IB 

Union Calendar No. 274 

114TH CONGRESS 

1ST SESSION H. R. 3016 

[Report No. 114–358] 

To amend title 38, United States Code, to clarify the role of podiatrists 

in the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2015 

Mr. WENSTRUP (for himself, Mr. BENISHEK, Mr. ROE of Tennessee, Mr. 

ABRAHAM, Mr. RUIZ, and Ms. BROWNLEY of California) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

DECEMBER 1, 2015 

Additional sponsors: Mr. WILSON of South Carolina, Mr. COSTELLO of Pennsylvania, Mrs. RADEWAGEN, Mr. COFFMAN, Mr. SCHIFF, Mrs. NAPOLITANO, Mr. SMITH of Texas, Mr. BLUMENAUER, Mr. YOUNG of Iowa, and 

Mr. ISRAEL

DECEMBER 1, 2015 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 9, 2015] 


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A BILL 

To amend title 38, United States Code, to clarify the role 

of podiatrists in the Department of Veterans Affairs. 


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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 ‘‘Vet5 erans Employment, Education, and Healthcare Improve6 ment 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. 

Sec. 203. Transfer of Department of Labor veterans programs to Department of 

Veterans Affairs. 

Sec. 204. Deputy Under Secretary of Veterans Affairs for Veterans’ Employment, 

Training, and Transition. 

Sec. 205. Additional technical and conforming amendments. 

Sec. 206. Use of Federal directory of new hires. 

TITLE III—EDUCATION ASSISTANCE AND VOCATIONAL 

REHABILITATION 

Sec. 301. Modification and improvement of transfer of unused education benefits 

to family members under Department of Veterans Affairs Post9/11 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. 


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

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

programs of education. 

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

post-9/11 educational assistance. 

Sec. 308. Work-study allowance. 

Sec. 309. Vocational rehabilitation and education action plan. 

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

claims processing. 

TITLE IV—ADMINISTRATION OF EDUCATIONAL ASSISTANCE 

Sec. 401. Centralized reporting of veteran enrollment by certain groups, districts, 

and consortiums of educational institutions. 

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

assistance. 

Sec. 403. Role of State approving agencies. 

Sec. 404. Criteria used to approve courses. 

Sec. 405. Compliance surveys. 

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

under the educational assistance programs administered by the 

Secretary of Veterans Affairs. 

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

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

to whom entitlement is transferred under All-Volunteer Force 

Educational Assistance Program and Post-9/11 Educational Assistance. 

TITLE V—OTHER MATTERS 

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

of Veterans Affairs. 

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

for veterans. 

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

Sec. 504. Procedures for provision of certain information to State veterans agencies to facilitate the furnishing of assistance and benefits to veterans. 

1 TITLE I—VETERANS HEALTH 

2 CARE 

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

5 (a) INCLUSION AS PHYSICIAN.— 


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

2 title 38, United States Code, is amended by adding 

3 at the end the following new section: 

4 ‘‘§ 7413. Treatment of podiatrists 

5 ‘‘For purposes of this chapter, the term ‘physician’ in6 cludes a podiatrist.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended by 

9 inserting after the item relating to section 7412 the 

10 following new item: 

‘‘7413. Treatment of podiatrists.’’. 

11 (3) CONFORMING AMENDMENT.—Section 7401(1) 

12 of such title is amended by striking ‘‘Physicians, den13 tists, podiatrists,’’ and inserting ‘‘Physicians, den14 tists,’’. 

15 (b) QUALIFICATIONS.—Section 7402(b) of such title is 

16 amended— 

17 (1) in paragraph (1)— 

18 (A) in subparagraph (A), by striking ‘‘or of 

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

20 osteopathy, or doctor of podiatric medicine’’; and 

21 (B) in subparagraph (C), by inserting ‘‘po22 diatry,’’ after ‘‘surgery,’’; 

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

24 (3) by redesignating paragraphs (6) through (14) 

25 as paragraphs (5) through (13), respectively. 


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

2 such title is amended— 

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

4 (2) by redesignating subparagraphs (D) through 

5 (H) as subparagraphs (C) through (G), respectively. 

6 (d) MODIFICATION OF PAY GRADE.— 

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

8 title is amended by striking ‘‘CLINICAL PODIA9 TRIST, CHIROPRACTOR, AND OPTOMETRIST 

10 SCHEDULE’’ and inserting ‘‘CLINICAL CHIRO11 PRACTOR AND OPTOMETRIST SCHEDULE’’. 

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 beginning 

15 on or after the date that is 30 days after the date of 

16 the enactment of this Act. 

17 (e) CONTRACTS FOR SCARCE SERVICES.—Section 

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

19 (f) PERSONNEL ADMINISTRATION.—Section 7421(b) of 

20 such title is amended— 

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

22 (2) by redesignating paragraphs (4) through (8) 

23 as paragraphs (3) through (7), respectively. 


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

2 title is amended by inserting ‘‘, doctor of podiatric medi3 cine,’’ after ‘‘doctor of medicine’’. 

4 (h) APPLICATION.—The amendments made by this sec5 tion shall apply with respect to podiatrists employed by the 

6 Department of Veterans Affairs as of the date of the enact7 ment of this Act or who are appointed on or after such date. 

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

9 HEALTH CARE SYSTEM OF DEPARTMENT OF 

10 VETERANS AFFAIRS. 

11 (a) ENROLLMENT PRIORITY.—Section 1705(a) of title 

12 38, United States Code, is amended— 

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

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

15 who were awarded the medal of honor under section 

16 3741, 6241, or 8741 of title 10 or section 491 of title 

17 14.’’; and 

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

19 were awarded the medal of honor under section 3741, 

20 6241, or 8741 of title 10 or section 491 of title 14,’’. 

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

22 is amended by inserting after ‘‘war’’ the following: ‘‘, who 

23 was awarded the medal of honor under section 3741, 6241, 

24 or 8741 of title 10 or section 491 of title 14,’’. 


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1 (c) EXTENDED CARE SERVICES.—Section 1710B(c)(2) 

2 of such title is amended— 

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

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

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

6 (3) by adding at the end the following new sub7 paragraph: 

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

9 of honor under section 3741, 6241, or 8741 of title 10 

10 or section 491 of title 14.’’. 

11 (d) COPAYMENT FOR MEDICATIONS.—Section 

12 1722A(a)(3) of such title is amended— 

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

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

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

16 (3) by adding at the end the following new sub17 paragraph: 

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

19 of honor under section 3741, 6241, or 8741 of title 10 

20 or section 491 of title 14.’’. 

21 (e) APPLICATION.—The priority of enrollment of medal 

22 of honor recipients pursuant to chapter 17 of title 38, 

23 United States Code, as amended by this section, shall apply 

24 to each such recipient, regardless of the date on which the 

25 medal is awarded. 


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1 SEC. 103. IMPROVEMENT OF CARE PROVIDED TO NEWBORN 

2 CHILDREN. 

3 Section 1786 of title 38, United States Code, is amend4 ed— 

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

6 and inserting ‘‘42 days’’; and 

7 (2) by adding at the end the following new sub8 section: 

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

10 2016, and each year thereafter through 2020, the Secretary 

11 shall submit to the Committees on Veterans’ Affairs of the 

12 House of Representatives and the Senate a report on the 

13 health care services provided under subsection (a) during 

14 the fiscal year preceding the date of the report, including 

15 the number of newborn children who received such services 

16 during such fiscal year.’’. 

17 SEC. 104. COMPTROLLER GENERAL AUDIT OF BUDGET OF 

18 VETERANS HEALTH ADMINISTRATION. 

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

20 38, United States Code, is amended by adding at the end 

21 the following new section: 

22 ‘‘§ 7330B. Comptroller General audit of VHA budget 

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

24 United States shall periodically conduct an audit of ele25 ments of the budget of the Veterans Health Administration, 


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1 including the budget formulation, execution, allocation, and 

2 use of funds. 

3 ‘‘(b) SELECTION OF ELEMENTS.—(1) In selecting ele4 ments of the budget of the Veterans Health Administration 

5 for purposes of an audit under subsection (a), the Comp6 troller General shall take into consideration— 

7 ‘‘(A) knowledge of the programs of the Veterans 

8 Health Administration; 

9 ‘‘(B) current issues; 

10 ‘‘(C) national priorities; and 

11 ‘‘(D) priorities expressed by the appropriate con12 gressional committees. 

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

14 under subsection (a), the Comptroller General shall submit 

15 to the appropriate congressional committees notice of the 

16 elements selected by the Comptroller General for purposes 

17 of the audit. 

18 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

19 In this section, the term ‘appropriate congressional commit20 tees’ means— 

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

22 Committee on Appropriations, and the Committee on 

23 the Budget of the Senate; and 


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

2 Committee on Appropriations, and the Committee on 

3 the Budget of the House of Representatives.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections at 

5 the beginning of such chapter is amended by inserting after 

6 the item relating to section 7330A the following new item: 

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

7 SEC. 105. OUTREACH TO VETERANS REGARDING EFFECT OF 

8 CERTAIN DELAYED PAYMENTS BY DEPART9 MENT OF VETERANS AFFAIRS CHIEF BUSI10 NESS OFFICE. 

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

12 shall conduct outreach, including through national and 

13 local veterans service organizations, to inform veterans of 

14 how to resolve credit issues caused by delayed payment of 

15 a claim for emergency hospital care, medical services, or 

16 other emergency health care furnished through a non-De17 partment of Veterans Affairs provider. The Secretary shall 

18 establish a toll-free telephone number for veterans to report 

19 such credit issues to the Chief Business Office of the Depart20 ment of Veterans Affairs. 

21 (b) ANNUAL REPORT.— 

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

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

24 Secretary of Veterans Affairs shall annually submit to 

25 Congress a report on the effectiveness of the Chief 


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1 Business Office in providing timely payment of prop2 er invoices for emergency hospital care, medical serv3 ices, or other emergency health care furnished through 

4 non-Department of Veterans Affairs providers by the 

5 required payment date during both the five-year pe6 riod preceding the date of the report and the one-year 

7 period preceding such date. For any part of the pe8 riod covered by a report under this subsection that oc9 curred before October 1, 2014, the report shall evalu10 ate the provision of such payments by the Veterans 

11 Integrated Service Networks. 

12 (2) MATTERS INCLUDED.—The reports under 

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

14 by the report, the following: 

15 (A) The number of veterans who contacted 

16 the Secretary regarding a delayed payment that 

17 negatively affected, or will potentially negatively 

18 affect, the credit of the veteran. 

19 (B) The total amount of interest penalties 

20 paid by the Secretary of Veterans Affairs under 

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

22 reason of a delayed payment. 

23 (C) The number of proper invoices sub24 mitted, listed in a table for each quarter and fis25 cal year of each such period that includes— 


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1 (i) the total amount owed by the Sec2 retary under the proper invoices; 

3 (ii) the payment status of each proper 

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

5 (iii) the period that elapsed until each 

6 proper invoice was paid, including an ex7 planation of any delayed payment. 

