IIB 

114TH CONGRESS 

2D SESSION H. R. 3016 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2016 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to make certain 

improvements in the laws administered by the Secretary 

of Veterans Affairs relating to health care, educational 

assistance, and vocational rehabilitation, to establish the 

Veterans Economic Opportunity and Transition Administration, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Veterans Employment, Education, and Healthcare Im6 provement Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—VETERANS HEALTH CARE 

Sec. 101. Role of podiatrists in Department of Veterans Affairs. 

Sec. 102. Priority of medal of honor recipients in health care system of Department of Veterans Affairs. 

Sec. 103. Improvement of care provided to newborn children. 

Sec. 104. Comptroller General audit of budget of Veterans Health Administration. 

Sec. 105. Outreach to veterans regarding effect of certain delayed payments by 

Department of Veterans Affairs Chief Business Office. 

Sec. 106. Department of Veterans Affairs pilot program on dog training therapy. 

TITLE II—VETERANS ECONOMIC OPPORTUNITY AND TRANSITION 

ADMINISTRATION 

Sec. 201. Establishment of Veterans Economic Opportunity and Transition Administration. 

Sec. 202. Under Secretary for Veterans Economic Opportunity and Transition. 

TITLE III—EDUCATION ASSISTANCE AND VOCATIONAL 

REHABILITATION 

Sec. 301. Modification and improvement of transfer of unused education benefits to family members under Department of Veterans Affairs 

Post-9/11 Educational Assistance Program. 

Sec. 302. Clarification of eligibility for Marine Gunnery Sergeant John David 

Fry Scholarship. 

Sec. 303. Approval of courses of education and training for purposes of the vocational rehabilitation program of the Department of Veterans 

Affairs. 

Sec. 304. Authority to prioritize vocational rehabilitation services based on 

need. 

Sec. 305. Recodification and improvement of election process for Post-9/11 

Educational Assistance Program. 

Sec. 306. Clarification of assistance provided for certain flight training and 

other programs of education. 


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Sec. 307. Consideration of certain time spent receiving medical care from Secretary of Defense as active duty for purposes of eligibility for 

post-9/11 educational assistance. 

Sec. 308. Work-study allowance. 

Sec. 309. Vocational rehabilitation and education action plan. 

Sec. 310. Reduction in redundancy and inefficiencies in vocational rehabilitation claims processing. 

TITLE IV—ADMINISTRATION OF EDUCATIONAL ASSISTANCE 

Sec. 401. Centralized reporting of veteran enrollment by certain groups, districts, and consortiums of educational institutions. 

Sec. 402. Provision of information regarding veteran entitlement to educational 

assistance. 

Sec. 403. Role of State approving agencies. 

Sec. 404. Criteria used to approve courses. 

Sec. 405. Compliance surveys. 

Sec. 406. Survey of individuals using their entitlement to educational assistance 

under the educational assistance programs administered by the 

Secretary of Veterans Affairs. 

Sec. 407. Improvement of information technology of the Veterans Benefits Administration of the Department of Veterans Affairs. 

Sec. 408. Technical amendment relating to in-State tuition rate for individuals 

to whom entitlement is transferred under All-Volunteer Force 

Educational Assistance Program and Post-9/11 Educational 

Assistance. 

TITLE V—OTHER MATTERS 

Sec. 501. Amount of loan guaranteed under home loan program of Department 

of Veterans Affairs. 

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

for veterans. 

Sec. 503. Limitations on subcontracts under contracts with small business concerns owned and controlled by veterans. 

Sec. 504. Procedures for provision of certain information to State veterans 

agencies to facilitate the furnishing of assistance and benefits 

to veterans. 

1 TITLE I—VETERANS HEALTH 

2 CARE 

3 SEC. 101. ROLE OF PODIATRISTS IN DEPARTMENT OF VET4 ERANS AFFAIRS. 

5 (a) INCLUSION AS PHYSICIAN.— 

6 (1) IN GENERAL.—Subchapter I of chapter 74 

7 of title 38, United States Code, is amended by add8 ing at the end the following new section: 


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1 ‘‘§ 7413. Treatment of podiatrists 

2 ‘‘For purposes of this chapter, the term ‘physician’ 

3 includes a podiatrist.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting after the item relating to section 7412 

7 the following new item: 

‘‘7413. Treatment of podiatrists.’’. 

8 (3) CONFORMING AMENDMENT.—Section 

9 7401(1) of such title is amended by striking ‘‘Physi10 cians, dentists, podiatrists,’’ and inserting ‘‘Physi11 cians, dentists,’’. 

12 (b) QUALIFICATIONS.—Section 7402(b) of such title 

13 is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (A), by striking ‘‘or 

16 of doctor of osteopathy’’ and inserting ‘‘, doctor 

17 of osteopathy, or doctor of podiatric medicine’’; 

18 and 

19 (B) in subparagraph (C), by inserting ‘‘po20 diatry,’’ after ‘‘surgery,’’; 

21 (2) by striking paragraph (5); and 

22 (3) by redesignating paragraphs (6) through 

23 (14) as paragraphs (5) through (13), respectively. 

24 (c) PERIOD OF APPOINTMENT.—Section 7403(a)(2) 

25 of such title is amended— 


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1 (1) by striking subparagraph (C); and 

2 (2) by redesignating subparagraphs (D) 

3 through (H) as subparagraphs (C) through (G), re4 spectively. 

5 (d) MODIFICATION OF PAY GRADE.— 

6 (1) GRADE.—The list in section 7404(b) of 

7 such title is amended by striking ‘‘CLINICAL PO8 DIATRIST, CHIROPRACTOR, AND OPTOM9 ETRIST SCHEDULE’’ and inserting ‘‘CLINICAL 

10 CHIROPRACTOR AND OPTOMETRIST SCHED11 ULE’’. 

12 (2) APPLICATION.—The amendment made by 

13 paragraph (1) shall apply with respect to a pay pe14 riod of the Department of Veterans Affairs begin15 ning on or after the date that is 30 days after the 

16 date of the enactment of this Act. 

17 (e) CONTRACTS FOR SCARCE SERVICES.—Section 

18 7409(a) of such title is amended by striking ‘‘podia19 trists,’’. 

20 (f) PERSONNEL ADMINISTRATION.—Section 7421(b) 

21 of such title is amended— 

22 (1) by striking paragraph (3); and 

23 (2) by redesignating paragraphs (4) through 

24 (8) as paragraphs (3) through (7), respectively. 


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1 (g) MEDICAL DIRECTORS.—Section 7306(a)(4) of 

2 such title is amended by inserting ‘‘, doctor of podiatric 

3 medicine,’’ after ‘‘doctor of medicine’’. 

4 (h) APPLICATION.—The amendments made by this 

5 section shall apply with respect to podiatrists employed by 

6 the Department of Veterans Affairs as of the date of the 

7 enactment of this Act or who are appointed on or after 

8 such date. 

9 SEC. 102. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN 

10 HEALTH CARE SYSTEM OF DEPARTMENT OF 

11 VETERANS AFFAIRS. 

12 (a) ENROLLMENT PRIORITY.—Section 1705(a) of 

13 title 38, United States Code, is amended— 

14 (1) in paragraph (1), by striking the period at 

15 the end and inserting the following: ‘‘and veterans 

16 who were awarded the medal of honor under section 

17 3741, 6241, or 8741 of title 10 or section 491 of 

18 title 14.’’; and 

19 (2) in paragraph (3), by striking ‘‘veterans who 

20 were awarded the medal of honor under section 

21 3741, 6241, or 8741 of title 10 or section 491 of 

22 title 14,’’. 

23 (b) ELIGIBILITY.—Section 1710(a)(2)(D) of such 

24 title is amended by inserting after ‘‘war’’ the following: 

25 ‘‘, who was awarded the medal of honor under section 


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1 3741, 6241, or 8741 of title 10 or section 491 of title 

2 14,’’. 

3 (c) EXTENDED CARE SERVICES.—Section 

4 1710B(c)(2) of such title is amended— 

5 (1) in subparagraph (B), by striking ‘‘or’’; 

6 (2) in subparagraph (C), by striking the period 

7 at the end and inserting ‘‘; or’’; and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(D) to a veteran who was awarded the medal 

11 of honor under section 3741, 6241, or 8741 of title 

12 10 or section 491 of title 14.’’. 

13 (d) COPAYMENT FOR MEDICATIONS.—Section 

14 1722A(a)(3) of such title is amended— 

15 (1) in subparagraph (B), by striking ‘‘or’’; 

16 (2) in subparagraph (C), by striking the period 

17 at the end and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following new sub19 paragraph: 

20 ‘‘(D) to a veteran who was awarded the medal 

21 of honor under section 3741, 6241, or 8741 of title 

22 10 or section 491 of title 14.’’. 

23 (e) APPLICATION.—The priority of enrollment of 

24 medal of honor recipients pursuant to chapter 17 of title 

25 38, United States Code, as amended by this section, shall 


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1 apply to each such recipient, regardless of the date on 

2 which the medal is awarded. 

3 SEC. 103. IMPROVEMENT OF CARE PROVIDED TO NEWBORN 

4 CHILDREN. 

5 Section 1786 of title 38, United States Code, is 

6 amended— 

7 (1) in subsection (a), by striking ‘‘seven days’’ 

8 and inserting ‘‘42 days’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(c) ANNUAL REPORT.—Not later than October 31, 

12 2016, and each year thereafter through 2020, the Sec13 retary shall submit to the Committees on Veterans’ Affairs 

14 of the House of Representatives and the Senate a report 

15 on the health care services provided under subsection (a) 

16 during the fiscal year preceding the date of the report, 

17 including the number of newborn children who received 

18 such services during such fiscal year.’’. 

19 SEC. 104. COMPTROLLER GENERAL AUDIT OF BUDGET OF 

20 VETERANS HEALTH ADMINISTRATION. 

21 (a) IN GENERAL.—Subchapter II of chapter 73 of 

22 title 38, United States Code, is amended by adding at the 

23 end the following new section: 


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1 ‘‘§ 7330B. Comptroller General audit of VHA budget 

2 ‘‘(a) IN GENERAL.—The Comptroller General of the 

3 United States shall periodically conduct an audit of ele4 ments of the budget of the Veterans Health Administra5 tion, including the budget formulation, execution, alloca6 tion, and use of funds. 

