II 

113TH CONGRESS 

2D SESSION S. 2413 

To improve the provision of medical services and benefits to veterans, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 2, 2014 

Mr. SANDERS (for himself, Ms. HIRONO, Mr. WYDEN, Mr. BEGICH, Mr. 

HEINRICH, Mr. REED, Ms. MIKULSKI, Mr. BROWN, Mr. BLUMENTHAL, 

Mr. SCHATZ, Mr. KAINE, Mr. WALSH, Mr. TESTER, and Ms. STABENOW) 

introduced the following bill; which was read twice and referred to the 

Committee on Veterans’ Affairs 

A BILL 

To improve the provision of medical services and benefits 

to veterans, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Restoring Veterans Trust Act of 2014’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

TITLE I—HEALTH CARE MATTERS 


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Subtitle A—Improvement of Access to Care by Strengthening Management, 

Technology, and Metrics 

Sec. 101. Implementation of upgraded Department of Veterans Affairs electronic scheduling system for appointments for receipt of health 

care from the Department. 

Sec. 102. Independent assessment of the scheduling process for medical appointments for care from Department of Veterans Affairs. 

Sec. 103. Modification of liability for breach of period of obligated service under 

Health Professionals Educational Assistance Program for primary care physicians. 

Sec. 104. Program of education at Uniformed Services University of the Health 

Sciences with specialization in primary care. 

Sec. 105. Treatment of staffing shortage and biannual report on staffing of 

medical facilities of the Department of Veterans Affairs. 

Sec. 106. Clinic management training program of the Department of Veterans 

Affairs. 

Sec. 107. Inclusion of Department of Veterans Affairs facilities in National 

Health Service Corps Scholarship and loan repayment programs. 

Sec. 108. Improvement of access by veterans to health care from non-Department of Veterans Affairs providers. 

Sec. 109. Extension of and report on joint incentives program of Department 

of Veterans Affairs and Department of Defense. 

Sec. 110. Transfer of authority for payments for hospital care, medical services, 

and other health care from non-Department providers to the 

Chief Business Office of the Veterans Health Administration of 

the Department. 

Sec. 110A. Contracting for hospital care, medical services, and other health 

care. 

Sec. 110B. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service. 

Sec. 110C. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems. 

Sec. 110D. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs. 

Sec. 110E. Commission on Access to Care. 

Sec. 110F. Removal of Senior Executive Service employees of the Department 

of Veterans Affairs for performance. 

Sec. 110G. Authorization of emergency appropriations. 

Subtitle B—Expansion and Improvements of Benefits Generally 

Sec. 111. Further extension of period of eligibility for health care for veterans 

of combat service during certain periods of hostilities and war. 

Sec. 112. Expansion of assistance and support services for caregivers of veterans. 

Sec. 113. Improved access to appropriate immunizations for veterans. 

Sec. 114. Expansion of provision of chiropractic care and services to veterans. 

Sec. 115. Modification of commencement date of period of service at Camp 

Lejeune, North Carolina, for eligibility for hospital care and 

medical services in connection with exposure to contaminated 

water. 

Sec. 116. Expansion of emergency treatment reimbursement for certain veterans. 


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Sec. 117. Extension of sunset date regarding transportation of individuals to 

and from facilities of Department of Veterans Affairs and requirement of report. 

Sec. 118. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury. 

Sec. 119. Reauthorization and modification of pilot program of enhanced contract care authority for health care needs of veterans. 

Subtitle C—Health Care Administration 

Sec. 121. Extension of Department of Veterans Affairs Health Professional 

Scholarship Program. 

Sec. 122. Expansion of availability of prosthetic and orthotic care for veterans. 

Sec. 123. Limitation on expansion of dialysis pilot program. 

Sec. 124. Requirement for Department of Veterans Affairs policy on reporting 

cases of infectious diseases at facilities of the Department. 

Sec. 125. Independent assessment of the Veterans Integrated Service Networks 

and medical centers of Department of Veterans Affairs. 

Sec. 126. Requirements in connection with next update of current strategic 

plan for Office of Rural Health of the Department of Veterans 

Affairs. 

Sec. 127. Report on provision of telemedicine services. 

Sec. 128. Designation of Corporal Michael J. Crescenz Department of Veterans 

Affairs Medical Center. 

Subtitle D—Complementary and Alternative Medicine 

Sec. 131. Expansion of research and education on and delivery of complementary and alternative medicine to veterans. 

Sec. 132. Program on integration of complementary and alternative medicine 

within Department of Veterans Affairs medical centers. 

Sec. 133. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. 

Sec. 134. Program on use of wellness programs as complementary approach to 

mental health care for veterans and family members of veterans. 

Subtitle E—Mental Health Care 

Sec. 141. Inclusion of mental health professionals in the education and training 

program for health personnel of the Department of Veterans 

Affairs. 

Sec. 142. Report on provision of mental health services for families of certain 

veterans at facilities of the Department. 

Sec. 143. Annual report on community mental health partnership pilot program. 

Subtitle F—Dental Care Eligibility Expansion and Enhancement 

Sec. 151. Restorative dental services for veterans. 

Sec. 152. Pilot program on expansion of furnishing of dental care to all enrolled veterans. 

Sec. 153. Program on education to promote dental health in veterans. 

Sec. 154. Authorization of appropriations. 


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Subtitle G—Health Care Related to Sexual Trauma 

Sec. 161. Expansion of eligibility for sexual trauma counseling and treatment 

to veterans on inactive duty training. 

Sec. 162. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. 

Sec. 163. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse. 

Sec. 164. Reports on military sexual trauma and domestic abuse. 

Subtitle H—Reproductive Treatment and Services 

Sec. 171. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other 

medical services. 

Sec. 172. Reproductive treatment and care for spouses and surrogates of veterans. 

Sec. 173. Adoption assistance for severely wounded veterans. 

Sec. 174. Regulations on furnishing of fertility counseling and treatment and 

adoption assistance by Department of Veterans Affairs. 

Sec. 175. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment. 

Sec. 176. Facilitation of reproduction and infertility research. 

Sec. 177. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs. 

Sec. 178. Program on assistance for child care for certain veterans. 

Sec. 179. Counseling in retreat settings for women veterans newly separated 

from service in the Armed Forces. 

Subtitle I—Major Medical Facility Leases 

Sec. 181. Authorization of major medical facility leases. 

Sec. 182. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. 

TITLE II—SURVIVOR AND DEPENDENT MATTERS 

Sec. 201. Extension of initial period for increased dependency and indemnity 

compensation for surviving spouses with children. 

Sec. 202. Eligibility for dependency and indemnity compensation, educational 

assistance, and housing loans for surviving spouses who remarry after age 55. 

Sec. 203. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension. 

Sec. 204. Making effective date provision consistent with provision for benefits 

eligibility of a veteran’s child based upon termination of remarriage by annulment. 

Sec. 205. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. 

Sec. 206. Expansion of Yellow Ribbon G.I. Education Enhancement Program. 

Sec. 207. Benefits for children of certain Thailand service veterans born with 

spina bifida. 

Sec. 208. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida. 

Sec. 209. Program on grief counseling in retreat settings for surviving spouses 

of members of the Armed Forces who die while serving on active duty in the Armed Forces. 


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Sec. 210. Program evaluation on survivors’ and dependents’ educational assistance authorities. 

TITLE III—EDUCATION MATTERS 

Sec. 301. Approval of courses of education provided by public institutions of 

higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. 

Sec. 302. Extension and expansion of authority for certain qualifying workstudy activities for purposes of the educational assistance programs of the Department of Veterans Affairs. 

Sec. 303. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill. 

Sec. 304. Review of utilization of educational assistance to pursue programs of 

training on the job and participating employers. 

Sec. 305. Report on debt management and collection. 

Sec. 306. Restoration of prior reporting fee multipliers. 

TITLE IV—EMPLOYMENT AND RELATED MATTERS 

Subtitle A—Training and Other Services for Veterans Seeking Employment 

Sec. 401. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed 

Forces with severe injuries or illnesses. 

Subtitle B—Employment of Veterans and Recognition of Veteran Status With 

Respect to Employment Related Matters 

Sec. 411. Employment of veterans with the Federal Government. 

Sec. 412. State recognition of military experience of veterans in issuing licenses 

and credentials to veterans. 

Sec. 413. Report on discrimination against members of reserve components of 

Armed Forces and veterans in civilian labor market. 

Subtitle C—Improving Employment and Reemployment Rights of Members of 

the Uniformed Services 

Sec. 421. Suspension, termination, or debarment of contractors for repeated 

violations of employment or reemployment rights of members 

of uniformed services. 

Subtitle D—Small Business Matters 

Sec. 431. Expansion of contracting goals and preferences of Department of 

Veterans Affairs to include conditionally owned small business 

concerns 100 percent owned by veterans. 

Sec. 432. 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. 433. Treatment of businesses after deaths of servicemember-owners for 

purposes of Department of Veterans Affairs contracting goals 

and preferences. 

Sec. 434. Special rule for treatment under contracting goals and preferences of 

Department of Veterans Affairs of small business concerns licensed in community property States. 


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Sec. 435. Report on assistance for veterans in obtaining training on purchasing 

and operating a franchise. 

TITLE V—ACCOUNTABILITY AND ADMINISTRATIVE 

IMPROVEMENTS 

Sec. 501. Administration of Veterans Integrated Service Networks. 

Sec. 502. Regional support centers for Veterans Integrated Service Networks. 

Sec. 503. Commission on Capital Planning for Department of Veterans Affairs 

Medical Facilities. 

Sec. 504. Advance appropriations for certain accounts of the Department of 

Veterans Affairs. 

Sec. 505. Public access to Department of Veterans Affairs research and data 

sharing between Departments. 

Sec. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration. 

Sec. 507. Comptroller general report on advisory committees of the Department 

of Veterans Affairs. 

TITLE VI—IMPROVEMENT OF PROCESSING OF CLAIMS FOR 

COMPENSATION 

Subtitle A—Claims Based on Military Sexual Trauma 

Sec. 601. Medical examination and opinion for disability compensation claims 

based on military sexual trauma. 

Sec. 602. Case representative officers for military sexual trauma support. 

Sec. 603. Report on standard of proof for service-connection of mental health 

conditions related to military sexual trauma. 

Sec. 604. Reports on claims for disabilities incurred or aggravated by military 

sexual trauma. 

Subtitle B—Claims for Dependency and Indemnity Compensation 

Sec. 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims. 

Sec. 612. Report by Secretary of Veterans Affairs on improving timeliness and 

accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and 

children. 

Subtitle C—Agency of Original Jurisdiction 

Sec. 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment. 

Sec. 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators. 

Sec. 623. Reports on requests by the Department of Veterans Affairs for 

records of other Federal agencies. 

Sec. 624. Recognition of representatives of Indian tribes in the preparation, 

presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs. 

Sec. 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to 

Department of Veterans Affairs. 


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Sec. 626. Department of Veterans Affairs notice of average times for processing compensation claims. 

Sec. 627. Quarterly reports on progress of Department of Veterans Affairs in 

eliminating backlog of claims for compensation that have not 

been adjudicated. 

Sec. 628. Reports on use of existing authorities to expedite benefits decisions. 

Sec. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations. 

Subtitle D—Board of Veterans’ Appeals and Court of Appeals for Veterans 

Claims 

Sec. 631. Determination of manner of appearance for hearings before Board of 

Veterans’ Appeals. 

TITLE VII—OUTREACH MATTERS 

Sec. 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local 

agencies and nonprofit organizations. 

Sec. 702. Cooperative agreements between Secretary of Veterans Affairs and 

States on outreach activities. 

Sec. 703. Advisory committee on outreach activities of Department of Veterans 

Affairs. 

Sec. 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care. 

Sec. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs. 

Sec. 706. Budget transparency for outreach activities of Department of Veterans Affairs. 

TITLE VIII—ENHANCEMENT OF RIGHTS UNDER 

SERVICEMEMBERS CIVIL RELIEF ACT 

Sec. 801. Modification of period determining which actions are covered under 

stay of proceedings and adjustment of obligation protections 

concerning mortgages and trust deeds of members of uniformed services. 

Sec. 802. Protections for members of uniformed services regarding professional 

licenses. 

Sec. 803. Prohibition on denial of credit because of eligibility for protection. 

Sec. 804. Interest rate limitation on debt entered into during military service 

to consolidate or refinance student loans incurred before military service. 

Sec. 805. Termination of residential leases after assignment or relocation to 

quarters of United States or housing facility under jurisdiction 

of uniformed service. 

Sec. 806. Protection of surviving spouse with respect to mortgage foreclosure. 

Sec. 807. Improved protection of members of uniformed services against default 

judgments. 

Sec. 808. Clarification regarding application of enforcement authority of Attorney General and private right of action under Servicemembers 

Civil Relief Act. 

Sec. 809. Clerical amendments. 

TITLE IX—OTHER MATTERS 


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Sec. 901. Repeal of certain reductions made by Bipartisan Budget Act of 2013. 

Sec. 902. Consideration by Secretary of Veterans Affairs of resources disposed 

of for less than fair market value by individuals applying for 

pension. 

Sec. 903. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities. 

Sec. 904. Conditions on award of per diem payments by Secretary of Veterans 

Affairs for provision of housing or services to homeless veterans. 

Sec. 905. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for 

homeless veterans. 

Sec. 906. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders. 

Sec. 907. Authority to issue Veterans ID Cards. 

Sec. 908. Honoring as veterans certain persons who performed service in the 

reserve components of the Armed Forces. 

Sec. 909. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of the Treasury and Commissioner of 

Social Security for income verification purposes. 

Sec. 910. Extension of authority for Secretary of Veterans Affairs to issue and 

guarantee certain loans. 

Sec. 911. Eligibility for interment in national cemeteries for certain naturalized 

individuals. 

Sec. 912. Canadian Forces Base Gagetown independent study and registry. 

Sec. 913. Review of determination of certain service in Philippines during 

World War II. 

Sec. 914. Review of determination of certain service of merchant mariners during World War II. 

Sec. 915. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss. 

Sec. 916. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members 

of the Armed Forces and veterans. 

Sec. 917. Designation of American World War II Cities. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 38, United States Code. 


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1 TITLE I—HEALTH CARE 

2 MATTERS 

3 Subtitle A—Improvement of Access 

4 to Care by Strengthening Man5 agement, Technology, and 

6 Metrics 

7 SEC. 101. IMPLEMENTATION OF UPGRADED DEPARTMENT 

8 OF VETERANS AFFAIRS ELECTRONIC SCHED9 ULING SYSTEM FOR APPOINTMENTS FOR RE10 CEIPT OF HEALTH CARE FROM THE DEPART11 MENT. 

12 (a) IMPLEMENTATION.— 

13 (1) IN GENERAL.—Not later than March 31, 

14 2016, the Secretary of Veterans Affairs shall fully 

15 implement an upgraded and centralized electronic 

16 scheduling system described in subsection (b) for ap17 pointments by eligible individuals for health care 

18 from the Department of Veterans Affairs. 

19 (2) AGILE SOFTWARE DEVELOPMENT METH20 ODOLOGIES.—In implementing the upgraded elec21 tronic scheduling system required by paragraph (1), 

22 the Secretary shall use agile software development 

23 methodologies to fully implement portions of such 

24 system every 180 days beginning on the date on 

25 which the Secretary begins the implementation of 


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1 such system, or enters into a contract for the imple2 mentation of such system, and ending on the date 

3 on which such system is fully implemented. 

4 (b) ELECTRONIC SCHEDULING SYSTEM.—The up5 graded electronic scheduling system described in this sub6 section shall include mechanisms to achieve the following: 

7 (1) An efficient and effective graphical user 

8 interface with a calendar view for use by employees 

9 of the Department in scheduling appointments that 

10 enables error-free scheduling of the health care re11 sources of the Department. 

12 (2) A capability to assist employees of the De13 partment to easily and consistently implement poli14 cies of the Department with respect to scheduling of 

15 appointments, including with respect to priority for 

16 appointments for certain eligible individuals. 

17 (3) A capability for employees of the Depart18 ment to sort and view through a unified interface 

19 the availability for each health care provider of the 

20 Department or other health care resource of the De21 partment. 

22 (4) A capability for employees of the Depart23 ment to sort and view appointments for and appoint24 ment requests made by a particular eligible indi25 vidual. 


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1 (5) A capability for seamless coordination of 

2 appointments for primary care, specialty care, con3 sultations, or any other health care matter among 

4 facilities of the Department. 

5 (6) A capability for eligible individuals to access 

6 the system remotely and schedule appointments di7 rectly through the system. 

8 (7) An electronic timestamp of each activity 

9 made by an eligible individual or on behalf of such 

10 individual with respect to an appointment or the 

11 scheduling of an appointment that shall be kept in 

12 the medical record of such individual. 

13 (8) A seamless connection to the Computerized 

14 Patient Record System of the Department so that 

15 employees of the Department, when scheduling an 

16 appointment for an eligible individual, have access to 

17 recommendations from the health care provider of 

18 such individual with respect to when such individual 

19 should receive an appointment. 

20 (9) A capability to provide automated reminders 

21 to eligible individuals on upcoming appointments 

22 through various electronic and voice media. 

23 (10) A capability to provide automated remind24 ers to employees of the Department when an eligible 


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1 individual who is on the wait-list for an appointment 

2 becomes eligible to schedule an appointment. 

3 (11) A dashboard capability to support efforts 

4 to track the following metrics in aggregate and by 

5 medical facility with respect to health care provided 

6 to eligible individuals under the laws administered 

7 by the Secretary: 

8 (A) The number of days into the future 

9 that the schedules of health care providers are 

10 available to schedule an appointment. 

11 (B) The number of providers available to 

12 see patients each day. 

13 (C) The number of support personnel 

14 working each day. 

15 (D) The types of appointments available. 

16 (E) The rate at which patients fail to ap17 pear for appointments. 

18 (F) The number of appointments canceled 

19 by a patient on a daily basis. 

20 (G) The number of appointments canceled 

21 by a health care provider on a daily basis. 

22 (H) The number of patients on the wait 

23 list at any given time. 

24 (I) The number of appointments scheduled 

25 on a daily basis. 


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1 (J) The number of appointments available 

2 to be scheduled on a daily basis. 

3 (K) The number of patients seen on a 

4 daily, weekly, and monthly basis. 

5 (L) Wait-times for an appointment with a 

6 health care provider of the Department. 

7 (M) Wait-times for an appointment with a 

8 non-Department health care provider. 

9 (N) Wait-times for a referral to a specialist 

10 or consult. 

11 (12) A capability to provide data on the capac12 ity of medical facilities of the Department for pur13 poses of determining the resources needed by the 

14 Department to provide health care to eligible individ15 uals. 

16 (13) Any other capabilities as specified by the 

17 Secretary for purposes of this section. 

18 (c) PLAN.— 

19 (1) IN GENERAL.—Not later than 90 days after 

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

21 shall submit to the Committee on Veterans’ Affairs 

22 of the Senate and the Committee on Veterans’ Af23 fairs of the House of Representatives a plan for im24 plementing the upgraded electronic scheduling sys25 tem required by subsection (a). 


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

3 (A) A description of the priorities of the 

4 Secretary for implementing the requirements of 

5 the system under subsection (b). 

6 (B) A detailed description of the manner 

7 in which the Secretary will fully implement such 

8 system, including deadlines for completing each 

9 such requirement. 

10 (3) UPDATE.—Not later than 90 days after the 

11 submittal of the plan required by paragraph (1), and 

12 not less frequently than every 90 days thereafter 

13 until such system is fully implemented, the Secretary 

14 shall submit to the Committee on Veterans’ Affairs 

15 of the Senate and the Committee on Veterans’ Af16 fairs of the House of Representatives an update on 

17 the status of the implementation of such plan. 

18 (d) USE OF AMOUNTS.—The Secretary may use 

19 amounts available to the Department of Veterans Affairs 

20 for the appropriations account under the heading ‘‘MED21 ICAL SERVICES’’ in implementing and carrying out the up22 graded electronic scheduling system required by sub23 section (a). 

24 (e) ELIGIBLE INDIVIDUAL DEFINED.—In this sec25 tion, the term ‘‘eligible individual’’ means an individual 


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1 eligible for hospital, nursing home, domiciliary, medical 

2 care, or other health care under the laws administered by 

3 the Secretary of Veterans Affairs. 

4 SEC. 102. INDEPENDENT ASSESSMENT OF THE SCHED5 ULING PROCESS FOR MEDICAL APPOINT6 MENTS FOR CARE FROM DEPARTMENT OF 

7 VETERANS AFFAIRS. 

8 (a) INDEPENDENT ASSESSMENT.— 

9 (1) CONTRACT.—Not later than 30 days after 

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

11 of Veterans Affairs shall enter into a contract with 

12 an independent third party to assess the process at 

13 each medical facility of the Department of Veterans 

14 Affairs for scheduling appointments for veterans to 

15 receive hospital care, medical services, or other 

16 health care from the Department. 

17 (2) ELEMENTS.—In carrying out the assess18 ment required by paragraph (1), the independent 

19 third party shall do the following: 

20 (A) Review all training materials per21 taining to scheduling of appointments at each 

22 medical facility of the Department. 

23 (B) Assess whether all employees of the 

24 Department conducting tasks related to schedVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 uling are properly trained for conducting such 

2 tasks. 

3 (C) Assess whether changes in the tech4 nology or system used in scheduling appoint5 ments are necessary to limit access to the sys6 tem to only those employees that have been 

7 properly trained in conducting such tasks. 

8 (D) Assess whether health care providers 

9 of the Department are making changes to their 

10 schedules that hinder the ability of employees 

11 conducting such tasks to perform such tasks. 

12 (E) Assess whether the establishment of a 

13 centralized call center throughout the Depart14 ment for scheduling appointments at medical 

15 facilities of the Department would improve the 

16 process of scheduling such appointments. 

17 (F) Assess whether booking templates for 

18 each medical facility or clinic of the Depart19 ment would improve the process of scheduling 

20 such appointments. 

21 (G) Recommend any actions to be taken by 

22 the Department to improve the process for 

23 scheduling such appointments, including the fol24 lowing: 


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1 (i) Changes in training materials pro2 vided to employees of the Department with 

3 respect to conducting tasks related to 

4 scheduling such appointments. 

5 (ii) Changes in monitoring and assess6 ment conducted by the Department of 

7 wait-times of veterans for such appoint8 ments. 

9 (iii) Changes in the system used to 

10 schedule such appointments, including 

11 changes to improve how the Department— 

12 (I) measures wait-times of vet13 erans for such appointments; 

14 (II) monitors the availability of 

15 health care providers of the Depart16 ment; and 

17 (III) provides veterans the ability 

18 to schedule such appointments. 

19 (iv) Such other actions as the inde20 pendent third party considers appropriate. 

21 (3) TIMING.—The independent third party car22 rying out the assessment required by paragraph (1) 

23 shall complete such assessment not later than 180 

24 days after entering into the contract described in 

25 such paragraph. 


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

2 on which the independent third party completes the as3 sessment under this section, the Secretary shall submit to 

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

5 Committee on Veterans’ Affairs of the House of Rep6 resentatives a report on the results of such assessment. 

7 SEC. 103. MODIFICATION OF LIABILITY FOR BREACH OF PE8 RIOD OF OBLIGATED SERVICE UNDER 

9 HEALTH PROFESSIONALS EDUCATIONAL AS10 SISTANCE PROGRAM FOR PRIMARY CARE 

11 PHYSICIANS. 

12 Section 7617 is amended— 

13 (1) in subsection (c)(1), by striking ‘‘If a par14 ticipant’’ and inserting ‘‘Except as provided in sub15 section (d), if a participant’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(d) Liability shall not arise under subsection (c) in 

19 the case of a participant otherwise covered by that sub20 section who has pursued a course of education or training 

21 in primary care if— 

22 ‘‘(1) the participant— 

23 ‘‘(A) does not obtain, or fails to maintain, 

24 employment as a Department employee due to 


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1 staffing changes approved by the Under Sec2 retary for Health; or 

3 ‘‘(B) does not obtain, or fails to maintain, 

4 employment in a position of primary care physi5 cian in the Veterans Health Administration 

6 due, as determined by the Secretary, to a num7 ber of primary care physicians in the Adminis8 tration that is excess to the needs of the Ad9 ministration; and 

10 ‘‘(2) the participant agrees to accept and main11 tain employment as a primary care physician with 

12 another department or agency of the Federal Gov13 ernment (with such employment to be under such 

14 terms and conditions as are jointly agreed upon by 

15 the participant, the Secretary, and the head of such 

16 department or agency, including terms and condi17 tions relating to a period of obligated service as a 

18 primary care physician with such department or 

19 agency) if such employment is offered to the partici20 pant by the Secretary and the head of such depart21 ment or agency.’’. 


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1 SEC. 104. PROGRAM OF EDUCATION AT UNIFORMED SERV2 ICES UNIVERSITY OF THE HEALTH SCIENCES 

3 WITH SPECIALIZATION IN PRIMARY CARE. 

4 (a) PROGRAM REQUIRED UNDER HEALTH PROFES5 SIONALS EDUCATIONAL ASSISTANCE PROGRAM.— 

6 (1) IN GENERAL.—Chapter 76 is amended by 

7 adding after subchapter VII the following new sub8 chapter: 

9 ‘‘SUBCHAPTER VIII—PROGRAM OF EDUCATION 

10 AT UNIFORMED SERVICES UNIVERSITY OF 

11 THE HEALTH SCIENCES WITH SPECIALIZA12 TION IN PRIMARY CARE 

13 ‘‘§ 7691. Authority for program 

14 ‘‘As part of the Educational Assistance Program, the 

15 Secretary shall, in collaboration with the Secretary of De16 fense, carry out a program to permit individuals to enroll 

17 in the Uniformed Services University of the Health 

18 Sciences under chapter 104 of title 10 to pursue a medical 

19 education with a specialization in primary care. The pro20 gram shall be known as the Department of Veterans Af21 fairs Primary Care Educational Assistance Program (in 

22 this chapter referred to as the ‘Primary Care Educational 

23 Assistance Program’). 


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1 ‘‘§ 7692. Selection; agreement; ineligibility for certain 

2 other educational assistance 

3 ‘‘(a) SELECTION.—(1) Medical students at the Uni4 formed Services University of the Health Sciences pursu5 ant to the Primary Care Educational Assistance Program 

6 shall be selected by the Secretary, in consultation with the 

7 Secretary of Defense, in accordance with procedures es8 tablished by the Secretaries for purposes of the Program. 

9 ‘‘(2) The procedures referred to in paragraph (1) 

10 shall emphasize the basic requirement that students dem11 onstrate a motivation and dedication to a medical career 

12 in primary care. 

13 ‘‘(3) The number of medical students selected each 

14 year for first-year enrollment in the University pursuant 

15 to this subsection shall be jointly determined by the Sec16 retary and the Secretary of Defense. 

17 ‘‘(b) AGREEMENT.—An agreement between the Sec18 retary and a participant in the Primary Care Educational 

19 Assistance Program shall (in addition to the requirements 

20 set forth in section 7604 of this title) include the following: 

21 ‘‘(1) The Secretary’s agreement to cover the 

22 costs of the participant’s education and training at 

23 the Uniformed Services University of the Health 

24 Sciences under chapter 104 of title 10 as if the par25 ticipant were a medical student enrolled in the Uni26 versity pursuant to section 2114 of title 10. 


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1 ‘‘(2) The participant’s agreement to serve as a 

2 full-time employee in the Veterans Health Adminis3 tration in a position as a primary care physician for 

4 a period of time (in this subchapter referred to as 

5 the ‘period of obligated service’) of one calendar year 

6 for each school year or part thereof for which the 

7 participant was a medical student at the Uniformed 

8 Services University of the Health Sciences pursuant 

9 to the Primary Care Educational Assistance Pro10 gram, but for not less than one year. 

11 ‘‘(c) INELIGIBILITY FOR OTHER EDUCATIONAL AS12 SISTANCE.—An individual who receives education and 

13 training under the Primary Care Educational Assistance 

14 Program shall not be eligible for other assistance under 

15 this chapter in connection with such education and train16 ing. 

17 ‘‘§ 7693. Obligated service 

18 ‘‘(a) IN GENERAL.—Each participant in the Primary 

19 Care Educational Assistance Program shall provide serv20 ice as a full-time employee of the Department in the Vet21 erans Health Administration in a primary care position 

22 for the period of obligated service provided in the agree23 ment of the participant entered into for purposes of this 

24 subchapter. Such service shall be provided in a full-time 


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1 primary care clinical practice in an assignment or location 

2 determined by the Secretary. 

3 ‘‘(b) SERVICE COMMENCEMENT DATE.—(1) Not 

4 later than 60 days before a participant’s service com5 mencement date, the Secretary shall notify the participant 

6 of that service commencement date. That date is the date 

7 for the beginning of the participant’s period of obligated 

8 service. 

9 ‘‘(2) As soon as possible after a participant’s service 

10 commencement date, the Secretary shall— 

11 ‘‘(A) in the case of a participant who is not a 

12 full-time employee in the Veterans Health Adminis13 tration, appoint the participant as such an employee; 

14 and 

15 ‘‘(B) in the case of a participant who is an em16 ployee in the Veterans Health Administration but is 

17 not serving in a position for which the participant’s 

18 course of education or training prepared the partici19 pant, assign the participant to such a position. 

20 ‘‘(3) A participant’s service commencement for pur21 poses of this subsection date is the date upon which the 

22 participant becomes licensed to practice medicine in a 

23 State. 

24 ‘‘(c) COMMENCEMENT OF OBLIGATED SERVICE.—A 

25 participant in the Primary Care Educational Assistance 


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1 Program shall be considered to have begun serving the 

2 participant’s period of obligated service— 

3 ‘‘(1) on the date on which the participant is ap4 pointed as a full-time employee in the Veterans 

5 Health Administration pursuant to subsection 

6 (b)(2)(A); or 

7 ‘‘(2) if the participant is a full-time employee in 

8 the Veterans Health Administration and assigned to 

9 a position pursuant to subsection (b)(2)(B), on the 

10 date on which the participant is so assigned to such 

11 position. 

12 ‘‘§ 7694. Breach of agreement: liability 

13 ‘‘(a) LIABILITY DURING COURSE OF EDUCATION OR

14 TRAINING.—(1) A participant in the Primary Care Edu15 cational Assistance Program shall be liable to the United 

16 States for the amount which has been paid on behalf of 

17 the participant under the agreement entered into for pur18 poses of this subchapter if any of the following occurs: 

19 ‘‘(A) The participant fails to maintain an ac20 ceptable level of academic standing in the Uniformed 

21 Services University of the Health Sciences. 

22 ‘‘(B) The participant is dismissed from the 

23 Uniformed Services University of the Health 

24 Sciences for disciplinary reasons. 


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1 ‘‘(C) The participant voluntarily terminates the 

2 course of medical education and training in the Uni3 formed Services University of the Health Sciences 

4 before the completion of such course of education 

5 and training. 

6 ‘‘(D) The participant fails to become licensed to 

7 practice medicine in a State during a period of time 

8 determined under regulations prescribed by the Sec9 retary. 

10 ‘‘(2) Liability under this subsection is in lieu of any 

11 service obligation arising under a participant’s agreement 

12 for purposes of this subchapter. 

13 ‘‘(b) LIABILITY DURING PERIOD OF OBLIGATED

14 SERVICE.—(1) Except as provided in subsection (c) and 

15 subject to paragraph (2), if a participant in the Primary 

16 Care Educational Assistance Program breaches the agree17 ment entered into for purposes of this subchapter by fail18 ing for any reason to complete the participant’s period of 

19 obligated service, the United States shall be entitled to re20 cover from the participant an amount equal to— 

21 ‘‘(A) the total amount paid under this sub22 chapter on behalf of the participant; multiplied by 

23 ‘‘(B) a fraction— 

24 ‘‘(i) the numerator of which is— 


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1 ‘‘(I) the total number of months in 

2 the participant’s period of obligated serv3 ice; minus 

4 ‘‘(II) the number of months served by 

5 the participant pursuant to the agreement; 

6 and 

7 ‘‘(ii) the denominator of which is the total 

8 number of months in the participant’s period of 

9 obligated service. 