8 (D) Any comments regarding delayed pay9 ments made by medical providers. 

10 (E) A description of the best practices that 

11 the Chief Business Office can carry out to pro12 vide timely payment of a proper invoice, includ13 ing a plan to improve such timely payments. 

14 (c) QUARTERLY REPORTS ON PENDING CLAIMS.— 

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

16 enactment of this Act, the Chief Business Office of the De17 partment of Veterans Affairs shall submit to Congress quar18 terly reports on the number of pending claims for reim19 bursement for emergency hospital care, medical services, 

20 and other emergency health care furnished through non-De21 partment of Veterans Affairs providers. Each such report 

22 shall include each of the following: 

23 (1) The total number of such pending claims for 

24 each hospital system of the Department, as of the last 

25 day of the quarter covered by the report. 


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1 (2) The total number of veterans who submitted 

2 such a pending claim in each State, as of such day. 

3 (3) The aggregate amount of all such pending 

4 claims in each State, as of such day. 

5 (4) As of such day— 

6 (A) the number of such pending claims that 

7 have been pending for 30 days or longer; 

8 (B) the number of such pending claims that 

9 have been pending for 90 days or longer; and 

10 (C) the number of such pending claims that 

11 have been pending for 365 days or longer. 

12 (5) For each hospital system, for the quarter cov13 ered by the report— 

14 (A) the number of claims for reimbursement 

15 for emergency hospital care, medical services, 

16 and other emergency health care furnished 

17 through non-Department of Veterans Affairs pro18 viders approved during such quarter; 

19 (B) the number of such claims denied dur20 ing such quarter; and 

21 (C) the number of such claims denied listed 

22 by each denial reason group. 

23 (d) COMPTROLLER GENERAL STUDY.— 

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

25 the United States shall conduct a study that evaluates 


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1 the effectiveness of the Chief Business Office in pro2 viding timely payment of a proper invoice for emer3 gency hospital care, medical services, or other emer4 gency health care furnished through non-Department 

5 of Veterans Affairs providers by the required payment 

6 date. 

7 (2) SUBMITTAL.—The Comptroller General shall 

8 submit to Congress a report on the study conducted 

9 under paragraph (1), including the total amount of 

10 interest penalties paid by the Secretary of Veterans 

11 Affairs under section 3902 of title 31, United States 

12 Code, by reason of a delayed payment. 

13 (e) DEFINITIONS.—In this section: 

14 (1) The term ‘‘delayed payment’’ means a proper 

15 invoice that is not paid by the Secretary of Veterans 

16 Affairs until after the required payment date. 

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

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

19 States Code. 

20 (3) The term ‘‘required payment date’’ means the 

21 date that payment is due for a contract pursuant to 

22 section 3903(a) of title 31, United States Code. 


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1 SEC. 106. DEPARTMENT OF VETERANS AFFAIRS PILOT PRO2 GRAM ON DOG TRAINING THERAPY. 

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

4 days after the date of the enactment of the Act, the Secretary 

5 of Veterans Affairs shall carry out a pilot program under 

6 which the Secretary shall enter into a contract with one 

7 or more appropriate non-government entities for the pur8 pose of assessing the effectiveness of addressing post-deploy9 ment mental health and post-traumatic stress disorder 

10 symptoms through a therapeutic medium of training service 

11 dogs for veterans with disabilities. 

12 (b) DURATION OF PILOT PROGRAM.—The pilot pro13 gram required by subsection (a) shall be carried out during 

14 the five-year period beginning on the date of the commence15 ment of the pilot program. 

16 (c) LOCATIONS OF PILOT PROGRAM.—In entering into 

17 contracts for purposes of the pilot program, the Secretary 

18 shall seek to enter into contracts with appropriate non-gov19 ernment entities located in close proximity to at least three 

20 but not more than five medical centers of the Department. 

21 (d) APPROPRIATE NON-GOVERNMENT ENTITIES.—For 

22 purposes of the pilot program, an appropriate non-govern23 ment entity is an entity that is certified in the training 

24 and handling of service dogs and that has a training area 

25 that would be appropriate for use in educating veterans 


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1 with mental health conditions in the art and science of serv2 ice dog training and handling. Such training area shall— 

3 (1) include a dedicated space that is suitable for 

4 grooming and training dogs indoors; 

5 (2) be wheelchair accessible; 

6 (3) include classroom or lecture space; 

7 (4) include office space for staff; 

8 (5) include a suitable space for storing training 

9 equipment; 

10 (6) provide for periodic use of other training 

11 areas for training the dogs with wheelchairs and con12 ducting other exercises; 

13 (7) include outdoor exercise and toileting space 

14 for dogs; and 

15 (8) provide transportation for weekly field trips 

16 to train dogs in other environments. 

17 (e) DESIGN OF PILOT PROGRAM.—Each contract en18 tered into under subsection (a) shall provide that the non19 government entity shall— 

20 (1) ensure that veterans participating in the 

21 program receive training from certified service dog 

22 training instructors; 

23 (2) ensure that in selecting assistance dogs for 

24 use in the program, dogs residing in animal shelters 

25 or foster homes are looked at as an option, if approVerDate Sep 11 2014 19:12 Dec 01, 2015 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H3016.RH H3016

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1 priate, and ensure that all dogs used in the program 

2 have adequate temperament and health clearances; 

3 (3) ensure that each service dog in training par4 ticipating in the pilot program is taught all essential 

5 commands pertaining to service dog skills; 

6 (4) ensure that each service dog in training lives 

7 at the pilot program site or a volunteer foster home 

8 in the vicinity of such site while receiving training; 

9 (5) ensure that the pilot program involves both 

10 lecture of service dog training methodologies and 

11 practical hands-on training and grooming of service 

12 dogs; and 

13 (6) ensure that the pilot program is designed 

14 to— 

15 (A) maximize the therapeutic benefits to 

16 veterans participating in the program; and 

17 (B) provide well-trained service dogs to vet18 erans with disabilities; and 

19 (7) in hiring service dog training instructors to 

20 carry out training under the pilot program, give a 

21 preference to veterans who have successfully graduated 

22 from post-traumatic stress disorder or other residen23 tial treatment programs and who have received ade24 quate certification in service dog training. 


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

2 program under section (a), the Secretary of Veterans Affairs 

3 shall— 

4 (1) administer the program through the Recre5 ation Therapy Service of the Department of Veterans 

6 Affairs under the direction of a certified recreational 

7 therapist with sufficient administrative experience to 

8 oversee the pilot program; and 

9 (2) establish a director of service dog training 

10 with a background working in social services, experi11 ence in teaching others to train service dogs in a vo12 cational setting, and at least one year of experience 

13 working with veterans or active duty service members 

14 with post-traumatic stress disorder in a clinical set15 ting. 

16 (g) VETERAN ELIGIBILITY.—The Secretary shall select 

17 veterans for participation in the pilot program. A veteran 

18 with post-traumatic stress disorder or other post-deploy19 ment mental health condition may volunteer to participate 

20 in the pilot program, if the Secretary determines that there 

21 are adequate program resources available for such veteran 

22 at the pilot program site. Veterans may participate in the 

23 pilot program in conjunction with the compensated work 

24 therapy program of the Department of Veterans Affairs. 


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1 (h) COLLECTION OF DATA.—The Secretary shall collect 

2 data on the pilot program required under subsection (a) 

3 to determine how effective the program is for the veterans 

4 participating in the program. Such data shall include data 

5 to determine how effectively the program assists veterans 

6 in— 

7 (1) reducing stigma associated with post-trau8 matic stress disorder or other post-deployment mental 

9 health condition; 

10 (2) improving emotional regulation; 

11 (3) improving patience; 

12 (4) instilling or re-establishing a sense of pur13 pose; 

14 (5) providing an opportunity to help fellow vet15 erans; 

16 (6) reintegrating into the community; 

17 (7) exposing the dog to new environments and in 

18 doing so, helping the veteran reduce social isolation 

19 and withdrawal; 

20 (8) building relationship skills, including par21 enting skills; 

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

23 (10) improving sleep patterns; and 

24 (11) enabling veterans to decrease the use of pain 

25 medication. 


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

2 after the date of the commencement of the pilot program 

3 under subsection (a), and each year thereafter for the dura4 tion of the pilot program, the Secretary shall submit to Con5 gress a report on the pilot program. Each such report shall 

6 include— 

7 (1) the number of veterans participating in the 

8 pilot program; 

9 (2) a description of the services carried out 

10 under the pilot program; 

11 (3) the effects that participating in the pilot pro12 gram has on the following— 

13 (A) symptoms of post-traumatic stress dis14 order and post-deployment adjustment difficul15 ties, including depression, maintenance of sobri16 ety, suicidal ideations, and homelessness; 

17 (B) potentially relevant physiological mark18 ers that possibly relate to the interactions with 

19 the service dogs; 

20 (C) family dynamics; 

21 (D) insomnia and pain management; and 

22 (E) overall well-being; and 

23 (4) the recommendations of the Secretary with 

24 respect to the extension or expansion of the pilot pro25 gram. 


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

2 term ‘‘service dog training instructor’’ means an instructor 

3 who provides the direct training of veterans with post-trau4 matic stress disorder and other post-deployment issues in 

5 the art and science of service dog training and handling. 

6 TITLE II—VETERANS ECONOMIC 

7 OPPORTUNITY AND TRANSI8 TION ADMINISTRATION 

9 SEC. 201. ESTABLISHMENT OF VETERANS ECONOMIC OP10 PORTUNITY AND TRANSITION ADMINISTRA11 TION. 

12 (a) VETERANS ECONOMIC OPPORTUNITY AND TRANSI13 TION ADMINISTRATION.— 

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

15 States Code, is amended by adding at the end the fol16 lowing new chapter: 

17 ‘‘CHAPTER 80—VETERANS ECONOMIC OP18 PORTUNITY AND TRANSITION ADMIN19 ISTRATION 

‘‘Sec. 

‘‘8001. Organization of Administration. 

‘‘8002. Functions of Administration. 

20 ‘‘§ 8001. Organization of Administration 

21 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND TRAN22 SITION ADMINISTRATION.—There is in the Department of 

23 Veterans Affairs a Veterans Economic Opportunity and 

24 Transition Administration. The primary function of the 


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1 Veterans Economic Opportunity and Transition Adminis2 tration is the administration of the programs of the Depart3 ment that provide assistance related to economic oppor4 tunity to veterans and their dependents and survivors. 

5 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR6 TUNITY AND TRANSITION.—The Veterans Economic Oppor7 tunity and Transition Administration is under the Under 

8 Secretary for Veterans Economic Opportunity and Transi9 tion, who is directly responsible to the Secretary for the op10 erations of the Administration. 