7 ‘‘(b) SELECTION OF ELEMENTS.—(1) In selecting 

8 elements of the budget of the Veterans Health Administra9 tion for purposes of an audit under subsection (a), the 

10 Comptroller General shall take into consideration— 

11 ‘‘(A) knowledge of the programs of the Vet12 erans Health Administration; 

13 ‘‘(B) current issues; 

14 ‘‘(C) national priorities; and 

15 ‘‘(D) priorities expressed by the appropriate 

16 congressional committees. 

17 ‘‘(2) Not later than 30 days before conducting an 

18 audit under subsection (a), the Comptroller General shall 

19 submit to the appropriate congressional committees notice 

20 of the elements selected by the Comptroller General for 

21 purposes of the audit. 

22 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

23 In this section, the term ‘appropriate congressional com24 mittees’ means— 


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1 ‘‘(1) the Committee on Veterans’ Affairs, the 

2 Committee on Appropriations, and the Committee on 

3 the Budget of the Senate; and 

4 ‘‘(2) the Committee on Veterans’ Affairs, the 

5 Committee on Appropriations, and the Committee on 

6 the Budget of the House of Representatives.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by inserting 

9 after the item relating to section 7330A the following new 

10 item: 

‘‘7330B. Comptroller General audit of VHA budget.’’. 

11 SEC. 105. OUTREACH TO VETERANS REGARDING EFFECT 

12 OF CERTAIN DELAYED PAYMENTS BY DE13 PARTMENT OF VETERANS AFFAIRS CHIEF 

14 BUSINESS OFFICE. 

15 (a) OUTREACH.—The Secretary of Veterans Affairs 

16 shall conduct outreach, including through national and 

17 local veterans service organizations, to inform veterans of 

18 how to resolve credit issues caused by delayed payment 

19 of a claim for emergency hospital care, medical services, 

20 or other emergency health care furnished through a non21 Department of Veterans Affairs provider. The Secretary 

22 shall establish a toll-free telephone number for veterans 

23 to report such credit issues to the Chief Business Office 

24 of the Department of Veterans Affairs. 

25 (b) ANNUAL REPORT.— 


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1 (1) IN GENERAL.—During the five-year period 

2 beginning on the date of the enactment of this Act, 

3 the Secretary of Veterans Affairs shall annually sub4 mit to Congress a report on the effectiveness of the 

5 Chief Business Office in providing timely payment of 

6 proper invoices for emergency hospital care, medical 

7 services, or other emergency health care furnished 

8 through non-Department of Veterans Affairs pro9 viders by the required payment date during both the 

10 five-year period preceding the date of the report and 

11 the one-year period preceding such date. For any 

12 part of the period covered by a report under this 

13 subsection that occurred before October 1, 2014, the 

14 report shall evaluate the provision of such payments 

15 by the Veterans Integrated Service Networks. 

16 (2) MATTERS INCLUDED.—The reports under 

17 paragraph (1) shall include, for each period covered 

18 by the report, the following: 

19 (A) The number of veterans who contacted 

20 the Secretary regarding a delayed payment that 

21 negatively affected, or will potentially negatively 

22 affect, the credit of the veteran. 

23 (B) The total amount of interest penalties 

24 paid by the Secretary of Veterans Affairs under 


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1 section 3902 of title 31, United States Code, by 

2 reason of a delayed payment. 

3 (C) The number of proper invoices sub4 mitted, listed in a table for each quarter and 

5 fiscal year of each such period that includes— 

6 (i) the total amount owed by the Sec7 retary under the proper invoices; 

8 (ii) the payment status of each proper 

9 invoice, as of the date of the report; and 

10 (iii) the period that elapsed until each 

11 proper invoice was paid, including an ex12 planation of any delayed payment. 

13 (D) Any comments regarding delayed pay14 ments made by medical providers. 

15 (E) A description of the best practices that 

16 the Chief Business Office can carry out to pro17 vide timely payment of a proper invoice, includ18 ing a plan to improve such timely payments. 

19 (c) QUARTERLY REPORTS ON PENDING CLAIMS.— 

20 During the five-year period beginning on the date of the 

21 enactment of this Act, the Chief Business Office of the 

22 Department of Veterans Affairs shall submit to Congress 

23 quarterly reports on the number of pending claims for re24 imbursement for emergency hospital care, medical serv25 ices, and other emergency health care furnished through 


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1 non-Department of Veterans Affairs providers. Each such 

2 report shall include each of the following: 

3 (1) The total number of such pending claims 

4 for each hospital system of the Department, as of 

5 the last day of the quarter covered by the report. 

6 (2) The total number of veterans who sub7 mitted such a pending claim in each State, as of 

8 such day. 

9 (3) The aggregate amount of all such pending 

10 claims in each State, as of such day. 

11 (4) As of such day— 

12 (A) the number of such pending claims 

13 that have been pending for 30 days or longer; 

14 (B) the number of such pending claims 

15 that have been pending for 90 days or longer; 

16 and 

17 (C) the number of such pending claims 

18 that have been pending for 365 days or longer. 

19 (5) For each hospital system, for the quarter 

20 covered by the report— 

21 (A) the number of claims for reimburse22 ment for emergency hospital care, medical serv23 ices, and other emergency health care furnished 

24 through non-Department of Veterans Affairs 

25 providers approved during such quarter; 


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1 (B) the number of such claims denied dur2 ing such quarter; and 

3 (C) the number of such claims denied list4 ed by each denial reason group. 

5 (d) COMPTROLLER GENERAL STUDY.— 

6 (1) IN GENERAL.—The Comptroller General of 

7 the United States shall conduct a study that evalu8 ates the effectiveness of the Chief Business Office in 

9 providing timely payment of a proper invoice for 

10 emergency hospital care, medical services, or other 

11 emergency health care furnished through non-De12 partment of Veterans Affairs providers by the re13 quired payment date. 

14 (2) SUBMITTAL.—The Comptroller General 

15 shall submit to Congress a report on the study con16 ducted under paragraph (1), including the total 

17 amount of interest penalties paid by the Secretary of 

18 Veterans Affairs under section 3902 of title 31, 

19 United States Code, by reason of a delayed payment. 

20 (e) DEFINITIONS.—In this section: 

21 (1) The term ‘‘delayed payment’’ means a prop22 er invoice that is not paid by the Secretary of Vet23 erans Affairs until after the required payment date. 


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1 (2) The term ‘‘proper invoice’’ has the meaning 

2 given that term in section 3901(a) of title 31, 

3 United States Code. 

4 (3) The term ‘‘required payment date’’ means 

5 the date that payment is due for a contract pursu6 ant to section 3903(a) of title 31, United States 

7 Code. 

8 SEC. 106. DEPARTMENT OF VETERANS AFFAIRS PILOT PRO9 GRAM ON DOG TRAINING THERAPY. 

10 (a) IN GENERAL.—Commencing not later than 120 

11 days after the date of the enactment of the Act, the Sec12 retary of Veterans Affairs shall carry out a pilot program 

13 under which the Secretary shall enter into a contract with 

14 one or more appropriate non-government entities for the 

15 purpose of assessing the effectiveness of addressing post16 deployment mental health and post-traumatic stress dis17 order symptoms through a therapeutic medium of training 

18 service dogs for veterans with disabilities. 

19 (b) DURATION OF PILOT PROGRAM.—The pilot pro20 gram required by subsection (a) shall be carried out dur21 ing the five-year period beginning on the date of the com22 mencement of the pilot program. 

23 (c) LOCATIONS OF PILOT PROGRAM.—In entering 

24 into contracts for purposes of the pilot program, the Sec25 retary shall seek to enter into contracts with appropriate 


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1 non-government entities located in close proximity to at 

2 least three but not more than five medical centers of the 

3 Department. 

4 (d) APPROPRIATE NON-GOVERNMENT ENTITIES.— 

5 For purposes of the pilot program, an appropriate non6 government entity is an entity that is certified in the train7 ing and handling of service dogs and that has a training 

8 area that would be appropriate for use in educating vet9 erans with mental health conditions in the art and science 

10 of service dog training and handling. Such training area 

11 shall— 

12 (1) include a dedicated space that is suitable 

13 for grooming and training dogs indoors; 

14 (2) be wheelchair accessible; 

15 (3) include classroom or lecture space; 

16 (4) include office space for staff; 

17 (5) include a suitable space for storing training 

18 equipment; 

19 (6) provide for periodic use of other training 

20 areas for training the dogs with wheelchairs and 

21 conducting other exercises; 

22 (7) include outdoor exercise and toileting space 

23 for dogs; and 

24 (8) provide transportation for weekly field trips 

25 to train dogs in other environments. 


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1 (e) DESIGN OF PILOT PROGRAM.—Each contract en2 tered into under subsection (a) shall provide that the non3 government entity shall— 

4 (1) ensure that veterans participating in the 

5 program receive training from certified service dog 

6 training instructors; 

7 (2) ensure that in selecting assistance dogs for 

8 use in the program, dogs residing in animal shelters 

9 or foster homes are looked at as an option, if appro10 priate, and ensure that all dogs used in the program 

11 have adequate temperament and health clearances; 

12 (3) ensure that each service dog in training 

13 participating in the pilot program is taught all es14 sential commands pertaining to service dog skills; 

15 (4) ensure that each service dog in training 

16 lives at the pilot program site or a volunteer foster 

17 home in the vicinity of such site while receiving 

18 training; 

19 (5) ensure that the pilot program involves both 

20 lecture of service dog training methodologies and 

21 practical hands-on training and grooming of service 

22 dogs; and 

23 (6) ensure that the pilot program is designed 

24 to— 


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1 (A) maximize the therapeutic benefits to 

2 veterans participating in the program; and 

3 (B) provide well-trained service dogs to 

4 veterans with disabilities; and 

5 (7) in hiring service dog training instructors to 

6 carry out training under the pilot program, give a 

7 preference to veterans who have successfully grad8 uated from post-traumatic stress disorder or other 

9 residential treatment programs and who have re10 ceived adequate certification in service dog training. 