10 ‘‘(2) Any period of internship or residency training 

11 of a participant shall not be treated as satisfying the par12 ticipant’s period of obligated service for purposes of this 

13 subsection. 

14 ‘‘(c) EXCEPTIONS.—Liability shall not arise under 

15 subsection (b) in the case of a participant otherwise cov16 ered by that subsection if— 

17 ‘‘(1) the participant— 

18 ‘‘(A) does not obtain, or fails to maintain, 

19 employment as a Department employee due to 

20 staffing changes approved by the Under Sec21 retary for Health; or 

22 ‘‘(B) does not obtain, or fails to maintain, 

23 employment in a position of primary care physi24 cian in the Veterans Health Administration 

25 due, as determined by the Secretary, to a numVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 ber of primary care physicians in the Adminis2 tration that is excess to the needs of the Ad3 ministration; and 

4 ‘‘(2) the participant agrees to accept and main5 tain employment as a primary care physician with 

6 another department or agency of the Federal Gov7 ernment (with such employment to be under such 

8 terms and conditions as are jointly agreed upon by 

9 the participant, the Secretary, and the head of such 

10 department or agency, including terms and condi11 tions relating to a period of obligated service as a 

12 primary care physician with such department or 

13 agency) if such employment is offered to the partici14 pant by the Secretary and the head of such depart15 ment or agency. 

16 ‘‘§ 7695. Funding 

17 ‘‘(a) IN GENERAL.—Amounts for the Primary Care 

18 Educational Assistance Program shall be derived from 

19 amounts available to the Secretary for the Veterans 

20 Health Administration. 

21 ‘‘(b) TRANSFER.—(1) The Secretary shall transfer to 

22 the Secretary of Defense amounts required by the Sec23 retary of Defense to carry out the Primary Care Edu24 cational Assistance Program. 


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1 ‘‘(2) Amounts transferred to the Secretary of Defense 

2 pursuant to paragraph (1) shall be credited to the appro3 priation or account providing funding for the Uniformed 

4 Services University of the Health Sciences. Amounts so 

5 credited shall be merged with amounts in the appropria6 tion or account to which credited and shall be available, 

7 subject to the terms and conditions applicable to such ap8 propriation or account, for the Uniformed Services Uni9 versity of the Health Sciences.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 76 is amended by 

12 adding after the item relating to section 7684 the 

13 following: 

‘‘SUBCHAPTER VIII—PROGRAM OF EDUCATION AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES WITH SPECIALIZATION IN PRIMARY

CARE

‘‘7691. Authority for program. 

‘‘7692. Selection; agreement; ineligibility for certain other educational assistance. 

‘‘7693. Obligated service. 

‘‘7694. Breach of agreement: liability. 

‘‘7695. Funding.’’. 

14 (b) INCLUSION OF PROGRAM IN HEALTH PROFES15 SIONALS EDUCATIONAL ASSISTANCE PROGRAM.—Section 

16 7601(a) is amended— 

17 (1) in paragraph (4), by striking ‘‘; and’’ and 

18 inserting a semicolon; 

19 (2) in paragraph (5), by striking the period at 

20 the end and inserting ‘‘; and’’; and 


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

2 paragraph: 

3 ‘‘(6) the enrollment of individuals in the Uni4 formed Services University of the Health Sciences 

5 for specialization in primary care provided for in 

6 subchapter VIII of this chapter.’’. 

7 (c) APPLICATION REQUIREMENTS.— 

8 (1) IN GENERAL.—Subsection (a)(1) of section 

9 7603 is amended in the matter preceding subpara10 graph (A) by striking ‘‘, or VI’’ and inserting ‘‘, VI, 

11 or VIII’’. 

12 (2) NO PRIORITY FOR APPLICATIONS.—Sub13 section (d) of such section is amended— 

14 (A) by striking ‘‘In selecting’’ and insert15 ing ‘‘(1) Except as provided in paragraph (2), 

16 in selecting’’; and 

17 (B) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) Paragraph (1) shall not apply with respect to 

20 applicants for participation in the Program of Education 

21 at Uniformed Services University of the Health Sciences 

22 With Specialization in Primary Care pursuant to sub23 chapter VIII of this chapter.’’. 


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1 (d) AGREEMENT REQUIREMENTS.—Section 7604 is 

2 amended by striking ‘‘, or VI’’ each place it appears and 

3 inserting ‘‘, VI, or VIII’’. 

4 SEC. 105. TREATMENT OF STAFFING SHORTAGE AND BIAN5 NUAL REPORT ON STAFFING OF MEDICAL FA6 CILITIES OF THE DEPARTMENT OF VET7 ERANS AFFAIRS. 

8 (a) STAFFING SHORTAGE.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, and not 

11 later than September 30 each year thereafter, the 

12 Secretary of Veterans Affairs shall determine, and 

13 publish in the Federal Register, the five occupations 

14 of health care providers of the Department of Vet15 erans Affairs for which there is the largest staffing 

16 shortage throughout the Department. 

17 (2) RECRUITMENT AND APPOINTMENT.—Not18 withstanding sections 3304 and 3309 through 3318 

19 of title 5, United States Code, the Secretary may, 

20 upon a determination by the Secretary under para21 graph (1) or a modification to such determination 

22 under paragraph (2), that there is a staffing short23 age throughout the Department with respect to a 

24 particular occupation of health care provider, recruit 

25 and directly appoint highly qualified health care proVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 viders to a position to serve as a health care pro2 vider in that particular occupation for the Depart3 ment. 

4 (3) PRIORITY IN HEALTH PROFESSIONALS EDU5 CATIONAL ASSISTANCE PROGRAM TO CERTAIN PRO6 VIDERS.—Section 7612(b)(5) is amended— 

7 (A) in subparagraph (A), by striking 

8 ‘‘and’’ at the end; 

9 (B) by redesignating subparagraph (B) as 

10 subparagraph (C); and 

11 (C) by inserting after subparagraph (A) 

12 the following new subparagraph (B): 

13 ‘‘(B) shall give priority to applicants pursuing 

14 a course of education or training towards a career 

15 in an occupation for which the Secretary has, in the 

16 most current determination published in the Federal 

17 Register pursuant to section 105(a)(1) of the Re18 storing Veterans Trust Act of 2014, determined that 

19 there is one of the largest staffing shortage through20 out the Department with respect to such occupation; 

21 and’’. 

22 (b) REPORTS.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of the enactment of this Act, and not 

25 later than December 31 of each even numbered year 


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1 thereafter until 2024, the Secretary of Veterans Af2 fairs shall submit to the Committee on Veterans’ Af3 fairs of the Senate and the Committee on Veterans’ 

4 Affairs of the House of Representatives a report as5 sessing the staffing of each medical facility of the 

6 Department of Veterans Affairs. 

7 (2) ELEMENTS.—Each report submitted under 

8 paragraph (1) shall include the following: 

9 (A) The results of a system-wide assess10 ment of all medical facilities of the Department 

11 to ensure the following: 

12 (i) Appropriate staffing levels for 

13 health care providers to meet the goals of 

14 the Secretary for timely access to care for 

15 veterans. 

16 (ii) Appropriate staffing levels for 

17 support personnel, including clerks. 

18 (iii) Appropriate sizes for clinical pan19 els. 

20 (iv) Appropriate numbers of full-time 

21 staff, or full-time equivalent, dedicated to 

22 direct care of patients. 

23 (v) Appropriate physical plant space 

24 to meet the capacity needs of the Depart25 ment in that area. 


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1 (vi) Such other factors as the Sec2 retary considers necessary. 

3 (B) A plan for addressing any issues iden4 tified in the assessment described in subpara5 graph (A), including a timeline for addressing 

6 such issues. 

7 (C) A list of the current wait times and 

8 workload levels for the following clinics in each 

9 medical facility: 

10 (i) Mental health. 

11 (ii) Primary care. 

12 (iii) Gastroenterology. 

13 (iv) Women’s health. 

14 (v) Such other clinics as the Secretary 

15 considers appropriate. 

16 (D) A description of the results of the de17 termination of the Secretary under paragraph 

18 (1) of subsection (a) and a plan to use direct 

19 appointment authority under paragraph (2) of 

20 such subsection to fill staffing shortages, in21 cluding recommendations for improving the 

22 speed at which the credentialing and privileging 

23 process can be conducted. 


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1 (E) The current staffing models of the De2 partment for the following clinics, including rec3 ommendations for changes to such models: 

4 (i) Mental health. 

5 (ii) Primary care. 

6 (iii) Gastroenterology. 

7 (iv) Women’s health. 

8 (v) Such other clinics as the Secretary 

9 considers appropriate. 

10 (F) A detailed analysis of succession plan11 ning at medical facilities of the Department, in12 cluding the following: 

13 (i) The number of positions in medical 

14 facilities throughout the Department that 

15 are not filled by a permanent employee. 

16 (ii) The length of time each such posi17 tion described in clause (i) remained va18 cant or filled by a temporary or acting em19 ployee. 

20 (iii) A description of any barriers to 

21 filling the positions described in clause (i). 

22 (iv) A plan for filling any positions 

23 that are vacant or filled by a temporary or 

24 acting employee for more than 180 days. 


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1 (v) A plan for handling emergency cir2 cumstances, such administrative leave or 

3 sudden medical leave for senior officials. 

4 (G) The number of health care providers 

5 who have been removed from their position or 

6 have retired, by provider type, during the two7 year period preceding the submittal of the re8 port. 

9 (H) Of the health care providers specified 

10 in subparagraph (G) that have been removed 

11 from their position, the following: 

12 (i) The number of such health care 

13 providers who were reassigned to another 

14 position in the Department. 

15 (ii) The number of such health care 

16 providers who left the Department. 

17 SEC. 106. CLINIC MANAGEMENT TRAINING PROGRAM OF 

18 THE DEPARTMENT OF VETERANS AFFAIRS. 

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

20 date of the enactment of this Act, the Secretary of Vet21 erans Affairs shall implement a clinic management train22 ing program to provide in-person, standardized education 

23 on health care management to all managers of, and health 

24 care providers at, medical facilities of the Department of 

25 Veterans Affairs. 


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1 (b) ELEMENTS.—The clinic management training 

2 program required by subsection (a) shall include the fol3 lowing: 

4 (1) Training on how to manage the schedules of 

5 health care providers of the Department, including 

6 the following: 

7 (A) Maintaining such schedules in a man8 ner that allows appointments to be booked at 

9 least eight weeks in advance. 

10 (B) Proper planning procedures for vaca11 tion, leave, and graduate medical education 

12 training schedules. 

13 (2) Training on the appropriate number of ap14 pointments that a health care provider should con15 duct on a daily basis, based on specialty. 

16 (3) Training on how to determine whether there 

17 are enough available appointment slots to manage 

18 demand for different appointment types and mecha19 nisms for alerting management of insufficient slots. 

20 (4) Training on how to properly use the data 

21 produced by the scheduling dashboard required by 

22 section 101(b)(11) of this Act to meet demand for 

23 health care, including the following: 


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1 (A) Training on determining the next 

2 available appointment for each health care pro3 vider at the medical facility. 

4 (B) Training on determining the number 

5 of health care providers needed to meet demand 

6 for health care at the medical facility. 

7 (C) Training on determining the number 

8 of exam rooms needed to meet demand for such 

9 health care in an efficient manner. 

10 (5) Training on how to properly use the ap11 pointment scheduling system of the Department, in12 cluding any new scheduling system implemented by 

13 the Department. 

14 (6) Training on how to optimize the use of 

15 technology, including the following: 

16 (A) Telemedicine. 

17 (B) Electronic mail. 

18 (C) Text messaging. 

19 (D) Such other technologies as specified by 

20 the Secretary. 

21 (7) Training on how to properly use physical 

22 plant space at medical facilities of the Department 

23 to ensure efficient flow and privacy for patients and 

24 staff. 


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1 SEC. 107. INCLUSION OF DEPARTMENT OF VETERANS AF2 FAIRS FACILITIES IN NATIONAL HEALTH 

3 SERVICE CORPS SCHOLARSHIP AND LOAN 

4 REPAYMENT PROGRAMS. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human Services shall use the funds transferred under 

7 subsection (e) to award scholarship and loan repayment 

8 contracts under sections 338A and 338B of the Public 

9 Health Service Act (42 U.S.C. 254l, 254l–1) to eligible 

10 individuals who agree to a period of obligated service 

11 under section 338A(f)(1) or 338B(f)(1) of such Act, as 

12 applicable, at a health facility of the Department of Vet13 erans Affairs. 

14 (b) HEALTH PROFESSIONAL SHORTAGE AREAS.— 

15 For purposes of selecting individuals eligible for the schol16 arships and loan repayment contracts under subsection 

17 (a), all health facilities of the Department of Veterans Af18 fairs shall be deemed health professional shortage areas, 

19 as defined in section 332 of the Public Health Service Act 

20 (42 U.S.C. 254e). 

21 (c) REQUIREMENT.—The Secretary of Health and 

22 Human Services shall ensure that a minimum of 5 schol23 arships or loan repayment contracts are awarded to indi24 viduals who agree to a period of obligated service at Vet25 erans Affairs facilities in each State. 


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1 (d) APPLICABILITY OF NHSC PROGRAM REQUIRE2 MENTS.—Except as otherwise provided in this section, the 

3 terms of the National Health Service Corps Scholarship 

4 Program and the National Health Service Corps Loan Re5 payment Program shall apply to participants awarded a 

6 grant or loan repayment contract under subsection (a) in 

7 the same manner that such terms apply to participants 

8 awarded a grant or loan repayment contract under section 

9 338A or 338B of the Public Health Service Act. 

10 (e) INCLUSION OF GERIATRICIANS.—For purposes of 

11 awarding scholarships and loan repayments contracts to 

12 eligible individuals who agree to a period of obligated serv13 ice at a health facility of the Department of Veterans Af14 fairs pursuant to this section, in sections 338A and 338B 

15 of the Public Health Service Act (42 U.S.C. 254l, 254l– 

16 1), the term ‘‘primary health services’’ shall include geri17 atrics. 

18 (f) FUNDING.—The Secretary of Veterans Affairs 

19 shall transfer $20,000,000 from accounts of the Veterans 

20 Health Administration to the Secretary of Health and 

21 Human Services to award scholarships and loan repay22 ment contracts, as described in subsection (a). All funds 

23 so transferred shall be used exclusively for the purposes 

24 described in such subsection. 


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1 SEC. 108. IMPROVEMENT OF ACCESS BY VETERANS TO 

2 HEALTH CARE FROM NON-DEPARTMENT OF 

3 VETERANS AFFAIRS PROVIDERS. 

4 (a) IMPROVEMENT OF ACCESS.— 

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

6 Affairs shall ensure timely access of all veterans to 

7 the hospital care, medical services, and other health 

8 care for which such veterans are eligible under the 

9 laws administered by the Secretary through the en10 hanced use of authorities specified in paragraph (2) 

11 on the provision of such care and services through 

12 non-Department of Veterans Affairs providers (com13 monly referred to as ‘‘non-Department of Veterans 

14 Affairs medical care’’). 

15 (2) AUTHORITIES ON PROVISION OF CARE

16 THROUGH NON-DEPARTMENT PROVIDERS.—The au17 thorities specified in this paragraph are the fol18 lowing: 

19 (A) Section 1703 of title 38, United States 

20 Code, relating to contracts for the provision of 

21 hospital care and medical services through non22 Department facilities. 

23 (B) Section 1725 of such title, relating to 

24 reimbursement of certain veterans for the rea25 sonable value of emergency treatment at non26 Department facilities. 


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1 (C) Section 1728 of such title, relating to 

2 reimbursement of certain veterans for cus3 tomary and usual charges of emergency treat4 ment from sources other than the Department. 

5 (D) Section 1786 of such title, relating to 

6 health care services furnished to newborn chil7 dren of women veterans who are receiving ma8 ternity care furnished by the Department at a 

9 non-Department facility. 

10 (E) Any other authority under the laws ad11 ministered by the Secretary to provide hospital 

12 care, medical services, or other health care from 

13 a non-Department provider, including the fol14 lowing: 

15 (i) A Federally-qualified health center 

16 (as defined in section 1905(l)(2)(B) of the 

17 Social Security Act (42 U.S.C. 

18 1396d(l)(2)(B))). 

19 (ii) The Department of Defense. 

20 (iii) The Indian Health Service. 

21 (3) REQUIREMENTS.—In ensuring timely access 

22 of all veterans to the care and services described in 

23 paragraph (1) through the enhanced use of authori24 ties specified in paragraph (2), the Secretary shall 

25 require the following: 


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1 (A) That each veteran who has not re2 ceived hospital care, medical services, or other 

3 health care from the Department and is seeking 

4 an appointment for primary care under the laws 

5 administered by the Secretary receive an ap6 pointment for primary care at a time consistent 

7 with timeliness measures established by the 

8 Secretary for purposes of providing primary 

9 care to all veterans. 

10 (B) That the determination whether to 

11 refer a veteran for specialty care through a 

12 non-Department provider shall take into ac13 count the urgency and acuity of such veteran’s 

14 need for such care, including— 

15 (i) the severity of the condition of 

16 such veteran requiring specialty care; and 

17 (ii) the wait-time for an appointment 

18 with a specialist with respect to such con19 dition at the nearest medical facility of the 

20 Department with the capacity to provide 

21 such care. 

22 (C) That the determination whether a vet23 eran shall receive hospital care, medical serv24 ices, or other health care from the Department 

25 through facilities of the Department or through 


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1 non-Department providers pursuant to the au2 thorities specified in paragraph (2) shall take 

3 into account, in the manner specified by the 

4 Secretary, the following: 

5 (i) The distance the veteran would be 

6 required to travel to receive care or serv7 ices through a non-Department provider 

8 compared to the distance the veteran 

9 would be required to travel to receive care 

10 or services from a medical facility of the 

11 Department. 

12 (ii) Any factors that might limit the 

13 ability of the veteran to travel, including 

14 age, access to transportation, and infir15 mity. 

16 (iii) The wait-time for the provision of 

17 care or services through a non-Department 

18 provider compared to the wait-time for the 

19 provision of care or services from a medical 

20 facility of the Department. 

21 (D) That the Department maximize the 

22 use of hospital care, medical services, and other 

23 health care available to the Department 

24 through non-Department providers, including 


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1 providers available to provide such care and 

2 services as follows: 

3 (i) Pursuant to contracts under the 

4 Patient-Centered Community Care Pro5 gram of the Department. 

6 (ii) Pursuant to contracts between a 

7 facility or facilities of the Department and 

8 a local facility or provider. 

9 (iii) Pursuant to contracts with Fed10 erally-qualified health centers (as defined 

11 in section 1905(l)(2)(B) of the Social Se12 curity Act (42 U.S.C. 1396d(l)(2)(B))), 

13 the Department of Defense, or the Indian 

14 Health Service. 

15 (iv) On a fee-for-service basis. 

16 (b) MEDICAL RECORDS.—In providing hospital care, 

17 medical services, and other health care to veterans 

18 through non-Department providers pursuant to the au19 thorities specified in paragraph (2), the Secretary shall en20 sure that any such provider submits to the Department 

21 any medical record related to the care and services pro22 vided to a veteran by that provider for inclusion in the 

23 electronic medical record of such veteran maintained by 

24 the Department upon the completion of the provision of 

25 such care and services to such veteran. 


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1 (c) REPORTS.— 

2 (1) INITIAL REPORT.—Not later than 45 days 

3 after the date of the enactment of this Act, the Sec4 retary shall submit to the Committee on Veterans’ 

5 Affairs of the Senate and the Committee on Vet6 erans’ Affairs of the House of Representatives a re7 port on the implementation of the requirements 

8 under subsections (a) and (b), including a plan to 

9 enforce the proper implementation of such require10 ments systematically throughout the Department. 

11 (2) PERIODIC REPORTS.—Not later than 90 

12 days after the submittal of the report required by 

13 paragraph (1), and every 90 days thereafter for one 

14 year, the Secretary shall submit to the Committee 

15 on Veterans’ Affairs of the Senate and the Com16 mittee on Veterans’ Affairs of the House of Rep17 resentatives a report that includes the following: 

18 (A) The progress of the Secretary in car19 rying out the plan under paragraph (1) to en20 force the proper implementation of the require21 ments under subsections (a) and (b) systemati22 cally throughout the Department. 

23 (B) The impact of the implementation of 

24 such requirements on wait-times for veterans to 


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1 receive hospital care, medical services, and 

2 other health care, disaggregated by— 

3 (i) new patients; 

4 (ii) existing patients; 

5 (iii) primary care; and 

6 (iv) specialty care. 

7 (C) Any recommendations for changes or 

8 improvements to such requirements. 

9 (D) Any requests for additional funding 

10 necessary to carry out such requirements. 

11 SEC. 109. EXTENSION OF AND REPORT ON JOINT INCEN12 TIVES PROGRAM OF DEPARTMENT OF VET13 ERANS AFFAIRS AND DEPARTMENT OF DE14 FENSE. 

15 (a) EXTENSION.—Section 8111(d)(3) is amended by 

16 striking ‘‘September 30, 2015’’ and inserting ‘‘September 

17 30, 2020’’. 

18 (b) REPORTS.— 

19 (1) REPORT ON IMPLEMENTATION OF REC20 OMMENDATIONS.—Not later than 60 days after the 

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

22 Veterans Affairs and the Secretary of Defense shall 

23 jointly submit to Congress a report on the imple24 mentation by the Department of Veterans Affairs 

25 and the Department of Defense of the findings and 


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1 recommendations of the Comptroller General of the 

2 United States in the September 2012 report entitled 

3 ‘‘VA and DoD Health Care: Department-Level Ac4 tions Needed to Assess Collaboration Performance, 

5 Address Barriers, and Identify Opportunities’’ 

6 (GAO–12–992). 

7 (2) COMPTROLLER GENERAL REPORT.— 

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

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

10 Comptroller General of the United States shall 

11 submit to Congress a report assessing and pro12 viding recommendations for improvement to the 

13 program to identify, provide incentives to, im14 plement, fund, and evaluate creative coordina15 tion and sharing initiatives between the Depart16 ment of Veterans Affairs and the Department 

17 of Defense required under section 8111(d) of 

18 such title. 

19 (B) ELEMENTS.—The report required by 

20 subparagraph (A) shall include the following: 

21 (i) An assessment of the extent to 

22 which the program described in subpara23 graph (A) has accomplished the goal of 

24 such program to improve the access to, 

25 and quality and cost effectiveness of, the 


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1 health care provided by the Veterans 

2 Health Administration and the Military 

3 Health System to the beneficiaries of both 

4 the Department of Veterans Affairs and 

5 the Department of Defense. 

6 (ii) An assessment of whether admin7 istration of such program through the 

8 Health Executive Committee of the De9 partment of Veterans Affairs-Department 

10 of Defense Joint Executive Committee es11 tablished under section 320 of such title 

12 provides sufficient leadership attention and 

13 oversight to ensure maximum benefits to 

14 the Department of Veterans Affairs and 

15 the Department of Defense through col16 laborative efforts. 

17 (iii) An assessment of whether addi18 tional authorities to jointly construct, 

19 lease, or acquire facilities would facilitate 

20 additional collaborative efforts under such 

21 program. 

22 (iv) An assessment of whether the 

23 funding for such program is sufficient to 

24 ensure consistent identification of potential 

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1 sight of existing collaborations to ensure a 

2 meaningful partnership between the De3 partment of Veterans Affairs and the De4 partment of Defense and remove any bar5 riers to integration or collaboration. 

6 (v) An assessment of whether existing 

7 processes for identifying opportunities for 

8 collaboration are sufficient to ensure max9 imum collaboration between the Veterans 

10 Health Administration and the Military 

11 Health System. 

12 (vi) Such legislative or administrative 

13 recommendations for improvement to such 

14 program as the Comptroller General con15 siders appropriate to enhance the use of 

16 such program to increase access to health 

17 care. 

18 SEC. 110. TRANSFER OF AUTHORITY FOR PAYMENTS FOR 

19 HOSPITAL CARE, MEDICAL SERVICES, AND 

20 OTHER HEALTH CARE FROM NON-DEPART21 MENT PROVIDERS TO THE CHIEF BUSINESS 

22 OFFICE OF THE VETERANS HEALTH ADMINIS23 TRATION OF THE DEPARTMENT. 

24 (a) TRANSFER OF AUTHORITY.— 


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1 (1) IN GENERAL.—Effective on October 1, 

2 2014, the Secretary of Veterans Affairs shall trans3 fer the authority to pay for hospital care, medical 

4 services, and other health care through non-Depart5 ment providers to the Chief Business Office of the 

6 Veterans Health Administration of the Department 

7 of Veterans Affairs from the Veterans Integrated 

8 Service Networks and medical centers of the Depart9 ment of Veterans Affairs. 

10 (2) MANNER OF CARE.—The Chief Business 

11 Office shall work in consultation with the Office of 

12 Clinical Operations and Management of the Depart13 ment of Veterans Affairs to ensure that care and 

14 services described in paragraph (1) is provided in a 

15 manner that is clinically appropriate and effective. 

16 (3) NO DELAY IN PAYMENT.—The transfer of 

17 authority under paragraph (1) shall be carried out 

18 in a manner that does not delay or impede any pay19 ment by the Department for hospital care, medical 

20 services, or other health care provided through a 

21 non-Department provider under the laws adminis22 tered by the Secretary. 

23 (b) BUDGETARY EFFECT.—The Secretary shall, for 

24 each fiscal year that begins after the date of the enact25 ment of this Act— 


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1 (1) include in the budget for the Chief Business 

2 Office of the Veterans Health Administration 

3 amounts to pay for hospital care, medical services, 

4 and other health care provided through non-Depart5 ment providers, including any amounts necessary to 

6 carry out the transfer of authority to pay for such 

7 care and services under subsection (a), including any 

8 increase in staff; and 

9 (2) not include in the budget of each Veterans 

10 Integrated Service Network and medical center of 

11 the Department amounts to pay for such care and 

12 services. 

13 (c) REMOVAL FROM PERFORMANCE GOALS.—For 

14 each fiscal year that begins after the date of the enact15 ment of this Act, the Secretary shall not include in the 

16 performance goals of any employee of a Veterans Inte17 grated Service Network or medical center of the Depart18 ment any performance goal that might disincentivize the 

19 payment of Department amounts to provide hospital care, 

20 medical services, or other health care through a non-De21 partment provider. 

22 SEC. 110A. CONTRACTING FOR HOSPITAL CARE, MEDICAL 

23 SERVICES, AND OTHER HEALTH CARE. 

24 (a) USE OF CONTRACTS WITH CERTAIN ENTITIES.— 


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1 (1) IN GENERAL.—In providing hospital care, 

2 medical services, and other health care under the 

3 laws administered by the Secretary of Veterans Af4 fairs through the use of contracts, the Secretary 

5 shall prioritize the use of contracts or agreements 

6 with Federally Qualified Health Centers (FQHCs), 

7 medical facilities receiving funding from the Indian 

8 Health Service, and the Department of Defense. 

9 (2) PLAN ON INCREASED USE OF CON10 TRACTS.—The Secretary of Veterans Affairs shall, 

11 in consultation with the Secretary of Defense, the 

12 Secretary of Health and Human Services, and the 

13 Director of the Indian Health Service, develop a 

14 plan to increase the use of contracts described in 

15 paragraph (1) to improve the ability of the Depart16 ment of Veterans Affairs to provide hospital care, 

17 medical services, and other health care to veterans. 

18 (3) REPORT.—Not later than 180 days after 

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

20 of Veterans Affairs shall submit to Congress a re21 port on the plan required by paragraph (2). 

22 (b) BEST PRACTICES.—The Secretary shall modify 

23 the guidance of the Department of Veterans Affairs on 

24 contracts for hospital care, medical services, and other 

25 health care in order to provide for the incorporation into 


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1 such contracts of standardized requirements for best prac2 tices under such contracts, including the following: 

3 (1) Requirements that contracts provide the 

4 Department on a regular basis information on 

5 scheduling and appearance for appointments for hos6 pital care, medical services, and other health care on 

7 per-patient basis. 

8 (2) Such other best practices requirements as 

9 the Secretary considers appropriate. 

10 (c) FEDERALLY QUALIFIED HEALTH CENTER DE11 FINED.—In this section the term ‘‘Federally Qualified 

12 Health Center’’ means a Federally-qualified health center 

13 as defined in section 1905(l)(2)(B) of the Social Security 

14 Act (42 U.S.C. 1396d(l)(2)(B)). 

15 SEC. 110B. ENHANCEMENT OF COLLABORATION BETWEEN 

16 DEPARTMENT OF VETERANS AFFAIRS AND 

17 INDIAN HEALTH SERVICE. 

18 (a) OUTREACH TO TRIBAL-RUN MEDICAL FACILI19 TIES.—The Secretary of Veterans Affairs shall, in con20 sultation with the Director of the Indian Health Service, 

21 conduct outreach to each medical facility operated by an 

22 Indian tribe or tribal organization through a contract or 

23 compact with the Indian Health Service under the Indian 

24 Self-Determination and Education Assistance Act (25 

25 U.S.C. 450 et seq.) to raise awareness of the ability of 


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1 such facilities, Indian tribes, and tribal organizations to 

2 enter into agreements with the Department of Veterans 

3 Affairs under which the Secretary reimburses such facili4 ties, Indian tribes, or tribal organizations, as the case may 

5 be, for health care provided to veterans eligible for health 

6 care at such facilities. 

7 (b) METRICS FOR MEMORANDUM OF UNDER8 STANDING PERFORMANCE.—The Secretary of Veterans 

9 Affairs shall implement performance metrics for assessing 

10 the performance by the Department of Veterans Affairs 

11 and the Indian Health Service under the memorandum of 

12 understanding entitled ‘‘Memorandum of Understanding 

13 between the Department of Veterans Affairs (VA) and the 

14 Indian Health Service (IHS)’’ in increasing access to 

15 health care, improving quality and coordination of health 

16 care, promoting effective patient-centered collaboration 

17 and partnerships between the Department and the Serv18 ice, and ensuring health-promotion and disease-prevention 

19 services are appropriately funded and available for bene20 ficiaries under both health care systems. 

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

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

23 Affairs and the Director of the Indian Health Service shall 

24 jointly submit to Congress a report on the feasibility and 

25 advisability of the following: 


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1 (1) Entering into agreements for the reimburse2 ment by the Secretary of the costs of direct care 

3 services provided through organizations receiving 

4 amounts pursuant to grants made or contracts en5 tered into under section 503 of the Indian Health 

6 Care Improvement Act (25 U.S.C. 1653) to veterans 

7 who are otherwise eligible to receive health care from 

8 such organizations. 

9 (2) Including the reimbursement of the costs of 

10 direct care services provided to veterans who are not 

11 Indians in agreements between the Department and 

12 the following: 

13 (A) The Indian Health Service. 

14 (B) An Indian tribe or tribal organization 

15 operating a medical facility through a contract 

16 or compact with the Indian Health Service 

17 under the Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 450 et seq.). 

19 (C) A medical facility of the Indian Health 

20 Service. 

21 (d) DEFINITIONS.—In this section: 

22 (1) INDIAN.—The terms ‘‘Indian’’ and ‘‘Indian 

23 tribe’’ have the meanings given those terms in sec24 tion 4 of the Indian Health Care Improvement Act 

25 (25 U.S.C. 1603). 


