II 

Calendar No. 267 

114TH CONGRESS 

1ST SESSION S. 1203 

[Report No. 114–153] 

To amend title 38, United States Code, to improve the processing by the 

Department of Veterans Affairs of claims for benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2015 

Mr. HELLER (for himself, Mr. CASEY, Mr. MORAN, Mr. MANCHIN, Mr. 

TOOMEY, Mr. HEINRICH, Mr. VITTER, Mr. TESTER, Ms. COLLINS, Mr. 

COCHRAN, and Mr. COONS) introduced the following bill; which was read 

twice and referred to the Committee on Veterans’ Affairs 

OCTOBER 19, 2015 

Reported by Mr. ISAKSON, with an amendment and an amendment to the title 

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

A BILL 

To amend title 38, United States Code, to improve the 

processing by the Department of Veterans Affairs of 

claims for benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘21st Century Veterans Benefits Delivery Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—BENEFITS CLAIMS SUBMISSION 

Sec. 101. Improvements to Transition Assistance Program. 

Sec. 102. Requirement that decisions on claims explain advantages of filing appeals within 180 days. 

Sec. 103. Determination of manner of appearance for hearings before Board of 

Veterans’ Appeals. 

TITLE II—PRACTICES OF REGIONAL OFFICES 

Sec. 201. Required Comptroller General audit of regional offices of Veterans 

Benefits Administration. 

Sec. 202. Requirement for management training program for veterans service 

center managers of Veterans Benefits Administration. 

Sec. 203. Analysis of communication between regional offices of Department of 

Veterans Affairs and veterans service organizations and Congressional caseworkers. 

Sec. 204. Review of practices of regional offices regarding use of suspense 

dates. 

Sec. 205. Annual report on capacity of Veterans Benefits Administration to 

process benefits claims. 

Sec. 206. Requirement to complete efforts to revise resource allocation model 

of Department of Veterans Affairs. 

Sec. 207. Semiannual report on progress in implementing Veterans Benefits 

Management System. 

Sec. 208. Report on plans of Secretary of Veterans Affairs to reduce inventory 

of claims for dependency and indemnity compensation and 

claims for pension. 

Sec. 209. Increased transparency in Monday Morning Workload Report. 

Sec. 210. Reports on appeals of decisions on benefits claims. 

Sec. 211. Modification of pilot program for use of contract physicians for disability examinations. 

TITLE III—GOVERNMENT RESPONSE 

Sec. 301. Increased cooperation across Government. 

Sec. 302. Report on interoperability between electronic health records systems 

of Department of Defense and Department of Veterans Affairs. 


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1 TITLE I—BENEFITS CLAIMS 

2 SUBMISSION 

3 SEC. 101. IMPROVEMENTS TO TRANSITION ASSISTANCE 

4 PROGRAM. 

5 (a) MODIFICATION TO ENABLE ONLINE ACCESS.— 

6 Section 1144 of title 10, United States Code, is amended 

7 by adding at the end the following new subsection: 

8 ‘‘(f) ONLINE ACCESS.—(1) The Secretary of Labor, 

9 in conjunction with the Secretary of Defense, the Sec10 retary of Homeland Security, and the Secretary of Vet11 erans Affairs, shall take such actions and make such modi12 fications to the eBenefits Internet website as may be nec13 essary to ensure that members of the armed forces and 

14 spouses described in subsection (a)(1) can access materials 

15 from the program carried out under this section through 

16 an Internet website. 

17 ‘‘(2) An individual subject to a requirement under 

18 subsection (c) may not satisfy such requirement by partici19 pating in the program carried out under this section solely 

20 through an Internet website.’’. 

21 (b) PARTICIPATION OF VETERANS SERVICE ORGANI22 ZATIONS.— 

23 (1) SENSE OF CONGRESS.—It is the sense of 

24 Congress that the Secretary of Defense, in collabora25 tion with the Secretary of Labor, the Secretary of 


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1 Homeland Security, and the Secretary of Veterans 

2 Affairs, should establish a process by which a rep3 resentative of a veterans service organization may be 

4 present at any portion of the program carried out 

5 under section 1144 of title 10, United States Code, 

6 relating to the submittal of claims to the Secretary 

7 of Veterans Affairs for compensation under chapter 

8 11 or 13 of title 38, United States Code. 

9 (2) REPORT.— 

10 (A) IN GENERAL.—Not later than one year 

11 after the date of the enactment of this Act, the 

12 Secretary of Defense shall submit to Congress 

13 a report on participation of veterans service or14 ganizations in the program carried out under 

15 section 1144 of title 10, United States Code. 

16 (B) CONTENTS.—The report required by 

17 subparagraph (A) shall include the following: 

18 (i) An assessment of the compliance 

19 of facilities of the Department of Defense 

20 with the directives included in the memo21 randum of the Secretary of Defense enti22 tled ‘‘Installation Access and Support 

23 Services for Nonprofit Non-Federal Enti24 ties’’ and dated December 23, 2014. 


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1 (ii) The number of military bases that 

2 have complied with such directives. 

3 (iii) How many veterans service orga4 nizations have been present at a portion of 

5 a program as described in paragraph (1). 

6 (3) VETERANS SERVICE ORGANIZATION DE7 FINED.—In this subsection, the term ‘‘veterans serv8 ice organization’’ means any organization recognized 

9 by the Secretary for the representation of veterans 

10 under section 5902 of title 38. 

11 SEC. 102. REQUIREMENT THAT DECISIONS ON CLAIMS EX12 PLAIN ADVANTAGES OF FILING APPEALS 

13 WITHIN 180 DAYS. 

14 Section 5104(a) of title 38, United States Code, is 

15 amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘In the case’’; and 

17 (2) by striking the second sentence and insert18 ing the following new paragraph: 

19 ‘‘(2) The notice shall include the following: 

20 ‘‘(A) An explanation of the procedure for ob21 taining review of the decision. 

22 ‘‘(B) An explanation of the advantages of filing 

23 for review of the decision within 180 days.’’. 


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1 SEC. 103. DETERMINATION OF MANNER OF APPEARANCE 

2 FOR HEARINGS BEFORE BOARD OF VET3 ERANS’ APPEALS. 

4 (a) IN GENERAL.—Section 7107 of title 38, United 

5 States Code, is amended— 

6 (1) by striking subsection (e); 

7 (2) by redesignating subsections (d) and (f) as 

8 subsections (f) and (g), respectively; 

9 (3) by inserting after subsection (c) the fol10 lowing new subsections (d) and (e): 

11 ‘‘(d)(1) Subject to paragraph (2), a hearing before 

12 the Board shall be conducted, as the Board considers ap13 propriate— 

14 ‘‘(A) in person; or 

15 ‘‘(B) through picture and voice transmission, by 

16 electronic or other means, in such manner that the 

17 appellant is not present in the same location as the 

18 members of the Board during the hearing. 

19 ‘‘(2) Upon request by an appellant, a hearing before 

20 the Board shall be conducted, as the appellant considers 

21 appropriate— 

22 ‘‘(A) in person; or 

23 ‘‘(B) through picture and voice transmission as 

24 described in paragraph (1)(B). 

25 ‘‘(e)(1) In a case in which a hearing before the Board 

26 is to be conducted through picture and voice transmission 


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1 as described in subsection (d)(1)(B), the Secretary shall 

2 provide suitable facilities and equipment to the Board or 

3 other components of the Department to enable an appel4 lant located at an appropriate facility within the area 

5 served by a regional office to participate as so described. 

6 ‘‘(2) Any hearing conducted through picture and 

7 voice transmission as described in subsection (d)(1)(B) 

8 shall be conducted in the same manner as, and shall be 

9 considered the equivalent of, a personal hearing.’’; and 

10 (4) in subsection (f)(1), as redesignated by 

11 paragraph (2), by striking ‘‘An appellant may re12 quest’’ and all that follows through ‘‘office of the 

13 Department’’ and inserting ‘‘In a case in which a 

14 hearing before the Board is to be conducted in per15 son, the hearing shall be held at the principal loca16 tion of the Board or at a facility of the Department 

17 located within the area served by a regional office of 

18 the Department.’’. 

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

20 subsection (a) shall apply with respect to cases received 

21 by the Board of Veterans’ Appeals pursuant to notices of 

22 disagreement submitted on or after the date of the enact23 ment of this Act. 


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1 TITLE II—PRACTICES OF 

2 REGIONAL OFFICES 

3 SEC. 201. REQUIRED COMPTROLLER GENERAL AUDIT OF 

4 REGIONAL OFFICES OF VETERANS BENEFITS 

5 ADMINISTRATION. 

6 (a) IN GENERAL.—Not later than one year after the 

7 date of the enactment of this Act, the Comptroller General 

8 of the United States shall complete an audit of the re9 gional offices of the Veterans Benefits Administration— 

10 (1) to assess the consistency of decisions being 

11 made with respect to claims for benefits under laws 

12 administered by the Secretary of Veterans Affairs; 

13 and 

14 (2) to identify ways in which the consistency of 

15 such decisions can be improved. 

16 (b) IDENTIFICATION OF FACTORS AND BEST PRAC17 TICES.—The audit conducted under subsection (a) shall 

18 include the following: 

19 (1) Identification of the factors, including man20 agement practices, that distinguish higher per21 forming regional offices from other regional offices. 

22 (2) Identification of best practices employed by 

23 higher performing regional offices that distinguish 

24 the performance of such offices from other regional 

25 offices. 


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1 (c) REPORT.—Not later than 90 days after the date 

2 on which the Comptroller General completes the audit re3 quired by subsection (a), the Comptroller General shall 

4 submit to Congress a report on the results of the audit. 

5 SEC. 202. REQUIREMENT FOR MANAGEMENT TRAINING 

6 PROGRAM FOR VETERANS SERVICE CENTER 

7 MANAGERS OF VETERANS BENEFITS ADMIN8 ISTRATION. 

9 The Secretary of Veterans Affairs shall establish a 

10 training program for veterans service center managers, or 

11 for employees in successor positions in regional offices of 

12 the Veterans Benefits Administration, on matters con13 cerning managerial skills and such other skills as the Sec14 retary considers appropriate for such managers. 

15 SEC. 203. ANALYSIS OF COMMUNICATION BETWEEN RE16 GIONAL OFFICES OF DEPARTMENT OF VET17 ERANS AFFAIRS AND VETERANS SERVICE OR18 GANIZATIONS AND CONGRESSIONAL CASE19 WORKERS. 

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

21 shall ensure that each systemic analysis of operations that 

22 is completed by a veterans service center manager in a 

23 regional office of the Department of Veterans Affairs in24 cludes an analysis of the communication between the reVerDate Sep 11 2014 22:14 Oct 19, 2015 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1203.RS S1203

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1 gional office and veterans service organizations and case2 workers employed by Members of Congress. 

3 (b) VETERANS SERVICE ORGANIZATION DEFINED.— 

4 In this section, the term ‘‘veterans service organization’’ 

5 means any organization recognized by the Secretary for 

6 the representation of veterans under section 5902 of title 

7 38, United States Code. 

8 SEC. 204. REVIEW OF PRACTICES OF REGIONAL OFFICES 

9 REGARDING USE OF SUSPENSE DATES. 

10 (a) REVIEW REQUIRED.—Not later than 180 days 

11 after the date of the enactment of this Act, the Inspector 

12 General of the Department of Veterans Affairs shall con13 duct a review of the practices of regional offices of the 

14 Department regarding the use of suspense dates during 

15 the disability claim assessment process. 

16 (b) REPORT.—Not later than 270 days after the date 

17 of the enactment of this Act, the Inspector General of the 

18 Department shall submit to Congress a report on the find19 ings of the Inspector General with respect to the review 

20 conducted under subsection (a). 

21 (c) SUSPENSE DATE DEFINED.—In this section, the 

22 term ‘‘suspense date’’ means a measure used by the Vet23 erans Benefits Administration to set incremental deadlines 

24 for disability claims as they progress through the disability 

25 claim assessment process. 


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1 SEC. 205. ANNUAL REPORT ON CAPACITY OF VETERANS 

2 BENEFITS ADMINISTRATION TO PROCESS 

3 BENEFITS CLAIMS. 

4 (a) IN GENERAL.—Along with the supporting infor5 mation included in the budget submitted by the President 

6 for fiscal year 2017 pursuant to section 1105(a) of title 

7 31, United States Code, and with the supporting informa8 tion included in each budget submittal under such section 

9 thereafter, the President shall include a report that the 

10 Secretary of Veterans Affairs shall prepare on the capacity 

11 of the Veterans Benefits Administration to process claims 

12 for benefits under laws administered by the Secretary dur13 ing the fiscal year covered by the budget with which the 

14 report is submitted. 

15 (b) CONTENTS.—Each report submitted under sub16 section (a) shall include, for the period covered by the re17 port, the following: 

18 (1) The number of claims for benefits under 

19 laws administered by the Secretary that the Sec20 retary expects the Veterans Benefits Administration 

21 to process. 

22 (2) The number of full-time equivalent employ23 ees of the Veterans Benefits Administration who are 

24 dedicated to processing such claims. 