11 (f) ADMINISTRATION.—In order to carry out the pilot 

12 program under section (a), the Secretary of Veterans Af13 fairs shall— 

14 (1) administer the program through the Recre15 ation Therapy Service of the Department of Vet16 erans Affairs under the direction of a certified rec17 reational therapist with sufficient administrative ex18 perience to oversee the pilot program; and 

19 (2) establish a director of service dog training 

20 with a background working in social services, experi21 ence in teaching others to train service dogs in a vo22 cational setting, and at least one year of experience 

23 working with veterans or active duty service mem24 bers with post-traumatic stress disorder in a clinical 

25 setting. 


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1 (g) VETERAN ELIGIBILITY.—The Secretary shall se2 lect veterans for participation in the pilot program. A vet3 eran with post-traumatic stress disorder or other post-de4 ployment mental health condition may volunteer to partici5 pate in the pilot program, if the Secretary determines that 

6 there are adequate program resources available for such 

7 veteran at the pilot program site. Veterans may partici8 pate in the pilot program in conjunction with the com9 pensated work therapy program of the Department of Vet10 erans Affairs. 

11 (h) COLLECTION OF DATA.—The Secretary shall col12 lect data on the pilot program required under subsection 

13 (a) to determine how effective the program is for the vet14 erans participating in the program. Such data shall in15 clude data to determine how effectively the program as16 sists veterans in— 

17 (1) reducing stigma associated with post-trau18 matic stress disorder or other post-deployment men19 tal health condition; 

20 (2) improving emotional regulation; 

21 (3) improving patience; 

22 (4) instilling or re-establishing a sense of pur23 pose; 

24 (5) providing an opportunity to help fellow vet25 erans; 


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1 (6) reintegrating into the community; 

2 (7) exposing the dog to new environments and 

3 in doing so, helping the veteran reduce social isola4 tion and withdrawal; 

5 (8) building relationship skills, including par6 enting skills; 

7 (9) relaxing the hyper-vigilant survival state; 

8 (10) improving sleep patterns; and 

9 (11) enabling veterans to decrease the use of 

10 pain medication. 

11 (i) REPORTS TO CONGRESS.—Not later than one year 

12 after the date of the commencement of the pilot program 

13 under subsection (a), and each year thereafter for the du14 ration of the pilot program, the Secretary shall submit to 

15 Congress a report on the pilot program. Each such report 

16 shall include— 

17 (1) the number of veterans participating in the 

18 pilot program; 

19 (2) a description of the services carried out 

20 under the pilot program; 

21 (3) the effects that participating in the pilot 

22 program has on the following— 

23 (A) symptoms of post-traumatic stress dis24 order and post-deployment adjustment difficulVerDate Sep 11 2014 22:59 Feb 10, 2016 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3016.RFS H3016

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1 ties, including depression, maintenance of sobri2 ety, suicidal ideations, and homelessness; 

3 (B) potentially relevant physiological mark4 ers that possibly relate to the interactions with 

5 the service dogs; 

6 (C) family dynamics; 

7 (D) insomnia and pain management; and 

8 (E) overall well-being; and 

9 (4) the recommendations of the Secretary with 

10 respect to the extension or expansion of the pilot 

11 program. 

12 (j) DEFINITION.—For the purposes of this section, 

13 the term ‘‘service dog training instructor’’ means an in14 structor who provides the direct training of veterans with 

15 post-traumatic stress disorder and other post-deployment 

16 issues in the art and science of service dog training and 

17 handling. 

18 TITLE II—VETERANS ECONOMIC 

19 OPPORTUNITY AND TRANSI20 TION ADMINISTRATION 

21 SEC. 201. ESTABLISHMENT OF VETERANS ECONOMIC OP22 PORTUNITY AND TRANSITION ADMINISTRA23 TION. 

24 (a) VETERANS ECONOMIC OPPORTUNITY AND TRAN25 SITION ADMINISTRATION.— 


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1 (1) IN GENERAL.—Part V of title 38, United 

2 States Code, is amended by adding at the end the 

3 following new chapter: 

4 ‘‘CHAPTER 80—VETERANS ECONOMIC OP5 PORTUNITY AND TRANSITION ADMIN6 ISTRATION 

‘‘Sec. 

‘‘8001. Organization of Administration. 

‘‘8002. Functions of Administration. 

7 ‘‘§ 8001. Organization of Administration 

8 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND

9 TRANSITION ADMINISTRATION.—There is in the Depart10 ment of Veterans Affairs a Veterans Economic Oppor11 tunity and Transition Administration. The primary func12 tion of the Veterans Economic Opportunity and Transi13 tion Administration is the administration of the programs 

14 of the Department that provide assistance related to eco15 nomic opportunity to veterans and their dependents and 

16 survivors. 

17 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR18 TUNITY AND TRANSITION.—The Veterans Economic Op19 portunity and Transition Administration is under the 

20 Under Secretary for Veterans Economic Opportunity and 

21 Transition, who is directly responsible to the Secretary for 

22 the operations of the Administration. 


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1 ‘‘§ 8002. Functions of Administration 

2 ‘‘The Veterans Economic Opportunity and Transition 

3 Administration is responsible for the administration of the 

4 following programs of the Department: 

5 ‘‘(1) Vocational rehabilitation and employment 

6 programs. 

7 ‘‘(2) Educational assistance programs. 

8 ‘‘(3) Veterans’ housing loan and related pro9 grams. 

10 ‘‘(4) The verification of small businesses owned 

11 and controlled by veterans pursuant to subsection (f) 

12 of section 8127 of this title, including the adminis13 tration of the database of veteran-owned businesses 

14 described in such subsection. 

15 ‘‘(5) The Transition Assistance Program under 

16 section 1144 of title 10. 

17 ‘‘(6) Any other program of the Department 

18 that the Secretary determines appropriate.’’. 

19 (2) CLERICAL AMENDMENTS.—The tables of 

20 chapters at the beginning of title 38, United States 

21 Code, and of part V of title 38, United States Code, 

22 are each amended by inserting after the item relat23 ing to chapter 79 the following new item: 

‘‘80. Veterans Economic Opportunity and Transition Administration ............................................................. 8001’’. 


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1 (b) EFFECTIVE DATE.—Chapter 80 of title 38, 

2 United States Code, as added by subsection (a), shall take 

3 effect on October 1, 2017. 

4 (c) FULL-TIME EMPLOYEES.—For fiscal years 2017 

5 and 2018, the total number of full-time equivalent employ6 ees authorized for the Veterans Benefits Administration 

7 and the Veterans Economic Opportunity and Transition 

8 Administration, as established under chapter 80 of title 

9 38, United States Code, as added by subsection (a), may 

10 not exceed 21,913. 

11 SEC. 202. UNDER SECRETARY FOR VETERANS ECONOMIC 

12 OPPORTUNITY AND TRANSITION. 

13 (a) UNDER SECRETARY.— 

14 (1) IN GENERAL.—Chapter 3 of title 38, United 

15 States Code, is amended by inserting after section 

16 306 the following new section: 

17 ‘‘§ 306A. Under Secretary for Veterans Economic Op18 portunity and Transition 

19 ‘‘(a) UNDER SECRETARY.—There is in the Depart20 ment an Under Secretary for Veterans Economic Oppor21 tunity and Transition, who is appointed by the President, 

22 by and with the advice and consent of the Senate. The 

23 Under Secretary for Veterans Economic Opportunity and 

24 Transition shall be appointed without regard to political 


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1 affiliation or activity and solely on the basis of dem2 onstrated ability in— 

3 ‘‘(1) information technology; and 

4 ‘‘(2) the administration of programs within the 

5 Veterans Economic Opportunity and Transition Ad6 ministration or programs of similar content and 

7 scope. 

8 ‘‘(b) RESPONSIBILITIES.—The Under Secretary for 

9 Veterans Economic Opportunity and Transition is the 

10 head of, and is directly responsible to the Secretary for 

11 the operations of, the Veterans Economic Opportunity and 

12 Transition Administration. 

13 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the po14 sition of Under Secretary for Veterans Economic Oppor15 tunity and Transition occurs or is anticipated, the Sec16 retary shall establish a commission to recommend individ17 uals to the President for appointment to the position. 

18 ‘‘(2) A commission established under this subsection 

19 shall be composed of the following members appointed by 

20 the Secretary: 

21 ‘‘(A) Three persons representing education and 

22 training, vocational rehabilitation, employment, real 

23 estate, mortgage finance and related industries, and 

24 survivor benefits activities affected by the Veterans 


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1 Economic Opportunity and Transition Administra2 tion. 

3 ‘‘(B) Two persons representing veterans served 

4 by the Veterans Economic Opportunity and Transi5 tion Administration. 

6 ‘‘(C) Two persons who have experience in the 

7 management of private sector benefits programs of 

8 similar content and scope to the economic oppor9 tunity and transition programs of the Department. 

10 ‘‘(D) The Deputy Secretary of Veterans Affairs. 

11 ‘‘(E) The chairman of the Veterans’ Advisory 

12 Committee on Education formed under section 3692 

13 of this title. 

14 ‘‘(F) One person who has held the position of 

15 Under Secretary for Veterans Economic Opportunity 

16 and Transition, if the Secretary determines that it 

17 is desirable for such person to be a member of the 

18 commission. 

19 ‘‘(3) A commission established under this subsection 

20 shall recommend at least three individuals for appoint21 ment to the position of Under Secretary for Veterans Eco22 nomic Opportunity and Transition. The commission shall 

23 submit all recommendations to the Secretary. The Sec24 retary shall forward the recommendations to the President 

25 and the Committees on Veterans’ Affairs of the Senate 


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1 and House of Representatives with any comments the Sec2 retary considers appropriate. Thereafter, the President 

3 may request the commission to recommend additional in4 dividuals for appointment. 

5 ‘‘(4) The Assistant Secretary or Deputy Assistant 

6 Secretary of Veterans Affairs who performs personnel 

7 management and labor relations functions shall serve as 

8 the executive secretary of a commission established under 

9 this subsection. 

10 ‘‘(d) QUALIFICATIONS OF RECOMMENDED INDIVID11 UALS.—Each individual recommended to the President by 

12 the commission for appointment to the position of Under 

13 Secretary for Veterans Economic Opportunity and Transi14 tion shall be an individual who has held a senior level posi15 tion in the private sector with responsibilities relating to 

16 at least one of the following: 

17 ‘‘(1) Education policy. 