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1 (2) MEDICAL FACILITY OF THE INDIAN

2 HEALTH SERVICE.—The term ‘‘medical facility of 

3 the Indian Health Service’’ includes a facility oper4 ated by an Indian tribe or tribal organization 

5 through a contract or compact with the Indian 

6 Health Service under the Indian Self-Determination 

7 and Education Assistance Act (25 U.S.C. 450 et 

8 seq.). 

9 (3) TRIBAL ORGANIZATION.—The term ‘‘tribal 

10 organization’’ has the meaning given the term in 

11 section 4 of the Indian Self-Determination and Edu12 cation Assistance Act (25 U.S.C. 450b). 

13 SEC. 110C. ENHANCEMENT OF COLLABORATION BETWEEN 

14 DEPARTMENT OF VETERANS AFFAIRS AND 

15 NATIVE HAWAIIAN HEALTH CARE SYSTEMS. 

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

17 shall, in consultation with Papa Ola Lokahi and such 

18 other organizations involved in the delivery of health care 

19 to Native Hawaiians as the Secretary considers appro20 priate, enter into contracts or agreements with Native Ha21 waiian health care systems that are in receipt of funds 

22 from the Secretary of Health and Human Services pursu23 ant to grants awarded or contracts entered into under sec24 tion 6(a) of the Native Hawaiian Health Care Improve25 ment Act (42 U.S.C. 11705(a)) for the reimbursement of 


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1 direct care services provided to eligible veterans as speci2 fied in such contracts or agreements. 

3 (b) DEFINITIONS.—In this section, the terms ‘‘Native 

4 Hawaiian’’, ‘‘Native Hawaiian health care system’’, and 

5 ‘‘Papa Ola Lokahi’’ have the meanings given those terms 

6 in section 12 of the Native Hawaiian Health Care Im7 provement Act (42 U.S.C. 11711). 

8 SEC. 110D. IMPROVEMENT OF ACCESS OF VETERANS TO 

9 MOBILE VET CENTERS OF THE DEPARTMENT 

10 OF VETERANS AFFAIRS. 

11 (a) IMPROVEMENT OF ACCESS.— 

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

13 Affairs shall improve the access of veterans to tele14 medicine and other health care through the use of 

15 mobile vet centers of the Department of Veterans 

16 Affairs by providing standardized requirements for 

17 the operation of such centers. 

18 (2) REQUIREMENTS.—The standardized re19 quirements required by paragraph (1) shall include 

20 the following: 

21 (A) The number of days each mobile vet 

22 center of the Department is expected to travel 

23 per year. 

24 (B) The number of locations each center is 

25 expected to visit per year. 


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1 (C) The number of appointments each cen2 ter is expected to conduct per year. 

3 (D) The method and timing of notifica4 tions given by each center to individuals in the 

5 area to which such center is traveling, including 

6 notifications informing veterans of the avail7 ability to schedule appointments at the center. 

8 (3) USE OF TELEMEDICINE.—The Secretary 

9 shall ensure that each mobile vet center of the De10 partment has the capability to provide telemedicine 

11 services. 

12 (b) REPORTS.—Not later than one year after the date 

13 of the enactment of this Act, and not later than September 

14 30 each year thereafter, the Secretary of Veterans Affairs 

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

16 Senate and the Committee on Veterans’ Affairs of the 

17 House of Representatives a report on the following: 

18 (1) The use of mobile vet centers to provide 

19 telemedicine services to veterans during the year 

20 preceding the submittal of the report, including the 

21 following: 

22 (A) The number of days each mobile vet 

23 center was open to provide such services. 

24 (B) The number of days each mobile vet 

25 center traveled to a location other than the 


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1 headquarters of the mobile vet center to provide 

2 such services. 

3 (C) The number of appointments each cen4 ter conducted to provide such services on aver5 age per month and in total during such year. 

6 (2) An analysis of the effectiveness of using mo7 bile vet centers to provide health care services to vet8 erans through the use of telemedicine. 

9 (3) Any recommendations for an increase in the 

10 number of mobile vet centers of the Department. 

11 (4) Any recommendations for an increase in the 

12 telemedicine capabilities of each mobile vet center. 

13 (5) The feasibility and advisability of using 

14 temporary health care providers, including locum 

15 tenens, to provide direct health care services to vet16 erans at mobile vet centers. 

17 (6) Such other recommendations on improve18 ment of the use of mobile vet centers by the Depart19 ment as the Secretary considers appropriate. 

20 SEC. 110E. COMMISSION ON ACCESS TO CARE. 

21 (a) ESTABLISHMENT OF COMMISSION.— 

22 (1) IN GENERAL.—There is established the 

23 Commission on Access to Care (in this section re24 ferred to as the ‘‘Commission’’) to examine the ac25 cess of veterans to health care from the Department 


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1 of Veterans Affairs and strategically examine how 

2 best to organize the Veterans Health Administra3 tion, locate health care resources, and deliver health 

4 care to veterans during the next 10 to 20 years. 

5 (2) MEMBERSHIP.— 

6 (A) VOTING MEMBERS.—The Commission 

7 shall be composed of 10 voting members who 

8 are appointed by the President as follows: 

9 (i) At least two members who rep10 resent an organization recognized by the 

11 Secretary of Veterans Affairs for the rep12 resentation of veterans under section 5902 

13 of title 38, United States Code. 

14 (ii) At least one member from among 

15 persons who are experts concerning a pub16 lic or private hospital system. 

17 (iii) At least one member from among 

18 persons who are familiar with government 

19 health care systems, including those sys20 tems of the Department of Defense, the 

21 Indian Health Service, and Federally-quali22 fied health centers (as defined in section 

23 1905(l)(2)(B) of the Social Security Act 

24 (42 U.S.C. 1396d(l)(2)(B))). 


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1 (iv) At least two members from 

2 among persons who are familiar with the 

3 Veterans Health Administration. 

4 (B) NONVOTING MEMBERS.—In addition 

5 to members appointed under subparagraph (A), 

6 the Commission shall be composed of 10 non7 voting members who are appointed by the 

8 President as follows: 

9 (i) At least two members who rep10 resent an organization recognized by the 

11 Secretary of Veterans Affairs for the rep12 resentation of veterans under section 5902 

13 of title 38, United States Code. 

14 (ii) At least one member from among 

15 persons who are experts in a public or pri16 vate hospital system. 

17 (iii) At least one member from among 

18 persons who are familiar with government 

19 health care systems, including those sys20 tems of the Department of Defense, the 

21 Indian Health Service, and Federally-quali22 fied health centers (as defined in section 

23 1905(l)(2)(B) of the Social Security Act 

24 (42 U.S.C. 1396d(l)(2)(B))). 


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1 (iv) At least two members from 

2 among persons who are familiar with the 

3 Veterans Health Administration. 

4 (C) DATE.—The appointments of members 

5 of the Commission shall be made not later than 

6 60 days after the date of the enactment of this 

7 Act. 

8 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

9 Members shall be appointed for the life of the Com10 mission. Any vacancy in the Commission shall not 

11 affect its powers, but shall be filled in the same 

12 manner as the original appointment. 

13 (4) INITIAL MEETING.—Not later than 15 days 

14 after the date on which seven voting members of the 

15 Commission have been appointed, the Commission 

16 shall hold its first meeting. 

17 (5) MEETINGS.—The Commission shall meet at 

18 the call of the Chairperson. 

19 (6) QUORUM.—A majority of the members of 

20 the Commission shall constitute a quorum, but a 

21 lesser number of members may hold hearings. 

22 (7) CHAIRPERSON AND VICE CHAIRPERSON.— 

23 The Commission shall select a Chairperson and Vice 

24 Chairperson from among its members. 

25 (b) DUTIES OF COMMISSION.— 


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1 (1) EVALUATION AND ASSESSMENT.—The Com2 mission shall undertake a comprehensive evaluation 

3 and assessment of access to health care at the De4 partment of Veterans Affairs. 

5 (2) MATTERS EVALUATED AND ASSESSED.— 

6 The matters evaluated and assessed by the Commis7 sion shall include the following: 

8 (A) The appropriateness of current stand9 ards of the Department of Veterans Affairs 

10 concerning access to health care. 

11 (B) The measurement of such standards. 

12 (C) The appropriateness of performance 

13 standards and incentives in relation to stand14 ards described in subparagraph (A). 

15 (D) Staffing levels throughout the Vet16 erans Health Administration and whether they 

17 are sufficient to meet current demand for 

18 health care from the Administration. 

19 (3) REPORTS.—The Commission shall submit 

20 to the President, through the Secretary of Veterans 

21 Affairs, reports as follows: 

22 (A) Not later than 90 days after the date 

23 of the initial meeting of the Commission, an in24 terim report on— 


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1 (i) the findings of the Commission 

2 with respect to the evaluation and assess3 ment required by this subsection; and 

4 (ii) such recommendations as the 

5 Commission may have for legislative or ad6 ministrative action to improve access to 

7 health care through the Veterans Health 

8 Administration. 

9 (B) Not later than 180 days after the date 

10 of the initial meeting of the Commission, a final 

11 report on— 

12 (i) the findings of the Commission 

13 with respect to the evaluation and assess14 ment required by this subsection; and 

15 (ii) such recommendations as the 

16 Commission may have for legislative or ad17 ministrative action to improve access to 

18 health care through the Veterans Health 

19 Administration. 

20 (c) POWERS OF THE COMMISSION.— 

21 (1) HEARINGS.—The Commission may hold 

22 such hearings, sit and act at such times and places, 

23 take such testimony, and receive such evidence as 

24 the Commission considers advisable to carry out this 

25 section. 


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1 (2) INFORMATION FROM FEDERAL AGENCIES.— 

2 The Commission may secure directly from any Fed3 eral department or agency such information as the 

4 Commission considers necessary to carry out this 

5 section. Upon request of the Chairperson of the 

6 Commission, the head of such department or agency 

7 shall furnish such information to the Commission. 

8 (d) COMMISSION PERSONNEL MATTERS.— 

9 (1) COMPENSATION OF MEMBERS.—Each mem10 ber of the Commission who is not an officer or em11 ployee of the Federal Government shall be com12 pensated at a rate equal to the daily equivalent of 

13 the annual rate of basic pay prescribed for level IV 

14 of the Executive Schedule under section 5315 of title 

15 5, United States Code, for each day (including travel 

16 time) during which such member is engaged in the 

17 performance of the duties of the Commission. All 

18 members of the Commission who are officers or em19 ployees of the United States shall serve without com20 pensation in addition to that received for their serv21 ices as officers or employees of the United States. 

22 (2) TRAVEL EXPENSES.—The members of the 

23 Commission shall be allowed travel expenses, includ24 ing per diem in lieu of subsistence, at rates author25 ized for employees of agencies under subchapter I of 


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1 chapter 57 of title 5, United States Code, while 

2 away from their homes or regular places of business 

3 in the performance of services for the Commission. 

4 (3) STAFF.— 

5 (A) IN GENERAL.—The Chairperson of the 

6 Commission may, without regard to the civil 

7 service laws and regulations, appoint and termi8 nate an executive director and such other addi9 tional personnel as may be necessary to enable 

10 the Commission to perform its duties. The em11 ployment of an executive director shall be sub12 ject to confirmation by the Commission. 

13 (B) COMPENSATION.—The Chairperson of 

14 the Commission may fix the compensation of 

15 the executive director and other personnel with16 out regard to chapter 51 and subchapter III of 

17 chapter 53 of title 5, United States Code, relat18 ing to classification of positions and General 

19 Schedule pay rates, except that the rate of pay 

20 for the executive director and other personnel 

21 may not exceed the rate payable for level V of 

22 the Executive Schedule under section 5316 of 

23 such title. 

24 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

25 Any Federal Government employee may be detailed 


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1 to the Commission without reimbursement, and such 

2 detail shall be without interruption or loss of civil 

3 service status or privilege. 

4 (5) PROCUREMENT OF TEMPORARY AND INTER5 MITTENT SERVICES.—The Chairperson of the Com6 mission may procure temporary and intermittent 

7 services under section 3109(b) of title 5, United 

8 States Code, at rates for individuals which do not 

9 exceed the daily equivalent of the annual rate of 

10 basic pay prescribed for level V of the Executive 

11 Schedule under section 5316 of such title. 

12 (e) TERMINATION OF THE COMMISSION.—The Com13 mission shall terminate 30 days after the date on which 

14 the Commission submits its report under subsection 

15 (b)(3)(B). 

16 (f) FUNDING.—The Secretary of Veterans Affairs 

17 shall make available to the Commission from amounts ap18 propriated or otherwise made available to the Secretary 

19 such amounts as the Secretary and the Chairperson of the 

20 Commission jointly consider appropriate for the Commis21 sion to perform its duties under this section. 

22 (g) EXECUTIVE ACTION.— 

23 (1) ACTION ON RECOMMENDATIONS.—The 

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1 partments and agencies to implement each rec2 ommendation set forth in a report submitted under 

3 subsection (b)(3) that the President— 

4 (A) considers feasible and advisable; and 

5 (B) determines can be implemented with6 out further legislative action. 

7 (2) REPORTS.—Not later than 60 days after 

8 the date on which the President receives a report 

9 under subsection (b)(3), the President shall submit 

10 to the Committee on Veterans’ Affairs of the Senate 

11 and the Committee on Veterans’ Affairs of the 

12 House of Representatives and such other committees 

13 of Congress as the President considers appropriate 

14 a report setting forth the following: 

15 (A) An assessment of the feasibility and 

16 advisability of each recommendation contained 

17 in the report received by the President. 

18 (B) For each recommendation assessed as 

19 feasible and advisable under subparagraph (A) 

20 the following: 

21 (i) Whether such recommendation re22 quires legislative action. 

23 (ii) If such recommendation requires 

24 legislative action, a recommendation con25 cerning such legislative action. 


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1 (iii) A description of any administra2 tive action already taken to carry out such 

3 recommendation. 

4 (iv) A description of any administra5 tive action the President intends to be 

6 taken to carry out such recommendation 

7 and by whom. 

8 SEC. 110F. REMOVAL OF SENIOR EXECUTIVE SERVICE EM9 PLOYEES OF THE DEPARTMENT OF VET10 ERANS AFFAIRS FOR PERFORMANCE. 

11 (a) REMOVAL OR TRANSFER.— 

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

13 adding at the end the following new section: 

14 ‘‘§ 713. Senior Executive Service: removal based on 

15 performance 

16 ‘‘(a) IN GENERAL.—The Secretary may remove any 

17 individual from the Senior Executive Service if the Sec18 retary determines the performance of the individual war19 rants such removal. If the Secretary so removes such an 

20 individual, the Secretary may— 

21 ‘‘(1) remove the individual from the civil service 

22 (as defined in section 2101 of title 5); or 

23 ‘‘(2) transfer the individual to a General Sched24 ule position at any grade of the General Schedule for 


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1 which the individual is qualified and that the Sec2 retary determines is appropriate. 

3 ‘‘(b) NOTICE TO CONGRESS.—Not later than 30 days 

4 after removing or transferring an individual from the Sen5 ior Executive Service under paragraph (1), the Secretary 

6 shall submit to the Committees on Veterans’ Affairs of 

7 the Senate and House of Representatives notice in writing 

8 of such removal or transfer and the reason for such re9 moval or transfer. 

10 ‘‘(c) APPEAL OF REMOVAL OR TRANSFER.—Any re11 moval or transfer under subsection (a) may be appealed 

12 to the Merit Systems Protection Board under section 7701 

13 of title 5 not later than 7 days after such removal or trans14 fer. 

15 ‘‘(d) EXPEDITED REVIEW BY MERIT SYSTEMS PRO16 TECTION BOARD.—(1) The Merit Systems Protection 

17 Board shall expedite any appeal under section 7701 of 

18 title 5 of a removal or transfer under subsection (a) and, 

19 in any such case, shall issue a decision not later than 21 

20 days after the date of the appeal. 

21 ‘‘(2) In any case in which the Merit Systems Protec22 tion Board determines that it cannot issue a decision in 

23 accordance with the 21-day requirement under paragraph 

24 (1), the Merit Systems Protection Board shall submit to 

25 Congress a report that explains the reason why the Merit 


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1 Systems Protection Board is unable to issue a decision in 

2 accordance with such requirement in such case. 

3 ‘‘(3) There is authorized to be appropriated such 

4 sums as may be necessary for the Merit Systems Protec5 tion Board to expedite appeals under paragraph (1). 

6 ‘‘(4) The Merit Systems Protection Board may not 

7 stay any personnel action taken under this section.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by adding at the end the following new item: 

‘‘713. Senior Executive Service: removal based on performance.’’. 

11 (b) ESTABLISHMENT OF EXPEDITED REVIEW PROC12 ESS.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 the date of the enactment of this Act, the Merit Sys15 tems Protection Board shall establish and put into 

16 effect a process to conduct expedited reviews in ac17 cordance with section 713(d) of title 38, United 

18 States Code. 

19 (2) INAPPLICABILITY OF CERTAIN REGULA20 TIONS.—Section 1201.22 of title 5, Code of Federal 

21 Regulations, as in effect on the day before the date 

22 of the enactment of this Act, shall not apply to expe23 dited reviews carried out under section 713(d) of 

24 title 38, United States Code. 


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1 (3) REPORT BY MERIT SYSTEMS PROTECTION

2 BOARD.—Not later than 30 days after the date of 

3 the enactment of this Act, the Merit Systems Pro4 tection Board shall submit to Congress a report on 

5 the actions the Board plans to take to conduct expe6 dited reviews under section 713(d) of title 38, 

7 United States Code, as added by subsection (a). 

8 Such report shall include a description of the re9 sources the Board determines will be necessary to 

10 conduct such reviews and a description of whether 

11 any resources will be necessary to conduct such re12 views that were not available to the Board on the 

13 day before the date of the enactment of this Act. 

14 (c) TEMPORARY EXEMPTION FROM CERTAIN LIMI15 TATION ON INITIATION OF REMOVAL FROM SENIOR EX16 ECUTIVE SERVICE.—During the 120-day period beginning 

17 on the date of the enactment of this Act, an action to re18 move an individual from the Senior Executive Service at 

19 the Department of Veterans Affairs pursuant to section 

20 713 of title 38, United States Code, as added by sub21 section (a), or section 7543 of title 5, United States Code, 

22 may be initiated, notwithstanding section 3592(b) of title 

23 5, United States Code, or any other provision of law. 

24 (d) CONSTRUCTION.—Nothing in this section or sec25 tion 713 of title 38, United States Code, as added by subVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 section (a), shall be construed to apply to an appeal of 

2 a removal, transfer, or other personnel action that was 

3 pending before the date of the enactment of this Act. 

4 SEC. 110G. AUTHORIZATION OF EMERGENCY APPROPRIA5 TIONS. 

6 There is authorized to be appropriated for the De7 partment of Veterans Affairs such sums as may be nec8 essary to carry out sections 103 through 110C of this Act. 

9 Subtitle B—Expansion and Im10 provements of Benefits Gen11 erally 

12 SEC. 111. FURTHER EXTENSION OF PERIOD OF ELIGIBILITY 

13 FOR HEALTH CARE FOR VETERANS OF COM14 BAT SERVICE DURING CERTAIN PERIODS OF 

15 HOSTILITIES AND WAR. 

16 Section 1710(e)(3) is amended— 

17 (1) in subparagraph (A), by striking ‘‘the date 

18 that is five years before the date of the enactment 

19 of the National Defense Authorization Act for Fiscal 

20 Year 2008, after a period of five years’’ and insert21 ing ‘‘January 27, 2003, after a period of 10 years’’; 

22 and 

23 (2) in subparagraph (B), by striking ‘‘more 

24 than five years’’ and all that follows and inserting 

25 ‘‘before January 28, 2003, and who did not enroll 


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1 in the patient enrollment system under section 1705 

2 of this title before January 28, 2008, after January 

3 27, 2018.’’. 

4 SEC. 112. EXPANSION OF ASSISTANCE AND SUPPORT SERV5 ICES FOR CAREGIVERS OF VETERANS. 

6 (a) EXPANSION OF ELIGIBLE VETERANS.—Sub7 section (a)(2)(B) of section 1720G is amended— 

8 (1) by striking ‘‘service on or after September 

9 11, 2001; and’’ and inserting ‘‘service— 

10 ‘‘(i) on or after September 11, 2001; or 

11 ‘‘(ii) that— 

12 ‘‘(I) is rated as 50 percent or more 

13 disabling on the schedule of rating for dis14 abilities of the Department; and 

15 ‘‘(II) requires the maximum amount 

16 and degree of personal care services al17 lowed under that schedule.’’. 

18 (b) SUPPORT SERVICES PROVIDED UNDER PROGRAM

19 OF GENERAL CAREGIVER SUPPORT SERVICES.—Sub20 section (b)(3)(A) of such section is amended— 

21 (1) in clause (i)— 

22 (A) by redesignating subclauses (II) and 

23 (III) as subclauses (III) and (IV), respectively; 

24 and 


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1 (B) by inserting after subclause (I) the fol2 lowing new subclause (II): 

3 ‘‘(II) for caregivers undergoing edu4 cational sessions pursuant to subclause (I), 

5 payment of necessary travel, lodging, and 

6 per diem expenses incurred by such care7 givers in undergoing such educational ses8 sions in such amounts as the Secretary 

9 shall prescribe for purposes of this sub10 clause;’’; 

11 (2) by striking clause (iii) and inserting the fol12 lowing new clause: 

13 ‘‘(iii) Respite care of not less than 30 days 

14 annually that is medically and age-appropriate, 

15 including in-home care and 24-hour per day 

16 care of the veteran commensurate with the care 

17 provided by the caregiver to permit extended 

18 respite.’’; 

19 (3) by redesignating clause (iv) as clause (v); 

20 and 

21 (4) by inserting after clause (iii) the following 

22 new clause (iv): 

23 ‘‘(iv) Such mental health services as the 

24 Secretary considers appropriate.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2015. 

3 SEC. 113. IMPROVED ACCESS TO APPROPRIATE IMMUNIZA4 TIONS FOR VETERANS. 

5 (a) INCLUSION OF RECOMMENDED ADULT IMMUNI6 ZATIONS AS MEDICAL SERVICES.— 

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

8 section 1701(9) is amended to read as follows: 

9 ‘‘(F) immunizations against infectious dis10 eases, including each immunization on the rec11 ommended adult immunization schedule at the 

12 time such immunization is indicated on that 

13 schedule;’’. 

14 (2) RECOMMENDED ADULT IMMUNIZATION

15 SCHEDULE DEFINED.—Section 1701 is amended by 

16 adding after paragraph (9) the following new para17 graph: 

18 ‘‘(10) The term ‘recommended adult immuniza19 tion schedule’ means the schedule established (and 

20 periodically reviewed and, as appropriate, revised) by 

21 the Advisory Committee on Immunization Practices 

22 established by the Secretary of Health and Human 

23 Services and delegated to the Centers for Disease 

24 Control and Prevention.’’. 


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1 (b) INCLUSION OF RECOMMENDED ADULT IMMUNI2 ZATIONS IN ANNUAL REPORT.—Section 1704(1)(A) is 

3 amended— 

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

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

6 end and inserting ‘‘; and’’; and 

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

8 new clause: 

9 ‘‘(iii) to provide veterans each immu10 nization on the recommended adult immu11 nization schedule at the time such immuni12 zation is indicated on that schedule.’’. 

13 (c) REPORT TO CONGRESS.— 

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

15 after the date of the enactment of this Act, the Sec16 retary of Veterans Affairs shall submit to the Com17 mittee on Veterans’ Affairs of the Senate and the 

18 Committee on Veterans’ Affairs of the House of 

19 Representatives a report on the development and im20 plementation by the Department of Veterans Affairs 

21 of quality measures and metrics, including targets 

22 for compliance, to ensure that veterans receiving 

23 medical services under chapter 17 of title 38, United 

24 States Code, receive each immunization on the recVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 ommended adult immunization schedule at the time 

2 such immunization is indicated on that schedule. 

3 (2) RECOMMENDED ADULT IMMUNIZATION

4 SCHEDULE DEFINED.—In this subsection, the term 

5 ‘‘recommended adult immunization schedule’’ has 

6 the meaning given that term in section 1701(10) of 

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

8 (a)(2). 

9 (3) EFFECTIVE DATE.—This subsection shall 

10 take effect on the date that is one year after the 

11 date of the enactment of this Act. 

12 SEC. 114. EXPANSION OF PROVISION OF CHIROPRACTIC 

13 CARE AND SERVICES TO VETERANS. 

14 (a) PROGRAM FOR PROVISION OF CHIROPRACTIC

15 CARE AND SERVICES TO VETERANS.—Section 204(c) of 

16 the Department of Veterans Affairs Health Care Pro17 grams Enhancement Act of 2001 (Public Law 107–135; 

18 115 Stat. 2459; 38 U.S.C. 1710 note) is amended— 

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

20 and 

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

22 paragraph: 

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

24 than two medical centers or clinics in each Veterans Inte25 grated Service Network by not later than one year after 


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1 the effective date specified in section 114(c) of the Restor2 ing Veterans Trust Act of 2014, and at not fewer than 

3 50 percent of all medical centers in each Veterans Inte4 grated Service Network by not later than two years after 

5 such effective date.’’. 

6 (b) EXPANDED CHIROPRACTOR SERVICES AVAIL7 ABLE TO VETERANS.— 

8 (1) MEDICAL SERVICES.—Paragraph (6) of sec9 tion 1701 is amended by adding at the end the fol10 lowing new subparagraph: 

11 ‘‘(H) Chiropractic services.’’. 

12 (2) REHABILITATIVE SERVICES.—Paragraph 

13 (8) of such section is amended by inserting ‘‘chiro14 practic,’’ after ‘‘counseling,’’. 

15 (3) PREVENTIVE HEALTH SERVICES.—Para16 graph (9) of such section is amended— 

17 (A) by redesignating subparagraphs (F) 

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

19 respectively; and 

20 (B) by inserting after subparagraph (E) 

21 the following new subparagraph (F): 

22 ‘‘(F) periodic and preventive chiropractic 

23 examinations and services;’’. 

24 (c) EFFECTIVE DATE.—This section and the amend25 ments made by this section shall take effect on the date 


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1 that is one year after the date of the enactment of this 

2 Act. 

3 SEC. 115. MODIFICATION OF COMMENCEMENT DATE OF PE4 RIOD OF SERVICE AT CAMP LEJEUNE, NORTH 

5 CAROLINA, FOR ELIGIBILITY FOR HOSPITAL 

6 CARE AND MEDICAL SERVICES IN CONNEC7 TION WITH EXPOSURE TO CONTAMINATED 

8 WATER. 

9 (a) MODIFICATION.—Section 1710(e)(1)(F) is 

10 amended by striking ‘‘January 1, 1957,’’ and inserting 

11 ‘‘August 1, 1953 (or such earlier date for the commence12 ment of exposure to contaminated water at Camp Lejeune 

13 as the Secretary, in consultation with the Agency for Toxic 

14 Substances and Disease Registry, shall specify),’’. 

15 (b) PUBLICATION.—The Secretary of Veterans Af16 fairs shall publish in the Federal Register a notice of any 

17 earlier date for the commencement of exposure to contami18 nated water at Camp Lejeune, North Carolina, for pur19 poses of section 1710(e)(1)(F) of title 38, United States 

20 Code, as amended by subsection (a). 

21 SEC. 116. EXPANSION OF EMERGENCY TREATMENT REIM22 BURSEMENT FOR CERTAIN VETERANS. 

23 (a) IN GENERAL.—Section 1725(b)(2)(B) is amend24 ed— 

25 (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; 


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1 (2) by striking the period at the end and insert2 ing ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(ii) the veteran was unable to receive care 

5 under this chapter within such 24-month period be6 cause of a waiting period imposed by the Depart7 ment with respect to a new patient examination of 

8 such veteran.’’. 

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

10 subsection (a) shall take effect on the date that is one 

11 year after the date of the enactment of this Act. 

12 SEC. 117. EXTENSION OF SUNSET DATE REGARDING TRANS13 PORTATION OF INDIVIDUALS TO AND FROM 

14 FACILITIES OF DEPARTMENT OF VETERANS 

15 AFFAIRS AND REQUIREMENT OF REPORT. 

16 (a) EXTENSION OF SUNSET DATE.—Subsection 

17 (a)(2) of section 111A is amended by striking ‘‘December 

18 31, 2014’’ and inserting ‘‘September 30, 2016’’. 

19 (b) FUNDING AVAILABLE.—Such section is further 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(c) FUNDING.—There is hereby authorized to be ap23 propriated to the Department to carry out this section the 

24 following: 

25 ‘‘(1) For fiscal year 2014, $2,000,000. 


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1 ‘‘(2) For each of fiscal years 2015 and 2016, 

2 $4,000,000.’’. 

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

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

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

6 the Committee on Veterans’ Affairs of the House of Rep7 resentatives a report on— 

8 (1) the efforts of the Secretary to carry out the 

9 transportation services required by section 111A(a) 

10 of title 38, United States Code; 

11 (2) the utilization of those services by covered 

12 veterans; and 

13 (3) the feasibility and advisability of the con14 tinuation of the provision of such services after Sep15 tember 30, 2015. 

16 SEC. 118. EXTENSION AND MODIFICATION OF PILOT PRO17 GRAM ON ASSISTED LIVING SERVICES FOR 

18 VETERANS WITH TRAUMATIC BRAIN INJURY. 

19 (a) EXTENSION OF PROGRAM.—Subsection (a) of 

20 section 1705 of the National Defense Authorization Act 

21 for Fiscal Year 2008 (Public Law 110–181; 38 U.S.C. 

22 1710C note) is amended by striking ‘‘a five-year’’ and in23 serting ‘‘an eight-year’’. 

24 (b) MODIFICATION OF LOCATIONS.—Subsection (b) 

25 of such section is amended— 


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1 (1) by redesignating paragraph (2) as para2 graph (3); and 

3 (2) by striking paragraph (1) and inserting the 

4 following new paragraphs: 

5 ‘‘(1) IN GENERAL.—The pilot program shall be 

6 carried out at locations selected by the Secretary for 

7 purposes of the pilot program. 

8 ‘‘(2) LOCATED IN SAME REGION AS

9 POLYTRAUMA CENTERS.—Of the locations selected 

10 under paragraph (1), at least one location shall be 

11 in each health care region of the Veterans Health 

12 Administration of the Department of Veterans Af13 fairs that contains a polytrauma center of the De14 partment of Veterans Affairs.’’. 

15 (c) MODIFICATION OF REPORT REQUIREMENTS.— 

16 Subsection (e) of such section is amended to read as fol17 lows: 

18 ‘‘(e) REPORTS.— 

19 ‘‘(1) ANNUAL REPORT.— 

20 ‘‘(A) IN GENERAL.—Not later than two 

21 years after the date of the enactment of the Re22 storing Veterans Trust Act of 2014, and not 

23 later than September 30 each year thereafter 

24 until 2018, the Secretary shall submit to the 

25 Committee on Veterans’ Affairs of the Senate 


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1 and the Committee on Veterans’ Affairs of the 

2 House of Representatives a report on the pilot 

3 program. 

4 ‘‘(B) ELEMENTS.—Each report submitted 

5 under subparagraph (A) shall include the fol6 lowing: 

7 ‘‘(i) The number of individuals that 

8 participated in the pilot program during 

9 the year preceding the submission of the 

10 report. 

11 ‘‘(ii) The number of individuals that 

12 successfully completed the pilot program 

13 during the year preceding the submission 

14 of the report. 

15 ‘‘(iii) The degree to which pilot pro16 gram participants and family members of 

17 pilot program participants were satisfied 

18 with the pilot program. 

19 ‘‘(iv) The interim findings and conclu20 sions of the Secretary with respect to the 

21 success of the pilot program and rec22 ommendations for improvement. 