11 ‘‘(c) DEPUTY UNDER SECRETARIES.—The Veterans 

12 Economic Opportunity and Transition Administration 

13 shall have two Deputy Under Secretaries as follows: 

14 ‘‘(1) The Deputy Under Secretary for Readjust15 ment, who shall be the principal assistant of the 

16 Under Secretary for Veterans Economic Opportunity 

17 and Transition with respect to the programs specified 

18 in paragraphs (1) through (4) of section 8002 of this 

19 title. 

20 ‘‘(2) The Deputy Under Secretary for Employ21 ment, Training, and Transition, who shall be the 

22 principal assistant of the Under Secretary for Vet23 erans Economic Opportunity and Transition with re24 spect to the programs specified in paragraphs (5) 

25 through (9) of section 8002 of this title. 


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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 administra13 tion of the database of veteran-owned businesses de14 scribed in such subsection. 

15 ‘‘(5) Job counseling, training, and placement 

16 services for veterans under chapter 41 of this title. 

17 ‘‘(6) Employment and training of veterans under 

18 chapter 42 of this title. 

19 ‘‘(7) Administration of employment and employ20 ment rights of members of the uniformed services 

21 under chapter 43 of this title. 

22 ‘‘(8) Homeless veterans reintegration programs 

23 under chapter 20 of this title. 

24 ‘‘(9) The Transition Assistance Program under 

25 section 1144 of title 10. 


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1 ‘‘(10) Any other program of the Department that 

2 the Secretary determines appropriate.’’. 

3 (2) CLERICAL AMENDMENTS.—The tables of 

4 chapters at the beginning of title 38, United States 

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

6 are each amended by inserting after the item relating 

7 to chapter 79 the following new item: 

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

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

9 States Code, as added by subsection (a) shall take effect on 

10 October 1, 2016. 

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

12 and 2018, the total number of full-time equivalent employ13 ees authorized for the Veterans Benefits Administration and 

14 the Veterans Economic Opportunity and Transition Ad15 ministration, as established under chapter 80 of title 38, 

16 United States Code, as added by subsection (a), may not 

17 exceed 22,118. 

18 (d) HOMELESS VETERANS REINTEGRATION PRO19 GRAMS.—Nothing in section 8002 of title 38, United States 

20 Code, as added by subsection (a), or in any other amend21 ment made by this title, shall affect the provision of funds 

22 to grant recipients under section 2021 or 2021A of title 38, 

23 United States Code. 


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1 SEC. 202. UNDER SECRETARY FOR VETERANS ECONOMIC 

2 OPPORTUNITY AND TRANSITION. 

3 (a) UNDER SECRETARY.— 

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

5 States Code, is amended by inserting after section 306 

6 the following new section: 

7 ‘‘§ 306A. Under Secretary for Veterans Economic Op8 portunity and Transition 

9 ‘‘(a) UNDER SECRETARY.—There is in the Department 

10 an Under Secretary for Veterans Economic Opportunity 

11 and Transition, who is appointed by the President, by and 

12 with the advice and consent of the Senate. The Under Sec13 retary for Veterans Economic Opportunity and Transition 

14 shall be appointed without regard to political affiliation or 

15 activity and solely on the basis of demonstrated ability in— 

16 ‘‘(1) information technology; and 

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

18 Veterans Economic Opportunity and Transition Ad19 ministration or programs of similar content and 

20 scope. 

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

22 Veterans Economic Opportunity and Transition is the head 

23 of, and is directly responsible to the Secretary for the oper24 ations of, the Veterans Economic Opportunity and Transi25 tion Administration. 


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1 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the posi2 tion of Under Secretary for Veterans Economic Oppor3 tunity and Transition occurs or is anticipated, the Sec4 retary shall establish a commission to recommend individ5 uals to the President for appointment to the position. 

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

7 shall be composed of the following members appointed by 

8 the Secretary: 

9 ‘‘(A) Three persons representing education and 

10 training, vocational rehabilitation, employment, real 

11 estate, mortgage finance and related industries, and 

12 survivor benefits activities affected by the Veterans 

13 Economic Opportunity and Transition Administra14 tion. 

15 ‘‘(B) Two persons representing veterans served 

16 by the Veterans Economic Opportunity and Transi17 tion Administration. 

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

19 management of private sector benefits programs of 

20 similar content and scope to the economic oppor21 tunity and transition programs of the Department. 

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

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

24 Committee on Education formed under section 3692 

25 of this title. 


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

2 Under Secretary for Veterans Economic Opportunity 

3 and Transition, if the Secretary determines that it is 

4 desirable for such person to be a member of the com5 mission. 

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

7 shall recommend at least three individuals for appointment 

8 to the position of Under Secretary for Veterans Economic 

9 Opportunity and Transition. The commission shall submit 

10 all recommendations to the Secretary. The Secretary shall 

11 forward the recommendations to the President and the Com12 mittees on Veterans’ Affairs of the Senate and House of 

13 Representatives with any comments the Secretary considers 

14 appropriate. Thereafter, the President may request the com15 mission to recommend additional individuals for appoint16 ment. 

17 ‘‘(4) The Assistant Secretary or Deputy Assistant Sec18 retary of Veterans Affairs who performs personnel manage19 ment and labor relations functions shall serve as the execu20 tive secretary of a commission established under this sub21 section. 

22 ‘‘(d) QUALIFICATIONS OF RECOMMENDED INDIVID23 UALS.—Each individual recommended to the President by 

24 the commission for appointment to the position of Under 

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1 tion shall be an individual who has held a senior level posi2 tion in the private sector with responsibilities relating to 

3 at least one of the following: 

4 ‘‘(1) Education policy. 

5 ‘‘(2) Vocational rehabilitation. 

6 ‘‘(3) Employment. 

7 ‘‘(4) Job placement. 

8 ‘‘(5) Home loan finance. 

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

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended by 

12 inserting after the item relating to section 306 the fol13 lowing new item: 

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

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

15 States Code, is further amended— 

16 (1) in section 306(c)(2), by striking subpara17 graphs (A) and (E) and redesignating subparagraphs 

18 (B), (C), (D), and (F), as subparagraphs (A) through 

19 (D), respectively; 

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

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

22 Under Secretary for Veterans Economic Opportunity 

23 and Transition,’’; 

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

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


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1 Under Secretary for Veterans Economic Opportunity 

2 and Transition,’’; 

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

4 and the Under Secretary for Benefits’’ and inserting 

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

6 Under Secretary for Veterans Economic Opportunity 

7 and Transition’’; 

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

9 and the Under Secretary for Benefits’’ and inserting 

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

11 Under Secretary for Veterans Economic Opportunity 

12 and Transition’’; 

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

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

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

16 and the Under Secretary for Veterans Economic Op17 portunity and Transition’’; 

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

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

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

21 and the Under Secretary for Veterans Economic Op22 portunity and Transition’’; 

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

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


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1 Under Secretary for Veterans Economic Opportunity 

2 and Transition,’’; 

3 (9) in section 7701(a), by inserting after ‘‘assist4 ance’’ the following: ‘‘, other than assistance related to 

5 Economic Opportunity and Transition,’’; and 

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

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

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

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

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

11 amendments made by this section, shall take effect on Octo12 ber 1, 2016. 

13 SEC. 203. TRANSFER OF DEPARTMENT OF LABOR VETERANS 

14 PROGRAMS TO DEPARTMENT OF VETERANS 

15 AFFAIRS. 

16 (a) TRANSFER OF FUNCTIONS.— 

17 (1) IN GENERAL.—Effective October 1, 2016, 

18 there shall be transferred to the Secretary of Veterans 

19 Affairs all functions performed under the following 

20 programs of the Department of Labor, and all per21 sonnel, assets, and liabilities pertaining to such pro22 grams, immediately before such transfer occurs: 

23 (A) Job counseling, training, and placement 

24 services for veterans under chapter 41 of title 38, 

25 United States Code. 


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1 (B) Employment and training of veterans 

2 under chapter 42 of such title. 

3 (C) Administration of employment and em4 ployment rights of members of the uniformed 

5 services under chapter 43 of such title. 

6 (D) Homeless veterans reintegration pro7 grams under chapter 20 of such title. 

8 (2) ORGANIZATION.—The programs, and the per9 sonnel, assets, and liabilities pertaining to such pro10 grams, transferred to the Secretary under paragraph 

11 (1) shall be administered as part of the Veterans Eco12 nomic Opportunity and Transition Administration 

13 established by section 8001 of title 38, United States 

14 Code, as added by section 201. 

15 (b) BUDGET REQUEST.—Under section 1105 of title 

16 31, United States Code, the President shall include in the 

17 President’s budget request for the Department of Veterans 

18 Affairs for fiscal year 2017, and for each subsequent fiscal 

19 year, funding requested for the functions referred to in sub20 section (a)(1). 

21 (c) REFERENCES.—Any reference in any other Federal 

22 law, Executive order, rule, regulation, or delegation of au23 thority, or any document of or pertaining to a department 

24 or office from which a function is transferred by this sec25 tion— 


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1 (1) to the head of such department or office is 

2 deemed to refer to the head of the department or office 

3 to which such function is transferred; or 

4 (2) to such department or office is deemed to 

5 refer to the department or office to which such func6 tion is transferred. 

7 (d) EXERCISE OF AUTHORITIES.—Except as otherwise 

8 provided by law, a Federal official to whom a function is 

9 transferred by this section may, for purposes of performing 

10 the function, exercise all authorities under any other provi11 sion of law that were available with respect to the perform12 ance of that function to the official responsible for the per13 formance of the function immediately before the effective 

14 date of the transfer of the function under this section. 

15 (e) SAVINGS PROVISIONS.— 

16 (1) LEGAL DOCUMENTS.—All orders, determina17 tions, rules, regulations, permits, grants, loans, con18 tracts, agreements, certificates, licenses, and privi19 leges— 

20 (A) that have been issued, made, granted, or 

21 allowed to become effective by the President, the 

22 Secretary of Labor, the Secretary of Veterans Af23 fairs, any officer or employee of any office trans24 ferred by this section, or any other Government 

25 official, or by a court of competent jurisdiction, 


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1 in the performance of any function that is trans2 ferred by this section, and 

3 (B) that are in effect on the effective date of 

4 such transfer (or become effective after such date 

5 pursuant to their terms as in effect on such effec6 tive date), 

7 shall continue in effect according to their terms until 

8 modified, terminated, superseded, set aside, or revoked 

9 in accordance with law by the President, any other 

10 authorized official, a court of competent jurisdiction, 

11 or operation of law. 

12 (2) PROCEEDINGS.—This section shall not affect 

13 any proceedings or any application for any benefits, 

14 service, license, permit, certificate, or financial assist15 ance pending on the date of the enactment of this sec16 tion before an office transferred by this section, but 

17 such proceedings and applications shall be continued. 