25 (3) An estimate of the average number of such 

26 claims a single full-time equivalent employee of the 


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1 Administration can process in a year, based on a 

2 time and motion study that the Secretary shall con3 duct on the processing of such claims. 

4 (4) An assessment of whether the Administra5 tion requires additional or fewer full-time equivalent 

6 employees to process such claims during the next 

7 one-year, five-year, and ten-year periods. 

8 (5) A description of the actions the Secretary 

9 will take to improve the processing of such claims. 

10 (6) An assessment of the actions identified by 

11 the Secretary in the previous report submitted under 

12 subsection (a) and identification of the effects of 

13 those actions. 

14 (c) PUBLIC AVAILABILITY.—The Secretary shall 

15 make each report required by subsection (a) available to 

16 the public on an Internet website of the Department of 

17 Veterans Affairs. 

18 SEC. 206. REQUIREMENT TO COMPLETE EFFORTS TO RE19 VISE RESOURCE ALLOCATION MODEL OF DE20 PARTMENT OF VETERANS AFFAIRS. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of Vet23 erans Affairs shall complete the efforts of the Department 

24 of Veterans Affairs to revise the resource allocation model 

25 of the Veterans Benefits Administration. 


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

2 of the enactment of this Act, the Secretary shall submit 

3 to the Committee on Veterans’ Affairs of the Senate and 

4 the Committee on Veterans’ Affairs of the House of Rep5 resentatives a report on the resource allocation model re6 vised pursuant to subsection (a). 

7 SEC. 207. SEMIANNUAL REPORT ON PROGRESS IN IMPLE8 MENTING VETERANS BENEFITS MANAGE9 MENT SYSTEM. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act and not less frequently 

12 than once every 180 days thereafter until the date that 

13 is three years after the date of the enactment of this Act, 

14 the Secretary of Veterans Affairs shall submit to Congress 

15 a report on the progress of the Secretary in implementing 

16 the Veterans Benefits Management System. 

17 (b) CONTENTS.—The report required by subsection 

18 (a) shall include the following: 

19 (1) An assessment of the current functionality 

20 of the Veterans Benefits Management System. 

21 (2) Recommendations submitted to the Sec22 retary by employees of the Department of Veterans 

23 Affairs who are involved in processing claims for 

24 benefits under laws administered by the Secretary, 

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1 eran service representatives, and decision review offi2 cers, for such legislative or administrative action as 

3 the employees consider appropriate to improve the 

4 processing of such claims. 

5 (3) Recommendations submitted to the Sec6 retary by veterans service organizations who use the 

7 Veterans Benefits Management System for such leg8 islative or administrative action as the veterans serv9 ice organization consider appropriate to improve 

10 such system. 

11 SEC. 208. REPORT ON PLANS OF SECRETARY OF VETERANS 

12 AFFAIRS TO REDUCE INVENTORY OF CLAIMS 

13 FOR DEPENDENCY AND INDEMNITY COM14 PENSATION AND CLAIMS FOR PENSION. 

15 Not later than 90 days after the date of the enact16 ment of this Act, the Secretary of Veterans Affairs shall 

17 submit to Congress a report that details the plans of the 

18 Secretary to reduce the inventory of— 

19 (1) claims submitted to the Secretary for com20 pensation under chapter 13 of title 38, United 

21 States Code; and 

22 (2) claims submitted to the Secretary for pen23 sion under chapter 15 of such title. 


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1 SEC. 209. INCREASED TRANSPARENCY IN MONDAY MORN2 ING WORKLOAD REPORT. 

3 (a) DISAGGREGATION OF CLAIMS BY DECISIONS RE4 QUIRING DISABILITY RATING.—The Secretary of Vet5 erans Affairs shall include in each Monday Morning Work6 load Report published by the Secretary the number of 

7 claims for benefits under laws administered by the Sec8 retary that have been received by a regional office of the 

9 Department of Veterans Affairs and are pending a deci10 sion, disaggregated by— 

11 (1) claims that have been pending for more 

12 than 125 days; 

13 (2) claims that have been pending for 125 days 

14 or fewer; and 

15 (3) claims that do not require a decision con16 cerning a disability rating. 

17 (b) INCLUSION OF INFORMATION ON ASSIGNMENT OF

18 PARTIAL RATINGS.—The Secretary of Veterans Affairs 

19 shall include in each Monday Morning Workload Report 

20 published by the Secretary in the portion of the report 

21 entitled ‘‘Transformation’’ and in the portion of the report 

22 entitled ‘‘Aggregate’’ the number of partial ratings as23 signed. 

24 (c) REPORT ON FULLY DEVELOPED CLAIMS.—The 

25 Secretary of Veterans Affairs shall include in each Monday 


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1 Morning Workload Report published by the Secretary the 

2 following: 

3 (1) The total number of fully developed claims 

4 for benefits under laws administered by the Sec5 retary that— 

6 (A) have been received by a regional office 

7 of the Department of Veterans Affairs; and 

8 (B) are pending a decision. 

9 (2) The total number of such claims that have 

10 been pending for more than 125 days, disaggregated 

11 by station. 

12 (d) STATION DEFINED.—In this section, the term 

13 ‘‘station’’ means the location of a regional office of the 

14 Department where claims for disability compensation are 

15 processed. 

16 SEC. 210. REPORTS ON APPEALS OF DECISIONS ON BENE17 FITS CLAIMS. 

18 (a) PUBLIC AVAILABILITY.—The Secretary of Vet19 erans Affairs shall make the reports of the Department 

20 of Veterans Affairs entitled ‘‘Appeals Pending’’ and ‘‘Ap21 peals Workload By Station’’ available to the public on an 

22 Internet website of the Department. 

23 (b) APPEALS GRANTED BY STATION.—The Secretary 

24 shall include in one of the reports described in subsection 

25 (a) the percentage of appeals granted by station. 


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1 (c) CLAIMS PREVIOUSLY ADJUDICATED BY APPEALS

2 MANAGEMENT CENTER.—The Secretary shall include in 

3 one of the reports described in subsection (a) the percent4 age of claims previously adjudicated by the Appeals Man5 agement Center that were either subsequently granted or 

6 remanded by the Board of Veterans’ Appeals. 

7 (d) STATION DEFINED.—In this section, the term 

8 ‘‘station’’ means the location of a regional office of the 

9 Department where claims for disability compensation are 

10 processed. 

11 SEC. 211. MODIFICATION OF PILOT PROGRAM FOR USE OF 

12 CONTRACT PHYSICIANS FOR DISABILITY EX13 AMINATIONS. 

14 Section 504 of the Veterans’ Benefits Improvement 

15 Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note) 

16 is amended— 

17 (1) by redesignating subsections (c) and (d) as 

18 subsections (d) and (e), respectively; and 

19 (2) by inserting after subsection (b) the fol20 lowing new subsection (c): 

21 ‘‘(c) LICENSURE OF CONTRACT PHYSICIANS.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any law 

23 regarding the licensure of physicians, a physician de24 scribed in paragraph (2) may conduct an examina25 tion pursuant to a contract entered into under subVerDate Sep 11 2014 22:14 Oct 19, 2015 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S1203.RS S1203

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1 section (a) at any location in any State, the District 

2 of Columbia, or a Commonwealth, territory, or pos3 session of the United States, so long as the examina4 tion is within the scope of the authorized duties 

5 under such contract. 

6 ‘‘(2) PHYSICIAN DESCRIBED.—A physician de7 scribed in this paragraph is a physician who— 

8 ‘‘(A) has a current license to practice the 

9 health care profession of the physician; and 

10 ‘‘(B) is performing authorized duties for 

11 the Department of Veterans Affairs pursuant to 

12 a contract entered into under subsection (a).’’. 

13 TITLE III—GOVERNMENT 

14 RESPONSE 

15 SEC. 301. INCREASED COOPERATION ACROSS GOVERN16 MENT. 

17 (a) APPOINTMENT OF LIAISONS.— 

18 (1) DEPARTMENT OF DEFENSE.—The Sec19 retary of Defense shall appoint individuals as fol20 lows: 

21 (A) At least one individual to act as a liai22 son under this section between the Department 

23 of Defense and the Department of Veterans Af24 fairs. 


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1 (B) At least one individual for each of the 

2 reserve components of the Armed Forces to act 

3 as a liaison under this section between the re4 spective component of the Armed Forces and 

5 the Department of Veterans Affairs. 

6 (2) NATIONAL ARCHIVES AND RECORDS ADMIN7 ISTRATION.—The Archivist of the United States 

8 shall appoint at least one individual to act as a liai9 son under this section between the National Archives 

10 and Records Administration and the Department of 

11 Veterans Affairs. 

12 (b) DUTIES OF LIAISONS.—Each individual acting as 

13 a liaison under this section shall expedite the timely provi14 sion to the Secretary of Veterans Affairs of such informa15 tion as the Secretary requires to process claims submitted 

16 to the Secretary for benefits under laws administered by 

17 the Secretary. 

18 (c) PROCEDURES.— 

19 (1) IN GENERAL.—The Secretary of Veterans 

20 Affairs, the Secretary of Defense, and the Archivist 

21 of the United States shall jointly develop and imple22 ment procedures to improve the timely provision to 

23 the Secretary of Veterans Affairs of such informa24 tion as the Secretary requires to process claims subVerDate Sep 11 2014 22:14 Oct 19, 2015 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\S1203.RS S1203

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1 mitted to the Secretary for benefits under laws ad2 ministered by the Secretary. 

3 (2) TIMELY PROVISION.—The procedures devel4 oped and implemented under paragraph (1) shall en5 sure that the information provided to the Secretary 

6 of Veterans Affairs is provided to the Secretary not 

7 later than 30 days after the date on which the Sec8 retary requests the information. 

9 (d) ANNUAL REPORTS.—Not less frequently than 

10 once each year, the Secretary of Veterans Affairs shall 

11 submit to Congress a report on— 

12 (1) the requests for information made by the 

13 Secretary during the most recent one-year period for 

14 information from the Secretary of Defense and the 

15 Archivist of the United States required by the Sec16 retary of Veterans Affairs to process claims sub17 mitted to the Secretary for benefits under laws ad18 ministered by the Secretary; and 

19 (2) the timeliness of responses to such requests. 

20 SEC. 302. REPORT ON INTEROPERABILITY BETWEEN ELEC21 TRONIC HEALTH RECORDS SYSTEMS OF DE22 PARTMENT OF DEFENSE AND DEPARTMENT 

23 OF VETERANS AFFAIRS. 

24 Not later than one year after the date of the enact25 ment of this Act, the Secretary of Defense and the SecVerDate Sep 11 2014 22:14 Oct 19, 2015 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S1203.RS S1203

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1 retary of Veterans Affairs shall jointly submit to Congress 

2 a report that sets forth a timeline with milestones for 

3 achieving interoperability between the electronic health 

4 records systems of the Department of Defense and the De5 partment of Veterans Affairs. 

6 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

7 (a) SHORT TITLE.—This Act may be cited as the ‘‘21st 

8 Century Veterans Benefits Delivery and Other Improve9 ments Act’’. 

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

11 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—HEALTH CARE MATTERS 

Subtitle A—Expansion and Improvement of Health Care Benefits 

Sec. 101. Improved access to appropriate immunizations for veterans. 

Sec. 102. Expansion of provision of chiropractic care and services to veterans. 

Subtitle B—Health Care Administration 

Sec. 111. Expansion of availability of prosthetic and orthotic care for veterans. 

Sec. 112. Public access to Department of Veterans Affairs research and data sharing between Departments. 

Sec. 113. Revival of Intermediate Care Technician Pilot Program of Department 

of Veterans Affairs. 

Sec. 114. Transfer of health care provider credentialing data from Secretary of 

Defense to Secretary of Veterans Affairs. 

Sec. 115. Examination and treatment by Department of Veterans Affairs for 

emergency medical conditions and women in labor. 

Subtitle C—Improvement of Medical Workforce 

Sec. 121. Inclusion of mental health professionals in education and training program for health personnel of the Department of Veterans Affairs. 

Sec. 122. Expansion of qualifications for licensed mental health counselors of the 

Department of Veterans Affairs to include doctoral degrees. 

Sec. 123. Requirement that physician assistants employed by the Department of 

Veterans Affairs receive competitive pay. 

Sec. 124. Report on medical workforce of the Department of Veterans Affairs. 


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TITLE II—COMPENSATION AND OTHER BENEFITS MATTERS 

Subtitle A—Benefits Claims Submission 

Sec. 201. Participation of veterans service organizations in Transition Assistance 

Program. 

Sec. 202. Requirement that Secretary of Veterans Affairs publish the average time 

required to adjudicate timely and untimely appeals. 

Sec. 203. Determination of manner of appearance for hearings before Board of 

Veterans’ Appeals. 

Subtitle B—Practices of Regional Offices Relating to Benefits Claims 

Sec. 211. Comptroller General review of claims processing performance of regional 

offices of Veterans Benefits Administration. 

Sec. 212. Inclusion in annual budget submission of information on capacity of 

Veterans Benefits Administration to process benefits claims. 

Sec. 213. Report on staffing levels at regional offices of Department of Veterans 

Affairs after transition to National Work Queue. 

Sec. 214. Annual report on progress in implementing Veterans Benefits Management System. 