23 ‘‘(2) FINAL REPORT.— 

24 ‘‘(A) IN GENERAL.—Not later than 60 

25 days after the completion of the pilot program, 


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1 the Secretary shall submit to the Committee on 

2 Veterans’ Affairs of the Senate and the Com3 mittee on Veterans’ Affairs of the House of 

4 Representatives a final report on the pilot pro5 gram. 

6 ‘‘(B) ELEMENTS.—The final report re7 quired by subparagraph (A) shall include the 

8 following: 

9 ‘‘(i) A description of the pilot pro10 gram. 

11 ‘‘(ii) An assessment of the utility of 

12 the activities under the pilot program in 

13 enhancing the rehabilitation, quality of life, 

14 and community reintegration of veterans 

15 with traumatic brain injury, including com16 plex mild traumatic brain injury. 

17 ‘‘(iii) Such recommendations as the 

18 Secretary considers appropriate regarding 

19 improving the pilot program.’’. 

20 (d) MODIFICATION OF DEFINITIONS.— 

21 (1) COMMUNITY-BASED BRAIN INJURY RESI22 DENTIAL REHABILITATIVE CARE SERVICES.—Such 

23 section is further amended— 

24 (A) in the section heading, by striking 

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1 NITY-BASED BRAIN INJURY RESIDENTIAL

2 REHABILITATIVE CARE’’; 

3 (B) in subsection (c), in the subsection 

4 heading, by striking ‘‘ASSISTED LIVING’’ and 

5 inserting ‘‘COMMUNITY-BASED BRAIN INJURY

6 RESIDENTIAL REHABILITATIVE CARE’’; 

7 (C) by striking ‘‘assisted living’’ each place 

8 it appears, and inserting ‘‘community-based 

9 brain injury rehabilitative care’’; and 

10 (D) in subsection (f)(1), by striking ‘‘and 

11 personal care’’ and inserting ‘‘rehabilitation, 

12 and personal care’’. 

13 (2) ELIGIBLE VETERAN.—Subsection (f)(3) of 

14 such section is amended— 

15 (A) in subparagraph (C), by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (B) in subparagraph (D), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

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

20 subparagraph: 

21 ‘‘(E) has a traumatic brain injury that is 

22 classified as complex-mild to severe.’’. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated for the Department of Vet25 erans Affairs for fiscal year 2015 $46,000,000 to carry 


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1 out the pilot program under section 1705 of the National 

2 Defense Authorization Act for Fiscal Year 2008 (Public 

3 Law 110–181; 38 U.S.C. 1710C note), as amended by this 

4 section. The amount so authorized to be appropriated shall 

5 be available for obligation for the three-year period begin6 ning on the date that is one year after the date of the 

7 enactment of this Act. 

8 (f) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on October 1, 2014. 

10 SEC. 119. REAUTHORIZATION AND MODIFICATION OF 

11 PILOT PROGRAM OF ENHANCED CONTRACT 

12 CARE AUTHORITY FOR HEALTH CARE NEEDS 

13 OF VETERANS. 

14 Section 403 of the Veterans’ Mental Health and 

15 Other Care Improvements Act of 2008 (Public Law 110– 

16 387; 38 U.S.C. 1703 note) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (2), by striking ‘‘120 

19 days after the date of the enactment of this 

20 Act’’ and inserting ‘‘90 days after the date of 

21 the enactment of the Restoring Veterans Trust 

22 Act of 2014’’; and 

23 (B) by amending paragraph (4) to read as 

24 follows: 


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1 ‘‘(4) PROGRAM LOCATIONS.—The Secretary 

2 shall carry out the pilot program at locations in the 

3 following Veterans Integrated Service Networks (and 

4 such other locations as the Secretary considers ap5 propriate): 

6 ‘‘(A) Veterans Integrated Service Network 

7 1. 

8 ‘‘(B) Veterans Integrated Service Network 

9 6. 

10 ‘‘(C) Veterans Integrated Service Network 

11 15. 

12 ‘‘(D) Veterans Integrated Service Network 

13 18. 

14 ‘‘(E) Veterans Integrated Service Network 

15 19.’’; 

16 (2) by amending subsection (b) to read as fol17 lows: 

18 ‘‘(b) COVERED VETERANS.—For purposes of the 

19 pilot program under this section, a covered veteran is any 

20 rural or highly rural veteran who— 

21 ‘‘(1) is— 

22 ‘‘(A) enrolled in the system of patient en23 rollment established under section 1705(a) of 

24 title 38, United States Code; 


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1 ‘‘(B) eligible for health care under the laws 

2 administered by the Secretary and enrolls in 

3 such system of patient enrollment not later 

4 than 30 days after the veteran begins receiving 

5 covered health services under the pilot program; 

6 or 

7 ‘‘(C) eligible for health care under section 

8 1710(e)(3) of such title; and 

9 ‘‘(2) resides in a location that is— 

10 ‘‘(A) more than 60 minutes driving dis11 tance from the nearest Department health care 

12 facility providing primary care services, if the 

13 veteran is seeking such services; 

14 ‘‘(B) more than 120 minutes driving dis15 tance from the nearest Department health care 

16 facility providing acute hospital care, if the vet17 eran is seeking such care; or 

18 ‘‘(C) more than 240 minutes driving dis19 tance from the nearest Department health care 

20 facility providing tertiary care, if the veteran is 

21 seeking such care.’’; 

22 (3) by redesignating subsection (h) as sub23 section (j); 

24 (4) by inserting after subsection (g) the fol25 lowing new subsections: 


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1 ‘‘(h) APPOINTMENTS.—In carrying out the pilot pro2 gram under this section, the Secretary shall ensure that 

3 medical appointments for veterans occur during the 30- 

4 day period beginning on the date that is 15 days after 

5 the date on which the appointment is requested. 

6 ‘‘(i) OUTREACH.—The Secretary shall ensure that a 

7 veteran eligible for the pilot program under this section 

8 is informed of such program.’’; and 

9 (5) in paragraph (2)(B) of subsection (j), as re10 designated by paragraph (3) of this section, by strik11 ing the semicolon at the end and inserting ‘‘; and’’. 

12 Subtitle C—Health Care 

13 Administration 

14 SEC. 121. EXTENSION OF DEPARTMENT OF VETERANS AF15 FAIRS HEALTH PROFESSIONAL SCHOLAR16 SHIP PROGRAM. 

17 Section 7619 is amended by striking ‘‘December 31, 

18 2014’’ and inserting ‘‘December 31, 2019’’. 

19 SEC. 122. EXPANSION OF AVAILABILITY OF PROSTHETIC 

20 AND ORTHOTIC CARE FOR VETERANS. 

21 (a) ESTABLISHMENT OR EXPANSION OF ADVANCED

22 DEGREE PROGRAMS TO EXPAND AVAILABILITY OF PRO23 VISION OF CARE.—The Secretary of Veterans Affairs shall 

24 work with institutions of higher education to develop part25 nerships for the establishment or expansion of programs 


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1 of advanced degrees in prosthetics and orthotics in order 

2 to improve and enhance the availability of high quality 

3 prosthetic and orthotic care for veterans. 

4 (b) REPORT.—Not later than one year after the date 

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

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

7 the Committee on Veterans’ Affairs of the House of Rep8 resentatives a report setting forth a plan for carrying out 

9 subsection (a). The Secretary shall develop the plan in 

10 consultation with veterans service organizations, institu11 tions of higher education with accredited degree programs 

12 in prosthetics and orthotics, and representatives of the 

13 prosthetics and orthotics field. 

14 (c) FUNDING.— 

15 (1) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is hereby authorized to be appropriated for 

17 fiscal year 2015 for the Department of Veterans Af18 fairs, $10,000,000 to carry out this section. 

19 (2) AVAILABILITY.—The amount authorized to 

20 be appropriated by paragraph (1) shall remain avail21 able for expenditure until September 30, 2017. 

22 SEC. 123. LIMITATION ON EXPANSION OF DIALYSIS PILOT 

23 PROGRAM. 

24 (a) LIMITATION.—The Secretary of Veterans Affairs 

25 shall not expand the dialysis pilot program to, or expand 


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1 the capacity to provide additional dialysis care at, any fa2 cility owned or leased by the Department that is not an 

3 initial facility until after the date that— 

4 (1) the Secretary has implemented the dialysis 

5 pilot program at each initial facility for a period of 

6 not less than two years; 

7 (2) an independent analysis of the dialysis pilot 

8 program has been conducted at each initial facility, 

9 including a consideration and comparison of factors 

10 including— 

11 (A) the ability of veterans to access care 

12 under the dialysis pilot program; 

13 (B) the quality of care provided under the 

14 dialysis pilot program; and 

15 (C) the satisfaction of veterans who have 

16 received treatment under the dialysis pilot pro17 gram; and 

18 (3) the report required by subsection (b) has 

19 been submitted. 

20 (b) REPORT.—Not later than 60 days after the date 

21 of the completion of the independent analysis required by 

22 subsection (a)(2), the Secretary shall submit to Congress 

23 a report that— 

24 (1) includes the results of that independent 

25 analysis; and 


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1 (2) addresses any recommendations with re2 spect to the dialysis pilot program provided in a re3 port prepared by the Government Accountability Of4 fice. 

5 (c) UTILIZATION OF EXISTING DIALYSIS RE6 SOURCES.—In order to increase the access of veterans to 

7 dialysis care and decrease the travel time of such veterans 

8 to receive such care, the Secretary shall fully utilize exist9 ing dialysis resources of the Department, including any 

10 community dialysis provider with which the Department 

11 has entered into a contract or agreement for the provision 

12 of such care. 

13 (d) DEFINITIONS.—In this section: 

14 (1) DIALYSIS PILOT PROGRAM.—The term ‘‘di15 alysis pilot program’’ means the pilot demonstration 

16 program established by the Secretary in 2009 to 

17 provide dialysis care to patients at certain outpatient 

18 facilities operated by the Department of Veterans 

19 Affairs. 

20 (2) INITIAL FACILITY.—The term ‘‘initial facil21 ity’’ means one of the four outpatient facilities iden22 tified by the Secretary to participate in the dialysis 

23 pilot program prior to the date of the enactment of 

24 this Act. 


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

2 on the date that is one year after the date of the enact3 ment of this Act. 

4 SEC. 124. REQUIREMENT FOR DEPARTMENT OF VETERANS 

5 AFFAIRS POLICY ON REPORTING CASES OF 

6 INFECTIOUS DISEASES AT FACILITIES OF 

7 THE DEPARTMENT. 

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

9 amended by adding at the end the following new section: 

10 ‘‘§ 7330B. Reporting of infectious diseases 

11 ‘‘(a) REPORTING.—The Secretary shall ensure that 

12 the Department has in effect an up-to-date policy on re13 porting a notifiable infectious disease diagnosed at a facil14 ity under the jurisdiction of the Secretary in accordance 

15 with the provisions of State and local law in effect where 

16 such facility is located. 

17 ‘‘(b) NOTIFIABLE INFECTIOUS DISEASE.—For pur18 poses of this section, a notifiable infectious disease is any 

19 infectious disease that is— 

20 ‘‘(1) on the list of nationally notifiable diseases 

21 published by the Council of State and Territorial 

22 Epidemiologists and the Centers for Disease Control 

23 and Prevention; or 

24 ‘‘(2) covered by a provision of law of a State 

25 that requires the reporting of infectious diseases. 


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1 ‘‘(c) PERFORMANCE MEASURES.—The Secretary 

2 shall develop performance measures to assess whether and 

3 to what degree the directors of Veterans Integrated Serv4 ice Networks and Department medical centers are com5 plying with the policy required by subsection (a).’’. 

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

7 at the beginning of chapter 73 is amended by inserting 

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

9 item: 

‘‘7330B. Reporting of infectious diseases.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date that is one year 

12 after the date of the enactment of this Act. 

13 SEC. 125. INDEPENDENT ASSESSMENT OF THE VETERANS 

14 INTEGRATED SERVICE NETWORKS AND MED15 ICAL CENTERS OF DEPARTMENT OF VET16 ERANS AFFAIRS. 

17 (a) CONTRACT.— 

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

19 Affairs shall seek to enter into a contract with an 

20 independent third party to perform the services cov21 ered by this section. 

22 (2) TIMING.—The Secretary shall seek to enter 

23 into the contract described in paragraph (1) not 

24 later than 540 days after the date of the enactment 

25 of this Act. 


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1 (b) INDEPENDENT STUDY.— 

2 (1) IN GENERAL.—Under a contract between 

3 the Secretary and an independent third party under 

4 this section, the third party shall carry out a 

5 study— 

6 (A) to assess the organizational structures 

7 of medical centers of the Department of Vet8 erans Affairs; and 

9 (B) to improve succession planning among 

10 key leadership roles at Veterans Integrated 

11 Service Networks and medical centers of the 

12 Department. 

13 (2) MATTERS STUDIED AND PROPOSED.—In 

14 carrying out the study, the third party shall— 

15 (A) assess whether the organizational 

16 structure of the medical centers of the Depart17 ment is effective for the furnishing of medical 

18 services, addressing issues that arise regarding 

19 the furnishing of medical services, and address20 ing standard business operations; 

21 (B) propose one organizational chart for 

22 Department medical centers with a common set 

23 of base position descriptions; 

24 (C) propose a base set of medical positions 

25 that should be filled to ensure that the health 


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1 care provided to veterans by the Department is 

2 of good quality; and 

3 (D) identify which key leadership positions 

4 at Veterans Integrated Service Networks and 

5 Department medical centers should have succes6 sion plans and propose how to implement such 

7 plans. 

8 (3) TIMING.—The third party shall complete 

9 the study under this section not later than 270 days 

10 after entering into the contract described in sub11 section (a). 

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

13 on which the third party completes the study under this 

14 section, the Secretary shall submit to the Committee on 

15 Veterans’ Affairs of the Senate and the Committee on Vet16 erans’ Affairs of the House of Representatives a report 

17 on the results of such study. 

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

19 on the date that is one year after the date of the enact20 ment of this Act. 

21 SEC. 126. REQUIREMENTS IN CONNECTION WITH NEXT UP22 DATE OF CURRENT STRATEGIC PLAN FOR OF23 FICE OF RURAL HEALTH OF THE DEPART24 MENT OF VETERANS AFFAIRS. 

25 (a) REQUIREMENTS.— 


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1 (1) IN GENERAL.—The first update of the Stra2 tegic Plan Refresh for Fiscal Years 2012 through 

3 2014 of the Office of Rural Health of the Depart4 ment of Veterans Affairs after the date of the enact5 ment of this Act, whether an update or refresh of 

6 such Strategic Plan Refresh or a strategic plan to 

7 supersede such Strategic Plan Refresh, shall be pre8 pared in accordance with this section. 

9 (2) CONSULTATION.—The Director of the Of10 fice of Rural Health shall prepare the update in con11 sultation with the following: 

12 (A) The Director of the Health Care Re13 tention and Recruitment Office of the Depart14 ment. 

15 (B) The Director of the Office of Quality 

16 and Performance of the Department. 

17 (C) The Director of the Office of Care Co18 ordination Services of the Department. 

19 (b) ELEMENTS.—The update described in subsection 

20 (a) shall include, for the period covered by the update, 

21 the following: 

22 (1) Goals and objectives for the recruitment 

23 and retention by the Veterans Health Administra24 tion of health care personnel in rural areas. 


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1 (2) Goals and objectives for ensuring timeliness 

2 and improving quality in the delivery of health care 

3 services by the Veterans Health Administration in 

4 rural areas through contract and fee-basis providers. 

5 (3) Goals and objectives for the implementation, 

6 expansion, and enhanced use of telemedicine services 

7 by the Veterans Health Administration in rural 

8 areas, including through coordination with other ap9 propriate offices of the Department. 

10 (4) Goals and objectives for ensuring the full 

11 and effective use of mobile outpatient clinics by the 

12 Veterans Health Administration for the provision of 

13 health care services in rural areas, including goals 

14 and objectives for the use of such clinics on a fully 

15 mobile basis and for encouraging health care pro16 viders who provide services through such clinics to 

17 do so in rural areas. 

18 (5) Procedures for soliciting from each Vet19 erans Health Administration facility that serves a 

20 rural area the following: 

21 (A) A statement of the clinical capacity of 

22 such facility. 

23 (B) The procedures of such facility in the 

24 event of a medical, surgical, or mental health 


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1 emergency outside the scope of the clinical ca2 pacity of such facility. 

3 (C) The procedures and mechanisms of 

4 such facility for the provision and coordination 

5 of health care for women veterans, including 

6 procedures and mechanisms for coordination 

7 with local hospitals and health care facilities, 

8 oversight of primary care and fee-basis care, 

9 and management of specialty care. 

10 (6) Goals and objectives for the modification of 

11 the funding allocation mechanisms of the Office of 

12 Rural Health in order to ensure that the Office dis13 tributes funds to components of the Department to 

14 best achieve the goals and objectives of the Office 

15 and in a timely manner. 

16 (7) Goals and objectives for the coordination of, 

17 and sharing of resources with respect to, the provi18 sion of health care services to veterans in rural areas 

19 between the Department of Veterans Affairs, the 

20 Department of Defense, the Indian Health Service 

21 of the Department of Health and Human Services, 

22 and other Federal agencies, as appropriate and pru23 dent. 

24 (8) Specific milestones for the achievement of 

25 the goals and objectives developed for the update. 


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1 (9) Procedures for ensuring the effective imple2 mentation of the update. 

3 (c) TRANSMITTAL TO CONGRESS.—Not later than 90 

4 days after the date of the issuance of the update described 

5 in subsection (a), the Secretary of Veterans Affairs shall 

6 transmit the update to Congress, together with such com7 ments and recommendations in connection with the update 

8 as the Secretary considers appropriate. 

9 SEC. 127. REPORT ON PROVISION OF TELEMEDICINE SERV10 ICES. 

11 (a) IN GENERAL.—Not later than two years after the 

12 date of the enactment of this Act, the Secretary of Vet13 erans Affairs shall submit to the Committee on Veterans’ 

14 Affairs of the Senate and the Committee on Veterans’ Af15 fairs of the House of Representatives a report on the fol16 lowing: 

17 (1) Issues that may be impeding the provision 

18 by the Department of Veterans Affairs of telemedi19 cine services for veterans, including the following: 

20 (A) Statutory or regulatory restrictions. 

21 (B) Licensure or credentialing issues for 

22 any provider practicing telemedicine with vet23 erans who live in a different State than the pro24 vider. 


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1 (C) Limited broadband access in rural 

2 areas. 

3 (D) Limited information technology re4 sources or capabilities. 

5 (E) Long distances veterans must travel to 

6 access a facility or clinic with telemedicine ca7 pabilities. 

8 (F) Insufficient liability protection for pro9 viders. 

10 (G) Reimbursement issues faced by pro11 viders. 

12 (H) Travel limitations for providers that 

13 are unaffiliated with the Department and are 

14 participating or seeking to participate in a tele15 medicine program of the Department. 

16 (2) Actions taken to address the issues identi17 fied in paragraph (1). 

18 (3) An update on efforts by the Department to 

19 carry out the initiative of teleconsultation for the 

20 provision of remote mental health and traumatic 

21 brain injury assessments required by section 1709A 

22 of title 38, United States Code. 

23 (4) An update on efforts by the Department to 

24 offer training opportunities in telemedicine to med25 ical residents, as required by section 108(b) of the 


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1 Janey Ensminger Act (Public Law 112–154; 38 

2 U.S.C. 7406 note). 

3 (5) An update on efforts by the Department to, 

4 in partnership with primary care providers, install 

5 video cameras and instruments to monitor weight, 

6 blood pressure, and other vital statistics in the 

7 homes of patients. 

8 (b) TELEMEDICINE DEFINED.—In this section, the 

9 term ‘‘telemedicine’’ means the use by a health care pro10 vider of telecommunications to assist in the diagnosis or 

11 treatment of a patient’s medical condition. 

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

13 on the date that is one year after the date of the enact14 ment of this Act. 

15 SEC. 128. DESIGNATION OF CORPORAL MICHAEL J. 

16 CRESCENZ DEPARTMENT OF VETERANS AF17 FAIRS MEDICAL CENTER. 

18 (a) DESIGNATION.—The medical center of the De19 partment of Veterans Affairs located at 3900 Woodland 

20 Avenue in Philadelphia, Pennsylvania, shall after the date 

21 of the enactment of this Act be known and designated as 

22 the ‘‘Corporal Michael J. Crescenz Department of Vet23 erans Affairs Medical Center’’. 

24 (b) REFERENCES.—Any reference in any law, regula25 tion, map, document, paper, or other record of the United 


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1 States to the medical center referred to in subsection (a) 

2 shall be considered to be a reference to the Corporal Mi3 chael J. Crescenz Department of Veterans Affairs Medical 

4 Center. 

5 Subtitle D—Complementary and 

6 Alternative Medicine 

7 SEC. 131. EXPANSION OF RESEARCH AND EDUCATION ON 

8 AND DELIVERY OF COMPLEMENTARY AND 

9 ALTERNATIVE MEDICINE TO VETERANS. 

10 (a) DEVELOPMENT OF PLAN TO EXPAND RE11 SEARCH, EDUCATION, AND DELIVERY.—Not later than 

12 six months after the effective date specified in subsection 

13 (f), the Secretary of Veterans Affairs shall develop a plan 

14 to expand materially and substantially the scope of re15 search and education on, and delivery and integration of, 

16 complementary and alternative medicine services into the 

17 health care services provided to veterans. 

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

19 shall provide for the following: 

20 (1) Research on the following: 

21 (A) The comparative effectiveness of var22 ious complementary and alternative medicine 

23 therapies. 

24 (B) Approaches to integrating complemen25 tary and alternative medicine services into other 


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1 health care services provided by the Depart2 ment. 

3 (2) Education and training for health care pro4 fessionals of the Department on the following: 

5 (A) Complementary and alternative medi6 cine services selected by the Secretary for pur7 poses of the plan. 

8 (B) Appropriate uses of such services. 

9 (C) Integration of such services into the 

10 delivery of health care to veterans. 

11 (3) Research, education, and clinical activities 

12 on complementary and alternative medicine at cen13 ters of innovation at Department medical centers. 

14 (4) Identification or development of metrics and 

15 outcome measures to evaluate the provision and inte16 gration of complementary and alternative medicine 

17 services into the delivery of health care to veterans. 

18 (5) Integration and delivery of complementary 

19 and alternative medicine services with other health 

20 care services provided by the Department. 

21 (c) CONSULTATION.— 

22 (1) IN GENERAL.—In carrying out subsection 

23 (a), the Secretary shall consult with the following: 


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1 (A) The Director of the National Center 

2 on Complementary and Alternative Medicine of 

3 the National Institutes of Health. 

4 (B) The Commissioner of Food and Drugs. 

5 (C) Institutions of higher education, pri6 vate research institutes, and individual re7 searchers with extensive experience in com8 plementary and alternative medicine and the in9 tegration of complementary and alternative 

10 medicine practices into the delivery of health 

11 care. 

12 (D) Nationally recognized providers of 

13 complementary and alternative medicine. 

14 (E) Such other officials, entities, and indi15 viduals with expertise on complementary and al16 ternative medicine as the Secretary considers 

17 appropriate. 

18 (2) SCOPE OF CONSULTATION.—The Secretary 

19 shall undertake consultation under paragraph (1) in 

20 carrying out subsection (a) with respect to the fol21 lowing: 

22 (A) To develop the plan. 

23 (B) To identify specific complementary and 

24 alternative medicine practices that, on the basis 

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1 ventions, are appropriate to include as services 

2 to veterans. 

3 (C) To identify barriers to the effective 

4 provision and integration of complementary and 

5 alternative medicine services into the delivery of 

6 health care to veterans, and to identify mecha7 nisms for overcoming such barriers. 

8 (d) FUNDING.—There is authorized to be appro9 priated to the Secretary such sums as may be necessary 

10 to carry out this section. 

11 (e) COMPLEMENTARY AND ALTERNATIVE MEDICINE

12 DEFINED.—In this section, the term ‘‘complementary and 

13 alternative medicine’’ shall have the meaning given that 

14 term in regulations the Secretary shall prescribe for pur15 poses of this section, which shall, to the degree practicable, 

16 be consistent with the meaning given such term by the 

17 Secretary of Health and Human Services. 

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

19 on the date that is one year after the date of the enact20 ment of this Act. 


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1 SEC. 132. PROGRAM ON INTEGRATION OF COMPLEMEN2 TARY AND ALTERNATIVE MEDICINE WITHIN 

3 DEPARTMENT OF VETERANS AFFAIRS MED4 ICAL CENTERS. 

5 (a) PROGRAM REQUIRED.—The Secretary of Vet6 erans Affairs shall— 

7 (1) carry out, through the Office of Patient 

8 Centered Care and Cultural Transformation of the 

9 Department of Veterans Affairs, a program to as10 sess the feasibility and advisability of integrating the 

11 delivery of complementary and alternative medicine 

12 services selected by the Secretary with other health 

13 care services provided by the Department for vet14 erans with mental health conditions, chronic pain 

15 conditions, other chronic conditions, and such other 

16 conditions as the Secretary determines appropriate; 

17 and 

18 (2) in developing the program, identify and re19 solve barriers to the provision of complementary and 

20 alternative medicine services selected by the Sec21 retary and the integration of those services with 

22 other health care services provided by the Depart23 ment. 

24 (b) DURATION OF PROGRAM.—The program shall be 

25 carried out during the three-year period beginning on the 

26 effective date specified in subsection (j). 


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1 (c) LOCATIONS.— 

2 (1) IN GENERAL.—The Secretary shall carry 

3 out the program at not fewer than 15 separate De4 partment medical centers. 

5 (2) POLYTRAUMA CENTERS.—Not less than two 

6 of the medical centers designated under paragraph 

7 (1) shall be located at polytrauma rehabilitation cen8 ters of the Department. 

9 (3) SELECTION OF LOCATIONS.—In carrying 

10 out the program, the Secretary shall select locations 

11 that include the following areas: 

12 (A) Rural areas. 

13 (B) Areas that are not in close proximity 

14 to an active duty military installation. 

15 (C) Areas representing different geo16 graphic locations, such as census tracts estab17 lished by the Bureau of the Census. 

18 (d) PROVISION OF SERVICES.—Under the program, 

19 the Secretary shall provide covered services to covered vet20 erans by integrating complementary and alternative medi21 cine services with other services provided by the Depart22 ment at the medical centers designated under subsection 

23 (c)(1). 

24 (e) COVERED VETERANS.—For purposes of the pro25 gram, a covered veteran is any veteran who— 


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1 (1) has a mental health condition diagnosed by 

2 a clinician of the Department; 

3 (2) experiences chronic pain; or 

4 (3) has a chronic condition being treated by a 

5 clinician of the Department. 

6 (f) COVERED SERVICES.— 

7 (1) IN GENERAL.—For purposes of the pro8 gram, covered services are services consisting of 

9 complementary and alternative medicine as selected 

10 by the Secretary. 

11 (2) ADMINISTRATION OF SERVICES.—Covered 

12 services shall be administered under the program as 

13 follows: 

14 (A) Covered services shall be administered 

15 by clinicians employed by the Secretary for pur16 poses of this section who, to the extent prac17 ticable, shall provide services consisting of com18 plementary and alternative medicine, including 

19 those clinicians who solely provide such services. 

20 (B) Covered services shall be included as 

21 part of the Patient Aligned Care Teams initia22 tive of the Office of Patient Care Services, Pri23 mary Care Program Office, in coordination with 

24 the Office of Patient Centered Care and Cul25 tural Transformation. 


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1 (C) Covered services shall be made avail2 able to both— 

3 (i) covered veterans with mental 

4 health conditions, pain conditions, or 

5 chronic conditions described in subsection 

6 (e) who have received conventional treat7 ments from the Department for such con8 ditions; and 

9 (ii) covered veterans with mental 

10 health conditions, pain conditions, or 

11 chronic conditions described in subsection 

12 (e) who have not received conventional 

13 treatments from the Department for such 

14 conditions. 

15 (g) VOLUNTARY PARTICIPATION.—The participation 

16 of a veteran in the program shall be at the election of 

17 the veteran and in consultation with a clinician of the De18 partment. 

19 (h) REPORTS TO CONGRESS.— 

20 (1) QUARTERLY REPORTS.—Not later than 90 

21 days after the date of the commencement of the pro22 gram and not less frequently than once every 90 

23 days thereafter for the duration of the program, the 

24 Secretary shall submit to the Committee on Vet25 erans’ Affairs of the Senate and the Committee on 


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1 Veterans’ Affairs of the House of Representatives a 

2 report on the efforts of the Secretary to carry out 

3 the program, including a description of the outreach 

4 conducted by the Secretary to veterans and commu5 nity organizations to inform such organizations 

6 about the program. 

7 (2) FINAL REPORT.— 

8 (A) IN GENERAL.—Not later than 180 

9 days after the completion of the program, the 

10 Secretary shall submit to the Committee on 

11 Veterans’ Affairs of the Senate and the Com12 mittee on Veterans’ Affairs of the House of 

13 Representatives a report on the program. 

14 (B) CONTENTS.—The report submitted 

15 under subparagraph (A) shall include the fol16 lowing: 

17 (i) The findings and conclusions of 

18 the Secretary with respect to the program, 

19 including with respect to— 

20 (I) the utilization and efficacy of 

21 the complementary and alternative 

22 medicine services established under 

23 the program; 

24 (II) an assessment of the benefit 

25 of the program to covered veterans in 


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1 mental health diagnoses, pain man2 agement, and treatment of chronic ill3 ness; and 

4 (III) the comparative effective5 ness of various complementary and al6 ternative medicine therapies. 

7 (ii) Barriers identified under sub8 section (a)(2) that were not resolved. 

9 (iii) Such recommendations for the 

10 continuation or expansion of the program 

11 as the Secretary considers appropriate. 

12 (i) COMPLEMENTARY AND ALTERNATIVE MEDICINE

13 DEFINED.—In this section, the term ‘‘complementary and 

14 alternative medicine’’ shall have the meaning given that 

15 term in section 131(e) of this Act. 

16 (j) EFFECTIVE DATE.—This section shall take effect 

17 on the date that is one year after the date of the enact18 ment of this Act. 

19 SEC. 133. STUDIES OF BARRIERS ENCOUNTERED BY VET20 ERANS IN RECEIVING, AND ADMINISTRATORS 

21 AND CLINICIANS IN PROVIDING, COM22 PLEMENTARY AND ALTERNATIVE MEDICINE 

23 SERVICES FURNISHED BY THE DEPARTMENT 

24 OF VETERANS AFFAIRS. 

25 (a) STUDIES REQUIRED.— 


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

2 Affairs shall conduct comprehensive studies of the 

3 barriers encountered by veterans in receiving, and 

4 administrators and clinicians in providing, com5 plementary and alternative medicine services fur6 nished by the Department of Veterans Affairs. 

7 (2) STUDIES CONDUCTED.— 

8 (A) VETERANS.—In conducting the study 

9 of veterans, the Secretary shall— 

10 (i) survey veterans who seek or receive 

11 hospital care or medical services furnished 

12 by the Department, as well as veterans 

13 who do not seek or receive such care or 

14 services; 

15 (ii) administer the survey to a rep16 resentative sample of veterans from each 

17 Veterans Integrated Service Network; and 

18 (iii) ensure that the sample of vet19 erans surveyed is of sufficient size for the 

20 study results to be statistically significant. 

21 (B) ADMINISTRATORS AND CLINICIANS.— 

22 In conducting the study of clinicians and ad23 ministrators, the Secretary shall— 


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1 (i) survey administrators of the De2 partment who are involved in the provision 

3 of health care services; 

4 (ii) survey clinicians that have pro5 vided complementary and alternative medi6 cine services through the program estab7 lished under section 132 of this Act, after 

8 those clinicians have provided those serv9 ices through such program for at least 90 

10 days; and 

11 (iii) administer the survey to adminis12 trators under clause (i)— 

13 (I) before the introduction of 

14 complementary and alternative medi15 cine services through such program; 

16 and 

17 (II) not earlier than 90 days 

18 after the introduction of complemen19 tary and alternative medicine services 

20 through such program. 