18 Orders shall be issued in such proceedings, appeals 

19 shall be taken therefrom, and payments shall be made 

20 pursuant to such orders, as if this section had not 

21 been enacted, and orders issued in any such pro22 ceeding shall continue in effect until modified, termi23 nated, superseded, or revoked by a duly authorized of24 ficial, by a court of competent jurisdiction, or by op25 eration of law. Nothing in this subsection shall be 


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1 considered to prohibit the discontinuance or modifica2 tion of any such proceeding under the same terms and 

3 conditions and to the same extent that such pro4 ceeding could have been discontinued or modified if 

5 this section had not been enacted. 

6 (3) SUITS.—This section shall not affect suits 

7 commenced before the date of the enactment of this 

8 section, and in all such suits, proceeding shall be had, 

9 appeals taken, and judgments rendered in the same 

10 manner and with the same effect as if this section had 

11 not been enacted. 

12 (4) NONABATEMENT OF ACTIONS.—No suit, ac13 tion, or other proceeding commenced by or against the 

14 Department of Labor or the Secretary of Labor, or by 

15 or against any individual in the official capacity of 

16 such individual as an officer or employee of an office 

17 transferred by this section, shall abate by reason of 

18 the enactment of this section. 

19 (5) CONTINUANCE OF SUITS.—If any Govern20 ment officer in the official capacity of such officer is 

21 party to a suit with respect to a function of the offi22 cer, and under this section such function is trans23 ferred to any other officer or office, then such suit 

24 shall be continued with the other officer or the head 


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1 of such other office, as applicable, substituted or 

2 added as a party. 

3 (6) ADMINISTRATIVE PROCEDURE AND JUDICIAL

4 REVIEW.—Except as otherwise provided by this sec5 tion, any statutory requirements relating to notice, 

6 hearings, action upon the record, or administrative or 

7 judicial review that apply to any function transferred 

8 by this section shall apply to the exercise of such func9 tion by the head of the Federal agency, and other offi10 cers of the agency, to which such function is trans11 ferred by this section. 

12 (f) TRANSFER OF ASSETS.—Except as otherwise pro13 vided in this section, so much of the personnel, property, 

14 records, and unexpended balances of appropriations, alloca15 tions, and other funds employed, used, held, available, or 

16 to be made available in connection with a function trans17 ferred to an official or agency by this section shall be avail18 able to the official or the head of that agency, respectively, 

19 at such time or times as the Director of the Office of Man20 agement and Budget directs for use in connection with the 

21 functions transferred. 

22 (g) DELEGATION AND ASSIGNMENT.—Except as other23 wise expressly prohibited by law or otherwise provided in 

24 this section, an official to whom functions are transferred 

25 under this section (including the head of any office to which 


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1 functions are transferred under this section) may delegate 

2 any of the functions so transferred to such officers and em3 ployees of the office of the official as the official may des4 ignate, and may authorize successive redelegations of such 

5 functions as may be necessary or appropriate. No delega6 tion of functions under this section or under any other pro7 vision of this section shall relieve the official to whom a 

8 function is transferred under this section of responsibility 

9 for the administration of the function. 

10 (h) AUTHORITY OF DIRECTOR OF THE OFFICE OF

11 MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS

12 TRANSFERRED.— 

13 (1) DETERMINATIONS.—If necessary, the Direc14 tor of Management and Budget shall make any deter15 mination of the functions that are transferred under 

16 this section. 

17 (2) INCIDENTAL TRANSFERS.—The Director, at 

18 such time or times as the Director shall provide, may 

19 make such determinations as may be necessary with 

20 regard to the functions transferred by this section, 

21 and to make such additional incidental dispositions 

22 of personnel, assets, liabilities, grants, contracts, 

23 property, records, and unexpended balances of appro24 priations, authorizations, allocations, and other funds 

25 held, used, arising from, available to, or to be made 


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1 available in connection with such functions, as may 

2 be necessary to carry out the provisions of this sec3 tion. The Director shall provide for the termination 

4 of the affairs of all entities terminated by this section 

5 and for such further measures and dispositions as 

6 may be necessary to effectuate the purposes of this sec7 tion. 

8 (i) CERTAIN VESTING OF FUNCTIONS CONSIDERED

9 TRANSFERS.—For purposes of this section, the vesting of 

10 a function in a department or office pursuant to reestablish11 ment of an office shall be considered to be the transfer of 

12 the function. 

13 (j) AVAILABILITY OF EXISTING FUNDS.—Existing ap14 propriations and funds available for the performance of 

15 functions, programs, and activities terminated pursuant to 

16 this section shall remain available, for the duration of their 

17 period of availability, for necessary expenses in connection 

18 with the termination and resolution of such functions, pro19 grams, and activities. 

20 (k) MEMORANDUM OF UNDERSTANDING.—Not later 

21 than 180 days after the date of the enactment of this Act, 

22 the Secretary of Veterans Affairs and the Secretary of Labor 

23 shall— 

24 (1) enter into a memorandum of understanding 

25 to carry out this section, which shall include— 


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1 (A) a description of how the Department of 

2 Veterans Affairs will coordinate with the Em3 ployment and Training Agency at the Depart4 ment of Labor to ensure coordination and avoid 

5 duplication among activities authorized the 

6 Workforce Innovation and Opportunity Act 

7 (Public Law 113–128) and the activities referred 

8 to in subsection (a)(1)(A) through (D); and 

9 (B) a description of how the Department of 

10 Veterans Affairs will share the performance ac11 countability measures required under subsection 

12 (l)(1) with the Employment and Training Agen13 cy of the Department of Labor; and 

14 (2) jointly submit to the Committee on Veterans’ 

15 Affairs and the Committee on Education and the 

16 Workforce of the House of Representatives and the 

17 Committee on Veterans’ Affairs and the Committee on 

18 Health, Education, Labor, and Pensions of the Senate 

19 a copy of such memorandum. 

20 (l) COORDINATION WITH REQUIREMENTS UNDER

21 WIOA.— 

22 (1) PERFORMANCE ACCOUNTABILITY.—The Sec23 retary of Veterans Affairs shall establish performance 

24 accountability measures for the activities carried out 

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1 section(a)(1)(A) through (D), which shall meet or ex2 ceed the requirements of section 116(b) of the Work3 force Innovation and Opportunity Act (Public Law 

4 113–128; 29 U.S.C. 3141). 

5 (2) STATE PLANS.—The Secretary shall ensure 

6 that each State develops and submits to the Secretary 

7 a combined State plan that meets or exceeds the re8 quirements under section 103 of the Workforce Inno9 vation and Opportunity Act (Public Law 113–128; 

10 29 U.S.C. 3113) for activities authorized under chap11 ter 41 of title 38, United States Code. 

12 (m) DEFINITIONS.—For purposes of this section— 

13 (1) the term ‘‘function’’ includes any duty, obli14 gation, power, authority, responsibility, right, privi15 lege, activity, or program; and 

16 (2) the term ‘‘office’’ includes any office, admin17 istration, agency, bureau, institute, council, unit, or18 ganizational entity, or component thereof. 

19 SEC. 204. DEPUTY UNDER SECRETARY OF VETERANS AF20 FAIRS FOR VETERANS’ EMPLOYMENT, TRAIN21 ING, AND TRANSITION. 

22 (a) IN GENERAL.—Subsection (a) of section 4102A of 

23 title 38, United States Code, is amended to read as follows: 

24 ‘‘(a) DEPUTY UNDER SECRETARY FOR VETERANS’ EM25 PLOYMENT, TRAINING, AND TRANSITION.—(1) The Deputy 


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1 Under Secretary for Employment, Training, and Transi2 tion established by subsection (c)(2) of section 8001 of this 

3 title shall formulate and implement all departmental poli4 cies and procedures to carry out this chapter and the other 

5 programs described in such subsection. 

6 ‘‘(2) The employees of the Department administering 

7 chapter 43 of this title shall be administratively and func8 tionally responsible to the Deputy Under Secretary for Em9 ployment, Training, and Transition.’’. 

10 (b) CLERICAL AMENDMENTS.—Chapter 41 of title 38, 

11 United States Code, is amended as follows: 

12 (1) The section heading of section 4102A of such 

13 title is amended to read as follows: 

14 ‘‘§ 4102A. Deputy Under Secretary for Veterans’ Em15 ployment, Training, and Transition; pro16 gram functions; Regional Administra17 tors’’. 

18 (2) The item relating to such section in the table 

19 of sections at the beginning of such chapter is amend20 ed to read as follows: 

‘‘4102A. Deputy Under Secretary for Veterans’ Employment, Training, and Transition; program functions; Regional Administrators.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect on October 1, 2016. 


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1 SEC. 205. ADDITIONAL TECHNICAL AND CONFORMING 

2 AMENDMENTS. 

3 (a) CHAPTER 41.—Chapter 41 of title 38, United 

4 States Code, as amended by this title, is further amended 

5 as follows: 

6 (1) By striking ‘‘Assistant Secretary of Labor for 

7 Veterans’ Employment and Training’’ each place it 

8 appears and inserting ‘‘Deputy Under Secretary for 

9 Employment, Training, and Transition’’. 

10 (2) By striking ‘‘Department of Labor’’ each 

11 place it appears and inserting ‘‘Department’’. 

12 (3) By striking ‘‘Secretary of Labor’’ each place 

13 it appears and inserting ‘‘Secretary’’. 

14 (4) In section 4101, by striking paragraph (8). 

15 (5) In section 4102A(b)— 

16 (A) in paragraph (1), by striking ‘‘such As17 sistant Secretary’’ and inserting ‘‘such Deputy 

18 Under Secretary’’; and 

19 (B) in paragraph (3), by striking ‘‘and con20 sulting with the Secretary of Veterans Affairs’’. 

21 (6) In section 4105(b), by striking ‘‘and the Sec22 retary of Veterans Affairs’’ both places it appears. 

23 (7) By striking section 4108. 

24 (8) In the table of sections at the beginning of 

25 such chapter, by striking the item relating to section 

26 4108. 


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1 (9) In section 4110(d), by striking paragraph (1) 

2 and redesignating paragraphs (2) through (6) as 

3 paragraphs (1) through (5), respectively. 

4 (10) In section 4110A(b), by striking ‘‘Congress’’ 

5 and inserting ‘‘the Committees on Veterans’ Affairs of 

6 the Senate and House of Representatives’’. 

7 (11) In section 4114— 

8 (A) by striking ‘‘Assistant Secretary for 

9 Veterans’ Employment and Training’’ each place 

10 it appears and inserting ‘‘Deputy Under Sec11 retary for Employment, Training, and Transi12 tion’’; and 

13 (B) in paragraphs (2) and (3) of subsection 

14 (b) and in subsections (c) and (d), by striking 

15 ‘‘Assistant Secretary’’ each place it appears and 

16 inserting ‘‘Deputy Under Secretary’’. 

17 (b) CHAPTER 42.—Chapter 42 of title 38, United 

18 States Code, is amended as follows: 

19 (1) By striking ‘‘Secretary of Labor’’ each place 

20 it appears and inserting ‘‘Secretary’’. 

21 (2) By striking ‘‘Department of Labor’’ each 

22 place it appears and inserting ‘‘Department’’. 