Sec. 215. Report on plans of Secretary of Veterans Affairs to reduce inventory of 

non-rating workload. 

Sec. 216. Sense of Congress on increased transparency relating to claims for benefits and appeals of decisions relating to benefits in Monday 

Morning Workload Report. 

Subtitle C—Other Benefits Matters 

Sec. 221. Modification of pilot program for use of contract physicians for disability examinations. 

Sec. 222. Development of procedures to increase cooperation with National Guard 

Bureau. 

Sec. 223. Review of determination of certain service in Philippines during World 

War II. 

Sec. 224. Reports on Department disability medical examinations and prevention 

of unnecessary medical examinations. 

Sec. 225. Sense of Congress on submittal of information relating to claims for disabilities incurred or aggravated by military sexual trauma. 

TITLE III—EDUCATION MATTERS 

Sec. 301. Retention of entitlement to educational assistance during certain additional periods of active duty. 

Sec. 302. Reports on progress of students receiving Post-9/11 Educational Assistance. 

Sec. 303. Secretary of Defense report on level of education attained by those who 

transfer entitlement to Post-9/11 educational assistance. 

Sec. 304. Reports on educational levels attained by certain members of the Armed 

Forces at time of separation from the Armed Forces. 

TITLE IV—EMPLOYMENT AND TRANSITION MATTERS 

Sec. 401. Required coordination between Directors for Veterans’ Employment and 

Training with State departments of labor and veterans affairs. 

Sec. 402. Report on job fairs attended by one-stop career center employees at 

which such employees encounter veterans. 


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Sec. 403. Review of challenges faced by employers seeking to hire veterans and 

sharing of information among Federal agencies that serve veterans. 

Sec. 404. Review of Transition GPS Program Core Curriculum. 

Sec. 405. Modification of requirement for provision of preseparation counseling. 

TITLE V—VETERAN SMALL BUSINESS MATTERS 

Sec. 501. Modification of treatment under contracting goals and preferences of 

Department of Veterans Affairs for small businesses owned by 

veterans of small businesses after death of disabled veteran owners. 

Sec. 502. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and 

preferences. 

TITLE VI—BURIAL MATTERS 

Sec. 601. Department of Veterans Affairs study on matters relating to burial of 

unclaimed remains of veterans in national cemeteries. 

TITLE VII—OTHER MATTERS 

Sec. 701. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces. 

Sec. 702. Report on Laotian military support of Armed Forces of the United 

States during Vietnam War. 

Sec. 703. Restoration of prior reporting fee multipliers. 

1 TITLE I—HEALTH CARE 

2 MATTERS 

3 Subtitle A—Expansion and Im4 provement of Health Care Bene5 fits 

6 SEC. 101. IMPROVED ACCESS TO APPROPRIATE IMMUNIZA7 TIONS FOR VETERANS. 

8 (a) INCLUSION OF RECOMMENDED ADULT IMMUNIZA9 TIONS AS MEDICAL SERVICES.— 

10 (1) COVERED BENEFIT.—Subparagraph (F) of 

11 section 1701(9) of title 38, United States Code, is 

12 amended to read as follows: 


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1 ‘‘(F) immunizations against infectious dis2 eases, including each immunization on the rec3 ommended adult immunization schedule at the 

4 time such immunization is indicated on that 

5 schedule;’’. 

6 (2) RECOMMENDED ADULT IMMUNIZATION

7 SCHEDULE DEFINED.—Section 1701 of such title is 

8 amended by adding after paragraph (9) the following 

9 new paragraph: 

10 ‘‘(10) The term ‘recommended adult immuniza11 tion schedule’ means the schedule established (and pe12 riodically reviewed and, as appropriate, revised) by 

13 the Advisory Committee on Immunization Practices 

14 established by the Secretary of Health and Human 

15 Services and delegated to the Centers for Disease Con16 trol and Prevention.’’. 

17 (b) INCLUSION OF RECOMMENDED ADULT IMMUNIZA18 TIONS IN ANNUAL REPORT.—Section 1704(1)(A) of such 

19 title is amended— 

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

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

22 end and inserting ‘‘; and’’; and 

23 (3) by inserting after clause (ii) the following 

24 new clause: 


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1 ‘‘(iii) to provide veterans each immu2 nization on the recommended adult immu3 nization schedule at the time such immuni4 zation is indicated on that schedule.’’. 

5 (c) REPORT TO CONGRESS.— 

6 (1) IN GENERAL.—Not later than two years after 

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

8 Veterans Affairs shall submit to the Committee on 

9 Veterans’ Affairs of the Senate and the Committee on 

10 Veterans’ Affairs of the House of Representatives a re11 port on the development and implementation by the 

12 Department of Veterans Affairs of quality measures 

13 and metrics, including targets for compliance, to en14 sure that veterans receiving medical services under 

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

16 each immunization on the recommended adult immu17 nization schedule at the time such immunization is 

18 indicated on that schedule. 

19 (2) RECOMMENDED ADULT IMMUNIZATION

20 SCHEDULE DEFINED.—In this subsection, the term 

21 ‘‘recommended adult immunization schedule’’ has the 

22 meaning given that term in section 1701(10) of title 

23 38, United States Code, as added by subsection (a)(2). 


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1 SEC. 102. EXPANSION OF PROVISION OF CHIROPRACTIC 

2 CARE AND SERVICES TO VETERANS. 

3 (a) PROGRAM FOR PROVISION OF CHIROPRACTIC CARE

4 AND SERVICES TO VETERANS.—Section 204(c) of the De5 partment of Veterans Affairs Health Care Programs En6 hancement Act of 2001 (Public Law 107–135; 115 Stat. 

7 2459; 38 U.S.C. 1710 note) is amended— 

8 (1) by inserting ‘‘(1)’’ before ‘‘The program’’; 

9 and 

10 (2) by adding at the end the following new para11 graph: 

12 ‘‘(2) The program shall be carried out at not fewer 

13 than two medical centers or clinics in each Veterans Inte14 grated Service Network by not later than two years after 

15 the date of the enactment of the 21st Century Veterans Bene16 fits Delivery and Other Improvements Act, and at not fewer 

17 than 50 percent of all medical centers in each Veterans Inte18 grated Service Network by not later than three years after 

19 such date of enactment.’’. 

20 (b) EXPANDED CHIROPRACTOR SERVICES AVAILABLE

21 TO VETERANS.— 

22 (1) MEDICAL SERVICES.—Paragraph (6) of sec23 tion 1701 of title 38, United States Code, is amended 

24 by adding at the end the following new subparagraph: 

25 ‘‘(H) Chiropractic services.’’. 


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1 (2) REHABILITATIVE SERVICES.—Paragraph (8) 

2 of such section is amended by inserting ‘‘chiro3 practic,’’ after ‘‘counseling,’’. 

4 (3) PREVENTIVE HEALTH SERVICES.—Paragraph 

5 (9) of such section is amended— 

6 (A) by redesignating subparagraphs (F) 

7 through (K) as subparagraphs (G) through (L), 

8 respectively; and 

9 (B) by inserting after subparagraph (E) the 

10 following new subparagraph (F): 

11 ‘‘(F) periodic and preventive chiropractic 

12 examinations and services;’’. 

13 Subtitle B—Health Care 

14 Administration 

15 SEC. 111. EXPANSION OF AVAILABILITY OF PROSTHETIC 

16 AND ORTHOTIC CARE FOR VETERANS. 

17 (a) ESTABLISHMENT OR EXPANSION OF ADVANCED

18 DEGREE PROGRAMS TO EXPAND AVAILABILITY OF PROVI19 SION OF CARE.—The Secretary of Veterans Affairs shall 

20 work with institutions of higher education to develop part21 nerships for the establishment or expansion of programs of 

22 advanced degrees in prosthetics and orthotics in order to 

23 improve and enhance the availability of high quality pros24 thetic and orthotic care for veterans. 


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1 (b) REPORT.—Not later than one year after the effec2 tive date specified in subsection (d), the Secretary shall sub3 mit to the Committee on Veterans’ Affairs of the Senate and 

4 the Committee on Veterans’ Affairs of the House of Rep5 resentatives a report setting forth a plan for carrying out 

6 subsection (a). The Secretary shall develop the plan in con7 sultation with veterans service organizations, institutions 

8 of higher education with accredited degree programs in 

9 prosthetics and orthotics, and representatives of the pros10 thetics and orthotics field. 

11 (c) FUNDING.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is hereby authorized to be appropriated for fis14 cal year 2017 for the Department of Veterans Affairs, 

15 $5,000,000 to carry out this section. 

16 (2) AVAILABILITY.—The amount authorized to be 

17 appropriated by paragraph (1) shall remain available 

18 for expenditure until September 30, 2019. 

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

20 on the date that is one year after the date of the enactment 

21 of this Act. 


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1 SEC. 112. PUBLIC ACCESS TO DEPARTMENT OF VETERANS 

2 AFFAIRS RESEARCH AND DATA SHARING BE3 TWEEN DEPARTMENTS. 

4 (a) ESTABLISHMENT OF INTERNET WEBSITE.—The 

5 Secretary of Veterans Affairs shall make available on an 

6 Internet website of the Department of Veterans Affairs 

7 available to the public the following: 

8 (1) Data files that contain information on re9 search of the Department. 

10 (2) A data dictionary on each data file. 

11 (3) Instructions for how to obtain access to each 

12 data file for use in research. 

13 (b) PUBLIC ACCESS TO MANUSCRIPTS ON DEPART14 MENT FUNDED RESEARCH.— 

15 (1) IN GENERAL.—Beginning not later than 18 

16 months after the effective date specified in subsection 

17 (e), the Secretary shall require, as a condition on the 

18 use of any data gathered or formulated from research 

19 funded by the Department, that any final, peer-re20 viewed manuscript prepared for publication that uses 

21 such data be submitted to the Secretary for deposit in 

22 the digital archive under paragraph (2) and publica23 tion under paragraph (3). 

24 (2) DIGITAL ARCHIVE.—Not later than 18 

25 months after the effective date specified in subsection 

26 (e), the Secretary shall— 


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1 (A) establish a digital archive consisting of 

2 manuscripts described in paragraph (1); or 

3 (B) partner with another executive agency 

4 to compile such manuscripts in a digital archive. 

5 (3) PUBLIC AVAILABILITY.— 

6 (A) AVAILABILITY OF ARCHIVE.—The Sec7 retary shall ensure that the digital archive under 

8 paragraph (2) and the contents of such archive 

9 are available to the public via a publicly acces10 sible Internet website at no cost to the public. 

11 (B) AVAILABILITY OF MANUSCRIPTS.—The 

12 Secretary shall ensure that each manuscript sub13 mitted to the Secretary under paragraph (1) is 

14 available to the public under subparagraph (A) 

15 not later than one year after the official date on 

16 which the manuscript is otherwise published. 

17 (4) CONSISTENT WITH COPYRIGHT LAW.—The 

18 Secretary shall carry out this subsection in a manner 

19 consistent with applicable copyright law. 

20 (5) ANNUAL REPORT.— 

21 (A) IN GENERAL.—Not later than one year 

22 after the date the Secretary begins making 

23 manuscripts available to the public under this 

24 subsection and not less frequently than once each 

25 year thereafter, the Secretary shall submit to the 


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1 Committee on Veterans’ Affairs of the Senate 

2 and the Committee on Veterans’ Affairs of the 

3 House of Representatives a report on the imple4 mentation of this subsection during the most re5 cent one-year period. 

6 (B) CONTENTS.—Each report submitted 

7 under subparagraph (A) shall include for the pe8 riod of the report: 

9 (i) The number of manuscripts sub10 mitted under paragraph (1). 

11 (ii) The titles of such manuscripts. 

12 (iii) The authors of such manuscripts. 

13 (iv) For each such manuscript, the 

14 name and issue number or volume number, 

15 as the case may be, of the journal or other 

16 publication in which such manuscript was 

17 published. 

18 (c) RECOMMENDATIONS FOR DATA SHARING BETWEEN

19 DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF

20 DEFENSE.—Not later than one year after the effective date 

21 specified in subsection (e), the Department of Veterans Af22 fairs-Department of Defense Joint Executive Committee es23 tablished by section 320(a) of title 38, United States Code, 

24 shall submit to the Secretary of Veterans Affairs and the 

25 Secretary of Defense options and recommendations for the 


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1 establishment of a program for long-term cooperation and 

2 data sharing between and within the Department of Vet3 erans Affairs and the Department of Defense to facilitate 

4 research on outcomes of military service, readjustment after 

5 combat deployment, and other topics of importance to the 

6 following: 

7 (1) Veterans. 

8 (2) Members of the Armed Forces. 

9 (3) Family members of veterans. 

10 (4) Family members of members of the Armed 

11 Forces. 

12 (5) Members of communities that have a signifi13 cant population of veterans or members of the Armed 

14 Forces. 

15 (d) EXECUTIVE AGENCY DEFINED.—In this section, 

16 the term ‘‘executive agency’’ has the meaning given that 

17 term in section 133 of title 41, United States Code. 

18 (e) EFFECTIVE DATE.—This section shall take effect on 

19 the date that is one year after the date of the enactment 

20 of this Act. 