18 ‘‘(2) Vocational rehabilitation. 

19 ‘‘(3) Employment. 

20 ‘‘(4) Job placement. 

21 ‘‘(5) Home loan finance. 

22 ‘‘(6) Small business development.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended 


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1 by inserting after the item relating to section 306 

2 the following new item: 

‘‘306A. Under Secretary for Veterans Economic Opportunity and Transition.’’. 

3 (b) CONFORMING AMENDMENTS.—Title 38, United 

4 States Code, is further amended— 

5 (1) in section 306(c)(2), by striking subpara6 graphs (A) and (E) and redesignating subpara7 graphs (B), (C), (D), and (F), as subparagraphs (A) 

8 through (D), respectively; 

9 (2) in section 317(d)(2), by inserting after 

10 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

11 Under Secretary for Veterans Economic Opportunity 

12 and Transition,’’; 

13 (3) in section 318(d)(2), by inserting after 

14 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

15 Under Secretary for Veterans Economic Opportunity 

16 and Transition,’’; 

17 (4) in section 516(e)(2)(C), by striking ‘‘Health 

18 and the Under Secretary for Benefits’’ and inserting 

19 ‘‘Health, the Under Secretary for Benefits, and the 

20 Under Secretary for Veterans Economic Opportunity 

21 and Transition’’; 

22 (5) in section 541(a)(2)(B), by striking ‘‘Health 

23 and the Under Secretary for Benefits’’ and inserting 

24 ‘‘Health, the Under Secretary for Benefits, and the 


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1 Under Secretary for Veterans Economic Opportunity 

2 and Transition’’; 

3 (6) in section 542(a)(2)(B)(iii), by striking 

4 ‘‘Health and the Under Secretary for Benefits’’ and 

5 inserting ‘‘Health, the Under Secretary for Benefits, 

6 and the Under Secretary for Veterans Economic Op7 portunity and Transition’’; 

8 (7) in section 544(a)(2)(B)(vi), by striking 

9 ‘‘Health and the Under Secretary for Benefits’’ and 

10 inserting ‘‘Health, the Under Secretary for Benefits, 

11 and the Under Secretary for Veterans Economic Op12 portunity and Transition’’; 

13 (8) in section 709(c)(2)(A), by inserting after 

14 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

15 Under Secretary for Veterans Economic Opportunity 

16 and Transition,’’; 

17 (9) in section 7701(a), by inserting after ‘‘as18 sistance’’ the following: ‘‘, other than assistance re19 lated to Economic Opportunity and Transition,’’; 

20 and 

21 (10) in section 7703, by striking paragraphs (2) 

22 and (3) and redesignating paragraphs (4) and (5) as 

23 paragraphs (2) and (3), respectively. 

24 (c) EFFECTIVE DATE.—Section 306A of title 38, 

25 United States Code, as added by subsection (a), and the 


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1 amendments made by this section, shall take effect on Oc2 tober 1, 2017. 

3 TITLE III—EDUCATION ASSIST4 ANCE AND VOCATIONAL RE5 HABILITATION 

6 SEC. 301. MODIFICATION AND IMPROVEMENT OF TRANS7 FER OF UNUSED EDUCATION BENEFITS TO 

8 FAMILY MEMBERS UNDER DEPARTMENT OF 

9 VETERANS AFFAIRS POST-9/11 EDUCATIONAL 

10 ASSISTANCE PROGRAM. 

11 (a) RATE OF PAYMENT.—Subsection (h)(3)(B) of 

12 section 3319 of title 38, United States Code, is amended 

13 by inserting before the period at the end the following: 

14 ‘‘, except that the amount of the monthly stipend de15 scribed in subsection (c)(1)(B) or (g)(3)(A)(ii) of section 

16 3313, as the case may be, shall be payable in an amount 

17 equal to 50 percent of the amount of such stipend that 

18 would otherwise be payable under this chapter to the indi19 vidual making the transfer’’. 

20 (b) APPLICABILITY.—The amendment made by this 

21 section shall apply with respect to an election to transfer 

22 entitlement under section 3319 of title 38, United States 

23 Code, that is made on or after the date that is 180 days 

24 after the date of the enactment of this Act. 


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1 SEC. 302. CLARIFICATION OF ELIGIBILITY FOR MARINE 

2 GUNNERY SERGEANT JOHN DAVID FRY 

3 SCHOLARSHIP. 

4 (a) IN GENERAL.—Section 701(d) of the Veterans 

5 Access, Choice, and Accountability Act of 2014 (Public 

6 Law 113–146; 128 Stat. 1796; 38 U.S.C. 3311 note) is 

7 amended to read as follows: 

8 ‘‘(d) APPLICABILITY.— 

9 ‘‘(1) IN GENERAL.—The amendments made by 

10 this section shall apply with respect to a quarter, se11 mester, or term, as applicable, commencing on or 

12 after January 1, 2015. 

13 ‘‘(2) DEATHS THAT OCCURRED BETWEEN SEP14 TEMBER 11, 2001, AND DECEMBER 31, 2005.—For 

15 purposes of section 3311(f)(2) of title 38, United 

16 States Code, any member of the Armed Forces who 

17 died during the period beginning on September 11, 

18 2001, and ending on December 31, 2005, is deemed 

19 to have died on January 1, 2006.’’. 

20 (b) ELECTION ON RECEIPT OF CERTAIN BENE21 FITS.—Section 3311(f) of title 38, United States Code, 

22 is amended— 

23 (1) in paragraph (3), by striking ‘‘A surviving 

24 spouse’’ and inserting ‘‘Except as provided in para25 graph (4), a surviving spouse’’; 


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1 (2) by redesignating paragraph (4) as para2 graph (5); and 

3 (3) by inserting after paragraph (3) the fol4 lowing new paragraph (4): 

5 ‘‘(4) EXCEPTION FOR CERTAIN ELECTIONS.— 

6 ‘‘(A) IN GENERAL.—An election made 

7 under paragraph (3) by a spouse described in 

8 subparagraph (B) may not be treated as irrev9 ocable if such election occurred before the date 

10 of the enactment of this paragraph. 

11 ‘‘(B) ELIGIBLE SURVIVING SPOUSE.—A 

12 spouse described in this subparagraph is an in13 dividual— 

14 ‘‘(i) who is entitled to assistance 

15 under subsection (a) pursuant to para16 graph (9) of subsection (b); and 

17 ‘‘(ii) who was the spouse of a member 

18 of the Armed Forces who died during the 

19 period beginning on September 11, 2001, 

20 and ending on December 31, 2005.’’. 

21 (c) TECHNICAL AMENDMENT.—Paragraph (5) of 

22 subsection (f) of section 3311 of title 38, United States 

23 Code, as redesignated by subsection (b)(2), is amended by 

24 striking ‘‘that paragraph’’ and inserting ‘‘paragraph (9) 

25 of subsection (b)’’. 


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1 (d) YELLOW RIBBON G.I. EDUCATION ENHANCE2 MENT PROGRAM.—Section 3317(a) of such title is amend3 ed by striking ‘‘paragraphs (1) and (2) of section 

4 3311(b)’’ and inserting ‘‘paragraphs (1), (2), and (9) of 

5 section 3311(b) of this title’’. 

6 SEC. 303. APPROVAL OF COURSES OF EDUCATION AND 

7 TRAINING FOR PURPOSES OF THE VOCA8 TIONAL REHABILITATION PROGRAM OF THE 

9 DEPARTMENT OF VETERANS AFFAIRS. 

10 (a) IN GENERAL.—Section 3104(b) of title 38, 

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

12 following new sentence: ‘‘To the maximum extent prac13 ticable, a course of education or training may be pursued 

14 by a veteran as part of a rehabilitation program under 

15 this chapter only if the course is approved for purposes 

16 of chapter 30 or 33 of this title. The Secretary may waive 

17 the requirement under the preceding sentence to the ex18 tent the Secretary determines appropriate.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall apply with respect to a course of edu21 cation or training pursued by a veteran who first begins 

22 a program of rehabilitation under chapter 31 of title 38, 

23 United States Code, on or after the date that is one year 

24 after the date of the enactment of this Act. 


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1 SEC. 304. AUTHORITY TO PRIORITIZE VOCATIONAL REHA2 BILITATION SERVICES BASED ON NEED. 

3 Section 3104 of title 38, United States Code, as 

4 amended by section 303, is further amended by adding 

5 at the end the following new subsection: 

6 ‘‘(c)(1) The Secretary shall have the authority to ad7 minister this chapter by prioritizing the provision of serv8 ices under this chapter based on need, as determined by 

9 the Secretary. In evaluating need for purposes of this sub10 section, the Secretary shall consider disability ratings, the 

11 severity of employment handicaps, qualification for a pro12 gram of independent living, income, and any other factor 

13 the Secretary determines appropriate. 

14 ‘‘(2) Not later than 90 days before making any 

15 changes to the prioritization of the provision of services 

16 under this chapter as authorized under paragraph (1), the 

17 Secretary shall submit to Congress a plan describing such 

18 changes.’’. 

19 SEC. 305. RECODIFICATION AND IMPROVEMENT OF ELEC20 TION PROCESS FOR POST-9/11 EDUCATIONAL 

21 ASSISTANCE PROGRAM. 

22 (a) IN GENERAL.—Subchapter III of chapter 33 of 

23 title 38, United States Code, is amended by adding at the 

24 end the following new section: 


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1 ‘‘§ 3326. Election to receive educational assistance 

2 ‘‘(a) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPA3 TION IN POST-9/11 EDUCATIONAL ASSISTANCE.—An indi4 vidual may elect to receive educational assistance under 

5 this chapter if such individual— 

6 ‘‘(1) as of August 1, 2009— 

7 ‘‘(A) is entitled to basic educational assist8 ance under chapter 30 of the title and has used, 

9 but retains unused, entitlement under that 

10 chapter; 

11 ‘‘(B) is entitled to educational assistance 

12 under chapter 107, 1606, or 1607 of title 10 

13 and has used, but retains unused, entitlement 

14 under the applicable chapter; 

15 ‘‘(C) is entitled to basic educational assist16 ance under chapter 30 of this title but has not 

17 used any entitlement under that chapter; 

18 ‘‘(D) is entitled to educational assistance 

19 under chapter 107, 1606, or 1607 of title 10 

20 but has not used any entitlement under such 

21 chapter; 

22 ‘‘(E) is a member of the Armed Forces 

23 who is eligible for receipt of basic educational 

24 assistance under chapter 30 this title and is 

25 making contributions toward such assistance 


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1 under section 3011(b) or 3012(c) of this title; 

2 or 

3 ‘‘(F) is a member of the Armed Forces 

4 who is not entitled to basic educational assist5 ance under chapter 30 of this title by reason of 

6 an election under section 3011(c)(1) or 

7 3012(d)(1) of this title; and 

8 ‘‘(2) as of the date of the individual’s election 

9 under this paragraph, meets the requirements for 

10 entitlement to educational assistance under this 

11 chapter. 