23 (c) CHAPTER 43.—Chapter 43 of title 38, United 

24 States Code, is amended as follows: 

25 (1) In section 4303, by striking paragraph (11). 


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1 (2) In section 4317(b)(2), by striking ‘‘Secretary 

2 of Veterans Affairs’’ and inserting ‘‘Secretary’’. 

3 (3) In section 4321, by striking ‘‘(through the 

4 Veterans’ Employment and Training Service)’’. 

5 (4) In section 4332(a)(1), by striking ‘‘of Labor’’. 

6 (5) In section 4333, by striking ‘‘, the Secretary 

7 of Defense, and the Secretary of Veterans Affairs’’ and 

8 inserting ‘‘and the Secretary of Defense’’. 

9 (d) CHAPTER 20.—Chapter 20 of title 38, United 

10 States Code, is amended as follows: 

11 (1) In section 2003(a)(4), by striking ‘‘of the De12 partment of Labor’’. 

13 (2) In section 2011(g)(2), by striking ‘‘the De14 partment of Labor,’’. 

15 (3) In section 2021— 

16 (A) in subsection (b), by striking ‘‘that Sec17 retary’’ and inserting ‘‘the Secretary’’; 

18 (B) in subsection (c)— 

19 (i) by striking the subsection heading 

20 and inserting the following: 

21 ‘‘(c) ADMINISTRATION THROUGH DEPUTY UNDER

22 SECRETARY FOR VETERANS’ EMPLOYMENT, TRAINING, AND

23 TRANSITION.—’’; and 

24 (ii) by striking ‘‘Assistant Secretary of 

25 Labor for Veterans’ Employment and 


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1 Training’’ and inserting ‘‘Deputy Under 

2 Secretary for Employment, Training, and 

3 Transition’’; and 

4 (C) by striking ‘‘Secretary of Labor’’ each 

5 place it appears and inserting ‘‘Secretary’’. 

6 (4) In section 2021A— 

7 (A) in subsection (c), by striking ‘‘that Sec8 retary’’ and inserting ‘‘the Secretary’’; 

9 (B) in subsection (d)— 

10 (i) by striking the subsection heading 

11 and inserting the following: 

12 ‘‘(d) ADMINISTRATION THROUGH DEPUTY UNDER

13 SECRETARY FOR VETERANS’ EMPLOYMENT, TRAINING, AND

14 TRANSITION.—’’; and 

15 (ii) by striking ‘‘Assistant Secretary of 

16 Labor for Veterans’ Employment and 

17 Training’’ and inserting ‘‘Deputy Under 

18 Secretary for Employment, Training, and 

19 Transition’’; and 

20 (C) by striking ‘‘Secretary of Labor’’ each 

21 place it appears and inserting ‘‘Secretary’’. 

22 (5) In section 2023— 

23 (A) in subsection (a), by striking ‘‘and the 

24 Secretary of Labor (hereinafter in this section re25 ferred to as the ‘Secretaries’)’’; 


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1 (B) by striking ‘‘Secretaries’’ each place it 

2 appears and inserting ‘‘Secretary’’; and 

3 (C) in subsection (c)(4), by striking ‘‘deter4 mine’’ and inserting ‘‘determines’’. 

5 (6) In section 2065(b)(5), by striking subpara6 graph (E) and redesignating subparagraphs (F) 

7 through (H) as subparagraphs (E) through (G), re8 spectively. 

9 (7) In section 2066(a)(3), by striking subpara10 graph (A) and redesignating subparagraphs (B) 

11 through (G) as subparagraphs (A) through (F), re12 spectively. 

13 (e) OTHER PROVISIONS OF TITLE 38.—Title 38, 

14 United States Code, is further amended as follows: 

15 (1) In section 542(a)(2)(B), by striking clause 

16 (i) and redesignating clauses (ii) and (iii) as clauses 

17 (i) and (ii), respectively. 

18 (2) In section 544(a)(2)(B), by striking clause 

19 (i) and redesignating clauses (ii) through (vi) as 

20 clauses (i) through (v), respectively. 

21 (3) In section 3118(b), by striking ‘‘and the As22 sistant Secretary for Veterans’ Employment in the 

23 Department of Labor’’. 


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1 (4) In section 3119(c), by striking ‘‘the Assistant 

2 Secretary for Veterans’ Employment in the Depart3 ment of Labor,’’. 

4 (5) In section 3121(a)(3), by striking ‘‘the As5 sistant Secretary of Labor for Veterans’ Employment 

6 and Training of the Department of Labor’’ and in7 serting ‘‘the Under Secretary for Veterans Economic 

8 Opportunity and Transition’’. 

9 (6) In section 3692(a), by striking ‘‘and the As10 sistant Secretary of Labor for Veterans’ Employment 

11 and Training shall be ex officio members’’ and insert12 ing ‘‘an ex officio member’’. 

13 (7) In section 6306— 

14 (A) in subsection (a), by striking ‘‘shall ar15 range with the Secretary of Labor for the State 

16 employment service to match’’ and inserting 

17 ‘‘shall ensure that the State employment service 

18 matches’’; and 

19 (B) in subsection (b), by striking ‘‘, in con20 sultation with the Secretary of Labor,’’. 

21 (f) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect on October 1, 2016. 


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1 SEC. 206. USE OF FEDERAL DIRECTORY OF NEW HIRES. 

2 Section 453A(h) of the Social Security Act (42 U.S.C. 

3 653a(h)) is amended by adding at the end the following 

4 new paragraph: 

5 ‘‘(4) SECRETARY OF VETERANS AFFAIRS.—The 

6 Secretary of Veterans Affairs shall have access to in7 formation reported by employers pursuant to sub8 section (b) of this section.’’. 

9 TITLE III—EDUCATION ASSIST10 ANCE AND VOCATIONAL RE11 HABILITATION 

12 SEC. 301. MODIFICATION AND IMPROVEMENT OF TRANSFER 

13 OF UNUSED EDUCATION BENEFITS TO FAM14 ILY MEMBERS UNDER DEPARTMENT OF VET15 ERANS AFFAIRS POST-9/11 EDUCATIONAL AS16 SISTANCE PROGRAM. 

17 (a) ELIGIBILITY REQUIREMENTS.—Subsection (b)(1) 

18 of section 3319 of title 38, United States Code, is amend19 ed— 

20 (1) by striking ‘‘six years’’ and inserting ‘‘ten 

21 years’’; and 

22 (2) by striking ‘‘four more years’’ and inserting 

23 ‘‘two more years’’. 

24 (b) COMMENCEMENT OF USE.—Subsection (g)(1)(A) of 

25 such section is amended by striking ‘‘six years’’ and insert26 ing ‘‘ten years’’. 


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1 (c) RATE OF PAYMENT.—Subsection (h)(3)(B) of such 

2 section is amended by inserting before the period at the end 

3 the following: ‘‘, except that the amount of the monthly sti4 pend described in subsection (c)(1)(B) or (g)(3)(A)(ii) of 

5 section 3313, as the case may be, shall be payable in an 

6 amount equal to 50 percent of the amount of such stipend 

7 that would otherwise be payable under this chapter to the 

8 individual making the transfer’’. 

9 (d) CLERICAL AMENDMENT.—Such section is further 

10 amended by striking ‘‘armed forces’’ each place it appears 

11 and inserting ‘‘Armed Forces’’. 

12 (e) APPLICABILITY.—The amendments made by this 

13 section shall apply with respect to an election to transfer 

14 entitlement under section 3319 of title 38, United States 

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

16 after the date of the enactment of this Act. 

17 SEC. 302. CLARIFICATION OF ELIGIBILITY FOR MARINE 

18 GUNNERY SERGEANT JOHN DAVID FRY 

19 SCHOLARSHIP. 

20 (a) IN GENERAL.—Section 701(d) of the Veterans Ac21 cess, Choice, and Accountability Act of 2014 (Public Law 

22 113–146; 128 Stat. 1796; 38 U.S.C. 3311 note) is amended 

23 to read as follows: 

24 ‘‘(d) APPLICABILITY.— 


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

2 this section shall apply with respect to a quarter, se3 mester, or term, as applicable, commencing on or 

4 after January 1, 2015. 

5 ‘‘(2) DEATHS THAT OCCURRED BETWEEN SEP6 TEMBER 11, 2001, AND DECEMBER 31, 2005.—For pur7 poses of section 3311(f)(2) of title 38, United States 

8 Code, any member of the Armed Forces who died dur9 ing the period beginning on September 11, 2001, and 

10 ending on December 31, 2005, is deemed to have died 

11 on January 1, 2006.’’. 

12 (b) ELECTION ON RECEIPT OF CERTAIN BENEFITS.— 

13 Section 3311(f) of title 38, United States Code, is amend14 ed— 

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

16 spouse’’ and inserting ‘‘Except as provided in para17 graph (4), a surviving spouse’’; 

18 (2) by redesignating paragraph (4) as para19 graph (5); and 

20 (3) by inserting after paragraph (3) the fol21 lowing new paragraph (4): 

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

23 ‘‘(A) IN GENERAL.—An election made under 

24 paragraph (3) by a spouse described in subpara25 graph (B) may not be treated as irrevocable if 


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1 such election occurred before the date of the en2 actment of this paragraph. 

3 ‘‘(B) ELIGIBLE SURVIVING SPOUSE.—A 

4 spouse described in this subparagraph is an in5 dividual— 

6 ‘‘(i) who is entitled to assistance under 

7 subsection (a) pursuant to paragraph (9) of 

8 subsection (b); and 

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

10 of the Armed Forces who died during the 

11 period beginning on September 11, 2001, 

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

13 (c) TECHNICAL AMENDMENT.—Paragraph (5) of sub14 section (f) of section 3311 of title 38, United States Code, 

15 as redesignated by subsection (b)(2), is amended by striking 

16 ‘‘that paragraph’’ and inserting ‘‘paragraph (9) of sub17 section (b)’’. 

18 (d) YELLOW RIBBON G.I. EDUCATION ENHANCEMENT

19 PROGRAM.—Section 3317(a) of such title is amended by 

20 striking ‘‘paragraphs (1) and (2) of section 3311(b)’’ and 

21 inserting ‘‘paragraphs (1), (2), and (9) of section 3311(b) 

22 of this title’’. 


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1 SEC. 303. APPROVAL OF COURSES OF EDUCATION AND 

2 TRAINING FOR PURPOSES OF THE VOCA3 TIONAL REHABILITATION PROGRAM OF THE 

4 DEPARTMENT OF VETERANS AFFAIRS. 

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

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

7 new sentence: ‘‘To the maximum extent practicable, a course 

8 of education or training may be pursued by a veteran as 

9 part of a rehabilitation program under this chapter only 

10 if the course is approved for purposes of chapter 30 or 33 

11 of this title. The Secretary may waive the requirement 

12 under the preceding sentence to the extent the Secretary de13 termines appropriate.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply with respect to a course of education 

16 or training pursued by a veteran who first begins a pro17 gram of rehabilitation under chapter 31 of title 38, United 

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

19 date of the enactment of this Act. 