21 SEC. 113. REVIVAL OF INTERMEDIATE CARE TECHNICIAN 

22 PILOT PROGRAM OF DEPARTMENT OF VET23 ERANS AFFAIRS. 

24 (a) REVIVAL.—The Secretary of Veterans Affairs shall 

25 revive the Intermediate Care Technician Pilot Program of 


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1 the Department of Veterans Affairs that was carried out 

2 by the Secretary between January 2013 and February 

3 2014. 

4 (b) TECHNICIANS.— 

5 (1) SELECTION.—The Secretary shall select not 

6 less than 45 intermediate care technicians to partici7 pate in the pilot program. 

8 (2) FACILITIES.— 

9 (A) IN GENERAL.—Any intermediate care 

10 technician hired pursuant to paragraph (1) may 

11 be assigned to a medical facility of the Depart12 ment as determined by the Secretary for pur13 poses of this section. 

14 (B) PRIORITY.—In assigning intermediate 

15 care technicians under subparagraph (A), the 

16 Secretary shall give priority to facilities at 

17 which veterans have the longest wait times for 

18 appointments for the receipt of hospital care or 

19 medical services from the Department, as deter20 mined by the Secretary for purposes of this sec21 tion. 

22 (c) TERMINATION.—The Secretary shall carry out the 

23 pilot program under subsection (a) during the three-year 

24 period beginning on the effective date specified in subsection 

25 (e). 


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1 (d) HOSPITAL CARE AND MEDICAL SERVICES DE2 FINED.—In this section, the terms ‘‘hospital care’’ and 

3 ‘‘medical services’’ have the meanings given such terms in 

4 section 1701 of title 38, United States Code. 

5 (e) EFFECTIVE DATE.—This section shall take effect on 

6 the date that is one year after the date of the enactment 

7 of this Act. 

8 SEC. 114. TRANSFER OF HEALTH CARE PROVIDER 

9 CREDENTIALING DATA FROM SECRETARY OF 

10 DEFENSE TO SECRETARY OF VETERANS AF11 FAIRS. 

12 (a) IN GENERAL.—In a case in which the Secretary 

13 of Veterans Affairs hires a covered health care provider, the 

14 Secretary of Defense shall, after receiving a request from 

15 the Secretary of Veterans Affairs for the credentialing data 

16 of the Secretary of Defense relating to such health care pro17 vider, transfer to the Secretary of Veterans Affairs such 

18 credentialing data. 

19 (b) COVERED HEALTH CARE PROVIDERS.—For pur20 poses of this section, a covered provider is a health care 

21 provider who— 

22 (1) is or was employed by the Secretary of De23 fense; 

24 (2) provides or provided health care related serv25 ices as part of such employment; and 


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1 (3) was credentialed by the Secretary of Defense. 

2 (c) POLICIES AND REGULATIONS.—The Secretary of 

3 Veterans Affairs and the Secretary of Defense shall establish 

4 such policies and promulgate such regulations as may be 

5 necessary to carry out this section. 

6 (d) CREDENTIALING DEFINED.—In this section, the 

7 term ‘‘credentialing’’ means the systematic process of 

8 screening and evaluating qualifications and other creden9 tials, including licensure, required education, relevant 

10 training and experience, and current competence and health 

11 status. 

12 (e) EFFECTIVE DATE.—This section shall take effect on 

13 the date that is one year after the date of the enactment 

14 of this Act. 

15 SEC. 115. EXAMINATION AND TREATMENT BY DEPARTMENT 

16 OF VETERANS AFFAIRS FOR EMERGENCY 

17 MEDICAL CONDITIONS AND WOMEN IN 

18 LABOR. 

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

20 title 38, United States Code, is amended by inserting after 

21 section 1784 the following new section: 

22 ‘‘§ 1784A. Examination and treatment for emergency 

23 medical conditions and women in labor 

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

25 Department that has an emergency department, if any inVerDate Sep 11 2014 22:14 Oct 19, 2015 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S1203.RS S1203

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1 dividual comes to the hospital or the campus of the hospital 

2 and a request is made on behalf of the individual for exam3 ination or treatment for a medical condition, the hospital 

4 must provide for an appropriate medical screening exam5 ination within the capability of the emergency department, 

6 including ancillary services routinely available to the emer7 gency department, to determine whether or not an emer8 gency medical condition exists. 

9 ‘‘(b) NECESSARY STABILIZING TREATMENT FOR

10 EMERGENCY MEDICAL CONDITIONS AND LABOR.—(1) If 

11 any individual comes to a hospital of the Department that 

12 has an emergency department or the campus of such a hos13 pital and the hospital determines that the individual has 

14 an emergency medical condition, the hospital must provide 

15 either— 

16 ‘‘(A) within the staff and facilities available at 

17 the hospital, for such further medical examination 

18 and such treatment as may be required to stabilize 

19 the medical condition; or 

20 ‘‘(B) for transfer of the individual to another 

21 medical facility in accordance with subsection (c). 

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

23 paragraph (1)(A) with respect to an individual if the hos24 pital offers the individual the further medical examination 

25 and treatment described in that paragraph and informs the 


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1 individual (or a person acting on behalf of the individual) 

2 of the risks and benefits to the individual of such examina3 tion and treatment, but the individual (or a person acting 

4 on behalf of the individual) refuses to consent to the exam5 ination and treatment. The hospital shall take all reason6 able steps to secure the written informed consent of the indi7 vidual (or person) to refuse such examination and treat8 ment. 

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

10 paragraph (1) with respect to an individual if the hospital 

11 offers to transfer the individual to another medical facility 

12 in accordance with subsection (c) and informs the indi13 vidual (or a person acting on behalf of the individual) of 

14 the risks and benefits to the individual of such transfer, but 

15 the individual (or a person acting on behalf of the indi16 vidual) refuses to consent to the transfer. The hospital shall 

17 take all reasonable steps to secure the written informed con18 sent of the individual (or person) to refuse such transfer. 

19 ‘‘(c) RESTRICTING TRANSFERS UNTIL INDIVIDUAL

20 STABILIZED.—(1) If an individual at a hospital of the De21 partment has an emergency medical condition that has not 

22 been stabilized, the hospital may not transfer the individual 

23 unless— 

24 ‘‘(A)(i) the individual (or a legally responsible 

25 person acting on behalf of the individual), after being 


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1 informed of the obligations of the hospital under this 

2 section and of the risk of transfer, requests, in writ3 ing, transfer to another medical facility; 

4 ‘‘(ii) a physician of the Department has signed 

5 a certification that, based upon the information 

6 available at the time of transfer, the medical benefits 

7 reasonably expected from the provision of appropriate 

8 medical treatment at another medical facility out9 weigh the increased risks to the individual and, in the 

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

11 transfer; or 

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

13 physically present in the emergency department at the 

14 time an individual is transferred, a qualified medical 

15 person (as defined by the Secretary for purposes of 

16 this section) has signed a certification described in 

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

18 consultation with the person, has made the deter19 mination described in such clause, and subsequently 

20 countersigns the certification; and 

21 ‘‘(B) the transfer is an appropriate transfer to 

22 that facility. 

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

24 paragraph (1)(A) shall include a summary of the risks and 

25 benefits upon which the certification is based. 


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1 ‘‘(3) For purposes of paragraph (1)(B), an appro2 priate transfer to a medical facility is a transfer— 

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

4 the medical treatment within its capacity that mini5 mizes the risks to the health of the individual and, in 

6 the case of a woman in labor, the health of the unborn 

7 child; 

8 ‘‘(B) in which the receiving facility— 

9 ‘‘(i) has available space and qualified per10 sonnel for the treatment of the individual; and 

11 ‘‘(ii) has agreed to accept transfer of the in12 dividual and to provide appropriate medical 

13 treatment; 

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

15 the receiving facility all medical records (or copies 

16 thereof) available at the time of the transfer relating 

17 to the emergency medical condition for which the in18 dividual has presented, including— 

19 ‘‘(i) observations of signs or symptoms; 

20 ‘‘(ii) preliminary diagnosis; 

21 ‘‘(iii) treatment provided; 

22 ‘‘(iv) the results of any tests; and 

23 ‘‘(v) the informed written consent or certifi24 cation (or copy thereof) provided under para25 graph (1)(A); 


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

2 qualified personnel and transportation equipment, in3 cluding the use of necessary and medically appro4 priate life support measures during the transfer; and 

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

6 Secretary considers necessary in the interest of the 

7 health and safety of individuals transferred. 

8 ‘‘(d) DEFINITIONS.—In this section: 

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

10 hospital of the Department— 

11 ‘‘(A) the physical area immediately adja12 cent to the main buildings of the hospital; 

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

14 strictly contiguous to the main buildings but are 

15 located not less than 250 yards from the main 

16 buildings; and 

17 ‘‘(C) any other areas determined by the Sec18 retary to be part of the campus of the hospital. 

19 ‘‘(2) The term ‘emergency medical condition’ 

20 means— 

21 ‘‘(A) a medical condition manifesting itself 

22 by acute symptoms of sufficient severity (includ23 ing severe pain) such that the absence of imme24 diate medical attention could reasonably be ex25 pected to result in— 


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1 ‘‘(i) placing the health of the indi2 vidual (or, with respect to a pregnant 

3 woman, the health of the woman or her un4 born child) in serious jeopardy; 

5 ‘‘(ii) serious impairment to bodily 

6 functions; or 

7 ‘‘(iii) serious dysfunction of any bodily 

8 organ or part; or 

9 ‘‘(B) with respect to a pregnant woman who 

10 is having contractions— 

11 ‘‘(i) that there is inadequate time to ef12 fect a safe transfer to another hospital before 

13 delivery; or 

14 ‘‘(ii) that transfer may pose a threat to 

15 the health or safety of the woman or the un16 born child. 

17 ‘‘(3)(A) The term ‘to stabilize’ means, with re18 spect to an emergency medical condition described in 

19 paragraph (2)(A), to provide such medical treatment 

20 of the condition as may be necessary to assure, within 

21 reasonable medical probability, that no material dete22 rioration of the condition is likely to result from or 

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1 dition described in paragraph (2)(B), to deliver (in2 cluding the placenta). 

3 ‘‘(B) The term ‘stabilized’ means, with respect to 

4 an emergency medical condition described in para5 graph (2)(A), that no material deterioration of the 

6 condition is likely, within reasonable medical prob7 ability, to result from or occur during the transfer of 

8 the individual from a facility, or, with respect to an 

9 emergency medical condition described in paragraph 

10 (2)(B), that the woman has delivered (including the 

11 placenta). 

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

13 (including the discharge) of an individual outside the 

14 facilities of a hospital of the Department at the direc15 tion of any person employed by (or affiliated or asso16 ciated, directly or indirectly, with) the hospital, but 

17 does not include such a movement of an individual 

18 who— 

19 ‘‘(A) has been declared dead; or 

20 ‘‘(B) leaves the facility without the permis21 sion of any such person.’’. 

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

23 the beginning of chapter 17 of such title is amended by in24 serting after the item relating to section 1784 the following 

25 new item: 


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

women in labor.’’. 

1 Subtitle C—Improvement of 

2 Medical Workforce 

3 SEC. 121. INCLUSION OF MENTAL HEALTH PROFESSIONALS 

4 IN EDUCATION AND TRAINING PROGRAM FOR 

5 HEALTH PERSONNEL OF THE DEPARTMENT 

6 OF VETERANS AFFAIRS. 

7 In carrying out the education and training program 

8 required under section 7302(a)(1) of title 38, United States 

9 Code, the Secretary of Veterans Affairs shall include edu10 cation and training of marriage and family therapists and 

11 licensed professional mental health counselors. 

12 SEC. 122. EXPANSION OF QUALIFICATIONS FOR LICENSED 

13 MENTAL HEALTH COUNSELORS OF THE DE14 PARTMENT OF VETERANS AFFAIRS TO IN15 CLUDE DOCTORAL DEGREES. 

16 Section 7402(b)(11)(A) of title 38, United States Code, 

17 is amended by inserting ‘‘or doctoral degree’’ after ‘‘master’s 

18 degree’’. 

19 SEC. 123. REQUIREMENT THAT PHYSICIAN ASSISTANTS EM20 PLOYED BY THE DEPARTMENT OF VETERANS 

21 AFFAIRS RECEIVE COMPETITIVE PAY. 

22 Section 7451(a)(2) of title 38, United States Code, is 

23 amended— 


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1 (1) by redesignating subparagraph (B) as sub2 paragraph (C); 

3 (2) by inserting after subparagraph (A) the fol4 lowing new subparagraph (B): 

5 ‘‘(B) Physician assistant.’’; and 

6 (3) in subparagraph (C), as redesignated by 

7 paragraph (1), by striking ‘‘and registered nurse’’ 

8 and inserting ‘‘registered nurse, and physician assist9 ant’’. 

10 SEC. 124. REPORT ON MEDICAL WORKFORCE OF THE DE11 PARTMENT OF VETERANS AFFAIRS. 

12 (a) IN GENERAL.—Not later than 120 days after the 

13 date of the enactment of this Act, the Secretary of Veterans 

14 Affairs shall submit to the Committee on Veterans Affairs 

15 of the Senate and the Committee on Veterans Affairs of the 

16 House of Representatives a report on the medical workforce 

17 of the Department of Veterans Affairs. 