12 ‘‘(b) CESSATION OF CONTRIBUTIONS TOWARD GI 

13 BILL.—Effective as of the first month beginning on or 

14 after the date of an election under subsection (a) of an 

15 individual described by paragraph (1)(E) of that sub16 section, the obligation of the individual to make contribu17 tions under section 3011(b) or 3012(c) of this title, as 

18 applicable, shall cease, and the requirements of such sec19 tion shall be deemed to be no longer applicable to the indi20 vidual. 

21 ‘‘(c) REVOCATION OF REMAINING TRANSFERRED

22 ENTITLEMENT.— 

23 ‘‘(1) ELECTION TO REVOKE.—If, on the date an 

24 individual described in paragraph (1)(A) or (1)(C) of 

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1 section, a transfer of the entitlement of the indi2 vidual to basic educational assistance under section 

3 3020 of this title is in effect and a number of 

4 months of the entitlement so transferred remain un5 utilized, the individual may elect to revoke all or a 

6 portion of the entitlement so transferred that re7 mains unutilized. 

8 ‘‘(2) AVAILABILITY OF REVOKED ENTITLE9 MENT.—Any entitlement revoked by an individual 

10 under this paragraph shall no longer be available to 

11 the dependent to whom transferred, but shall be 

12 available to the individual instead for educational as13 sistance under chapter 33 of this title in accordance 

14 with the provisions of this section. 

15 ‘‘(3) AVAILABILITY OF UNREVOKED ENTITLE16 MENT.—Any entitlement described in paragraph (1) 

17 that is not revoked by an individual in accordance 

18 with that paragraph shall remain available to the de19 pendent or dependents concerned in accordance with 

20 the current transfer of such entitlement under sec21 tion 3020 of this title. 

22 ‘‘(d) POST-9/11 EDUCATIONAL ASSISTANCE.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

24 and except as provided in subsection (e), an indi25 vidual making an election under subsection (a) shall 


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1 be entitled to educational assistance under this chap2 ter in accordance with the provisions of this chapter, 

3 instead of basic educational assistance under chapter 

4 30 this title, or educational assistance under chapter 

5 107, 1606, or 1607 of title 10, as applicable. 

6 ‘‘(2) LIMITATION ON ENTITLEMENT FOR CER7 TAIN INDIVIDUALS.—In the case of an individual 

8 making an election under subsection (a) who is de9 scribed by paragraph (1)(A) of that subsection, the 

10 number of months of entitlement of the individual to 

11 educational assistance under this chapter 33 shall be 

12 the number of months equal to— 

13 ‘‘(A) the number of months of unused enti14 tlement of the individual under chapter 30 of 

15 this title, as of the date of the election, plus 

16 ‘‘(B) the number of months, if any, of enti17 tlement revoked by the individual under sub18 section (c)(1). 

19 ‘‘(e) CONTINUING ENTITLEMENT TO EDUCATIONAL

20 ASSISTANCE NOT AVAILABLE UNDER 9/11 ASSISTANCE

21 PROGRAM.— 

22 ‘‘(1) IN GENERAL.—In the event educational 

23 assistance to which an individual making an election 

24 under subsection (a) would be entitled under chapter 

25 30 of this title, or chapter 107, 1606, or 1607 of 


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1 title 10, as applicable, is not authorized to be avail2 able to the individual under the provisions of this 

3 chapter the individual shall remain entitled to such 

4 educational assistance in accordance with the provi5 sions of the applicable chapter. 

6 ‘‘(2) CHARGE FOR USE OF ENTITLEMENT.— 

7 The utilization by an individual of entitlement under 

8 paragraph (1) shall be chargeable against the enti9 tlement of the individual to educational assistance 

10 under this chapter at the rate of one month of enti11 tlement under this chapter for each month of entitle12 ment utilized by the individual under paragraph (1) 

13 (as determined as if such entitlement were utilized 

14 under the provisions of chapter 30 of this title, or 

15 chapter 107, 1606, or 1607 of title 10, as applica16 ble). 

17 ‘‘(f) ADDITIONAL POST-9/11 ASSISTANCE FOR MEM18 BERS HAVING MADE CONTRIBUTIONS TOWARD GI 

19 BILL.— 

20 ‘‘(1) ADDITIONAL ASSISTANCE.—In the case of 

21 an individual making an election under subsection 

22 (a) who is described by subparagraph (A), (C), or 

23 (E) of paragraph (1) of that subsection, the amount 

24 of educational assistance payable to the individual 

25 under this chapter 33 as a monthly stipend payable 


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1 under paragraph (1)(B) of section 3313(c) of this 

2 title, or under paragraphs (2) through (7) of that 

3 section (as applicable), shall be the amount other4 wise payable as a monthly stipend under the applica5 ble paragraph increased by the amount equal to— 

6 ‘‘(A) the total amount of contributions to7 ward basic educational assistance made by the 

8 individual under section 3011(b) or 3012(c) of 

9 this title, as of the date of the election, multi10 plied by 

11 ‘‘(B) the fraction— 

12 ‘‘(i) the numerator of which is— 

13 ‘‘(I) the number of months of en14 titlement to basic educational assist15 ance under chapter 30 of this title re16 maining to the individual at the time 

17 of the election; plus 

18 ‘‘(II) the number of months, if 

19 any, of entitlement under such chap20 ter 30 revoked by the individual under 

21 subsection (c)(1); and 

22 ‘‘(ii) the denominator of which is 36 

23 months. 

24 ‘‘(2) MONTHS OF REMAINING ENTITLEMENT

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1 vidual covered by paragraph (1) who is described by 

2 subsection (a)(1)(E), the number of months of enti3 tlement to basic educational assistance remaining to 

4 the individual for purposes of paragraph 

5 (1)(B)(i)(II) shall be 36 months. 

6 ‘‘(3) TIMING OF PAYMENT.—The amount pay7 able with respect to an individual under paragraph 

8 (1) shall be paid to the individual together with the 

9 last payment of the monthly stipend payable to the 

10 individual under paragraph (1)(B) of section 

11 3313(c) of this title, or under subsections (b) 

12 through (g) of that section (as applicable), before 

13 the exhaustion of the individual’s entitlement to edu14 cational assistance under this chapter. 

15 ‘‘(g) CONTINUING ENTITLEMENT TO ADDITIONAL

16 ASSISTANCE FOR CRITICAL SKILLS OR SPECIALITY AND

17 ADDITIONAL SERVICE.—An individual making an election 

18 under subsection (a)(1) who, at the time of the election, 

19 is entitled to increased educational assistance under sec20 tion 3015(d) of this title, or section 16131(i) of title 10, 

21 or supplemental educational assistance under subchapter 

22 III of chapter 30 of this title, shall remain entitled to such 

23 increased educational assistance or supplemental edu24 cational assistance in the utilization of entitlement to edu25 cational assistance under this chapter, in an amount equal 


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1 to the quarter, semester, or term, as applicable, equivalent 

2 of the monthly amount of such increased educational as3 sistance or supplemental educational assistance payable 

4 with respect to the individual at the time of the election. 

5 ‘‘(h) ALTERNATIVE ELECTION BY SECRETARY.— 

6 ‘‘(1) IN GENERAL.—In the case of an individual 

7 who, on or after January 1, 2016, submits to the 

8 Secretary an election under this section that the 

9 Secretary determines is clearly against the interests 

10 of the individual, or who fails to make an election 

11 under this section, the Secretary may make an alter12 native election on behalf of the individual that the 

13 Secretary determines is in the best interests of the 

14 individual. 

15 ‘‘(2) NOTICE.—If the Secretary makes an elec16 tion on behalf of an individual under this subsection, 

17 the Secretary shall notify the individual by not later 

18 than seven days after making such election and shall 

19 provide the individual with a 30-day period, begin20 ning on the date of the individual’s receipt of such 

21 notice, during which the individual may modify or 

22 revoke the election made by the Secretary on the in23 dividual’s behalf. The Secretary shall include, as 

24 part of such notice, a clear statement of why the al25 ternative election made by the Secretary is in the 


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1 best interests of the individual as compared to the 

2 election submitted by the individual. The Secretary 

3 shall provide the notice required under this para4 graph by electronic means whenever possible. 

5 ‘‘(i) IRREVOCABILITY OF ELECTIONS.—An election 

6 under subsection (a) or (c)(1) is irrevocable.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 at the end the following new item: 

‘‘3326. Election to receive educational assistance.’’. 

10 (c) CONFORMING REPEAL.—Subsection (c) of section 

11 5003 of the Post-9/11 Veterans Educational Assistance 

12 Act of 2008 (Public Law 110–252; 38 U.S.C. 3301 note) 

13 is hereby repealed. 