20 SEC. 304. AUTHORITY TO PRIORITIZE VOCATIONAL REHA21 BILITATION SERVICES BASED ON NEED. 

22 Section 3104 of title 38, United States Code, as amend23 ed by section 303, is further amended by adding at the end 

24 the following new subsection: 

25 ‘‘(c)(1) The Secretary shall have the authority to ad26 minister this chapter by prioritizing the provision of servVerDate Sep 11 2014 19:12 Dec 01, 2015 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H3016.RH H3016

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1 ices under this chapter based on need, as determined by the 

2 Secretary. In evaluating need for purposes of this sub3 section, the Secretary shall consider disability ratings, the 

4 severity of employment handicaps, qualification for a pro5 gram of independent living, income, and any other factor 

6 the Secretary determines appropriate. 

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

8 to the prioritization of the provision of services under this 

9 chapter as authorized under paragraph (1), the Secretary 

10 shall submit to Congress a plan describing such changes.’’. 

11 SEC. 305. RECODIFICATION AND IMPROVEMENT OF ELEC12 TION PROCESS FOR POST-9/11 EDUCATIONAL 

13 ASSISTANCE PROGRAM. 

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

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

16 end the following new section: 

17 ‘‘§ 3326. Election to receive educational assistance 

18 ‘‘(a) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPA19 TION IN POST-9/11 EDUCATIONAL ASSISTANCE.—An indi20 vidual may elect to receive educational assistance under 

21 this chapter if such individual— 

22 ‘‘(1) as of August 1, 2009— 

23 ‘‘(A) is entitled to basic educational assist24 ance under chapter 30 of the title and has used, 


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1 but retains unused, entitlement under that chap2 ter; 

3 ‘‘(B) is entitled to educational assistance 

4 under chapter 107, 1606, or 1607 of title 10 and 

5 has used, but retains unused, entitlement under 

6 the applicable chapter; 

7 ‘‘(C) is entitled to basic educational assist8 ance under chapter 30 of this title but has not 

9 used any entitlement under that chapter; 

10 ‘‘(D) is entitled to educational assistance 

11 under chapter 107, 1606, or 1607 of title 10 but 

12 has not used any entitlement under such chapter; 

13 ‘‘(E) is a member of the Armed Forces who 

14 is eligible for receipt of basic educational assist15 ance under chapter 30 this title and is making 

16 contributions toward such assistance under sec17 tion 3011(b) or 3012(c) of this title; or 

18 ‘‘(F) is a member of the Armed Forces who 

19 is not entitled to basic educational assistance 

20 under chapter 30 of this title by reason of an 

21 election under section 3011(c)(1) or 3012(d)(1) of 

22 this title; and 

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

24 under this paragraph, meets the requirements for en25 titlement to educational assistance under this chapter. 


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1 ‘‘(b) CESSATION OF CONTRIBUTIONS TOWARD GI 

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

3 the date of an election under subsection (a) of an individual 

4 described by paragraph (1)(E) of that subsection, the obliga5 tion of the individual to make contributions under section 

6 3011(b) or 3012(c) of this title, as applicable, shall cease, 

7 and the requirements of such section shall be deemed to be 

8 no longer applicable to the individual. 

9 ‘‘(c) REVOCATION OF REMAINING TRANSFERRED ENTI10 TLEMENT.— 

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

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

13 subsection (a) makes an election under that sub14 section, a transfer of the entitlement of the individual 

15 to basic educational assistance under section 3020 of 

16 this title is in effect and a number of months of the 

17 entitlement so transferred remain unutilized, the in18 dividual may elect to revoke all or a portion of the 

19 entitlement so transferred that remains unutilized. 

20 ‘‘(2) AVAILABILITY OF REVOKED ENTITLE21 MENT.—Any entitlement revoked by an individual 

22 under this paragraph shall no longer be available to 

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1 ance under chapter 33 of this title in accordance with 

2 the provisions of this section. 

3 ‘‘(3) AVAILABILITY OF UNREVOKED ENTITLE4 MENT.—Any entitlement described in paragraph (1) 

5 that is not revoked by an individual in accordance 

6 with that paragraph shall remain available to the de7 pendent or dependents concerned in accordance with 

8 the current transfer of such entitlement under section 

9 3020 of this title. 

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

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

12 and except as provided in subsection (e), an indi13 vidual making an election under subsection (a) shall 

14 be entitled to educational assistance under this chap15 ter in accordance with the provisions of this chapter, 

16 instead of basic educational assistance under chapter 

17 30 this title, or educational assistance under chapter 

18 107, 1606, or 1607 of title 10, as applicable. 

19 ‘‘(2) LIMITATION ON ENTITLEMENT FOR CERTAIN

20 INDIVIDUALS.—In the case of an individual making 

21 an election under subsection (a) who is described by 

22 paragraph (1)(A) of that subsection, the number of 

23 months of entitlement of the individual to educational 

24 assistance under this chapter 33 shall be the number 

25 of months equal to— 


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1 ‘‘(A) the number of months of unused enti2 tlement of the individual under chapter 30 of 

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

4 ‘‘(B) the number of months, if any, of enti5 tlement revoked by the individual under sub6 section (c)(1). 

7 ‘‘(e) CONTINUING ENTITLEMENT TO EDUCATIONAL AS8 SISTANCE NOT AVAILABLE UNDER 9/11 ASSISTANCE PRO9 GRAM.— 

10 ‘‘(1) IN GENERAL.—In the event educational as11 sistance to which an individual making an election 

12 under subsection (a) would be entitled under chapter 

13 30 of this title, or chapter 107, 1606, or 1607 of title 

14 10, as applicable, is not authorized to be available to 

15 the individual under the provisions of this chapter the 

16 individual shall remain entitled to such educational 

17 assistance in accordance with the provisions of the 

18 applicable chapter. 

19 ‘‘(2) CHARGE FOR USE OF ENTITLEMENT.—The 

20 utilization by an individual of entitlement under 

21 paragraph (1) shall be chargeable against the entitle22 ment of the individual to educational assistance 

23 under this chapter at the rate of one month of entitle24 ment under this chapter for each month of entitlement 

25 utilized by the individual under paragraph (1) (as 


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1 determined as if such entitlement were utilized under 

2 the provisions of chapter 30 of this title, or chapter 

3 107, 1606, or 1607 of title 10, as applicable). 

4 ‘‘(f) ADDITIONAL POST-9/11 ASSISTANCE FOR MEM5 BERS HAVING MADE CONTRIBUTIONS TOWARD GI BILL.— 

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

7 an individual making an election under subsection 

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

9 of paragraph (1) of that subsection, the amount of 

10 educational assistance payable to the individual 

11 under this chapter 33 as a monthly stipend payable 

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

13 title, or under paragraphs (2) through (7) of that sec14 tion (as applicable), shall be the amount otherwise 

15 payable as a monthly stipend under the applicable 

16 paragraph increased by the amount equal to— 

17 ‘‘(A) the total amount of contributions to18 ward basic educational assistance made by the 

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

20 this title, as of the date of the election, multiplied 

21 by 

22 ‘‘(B) the fraction— 

23 ‘‘(i) the numerator of which is— 

24 ‘‘(I) the number of months of enti25 tlement to basic educational assistance 


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1 under chapter 30 of this title remain2 ing to the individual at the time of the 

3 election; plus 

4 ‘‘(II) the number of months, if 

5 any, of entitlement under such chapter 

6 30 revoked by the individual under 

7 subsection (c)(1); and 

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

9 months. 

10 ‘‘(2) MONTHS OF REMAINING ENTITLEMENT FOR

11 CERTAIN INDIVIDUALS.—In the case of an individual 

12 covered by paragraph (1) who is described by sub13 section (a)(1)(E), the number of months of entitlement 

14 to basic educational assistance remaining to the indi15 vidual for purposes of paragraph (1)(B)(i)(II) shall 

16 be 36 months. 

17 ‘‘(3) TIMING OF PAYMENT.—The amount payable 

18 with respect to an individual under paragraph (1) 

19 shall be paid to the individual together with the last 

20 payment of the monthly stipend payable to the indi21 vidual under paragraph (1)(B) of section 3313(c) of 

22 this title, or under subsections (b) through (g) of that 

23 section (as applicable), before the exhaustion of the in24 dividual’s entitlement to educational assistance under 

25 this chapter. 


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1 ‘‘(g) CONTINUING ENTITLEMENT TO ADDITIONAL AS2 SISTANCE FOR CRITICAL SKILLS OR SPECIALITY AND ADDI3 TIONAL SERVICE.—An individual making an election 

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

5 entitled to increased educational assistance under section 

6 3015(d) of this title, or section 16131(i) of title 10, or sup7 plemental educational assistance under subchapter III of 

8 chapter 30 of this title, shall remain entitled to such in9 creased educational assistance or supplemental educational 

10 assistance in the utilization of entitlement to educational 

11 assistance under this chapter, in an amount equal to the 

12 quarter, semester, or term, as applicable, equivalent of the 

13 monthly amount of such increased educational assistance 

14 or supplemental educational assistance payable with respect 

15 to the individual at the time of the election. 

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

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

18 who, on or after January 1, 2016, submits to the Sec19 retary an election under this section that the Sec20 retary determines is clearly against the interests of 

21 the individual, or who fails to make an election under 

22 this section, the Secretary may make an alternative 

23 election on behalf of the individual that the Secretary 

24 determines is in the best interests of the individual. 


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1 ‘‘(2) NOTICE.—If the Secretary makes an elec2 tion on behalf of an individual under this subsection, 

3 the Secretary shall notify the individual by not later 

4 than seven days after making such election and shall 

5 provide the individual with a 30-day period, begin6 ning on the date of the individual’s receipt of such 

7 notice, during which the individual may modify or 

8 revoke the election made by the Secretary on the indi9 vidual’s behalf. The Secretary shall include, as part 

10 of such notice, a clear statement of why the alter11 native election made by the Secretary is in the best 

12 interests of the individual as compared to the election 

13 submitted by the individual. The Secretary shall pro14 vide the notice required under this paragraph by elec15 tronic means whenever possible. 

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

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

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of such chapter is amended by adding at the 

20 end the following new item: 

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

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

22 5003 of the Post-9/11 Veterans Educational Assistance Act 

23 of 2008 (Public Law 110–252; 38 U.S.C. 3301 note) is here24 by repealed. 