18 (b) ELEMENTS.—The report required by subsection (a) 

19 shall include the following: 

20 (1) With respect to licensed professional mental 

21 health counselors and marriage and family therapists 

22 of the Department— 

23 (A) how many such counselors and thera24 pists are currently enrolled in the mental health 

25 professionals trainee program of the Department; 


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1 (B) how many such counselors and thera2 pists are expected to enroll in the mental health 

3 professionals trainee program of the Department 

4 during the 180-day period beginning on the date 

5 of the submittal of the report; 

6 (C) a description of the eligibility criteria 

7 for such counselors and therapists as compared 

8 to other behavioral health professions in the De9 partment; 

10 (D) a description of the objectives, goals, 

11 and timing of the Department with respect to in12 creasing the representation of such counselors 

13 and therapists in the behavioral health workforce 

14 of the Department; and 

15 (E) a description of the actions taken by the 

16 Secretary, in consultation with the Director of 

17 the Office of Personnel Management, to create an 

18 occupational series for such counselors and thera19 pists and a timeline for the creation of such an 

20 occupational series. 

21 (2) A breakdown of spending by the Department 

22 in connection with the education debt reduction pro23 gram of the Department under subchapter VII of 

24 chapter 76 of title 38, United States Code, includ25 ing— 


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1 (A) the amount spent by the Department in 

2 debt reduction payments during the three-year 

3 period preceding the submittal of the report 

4 disaggregated by the medical profession of the in5 dividual receiving the payments; 

6 (B) a description of how the Department 

7 prioritizes such spending by medical profession, 

8 including an assessment of whether such priority 

9 reflects the five occupations identified in the 

10 most recent determination by the Inspector Gen11 eral of the Department of Veterans Affairs as 

12 having the largest staffing shortages in the Vet13 erans Health Administration; and 

14 (C) a description of the actions taken by the 

15 Secretary to increase the effectiveness of such 

16 spending for purposes of recruitment of health 

17 care providers to the Department, including ef18 forts to more consistently include eligibility for 

19 the education debt reduction program in vacancy 

20 announcements of positions for health care pro21 viders at the Department. 

22 (3) A description of any impediments to the de23 livery by the Department of telemedicine services to 

24 veterans and any actions taken by the Department to 


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1 address such impediments, including with respect 

2 to— 

3 (A) restrictions under Federal or State 

4 laws; 

5 (B) licensing or credentialing issues for 

6 health care providers, including non-Department 

7 health care providers, practicing telemedicine 

8 with a veteran located in a different State; 

9 (C) the effect of limited broadband access or 

10 limited information technology capabilities on 

11 the delivery of health care; 

12 (D) the distance a veteran is required to 

13 travel to access a facility or clinic with telemedi14 cine capabilities; 

15 (E) the effect on the provision of telemedi16 cine services to veterans of policies of and lim17 ited liability protection for certain entities; and 

18 (F) issues relating to reimbursement and 

19 travel limitations for veterans that affect the 

20 participation of non-Department health care 

21 providers in the telemedicine program. 

22 (4) An update on the efforts of the Secretary to 

23 offer training opportunities in telemedicine to med24 ical residents in medical facilities of the Department 

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1 dency program requirements established by the Ac2 creditation Council for Graduate Medical Education, 

3 as required in section 108(b) of the Honoring Amer4 ica’s Veterans and Caring for Camp Lejeune Families 

5 Act of 2012 (Public Law 112–154; 38 U.S.C. 7406 

6 note). 

7 (5) An assessment of the development and imple8 mentation by the Secretary of succession planning 

9 policies to address the prevalence of vacancies in posi10 tions in the Veterans Health Administration of more 

11 than 180 days, including the development of an enter12 prise position management system to more effectively 

13 identify, track, and resolve such vacancies. 

14 (6) A description of the actions taken by the Sec15 retary, in consultation with the Director of the Office 

16 of Personnel Management, to address any impedi17 ments to the timely appointment and determination 

18 of qualifications for Directors of Veterans Integrated 

19 Service Networks and Medical Directors of the De20 partment. 


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1 TITLE II—COMPENSATION AND 

2 OTHER BENEFITS MATTERS 

3 Subtitle A—Benefits Claims 

4 Submission 

5 SEC. 201. PARTICIPATION OF VETERANS SERVICE ORGANI6 ZATIONS IN TRANSITION ASSISTANCE PRO7 GRAM. 

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

9 that the Secretary of Defense, in collaboration with the Sec10 retary of Labor, the Secretary of Homeland Security, and 

11 the Secretary of Veterans Affairs, should establish a process 

12 by which a representative of a veterans service organization 

13 may be present at any portion of the program carried out 

14 under section 1144 of title 10, United States Code, relating 

15 to the submittal of claims to the Secretary of Veterans Af16 fairs for compensation under chapter 11 or 13 of title 38, 

17 United States Code. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 18 months 

20 after the date of the enactment of this Act, the Sec21 retary of Defense shall submit to Congress a report on 

22 participation of veterans service organizations in the 

23 program carried out under section 1144 of title 10, 

24 United States Code. 


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1 (2) CONTENTS.—The report required by para2 graph (1) shall include the following: 

3 (A) An assessment of the compliance of fa4 cilities of the Department of Defense with the di5 rectives included in the memorandum of the Sec6 retary of Defense entitled ‘‘Installation Access 

7 and Support Services for Nonprofit Non-Federal 

8 Entities’’ and dated December 23, 2014. 

9 (B) The number of military bases that have 

10 complied with such directives. 

11 (C) How many veterans service organiza12 tions have been present at a portion of a pro13 gram as described in subsection (a). 

14 (c) VETERANS SERVICE ORGANIZATION DEFINED.—In 

15 this section, the term ‘‘veterans service organization’’ means 

16 any organization recognized by the Secretary for the rep17 resentation of veterans under section 5902 of title 38. 

18 SEC. 202. REQUIREMENT THAT SECRETARY OF VETERANS 

19 AFFAIRS PUBLISH THE AVERAGE TIME RE20 QUIRED TO ADJUDICATE TIMELY AND UN21 TIMELY APPEALS. 

22 (a) PUBLICATION REQUIREMENT.— 

23 (1) IN GENERAL.—On an ongoing basis, the Sec24 retary of Veterans Affairs shall make available to the 

25 public the following: 


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1 (A) The average length of time to adjudicate 

2 a timely appeal. 

3 (B) The average length of time to adjudicate 

4 an untimely appeal. 

5 (2) EFFECTIVE DATE.—Paragraph (1) shall take 

6 effect on the date that is one year after the date of the 

7 enactment of this Act and shall apply until the date 

8 that is three years after the date of the enactment of 

9 this Act. 

10 (b) REPORT.— 

11 (1) IN GENERAL.—Not later than 39 months 

12 after the date of the enactment of this Act, the Sec13 retary shall submit to the Committee on Veterans’ Af14 fairs of the Senate and the Committee on Veterans’ 

15 Affairs of the House of Representatives a report on 

16 whether publication pursuant to subsection (a)(1) has 

17 had an effect on the number of timely appeals filed. 

18 (2) CONTENTS.—The report required by para19 graph (1) shall include the following: 

20 (A) The number of appeals and timely ap21 peals that were filed during the one-year period 

22 ending on the effective date specified in sub23 section (a)(2). 

24 (B) The number of appeals and timely ap25 peals that were filed during the one-year period 


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1 ending on the date that is two years after the ef2 fective date specified in subsection (a)(2). 

3 (c) DEFINITIONS.—In this section: 

4 (1) APPEAL.—The term ‘‘appeal’’ means a notice 

5 of disagreement filed pursuant to section 7105(a) of 

6 title 38, United States Code, in response to notice of 

7 the result of an initial review or determination re8 garding a claim for a benefit under a law adminis9 tered by the Secretary of Veterans Affairs. 

10 (2) TIMELY.—The term ‘‘timely’’ with respect to 

11 an appeal means that the notice of disagreement was 

12 filed not more than 180 days after the date of mailing 

13 of the notice of the result of the initial review or de14 termination described in paragraph (1). 

15 (3) UNTIMELY.—The term ‘‘untimely’’ with re16 spect to an appeal means the notice of disagreement 

17 was filed more than 180 days after the date of mail18 ing of the notice of the result of the initial review or 

19 determination described in paragraph (1). 

20 SEC. 203. DETERMINATION OF MANNER OF APPEARANCE 

21 FOR HEARINGS BEFORE BOARD OF VET22 ERANS’ APPEALS. 

23 (a) IN GENERAL.—Section 7107 of title 38, United 

24 States Code, is amended— 

25 (1) by striking subsection (e); 


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1 (2) by redesignating subsections (d) and (f) as 

2 subsections (f) and (g), respectively; 

3 (3) by inserting after subsection (c) the following 

4 new subsections (d) and (e): 

5 ‘‘(d)(1) Subject to paragraph (2), a hearing before the 

6 Board shall be conducted, as the Board considers appro7 priate— 

8 ‘‘(A) in person; or 

9 ‘‘(B) through picture and voice transmission, by 

10 electronic or other means, in such manner that the 

11 appellant is not present in the same location as the 

12 member or members of the Board during the hearing. 

13 ‘‘(2) Upon request by an appellant, a hearing before 

14 the Board shall be conducted, as the appellant considers ap15 propriate— 

16 ‘‘(A) in person; or 

17 ‘‘(B) through picture and voice transmission as 

18 described in paragraph (1)(B). 

19 ‘‘(e)(1) In a case in which a hearing before the Board 

20 is to be conducted through picture and voice transmission 

21 as described in subsection (d)(1)(B), the Secretary shall 

22 provide suitable facilities and equipment to the Board or 

23 other components of the Department to enable an appellant 

24 located at an appropriate facility within the area served 

25 by a regional office to participate as so described. 


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1 ‘‘(2) Any hearing conducted through picture and voice 

2 transmission as described in subsection (d)(1)(B) shall be 

3 conducted in the same manner as, and shall be considered 

4 the equivalent of, a personal hearing.’’; and 

5 (4) in subsection (f)(1), as redesignated by para6 graph (2), by striking ‘‘An appellant may request’’ 

7 and all that follows through ‘‘office of the Depart8 ment’’ and inserting ‘‘In a case in which a hearing 

9 before the Board is to be conducted in person, the 

10 hearing shall be held at the principal location of the 

11 Board or at a facility of the Department located with12 in the area served by a regional office of the Depart13 ment’’. 

14 (b) CONFORMING AMENDMENT.—Subsection (a)(1) of 

15 such section is amended by striking ‘‘in subsection (f)’’ and 

16 inserting ‘‘in subsection (g)’’. 

17 (c) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall apply with respect to cases received by the 

19 Board of Veterans’ Appeals pursuant to notices of disagree20 ment submitted on or after the date of the enactment of this 

21 Act. 


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1 Subtitle B—Practices of Regional 

2 Offices Relating to Benefits Claims 

3 SEC. 211. COMPTROLLER GENERAL REVIEW OF CLAIMS 

4 PROCESSING PERFORMANCE OF REGIONAL 

5 OFFICES OF VETERANS BENEFITS ADMINIS6 TRATION. 

7 (a) REVIEW REQUIRED.—Not later than 15 months 

8 after the effective date specified in subsection (e), the Comp9 troller General of the United States shall complete a review 

10 of the regional offices of the Veterans Benefits Administra11 tion to help the Veterans Benefits Administration achieve 

12 more consistent performance in the processing of claims for 

13 disability compensation. 

14 (b) ELEMENTS.—The review required by subsection (a) 

15 shall include the following: 

16 (1) An identification of the following: 

17 (A) The factors, including management 

18 practices, that distinguish higher performing re19 gional offices from other regional offices with re20 spect to claims for disability compensation. 

21 (B) The best practices employed by higher 

22 performing regional offices that distinguish the 

23 performance of such offices from other regional 

24 offices. 


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1 (C) Such other management practices or 

2 tools as the Comptroller General determines 

3 could be used to improve the performance of re4 gional offices. 

5 (2) An assessment of the effectiveness of commu6 nication with respect to the processing of claims for 

7 disability compensation between the regional offices 

8 and veterans service organizations and caseworkers 

9 employed by Members of Congress. 

10 (c) REPORT.—Not later than 15 months after the effec11 tive date specified in subsection (e), the Comptroller General 

12 shall submit to the Committee on Veterans’ Affairs of the 

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

14 of Representatives a report on the results of the review com15 pleted under subsection (a). 

16 (d) VETERANS SERVICE ORGANIZATION DEFINED.—In 

17 this section, the term ‘‘veterans service organization’’ means 

18 any organization recognized by the Secretary for the rep19 resentation of veterans under section 5902 of title 38, 

20 United States Code. 

21 (e) EFFECTIVE DATE.—This section shall take effect on 

22 the date that is 270 days after the date of the enactment 

23 of this Act. 