14 SEC. 306. CLARIFICATION OF ASSISTANCE PROVIDED FOR 

15 CERTAIN FLIGHT TRAINING AND OTHER PRO16 GRAMS OF EDUCATION. 

17 (a) FLIGHT TRAINING.—Subsection (c)(1)(A) of sec18 tion 3313 of title 38, United States Code, is amended— 

19 (1) in clause (i)— 

20 (A) by redesignating subclauses (I) and 

21 (II) as items (aa) and (bb), respectively; 

22 (B) by striking ‘‘In the case of a program 

23 of education pursued at a public institution of 

24 higher learning’’ and inserting ‘‘(I) Subject to 

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1 cation pursued at a public institution of higher 

2 learning not described in clause (ii)(II)(bb)’’; 

3 and 

4 (C) by adding at the end the following new 

5 subclause: 

6 ‘‘(II) In determining the actual net 

7 cost for in-State tuition and fees pursuant 

8 to subclause (I), the Secretary may not 

9 pay for tuition and fees relating to flight 

10 training.’’; and 

11 (2) in clause (ii)— 

12 (A) in subclause (I), by redesignating 

13 items (aa) and (bb) as subitems (AA) and 

14 (BB), respectively; 

15 (B) in subclause (II), by redesignating 

16 items (aa) and (bb) as subitems (AA) and 

17 (BB), respectively; 

18 (C) by redesignating subclauses (I) and 

19 (II) as items (aa) and (bb), respectively; 

20 (D) by striking ‘‘In the case of a program 

21 of education pursued at a non-public or foreign 

22 institution of higher learning’’ and inserting 

23 ‘‘(I) In the case of a program of education de24 scribed in subclause (II)’’; and 


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1 (E) by adding at the end the following new 

2 subclause: 

3 ‘‘(II) A program of education de4 scribed in this subclause is any of the fol5 lowing: 

6 ‘‘(aa) A program of education 

7 pursued at a non-public or foreign in8 stitution of higher learning. 

9 ‘‘(bb) A program of education 

10 pursued at a public institution of 

11 higher learning in which flight train12 ing is required to earn the degree 

13 being pursued (including with respect 

14 to a dual major, concentration, or 

15 other element of such a degree).’’. 

16 (b) CERTAIN PROGRAMS OF EDUCATION CARRIED

17 OUT UNDER CONTRACT.—Section 3313(c)(1)(A)(ii)(II) of 

18 title 38, United States Code, as added by subsection 

19 (a)(2)(E), is amended by adding at the end the following 

20 new item: 

21 ‘‘(cc) A program of education 

22 pursued at a public institution of 

23 higher learning in which the public in24 stitution of higher learning enters into 

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1 ty (other than another public institu2 tion of higher learning) to provide 

3 such program of education or a por4 tion of such program of education.’’. 

5 (c) APPLICATION.— 

6 (1) IN GENERAL.—Except as provided by para7 graph (2), the amendments made by subsection (a) 

8 and (b) shall apply with respect to a quarter, semes9 ter, or term, as applicable, commencing on or after 

10 the date of the enactment of this Act. 

11 (2) SPECIAL RULE FOR CURRENT STUDENTS.— 

12 In the case of an individual who, as of the date of 

13 the enactment of this Act, is using educational as14 sistance under chapter 33 of title 38, United States 

15 Code, to pursue a course of education that includes 

16 a program of education described in item (bb) or 

17 (cc) of section 3313(c)(1)(A)(ii)(II) of title 38, 

18 United States Code, as added by subsections (a) and 

19 (b), respectively, the amendment made by such sub20 section shall apply with respect to a quarter, semes21 ter, or term, as applicable, commencing on or after 

22 the date that is two years after the date of the en23 actment of this Act. 


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1 SEC. 307. CONSIDERATION OF CERTAIN TIME SPENT RE2 CEIVING MEDICAL CARE FROM SECRETARY 

3 OF DEFENSE AS ACTIVE DUTY FOR PUR4 POSES OF ELIGIBILITY FOR POST-9/11 EDU5 CATIONAL ASSISTANCE. 

6 (a) IN GENERAL.—Section 3301(1)(B) of title 38, 

7 United States Code, is amended by inserting ‘‘12301(h),’’ 

8 after ‘‘12301(g),’’. 

9 (b) APPLICATION.—The amendment made by sub10 section (a) shall apply with respect to active duty service 

11 by a member of a reserve component covered by section 

12 12301(h) of title 10, United States, beginning on or after 

13 the date that is 180 days after the date of the enactment 

14 of this Act. 

15 SEC. 308. WORK-STUDY ALLOWANCE. 

16 Section 3485(a)(4) of title 38, United States Code, 

17 is amended by striking ‘‘June 30, 2013’’ each place it ap18 pears and inserting ‘‘June 30, 2013, or the period begin19 ning on June 30, 2016, and ending on June 30, 2021’’. 

20 SEC. 309. VOCATIONAL REHABILITATION AND EDUCATION 

21 ACTION PLAN. 

22 Not later than 270 days after the date of the enact23 ment of this Act, the Secretary of Veterans Affairs shall 

24 develop and publish an action plan for improving the serv25 ices and assistance provided under chapter 31 of title 38, 


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1 United States Code. Such plan shall include each of the 

2 following: 

3 (1) A comprehensive analysis of, and rec4 ommendations and a proposed implementation plan 

5 for remedying workload management challenges at 

6 regional offices of the Department of Veterans Af7 fairs, including steps to reduce counselor caseloads 

8 of veterans participating in a rehabilitation program 

9 under such chapter, particularly for counselors who 

10 are assisting veterans with traumatic brain injury 

11 and post-traumatic stress disorder and counselors 

12 with educational and vocational counseling work13 loads. 

14 (2) A comprehensive analysis of the reasons for 

15 the disproportionately low percentage of veterans 

16 with service-connected disabilities who served in the 

17 Armed Forces after September 11, 2001, who opt to 

18 participate in a rehabilitation program under such 

19 chapter relative to the percentage of such veterans 

20 who use their entitlement to educational assistance 

21 under chapter 33 of title 38, United States Code, in22 cluding an analysis of barriers to timely enrollment 

23 in rehabilitation programs under chapter 31 of such 

24 title and of any barriers to a veteran enrolling in the 

25 program of that veteran’s choice. 


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1 (3) Recommendations and a proposed imple2 mentation plan for encouraging more veterans with 

3 service-connected disabilities who served in the 

4 Armed Forces after September 11, 2001, to partici5 pate in rehabilitation programs under chapter 31 of 

6 such title. 

7 (4) A national staff training program for voca8 tional rehabilitation counselors of the Department 

9 that includes the provision of— 

10 (A) training to assist counselors in under11 standing the very profound disorientation expe12 rienced by warriors whose lives and life-plans 

13 have been upended and out of their control be14 cause of their injury; 

15 (B) training to assist counselors in work16 ing in partnership with veterans on individual 

17 rehabilitation plans; and 

18 (C) training on post-traumatic stress dis19 order and other mental health conditions and 

20 on moderate to severe traumatic brain injury 

21 that is designed to improve the ability of such 

22 counselors to assist veterans with these condi23 tions, including by providing information on the 

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1 fect of such conditions on an individual’s abili2 ties and functional limitations. 

3 SEC. 310. REDUCTION IN REDUNDANCY AND INEFFICIEN4 CIES IN VOCATIONAL REHABILITATION 

5 CLAIMS PROCESSING. 

6 (a) VOCATIONAL REHABILITATION CLAIMS.—The 

7 Secretary of Veterans Affairs shall reduce redundancy and 

8 inefficiencies in the use of information technology to proc9 ess claims for rehabilitation programs under chapter 31 

10 of title 38, United States Code, by— 

11 (1) ensuring that all payments for and on be12 half of veterans participating in a rehabilitation pro13 gram under such chapter are only processed and 

14 paid out of one corporate information technology 

15 system, in order to eliminate the redundancy of mul16 tiple information technology payment systems; and 

17 (2) enhancing the information technology sys18 tem supporting veterans participating in such a pro19 gram to support more accurate accounting of serv20 ices and outcomes for such veterans. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary of Veterans 

23 Affairs for fiscal year 2016 $10,000,000 to carry out this 

24 section. 


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

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

3 Affairs shall submit to Congress a report on the changes 

4 made pursuant to subsection (a). 

5 TITLE IV—ADMINISTRATION OF 

6 EDUCATIONAL ASSISTANCE 

7 SEC. 401. CENTRALIZED REPORTING OF VETERAN ENROLL8 MENT BY CERTAIN GROUPS, DISTRICTS, AND 

9 CONSORTIUMS OF EDUCATIONAL INSTITU10 TIONS. 

11 (a) IN GENERAL.—Section 3684(a) of title 38, 

12 United States Code, is amended— 

13 (1) in paragraph (1), by inserting ‘‘32, 33,’’ 

14 after ‘‘31,’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(4) For purposes of this subsection, the term ‘edu18 cational institution’ may include a group, district, or con19 sortium of separately accredited educational institutions 

20 located in the same State that are organized in a manner 

21 that facilitates the centralized reporting of the enrollments 

22 in such group, district, or consortium of institutions.’’. 

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

24 subsection (a) shall apply with respect to reports sub25 mitted on or after the date of the enactment of this Act. 


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1 SEC. 402. PROVISION OF INFORMATION REGARDING VET2 ERAN ENTITLEMENT TO EDUCATIONAL AS3 SISTANCE. 

4 (a) IN GENERAL.—Subchapter II of chapter 36 of 

5 title 38, United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 3699. Provision of certain information to edu8 cational institutions 

9 ‘‘For each veteran or other individual pursuing a 

10 course of education that has been approved under this 

11 chapter using educational assistance to which the veteran 

12 or other individual is entitled under chapter 30, 32, 33, 

13 or 35 of this title, the Secretary shall make available to 

14 the educational institution offering the course information 

15 about the amount of such educational assistance to which 

16 the veteran or other individual is entitled. Such informa17 tion shall be provided to such educational institution 

18 through a secure information technology system accessible 

19 by the educational institution and shall be regularly up20 dated to reflect any amounts used by the veteran or other 

21 individual.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 3698 the following new 

25 item: 

‘‘3699. Provision of certain information to educational institutions.’’. 


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1 SEC. 403. ROLE OF STATE APPROVING AGENCIES. 

2 (a) APPROVAL OF CERTAIN COURSES.—Section 

3 3672(b)(2)(A) of title 38, United States Code, is amended 

4 by striking ‘‘the following’’ and all that follows through 

5 the colon and inserting the following: ‘‘a program of edu6 cation is deemed to be approved for purposes of this chap7 ter if a State approving agency determines that the pro8 gram is one of the following programs:’’. 