21 (b) ELEMENTS OF STUDIES.— 

22 (1) VETERANS.—In conducting the study of 

23 veterans required by subsection (a), the Secretary 

24 shall study the following: 


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1 (A) The perceived barriers associated with 

2 obtaining complementary and alternative medi3 cine services from the Department. 

4 (B) The satisfaction of veterans with com5 plementary and alternative medicine services in 

6 primary care. 

7 (C) The degree to which veterans are 

8 aware of eligibility requirements for, and the 

9 scope of services available under, complemen10 tary and alternative medicine services furnished 

11 by the Department. 

12 (D) The effectiveness of outreach to vet13 erans on the availability of complementary and 

14 alternative medicine for veterans. 

15 (E) Such other barriers as the Secretary 

16 considers appropriate. 

17 (2) ADMINISTRATORS AND CLINICIANS.—In 

18 conducting the study of administrators and clini19 cians required by subsection (a), the Secretary shall 

20 study the following: 

21 (A) The extent of the integration of com22 plementary and alternative medicine services 

23 within the services provided by the Department. 

24 (B) The perception by administrators and 

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1 riers to the delivery of high quality complemen2 tary and alternative medicine services by the 

3 Department. 

4 (C) Strategies that have been used to re5 duce or eliminate such barriers and the results 

6 of such strategies. 

7 (D) The satisfaction of administrators and 

8 clinicians regarding the integration of com9 plementary and alternative medicine services 

10 within the services provided by the Department. 

11 (E) The perception by administrators and 

12 clinicians of the value of specific complementary 

13 and alternative medicine services for inpatient 

14 and outpatient veteran populations. 

15 (c) DISCHARGE BY CONTRACT.—The Secretary shall 

16 enter into a contract with a qualified independent entity 

17 or organization to carry out the studies required by this 

18 section. 

19 (d) MANDATORY REVIEW OF DATA BY THE NA20 TIONAL RESEARCH ADVISORY COUNCIL.— 

21 (1) IN GENERAL.—The Secretary shall ensure 

22 that the head of the National Research Advisory 

23 Council reviews the results of the studies conducted 

24 under this section. 


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1 (2) SUBMITTAL OF FINDINGS.—The head of the 

2 National Research Advisory Council shall submit 

3 findings with respect to the studies to the Under 

4 Secretary for Health and to other pertinent program 

5 offices within the Department with responsibilities 

6 relating to health care services for veterans. 

7 (e) REPORTS.— 

8 (1) REPORT ON IMPLEMENTATION.—Not later 

9 than one year after the date of the enactment of this 

10 Act, the Secretary shall submit to Congress a report 

11 on the status of the implementation of this section. 

12 (2) REPORT ON STUDY.— 

13 (A) IN GENERAL.—Not later than 45 days 

14 after the date of the completion of the study, 

15 the Secretary shall submit to Congress a report 

16 on the study required by subsection (a). 

17 (B) CONTENTS.—The report required by 

18 subparagraph (A) shall include the following: 

19 (i) Recommendations for such admin20 istrative and legislative proposals and ac21 tions as the Secretary considers appro22 priate. 

23 (ii) The findings of the head of the 

24 National Research Advisory Council and of 

25 the Under Secretary for Health. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated for fiscal year 2015 for the 

3 Department of Veterans Affairs, $2,000,000 to carry out 

4 this section. 

5 (g) COMPLEMENTARY AND ALTERNATIVE MEDICINE

6 DEFINED.—In this section, the term ‘‘complementary and 

7 alternative medicine’’ shall have the meaning given that 

8 term in section 131(e) of this Act. 

9 SEC. 134. PROGRAM ON USE OF WELLNESS PROGRAMS AS 

10 COMPLEMENTARY APPROACH TO MENTAL 

11 HEALTH CARE FOR VETERANS AND FAMILY 

12 MEMBERS OF VETERANS. 

13 (a) PROGRAM REQUIRED.— 

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

15 Affairs shall carry out a program through the award 

16 of grants to public or private nonprofit entities to 

17 assess the feasibility and advisability of using 

18 wellness programs to complement the provision of 

19 mental health care to veterans and family members 

20 eligible for counseling under section 1712A(a)(1)(C) 

21 of title 38, United States Code. 

22 (2) MATTERS TO BE ADDRESSED.—The pro23 gram shall be carried out so as to assess the fol24 lowing: 


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1 (A) Means of improving coordination be2 tween Federal, State, local, and community pro3 viders of health care in the provision of mental 

4 health care to veterans and family members de5 scribed in paragraph (1). 

6 (B) Means of enhancing outreach, and co7 ordination of outreach, by and among providers 

8 of health care referred to in subparagraph (A) 

9 on the mental health care services available to 

10 veterans and family members described in para11 graph (1). 

12 (C) Means of using wellness programs of 

13 providers of health care referred to in subpara14 graph (A) as complements to the provision by 

15 the Department of Veterans Affairs of mental 

16 health care to veterans and family members de17 scribed in paragraph (1). 

18 (D) Whether wellness programs described 

19 in subparagraph (C) are effective in enhancing 

20 the quality of life and well-being of veterans 

21 and family members described in paragraph 

22 (1). 

23 (E) Whether wellness programs described 

24 in subparagraph (C) are effective in increasing 

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1 graph (1) to the primary mental health services 

2 provided such veterans by the Department. 

3 (F) Whether wellness programs described 

4 in subparagraph (C) have an impact on the 

5 sense of well-being of veterans described in 

6 paragraph (1) who receive primary mental 

7 health services from the Department. 

8 (G) Whether wellness programs described 

9 in subparagraph (C) are effective in encour10 aging veterans receiving health care from the 

11 Department to adopt a more healthy lifestyle. 

12 (b) DURATION.—The Secretary shall carry out the 

13 program for a period of three years beginning on the date 

14 that is one year after the date of the enactment of this 

15 Act. 

16 (c) LOCATIONS.—The Secretary shall carry out the 

17 program at facilities of the Department providing mental 

18 health care services to veterans and family members de19 scribed in subsection (a)(1). 

20 (d) GRANT PROPOSALS.— 

21 (1) IN GENERAL.—A public or private nonprofit 

22 entity seeking the award of a grant under this sec23 tion shall submit an application therefor to the Sec24 retary in such form and in such manner as the Sec25 retary may require. 


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1 (2) APPLICATION CONTENTS.—Each application 

2 submitted under paragraph (1) shall include the fol3 lowing: 

4 (A) A plan to coordinate activities under 

5 the program, to the extent possible, with the 

6 Federal, State, and local providers of services 

7 for veterans to enhance the following: 

8 (i) Awareness by veterans of benefits 

9 and health care services provided by the 

10 Department. 

11 (ii) Outreach efforts to increase the 

12 use by veterans of services provided by the 

13 Department. 

14 (iii) Educational efforts to inform vet15 erans of the benefits of a healthy and ac16 tive lifestyle. 

17 (B) A statement of understanding from 

18 the entity submitting the application that, if se19 lected, such entity will be required to report to 

20 the Secretary periodically on standardized data 

21 and other performance data necessary to evalu22 ate individual outcomes and to facilitate evalua23 tions among entities participating in the pro24 gram. 


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1 (C) Other requirements that the Secretary 

2 may prescribe. 

3 (e) GRANT USES.— 

4 (1) IN GENERAL.—A public or private nonprofit 

5 entity awarded a grant under this section shall use 

6 the award for purposes prescribed by the Secretary. 

7 (2) ELIGIBLE VETERANS AND FAMILY.—In car8 rying out the purposes prescribed by the Secretary 

9 in paragraph (1), a public or private nonprofit entity 

10 awarded a grant under this section shall use the 

11 award to furnish services only to individuals speci12 fied in section 1712A(a)(1)(C) of title 38, United 

13 States Code. 

14 (f) REPORTS.— 

15 (1) PERIODIC REPORTS.— 

16 (A) IN GENERAL.—Not later than 180 

17 days after the date of the commencement of the 

18 program, and every 180 days thereafter, the 

19 Secretary shall submit to Congress a report on 

20 the program. 

21 (B) REPORT ELEMENTS.—Each report re22 quired by subparagraph (A) shall include the 

23 following: 

24 (i) The findings and conclusions of 

25 the Secretary with respect to the program 


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1 during the 180-day period preceding the 

2 report. 

3 (ii) An assessment of the benefits of 

4 the program to veterans and their family 

5 members during the 180-day period pre6 ceding the report. 

7 (2) FINAL REPORT.—Not later than 180 days 

8 after the end of the program, the Secretary shall 

9 submit to Congress a report detailing the rec10 ommendations of the Secretary as to the advisability 

11 of continuing or expanding the program. 

12 (g) WELLNESS DEFINED.—In this section, the term 

13 ‘‘wellness’’ has the meaning given that term in regulations 

14 prescribed by the Secretary. 

15 Subtitle E—Mental Health Care 

16 SEC. 141. INCLUSION OF MENTAL HEALTH PROFESSIONALS 

17 IN THE EDUCATION AND TRAINING PROGRAM 

18 FOR HEALTH PERSONNEL OF THE DEPART19 MENT OF VETERANS AFFAIRS. 

20 (a) IN GENERAL.—In carrying out the education and 

21 training program required under section 7302(a)(1) of 

22 title 38, United States Code, the Secretary of Veterans 

23 Affairs shall include education and training of marriage 

24 and family therapists and licensed professional mental 

25 health counselors. 


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1 (b) FUNDING.—The Secretary shall apportion fund2 ing for the education and training program equally among 

3 the professions included in the program. 

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

5 on the date that is one year after the date of the enact6 ment of this Act. 

7 SEC. 142. REPORT ON PROVISION OF MENTAL HEALTH 

8 SERVICES FOR FAMILIES OF CERTAIN VET9 ERANS AT FACILITIES OF THE DEPARTMENT. 

10 Not later than one year after the date of the enact11 ment of this Act, the Secretary of Veterans Affairs shall 

12 submit to the Committee on Veterans’ Affairs of the Sen13 ate and the Committee on Veterans’ Affairs of the House 

14 of Representatives a report on the feasibility and advis15 ability of providing services under the program established 

16 by section 304(a) of the Caregivers and Veterans Omnibus 

17 Health Services Act of 2010 (Public Law 111–163; 38 

18 U.S.C. 1712A note) at medical facilities of the Depart19 ment of Veterans Affairs. 

20 SEC. 143. ANNUAL REPORT ON COMMUNITY MENTAL 

21 HEALTH PARTNERSHIP PILOT PROGRAM. 

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

23 date of the enactment of this Act and not later than Sep24 tember 30 each year thereafter until the completion of the 

25 pilot program described in subsection (b), the Secretary 


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1 of Veterans Affairs shall submit to the Committee on Vet2 erans’ Affairs of the Senate and the Committee on Vet3 erans’ Affairs of the House of Representatives a report 

4 on that pilot program. 

5 (b) PILOT PROGRAM DESCRIBED.—The pilot pro6 gram described in this subsection is the pilot program con7 ducted by the Veterans Health Administration to connect 

8 medical centers of the Department of Veterans Affairs 

9 with community-based mental health care providers and 

10 substance abuse treatment providers for the purpose of 

11 assisting in the treatment of veterans with mental health 

12 disorders, commonly known as the ‘‘Community Mental 

13 Health Partnership Pilot’’. 

14 (c) ELEMENTS.—Each report submitted under sub15 section (a) shall include the following: 

16 (1) The number of sites participating in the 

17 pilot program. 

18 (2) The number of individuals participating in 

19 the pilot program at each site. 

20 (3) A detailed assessment of the effectiveness 

21 of, the participation of veterans in, and the satisfac22 tion of veterans with the pilot program. 

23 (4) An analysis of barriers to the effectiveness 

24 of, the participation of veterans in, and the satisfac25 tion of veterans with the pilot program. 


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1 (5) A description of the plans of the Secretary 

2 to conduct outreach and provide information to vet3 erans and community mental health providers with 

4 respect to the pilot program. 

5 (6) A description of any plans to expand the 

6 pilot program, including plans that focus on the 

7 unique needs of veterans located in rural areas. 

8 (7) An explanation of how the care provided 

9 under the pilot program is consistent with the min10 imum clinical mental health guidelines promulgated 

11 by the Veterans Health Administration, including 

12 clinical guidelines contained in the Uniform Mental 

13 Health Services Handbook of such Administration. 

14 Subtitle F—Dental Care Eligibility 

15 Expansion and Enhancement 

16 SEC. 151. RESTORATIVE DENTAL SERVICES FOR VETERANS. 

17 (a) IN GENERAL.—Section 1710(c) is amended— 

18 (1) in the second sentence— 

19 (A) by redesignating subparagraphs (A) 

20 and (B) as clauses (i) and (ii), respectively; and 

21 (B) by redesignating paragraphs (1) and 

22 (2) as subparagraphs (A) and (B), respectively; 

23 (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

24 (3) by striking ‘‘The Secretary’’ and inserting 

25 the following: 


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1 ‘‘(2) The Secretary’’; and 

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

3 paragraph: 

4 ‘‘(3) In addition to the dental services, treatment, 

5 and appliances authorized to be furnished by paragraph 

6 (2), the Secretary may furnish dental services and treat7 ment, and dental appliances, needed to restore functioning 

8 in a veteran that is lost as a result of any services or treat9 ment furnished under this subsection.’’. 

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

11 subsection (a) shall take effect on the date that is one 

12 year after the date of the enactment of this Act. 

13 SEC. 152. PILOT PROGRAM ON EXPANSION OF FURNISHING 

14 OF DENTAL CARE TO ALL ENROLLED VET15 ERANS. 

16 (a) PILOT PROGRAM REQUIRED.—Commencing not 

17 later than 540 days after the date of the enactment of 

18 this Act, the Secretary of Veterans Affairs shall carry out 

19 a pilot program to assess the feasibility and advisability 

20 of furnishing dental care to veterans enrolled in the system 

21 of patient enrollment under section 1705 of title 38, 

22 United States Code, who are not eligible for dental serv23 ices and treatment, and related dental appliances, under 

24 current authorities. 


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1 (b) DURATION OF PILOT PROGRAM.—The pilot pro2 gram shall be carried out during the three-year period be3 ginning on the date of the commencement of the pilot pro4 gram. 

5 (c) LOCATIONS.— 

6 (1) IN GENERAL.—The Secretary shall carry 

7 out the pilot program at not fewer than 16 locations 

8 as follows: 

9 (A) Four Department of Veterans Affairs 

10 medical centers with an established dental clinic 

11 with capacity available for the furnishing of 

12 services and treatment under the pilot program. 

13 (B) Four Department medical centers with 

14 a current contract for the furnishing of dental 

15 care. 

16 (C) Four Community-Based Outpatient 

17 Clinics (CBOCs) with capacity available for the 

18 furnishing of services and treatment under the 

19 pilot program. 

20 (D) Four facilities selected from among 

21 Federally Qualified Health Centers (FQHCs) 

22 and Indian Health Service facilities with estab23 lished dental clinics, of which— 

24 (i) at least one facility shall be such 

25 an Indian Health Service facility; and 


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1 (ii) any Indian Health Service facility 

2 so selected shall be selected in consultation 

3 with the Secretary of Health and Human 

4 Services. 

5 (2) CONSIDERATIONS.—In selecting locations 

6 for the pilot program, the Secretary shall consider 

7 the feasibility and advisability of selecting locations 

8 in each of the following: 

9 (A) Rural areas. 

10 (B) Areas that are not in close proximity 

11 to an active duty military installation. 

12 (C) Areas representing different geo13 graphic locations, such as census tracts estab14 lished by the Bureau of Census. 

15 (d) LIMITATION ON NUMBER OF PARTICIPATING

16 VETERANS.— 

17 (1) IN GENERAL.—The total number of eligible 

18 veterans who may participate in the pilot program 

19 may not exceed 30,000. 

20 (2) DISTRIBUTION OF LIMITATION.—In apply21 ing the limitation in paragraph (1) to the pilot pro22 gram, the Secretary shall distribute the limitation 

23 across and among locations selected for the pilot 

24 program in a manner that takes appropriate account 


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1 of the size and need of veterans for dental services 

2 at each such location. 

3 (e) SCOPE OF SERVICES.—The dental services and 

4 treatment furnished to veterans under the pilot program 

5 shall be consistent with the dental services and treatment 

6 furnished by the Secretary to veterans with service-con7 nected disabilities rated 100 percent disabling under the 

8 laws administered by the Secretary. 

9 (f) VOLUNTARY PARTICIPATION.—The participation 

10 of a veteran in the pilot program shall be at the election 

11 of the veteran. 

12 (g) LIMITATION ON AMOUNT OF SERVICES.— 

13 (1) IN GENERAL.—The total amount the Sec14 retary may expend furnishing dental services and 

15 treatment to a veteran participating in the pilot pro16 gram during any one-year period may not exceed 

17 such amount as the Secretary determines appro18 priate. The amount so determined may not be less 

19 than $1,000. 

20 (2) CONSULTATION.—The Secretary shall make 

21 the determination under paragraph (1)— 

22 (A) in consultation with the Director of the 

23 Indian Health Service; and 

24 (B) in consultation with the Director of 

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1 tion of the Department of Health and Human 

2 Services if one or more Federally Qualified 

3 Health Center is selected as a location for the 

4 pilot program under subsection (c)(1)(D). 

5 (h) COPAYMENTS.—The Secretary may collect copay6 ments for dental services and treatment furnished under 

7 the pilot program in accordance with authorities on the 

8 collection of copayments for medical care of veterans 

9 under chapter 17 of title 38, United States Code. 

10 (i) PROGRAM ADMINISTRATION.— 

11 (1) NOTICE TO ELIGIBLE VETERANS ON PILOT

12 PROGRAM.—In carrying out the pilot program, the 

13 Secretary shall inform all veterans eligible to partici14 pate in the pilot program of the services and treat15 ment available under the pilot program. 

16 (2) CONTRACTS.—In carrying out the pilot pro17 gram, the Secretary may enter into contracts with 

18 appropriate entities for the provision of dental serv19 ices and treatment under the pilot program. Each 

20 such contract shall specify performance standards 

21 and metrics and processes for ensuring compliance 

22 of the contractor concerned with such performance 

23 standards. 

24 (j) REPORTS.— 

25 (1) PRELIMINARY REPORTS.— 


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1 (A) IN GENERAL.—Not later than each of 

2 540 days and three years after the date of the 

3 commencement of the pilot program, the Sec4 retary shall submit to the Committee on Vet5 erans’ Affairs of the Senate and the Committee 

6 on Veterans’ Affairs of the House of Represent7 atives a report on the pilot program. 

8 (B) CONTENTS.—Each report under sub9 paragraph (A) shall include the following: 

10 (i) A description of the implementa11 tion and operation of the pilot program. 

12 (ii) The number of veterans receiving 

13 services and treatment under the pilot pro14 gram, and a description of the dental serv15 ices and treatment furnished to such vet16 erans. 

17 (iii) An analysis of the costs and bene18 fits of the pilot program, including a com19 parison of costs and benefits by location 

20 type. 

21 (iv) An assessment of the impact of 

22 the pilot program on medical care, 

23 wellness, employability, and perceived qual24 ity of life of veterans. 


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1 (v) The current findings and conclu2 sions of the Secretary with respect to the 

3 pilot program. 

4 (vi) Such recommendations for the 

5 continuation or expansion of the pilot pro6 gram as the Secretary considers appro7 priate. 

8 (2) FINAL REPORT.— 

9 (A) IN GENERAL.—Not later than 180 

10 days after the completion of the pilot program, 

11 the Secretary shall submit to the Committee on 

12 Veterans’ Affairs of the Senate and the Com13 mittee on Veterans’ Affairs of the House of 

14 Representatives a report on the pilot program. 

15 (B) CONTENTS.—The report under sub16 paragraph (A) shall include the following: 

17 (i) The findings and conclusions of 

18 the Secretary with respect to the pilot pro19 gram. 

20 (ii) Such recommendations for the 

21 continuation or expansion of the pilot pro22 gram as the Secretary considers appro23 priate. 

24 (k) FEDERALLY QUALIFIED HEALTH CENTER DE25 FINED.—In this section the term ‘‘Federally Qualified 


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1 Health Center’’ means a Federally-qualified health center 

2 as defined in section 1905(l)(2)(B) of the Social Security 

3 Act (42 U.S.C. 1396d(l)(2)(B)). 

4 (l) EFFECTIVE DATE.—This section shall take effect 

5 on the date that is one year after the date of the enact6 ment of this Act. 

7 SEC. 153. PROGRAM ON EDUCATION TO PROMOTE DENTAL 

8 HEALTH IN VETERANS. 

9 (a) PROGRAM REQUIRED.— 

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

11 Affairs shall carry out a program of education to 

12 promote dental health for veterans who are enrolled 

13 in the system of patient enrollment of the Depart14 ment of Veterans Affairs under section 1705 of title 

15 38, United States Code. 

16 (2) CONSTRUCTION.—Nothing in the program 

17 shall be deemed to alter or revise the eligibility of 

18 any veteran for dental care under the laws adminis19 tered by the Secretary. 

20 (b) ELEMENTS.—The program required by sub21 section (a) shall provide education for veterans on the fol22 lowing: 

23 (1) The association between dental health and 

24 overall health and well-being. 

25 (2) Proper techniques for dental care. 


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1 (3) Signs and symptoms of commonly occurring 

2 dental conditions. 

3 (4) Treatment options for commonly occurring 

4 dental issues. 

5 (5) Options for obtaining access to dental care, 

6 including information on eligibility for dental care 

7 through the Department and on purchasing private 

8 dental insurance. 

9 (6) Available and accessible options for obtain10 ing low or no-cost dental care, including through 

11 dental schools and Federally Qualified Health Cen12 ters (FQHCs). 

13 (7) Such other matters relating to dental health 

14 as the Secretary considers appropriate. 

15 (c) DELIVERY OF EDUCATIONAL MATERIALS.— 

16 (1) IN GENERAL.—The Secretary shall provide 

17 educational materials to veterans under the program 

18 required by subsection (a) through a variety of 

19 mechanisms, including the following: 

20 (A) The availability and distribution of 

21 print materials at Department facilities (includ22 ing at medical centers, clinics, Vet Centers, and 

23 readjustment counseling centers) and to pro24 viders (including members of Patient Aligned 

25 Care Teams). 


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1 (B) The availability and distribution of 

2 materials over the Internet, including through 

3 webinars and My HealtheVet. 

4 (C) Presentations of information, including 

5 both small group and large group presentations. 

6 (2) SELECTION OF MECHANISMS.—In selecting 

7 mechanisms for purposes of this subsection, the Sec8 retary shall select mechanisms designed to maximize 

9 the number of veterans who receive education under 

10 the program. 

11 (d) FEDERALLY QUALIFIED HEALTH CENTER DE12 FINED.—In this section the term ‘‘Federally Qualified 

13 Health Center’’ means a Federally-qualified health center 

14 as defined in section 1905(l)(2)(B) of the Social Security 

15 Act (42 U.S.C. 1396d(l)(2)(B)). 

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

17 on the date that is one year after the date of the enact18 ment of this Act. 

19 SEC. 154. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated for the De21 partment of Veterans Affairs for fiscal year 2015 

22 $305,000,000 to carry out this subtitle and the amend23 ments made by this subtitle. The amount so authorized 

24 to be appropriated shall be available for obligation for the 


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1 five-year period beginning on the date that is one year 

2 after the date of the enactment of this Act. 

3 Subtitle G—Health Care Related to 

4 Sexual Trauma 

5 SEC. 161. EXPANSION OF ELIGIBILITY FOR SEXUAL TRAU6 MA COUNSELING AND TREATMENT TO VET7 ERANS ON INACTIVE DUTY TRAINING. 

8 Section 1720D(a)(1) is amended by striking ‘‘or ac9 tive duty for training’’ and inserting ‘‘, active duty for 

10 training, or inactive duty training’’. 

11 SEC. 162. PROVISION OF COUNSELING AND TREATMENT 

12 FOR SEXUAL TRAUMA BY THE DEPARTMENT 

13 OF VETERANS AFFAIRS TO MEMBERS OF THE 

14 ARMED FORCES. 

15 (a) EXPANSION OF COVERAGE TO MEMBERS OF THE

16 ARMED FORCES.—Subsection (a) of section 1720D is 

17 amended— 

18 (1) by redesignating paragraph (2) as para19 graph (3); 

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph (2): 

22 ‘‘(2)(A) In operating the program required by para23 graph (1), the Secretary may, in consultation with the 

24 Secretary of Defense, provide counseling and care and 

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1 bers of the National Guard and Reserves) on active duty 

2 to overcome psychological trauma described in that para3 graph. 

4 ‘‘(B) A member described in subparagraph (A) shall 

5 not be required to obtain a referral before receiving coun6 seling and care and services under this paragraph.’’; and 

7 (3) in paragraph (3), as redesignated by para8 graph (1)— 

9 (A) by striking ‘‘a veteran’’ and inserting 

10 ‘‘an individual’’; and 

11 (B) by striking ‘‘that veteran’’ each place 

12 it appears and inserting ‘‘that individual’’. 

13 (b) INFORMATION TO MEMBERS ON AVAILABILITY OF

14 COUNSELING AND SERVICES.—Subsection (c) of such sec15 tion is amended— 

16 (1) by striking ‘‘to veterans’’ each place it ap17 pears; and 

18 (2) in paragraph (3), by inserting ‘‘members of 

19 the Armed Forces and’’ before ‘‘individuals’’. 

20 (c) INCLUSION OF MEMBERS IN REPORTS ON COUN21 SELING AND SERVICES.—Subsection (e) of such section 

22 is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘to veterans’’; 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘women veterans’’ and in2 serting ‘‘individuals’’; and 

3 (B) by striking ‘‘training under subsection 

4 (d).’’ and inserting ‘‘training under subsection 

5 (d), disaggregated by— 

6 ‘‘(A) veterans; 

7 ‘‘(B) members of the Armed Forces (in8 cluding members of the National Guard and 

9 Reserves) on active duty; and 

10 ‘‘(C) for each of subparagraphs (A) and 

11 (B)— 

12 ‘‘(i) men; and 

13 ‘‘(ii) women.’’; 

14 (3) in paragraph (4), by striking ‘‘veterans’’ 

15 and inserting ‘‘individuals’’; and 

16 (4) in paragraph (5)— 

17 (A) by striking ‘‘women veterans’’ and in18 serting ‘‘individuals’’; and 

19 (B) by inserting ‘‘, including specific rec20 ommendations for individuals specified in sub21 paragraphs (A), (B), and (C) of paragraph (2)’’ 

22 before the period at the end. 

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

24 this section shall take effect on the date that is one year 

25 after the date of the enactment of this Act. 


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1 SEC. 163. DEPARTMENT OF VETERANS AFFAIRS SCREEN2 ING MECHANISM TO DETECT INCIDENTS OF 

3 DOMESTIC ABUSE. 

4 (a) IN GENERAL.—Not later than two years after the 

5 date of the enactment of this Act, the Secretary of Vet6 erans Affairs shall develop and implement a screening 

7 mechanism to be used when a veteran seeks healthcare 

8 services from the Department of Veterans Affairs to detect 

9 if the veteran has been a victim of domestic abuse for pur10 poses of improving the treatment of the veteran and as11 sessing the prevalence of domestic abuse in the veteran 

12 population. 

13 (b) READILY AVAILABLE SCREENING TOOLS.—In de14 veloping and implementing a screening mechanism under 

15 subsection (a), the Secretary may incorporate into the 

16 screening mechanism such readily available screening tools 

17 as the Secretary considers appropriate for the screening 

18 mechanism. 

19 (c) DOMESTIC ABUSE DEFINED.—In this section, the 

20 term ‘‘domestic abuse’’ means behavior with respect to an 

21 individual that— 

22 (1) constitutes— 

23 (A) a pattern of behavior resulting in phys24 ical or emotional abuse, economic control, or in25 terference with the personal liberty of that indi26 vidual; 


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1 (B) a violation of Federal or State law in2 volving the use, attempted use, or threatened 

3 use of force or violence against that individual; 

4 or 

5 (C) a violation of a lawful order issued for 

6 the protection of that individual; and 

7 (2) is committed by a person who— 

8 (A) is a current or former spouse or do9 mestic partner of that individual; 

10 (B) shares a child in common with that in11 dividual; 

12 (C) is a current or former intimate partner 

13 of that individual that shares or has shared a 

14 common domicile with that individual; 

15 (D) is a caregiver or family caregiver of 

16 that individual (as such terms are defined in 

17 section 1720G(d) of title 38, United States 

18 Code); or 

19 (E) is in any other type of relationship 

20 with that individual that the Secretary may 

21 specify for purposes of this section. 

22 SEC. 164. REPORTS ON MILITARY SEXUAL TRAUMA AND DO23 MESTIC ABUSE. 

24 (a) REPORT ON SERVICES AVAILABLE FOR MILITARY

25 SEXUAL TRAUMA IN THE DEPARTMENT OF VETERANS


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1 AFFAIRS.—Not later than 630 days after the date of the 

2 enactment of this Act, the Secretary of Veterans Affairs 

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

4 Senate and the Committee on Veterans’ Affairs of the 

5 House of Representatives a report on the treatment and 

6 services available from the Department of Veterans Af7 fairs for male veterans who experience military sexual 

8 trauma compared to such treatment and services available 

9 to female veterans who experience military sexual trauma. 

10 (b) REPORT ON DOMESTIC ABUSE AMONG VET11 ERANS.—Not later than two years after the implementa12 tion of the screening mechanism required by section 

13 163(a) of this Act, the Secretary of Veterans Affairs and 

14 the Secretary of Health and Human Services, acting 

15 through the Director of the Centers for Disease Control 

16 and Prevention, shall jointly submit to the Committee on 

17 Veterans’ Affairs of the Senate and the Committee on Vet18 erans’ Affairs of the House of Representatives a report 

19 on domestic abuse among veterans that includes the fol20 lowing: 

21 (1) A summary of the types, outcomes, and cir22 cumstances of incidents of domestic abuse that have 

23 been reported by veterans during the two-year period 

24 preceding the submission of the report. 


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1 (2) A summary of the treatments available from 

2 the Department of Veterans Affairs for veterans who 

3 experience domestic abuse and an assessment of the 

4 effectiveness of those treatments. 

5 (3) Data and analysis on any correlation be6 tween an incident of military sexual trauma or sex7 ual trauma experienced after the age of 18 and do8 mestic abuse. 

9 (4) Any other issues that the Secretary of Vet10 erans Affairs or the Director of the Centers for Dis11 ease Control and Prevention determines appropriate. 

12 (c) REPORTS ON TRANSITION OF MILITARY SEXUAL

13 TRAUMA AND DOMESTIC ABUSE TREATMENT FROM DE14 PARTMENT OF DEFENSE TO DEPARTMENT OF VETERANS

15 AFFAIRS.—Not later than 630 days after the date of the 

16 enactment of this Act, and annually thereafter for five 

17 years, the Department of Veterans Affairs-Department of 

18 Defense Joint Executive Committee established by section 

19 320(a) of title 38, United States Code, shall submit to 

20 the appropriate committees of Congress a report on mili21 tary sexual trauma and domestic abuse that includes the 

22 following: 

23 (1) The processes and procedures utilized by 

24 the Department of Veterans Affairs and the Depart25 ment of Defense to facilitate transition of treatment 


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1 of individuals who have experienced military sexual 

2 trauma or domestic abuse from treatment provided 

3 by the Department of Defense to treatment provided 

4 by the Department of Veterans Affairs. 

5 (2) A description and assessment of the collabo6 ration between the Department of Veterans Affairs 

7 and the Department of Defense in assisting veterans 

8 in filing claims for disabilities related to military 

9 sexual trauma or domestic abuse, including permit10 ting veterans access to information and evidence 

11 necessary to develop or support such claims. 