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1 SEC. 306. CLARIFICATION OF ASSISTANCE PROVIDED FOR 

2 CERTAIN FLIGHT TRAINING AND OTHER PRO3 GRAMS OF EDUCATION. 

4 (a) FLIGHT TRAINING.—Subsection (c)(1)(A) of sec5 tion 3313 of title 38, United States Code, is amended— 

6 (1) in clause (i)— 

7 (A) by redesignating subclauses (I) and (II) 

8 as items (aa) and (bb), respectively; 

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

10 of education pursued at a public institution of 

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

12 subclause (II), in the case of a program of edu13 cation pursued at a public institution of higher 

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

15 and 

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

17 subclause: 

18 ‘‘(II) In determining the actual net 

19 cost for in-State tuition and fees pursuant 

20 to subclause (I), the Secretary may not pay 

21 for tuition and fees relating to flight train22 ing.’’; and 

23 (2) in clause (ii)— 

24 (A) in subclause (I), by redesignating items 

25 (aa) and (bb) as subitems (AA) and (BB), re26 spectively; 


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

2 items (aa) and (bb) as subitems (AA) and (BB), 

3 respectively; 

4 (C) by redesignating subclauses (I) and (II) 

5 as items (aa) and (bb), respectively; 

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

7 of education pursued at a non-public or foreign 

8 institution of higher learning’’ and inserting 

9 ‘‘(I) In the case of a program of education de10 scribed in subclause (II)’’; and 

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

12 subclause: 

13 ‘‘(II) A program of education described 

14 in this subclause is any of the following: 

15 ‘‘(aa) A program of education 

16 pursued at a non-public or foreign in17 stitution of higher learning. 

18 ‘‘(bb) A program of education 

19 pursued at a public institution of high20 er learning in which flight training is 

21 required to earn the degree being pur22 sued (including with respect to a dual 

23 major, concentration, or other element 

24 of such a degree).’’. 


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1 (b) CERTAIN PROGRAMS OF EDUCATION CARRIED OUT

2 UNDER CONTRACT.—Section 3313(c)(1)(A)(ii)(II) of title 

3 38, United States Code, as added by subsection (a)(2)(E), 

4 is amended by adding at the end the following new item: 

5 ‘‘(cc) A program of education pur6 sued at a public institution of higher 

7 learning in which the public institu8 tion of higher learning enters into a 

9 contract or agreement with an entity 

10 (other than another public institution 

11 of higher learning) to provide such pro12 gram of education or a portion of such 

13 program of education.’’. 

14 (c) APPLICATION.— 

15 (1) IN GENERAL.—Except as provided by para16 graph (2), the amendments made by subsection (a) 

17 and (b) shall apply with respect to a quarter, semes18 ter, or term, as applicable, commencing on or after 

19 the date of the enactment of this Act. 

20 (2) SPECIAL RULE FOR CURRENT STUDENTS.— 

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

22 enactment of this Act, is using educational assistance 

23 under chapter 33 of title 38, United States Code, to 

24 pursue a course of education that includes a program 

25 of education described in item (bb) or (cc) of section 


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1 3313(c)(1)(A)(ii)(II) of title 38, United States Code, 

2 as added by subsections (a) and (b), respectively, the 

3 amendment made by such subsection shall apply with 

4 respect to a quarter, semester, or term, as applicable, 

5 commencing on or after the date that is two years 

6 after the date of the enactment of this Act. 

7 SEC. 307. CONSIDERATION OF CERTAIN TIME SPENT RE8 CEIVING MEDICAL CARE FROM SECRETARY 

9 OF DEFENSE AS ACTIVE DUTY FOR PURPOSES 

10 OF ELIGIBILITY FOR POST-9/11 EDUCATIONAL 

11 ASSISTANCE. 

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

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

14 after ‘‘12301(g),’’. 

15 (b) APPLICATION.—The amendment made by sub16 section (a) shall apply with respect to active duty service 

17 by a member of a reserve component covered by section 

18 12301(h) of title 10, United States, beginning on or after 

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

20 of this Act. 

21 SEC. 308. WORK-STUDY ALLOWANCE. 

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

23 amended by striking ‘‘June 30, 2013’’ each place it appears 

24 and inserting ‘‘June 30, 2013, or the period beginning on 

25 June 30, 2016, and ending on June 30, 2021’’. 


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1 SEC. 309. VOCATIONAL REHABILITATION AND EDUCATION 

2 ACTION PLAN. 

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

4 of this Act, the Secretary of Veterans Affairs shall develop 

5 and publish an action plan for improving the services and 

6 assistance provided under chapter 31 of title 38, United 

7 States Code. Such plan shall include each of the following: 

8 (1) A comprehensive analysis of, and rec9 ommendations and a proposed implementation plan 

10 for remedying workload management challenges at re11 gional offices of the Department of Veterans Affairs, 

12 including steps to reduce counselor caseloads of vet13 erans participating in a rehabilitation program 

14 under such chapter, particularly for counselors who 

15 are assisting veterans with traumatic brain injury 

16 and post-traumatic stress disorder and counselors 

17 with educational and vocational counseling work18 loads. 

19 (2) A comprehensive analysis of the reasons for 

20 the disproportionately low percentage of veterans with 

21 service-connected disabilities who served in the Armed 

22 Forces after September 11, 2001, who opt to partici23 pate in a rehabilitation program under such chapter 

24 relative to the percentage of such veterans who use 

25 their entitlement to educational assistance under 

26 chapter 33 of title 38, United States Code, including 


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1 an analysis of barriers to timely enrollment in reha2 bilitation programs under chapter 31 of such title 

3 and of any barriers to a veteran enrolling in the pro4 gram of that veteran’s choice. 

5 (3) Recommendations and a proposed implemen6 tation plan for encouraging more veterans with serv7 ice-connected disabilities who served in the Armed 

8 Forces after September 11, 2001, to participate in re9 habilitation programs under chapter 31 of such title. 

10 (4) A national staff training program for voca11 tional rehabilitation counselors of the Department 

12 that includes the provision of— 

13 (A) training to assist counselors in under14 standing the very profound disorientation expe15 rienced by warriors whose lives and life-plans 

16 have been upended and out of their control be17 cause of their injury; 

18 (B) training to assist counselors in working 

19 in partnership with veterans on individual reha20 bilitation plans; and 

21 (C) training on post-traumatic stress dis22 order and other mental health conditions and on 

23 moderate to severe traumatic brain injury that 

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1 cluding by providing information on the broad 

2 spectrum of such conditions and the effect of such 

3 conditions on an individual’s abilities and func4 tional limitations. 

5 SEC. 310. REDUCTION IN REDUNDANCY AND INEFFICIEN6 CIES IN VOCATIONAL REHABILITATION 

7 CLAIMS PROCESSING. 

8 (a) VOCATIONAL REHABILITATION CLAIMS.—The Sec9 retary of Veterans Affairs shall reduce redundancy and in10 efficiencies in the use of information technology to process 

11 claims for rehabilitation programs under chapter 31 of title 

12 38, United States Code, by— 

13 (1) ensuring that all payments for and on behalf 

14 of veterans participating in a rehabilitation program 

15 under such chapter are only processed and paid out 

16 of one corporate information technology system, in 

17 order to eliminate the redundancy of multiple infor18 mation technology payment systems; and 

19 (2) enhancing the information technology system 

20 supporting veterans participating in such a program 

21 to support more accurate accounting of services and 

22 outcomes for such veterans. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary of Veterans 


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

2 section. 

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

4 of the enactment of this Act, the Secretary of Veterans Af5 fairs shall submit to Congress a report on the changes made 

6 pursuant to subsection (a). 

7 TITLE IV—ADMINISTRATION OF 

8 EDUCATIONAL ASSISTANCE 

9 SEC. 401. CENTRALIZED REPORTING OF VETERAN ENROLL10 MENT BY CERTAIN GROUPS, DISTRICTS, AND 

11 CONSORTIUMS OF EDUCATIONAL INSTITU12 TIONS. 

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

14 States Code, is amended— 

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

16 after ‘‘31,’’; and 

17 (2) by adding at the end the following new para18 graph: 

19 ‘‘(4) For purposes of this subsection, the term ‘edu20 cational institution’ may include a group, district, or con21 sortium of separately accredited educational institutions lo22 cated in the same State that are organized in a manner 

23 that facilitates the centralized reporting of the enrollments 

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


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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall apply with respect to reports submitted on 

3 or after the date of the enactment of this Act. 

4 SEC. 402. PROVISION OF INFORMATION REGARDING VET5 ERAN ENTITLEMENT TO EDUCATIONAL AS6 SISTANCE. 

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

8 38, United States Code, is amended by adding at the end 

9 the following new section: 

10 ‘‘§ 3699. Provision of certain information to edu11 cational institutions 

12 ‘‘For each veteran or other individual pursuing a 

13 course of education that has been approved under this chap14 ter using educational assistance to which the veteran or 

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

16 35 of this title, the Secretary shall make available to the 

17 educational institution offering the course information 

18 about the amount of such educational assistance to which 

19 the veteran or other individual is entitled. Such informa20 tion shall be provided to such educational institution 

21 through a secure information technology system accessible 

22 by the educational institution and shall be regularly up23 dated to reflect any amounts used by the veteran or other 

24 individual.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by inserting after 

3 the item relating to section 3698 the following new item: 

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

4 SEC. 403. ROLE OF STATE APPROVING AGENCIES. 

5 (a) APPROVAL OF CERTAIN COURSES.—Section 

6 3672(b)(2)(A) of title 38, United States Code, is amended 

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

8 colon and inserting the following: ‘‘a program of education 

9 is deemed to be approved for purposes of this chapter if a 

10 State approving agency determines that the program is one 

11 of the following programs:’’. 

12 (b) APPROVAL OF OTHER COURSES.—Section 3675 of 

13 such title is amended— 

14 (1) in subsection (a)(1)— 

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

16 approving agency’’ and inserting ‘‘A State ap17 proving agency, or the Secretary when acting in 

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

19 (B) by striking ‘‘offered by proprietary for20 profit educational institutions’’ and inserting 

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

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

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

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


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1 Secretary when acting in the role of a State approv2 ing agency,’’. 

3 SEC. 404. CRITERIA USED TO APPROVE COURSES. 

4 (a) NONACCREDITED COURSES.—Section 3676(c)(14) 

5 of title 38, United States Code, is amended by inserting 

6 before the period the following: ‘‘if the Secretary, in con7 sultation with the State approving agency and pursuant 

8 to regulations prescribed to carry out this paragraph, deter9 mines such criteria are necessary and treat public, private, 

10 and proprietary for-profit educational institutions equi11 tably’’. 

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

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

14 ‘‘(3), and (14)’’. 

15 (c) APPLICATION.—The amendment made by sub16 section (a) shall apply with respect to— 

17 (1) criteria developed pursuant to paragraph 

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

19 United States Code, on or after January 1, 2013; and 

20 (2) an investigation conducted under such sub21 section that is covered by a reimbursement of expenses 

22 paid by the Secretary of Veterans Affairs to a State 

23 pursuant to section 3674 of such title on or after Oc24 tober 1, 2015. 


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1 SEC. 405. COMPLIANCE SURVEYS. 