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1 SEC. 212. INCLUSION IN ANNUAL BUDGET SUBMISSION OF 

2 INFORMATION ON CAPACITY OF VETERANS 

3 BENEFITS ADMINISTRATION TO PROCESS 

4 BENEFITS CLAIMS. 

5 (a) IN GENERAL.—Along with the supporting infor6 mation included in the budget submitted to Congress by the 

7 President pursuant to section 1105(a) of title 31, United 

8 States Code, the President shall include information on the 

9 capacity of the Veterans Benefits Administration to process 

10 claims for benefits under the laws administered by the Sec11 retary of Veterans Affairs, including information described 

12 in subsection (b), during the fiscal year covered by the budg13 et with which the information is submitted. 

14 (b) INFORMATION DESCRIBED.—The information de15 scribed in this subsection is the following: 

16 (1) An estimate of the average number of claims 

17 for benefits under the laws administered by the Sec18 retary, excluding such claims completed during man19 datory overtime, that a single full-time equivalent em20 ployee of the Administration can process in a year, 

21 based on the following: 

22 (A) A time and motion study that the Sec23 retary shall conduct on the processing of such 

24 claims. 

25 (B) Such other information relating to such 

26 claims as the Secretary considers appropriate. 


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1 (2) A description of the actions the Secretary 

2 will take to improve the processing of such claims. 

3 (3) An assessment of the actions identified by the 

4 Secretary under paragraph (2) in the previous year 

5 and an identification of the effects of those actions. 

6 (c) EFFECTIVE DATE.—This section shall apply with 

7 respect to any budget submitted as described in subsection 

8 (a) with respect to any fiscal year after fiscal year 2017. 

9 SEC. 213. REPORT ON STAFFING LEVELS AT REGIONAL OF10 FICES OF DEPARTMENT OF VETERANS AF11 FAIRS AFTER TRANSITION TO NATIONAL 

12 WORK QUEUE. 

13 Not later than 15 months after the date of the enact14 ment of this Act, the Secretary of Veterans Affairs shall sub15 mit to the Committee on Veterans’ Affairs of the Senate and 

16 the Committee on Veterans’ Affairs of the House of Rep17 resentatives a report on the criteria and procedures that 

18 the Secretary will use to determine appropriate staffing lev19 els at the regional offices of the Department once the De20 partment has transitioned to using the National Work 

21 Queue for the distribution of the claims processing work22 load. 


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1 SEC. 214. ANNUAL REPORT ON PROGRESS IN IMPLE2 MENTING VETERANS BENEFITS MANAGE3 MENT SYSTEM. 

4 (a) IN GENERAL.—Not later than each of one year, 

5 two years, and three years after the date of the enactment 

6 of this Act, the Secretary of Veterans Affairs shall submit 

7 to Congress a report on the progress of the Secretary in 

8 implementing the Veterans Benefits Management System. 

9 (b) CONTENTS.—Each report required by subsection 

10 (a) shall include the following: 

11 (1) An assessment of the current functionality of 

12 the Veterans Benefits Management System. 

13 (2) Recommendations submitted to the Secretary 

14 by employees of the Department of Veterans Affairs 

15 who are involved in processing claims for benefits 

16 under the laws administered by the Secretary, includ17 ing veterans service representatives, rating veterans 

18 service representatives, and decision review officers, 

19 for such legislative or administrative action as the 

20 employees consider appropriate to improve the proc21 essing of such claims. 

22 (3) Recommendations submitted to the Secretary 

23 by veterans service organizations who use the Veterans 

24 Benefits Management System for such legislative or 

25 administrative action as the veterans service organi26 zations consider appropriate to improve such system. 


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1 (c) VETERANS SERVICE ORGANIZATION DEFINED.—In 

2 this section, the term ‘‘veterans service organization’’ means 

3 any organization recognized by the Secretary for the rep4 resentation of veterans under section 5902 of title 38, 

5 United States Code. 

6 SEC. 215. REPORT ON PLANS OF SECRETARY OF VETERANS 

7 AFFAIRS TO REDUCE INVENTORY OF NON8 RATING WORKLOAD. 

9 Not later than 120 days after the date of the enactment 

10 of this Act, the Secretary of Veterans Affairs shall submit 

11 to the Committee on Veterans’ Affairs of the Senate and 

12 the Committee on Veterans’ Affairs of the House of Rep13 resentatives a report that details the plans of the Secretary 

14 to reduce the inventory of work items listed in the Monday 

15 Morning Workload Report under End Products 130, 137, 

16 173, 290, 400, 600, 607, 690, 930, and 960. 

17 SEC. 216. SENSE OF CONGRESS ON INCREASED TRANS18 PARENCY RELATING TO CLAIMS FOR BENE19 FITS AND APPEALS OF DECISIONS RELATING 

20 TO BENEFITS IN MONDAY MORNING WORK21 LOAD REPORT. 

22 It is the sense of Congress that the Secretary of Vet23 erans Affairs should include in each Monday Morning 

24 Workload Report published by the Secretary the following: 


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1 (1) With respect to each regional office of the De2 partment of Veterans Affairs, the following: 

3 (A) The number of fully developed claims 

4 for benefits under the laws administered by the 

5 Secretary that have been received. 

6 (B) The number of claims described in sub7 paragraph (A) that are pending a decision. 

8 (C) The number of claims described in sub9 paragraph (A) that have been pending a decision 

10 for more than 125 days. 

11 (2) Enhanced information on appeals of deci12 sions relating to claims for benefits under the laws 

13 administered by the Secretary that are pending, in14 cluding information contained in the reports of the 

15 Department entitled ‘‘Appeals Pending’’ and ‘‘Ap16 peals Workload By Station’’. 

17 Subtitle C—Other Benefits Matters 

18 SEC. 221. MODIFICATION OF PILOT PROGRAM FOR USE OF 

19 CONTRACT PHYSICIANS FOR DISABILITY EX20 AMINATIONS. 

21 Section 504 of the Veterans’ Benefits Improvement Act 

22 of 1996 (Public Law 104–275; 38 U.S.C. 5101 note) is 

23 amended— 

24 (1) by redesignating subsections (c) and (d) as 

25 subsections (d) and (e), respectively; and 


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1 (2) by inserting after subsection (b) the following 

2 new subsection (c): 

3 ‘‘(c) LICENSURE OF CONTRACT PHYSICIANS.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any law re5 garding the licensure of physicians, a physician de6 scribed in paragraph (2) may conduct an examina7 tion pursuant to a contract entered into under sub8 section (a) at any location in any State, the District 

9 of Columbia, or a Commonwealth, territory, or posses10 sion of the United States, so long as the examination 

11 is within the scope of the authorized duties under 

12 such contract. 

13 ‘‘(2) PHYSICIAN DESCRIBED.—A physician de14 scribed in this paragraph is a physician who— 

15 ‘‘(A) has a current license to practice the 

16 health care profession of the physician; and 

17 ‘‘(B) is performing authorized duties for the 

18 Department of Veterans Affairs pursuant to a 

19 contract entered into under subsection (a).’’. 

20 SEC. 222. DEVELOPMENT OF PROCEDURES TO INCREASE 

21 COOPERATION WITH NATIONAL GUARD BU22 REAU. 

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

24 and the Chief of the National Guard Bureau shall jointly 

25 develop and implement procedures, including requirements 


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1 relating to timeliness, to improve the timely provision to 

2 the Secretary of such information in the possession of the 

3 Chief as the Secretary requires to process claims submitted 

4 to the Secretary for benefits under the laws administered 

5 by the Secretary. 

6 (b) REPORT.—Not later than one year after the imple7 mentation of the procedures under subsection (a), the Sec8 retary and the Chief shall jointly submit to Congress a re9 port describing— 

10 (1) the requests for information relating to 

11 records of members of the National Guard made by 

12 the Secretary to the Chief pursuant to such proce13 dures; and 

14 (2) the timeliness of the responses of the Chief to 

15 such requests. 

16 SEC. 223. REVIEW OF DETERMINATION OF CERTAIN SERV17 ICE IN PHILIPPINES DURING WORLD WAR II. 

18 (a) IN GENERAL.—The Secretary of Veterans Affairs, 

19 in consultation with the Secretary of Defense and such mili20 tary historians as the Secretary of Defense recommends, 

21 shall review the process used to determine whether a covered 

22 individual served in support of the Armed Forces of the 

23 United States during World War II in accordance with sec24 tion 1002(d) of title X of Division A of the American Recov25 ery and Reinvestment Act of 2009 (Public Law 111–5; 38 


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1 U.S.C. 107 note) for purposes of determining whether such 

2 covered individual is eligible for payments described in such 

3 section. 

4 (b) COVERED INDIVIDUALS.—In this section, a covered 

5 individual is any individual who timely submitted a claim 

6 for benefits under subsection (c) of section 1002 of title X 

7 of Division A of the American Recovery and Reinvestment 

8 Act of 2009 (Public Law 111–5; 38 U.S.C. 107 note) based 

9 on service as described in subsection (d) of that section. 

10 (c) REPORT.—Not later than 90 days after the date 

11 of the enactment of this Act, the Secretary of Veterans Af12 fairs shall submit to the Committee on Veterans’ Affairs of 

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

14 House of Representatives a report detailing any findings, 

15 actions taken, or recommendations for legislative action 

16 with respect to the review conducted under subsection (a). 

17 (d) PROHIBITION ON BENEFITS FOR DISQUALIFYING

18 CONDUCT UNDER NEW PROCESS PURSUANT TO REVIEW.— 

19 If pursuant to the review conducted under subsection (a) 

20 the Secretary of Veterans Affairs determines to establish a 

21 new process for the making of payments as described in that 

22 subsection, the process shall include mechanisms to ensure 

23 that individuals are not treated as covered individuals for 

24 purposes of such payments if such individuals engaged in 

25 any disqualifying conduct during service described in that 


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1 subsection, including collaboration with the enemy or 

2 criminal conduct. 

3 SEC. 224. REPORTS ON DEPARTMENT DISABILITY MEDICAL 

4 EXAMINATIONS AND PREVENTION OF UNNEC5 ESSARY MEDICAL EXAMINATIONS. 

6 (a) REPORT ON DISABILITY MEDICAL EXAMINATIONS

7 FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS.— 

8 (1) IN GENERAL.—Not later than 18 months 

9 after the date of the enactment of this Act, the Sec10 retary of Veterans Affairs shall submit to the Com11 mittee on Veterans’ Affairs of the Senate and the 

12 Committee on Veterans’ Affairs of the House of Rep13 resentatives a report on the furnishing of general 

14 medical and specialty medical examinations by the 

15 Department of Veterans Affairs for purposes of adju16 dicating claims for benefits under laws administered 

17 by the Secretary. 

18 (2) CONTENTS.—The report submitted under 

19 paragraph (1) shall include the following: 

20 (A) The number of general medical exami21 nations furnished by the Department during the 

22 period of fiscal years 2011 through 2014 for pur23 poses of adjudicating claims for benefits under 

24 laws administered by the Secretary. 


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1 (B) The number of general medical exami2 nations furnished by the Department during the 

3 period of fiscal years 2011 through 2014 for pur4 poses of adjudicating a claim in which a com5 prehensive joint examination was conducted, but 

6 for which no disability relating to a joint, bone, 

7 or muscle had been asserted as an issue in the 

8 claim. 

9 (C) The number of specialty medical exami10 nations furnished by the Department during the 

11 period of fiscal years 2011 through 2014 for pur12 poses of adjudicating a claim. 

13 (D) The number of specialty medical exami14 nations furnished by the Department during the 

15 period of fiscal years 2011 through 2014 for pur16 poses of adjudicating a claim in which one or 

17 more joint examinations were conducted. 

18 (E) A summary with citations to any med19 ical and scientific studies that provide a basis 

20 for determining that three repetitions is adequate 

21 to determine the effect of repetitive use on func22 tional impairments. 

23 (F) The names of all examination reports, 

24 including general medical examinations and 

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1 uation of compensation and pension disability 

2 claims which require measurement of repeated 

3 ranges of motion testing and the number of ex4 aminations requiring such measurements which 

5 were conducted in fiscal year 2014. 

6 (G) The average amount of time taken by 

7 an individual conducting a medical examination 

8 to perform the three repetitions of movement of 

9 each joint. 

10 (H) A discussion of whether there are more 

11 efficient and effective scientifically reliable meth12 ods of testing for functional loss on repetitive use 

13 of an extremity other than the three time repeti14 tion currently used by the Department. 

15 (I) Recommendations as to the continuation 

16 of the practice of measuring functional impair17 ment by using three repetitions of movement of 

18 each joint during the examination as a criteria 

19 for evaluating the effect of repetitive motion on 

20 functional impairment with supporting ration21 ale. 

22 (b) REPORT AND PLAN TO PREVENT THE ORDERING

23 OF UNNECESSARY MEDICAL EXAMINATIONS.— 

24 (1) IN GENERAL.—Not later than 18 months 

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1 retary shall submit to the Committee on Veterans’ Af2 fairs of the Senate and the Committee on Veterans’ 

3 Affairs of the House of Representatives a report on 

4 the efforts of the Secretary in reducing the necessity 

5 for in-person disability examinations and other ef6 forts to comply with the provisions of section 5125 of 

7 title 38, United States Code. 