12 (d) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE COMMITTEES OF CON14 GRESS.—The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the Committee on Veterans’ Affairs 

17 and the Committee on Armed Services of the 

18 Senate; and 

19 (B) the Committee on Veterans’ Affairs 

20 and the Committee on Armed Services of the 

21 House of Representatives. 

22 (2) DOMESTIC ABUSE.—The term ‘‘domestic 

23 abuse’’ has the meaning given that term in section 

24 163(c) of this Act. 


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1 (3) MILITARY SEXUAL TRAUMA.—The term 

2 ‘‘military sexual trauma’’ means psychological trau3 ma, which in the judgment of a mental health pro4 fessional employed by the Department, resulted from 

5 a physical assault of a sexual nature, battery of a 

6 sexual nature, or sexual harassment which occurred 

7 while the veteran was serving on active duty or ac8 tive duty for training. 

9 (4) SEXUAL HARASSMENT.—The term ‘‘sexual 

10 harassment’’ means repeated, unsolicited verbal or 

11 physical contact of a sexual nature which is threat12 ening in character. 

13 (5) SEXUAL TRAUMA.—The term ‘‘sexual trau14 ma’’ shall have the meaning given that term by the 

15 Secretary of Veterans Affairs for purposes of this 

16 section. 

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

18 on the date that is 270 days after the date of the enact19 ment of this Act. 


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1 Subtitle H—Reproductive 

2 Treatment and Services 

3 SEC. 171. CLARIFICATION THAT FERTILITY COUNSELING 

4 AND TREATMENT ARE MEDICAL SERVICES 

5 WHICH THE SECRETARY MAY FURNISH TO 

6 VETERANS LIKE OTHER MEDICAL SERVICES. 

7 Section 1701(6), as amended by section 114(b)(1) of 

8 this Act, is further amended by adding at the end the fol9 lowing new subparagraph: 

10 ‘‘(I) Fertility counseling and treatment, in11 cluding treatment using assisted reproductive 

12 technology.’’. 

13 SEC. 172. REPRODUCTIVE TREATMENT AND CARE FOR 

14 SPOUSES AND SURROGATES OF VETERANS. 

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

16 amended by adding at the end the following new section: 

17 ‘‘§ 1788. Reproductive treatment and care for spouses 

18 and surrogates of veterans 

19 ‘‘(a) IN GENERAL.—The Secretary shall furnish fer20 tility counseling and treatment, including through the use 

21 of assisted reproductive technology, to a spouse or surro22 gate of a severely wounded, ill, or injured veteran who has 

23 an infertility condition incurred or aggravated in line of 

24 duty in the active military, naval, or air service and who 

25 is enrolled in the system of annual patient enrollment esVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 tablished under section 1705(a) of this title if the spouse 

2 or surrogate and the veteran apply jointly for such coun3 seling and treatment through a process prescribed by the 

4 Secretary. 

5 ‘‘(b) COORDINATION OF CARE FOR OTHER SPOUSES

6 AND SURROGATES.—In the case of a spouse or surrogate 

7 of a veteran not described in subsection (a) who is seeking 

8 fertility counseling and treatment, the Secretary may co9 ordinate fertility counseling and treatment for such spouse 

10 or surrogate. 

11 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

12 be construed to require the Secretary— 

13 ‘‘(1) to find or certify a surrogate for a veteran 

14 or to connect a surrogate with a veteran; or 

15 ‘‘(2) to furnish maternity care to a spouse or 

16 surrogate of a veteran. 

17 ‘‘(d) ASSISTED REPRODUCTIVE TECHNOLOGY DE18 FINED.—In this section, the term ‘assisted reproductive 

19 technology’ includes in vitro fertilization and other fertility 

20 treatments in which both eggs and sperm are handled 

21 when clinically appropriate.’’. 

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

23 at the beginning of chapter 17 is amended by inserting 

24 after the item relating to section 1787 the following new 

25 item: 


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‘‘1788. Reproductive treatment and care for spouses and surrogates of veterans.’’. 

1 SEC. 173. ADOPTION ASSISTANCE FOR SEVERELY WOUND2 ED VETERANS. 

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

4 as amended by section 172(a) of this Act, is further 

5 amended by adding at the end the following new section: 

6 ‘‘§ 1789. Adoption assistance 

7 ‘‘(a) IN GENERAL.—The Secretary may pay an 

8 amount, not to exceed the limitation amount, to assist a 

9 covered veteran in the adoption of one or more children. 

10 ‘‘(b) COVERED VETERAN.—For purposes of this sec11 tion, a covered veteran is any severely wounded, ill, or in12 jured veteran who— 

13 ‘‘(1) has an infertility condition incurred or ag14 gravated in line of duty in the active military, naval, 

15 or air service; and 

16 ‘‘(2) is enrolled in the system of annual patient 

17 enrollment established under section 1705(a) of this 

18 title. 

19 ‘‘(c) LIMITATION AMOUNT.—For purposes of this 

20 section, the limitation amount is the amount equal to the 

21 lesser of— 

22 ‘‘(1) the cost the Department would incur if the 

23 Secretary were to provide a covered veteran with one 

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1 sisted reproductive technology under section 1788 of 

2 this title, as determined by the Secretary; or 

3 ‘‘(2) the cost the Department would incur by 

4 paying the expenses of three adoptions by covered 

5 veterans, as determined by the Secretary. 

6 ‘‘(d) ASSISTED REPRODUCTIVE TECHNOLOGY DE7 FINED.—In this section, the term ‘assisted reproductive 

8 technology’ has the meaning given that term in section 

9 1788 of this title.’’. 

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

11 at the beginning of chapter 17, as amended by section 

12 172(b) of this Act, is further amended by inserting after 

13 the item relating to section 1788 the following new item: 

‘‘1789. Adoption assistance.’’. 

14 SEC. 174. REGULATIONS ON FURNISHING OF FERTILITY 

15 COUNSELING AND TREATMENT AND ADOP16 TION ASSISTANCE BY DEPARTMENT OF VET17 ERANS AFFAIRS. 

18 (a) IN GENERAL.—Not later than 540 days after the 

19 date of the enactment of this Act, the Secretary of Vet20 erans Affairs shall prescribe regulations— 

21 (1) on the furnishing of fertility treatment to 

22 veterans using assisted reproductive technology; 

23 (2) to carry out section 1788 of title 38, United 

24 States Code, as added by section 172 of this Act; 

25 and 


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1 (3) to carry out section 1789 of such title, as 

2 added by section 173 of this Act. 

3 (b) LIMITATION.—Notwithstanding any other provi4 sion of law, during the period beginning on the date of 

5 the enactment of this Act and ending on the date on which 

6 the Secretary prescribes regulations under subsection (a), 

7 the Secretary may not furnish— 

8 (1) to a veteran any fertility treatment that 

9 uses an assisted reproductive technology that the 

10 Secretary has not used in the provision of a fertility 

11 treatment to a veteran before the date of the enact12 ment of this Act; 

13 (2) any fertility counseling or treatment under 

14 section 1788 of such title, as added by section 172 

15 of this Act; or 

16 (3) any assistance under section 1789 of such 

17 title, as added by section 173 of this Act. 

18 (c) ASSISTED REPRODUCTIVE TECHNOLOGY DE19 FINED.—In this section, the term ‘‘assisted reproductive 

20 technology’’ has the meaning given the term in section 

21 1788 of such title, as added by section 172 of this Act. 


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1 SEC. 175. COORDINATION BETWEEN DEPARTMENT OF VET2 ERANS AFFAIRS AND DEPARTMENT OF DE3 FENSE ON FURNISHING OF FERTILITY COUN4 SELING AND TREATMENT. 

5 The Secretary of Veterans Affairs and the Secretary 

6 of Defense shall share best practices and facilitate refer7 rals, as they consider appropriate, on the furnishing of fer8 tility counseling and treatment. 

9 SEC. 176. FACILITATION OF REPRODUCTION AND INFER10 TILITY RESEARCH. 

11 (a) IN GENERAL.—Subchapter II of chapter 73, as 

12 amended by section 124(a) of this Act, is further amended 

13 by adding at the end the following new section: 

14 ‘‘§ 7330C. Facilitation of reproduction and infertility 

15 research 

16 ‘‘(a) FACILITATION OF RESEARCH REQUIRED.—The 

17 Secretary shall facilitate research conducted collabo18 ratively by the Secretary of Defense and the Secretary of 

19 Health and Human Services to improve the ability of the 

20 Department of Veterans Affairs to meet the long-term re21 productive health care needs of veterans who have a geni22 tourinary service-connected disability or a condition that 

23 was incurred or aggravated in line of duty in the active 

24 military, naval, or air service, such as a spinal cord injury, 

25 that affects the veterans’ ability to reproduce. 


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1 ‘‘(b) DISSEMINATION OF INFORMATION.—The Sec2 retary shall ensure that information produced by the re3 search facilitated under this section that may be useful 

4 for other activities of the Veterans Health Administration 

5 is disseminated throughout the Veterans Health Adminis6 tration.’’. 

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

8 at the beginning of chapter 73, as amended by section 

9 124(b) of this Act, is further amended by inserting after 

10 the item relating to section 7330B the following new item: 

‘‘7330C. Facilitation of reproduction and infertility research.’’. 

11 (c) REPORT.—Not later than three years after the 

12 date of the enactment of this Act, the Secretary of Vet13 erans Affairs shall submit to Congress a report on the re14 search activities conducted by the Secretary under section 

15 7330C of title 38, United States Code, as added by sub16 section (a). 

17 SEC. 177. ANNUAL REPORT ON PROVISION OF FERTILITY 

18 COUNSELING AND TREATMENT FURNISHED 

19 BY DEPARTMENT OF VETERANS AFFAIRS. 

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

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

22 than annually thereafter, the Secretary of Veterans Af23 fairs shall submit to the Committee on Veterans’ Affairs 

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

25 the House of Representatives a report on the fertility 


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1 counseling and treatment furnished by the Department of 

2 Veterans Affairs during the year preceding the submittal 

3 of the report. 

4 (b) ELEMENTS.—Each report submitted under sub5 section (a) shall include, for the period covered by the re6 port, the following: 

7 (1) The number of veterans who received fer8 tility counseling or treatment furnished by the De9 partment of Veterans Affairs, disaggregated by era 

10 of military service of such veterans. 

11 (2) The number of spouses and surrogates of 

12 veterans who received fertility counseling or treat13 ment furnished by the Department. 

14 (3) The cost to the Department of furnishing 

15 fertility counseling and treatment, disaggregated by 

16 cost of services and administration. 

17 (4) The average cost to the Department per re18 cipient of such counseling and treatment. 

19 (5) In cases in which the Department furnished 

20 fertility treatment through the use of assisted repro21 ductive technology, the average number of cycles per 

22 person furnished. 

23 (6) A description of how fertility counseling and 

24 treatment services of the Department are coordiVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 nated with similar services of the Department of De2 fense. 

3 SEC. 178. PROGRAM ON ASSISTANCE FOR CHILD CARE FOR 

4 CERTAIN VETERANS. 

5 (a) ASSISTANCE FOR CHILD CARE FOR CERTAIN

6 VETERANS RECEIVING HEALTH CARE.— 

7 (1) IN GENERAL.—Subchapter I of chapter 17 

8 is amended by adding at the end the following new 

9 section: 

10 ‘‘§ 1709B. Assistance for child care for certain vet11 erans receiving health care 

12 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall 

13 carry out a program to provide, subject to subsection (b), 

14 assistance to qualified veterans described in subsection (c) 

15 to obtain child care so that such veterans can receive 

16 health care services described in subsection (c). 

17 ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—As18 sistance may only be provided to a qualified veteran under 

19 this section for receipt of child care during the period that 

20 the qualified veteran— 

21 ‘‘(1) receives health care services described in 

22 subsection (c) at a facility of the Department; and 

23 ‘‘(2) requires travel to and from such facility 

24 for the receipt of such health care services. 


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1 ‘‘(c) QUALIFIED VETERANS.—For purposes of this 

2 section, a qualified veteran is a veteran who is— 

3 ‘‘(1) the primary caretaker of a child or chil4 dren; and 

5 ‘‘(2)(A) receiving from the Department— 

6 ‘‘(i) regular mental health care services; 

7 ‘‘(ii) intensive mental health care services; 

8 or 

9 ‘‘(iii) such other intensive health care serv10 ices that the Secretary determines that provi11 sion of assistance to the veteran to obtain child 

12 care would improve access to such health care 

13 services by the veteran; or 

14 ‘‘(B) in need of regular or intensive mental 

15 health care services from the Department, and but 

16 for lack of child care services, would receive such 

17 health care services from the Department. 

18 ‘‘(d) LOCATIONS.—The Secretary shall carry out the 

19 program in no fewer than three Veterans Integrated Serv20 ice Networks selected by the Secretary for purposes of the 

21 program. 

22 ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) 

23 Child care assistance under this section may include the 

24 following: 


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1 ‘‘(A) Stipends for the payment of child care of2 fered by licensed child care centers (either directly 

3 or through a voucher program) which shall be, to 

4 the extent practicable, modeled after the Depart5 ment of Veterans Affairs Child Care Subsidy Pro6 gram established pursuant to section 630 of the 

7 Treasury and General Government Appropriations 

8 Act, 2002 (Public Law 107–67; 115 Stat. 552). 

9 ‘‘(B) Direct provision of child care at an on-site 

10 facility of the Department. 

11 ‘‘(C) Payments to private child care agencies. 

12 ‘‘(D) Collaboration with facilities or programs 

13 of other Federal departments or agencies. 

14 ‘‘(E) Such other forms of assistance as the Sec15 retary considers appropriate. 

16 ‘‘(2) In the case that child care assistance under this 

17 section is provided as a stipend under paragraph (1)(A), 

18 such stipend shall cover the full cost of such child care.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 17 is amended by 

21 inserting after the item relating to section 1709A 

22 the following new item: 

‘‘1709B. Assistance for child care for certain veterans receiving health care.’’. 

23 (3) CONFORMING AMENDMENT.—Section 

24 205(e) of the Caregivers and Veterans Omnibus 

25 Health Services Act of 2010 (Public Law 111–163; 


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1 38 U.S.C. 1710 note) is amended by inserting ‘‘but 

2 not after the date of the enactment of the Restoring 

3 Veterans Trust Act of 2014’’ before the period at 

4 the end. 

5 (b) ASSISTANCE FOR CHILD CARE FOR INDIVIDUALS

6 RECEIVING READJUSTMENT COUNSELING AND RELATED

7 MENTAL HEALTH SERVICES.— 

8 (1) IN GENERAL.—Subchapter I of chapter 17, 

9 as amended by subsection (a)(1) of this section, is 

10 further amended by adding at the end the following 

11 new section: 

12 ‘‘§ 1709C. Assistance for child care for individuals re13 ceiving readjustment counseling and re14 lated mental health services 

15 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall 

16 carry out a program to provide, subject to subsection (b), 

17 assistance to qualified individuals described in subsection 

18 (c) to obtain child care so that such individuals can receive 

19 readjustment counseling and related mental health serv20 ices. 

21 ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—As22 sistance may only be provided to a qualified individual 

23 under this section for receipt of child care during the pe24 riod that the qualified individual receives readjustment 


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1 counseling and related health care services at a Vet Cen2 ter. 

3 ‘‘(c) QUALIFIED INDIVIDUALS.—For purposes of this 

4 section, a qualified individual is an individual who is— 

5 ‘‘(1) the primary caretaker of a child or chil6 dren; and 

7 ‘‘(2)(A) receiving from the Department regular 

8 readjustment counseling and related mental health 

9 services; or 

10 ‘‘(B) in need of readjustment counseling and 

11 related mental health services from the Department, 

12 and but for lack of child care services, would receive 

13 such counseling and services from the Department. 

14 ‘‘(d) LOCATIONS.—The Secretary shall carry out the 

15 program under this section in no fewer than three Read16 justment Counseling Service Regions selected by the Sec17 retary for purposes of the program. 

18 ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) 

19 Child care assistance under this section may include the 

20 following: 

21 ‘‘(A) Stipends for the payment of child care of22 fered by licensed child care centers (either directly 

23 or through a voucher program) which shall be, to 

24 the extent practicable, modeled after the Depart25 ment of Veterans Affairs Child Care Subsidy ProVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 gram established pursuant to section 630 of the 

2 Treasury and General Government Appropriations 

3 Act, 2002 (Public Law 107–67; 115 Stat. 552). 

4 ‘‘(B) Payments to private child care agencies. 

5 ‘‘(C) Collaboration with facilities or programs 

6 of other Federal departments or agencies. 

7 ‘‘(D) Such other forms of assistance as the Sec8 retary considers appropriate. 

9 ‘‘(2) In the case that child care assistance under this 

10 subsection is provided as a stipend under paragraph 

11 (1)(A), such stipend shall cover the full cost of such child 

12 care. 

13 ‘‘(f) VET CENTER DEFINED.—In this section, the 

14 term ‘Vet Center’ means a center for readjustment coun15 seling and related mental health services for individuals 

16 under section 1712A of this title.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 17, as amended by 

19 subsection (a)(2) of this section, is further amended 

20 by inserting after the item relating to section 1709B 

21 the following new item: 

‘‘1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services.’’. 


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1 SEC. 179. COUNSELING IN RETREAT SETTINGS FOR WOMEN 

2 VETERANS NEWLY SEPARATED FROM SERV3 ICE IN THE ARMED FORCES. 

4 (a) COUNSELING IN RETREAT SETTINGS.— 

5 (1) IN GENERAL.—Subchapter II of chapter 17 

6 is amended by adding at the end the following new 

7 section: 

8 ‘‘§ 1720H. Counseling in retreat settings for women 

9 veterans newly separated from service in 

10 the Armed Forces 

11 ‘‘(a) IN GENERAL.—The Secretary shall provide, 

12 through the Readjustment Counseling Service of the Vet13 erans Health Administration, reintegration and readjust14 ment services described in subsection (c) in group retreat 

15 settings to women veterans who are recently separated 

16 from service in the Armed Forces after a prolonged de17 ployment. 

18 ‘‘(b) ELECTION OF VETERAN.—The receipt of serv19 ices under this section by a woman veteran shall be at 

20 the election of the veteran. 

21 ‘‘(c) COVERED SERVICES.—The services provided to 

22 a woman veteran under this section shall include the fol23 lowing: 

24 ‘‘(1) Information on reintegration into the vet25 eran’s family, employment, and community. 

26 ‘‘(2) Financial counseling. 


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1 ‘‘(3) Occupational counseling. 

2 ‘‘(4) Information and counseling on stress re3 duction. 

4 ‘‘(5) Information and counseling on conflict res5 olution. 

6 ‘‘(6) Such other information and counseling as 

7 the Secretary considers appropriate to assist the vet8 eran in reintegration into the veteran’s family, em9 ployment, and community.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 17 is amended by 

12 inserting after the item relating to section 1720G 

13 the following new item: 

‘‘1720H. Counseling in retreat settings for women veterans newly separated 

from service in the Armed Forces.’’. 

14 (b) REPEAL OF SUPERSEDED PILOT PROGRAM AU15 THORITY.—Section 203 of the Caregivers and Veterans 

16 Omnibus Health Services Act of 2010 (Public Law 111– 

17 163; 38 U.S.C. 1712A note) is hereby repealed. 

18 Subtitle I—Major Medical Facility 

19 Leases 

20 SEC. 181. AUTHORIZATION OF MAJOR MEDICAL FACILITY 

21 LEASES. 

22 The Secretary of Veterans Affairs may carry out the 

23 following major medical facility leases at the locations 

24 specified, and in an amount for each lease not to exceed 


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1 the amount shown for such location (not including any es2 timated cancellation costs): 

3 (1) For a clinical research and pharmacy co4 ordinating center, Albuquerque, New Mexico, an 

5 amount not to exceed $9,560,000. 

6 (2) For a community-based outpatient clinic, 

7 Brick, New Jersey, an amount not to exceed 

8 $7,280,000. 

9 (3) For a new primary care and dental clinic 

10 annex, Charleston, South Carolina, an amount not 

11 to exceed $7,070,250. 

12 (4) For the Cobb County community-based 

13 Outpatient Clinic, Cobb County, Georgia, an amount 

14 not to exceed $6,409,000. 

15 (5) For the Leeward Outpatient Healthcare Ac16 cess Center, Honolulu, Hawaii, including a co-lo17 cated clinic with the Department of Defense and the 

18 co-location of the Honolulu Regional Office of the 

19 Veterans Benefits Administration and the Kapolei 

20 Vet Center of the Department of Veterans Affairs, 

21 an amount not to exceed $15,887,370. 

22 (6) For a community-based outpatient clinic, 

23 Johnson County, Kansas, an amount not to exceed 

24 $2,263,000. 


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1 (7) For a replacement community-based out2 patient clinic, Lafayette, Louisiana, an amount not 

3 to exceed $2,996,000. 

4 (8) For a community-based outpatient clinic, 

5 Lake Charles, Louisiana, an amount not to exceed 

6 $2,626,000. 

7 (9) For outpatient clinic consolidation, New 

8 Port Richey, Florida, an amount not to exceed 

9 $11,927,000. 

10 (10) For an outpatient clinic, Ponce, Puerto 

11 Rico, an amount not to exceed $11,535,000. 

12 (11) For lease consolidation, San Antonio, 

13 Texas, an amount not to exceed $19,426,000. 

14 (12) For a community-based outpatient clinic, 

15 San Diego, California, an amount not to exceed 

16 $11,946,100. 

17 (13) For an outpatient clinic, Tyler, Texas, an 

18 amount not to exceed $4,327,000. 

19 (14) For the Errera Community Care Center, 

20 West Haven, Connecticut, an amount not to exceed 

21 $4,883,000. 

22 (15) For the Worcester community-based Out23 patient Clinic, Worcester, Massachusetts, an amount 

24 not to exceed $4,855,000. 


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1 (16) For the expansion of a community-based 

2 outpatient clinic, Cape Girardeau, Missouri, an 

3 amount not to exceed $4,232,060. 

4 (17) For a multispecialty clinic, Chattanooga, 

5 Tennessee, an amount not to exceed $7,069,000. 

6 (18) For the expansion of a community-based 

7 outpatient clinic, Chico, California, an amount not to 

8 exceed $4,534,000. 

9 (19) For a community-based outpatient clinic, 

10 Chula Vista, California, an amount not to exceed 

11 $3,714,000. 

12 (20) For a new research lease, Hines, Illinois, 

13 an amount not to exceed $22,032,000. 

14 (21) For a replacement research lease, Hous15 ton, Texas, an amount not to exceed $6,142,000. 

16 (22) For a community-based outpatient clinic, 

17 Lincoln, Nebraska, an amount not to exceed 

18 $7,178,400. 

19 (23) For a community-based outpatient clinic, 

20 Lubbock, Texas, an amount not to exceed 

21 $8,554,000. 

22 (24) For a community-based outpatient clinic 

23 consolidation, Myrtle Beach, South Carolina, an 

24 amount not to exceed $8,022,000. 


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1 (25) For a community-based outpatient clinic, 

2 Phoenix, Arizona, an amount not to exceed 

3 $20,757,000. 

4 (26) For the expansion of a community-based 

5 outpatient clinic, Redding, California, an amount not 

6 to exceed $8,154,000. 

7 (27) For the expansion of a community-based 

8 outpatient clinic, Tulsa, Oklahoma, an amount not 

9 to exceed $13,269,200. 

10 SEC. 182. BUDGETARY TREATMENT OF DEPARTMENT OF 

11 VETERANS AFFAIRS MAJOR MEDICAL FACILI12 TIES LEASES. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) Title 31, United States Code, requires the 

15 Department of Veterans Affairs to record the full 

16 cost of its contractual obligation against funds avail17 able at the time a contract is executed. 

18 (2) Office of Management and Budget Circular 

19 A–11 provides guidance to agencies in meeting the 

20 statutory requirements under title 31, United States 

21 Code, with respect to leases. 

22 (3) For operating leases, Office of Management 

23 and Budget Circular A–11 requires the Department 

24 of Veterans Affairs to record up-front budget au25 thority in an ‘‘amount equal to total payments under 


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1 the full term of the lease or [an] amount sufficient 

2 to cover first year lease payments plus cancellation 

3 costs’’. 

4 (b) REQUIREMENT FOR OBLIGATION OF FULL

5 COST.— 

6 (1) IN GENERAL.—Subject to the availability of 

7 appropriations provided in advance, in exercising the 

8 authority of the Secretary of Veterans Affairs to 

9 enter into leases provided in this Act, the Secretary 

10 shall record, pursuant to section 1501 of title 31, 

11 United States Code, as the full cost of the contrac12 tual obligation at the time a contract is executed ei13 ther— 

14 (A) an amount equal to total payments 

15 under the full term of the lease; or 

16 (B) if the lease specifies payments to be 

17 made in the event the lease is terminated before 

18 its full term, an amount sufficient to cover the 

19 first year lease payments plus the specified can20 cellation costs. 

21 (2) SELF-INSURING AUTHORITY.—The require22 ments of paragraph (1) may be satisfied through the 

23 use of a self-insuring authority consistent with Of24 fice of Management and Budget Circular A–11. 

25 (c) TRANSPARENCY.— 


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1 (1) COMPLIANCE.—Subsection (b) of section 

2 8104 is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(7) In the case of a prospectus proposing 

5 funding for a major medical facility lease, a detailed 

6 analysis of how the lease is expected to comply with 

7 Office of Management and Budget Circular A–11 

8 and section 1341 of title 31 (commonly referred to 

9 as the ‘Anti-Deficiency Act’). Any such analysis shall 

10 include— 

11 ‘‘(A) an analysis of the classification of the 

12 lease as a ‘lease-purchase’, ‘capital lease’, or 

13 ‘operating lease’ as those terms are defined in 

14 Office of Management and Budget Circular A– 

15 11; 

16 ‘‘(B) an analysis of the obligation of budg17 etary resources associated with the lease; and 

18 ‘‘(C) an analysis of the methodology used 

19 in determining the asset cost, fair market value, 

20 and cancellation costs of the lease.’’. 

21 (2) SUBMITTAL TO CONGRESS.—Such section 

22 8104 is further amended by adding at the end the 

23 following new subsection: 

24 ‘‘(h)(1) Not less than 30 days before entering into 

25 a major medical facility lease, the Secretary shall submit 


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

2 the House of Representatives— 

3 ‘‘(A) notice of the Secretary’s intention to enter 

4 into the lease; 

5 ‘‘(B) a detailed summary of the proposed lease; 

6 ‘‘(C) a description and analysis of any dif7 ferences between the prospectus submitted pursuant 

8 to subsection (b) and the proposed lease; and 

9 ‘‘(D) a scoring analysis demonstrating that the 

10 proposed lease fully complies with Office of Manage11 ment and Budget Circular A–11. 

12 ‘‘(2) Each committee described in paragraph (1) shall 

13 ensure that any information submitted to the committee 

14 under such paragraph is treated by the committee with 

15 the same level of confidentiality as is required by law of 

16 the Secretary and subject to the same statutory penalties 

17 for unauthorized disclosure or use as the Secretary. 

18 ‘‘(3) Not more than 30 days after entering into a 

19 major medical facility lease, the Secretary shall submit to 

20 each committee described in paragraph (1) a report on 

21 any material differences between the lease that was en22 tered into and the proposed lease described under such 

23 paragraph, including how the lease that was entered into 

24 changes the previously submitted scoring analysis de25 scribed in subparagraph (D) of such paragraph.’’. 


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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion, or the amendments made by this section, shall be 

3 construed to in any way relieve the Department of Vet4 erans Affairs from any statutory or regulatory obligations 

5 or requirements existing prior to the enactment of this 

6 section and such amendments. 

7 TITLE II—SURVIVOR AND 

8 DEPENDENT MATTERS 

9 SEC. 201. EXTENSION OF INITIAL PERIOD FOR INCREASED 

10 DEPENDENCY AND INDEMNITY COMPENSA11 TION FOR SURVIVING SPOUSES WITH CHIL12 DREN. 

13 (a) IN GENERAL.—Section 1311(f)(2) is amended by 

14 striking ‘‘two-year’’ and inserting ‘‘three-year’’. 

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

16 subsection (a) shall take effect as of September 30, 2014, 

17 and shall apply to any surviving spouse who was eligible 

18 for or in receipt of benefits under section 1311(f) of title 

19 38, United States Code, on or after the date of the enact20 ment of this Act. 


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1 SEC. 202. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY 

2 COMPENSATION, EDUCATIONAL ASSISTANCE, 

3 AND HOUSING LOANS FOR SURVIVING 

4 SPOUSES WHO REMARRY AFTER AGE 55. 

5 (a) IN GENERAL.—Paragraph (2)(B) of section 

6 103(d) is amended to read as follows: 

7 ‘‘(B) The remarriage after age 55 of the surviving 

8 spouse of a veteran shall not bar the furnishing of benefits 

9 specified in paragraph (5) to such person as the surviving 

10 spouse of the veteran.’’. 

11 (b) CONFORMING AMENDMENT.—Paragraph (5) of 

12 such section is amended by striking ‘‘Paragraphs (2)(A)’’ 

13 and inserting ‘‘Paragraphs (2)’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date that is one year 

16 after the date of the enactment of this Act. 

17 SEC. 203. EXTENSION OF MARRIAGE DELIMITING DATE FOR 

18 SURVIVING SPOUSES OF PERSIAN GULF WAR 

19 VETERANS TO QUALIFY FOR DEATH PEN20 SION. 

21 Section 1541(f)(1)(E) is amended by striking ‘‘Janu22 ary 1, 2001’’ and inserting ‘‘the date that is 10 years and 

23 one day after the date on which the Persian Gulf War 

24 was terminated, as prescribed by Presidential proclama25 tion or by law’’. 


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1 SEC. 204. MAKING EFFECTIVE DATE PROVISION CON2 SISTENT WITH PROVISION FOR BENEFITS 

3 ELIGIBILITY OF A VETERAN’S CHILD BASED 

4 UPON TERMINATION OF REMARRIAGE BY AN5 NULMENT. 

6 Section 5110(l) is amended by striking ‘‘, or of an 

7 award or increase of benefits based on recognition of a 

8 child upon termination of the child’s marriage by death 

9 or divorce,’’. 

10 SEC. 205. EXPANSION OF MARINE GUNNERY SERGEANT 

11 JOHN DAVID FRY SCHOLARSHIP. 

12 (a) EXPANSION OF ENTITLEMENT.—Subsection 

13 (b)(9) of section 3311 is amended by inserting ‘‘or 

14 spouse’’ after ‘‘child’’. 

15 (b) LIMITATION AND ELECTION ON CERTAIN BENE16 FITS.—Subsection (f) of such section is amended— 

17 (1) by redesignating paragraph (2) as para18 graph (4); and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraphs: 

21 ‘‘(2) LIMITATION.—The entitlement of an indi22 vidual to assistance under subsection (a) pursuant to 

23 paragraph (9) of subsection (b) because the indi24 vidual was a spouse of a person described in such 

25 paragraph shall expire on the earlier of— 


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1 ‘‘(A) the date that is 15 years after the 

2 date on which the person died; and 

3 ‘‘(B) the date on which the individual re4 marries. 

5 ‘‘(3) ELECTION ON RECEIPT OF CERTAIN BENE6 FITS.—A surviving spouse entitled to assistance 

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

8 subsection (b) who is also entitled to educational as9 sistance under chapter 35 of this title may not re10 ceive assistance under both this section and such 

11 chapter, but shall make an irrevocable election (in 

12 such form and manner as the Secretary may pre13 scribe) under which section or chapter to receive 

14 educational assistance.’’. 