2 (a) IN GENERAL.—Section 3693 of such title is amend3 ed— 

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

5 following new subsection (a): 

6 ‘‘(a)(1) Except as provided in subsection (b), the Sec7 retary shall conduct an annual compliance survey of edu8 cational institutions and training establishments offering 

9 one or more courses approved for the enrollment of eligible 

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

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

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

13 that such institutions or establishments, as the case 

14 may be, and approved courses are in compliance with 

15 all applicable provisions of chapters 30 through 36 of 

16 this title; 

17 ‘‘(B) survey each such educational institution 

18 and training establishment not less than once during 

19 every two-year period; and 

20 ‘‘(C) assign not fewer than one education compli21 ance specialist to work on compliance surveys in any 

22 year for each 40 compliance surveys required to be 

23 made under this section for such year. 

24 ‘‘(2) The Secretary, in consultation with the State ap25 proving agencies, shall— 


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

2 surveys required under paragraph (1); and 

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

4 make available to the State approving agencies a list 

5 of the educational institutions and training establish6 ments that will be surveyed during the fiscal year fol7 lowing the date of making such list available.’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(c) In this section, the terms ‘educational institution’ 

11 and ‘training establishment’ have the meaning given such 

12 terms in section 3452 of this title.’’. 

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

14 such section is amended— 

15 (1) by striking ‘‘subsection (a) of this section for 

16 an annual compliance survey’’ and inserting ‘‘sub17 section (a)(1) for a compliance survey’’; 

18 (2) by striking ‘‘institution’’ and inserting ‘‘edu19 cational institution or training establishment’’; and 

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

21 record of compliance’’ and inserting ‘‘record of com22 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 Code, 

13 to pursue a program of education or training. The contract 

14 shall provide that— 

15 (1) not later than one month before the collection 

16 of data under the survey begins, the survey shall be 

17 submitted to the Committees on Veterans’ Affairs of 

18 the Senate and House of Representatives; 

19 (2) the non-government entity shall complete the 

20 survey and submit to the Secretary the results of the 

21 survey by not later than 180 days after entering into 

22 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 contract 

2 under subsection (a) shall provide that the survey shall be 

3 designed to collect the following types of information about 

4 each individual surveyed, where applicable: 

5 (1) Demographic information, including the 

6 highest level of education completed by the individual, 

7 the military occupational specialty or specialties of 

8 the individual while serving on active duty as a 

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

10 National Guard or of a Reserve Component of the 

11 Armed Forces, and whether the individual has a serv12 ice-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 the 

16 effectiveness of the program, including instruction on 

17 the use of the benefits under laws administered by the 

18 Secretary of Veterans Affairs. 

19 (3) The resources the individual used to help the 

20 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 insti12 tution or program of education or training provided 

13 to veterans while the individual pursued the program 

14 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 credit 

20 hours completed by the individual as of the time of 

21 the survey, and, if applicable, any degree or certifi22 cate 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 the 


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1 employment status of the individual prior to enrolling 

2 in the program of education or training. 

3 (11) Whether the individual is or was enrolled in 

4 a program of education on a full-time or part-time 

5 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 indi9 vidual 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 individ19 ual’s entitlement to educational assistance to pursue 

20 a program of education or training or has transferred 

21 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 

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1 retary shall submit to the Committees on Veterans’ Affairs 

2 of the Senate and House of Representatives a report on the 

3 results of the survey and any recommendations of the Sec4 retary relating to such results. Such report shall also in5 clude an unedited version of the results of the survey sub6 mitted by the non-government entity that conducted the 

7 study. 

8 SEC. 407. IMPROVEMENT OF INFORMATION TECHNOLOGY 

9 OF THE VETERANS BENEFITS ADMINISTRA10 TION OF THE DEPARTMENT OF VETERANS AF11 FAIRS. 

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

14 the maximum extent possible, make such changes and im15 provements to the information technology system of the Vet16 erans Benefits Administration of the Department of Vet17 erans 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, are 

21 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 days 

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

3 of Veterans Affairs shall submit to Congress a plan to im4 plement the changes and improvements described in sub5 section (a). 

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

7 of the enactment of this Act, the Secretary of Veterans Af8 fairs shall submit to Congress a report on the implementa9 tion 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 3679(c)(2)(B) 

22 of title 38, United States Code, is amended by striking ‘‘or 

23 3319 of this title’’ and all that follows and inserting ‘‘of 

24 this title or to whom educational assistance is transferred 

25 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 loan’’; 

13 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 this 

18 section shall apply with respect to a loan guaranteed under 

19 section 3710 of title 38, United States Code, on or after 

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

21 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 following 

6 new section: 

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

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

10 into a contract with a non-government entity to conduct 

11 a longitudinal study of a statistically valid sample of each 

12 of the groups of individuals described in paragraph (2). The 

13 contract shall provide for the study of each such group over 

14 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 serv20 ices but who otherwise received services under this 

21 chapter. 

22 ‘‘(C) Veterans who did not seek or receive services 

23 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 such 

16 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 individual 

11 was discharged or released from the Armed Forces. 

12 ‘‘(M) Whether such individual has used any edu13 cational assistance to which the individual is entitled 

14 under this title. 

15 ‘‘(N) Whether such individual has participated 

16 in a rehabilitation program under chapter 31 of this 

17 title. 

18 ‘‘(O) Demographic information about such indi19 vidual. 

20 ‘‘(P) Such other information as the Secretary de21 termines appropriate. 

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

23 1 of each year covered by the study required under sub24 section (a), the Secretary shall submit to the Committees 

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1 tives a report on the outcomes of the study during the pre2 ceding year. 

3 ‘‘(2) The Secretary shall include in each annual report 

4 submitted under paragraph (1) any information the Sec5 retary determines is necessary to determine the long-term 

6 outcomes of the individuals in the groups described in sub7 section (a)(2).’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of such chapter is amended by adding at the 

10 end the following new item: 

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

veterans.’’. 

11 SEC. 503. LIMITATIONS ON SUBCONTRACTS UNDER CON12 TRACTS WITH SMALL BUSINESS CONCERNS 

13 OWNED AND CONTROLLED BY VETERANS. 

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

15 States Code, is amended— 

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

17 (m); and 

18 (2) by inserting after subsection (k) the following 

19 new subsection (l): 

20 ‘‘(l) LIMITATIONS ON SUBCONTRACTING.—(1)(A) The 

21 requirements applicable to a covered small business concern 

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

23 shall apply with respect to a small business concern owned 

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1 ability or a small business concern owned and controlled 

2 by a veteran that is awarded a contract that is counted 

3 for purposes of meeting the goals under subsection (a). 

4 ‘‘(B) For purposes of applying the requirements of sec5 tion 46 of the Small Business Act (15 U.S.C. 657s) pursu6 ant to subparagraph (A), the term ‘similarly situated enti7 ty’ used in such section 46 includes a subcontractor for a 

8 small business concern owned and controlled by a veteran 

9 with a service-connected disability or a small business con10 cern owned and controlled by a veteran described in such 

11 subparagraph (A). 

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

13 purposes of meeting the goals under subsection (a), the Sec14 retary shall obtain from an offeror a certification that the 

15 offeror will comply with the requirements described in para16 graph (1)(A) if awarded the contract. Such certification 

17 shall— 

18 ‘‘(A) specify the exact performance requirements 

19 applicable under such paragraph; and 

20 ‘‘(B) explicitly acknowledge that the certification 

21 is subject to section 1001 of title 18. 

22 ‘‘(3) If the Secretary determines that a small business 

23 concern that is awarded a contract that is counted for pur24 poses of meeting the goals under subsection (a) did not act 

25 in good faith with respect to the requirements described in 


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1 paragraph (1)(A), the small business concern shall be sub2 ject to the penalties specified in— 

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

4 (15 U.S.C. 645(g)(1)); and 

5 ‘‘(B) section 1001 of title 18. 

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

7 Business Utilization for the Department, established pursu8 ant to section 15(k) of the Small Business Act (15 U.S.C. 

9 644(k)), and the Chief Acquisition Officer of the Depart10 ment, established pursuant to section 1702 of title 41, shall 

11 jointly implement a process using the systems described in 

12 section 16(g)(2) of the Small Business Act (15 U.S.C. 

13 645(g)(2)), or any other systems available, to monitor com14 pliance with this subsection. The Chief Acquisition Officer 

15 shall refer any violations of this subsection to the Inspector 

16 General of the Department. 

17 ‘‘(B) Not later than November 30 of each year, the In18 spector General shall submit to the Committees on Veterans’ 

19 Affairs of the Senate and House of Representatives a report 

20 for the fiscal year preceding the fiscal year during which 

21 the report is submitted that includes, for the fiscal year cov22 ered by the report— 

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

24 under subparagraph (A); and 


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

2 including the number of small business concerns sus3 pended or debarred from Federal contracting or re4 ferred to the Attorney General for prosecution.’’. 

5 (b) EFFECTIVE DATE.—Subsection (l) of section 8127 

6 of title 38, United States Code, as added by subsection (a) 

7 shall apply with respect to a contract entered into after the 

8 date of the enactment of this Act. 

9 SEC. 504. PROCEDURES FOR PROVISION OF CERTAIN IN10 FORMATION TO STATE VETERANS AGENCIES 

11 TO FACILITATE THE FURNISHING OF ASSIST12 ANCE AND BENEFITS TO VETERANS. 

13 (a) PROCEDURES REQUIRED.—The Secretary of Vet14 erans Affairs shall develop procedures to share the informa15 tion described in subsection (b) regarding veterans with 

16 State veterans agencies in electronic data format as a 

17 means of facilitating the furnishing of assistance and bene18 fits to veterans. 

19 (b) COVERED INFORMATION.—The information shared 

20 with State veterans agencies under subsection (a) regarding 

21 a veteran shall include the following: 

22 (1) Military service and separation data. 

23 (2) A personal email address. 

24 (3) A personal telephone number. 

25 (4) A mailing address. 


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1 (c) OPT-OUT ELECTION.—A veteran may elect to pre2 vent their information from being shared with State vet3 erans agencies under subsection (a) pursuant to a process 

4 that the Secretary shall establish for purposes of this sub5 section. 

6 (d) USE OF INFORMATION.—The Secretary shall en7 sure that the information shared with State veterans agen8 cies in accordance with the procedures developed under sub9 section (a) is only shared by such agencies with county gov10 ernment veterans service offices for such purposes as the 

11 Secretary shall specify for the administration and delivery 

12 of assistance and benefits. 

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to make certain improvements in 

the laws administered by the Secretary of Veterans Affairs relating to health care, educational assistance, and 

vocational rehabilitation, to establish the Veterans Economic Opportunity and Transition Administration, and 

for other purposes.’’. 


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Union Calendar No. 274 

114TH CONGRESS 

1ST SESSION H. R. 3016 

[Report No. 114–358] 

A BILL 

To amend title 38, United States Code, to clarify 

erans Affairs. the role of podiatrists in the Department of VetDECEMBER 1, 2015 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 19:12 Dec 01, 2015 Jkt 059200 PO 00000 Frm 00090 Fmt 6651 Sfmt 6651 E:\BILLS\H3016.RH H3016

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