9 (b) APPROVAL OF OTHER COURSES.—Section 3675 

10 of such title is amended— 

11 (1) in subsection (a)(1)— 

12 (A) by striking ‘‘The Secretary or a State 

13 approving agency’’ and inserting ‘‘A State ap14 proving agency, or the Secretary when acting in 

15 the role of a State approving agency,’’; and 

16 (B) by striking ‘‘offered by proprietary for17 profit educational institutions’’ and inserting 

18 ‘‘not covered by section 3672 of this title’’; and 

19 (2) in subsection (b), by striking ‘‘the Secretary 

20 or the State approving agency’’ each place it appears 

21 and inserting ‘‘the State approving agency, or the 

22 Secretary when acting in the role of a State approv23 ing agency,’’. 

24 SEC. 404. CRITERIA USED TO APPROVE COURSES. 

25 (a) NONACCREDITED COURSES.—Section 

26 3676(c)(14) of title 38, United States Code, is amended 


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1 by inserting before the period the following: ‘‘if the Sec2 retary, in consultation with the State approving agency 

3 and pursuant to regulations prescribed to carry out this 

4 paragraph, determines such criteria are necessary and 

5 treat public, private, and proprietary for-profit educational 

6 institutions equitably’’. 

7 (b) ACCREDITED COURSES.—Section 3675(b)(3) of 

8 such title is amended by striking ‘‘and (3)’’ and inserting 

9 ‘‘(3), and (14)’’. 

10 (c) APPLICATION.—The amendment made by sub11 section (a) shall apply with respect to— 

12 (1) criteria developed pursuant to paragraph 

13 (14) of subsection (c) of section 3676 of title 38, 

14 United States Code, on or after January 1, 2013; 

15 and 

16 (2) an investigation conducted under such sub17 section that is covered by a reimbursement of ex18 penses paid by the Secretary of Veterans Affairs to 

19 a State pursuant to section 3674 of such title on or 

20 after October 1, 2015. 

21 SEC. 405. COMPLIANCE SURVEYS. 

22 (a) IN GENERAL.—Section 3693 of such title is 

23 amended— 

24 (1) by striking subsection (a) and inserting the 

25 following new subsection (a): 


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1 ‘‘(a)(1) Except as provided in subsection (b), the Sec2 retary shall conduct an annual compliance survey of edu3 cational institutions and training establishments offering 

4 one or more courses approved for the enrollment of eligible 

5 veterans or persons if at least 20 such veterans or persons 

6 are enrolled in any such course. The Secretary shall— 

7 ‘‘(A) design the compliance surveys to ensure 

8 that such institutions or establishments, as the case 

9 may be, and approved courses are in compliance 

10 with all applicable provisions of chapters 30 through 

11 36 of this title; 

12 ‘‘(B) survey each such educational institution 

13 and training establishment not less than once during 

14 every two-year period; and 

15 ‘‘(C) assign not fewer than one education com16 pliance specialist to work on compliance surveys in 

17 any year for each 40 compliance surveys required to 

18 be made under this section for such year. 

19 ‘‘(2) The Secretary, in consultation with the State ap20 proving agencies, shall— 

21 ‘‘(A) annually determine the parameters of the 

22 surveys required under paragraph (1); and 

23 ‘‘(B) not later than September 1 of each year, 

24 make available to the State approving agencies a list 

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1 lishments that will be surveyed during the fiscal year 

2 following the date of making such list available.’’; 

3 and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(c) In this section, the terms ‘educational institu7 tion’ and ‘training establishment’ have the meaning given 

8 such terms in section 3452 of this title.’’. 

9 (b) CONFORMING AMENDMENTS.—Subsection (b) of 

10 such section is amended— 

11 (1) by striking ‘‘subsection (a) of this section 

12 for an annual compliance survey’’ and inserting 

13 ‘‘subsection (a)(1) for a compliance survey’’; 

14 (2) by striking ‘‘institution’’ and inserting 

15 ‘‘educational institution or training establishment’’; 

16 and 

17 (3) by striking ‘‘institution’s demonstrated 

18 record of compliance’’ and inserting ‘‘record of com19 pliance of such institution or establishment’’. 


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1 SEC. 406. SURVEY OF INDIVIDUALS USING THEIR ENTITLE2 MENT TO EDUCATIONAL ASSISTANCE UNDER 

3 THE EDUCATIONAL ASSISTANCE PROGRAMS 

4 ADMINISTERED BY THE SECRETARY OF VET5 ERANS AFFAIRS. 

6 (a) SURVEY REQUIRED.—By not later than 270 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Veterans Affairs shall enter into a contract with a non9 government entity for the conduct of a survey of a statis10 tically valid sample of individuals who have used or are 

11 using their entitlement to educational assistance under 

12 chapters 30, 32, 33, and 35 of title 38, United States 

13 Code, to pursue a program of education or training. The 

14 contract shall provide that— 

15 (1) not later than one month before the collec16 tion of data under the survey begins, the survey 

17 shall be submitted to the Committees on Veterans’ 

18 Affairs of the Senate and House of Representatives; 

19 (2) the non-government entity shall complete 

20 the survey and submit to the Secretary the results 

21 of the survey by not later than 180 days after enter22 ing into the contract; and 

23 (3) the survey shall be conducted by electronic 

24 means and by any other means the non-government 

25 entity determines appropriate. 


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1 (b) INFORMATION TO BE COLLECTED.—The con2 tract under subsection (a) shall provide that the survey 

3 shall be designed to collect the following types of informa4 tion about each individual surveyed, where applicable: 

5 (1) Demographic information, including the 

6 highest level of education completed by the indi7 vidual, the military occupational specialty or special8 ties of the individual while serving on active duty as 

9 a member of the Armed Forces or as a member of 

10 the National Guard or of a Reserve Component of 

11 the Armed Forces, and whether the individual has a 

12 service-connected disability. 

13 (2) The opinion of the individual regarding par14 ticipation in the transition assistance program under 

15 section 1144 of title 10, United States Code, and 

16 the effectiveness of the program, including instruc17 tion on the use of the benefits under laws adminis18 tered by the Secretary of Veterans Affairs. 

19 (3) The resources the individual used to help 

20 the individual— 

21 (A) decide to use the individual’s entitle22 ment to educational assistance to enroll in a 

23 program of education or training; and 

24 (B) choose the program of education or 

25 training the individual pursued. 


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1 (4) The individual’s goal when the individual 

2 enrolled in the program of education or training. 

3 (5) The nature of the individual’s experience 

4 with the education benefits processing system of the 

5 Department of Veterans Affairs. 

6 (6) The nature of the individual’s experience 

7 with the school certifying official of the educational 

8 institution where the individual pursued the program 

9 of education or training who processed the individ10 ual’s claim. 

11 (7) Any services or benefits the educational in12 stitution or program of education or training pro13 vided to veterans while the individual pursued the 

14 program of education or training. 

15 (8) The type of educational institution at which 

16 the individual pursued the program of education or 

17 training. 

18 (9) Whether the individual completed the pro19 gram of education or training or the number of cred20 it hours completed by the individual as of the time 

21 of the survey, and, if applicable, any degree or cer22 tificate obtained by the individual for completing the 

23 program. 

24 (10) The employment status of the individual 

25 and whether such employment status differs from 


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1 the employment status of the individual prior to en2 rolling in the program of education or training. 

3 (11) Whether the individual is or was enrolled 

4 in a program of education on a full-time or part5 time basis. 

6 (12) The opinion of the individual on the effec7 tiveness of the educational assistance program of the 

8 Department of Veterans Affairs under which the in9 dividual was entitled to educational assistance. 

10 (13) Whether the individual was ever entitled to 

11 a rehabilitation under chapter 31 of title 38, United 

12 States Code, and whether the individual participated 

13 in such a program. 

14 (14) A description of any circumstances that 

15 prevented the individual from using the individual’s 

16 entitlement to educational assistance to pursue a de17 sired career path or degree. 

18 (15) Whether the individual is using the indi19 vidual’s entitlement to educational assistance to pur20 sue a program of education or training or has trans21 ferred such an entitlement to a dependent. 

22 (16) Such other matters as the Secretary deter23 mines appropriate. 

24 (c) REPORT.—Not later than 90 days after receiving 

25 the results of the survey required under this section, the 


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1 Secretary shall submit to the Committees on Veterans’ Af2 fairs of the Senate and House of Representatives a report 

3 on the results of the survey and any recommendations of 

4 the Secretary relating to such results. Such report shall 

5 also include an unedited version of the results of the sur6 vey submitted by the non-government entity that con7 ducted the study. 

8 SEC. 407. IMPROVEMENT OF INFORMATION TECHNOLOGY 

9 OF THE VETERANS BENEFITS ADMINISTRA10 TION OF THE DEPARTMENT OF VETERANS 

11 AFFAIRS. 

12 (a) PROCESSING OF CERTAIN EDUCATIONAL ASSIST13 ANCE CLAIMS.—The Secretary of Veterans Affairs shall, 

14 to the maximum extent possible, make such changes and 

15 improvements to the information technology system of the 

16 Veterans Benefits Administration of the Department of 

17 Veterans Affairs to ensure that— 

18 (1) to the maximum extent possible, all original 

19 and supplemental claims for educational assistance 

20 under chapter 33 of title 38, United States Code, 

21 are adjudicated electronically; and 

22 (2) rules-based processing is used to make deci23 sions with respect to such claims with little human 

24 intervention. 


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1 (b) IMPLEMENTATION PLAN.—Not later than 180 

2 days after the date of the enactment of this Act, the Sec3 retary of Veterans Affairs shall submit to Congress a plan 

4 to implement the changes and improvements described in 

5 subsection (a). 

6 (c) REPORT.—Not later than one year after the date 

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

8 Affairs shall submit to Congress a report on the implemen9 tation of the changes and improvements described in sub10 section (a). 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to the Secretary of Veterans 

13 Affairs $30,000,000 to carry out this section during fiscal 

14 years 2016 and 2017. 

15 SEC. 408. TECHNICAL AMENDMENT RELATING TO IN-STATE 

16 TUITION RATE FOR INDIVIDUALS TO WHOM 

17 ENTITLEMENT IS TRANSFERRED UNDER ALL18 VOLUNTEER FORCE EDUCATIONAL ASSIST19 ANCE PROGRAM AND POST-9/11 EDU20 CATIONAL ASSISTANCE. 