15 (c) CONFORMING AMENDMENT.—Section 3321(b)(4) 

16 is amended— 

17 (1) by striking ‘‘an individual’’ and inserting ‘‘a 

18 child’’; and 

19 (2) by striking ‘‘such individual’s’’ each time it 

20 appears and inserting ‘‘such child’s’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the date that is two years 

23 after the date of the enactment of this Act. 


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1 SEC. 206. EXPANSION OF YELLOW RIBBON G.I. EDUCATION 

2 ENHANCEMENT PROGRAM. 

3 (a) IN GENERAL.—Section 3317(a) is amended by 

4 striking ‘‘in paragraphs (1) and (2)’’ and inserting ‘‘in 

5 paragraphs (1), (2), and (9)’’. 

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

7 subsection (a) shall apply with respect to academic terms 

8 beginning after July 1, 2015. 

9 SEC. 207. BENEFITS FOR CHILDREN OF CERTAIN THAILAND 

10 SERVICE VETERANS BORN WITH SPINA 

11 BIFIDA. 

12 (a) IN GENERAL.—Subchapter III of chapter 18 is 

13 amended by adding at the end the following new section: 

14 ‘‘§ 1822. Benefits for children of certain Thailand 

15 service veterans born with spina bifida 

16 ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may 

17 provide to any child of a veteran of covered service in 

18 Thailand who is suffering from spina bifida the health 

19 care, vocational training and rehabilitation, and monetary 

20 allowance required to be paid to a child of a Vietnam vet21 eran who is suffering from spina bifida under subchapter 

22 I of this chapter as if such child of a veteran of covered 

23 service in Thailand were a child of a Vietnam veteran who 

24 is suffering from spina bifida under such subchapter. 


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1 ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.—This 

2 section applies with respect to all forms and manifesta3 tions of spina bifida, except spina bifida occulta. 

4 ‘‘(c) VETERAN OF COVERED SERVICE IN THAI5 LAND.—For purposes of this section, a veteran of covered 

6 service in Thailand is any individual, without regard to 

7 the characterization of that individual’s service, who— 

8 ‘‘(1) served in the active military, naval, or air 

9 service in Thailand, as determined by the Secretary 

10 in consultation with the Secretary of Defense, dur11 ing the period beginning on January 9, 1962, and 

12 ending on May 7, 1975; and 

13 ‘‘(2) is determined by the Secretary, in con14 sultation with the Secretary of Defense, to have been 

15 exposed to a herbicide agent during such service in 

16 Thailand. 

17 ‘‘(d) HERBICIDE AGENT.—For purposes of this sec18 tion, the term ‘herbicide agent’ means a chemical in a her19 bicide used in support of United States and allied military 

20 operations in Thailand, as determined by the Secretary in 

21 consultation with the Secretary of Defense, during the pe22 riod beginning on January 9, 1962, and ending on May 

23 7, 1975.’’. 

24 (b) CONFORMING AMENDMENT TO DEFINITION OF

25 ‘‘CHILD’’.—Section 1831(1) is amended— 


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1 (1) in subparagraph (B)— 

2 (A) by striking ‘‘subchapter III of this 

3 chapter’’ and inserting ‘‘section 1821 of this 

4 title’’; and 

5 (B) in clause (i), by striking ‘‘section 1821 

6 of this title’’ and inserting ‘‘that section’’; and 

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

9 ‘‘(C) For purposes of section 1822 of this title, 

10 an individual, regardless of age or marital status, 

11 who— 

12 ‘‘(i) is the natural child of a veteran of 

13 covered service in Thailand (as determined for 

14 purposes of that section); and 

15 ‘‘(ii) was conceived after the date on which 

16 that veteran first entered service described in 

17 subsection (c) of that section.’’. 

18 (c) CLERICAL AMENDMENTS.— 

19 (1) SUBCHAPTER HEADING.—The heading for 

20 subchapter III of chapter 18 is amended by insert21 ing ‘‘AND THAILAND’’ after ‘‘KOREA’’. 

22 (2) TABLE OF SECTIONS.—The table of sections 

23 at the beginning of chapter 18 is amended— 


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1 (A) by striking the item relating to sub2 chapter III and inserting the following new 

3 item: 

‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE

VETERANS BORN WITH SPINA BIFIDA’’; 

4 and 

5 (B) by inserting after the item relating to 

6 section 1821 the following new item: 

‘‘1822. Benefits for children of certain Thailand service veterans born with spina 

bifida.’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date that is one year 

9 after the date of the enactment of this Act. 

10 SEC. 208. PROGRAM ON ASSISTED LIVING FOR CHILDREN 

11 OF VIETNAM VETERANS AND CERTAIN 

12 KOREA SERVICE VETERANS BORN WITH 

13 SPINA BIFIDA. 

14 (a) PROGRAM.—Commencing not later than 180 days 

15 after the date on which this section takes effect, the Sec16 retary of Veterans Affairs shall carry out a program to 

17 assess the feasibility and advisability of providing assisted 

18 living, group home care, or similar services in lieu of nurs19 ing home care to covered individuals. 

20 (b) COVERED INDIVIDUALS.—For purposes of this 

21 section, a covered individual is any individual who is enti22 tled to health care under subchapter I or III of chapter 

23 18 of title 38, United States Code. 


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1 (c) DURATION.— 

2 (1) IN GENERAL.—Except as otherwise pro3 vided in this subsection, the program shall be carried 

4 out during the three-year period beginning on the 

5 date of the commencement of the program. 

6 (2) CONTINUATION.—Subject to paragraph (3), 

7 the Secretary may continue the program for an addi8 tional two-year period as the Secretary considers ap9 propriate. 

10 (3) TERMINATION.—The program may not op11 erate after the date that is five years after the date 

12 of the commencement of the program. 

13 (d) SCOPE OF SERVICES AND PROGRAM.—Under the 

14 program, the Secretary shall provide covered individuals 

15 with integrated, comprehensive services, including the fol16 lowing: 

17 (1) Assisted living, group home care, or such 

18 other similar services as the Secretary considers ap19 propriate. 

20 (2) Transportation services. 

21 (3) Such other services as the Secretary con22 siders appropriate for the care of covered individuals 

23 under the program. 

24 (e) PROGRAM REQUIREMENTS.—In carrying out the 

25 program, the Secretary shall— 


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1 (1) inform all covered individuals of the services 

2 available under the program; 

3 (2) enter into agreements with appropriate pro4 viders of assisted living, group home care, or other 

5 similar services for provision of services under the 

6 program; and 

7 (3) determine the appropriate number of cov8 ered individuals to be enrolled in the program and 

9 criteria for such enrollment. 

10 (f) REPORTS.— 

11 (1) PRELIMINARY REPORTS.— 

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

13 after the date of the commencement of the pro14 gram and, if the program is continued under 

15 subsection (c)(2), not later than three years 

16 after the date of the commencement of the pro17 gram, the Secretary shall submit to the Com18 mittee on Veterans’ Affairs of the Senate and 

19 the Committee on Veterans’ Affairs of the 

20 House of Representatives a report on the pro21 gram. 

22 (B) CONTENTS.—Each report submitted 

23 under subparagraph (A) shall include the fol24 lowing: 


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1 (i) A description of the implementa2 tion and operation of the program. 

3 (ii) The number of covered individuals 

4 receiving benefits under the program. 

5 (iii) An analysis that compares the 

6 costs of furnishing assisted living, group 

7 home care, or similar services with the 

8 costs of furnishing nursing home care. 

9 (iv) An analysis of the costs and bene10 fits under the program. 

11 (v) The findings and conclusions of 

12 the Secretary with respect to the program. 

13 (vi) Such recommendations for the 

14 continuation or expansion of the program 

15 as the Secretary may have. 

16 (2) FINAL REPORT.— 

17 (A) IN GENERAL.—Not later than 180 

18 days after the completion of the program, the 

19 Secretary shall submit to the Committee on 

20 Veterans’ Affairs of the Senate and the Com21 mittee on Veterans’ Affairs of the House of 

22 Representatives a report on the program. 

23 (B) CONTENTS.—The report submitted 

24 under subparagraph (A) shall include the fol25 lowing: 


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1 (i) The findings and conclusions of 

2 the Secretary with respect to the program. 

3 (ii) Such recommendations for the 

4 continuation or expansion of the program 

5 as the Secretary may have. 

6 (g) FUNDING.—Amounts to carry out the program 

7 shall be derived from amounts appropriated or otherwise 

8 made available for the furnishing of nursing home care 

9 under chapter 18 of title 38, United States Code. 

10 (h) EFFECTIVE DATE.—This section shall take effect 

11 on the date that is one year after the date of the enact12 ment of this Act. 

13 SEC. 209. PROGRAM ON GRIEF COUNSELING IN RETREAT 

14 SETTINGS FOR SURVIVING SPOUSES OF MEM15 BERS OF THE ARMED FORCES WHO DIE 

16 WHILE SERVING ON ACTIVE DUTY IN THE 

17 ARMED FORCES. 

18 (a) PROGRAM REQUIRED.— 

19 (1) IN GENERAL.—Commencing not later than 

20 180 days after the date on which this section takes 

21 effect, the Secretary of Veterans Affairs shall carry 

22 out, through the Readjustment Counseling Service of 

23 the Veterans Health Administration, a program to 

24 assess the feasibility and advisability of providing 

25 grief counseling services described in subsection (b) 


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1 in group retreat settings to surviving spouses of 

2 members of the Armed Forces who die while serving 

3 on active duty in the Armed Forces who would, as 

4 determined by the Readjustment Counseling Service, 

5 benefit from the services provided under the pro6 gram. 

7 (2) PARTICIPATION AT ELECTION OF SUR8 VIVING SPOUSE.—The participation of a surviving 

9 spouse in the program under this section shall be at 

10 the election of the surviving spouse. 

11 (b) COVERED SERVICES.—The services provided to a 

12 surviving spouse under the program shall include the fol13 lowing: 

14 (1) Information and counseling on coping with 

15 grief. 

16 (2) Information about benefits and services 

17 available to surviving spouses under laws adminis18 tered by the Secretary. 

19 (3) Such other information and counseling as 

20 the Secretary considers appropriate to assist a sur21 viving spouse under the program with adjusting to 

22 the death of a spouse. 

23 (c) EVENTS.—The Secretary shall carry out the pro24 gram at not fewer than six events as follows: 


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1 (1) Three events at which surviving spouses 

2 with dependent children are encouraged to bring 

3 their children. 

4 (2) Three events at which surviving spouses 

5 with dependent children are not encouraged to bring 

6 their children. 

7 (d) DURATION.—The program shall be carried out 

8 during the two-year period beginning on the date of the 

9 commencement of the program. 

10 (e) REPORTS.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the completion of the first year of the program 

13 and not later than 180 days after the completion of 

14 the program, the Secretary shall submit to Congress 

15 a report on the program. 

16 (2) CONTENTS.—Each report submitted under 

17 paragraph (1) shall contain the findings and conclu18 sions of the Secretary as a result of the program, 

19 and shall include such recommendations for the con20 tinuation or expansion of the program as the Sec21 retary considers appropriate. 

22 (f) DEFINITIONS.—In this section, the terms ‘‘active 

23 duty’’, ‘‘Armed Forces’’, and ‘‘surviving spouse’’ have the 

24 meanings given such terms in section 101 of title 38, 

25 United States Code. 


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1 (g) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is one year after the date of the enact3 ment of this Act. 

4 SEC. 210. PROGRAM EVALUATION ON SURVIVORS’ AND DE5 PENDENTS’ EDUCATIONAL ASSISTANCE AU6 THORITIES. 

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

8 shall enter into a contract with an appropriate private sec9 tor entity to conduct a program evaluation of the authori10 ties for survivors’ and dependents’ educational assistance 

11 under chapter 35 of title 38, United States Code. 

12 (b) REPORT.—Not later than six months after the 

13 entry into the contract required by subsection (a), the Sec14 retary shall submit to the Committee on Veterans’ Affairs 

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

16 the House of Representatives a report setting forth the 

17 results of the program evaluation conducted pursuant to 

18 the contract, together with such comments on the results 

19 of the program evaluation as the Secretary considers ap20 propriate. 

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

22 one year after the date of the enactment of this Act. 


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1 TITLE III—EDUCATION MATTERS 

2 SEC. 301. APPROVAL OF COURSES OF EDUCATION PRO3 VIDED BY PUBLIC INSTITUTIONS OF HIGHER 

4 LEARNING FOR PURPOSES OF ALL-VOLUN5 TEER FORCE EDUCATIONAL ASSISTANCE 

6 PROGRAM AND POST-9/11 EDUCATIONAL AS7 SISTANCE CONDITIONAL ON IN-STATE TUI8 TION RATE FOR VETERANS. 

9 (a) IN GENERAL.—Section 3679 is amended by add10 ing at the end the following new subsection: 

11 ‘‘(c)(1) Notwithstanding any other provision of this 

12 chapter and subject to paragraphs (3) through (6), the 

13 Secretary shall disapprove a course of education provided 

14 by a public institution of higher learning to a covered indi15 vidual pursuing a course of education with educational as16 sistance under chapter 30 or 33 of this title while living 

17 in the State in which the public institution of higher learn18 ing is located if the institution charges tuition and fees 

19 for that course for the covered individual at a rate that 

20 is higher than the rate the institution charges for tuition 

21 and fees for that course for residents of the State in which 

22 the institution is located, regardless of the covered individ23 ual’s State of residence. 

24 ‘‘(2) For purposes of this subsection, a covered indi25 vidual is any individual as follows: 


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1 ‘‘(A) A veteran who was discharged or released 

2 from a period of not fewer than 90 days of service 

3 in the active military, naval, or air service less than 

4 three years before the date of enrollment in the 

5 course concerned. 

6 ‘‘(B) An individual who is entitled to assistance 

7 under section 3311(b)(9) or 3319 of this title by vir8 tue of such individual’s relationship to a veteran de9 scribed in subparagraph (A). 

10 ‘‘(3) If after enrollment in a course of education that 

11 is subject to disapproval under paragraph (1) by reason 

12 of paragraph (2)(A) or (2)(B) a covered individual pur13 sues one or more courses of education at the same public 

14 institution of higher learning while remaining continuously 

15 enrolled (other than during regularly scheduled breaks be16 tween courses, semesters or terms) at that institution of 

17 higher learning, any course so pursued by the covered indi18 vidual at that institution of higher learning while so con19 tinuously enrolled shall also be subject to disapproval 

20 under paragraph (1). 

21 ‘‘(4) It shall not be grounds to disapprove a course 

22 of education under paragraph (1) if a public institution 

23 of higher learning requires a covered individual pursuing 

24 a course of education at the institution to demonstrate an 

25 intent, by means other than satisfying a physical presence 


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1 requirement, to establish residency in the State in which 

2 the institution is located, or to satisfy other requirements 

3 not relating to the establishment of residency, in order to 

4 be charged tuition and fees for that course at a rate that 

5 is equal to or less than the rate the institution charges 

6 for tuition and fees for that course for residents of the 

7 State. 

8 ‘‘(5) The Secretary may waive such requirements of 

9 paragraph (1) as the Secretary considers appropriate. 

10 ‘‘(6) Disapproval under paragraph (1) shall apply 

11 only with respect to educational assistance under chapters 

12 30 and 33 of this title.’’. 

13 (b) EFFECTIVE DATE.—Subsection (c) of section 

14 3679 of title 38, United States Code (as added by sub15 section (a) of this section), shall apply with respect to edu16 cational assistance provided for pursuit of programs of 

17 education during academic terms that begin after July 1, 

18 2015, through courses of education that commence on or 

19 after that date. 


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1 SEC. 302. EXTENSION AND EXPANSION OF AUTHORITY FOR 

2 CERTAIN QUALIFYING WORK-STUDY ACTIVI3 TIES FOR PURPOSES OF THE EDUCATIONAL 

4 ASSISTANCE PROGRAMS OF THE DEPART5 MENT OF VETERANS AFFAIRS. 

6 (a) EXTENSION OF EXPIRING CURRENT AUTHOR7 ITY.—Section 3485(a)(4) is amended by striking ‘‘June 

8 30, 2013’’ each place it appears and inserting ‘‘June 30, 

9 2015’’. 

10 (b) EXPANSION TO OUTREACH SERVICES PROVIDED

11 THROUGH CONGRESSIONAL OFFICES.—Such section is 

12 further amended by adding at the end the following new 

13 subparagraph: 

14 ‘‘(K) During the period beginning on June 30, 

15 2013, and ending on June 30, 2015, the following 

16 activities carried out at the offices of Members of 

17 Congress for such Members: 

18 ‘‘(i) The distribution of information to 

19 members of the Armed Forces, veterans, and 

20 their dependents about the benefits and services 

21 under laws administered by the Secretary and 

22 other appropriate governmental and nongovern23 mental programs. 

24 ‘‘(ii) The preparation and processing of pa25 pers and other documents, including documents 

26 to assist in the preparation and presentation of 


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1 claims for benefits under laws administered by 

2 the Secretary.’’. 

3 (c) ANNUAL REPORTS.— 

4 (1) IN GENERAL.—Not later than June 30 of 

5 2014 and 2015, the Secretary of Veterans Affairs 

6 shall submit to Congress a report on the work-study 

7 allowances paid under paragraph (1) of section 

8 3485(a) of title 38, United States Code, during the 

9 most recent one-year period for qualifying work10 study activities described in paragraph (4) of such 

11 section, as amended by subsections (a) and (b) of 

12 this section. 

13 (2) CONTENTS.—Each report submitted under 

14 paragraph (1) shall include, for the year covered by 

15 such report, the following: 

16 (A) A description of the recipients of such 

17 work-study allowances. 

18 (B) A list of the locations where qualifying 

19 work-study activities were carried out. 

20 (C) A description of the outreach con21 ducted by the Secretary to increase awareness 

22 of the eligibility of such work-study activities 

23 for such work-study allowances. 


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1 SEC. 303. PROHIBITIONS RELATING TO REFERENCES TO GI 

2 BILL AND POST-9/11 GI BILL. 

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

4 amended by adding at the end the following new section: 

5 ‘‘§ 3697B. Prohibition relating to references to GI Bill 

6 and Post-9/11 GI Bill 

7 ‘‘(a) PROHIBITION.—(1) No person may, except with 

8 the written permission of the Secretary, use the words and 

9 phrases covered by this subsection in connection with any 

10 promotion, goods, services, or commercial activity in a 

11 manner that reasonably and falsely suggests that such use 

12 is approved, endorsed, or authorized by the Department 

13 or any component thereof. 

14 ‘‘(2) For purposes of this subsection, the words and 

15 phrases covered by this subsection are as follows: 

16 ‘‘(A) ‘GI Bill’. 

17 ‘‘(B) ‘Post-9/11 GI Bill’. 

18 ‘‘(3) A determination that a use of one or more words 

19 and phrases covered by this subsection in connection with 

20 a promotion, goods, services, or commercial activity is not 

21 a violation of this subsection may not be made solely on 

22 the ground that such promotion, goods, services, or com23 mercial activity includes a disclaimer of affiliation with the 

24 Department or any component thereof. 

25 ‘‘(b) ENFORCEMENT BY ATTORNEY GENERAL.—(1) 

26 When any person is engaged or is about to engage in an 


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1 act or practice which constitutes or will constitute conduct 

2 prohibited by subsection (a), the Attorney General may 

3 initiate a civil proceeding in a district court of the United 

4 States to enjoin such act or practice. 

5 ‘‘(2) Such court may, at any time before final deter6 mination, enter such restraining orders or prohibitions, or 

7 take such other action as is warranted, to prevent injury 

8 to the United States or to any person or class of persons 

9 for whose protection the action is brought.’’. 

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

11 at the beginning of chapter 36 is amended by inserting 

12 after the item relating to section 3697A the following new 

13 item: 

‘‘3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill.’’. 

14 SEC. 304. REVIEW OF UTILIZATION OF EDUCATIONAL AS15 SISTANCE TO PURSUE PROGRAMS OF TRAIN16 ING ON THE JOB AND PARTICIPATING EM17 PLOYERS. 

18 (a) IN GENERAL.—Not later than two years after the 

19 date of the enactment of this Act, the Secretary of Vet20 erans Affairs shall commence a review of— 

21 (1) the utilization of educational assistance 

22 under laws administered by the Secretary of Vet23 erans Affairs to pursue programs of training on the 

24 job (other than programs of apprenticeship); and 


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1 (2) the availability of such programs to individ2 uals seeking to pursue such programs with such edu3 cational assistance. 

4 (b) REPORT.— 

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

6 after the date on which the Secretary commences the 

7 review required by subsection (a), the Secretary shall 

8 submit to Congress a report on such review. 

9 (2) CONTENTS.—The report required by para10 graph (1) shall include the following: 

11 (A) The extent of utilization as described 

12 in paragraph (1) of subsection (a). 

13 (B) An assessment of the availability of 

14 programs as described in paragraph (2) of such 

15 subsection. 

16 (C) A description of any barriers the Sec17 retary has identified to greater utilization of 

18 educational assistance for pursuit of a program 

19 of training on the job or availability of such 

20 programs. 

21 (D) Such recommendations for legislative 

22 or administrative action as the Secretary may 

23 have to increase or decrease such utilization or 

24 availability. 


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1 (E) Such other matters as the Secretary 

2 considers appropriate. 

3 SEC. 305. REPORT ON DEBT MANAGEMENT AND COLLEC4 TION. 

5 (a) REPORT.—Not later than one year after the effec6 tive date specified in subsection (c), the Comptroller Gen7 eral of the United States shall submit to the Committee 

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

9 Veterans’ Affairs of the House of Representatives a report 

10 on processes used by the Department of Veterans Affairs 

11 to identify and resolve cases of incorrect payments associ12 ated with educational assistance under chapters 30 and 

13 33 of title 38, United States Code. 

14 (b) ISSUES ADDRESSED.—The report required by 

15 subsection (a) shall, to the extent possible, address the fol16 lowing: 

17 (1) The effectiveness of the processes referred 

18 to in subsection (a) in identifying and resolving in19 correct payments associated with educational assist20 ance under chapters 30 and 33 of title 38, United 

21 States Code. 

22 (2) The accuracy of overpayment information 

23 provided to veterans by the Education Service and 

24 Debt Management Center of the Department. 


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1 (3) How well the Debt Management Center of 

2 the Department communicates and works with vet3 erans to resolve disputed debt amounts. 

4 (4) How the payment and debt collection proc5 esses of the Department compare to comparable pro6 grams in other Federal agencies. 

7 (5) Any recommendations to improve the pay8 ment and debt collection processes of the Depart9 ment that the Comptroller General considers appro10 priate. 

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

12 on the date that is one year after the date of the enact13 ment of this Act. 

14 SEC. 306. RESTORATION OF PRIOR REPORTING FEE MULTI15 PLIERS. 

16 Section 3684(c) is amended— 

17 (1) by striking ‘‘$12’’ and inserting ‘‘$7’’; and 

18 (2) by striking ‘‘$15’’ and inserting ‘‘$11’’. 


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1 TITLE IV—EMPLOYMENT AND 

2 RELATED MATTERS 

3 Subtitle A—Training and Other 

4 Services for Veterans Seeking 

5 Employment 

6 SEC. 401. EXTENSION OF AUTHORITY OF SECRETARY OF 

7 VETERANS AFFAIRS TO PROVIDE REHABILI8 TATION AND VOCATIONAL BENEFITS TO 

9 MEMBERS OF ARMED FORCES WITH SEVERE 

10 INJURIES OR ILLNESSES. 

11 (a) IN GENERAL.—Section 1631(b)(2) of the Wound12 ed Warrior Act (title XVI of Public Law 110–181; 10 

13 U.S.C. 1071 note) is amended by striking ‘‘December 31, 

14 2014’’ and inserting ‘‘December 31, 2016’’. 

15 (b) REPORT.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Sec18 retary of Veterans Affairs shall submit to the appro19 priate committees of Congress a report on the bene20 fits provided by the Secretary under section 1631(b) 

21 of such Act. 

22 (2) APPROPRIATE COMMITTEES OF CON23 GRESS.—In this subsection, the term ‘‘appropriate 

24 committees of Congress’’ means— 


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1 (A) the Committee on Armed Services and 

2 the Committee on Veterans’ Affairs of the Sen3 ate; and 

4 (B) the Committee on Armed Services and 

5 the Committee on Veterans’ Affairs of the 

6 House of Representatives. 

7 Subtitle B—Employment of Vet8 erans and Recognition of Vet9 eran Status With Respect to Em10 ployment Related Matters 

11 SEC. 411. EMPLOYMENT OF VETERANS WITH THE FEDERAL 

12 GOVERNMENT. 

13 (a) IN GENERAL.—Section 4214 is amended— 

14 (1) in subsection (b), by adding at the end the 

15 following: 

16 ‘‘(4)(A) The requirement under this paragraph is in 

17 addition to the appointment of qualified covered veterans 

18 under the authority specified in subparagraph (C) by the 

19 Department of Veterans Affairs and the Department of 

20 Defense. 

21 ‘‘(B) The head of each agency, in consultation with 

22 the Director of the Office of Personnel Management, shall 

23 develop a plan for exercising the authority specified in sub24 paragraph (C) during the five-year period beginning on 


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1 the date of the enactment of the Restoring Veterans Trust 

2 Act of 2014. 

3 ‘‘(C) The authority specified in this subparagraph is 

4 the authority as follows: 

5 ‘‘(i) The authority under paragraph (1). 

6 ‘‘(ii) The authority available to the agency con7 cerned under the Veterans Employment Opportuni8 ties Act of 1998 (Public Law 105–339) and the 

9 amendments made by that Act. 

10 ‘‘(D) The Director of the Office of Personnel Man11 agement shall ensure that under the plans developed 

12 under subparagraph (B) agencies shall appoint to existing 

13 vacancies not fewer than 15,000 qualified covered veterans 

14 during the five-year period beginning on the date of the 

15 enactment of the Restoring Veterans Trust Act of 2014. 

16 For purposes of complying with this subparagraph, an ap17 pointment pursuant to the authority referred to in sub18 paragraph (C)(ii) shall not count toward the number re19 quired by this subparagraph unless the appointment is to 

20 a vacancy in a full-time, permanent position.’’; 

21 (2) in subsection (d), in the third sentence, by 

22 inserting ‘‘(including, during the 5-year period be23 ginning on the date of the enactment of the Restor24 ing Veterans Trust Act of 2014, the development 

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1 quired under subsection (b)(4), which shall include 

2 information regarding the grade or pay level of ap3 pointments by the agency under the plan and wheth4 er the appointments are, or are converted to, career 

5 or career-conditional appointments)’’ after ‘‘sub6 section (b) of this section’’; and 

7 (3) in subsection (e)— 

8 (A) in paragraph (1)— 

9 (i) in the matter before subparagraph 

10 (A), by striking ‘‘to the Congress’’ and in11 serting ‘‘to the appropriate committees of 

12 Congress’’; and 

13 (ii) in subparagraph (A), by inserting 

14 ‘‘(including, during the 5-year period be15 ginning on the date of the enactment of 

16 the Restoring Veterans Trust Act of 2014, 

17 the development and implementation by 

18 the agency of the plan required under sub19 section (b)(4), which shall include informa20 tion regarding the grade or pay level of ap21 pointments by the agency under the plan 

22 and whether the appointments are, or are 

23 converted to, permanent appointments)’’ 

24 before the period; and 


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

2 paragraph: 

3 ‘‘(3) In this subsection, the term ‘appropriate com4 mittees of Congress’ means— 

5 ‘‘(A) the Committee on Veterans’ Affairs and 

6 the Committee on Homeland Security and Govern7 mental Affairs of the Senate; and 

8 ‘‘(B) the Committee on Veterans’ Affairs and 

9 the Committee on Oversight and Government Re10 form of the House of Representatives.’’. 

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

12 of enactment of this Act, the Director of the Office of Per13 sonnel Management shall submit to the appropriate com14 mittees of Congress (as defined under section 4214(e)(3) 

15 of title 38, United States Code, as amended by subsection 

16 (a)) regarding the development of a plan to carry out the 

17 amendments made by subsection (a). 

18 SEC. 412. STATE RECOGNITION OF MILITARY EXPERIENCE 

19 OF VETERANS IN ISSUING LICENSES AND 

20 CREDENTIALS TO VETERANS. 

21 (a) IN GENERAL.—Section 4102A(c) is amended by 

22 striking paragraph (9) and inserting the following new 

23 paragraph (9): 

24 ‘‘(9)(A) As a condition of a grant or contract under 

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1 section (b)(5) in order to carry out section 4103A or 4104 

2 of this title, the State shall— 

3 ‘‘(i) establish a program under which the State 

4 administers an examination to each veteran seeking 

5 a license or credential issued by the State and issues 

6 such license or credential to such veteran without re7 quiring such veteran to undergo any training or ap8 prenticeship if the veteran— 

9 ‘‘(I) receives a satisfactory score on com10 pletion of such examination, as determined by 

11 the State; 

12 ‘‘(II) has been awarded a military occupa13 tional specialty that is substantially equivalent 

14 to or exceeds the requirements of the State for 

15 the issuance of such license or credential; 

16 ‘‘(III) has engaged in the active practice of 

17 the occupation for which the veteran is seeking 

18 such license or credential for at least two of the 

19 five years preceding the date of application; and 

20 ‘‘(IV) pays any customary or usual fees re21 quired by the State for such license or creden22 tial; and 

23 ‘‘(ii) submit each year to the Secretary a report 

24 on the examinations administered under clause (i) 

25 during the most recently completed 12-month period 


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1 that includes, for the period covered by the report 

2 the number of veterans who completed an examina3 tion administered by the State under clause (i) and 

4 a description of the results of such examinations, 

5 disaggregated by occupational field. 

6 ‘‘(B) The Secretary may waive the requirement under 

7 subparagraph (A) that a State establish a program de8 scribed in that subparagraph as a condition of a grant 

9 or contract if the State certifies to the Secretary that the 

10 State— 

11 ‘‘(i) takes into account previous military train12 ing for the purposes of issuing licenses or creden13 tials; and 

14 ‘‘(ii) for any credential or license for which a 

15 veteran is unable to completely satisfy a training or 

16 testing requirement through examination, the State 

17 substantially reduces training time required to sat18 isfy such requirement based on the military training 

19 received by the veteran or establishes procedures for 

20 granting credit for prior learning related to prior 

21 military service or training. 

22 ‘‘(C) Not less frequently than once each year, the 

23 Secretary shall submit to Congress and the Secretary of 

24 Defense a report summarizing the information received by 

25 the Secretary under subparagraph (A)(ii).’’. 


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1 (b) TECHNICAL ASSISTANCE.— 

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

3 consultation with the Secretary of Defense and such 

4 other heads of Federal agencies as the Secretary of 

5 Labor considers appropriate, may provide technical 

6 assistance to a State to assist the State in meeting 

7 the requirements of section 4102A(c)(9) of title 38, 

8 United States Code, as amended by subsection (a). 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to the Sec11 retary of Labor to carry out paragraph (1) 

12 $1,000,000 for fiscal year 2015. 

13 (c) EFFECTIVE DATE.— 

14 (1) EXAMINATIONS.—Subparagraph (A) of sec15 tion 4102A(c)(9) of title 38, United States Code, as 

16 added by subsection (a), shall take effect on the date 

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

18 this Act and shall apply with respect to grants and 

19 contracts described in such subparagraph awarded 

20 after such date. 

21 (2) REPORTS.—Subparagraph (B) of such sec22 tion 4102A(c)(9), as so added, shall take effect on 

23 the date that is one year after the date of the enact24 ment of this Act and the Secretary of Labor shall 

25 submit the first report under such subparagraph not 


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1 later than 900 days after the date of the enactment 

2 of this Act. 

3 SEC. 413. REPORT ON DISCRIMINATION AGAINST MEMBERS 

4 OF RESERVE COMPONENTS OF ARMED 

5 FORCES AND VETERANS IN CIVILIAN LABOR 

6 MARKET. 

7 (a) IN GENERAL.—Not later than 570 days after the 

8 date of the enactment of this act, the Secretary of Labor, 

9 in coordination with the heads of such agencies as the Sec10 retary considers appropriate, shall submit to the appro11 priate committees of Congress a report on barriers and 

12 potential discrimination facing veterans in the labor mar13 ket. 