8 (2) CONTENTS.—The report required by para9 graph (1) shall include the following: 

10 (A) Criteria used by the Secretary to deter11 mine if a claim is eligible for the Acceptable 

12 Clinical Evidence initiative. 

13 (B) The number of claims determined to be 

14 eligible for the Acceptable Clinical Evidence ini15 tiative during the period beginning on the date 

16 of the initiation of the initiative and ending on 

17 the date of the enactment of this Act, 

18 disaggregated— 

19 (i) by fiscal year; and 

20 (ii) by claims determined eligible based 

21 in whole or in part on medical evidence 

22 provided by a private health care provider. 

23 (C) The total number of claims determined 

24 to be eligible for the Acceptable Clinical Evidence 

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1 partment to supplement the evidence with infor2 mation obtained during a telephone interview 

3 with a claimant or health care provider. 

4 (D) Information on any other initiatives or 

5 efforts, including Disability Benefits Question6 naires, of the Department to further encourage 

7 the use of medical evidence provided by a private 

8 health care provider and reliance upon reports of 

9 a medical examination administered by a pri10 vate physician if the report is sufficiently com11 plete to be adequate for the purposes of adjudi12 cating a claim. 

13 (E) A plan— 

14 (i) to measure, track, and prevent the 

15 ordering of unnecessary medical examina16 tions when the provision by a claimant of 

17 a medical examination administered by a 

18 private physician in support of a claim for 

19 benefits under chapter 11 or 15 of title 38, 

20 United States Code, is adequate for the pur21 pose of making a decision on that claim; 

22 and 

23 (ii) that includes the actions the Sec24 retary will take to eliminate any request by 

25 the Department for a medical examination 


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1 in the case of a claim for benefits under 

2 chapter 11 or 15 of such title in support of 

3 which a claimant submits medical evidence 

4 or a medical opinion provided by a private 

5 health care provider that is competent, cred6 ible, probative, and otherwise adequate for 

7 purposes of making a decision on that 

8 claim. 

9 SEC. 225. SENSE OF CONGRESS ON SUBMITTAL OF INFOR10 MATION RELATING TO CLAIMS FOR DISABIL11 ITIES INCURRED OR AGGRAVATED BY MILI12 TARY SEXUAL TRAUMA. 

13 (a) IN GENERAL.—It is the sense of Congress that the 

14 Secretary of Veterans Affairs should submit to Congress in15 formation on the covered claims submitted to the Secretary 

16 during each fiscal year, including the information specified 

17 in subsection (b). 

18 (b) ELEMENTS.—The information specified in this 

19 subsection with respect to each fiscal year is the following: 

20 (1) The number of covered claims submitted to or 

21 considered by the Secretary during such fiscal year. 

22 (2) Of the covered claims under paragraph (1), 

23 the number and percentage of such claims— 

24 (A) submitted by each gender; 


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1 (B) that were approved, including the num2 ber and percentage of such approved claims sub3 mitted by each gender; and 

4 (C) that were denied, including the number 

5 and percentage of such denied claims submitted 

6 by each gender. 

7 (3) Of the covered claims under paragraph (1) 

8 that were approved, the number and percentage, listed 

9 by each gender, of claims assigned to each rating per10 centage of disability. 

11 (4) Of the covered claims under paragraph (1) 

12 that were denied— 

13 (A) the three most common reasons given by 

14 the Secretary under section 5104(b)(1) of title 

15 38, United States Code, for such denials; and 

16 (B) the number of denials that were based 

17 on the failure of a veteran to report for a med18 ical examination. 

19 (5) Of the covered claims under paragraph (1) 

20 that were resubmitted to the Secretary after denial in 

21 a previous adjudication— 

22 (A) the number of such claims submitted to 

23 or considered by the Secretary during such fiscal 

24 year; 


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1 (B) the number and percentage of such 

2 claims— 

3 (i) submitted by each gender; 

4 (ii) that were approved, including the 

5 number and percentage of such approved 

6 claims submitted by each gender; and 

7 (iii) that were denied, including the 

8 number and percentage of such denied 

9 claims submitted by each gender; 

10 (C) the number and percentage, listed by 

11 each gender, of claims assigned to each rating 

12 percentage of disability; and 

13 (D) of such claims that were again de14 nied— 

15 (i) the three most common reasons 

16 given by the Secretary under section 

17 5104(b)(1) of such title for such denials; 

18 and 

19 (ii) the number of denials that were 

20 based on the failure of a veteran to report 

21 for a medical examination. 

22 (6) The number of covered claims that, as of the 

23 end of such fiscal year, are pending and, separately, 

24 the number of such claims on appeal. 


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1 (7) The average number of days that covered 

2 claims take to complete beginning on the date on 

3 which the claim is submitted. 

4 (c) DEFINITIONS.—In this section: 

5 (1) COVERED CLAIMS.—The term ‘‘covered 

6 claims’’ means claims for disability compensation 

7 submitted to the Secretary based on post-traumatic 

8 stress disorder alleged to have been incurred or aggra9 vated by military sexual trauma. 

10 (2) MILITARY SEXUAL TRAUMA.—The term 

11 ‘‘military sexual trauma’’ shall have the meaning 

12 specified by the Secretary for purposes of this section 

13 and shall include ‘‘sexual harassment’’ (as so speci14 fied). 

15 TITLE III—EDUCATION MATTERS 

16 SEC. 301. RETENTION OF ENTITLEMENT TO EDUCATIONAL 

17 ASSISTANCE DURING CERTAIN ADDITIONAL 

18 PERIODS OF ACTIVE DUTY. 

19 (a) EDUCATIONAL ASSISTANCE ALLOWANCE.—Section 

20 16131(c)(3)(B)(i) of title 10, United States Code, is amend21 ed by striking ‘‘or 12304’’ and inserting ‘‘12304, 12304a, 

22 or 12304b’’. 

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

24 title is amended by striking ‘‘or 12304’’ and inserting 

25 ‘‘12304, 12304a, or 12304b’’. 


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1 SEC. 302. REPORTS ON PROGRESS OF STUDENTS RECEIV2 ING POST-9/11 EDUCATIONAL ASSISTANCE. 

3 (a) IN GENERAL.—Chapter 33 of title 38, United 

4 States Code, is amended— 

5 (1) in subsection 3325(c)— 

6 (A) in paragraph (2), by striking ‘‘and’’ 

7 after the semicolon; 

8 (B) by redesignating paragraph (3) as 

9 paragraph (4); and 

10 (C) by inserting after paragraph (2) the fol11 lowing new paragraph (3): 

12 ‘‘(3) the information received by the Secretary 

13 under section 3326 of this title; and’’; and 

14 (2) by adding at the end the following new sec15 tion: 

16 ‘‘§ 3326. Report on student progress 

17 ‘‘As a condition on approval under chapter 36 of this 

18 title of a course offered by an educational institution (as 

19 defined in section 3452 of this title), each year, each edu20 cational institution (as so defined) that received a payment 

21 in that year on behalf of an individual entitled to edu22 cational assistance under this chapter shall submit to the 

23 Secretary such information regarding the academic 

24 progress of the individual as the Secretary may require.’’. 


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

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

3 end the following new item: 

‘‘3326. Report on student progress.’’. 

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

5 section shall take effect on the date that is one year after 

6 the date of the enactment of this Act. 

7 SEC. 303. SECRETARY OF DEFENSE REPORT ON LEVEL OF 

8 EDUCATION ATTAINED BY THOSE WHO 

9 TRANSFER ENTITLEMENT TO POST-9/11 EDU10 CATIONAL ASSISTANCE. 

11 (a) IN GENERAL.—Section 3325(b)(1) of title 38, 

12 United States Code, is amended— 

13 (1) in subparagraph (B), by striking ‘‘and’’ after 

14 the semicolon; and 

15 (2) by adding at the end the following new sub16 paragraph: 

17 ‘‘(D) indicating the highest level of edu18 cation attained by each individual who transfers 

19 a portion of the individual’s entitlement to edu20 cational assistance under section 3319 of this 

21 title; and’’. 

22 (b) EFFECTIVE DATE.—The amendments made by sub23 section (a) shall take effect on the date that is one year after 

24 the date of the enactment of this Act. 


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1 SEC. 304. REPORTS ON EDUCATIONAL LEVELS ATTAINED BY 

2 CERTAIN MEMBERS OF THE ARMED FORCES 

3 AT TIME OF SEPARATION FROM THE ARMED 

4 FORCES. 

5 (a) ANNUAL REPORTS REQUIRED.—Each Secretary 

6 concerned shall submit to Congress each year a report on 

7 the educational levels attained by members of the Armed 

8 Forces described in subsection (b) under the jurisdiction of 

9 such Secretary who separated from the Armed Forces dur10 ing the preceding year. 

11 (b) COVERED MEMBERS.—The members of the Armed 

12 Forces described in this subsection are members of the 

13 Armed Forces who transferred unused education benefits to 

14 family members pursuant to section 3319 of title 38, United 

15 States Code, while serving as members of the Armed Forces. 

16 (c) SECRETARY CONCERNED DEFINED.—In this sec17 tion, the term ‘‘Secretary concerned’’ has the meaning given 

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

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

20 on the date that is one year after the date of the enactment 

21 of this Act. 


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1 TITLE IV—EMPLOYMENT AND 

2 TRANSITION MATTERS 

3 SEC. 401. REQUIRED COORDINATION BETWEEN DIRECTORS 

4 FOR VETERANS’ EMPLOYMENT AND TRAINING 

5 WITH STATE DEPARTMENTS OF LABOR AND 

6 VETERANS AFFAIRS. 

7 (a) IN GENERAL.—Section 4103 of title 38, United 

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

9 new subsection: 

10 ‘‘(c) COORDINATION WITH STATE DEPARTMENTS OF

11 LABOR AND VETERANS AFFAIRS.—Each Director for Vet12 erans’ Employment and Training for a State shall coordi13 nate the Director’s activities under this chapter with the 

14 State department of labor and the State department of vet15 erans affairs.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by sub17 section (a) shall take effect on the date that is one year after 

18 the date of the enactment of this Act. 

19 SEC. 402. REPORT ON JOB FAIRS ATTENDED BY ONE-STOP 

20 CAREER CENTER EMPLOYEES AT WHICH 

21 SUCH EMPLOYEES ENCOUNTER VETERANS. 

22 (a) IN GENERAL.—Section 136(d)(1) of the Workforce 

23 Investment Act of 1998 (29 U.S.C. 2871(d)(1)) is amended 

24 by adding at the end the following new sentence: ‘‘The re25 port also shall include information, for the year preceding 


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1 the year the report is submitted, on the number of job fairs 

2 attended by One-Stop Career Center employees at which the 

3 employees had contact with a veteran, and the number of 

4 veterans contacted at each such job fair.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall take effect on the date that is one year after 

7 the date of the enactment of this Act. 

8 SEC. 403. REVIEW OF CHALLENGES FACED BY EMPLOYERS 

9 SEEKING TO HIRE VETERANS AND SHARING 

10 OF INFORMATION AMONG FEDERAL AGEN11 CIES THAT SERVE VETERANS. 

12 (a) REVIEW.— 

13 (1) IN GENERAL.—The Secretary of Labor, in 

14 consultation with the Secretary of Defense and the 

15 Secretary of Veterans Affairs, shall conduct a review 

16 of— 

17 (A) the challenges faced by employers seek18 ing to hire veterans; and 

19 (B) information sharing among Federal de20 partments and agencies that serve veterans and 

21 members of the Armed Forces who are separating 

22 from service. 

23 (2) MATTERS REVIEWED.—In conducting the re24 view required by paragraph (1), the Secretary of 

25 Labor shall examine the following: 


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1 (A) The barriers employers face in gaining 

2 information identifying veterans who are seeking 

3 jobs. 

4 (B) The extent and quality of information 

5 sharing among Federal departments and agen6 cies that serve veterans and members of the 

7 Armed Forces who are separating from service, 

8 including how the departments and agencies 

9 may more easily connect employers with such 

10 veterans and members. 

11 (b) REPORT.— 

12 (1) IN GENERAL.—Not later than 120 days after 

13 the effective date specified in subsection (c), the Sec14 retary of Labor shall submit to the appropriate com15 mittees of Congress a report on the review conducted 

16 under subsection (a). 

17 (2) CONTENTS.—The report required by para18 graph (1) shall include the following: 

19 (A) Recommendations for addressing the 

20 barriers described in subsection (a)(2)(A). 

21 (B) Recommendations for improving infor22 mation sharing described in subsection (a)(2)(B). 

23 (3) APPROPRIATE COMMITTEES OF CONGRESS

24 DEFINED.—In this subsection, the term ‘‘appropriate 

25 committees of Congress’’ means— 


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1 (A) the Committee on Armed Services and 

2 the Committee on Veterans’ Affairs of the Senate; 

3 and 

4 (B) the Committee on Armed Services and 

5 the Committee on Veterans’ Affairs of the House 

6 of Representatives. 

7 (c) EFFECTIVE DATE.—This section shall take effect 

8 on the date that is one year after the date of the enactment 

9 of this Act. 