21 (a) TECHNICAL AMENDMENT.—Section 

22 3679(c)(2)(B) of title 38, United States Code, is amended 

23 by striking ‘‘or 3319 of this title’’ and all that follows and 

24 inserting ‘‘of this title or to whom educational assistance 

25 is transferred under section 3319 of this title.’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall apply with respect to a course, semester, 

3 or term that begins after July 1, 2016. 

4 TITLE V—OTHER MATTERS 

5 SEC. 501. AMOUNT OF LOAN GUARANTEED UNDER HOME 

6 LOAN PROGRAM OF DEPARTMENT OF VET7 ERANS AFFAIRS. 

8 (a) ADJUSTMENT OF LOAN LIMIT.—Section 

9 3703(a)(1) of title 38, United States Code, is amended— 

10 (1) in subparagraph (A)(i)(IV)— 

11 (A) by striking ‘‘the lesser of’’; and 

12 (B) by striking ‘‘or 25 percent of the 

13 loan’’; and 

14 (2) in subparagraph (C), by striking ‘‘Freddie 

15 Mac’’ and all that follows through the period at the 

16 end and inserting ‘‘amount of the loan.’’. 

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

18 this section shall apply with respect to a loan guaranteed 

19 under section 3710 of title 38, United States Code, on 

20 or after the date that is 30 days after the date of the 

21 enactment of this Act. 


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1 SEC. 502. LONGITUDINAL STUDY OF JOB COUNSELING, 

2 TRAINING, AND PLACEMENT SERVICE FOR 

3 VETERANS. 

4 (a) IN GENERAL.—Chapter 41 of title 38, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 4115. Longitudinal study of job counseling, train8 ing, and placement service for veterans 

9 ‘‘(a) STUDY REQUIRED.—(1) The Secretary shall 

10 enter into a contract with a non-government entity to con11 duct a longitudinal study of a statistically valid sample 

12 of each of the groups of individuals described in paragraph 

13 (2). The contract shall provide for the study of each such 

14 group over a period of at least five years. 

15 ‘‘(2) The groups of individuals described in this para16 graph are the following: 

17 ‘‘(A) Veterans who have received intensive serv18 ices. 

19 ‘‘(B) Veterans who did not receive intensive 

20 services but who otherwise received services under 

21 this chapter. 

22 ‘‘(C) Veterans who did not seek or receive serv23 ices under this chapter. 

24 ‘‘(3) The study required by this subsection shall in25 clude the collection of the following information for each 

26 individual who participates in the study: 


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1 ‘‘(A) The average number of months such indi2 vidual served on active duty. 

3 ‘‘(B) The distribution of disability ratings of 

4 such individual. 

5 ‘‘(C) Any unemployment benefits received by 

6 such individual. 

7 ‘‘(D) The average number of months such indi8 vidual was employed during the year covered by the 

9 report. 

10 ‘‘(E) The average annual starting and ending 

11 salaries of any such individual who was employed 

12 during the year covered by the report. 

13 ‘‘(F) The average annual income of such indi14 vidual. 

15 ‘‘(G) The average total household income of 

16 such individual for the year covered by the report. 

17 ‘‘(H) The percentage of such individuals who 

18 own their principal residences. 

19 ‘‘(I) The employment status of such individual. 

20 ‘‘(J) In the case of such an individual who re21 ceived services under this chapter, whether the indi22 vidual believes that any service provided by a dis23 abled veterans’ outreach specialist or local veterans’ 

24 employment representative helped the individual to 

25 become employed. 


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1 ‘‘(K) In the case of such an individual who be2 lieves such a service helped the individual to become 

3 employed, whether— 

4 ‘‘(i) the individual retained the position of 

5 employment for a period of one year or longer; 

6 and 

7 ‘‘(ii) the individual believes such a service 

8 helped the individual to secure a higher wage or 

9 salary. 

10 ‘‘(L) The conditions under which such indi11 vidual was discharged or released from the Armed 

12 Forces. 

13 ‘‘(M) Whether such individual has used any 

14 educational assistance to which the individual is en15 titled under this title. 

16 ‘‘(N) Whether such individual has participated 

17 in a rehabilitation program under chapter 31 of this 

18 title. 

19 ‘‘(O) Demographic information about such indi20 vidual. 

21 ‘‘(P) Such other information as the Secretary 

22 determines appropriate. 

23 ‘‘(b) ANNUAL REPORTS.—(1) By not later than July 

24 1 of each year covered by the study required under sub25 section (a), the Secretary shall submit to the Committees 


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1 on Veterans’ Affairs of the Senate and House of Rep2 resentatives a report on the outcomes of the study during 

3 the preceding year. 

4 ‘‘(2) The Secretary shall include in each annual re5 port submitted under paragraph (1) any information the 

6 Secretary determines is necessary to determine the long7 term outcomes of the individuals in the groups described 

8 in subsection (a)(2).’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by adding 

11 at the end the following new item: 

‘‘4115. Longitudinal study of job counseling, training, and placement service for 

veterans.’’. 

12 SEC. 503. LIMITATIONS ON SUBCONTRACTS UNDER CON13 TRACTS WITH SMALL BUSINESS CONCERNS 

14 OWNED AND CONTROLLED BY VETERANS. 

15 (a) IN GENERAL.—Section 8127 of title 38, United 

16 States Code, is amended— 

17 (1) by redesignating subsection (l) as subsection 

18 (m); and 

19 (2) by inserting after subsection (k) the fol20 lowing new subsection (l): 

21 ‘‘(l) LIMITATIONS ON SUBCONTRACTING.—(1)(A) 

22 The requirements applicable to a covered small business 

23 concern under section 46 of the Small Business Act (15 

24 U.S.C. 657s) shall apply with respect to a small business 


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1 concern owned and controlled by a veteran with a service2 connected disability or a small business concern owned 

3 and controlled by a veteran that is awarded a contract 

4 that is counted for purposes of meeting the goals under 

5 subsection (a). 

6 ‘‘(B) For purposes of applying the requirements of 

7 section 46 of the Small Business Act (15 U.S.C. 657s) 

8 pursuant to subparagraph (A), the term ‘similarly situated 

9 entity’ used in such section 46 includes a subcontractor 

10 for a small business concern owned and controlled by a 

11 veteran with a service-connected disability or a small busi12 ness concern owned and controlled by a veteran described 

13 in such subparagraph (A). 

14 ‘‘(2) Before awarding a contract that is counted for 

15 purposes of meeting the goals under subsection (a), the 

16 Secretary shall obtain from an offeror a certification that 

17 the offeror will comply with the requirements described in 

18 paragraph (1)(A) if awarded the contract. Such certifi19 cation shall— 

20 ‘‘(A) specify the exact performance require21 ments applicable under such paragraph; and 

22 ‘‘(B) explicitly acknowledge that the certifi23 cation is subject to section 1001 of title 18. 

24 ‘‘(3) If the Secretary determines that a small busi25 ness concern that is awarded a contract that is counted 


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1 for purposes of meeting the goals under subsection (a) did 

2 not act in good faith with respect to the requirements de3 scribed in paragraph (1)(A), the small business concern 

4 shall be subject to the penalties specified in— 

5 ‘‘(A) section 16(g)(1) of the Small Business Act 

6 (15 U.S.C. 645(g)(1)); and 

7 ‘‘(B) section 1001 of title 18. 

8 ‘‘(4)(A) The Director of Small and Disadvantaged 

9 Business Utilization for the Department, established pur10 suant to section 15(k) of the Small Business Act (15 

11 U.S.C. 644(k)), and the Chief Acquisition Officer of the 

12 Department, established pursuant to section 1702 of title 

13 41, shall jointly implement a process using the systems 

14 described in section 16(g)(2) of the Small Business Act 

15 (15 U.S.C. 645(g)(2)), or any other systems available, to 

16 monitor compliance with this subsection. The Chief Acqui17 sition Officer shall refer any violations of this subsection 

18 to the Inspector General of the Department. 

19 ‘‘(B) Not later than November 30 of each year, the 

20 Inspector General shall submit to the Committees on Vet21 erans’ Affairs of the Senate and House of Representatives 

22 a report for the fiscal year preceding the fiscal year during 

23 which the report is submitted that includes, for the fiscal 

24 year covered by the report— 


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1 ‘‘(i) the number of referred violations received 

2 under subparagraph (A); and 

3 ‘‘(ii) the disposition of such referred violations, 

4 including the number of small business concerns sus5 pended or debarred from Federal contracting or re6 ferred to the Attorney General for prosecution.’’. 

7 (b) EFFECTIVE DATE.—Subsection (l) of section 

8 8127 of title 38, United States Code, as added by sub9 section (a) shall apply with respect to a contract entered 

10 into after the date of the enactment of this Act. 

11 SEC. 504. PROCEDURES FOR PROVISION OF CERTAIN IN12 FORMATION TO STATE VETERANS AGENCIES 

13 TO FACILITATE THE FURNISHING OF ASSIST14 ANCE AND BENEFITS TO VETERANS. 

15 (a) PROCEDURES REQUIRED.—The Secretary of Vet16 erans Affairs shall develop procedures to share the infor17 mation described in subsection (b) regarding veterans with 

18 State veterans agencies in electronic data format as a 

19 means of facilitating the furnishing of assistance and ben20 efits to veterans. 

21 (b) COVERED INFORMATION.—The information 

22 shared with State veterans agencies under subsection (a) 

23 regarding a veteran shall include the following: 

24 (1) Military service and separation data. 

25 (2) A personal email address. 


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HR 3016 RFS 

1 (3) A personal telephone number. 

2 (4) A mailing address. 

3 (c) OPT-OUT ELECTION.—A veteran may elect to 

4 prevent their information from being shared with State 

5 veterans agencies under subsection (a) pursuant to a proc6 ess that the Secretary shall establish for purposes of this 

7 subsection. 

8 (d) USE OF INFORMATION.—The Secretary shall en9 sure that the information shared with State veterans agen10 cies in accordance with the procedures developed under 

11 subsection (a) is only shared by such agencies with county 

12 government veterans service offices for such purposes as 

13 the Secretary shall specify for the administration and de14 livery of assistance and benefits. 

Passed the House of Representatives February 9, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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