10 SEC. 404. REVIEW OF TRANSITION GPS PROGRAM CORE 

11 CURRICULUM. 

12 (a) REVIEW.— 

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

14 consultation with the Secretary of Veterans Affairs 

15 and the Secretary of Labor, shall conduct a review of 

16 the Department of Defense Transition GPS Program 

17 Core Curriculum in effect on the date of the enact18 ment of this Act. 

19 (2) MATTERS REVIEWED.—The review shall ex20 amine the following: 

21 (A) The Department of Defense Transition 

22 GPS Program Core Curriculum in effect on the 

23 date of the enactment of this Act. 

24 (B) The roles and responsibilities of each 

25 Federal department participating in the TransiVerDate Sep 11 2014 22:14 Oct 19, 2015 Jkt 059200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\S1203.RS S1203

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1 tion GPS Program and whether the various roles 

2 and responsibilities of the Federal departments 

3 are adequately aligned with one another. 

4 (C) The allotment of time spent on issues 

5 under the jurisdiction of each Federal depart6 ment participating in the Transition GPS Pro7 gram and whether the allotment is adequate to 

8 provide members of the Armed Forces with all 

9 the information the members need regarding im10 portant benefits that can assist members in 

11 transitioning out of military service. 

12 (D) Whether any of the information in the 

13 three optional tracks in the Transition GPS Pro14 gram Core Curriculum should be addressed more 

15 appropriately in mandatory tracks rather than 

16 optional tracks. 

17 (E) The benefits of and obstacles to estab18 lishing— 

19 (i) a standard implementation plan of 

20 long-term outcome measures for the Transi21 tion GPS Program; and 

22 (ii) a comprehensive system of metrics 

23 for such measures. 

24 (b) REPORT.— 


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1 (1) IN GENERAL.—Not later than 120 days after 

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

3 Defense, in consultation with the Secretary of Vet4 erans Affairs and the Secretary of Labor, shall submit 

5 to the appropriate committees of Congress a report on 

6 the review conducted under subsection (a). 

7 (2) CONTENTS.—The report required by para8 graph (1) shall include the following: 

9 (A) Recommendations for improving the 

10 Department of Defense Transition GPS Program 

11 Core Curriculum in order to more accurately ad12 dress the needs of members of the Armed Forces 

13 transitioning out of military service. 

14 (B) Recommendations for improving the 

15 roles and responsibilities described in subsection 

16 (a)(2)(B). 

17 (C) Recommendations for improving the al18 lotment of time described in subsection (a)(2)(C). 

19 (D) Such recommendations as the Secretary 

20 of Defense may have regarding the optional and 

21 mandatory tracks in the Transition GPS Pro22 gram Core Curriculum. 

23 (E) Such recommendations as the Secretary 

24 of Defense may have with respect to the outcome 


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1 measures and metrics described in subsection 

2 (a)(2)(E). 

3 (F) Identification of such other areas of 

4 concern as the Secretary of Defense may have 

5 with respect to the Transition GPS Program and 

6 such recommendations for legislative or adminis7 trative action as the Secretary may have to ad8 dress such concerns. 

9 (3) APPROPRIATE COMMITTEES OF CONGRESS

10 DEFINED.—In this subsection, the term ‘‘appropriate 

11 committees of Congress’’ means— 

12 (A) the Committee on Armed Services and 

13 the Committee on Veterans’ Affairs of the Senate; 

14 and 

15 (B) the Committee on Armed Services and 

16 the Committee on Veterans’ Affairs of the House 

17 of Representatives. 

18 SEC. 405. MODIFICATION OF REQUIREMENT FOR PROVI19 SION OF PRESEPARATION COUNSELING. 

20 (a) CLARIFICATION OF REQUIREMENT FOR 180 CON21 TINUOUS DAYS OF ACTIVE DUTY SERVICE.—Subparagraph 

22 (A) of section 1142(a)(4) of title 10, United States Code, 

23 is amended by inserting ‘‘continuous’’ before ‘‘180 days’’. 


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1 (b) EXCLUSION OF TRAINING FROM PERIODS OF AC2 TIVE DUTY.—Such section is further amended by adding 

3 at the end the following new subparagraph: 

4 ‘‘(C) For purposes of subparagraph (A), the term ‘ac5 tive duty’ does not include full-time training duty, annual 

6 training duty, and attendance, while in the active military 

7 service, at a school designated as a service school by law 

8 or by the Secretary concerned.’’. 

9 TITLE V—VETERAN SMALL 

10 BUSINESS MATTERS 

11 SEC. 501. MODIFICATION OF TREATMENT UNDER CON12 TRACTING GOALS AND PREFERENCES OF DE13 PARTMENT OF VETERANS AFFAIRS FOR 

14 SMALL BUSINESSES OWNED BY VETERANS OF 

15 SMALL BUSINESSES AFTER DEATH OF DIS16 ABLED VETERAN OWNERS. 

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

18 States Code, is amended— 

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

20 all that follows through ‘‘disability.’’ and inserting a 

21 period; and 

22 (2) in paragraph (2), by amending subpara23 graph (C) to read as follows: 

24 ‘‘(C) The date that— 


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

2 veteran with a service-connected disability rated 

3 as 100 percent disabling or who dies as a result 

4 of a service-connected disability, is 10 years after 

5 the date of the veteran’s death; or 

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

7 veteran with a service-connected disability rated 

8 as less than 100 percent disabling who does not 

9 die as a result of a service-connected disability, 

10 is three years after the date of the veteran’s 

11 death.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall take effect on the date that is 180 days 

14 after the date of the enactment of this Act and shall apply 

15 with respect to applications received pursuant to section 

16 8127(f)(2) of title 38, United States Code, that are verified 

17 on or after such date. 

18 SEC. 502. TREATMENT OF BUSINESSES AFTER DEATHS OF 

19 SERVICEMEMBER-OWNERS FOR PURPOSES OF 

20 DEPARTMENT OF VETERANS AFFAIRS CON21 TRACTING GOALS AND PREFERENCES. 

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

23 States Code, is amended— 

24 (1) by redesignating subsections (i) through (l) 

25 as subsections (j) through (m), respectively; and 


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1 (2) by inserting after subsection (h) the following 

2 new subsection (i): 

3 ‘‘(i) TREATMENT OF BUSINESSES AFTER DEATH OF

4 SERVICEMEMBER-OWNER.—(1) If a member of the Armed 

5 Forces owns at least 51 percent of a small business concern 

6 and such member is killed in line of duty in the active mili7 tary, naval, or air service, the surviving spouse or depend8 ent child of such member who acquires such ownership 

9 rights in such small business concern shall, for the period 

10 described in paragraph (2), be treated as if the surviving 

11 spouse or dependent child were a veteran with a service12 connected disability for purposes of determining the status 

13 of the small business concern as a small business concern 

14 owned and controlled by veterans for purposes of con15 tracting goals and preferences under this section. 

16 ‘‘(2) The period referred to in paragraph (1) is the 

17 period beginning on the date on which the member of the 

18 Armed Forces dies and ending on the date as follows: 

19 ‘‘(A) In the case of a surviving spouse, the ear20 liest of the following dates: 

21 ‘‘(i) The date on which the surviving spouse 

22 remarries. 

23 ‘‘(ii) The date on which the surviving 

24 spouse relinquishes an ownership interest in the 


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1 small business concern and no longer owns at 

2 least 51 percent of such small business concern. 

3 ‘‘(iii) The date that is ten years after the 

4 date of the member’s death. 

5 ‘‘(B) In the case of a dependent child, the earliest 

6 of the following dates: 

7 ‘‘(i) The date on which the surviving de8 pendent child relinquishes an ownership interest 

9 in the small business concern and no longer owns 

10 at least 51 percent of such small business con11 cern. 

12 ‘‘(ii) The date that is ten years after the 

13 date of the member’s death.’’. 

14 (b) EFFECTIVE DATE.—Subsection (i) of section 8127 

15 of such title, as added by subsection (a), shall take effect 

16 on the date of the enactment of this Act and shall apply 

17 with respect to the deaths of members of the Armed Forces 

18 occurring on or after such date. 


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1 TITLE VI—BURIAL MATTERS 

2 SEC. 601. DEPARTMENT OF VETERANS AFFAIRS STUDY ON 

3 MATTERS RELATING TO BURIAL OF UN4 CLAIMED REMAINS OF VETERANS IN NA5 TIONAL CEMETERIES. 

6 (a) STUDY AND REPORT REQUIRED.—Not later than 

7 one year after the effective date specified in subsection (d), 

8 the Secretary of Veterans Affairs shall— 

9 (1) complete a study on matters relating to the 

10 interring of unclaimed remains of veterans in na11 tional cemeteries under the control of the National 

12 Cemetery Administration; and 

13 (2) submit to Congress a report on the findings 

14 of the Secretary with respect to the study required 

15 under paragraph (1). 

16 (b) MATTERS STUDIED.—The matters studied under 

17 subsection (a)(1) shall include the following: 

18 (1) Determining the scope of issues relating to 

19 unclaimed remains of veterans, including an estimate 

20 of the number of unclaimed remains of veterans. 

21 (2) Assessing the effectiveness of the procedures of 

22 the Department of Veterans Affairs for working with 

23 persons or entities having custody of unclaimed re24 mains to facilitate interment of unclaimed remains of 


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1 veterans in national cemeteries under the control of 

2 the National Cemetery Administration. 

3 (3) Assessing State and local laws that affect the 

4 ability of the Secretary to inter unclaimed remains of 

5 veterans in national cemeteries under the control of 

6 the National Cemetery Administration. 

7 (4) Developing recommendations for such legisla8 tive or administrative action as the Secretary con9 siders appropriate. 

10 (c) METHODOLOGY.— 

11 (1) NUMBER OF UNCLAIMED REMAINS.—In esti12 mating the number of unclaimed remains of veterans 

13 under subsection (b)(1), the Secretary may review 

14 such subset of applicable entities as the Secretary con15 siders appropriate, including a subset of funeral 

16 homes and coroner offices that possess unclaimed vet17 erans remains. 

18 (2) ASSESSMENT OF STATE AND LOCAL LAWS.— 

19 In assessing State and local laws under subsection 

20 (b)(3), the Secretary may assess such sample of appli21 cable State and local laws as the Secretary considers 

22 appropriate in lieu of reviewing all applicable State 

23 and local laws. 


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

2 on the date that is one year after the date of the enactment 

3 of this Act. 

4 TITLE VII—OTHER MATTERS 

5 SEC. 701. HONORING AS VETERANS CERTAIN PERSONS WHO 

6 PERFORMED SERVICE IN THE RESERVE COM7 PONENTS OF THE ARMED FORCES. 

8 Any person who is entitled under chapter 1223 of title 

9 10, United States Code, to retired pay for nonregular serv10 ice or, but for age, would be entitled under such chapter 

11 to retired pay for nonregular service shall be honored as 

12 a veteran but shall not be entitled to any benefit by reason 

13 of this honor. 

14 SEC. 702. REPORT ON LAOTIAN MILITARY SUPPORT OF 

15 ARMED FORCES OF THE UNITED STATES DUR16 ING VIETNAM WAR. 

17 (a) IN GENERAL.—Not later than one year after the 

18 effective date specified in subsection (c), the Secretary of 

19 Veterans Affairs, in consultation with the Secretary of De20 fense and such agencies and individuals as the Secretary 

21 of Veterans Affairs considers appropriate, shall submit to 

22 the appropriate committees of Congress a report on— 

23 (1) the extent to which Laotian military forces 

24 provided combat support to the Armed Forces of the 


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1 United States between February 28, 1961, and May 

2 15, 1975; 

3 (2) whether the current classification by the Ci4 vilian/Military Service Review Board of the Depart5 ment of Defense of service by individuals of Hmong 

6 ethnicity is appropriate; and 

7 (3) such recommendations as the Secretary of 

8 Veterans Affairs may have for legislative action. 

9 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

10 this section, the term ‘‘appropriate committees of Congress’’ 

11 means— 

12 (1) the Committee on Armed Services and the 

13 Committee on Veterans’ Affairs of the Senate; and 

14 (2) the Committee on Armed Services and the 

15 Committee on Veterans’ Affairs of the House of Rep16 resentatives. 

17 (c) EFFECTIVE DATE.—This section shall take effect 

18 on the date that is one year after the date of the enactment 

19 of this Act. 

20 SEC. 703. RESTORATION OF PRIOR REPORTING FEE MULTI21 PLIERS. 

22 During the 10-year period beginning on September 26, 

23 2015, the second sentence of subsection (c) of section 3684 

24 of title 38, United States Code, shall be applied— 

25 (1) by substituting ‘‘$7’’ for ‘‘$12’’; and 


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1 (2) by substituting ‘‘$11’’ for ‘‘$15’’. 

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to improve the furnishing of 

health care to veterans by the Department of Veterans 

Affairs, to improve the processing by the Department of 

claims for disability compensation, and for other purposes.’’. 


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Calendar No. 267 

114TH CONGRESS 

1ST SESSION S. 1203 

[Report No. 114–153] 

A BILL 

To amend title 38, United States Code, to improve 

for other purposes. tered by the Secretary of Veterans Affairs, and Affairs of claims for benefits under laws administhe processing by the Department of Veterans 

OCTOBER 19, 2015 

Reported with an amendment and an amendment to the 

title 


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