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

15 (a) shall include the following: 

16 (1) An evaluation of the following: 

17 (A) The extent to which members of the 

18 reserve components of the Armed Forces and 

19 veterans face barriers to entry into the civilian 

20 labor market, including whether such members 

21 and veterans face obstacles in obtaining employ22 ment, maintaining employment, or receiving 

23 promotions while employed. 

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1 eran faces discrimination in the civilian labor 

2 market based on the member’s or veteran’s sta3 tus as a member of a reserve component of the 

4 Armed Forces or as a veteran, as the case may 

5 be. 

6 (C) The adequacy and effectiveness of 

7 Federal laws in effect on the day before the 

8 date of the enactment of this Act in preventing 

9 or ameliorating acts of discrimination against 

10 members of the reserve components of the 

11 Armed Forces and veterans seeking or retaining 

12 employment in the civilian labor market. 

13 (D) The adequacy and effectiveness of pro14 grams of the Department of Labor in effect on 

15 the day before the date of the enactment of this 

16 Act in educating private sector employers on 

17 matters relevant to hiring and employing vet18 erans and the military experience of veterans. 

19 (2) Such recommendations as the Secretary 

20 may have for legislative or administrative action— 

21 (A) to address barriers or discrimination 

22 that members of the reserve components of the 

23 Armed Forces and veterans may face in the ci24 vilian labor market; 


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1 (B) to improve education and outreach for 

2 employers in the civilian labor market on issues 

3 regarding hiring and employing such members 

4 and veterans; and 

5 (C) to assist employers in the civilian labor 

6 market in matching the military experience of 

7 such members and veterans with the needs of 

8 such employers. 

9 (3) Such other matters as the Secretary con10 siders appropriate. 

11 (c) APPROPRIATE COMMITTEES OF CONGRESS.—In 

12 this section, the term ‘‘appropriate committees of Con13 gress’’ means— 

14 (1) the Committee on Veterans’ Affairs and the 

15 Committee on Health, Education, Labor, and Pen16 sions of the Senate; and 

17 (2) the Committee on Veterans’ Affairs and the 

18 Committee on Education and the Workforce of the 

19 House of Representatives. 

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

21 on the date that is one year after the date of the enact22 ment of this Act. 


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1 Subtitle C—Improving Employ2 ment and Reemployment Rights 

3 of Members of the Uniformed 

4 Services 

5 SEC. 421. SUSPENSION, TERMINATION, OR DEBARMENT OF 

6 CONTRACTORS FOR REPEATED VIOLATIONS 

7 OF EMPLOYMENT OR REEMPLOYMENT 

8 RIGHTS OF MEMBERS OF UNIFORMED SERV9 ICES. 

10 (a) IN GENERAL.—Subchapter III of chapter 43 is 

11 amended by adding at the end the following new section: 

12 ‘‘§ 4328. Suspension, termination, or debarment of 

13 contractors 

14 ‘‘(a) GROUNDS FOR SUSPENSION, TERMINATION, OR

15 DEBARMENT.—Payment under a contract awarded by a 

16 Federal executive agency may be suspended and the con17 tract may be terminated, and the contractor who made 

18 the contract with the agency may be suspended or 

19 debarred in accordance with the requirements of this sec20 tion, if the head of the agency determines that the con21 tractor as an employer has repeatedly been convicted of 

22 failing or refusing to comply with one or more provisions 

23 of this chapter. 

24 ‘‘(b) EFFECT OF DEBARMENT.—A contractor 

25 debarred by a final decision under this section is ineligible 


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1 for award of a contract by a Federal executive agency, 

2 and for participation in a future procurement by a Federal 

3 executive agency, for a period specified in the decision, not 

4 to exceed 5 years.’’. 

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

6 at the beginning of chapter 43 is amended by inserting 

7 after the item relating to section 4327 the following new 

8 item: 

‘‘4328. Suspension, termination, or debarment of contractor.’’. 

9 (c) REGULATIONS.—Not later than 180 days after 

10 the date of the enactment of this Act, the Federal Acquisi11 tion Regulatory Council shall amend the Federal Acquisi12 tion Regulation to carry out section 4328 of title 38, 

13 United States Code, as added by subsection (a). 

14 (d) EFFECTIVE DATE.—Section 4328 of title 38, 

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

16 apply with respect to failures and refusals to comply with 

17 provisions of chapter 43 of title 38, United States Code, 

18 occurring on or after the date of the enactment of this 

19 Act. 

20 (e) ANNUAL REPORT.—Section 4332(a) is amend21 ed— 

22 (1) by redesignating paragraph (10) as para23 graph (11); and 

24 (2) by inserting after paragraph (9) the fol25 lowing new paragraph (10): 


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1 ‘‘(10) The number of suspensions, terminations, 

2 and debarments under section 4328 of this title, 

3 disaggregated by the agency or department imposing 

4 the suspension or debarment.’’. 

5 Subtitle D—Small Business Matters 

6 SEC. 431. EXPANSION OF CONTRACTING GOALS AND PREF7 ERENCES OF DEPARTMENT OF VETERANS AF8 FAIRS TO INCLUDE CONDITIONALLY OWNED 

9 SMALL BUSINESS CONCERNS 100 PERCENT 

10 OWNED BY VETERANS. 

11 Section 8127(l) is amended— 

12 (1) in paragraph (2), by inserting ‘‘uncondition13 ally’’ before ‘‘owned by’’ each place it appears; and 

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

15 paragraph: 

16 ‘‘(3) The term ‘unconditionally owned’ includes, 

17 with respect to ownership of a small business con18 cern, conditional ownership of such small business 

19 concern if such business concern is 100 percent 

20 owned by one or more veterans.’’. 


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1 SEC. 432. MODIFICATION OF TREATMENT UNDER CON2 TRACTING GOALS AND PREFERENCES OF DE3 PARTMENT OF VETERANS AFFAIRS FOR 

4 SMALL BUSINESSES OWNED BY VETERANS OF 

5 SMALL BUSINESSES AFTER DEATH OF DIS6 ABLED VETERAN OWNERS. 

7 (a) IN GENERAL.—Section 8127(h) is amended— 

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

9 and all that follows through ‘‘disability.’’ and insert10 ing a period; and 

11 (2) in paragraph (2), by amending subpara12 graph (C) to read as follows: 

13 ‘‘(C) The date that— 

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

15 veteran with a service-connected disability rated 

16 as 100 percent disabling or who dies as a result 

17 of a service-connected disability, is 10 years 

18 after the date of the veteran’s death; or 

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

20 veteran with a service-connected disability rated 

21 as less than 100 percent disabling who does not 

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

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

24 death.’’. 

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

26 subsection (a) shall take effect on the date that is 180 


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1 days after the date of the enactment of this Act and shall 

2 apply with respect to applications received pursuant to 

3 section 8127(f)(2) of title 38, United States Code, that 

4 are verified on or after such date. 

5 SEC. 433. TREATMENT OF BUSINESSES AFTER DEATHS OF 

6 SERVICEMEMBER-OWNERS FOR PURPOSES 

7 OF DEPARTMENT OF VETERANS AFFAIRS 

8 CONTRACTING GOALS AND PREFERENCES. 

9 (a) IN GENERAL.—Section 8127 is amended— 

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

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

12 (2) by inserting after subsection (h) the fol13 lowing new subsection (i): 

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

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

16 Forces owns at least 51 percent of a small business con17 cern and such member is killed in line of duty in the active 

18 military, naval, or air service, the surviving spouse or de19 pendent child of such member who acquires such owner20 ship rights in such small business concern shall, for the 

21 period described in paragraph (2), be treated as if the sur22 viving spouse or dependent child were a veteran with a 

23 service-connected disability for purposes of determining 

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1 poses of contracting goals and preferences under this sec2 tion. 

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

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

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

6 ‘‘(A) In the case of a surviving spouse, the ear7 liest of the following dates: 

8 ‘‘(i) The date on which the surviving 

9 spouse remarries. 

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

11 spouse relinquishes an ownership interest in the 

12 small business concern and no longer owns at 

13 least 51 percent of such small business concern. 

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

15 date of the member’s death. 

16 ‘‘(B) In the case of a dependent child, the ear17 liest of the following dates: 

18 ‘‘(i) The date on which the surviving de19 pendent child relinquishes an ownership interest 

20 in the small business concern and no longer 

21 owns at least 51 percent of such small business 

22 concern. 

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

24 date of the member’s death.’’. 


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1 (b) EFFECTIVE DATE.—Subsection (i) of section 

2 8127 of title 38, United States Code, as added by sub3 section (a), shall take effect on the date of the enactment 

4 of this Act and shall apply with respect to the deaths of 

5 members of the Armed Forces occurring on or after such 

6 date. 

7 SEC. 434. SPECIAL RULE FOR TREATMENT UNDER CON8 TRACTING GOALS AND PREFERENCES OF DE9 PARTMENT OF VETERANS AFFAIRS OF SMALL 

10 BUSINESS CONCERNS LICENSED IN COMMU11 NITY PROPERTY STATES. 

12 Section 8127, as amended by section 433 of this Act, 

13 is further amended by adding at the end the following new 

14 subsection: 

15 ‘‘(n) SPECIAL RULE FOR COMMUNITY PROPERTY

16 STATES.—Whenever the Secretary assesses, for purposes 

17 of this section, the degree of ownership by an individual 

18 of a small business concern licensed in a community prop19 erty State, the Secretary shall also assess what that degree 

20 of ownership would be if such small business concern had 

21 been licensed in a State other than a community property 

22 State. If the Secretary determines that such individual 

23 would have had a greater degree of ownership of the small 

24 business concern had such small business concern been li25 censed in a State other than a community property State, 


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1 the Secretary shall treat, for purposes of this section, such 

2 small business concern as if it had been licensed in a State 

3 other than a community property State.’’. 

4 SEC. 435. REPORT ON ASSISTANCE FOR VETERANS IN OB5 TAINING TRAINING ON PURCHASING AND OP6 ERATING A FRANCHISE. 

7 (a) REPORT REQUIRED.—Not later than one year 

8 after the effective date specified in subsection (c), the Sec9 retary of Labor shall, in consultation with the Secretary 

10 of Veterans Affairs, the Administrator of the Small Busi11 ness Administration, and other appropriate entities, sub12 mit to Congress a report on the assistance available to 

13 veterans to obtain training necessary to purchase and op14 erate a franchise. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following: 

17 (1) A description of the assistance available for 

18 veterans through the Department of Labor, the De19 partment of Veterans Affairs, the Small Business 

20 Administration, or any other agency of the Federal 

21 Government in order to obtain training necessary to 

22 purchase or operate a franchise. 

23 (2) Information on the number of veterans who 

24 have sought and obtained the training described in 


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1 paragraph (1) during the five calendar years pre2 ceding the report. 

3 (3) A description of any barriers encountered 

4 by veterans in obtaining the training described in 

5 paragraph (1). 

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

7 on the date that is one year after the date of the enact8 ment of this Act. 

9 TITLE V—ACCOUNTABILITY AND 

10 ADMINISTRATIVE IMPROVE11 MENTS 

12 SEC. 501. ADMINISTRATION OF VETERANS INTEGRATED 

13 SERVICE NETWORKS. 

14 (a) VETERANS INTEGRATED SERVICE NETWORKS.— 

15 (1) IN GENERAL.—Subchapter I of chapter 73 

16 is amended by adding at the end the following new 

17 section: 

18 ‘‘§ 7310. Veterans Integrated Service Networks 

19 ‘‘(a) ORGANIZATION.—(1) The Secretary shall orga20 nize the Veterans Health Administration in geographically 

21 defined Veterans Integrated Service Networks. 

22 ‘‘(2) Each Veterans Integrated Service Network shall 

23 be organized in consideration of the following: 

24 ‘‘(A) The size of the veteran population of the 

25 region of the network. 


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1 ‘‘(B) The complexity of the medical needs of 

2 the veterans in such region. 

3 ‘‘(C) Patient referral patterns. 

4 ‘‘(D) The availability of a full continuum of 

5 health care services. 

6 ‘‘(E) The ability of the Department to furnish 

7 health care efficiently. 

8 ‘‘(F) Partnerships with non-Department health 

9 care entities. 

10 ‘‘(b) STAFFING MODEL.—(1) The Secretary shall es11 tablish a staffing model for each Veterans Integrated 

12 Service Network that— 

13 ‘‘(A) is appropriate for the mission and respon14 sibilities of the Veterans Integrated Service Net15 work; and 

16 ‘‘(B) accounts for the specific health care needs 

17 of differing populations in the Veterans Integrated 

18 Service Network. 

19 ‘‘(2) The Secretary shall ensure that each Veterans 

20 Integrated Service Network complies with the staffing 

21 model established by the Secretary under paragraph (1) 

22 for such Veterans Integrated Service Network. 

23 ‘‘(c) INTEGRATED HEALTH CARE SYSTEM.—The 

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1 ice Network maintains a regional integrated healthcare 

2 system by— 

3 ‘‘(1) implementing alliances with such other 

4 governmental, public, and private health care organi5 zations and practitioners as the Secretary considers 

6 appropriate to meet the needs of veterans in the 

7 Network; 

8 ‘‘(2) providing oversight and management of, 

9 and taking responsibility for, a regional budget for 

10 the activities of the Veterans Health Administration 

11 in the geographic area of the Network that is— 

12 ‘‘(A) aligned with the budget guidelines of 

13 the Department and the Veterans Health Ad14 ministration; 

15 ‘‘(B) balanced at the end of each fiscal 

16 year; and 

17 ‘‘(C) sufficient to provide high-quality 

18 health care to veterans within the region and to 

19 meet any unique needs of the veterans of the 

20 region; 

21 ‘‘(3) using national metrics to develop systems 

22 to provide effective, efficient, and safe delivery of 

23 health care; and 

24 ‘‘(4) ensuring high-quality clinical programs 

25 and services are rendered in and through— 


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1 ‘‘(A) the medical centers and outpatient 

2 clinics of the Department that are located in 

3 the Network; and 

4 ‘‘(B) other non-Department clinical or 

5 health care delivery settings located in the Net6 work. 

7 ‘‘(d) REDUCTION IN DUPLICATE FUNCTIONS.—The 

8 Secretary shall ensure that the Veterans Integrated Serv9 ice Networks identify and reduce, whenever practicable, 

10 the duplication of functions in clinical, administrative, and 

11 operational processes and practices of the Veterans Health 

12 Administration. 

13 ‘‘(e) COLLABORATION AND COOPERATION.—The Sec14 retary shall ensure that each Veterans Integrated Service 

15 Network— 

16 ‘‘(1) works to achieve maximum effectiveness in 

17 patient care and safety, graduate medical education, 

18 and research; and 

19 ‘‘(2) assesses the consolidation or realignment 

20 of institutional functions, including capital asset, 

21 safety, and operational support functions, in collabo22 ration and cooperation with other Veterans Inte23 grated Service Networks and the following offices or 

24 entities within the geographical area of the Network: 


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1 ‘‘(A) The offices of the Veterans Benefits 

2 Administration and the National Cemetery Ad3 ministration. 

4 ‘‘(B) The offices, installations, and facili5 ties of the Department of Defense, including 

6 the offices, installations, and facilities of each 

7 branch of the Armed Forces and the reserve 

8 components of the Armed Forces. 

9 ‘‘(C) The offices, installations, and facili10 ties of the Coast Guard. 

11 ‘‘(D) Offices of State and local agencies 

12 that have a mission to provide assistance to vet13 erans. 

14 ‘‘(E) Medical schools and other affiliates. 

15 ‘‘(F) Offices of Congress, offices of State 

16 and local elected officials, and other government 

17 offices. 

18 ‘‘(G) Federal, State, and local emergency 

19 preparedness organizations. 

20 ‘‘(H) Community and nonprofit organiza21 tions. 

22 ‘‘(I) Such other entities of the Federal 

23 Government as the Secretary considers appro24 priate. 


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1 ‘‘(f) HEADQUARTERS.—(1) The Secretary shall en2 sure that each Veterans Integrated Service Network has 

3 only one headquarters office. 

4 ‘‘(2) The location of a headquarters office for a Vet5 erans Integrated Service Network shall be determined by 

6 the Secretary and co-located with a Department of Vet7 erans Affairs medical center. 

8 ‘‘(3)(A) The Secretary may employ or contract for 

9 the services of such full time equivalent employees and 

10 contractors at the headquarters of each Veterans Inte11 grated Service Network as the Secretary considers appro12 priate in accordance with the staffing models established 

13 under subsection (b). 

14 ‘‘(B) Not later than December 31 each year, the Sec15 retary shall submit to the Committee on Veterans’ Affairs 

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

17 the House of Representatives a report on employment at 

18 the headquarters of Veterans Integrated Service Networks 

19 during the most recently completed fiscal year. 

20 ‘‘(C) Each report submitted under subparagraph (B) 

21 shall include the following for the year covered by the re22 port: 

23 ‘‘(i) The number of individuals employed at 

24 each headquarters of a Veterans Integrated Service 

25 Network. 


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1 ‘‘(ii) The number of individuals employed by the 

2 Veterans Health Administration in each Veterans 

3 Integrated Service Network who are not employed at 

4 the same location as the headquarters of the Net5 work. 

6 ‘‘(iii) The title for each position of employment 

7 at a headquarters of a Veterans Integrated Service 

8 Network. 

9 ‘‘(iv) The title for each position of employment 

10 with the Veterans Health Administration in each 

11 Veterans Integrated Service Network that is not at 

12 the same location as the headquarters of the Net13 work. 

14 ‘‘(v) An assessment of the impact on the budget 

15 of the Department by the employment of individuals 

16 at the headquarters of the Veterans Integrated Serv17 ice Networks. 

18 ‘‘(g) TRIENNIAL STRUCTURE REVIEW, REASSESS19 MENT, AND REPORT.—(1) Beginning three years after the 

20 date of the enactment of this section and not less fre21 quently than once every three years thereafter, the Sec22 retary shall conduct a review and assessment of the struc23 ture and operations of the Veterans Integrated Service 

24 Networks in order to identify recommendations— 


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1 ‘‘(A) for streamlining and reducing costs associ2 ated with the operation of each headquarters of a 

3 Veterans Integrated Service Network; and 

4 ‘‘(B) for reducing costs of health care within 

5 the Veterans Health Administration. 

6 ‘‘(2) Not later than 180 days after conducting a re7 view and assessment under paragraph (1), the Secretary 

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

9 Senate and the Committee on Veterans’ Affairs of the 

10 House of Representatives a report on such review and as11 sessment, which shall include such recommendations for 

12 legislative or administrative action as the Secretary con13 siders appropriate to improve the Veterans Integrated 

14 Service Networks.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 73 is amended by 

17 inserting after the item relating to section 7309 the 

18 following new item: 

‘‘7310. Veterans Integrated Service Networks.’’. 

19 (b) RELOCATION OF HEADQUARTERS.— 

20 (1) IN GENERAL.—In the case of a head21 quarters office of a Veterans Integrated Service Net22 work that on the day before the date of the enact23 ment of this Act was in a location that was not co24 located with a Department of Veterans Affairs medVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 ical center and the Secretary is engaged in a lease 

2 for such location, the Secretary may— 

3 (A) relocate such headquarters upon the 

4 expiration of such lease so that such head5 quarters is co-located as required by section 

6 7310(f)(2) of title 38, United States Code (as 

7 added by subsection (a)(1)); or 

8 (B) notwithstanding such section 

9 7310(f)(2) (as so added), renew such lease or 

10 enter into a new lease to keep such head11 quarters in such location. 

12 (2) REPORT.—If the Secretary renews a lease 

13 or engages in a new lease under paragraph (1)(B), 

14 the Secretary shall submit to the Committee on Vet15 erans’ Affairs of the Senate and the Committee on 

16 Veterans’ Affairs of the House of Representatives, 

17 before renewing such lease or engaging in such 

18 lease, a report describing the reasons for such re19 newal or engagement. Such report shall include the 

20 following: 

21 (A) A list of Department of Veterans Af22 fairs medical centers in the Veterans Integrated 

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1 ings, and the total underutilized square footage 

2 for each such medical center. 

3 (B) The cost of the current lease (the an4 nual amount of rent, the total cost over the life 

5 of the lease, and the total cost per square foot) 

6 and the current square footage being leased. 

7 (C) The cost of the new lease (the annual 

8 amount of rent, the total cost over the life of 

9 the lease, and the total cost per square foot) 

10 and the square footage to be leased. 

11 (c) CONSTRUCTION.—Nothing in this section shall be 

12 construed to require any change in the location or type 

13 of medical care or service provided by a Department of 

14 Veterans Affairs medical center, a Department community 

15 based outpatient clinic, a center for readjustment coun16 seling and related mental health services for veterans 

17 under section 1712A of title 38, United States Code 

18 (known as a ‘‘vet center’’), or other facility that provides 

19 direct care or services under a law administered by the 

20 Secretary of Veterans Affairs. 

21 (d) EFFECTIVE DATE.—This section, and the amend22 ments made by this section, shall take effect on the date 

23 that is one year after the date of the enactment of this 

24 Act. 


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1 SEC. 502. REGIONAL SUPPORT CENTERS FOR VETERANS IN2 TEGRATED SERVICE NETWORKS. 

3 (a) IN GENERAL.—Subchapter I of chapter 73, as 

4 amended by section 501(a)(1) of this Act, is further 

5 amended by adding at the end the following new section: 

6 ‘‘§ 7310A. Regional support centers for Veterans Inte7 grated Service Networks 

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab9 lish not more than four regional support centers within 

10 the Veterans Health Administration to assess the effec11 tiveness and efficiency of the Veterans Integrated Service 

12 Networks. The head of each regional support center shall 

13 report to the Under Secretary of Health. 

14 ‘‘(b) FUNCTIONS.—The functions of the regional sup15 port centers established under subsection (a) are as fol16 lows: 

17 ‘‘(1) To assess the quality of work performed 

18 within finance operations and other compliance re19 lated activities of the Veterans Integrated Service 

20 Networks. 

21 ‘‘(2) To assess how effectively and efficiently 

22 each Veterans Integrated Service Network conducts 

23 outreach to veterans who served in Operation En24 during Freedom, Operation Iraqi Freedom, Oper25 ation New Dawn, or any other contingency operation 

26 (as that term is defined in section 101 of title 10). 


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1 ‘‘(3) To assess how effectively and efficiently 

2 each Veterans Integrated Service Network conducts 

3 programs for the benefit of women veterans. 

4 ‘‘(4) To assess how effectively and efficiently 

5 each Veterans Integrated Service Network conducts 

6 programs that address homelessness among vet7 erans. 

8 ‘‘(5) To assess how effectively and efficiently 

9 each Veterans Integrated Service Network consumes 

10 energy. 

11 ‘‘(6) To assess such other matters concerning 

12 the operations and activities of the Veterans Inte13 grated Service Networks as the Secretary considers 

14 appropriate. 

15 ‘‘(c) STAFF.—The Secretary may hire such employ16 ees and contractors as the Secretary considers appropriate 

17 to carry out the functions of the regional support centers. 

18 ‘‘(d) LOCATION OF REGIONAL SUPPORT CENTERS.— 

19 (1) Except as provided in paragraph (2), the location of 

20 each regional support center established under subsection 

21 (a) shall be determined by the Secretary and co-located 

22 with a medical center of the Department. 

23 ‘‘(2) The Secretary may choose a location for a re24 gional support center established under subsection (a) that 

25 is not co-located with a medical center of the Department 


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1 if the Secretary submits to the Committee on Veterans’ 

2 Affairs of the Senate and the Committee on Veterans’ Af3 fairs of the House of Representatives, before entering into 

4 a contract for a location that is not co-located with a med5 ical center, a report describing the reasons for choosing 

6 a location for the regional support center that is not co7 located with a medical center of the Department. Such re8 port shall include the following: 

9 ‘‘(A) A list of medical centers of the Depart10 ment in the Veterans Integrated Service Network of 

11 the regional support center with underutilized build12 ings, the number of all Veterans Health Administra13 tion buildings in such Network, and the total under14 utilized square footage for each medical center of the 

15 Department in such Network. 

16 ‘‘(B) The estimated cost of such lease (the an17 nual amount of rent, the total cost over the life of 

18 the lease, and the total cost per square foot) and the 

19 square footage to be leased.’’. 

20 (b) INITIAL STAFFING.—In providing for the initial 

21 staff of each regional support center established under sec22 tion 7310A(a) of title 38, United States Code, as added 

23 by subsection (a), the Secretary of Veterans Affairs shall, 

24 to the degree practicable, transfer employees from head25 quarters of Veterans Integrated Service Networks to reVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 gional support centers who were employed in positions at 

2 such headquarters that covered functions similar to those 

3 described in section 7310A(b) of such title, as so added. 

4 (c) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of chapter 73, as amended by section 

6 501(a)(2) of this Act, is further amended by inserting 

7 after the item relating to section 7310 the following new 

8 item: 

‘‘7310A. Regional support centers for Veterans Integrated Service Networks.’’. 

9 (d) CONSTRUCTION.—Nothing in this section shall be 

10 construed to require any change in the location or type 

11 of medical care or service provided by a Department of 

12 Veterans Affairs medical center, a Department community 

13 based outpatient clinic, a center for readjustment coun14 seling and related mental health services for veterans 

15 under section 1712A of title 38, United States Code 

16 (known as a ‘‘vet center’’), or other facility that provides 

17 direct care or services under a law administered by the 

18 Secretary of Veterans Affairs. 

19 (e) EFFECTIVE DATE.—This section, and the amend20 ments made by this section, shall take effect on the date 

21 that is one year after the date of the enactment of this 

22 Act. 


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1 SEC. 503. COMMISSION ON CAPITAL PLANNING FOR DE2 PARTMENT OF VETERANS AFFAIRS MEDICAL 

3 FACILITIES. 

4 (a) ESTABLISHMENT OF COMMISSION.— 

5 (1) ESTABLISHMENT.—There is established the 

6 Commission on Capital Planning for Department of 

7 Veterans Affairs Medical Facilities (in this section 

8 referred to as the ‘‘Commission’’). 

9 (2) MEMBERSHIP.— 

10 (A) VOTING MEMBERS.—The Commission 

11 shall, subject to subparagraph (B), be composed 

12 of 10 voting members as follows: 

13 (i) 1 shall be appointed by the Presi14 dent. 

15 (ii) 1 shall be appointed by the Ad16 ministrator of General Services. 

17 (iii) 3 shall be appointed by the Sec18 retary of Veterans Affairs, of whom— 

19 (I) 1 shall be an employee of the 

20 Veterans Health Administration; 

21 (II) 1 shall be an employee of the 

22 Office of Asset Enterprise Manage23 ment of the Department of Veterans 

24 Affairs; and 

25 (III) 1 shall be an employee of 

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1 ties Management of the Department 

2 of Veterans Affairs. 

3 (iv) 1 shall be appointed by the Sec4 retary of Defense from among employees 

5 of the Army Corps of Engineers. 

6 (v) 1 shall be appointed by the major7 ity leader of the Senate. 

8 (vi) 1 shall be appointed by the minor9 ity leader of the Senate. 

10 (vii) 1 shall be appointed by the 

11 Speaker of the House of Representatives. 

12 (viii) 1 shall be appointed by the mi13 nority leader of the House of Representa14 tives. 

15 (B) REQUIREMENT RELATING TO CERTAIN

16 APPOINTMENTS OF VOTING MEMBERS.—Of the 

17 members appointed pursuant to clauses (i), (ii), 

18 and (iv) through (viii) of subparagraph (A), all 

19 shall have expertise in capital leasing, construc20 tion, or health facility management planning. 

21 (C) NON-VOTING MEMBERS.—The Com22 mission shall be assisted by 10 non-voting mem23 bers, appointed by the vote of a majority of 

24 members of the Commission under subpara25 graph (A), of whom— 


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1 (i) 6 shall be representatives of vet2 erans service organizations recognized by 

3 the Secretary of Veterans Affairs; and 

4 (ii) 4 shall be individuals from outside 

5 the Department of Veterans Affairs with 

6 experience and expertise in matters relat7 ing to management, construction, and leas8 ing of capital assets. 

9 (D) DATE OF APPOINTMENT OF VOTING

10 MEMBERS.—The appointments of the members 

11 of the Commission under subparagraph (A) 

12 shall be made not later than 60 days after the 

13 date of the enactment of this Act. 

14 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

15 Members shall be appointed for the life of the Com16 mission. Any vacancy in the Commission shall not 

17 affect its powers, but shall be filled in the same 

18 manner as the original appointment. 

19 (4) INITIAL MEETING.—Not later than 15 days 

20 after the date on which 7 members of the Commis21 sion have been appointed, the Commission shall hold 

22 its first meeting. 

23 (5) MEETINGS.—The Commission shall meet at 

24 the call of the Chair. 


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1 (6) QUORUM.—A majority of the members of 

2 the Commission shall constitute a quorum, but a 

3 lesser number of members may hold hearings. 

4 (7) CHAIR AND VICE CHAIR.—The Commission 

5 shall select a Chair and Vice Chair from among its 

6 members. 

7 (b) DUTIES OF COMMISSION.— 

8 (1) IN GENERAL.—The Commission shall un9 dertake a comprehensive evaluation and assessment 

10 of various options for capital planning for Depart11 ment of Veterans Affairs medical facilities, including 

12 an evaluation and assessment of the mechanisms by 

13 which the Department currently selects means for 

14 the delivery of health care, whether by major con15 struction, major medical facility leases, sharing 

16 agreements with the Department of Defense, the In17 dian Health Service, and Federally Qualified Health 

18 Clinics under section 330 of the Public Health Serv19 ice Act (42 U.S.C. 254b), contract care, multisite 

20 care, telemedicine, extended hours for care, or other 

21 means. 

22 (2) CONTEXT OF EVALUATION AND ASSESS23 MENT.—In undertaking the evaluation and assess24 ment, the Commission shall consider— 


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1 (A) the importance of access to health care 

2 through the Department, including associated 

3 guidelines of the Department on access to, and 

4 drive time for, health care; 

5 (B) limitations and requirements applica6 ble to the construction and leasing of medical 

7 facilities for the Department, including applica8 ble laws, regulations, and costs as determined 

9 by both the Congressional Budget Office and 

10 the Office of Management and Budget; 

11 (C) the nature of capital planning for De12 partment medical facilities in an era of fiscal 

13 uncertainty; 

14 (D) projected future fluctuations in the 

15 population of veterans; and 

16 (E) the extent to which the Department 

17 was able to meet the mandates of the Capital 

18 Asset Realignment for Enhanced Services Com19 mission. 

20 (3) PARTICULAR CONSIDERATIONS.—In under21 taking the evaluation and assessment, the Commis22 sion shall address, in particular, the following: 

23 (A) The Major Medical Facility Lease Pro24 gram of the Department, including an identiVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 fication of potential improvements to the lease 

2 authorization processes under that Program. 

3 (B) The management processes of the De4 partment for its Major Medical Facility Con5 struction Program, including processes relating 

6 to contract award and management, project 

7 management, and processing of change orders. 

8 (C) The overall capital planning program 

9 of the Department for medical facilities, includ10 ing an evaluation and assessment of— 

11 (i) the manner in which the Depart12 ment determines whether to use capital or 

13 non-capital means to expand access to 

14 health care; 

15 (ii) the manner in which the Depart16 ment determines the disposition of under17 utilized and un-utilized buildings on cam18 puses of Department medical centers, and 

19 any barriers to disposition; 

20 (iii) the effectiveness of the facility 

21 master planning initiative of the Depart22 ment; and 

23 (iv) the extent to which sustainable 

24 attributes are planned for to decrease operVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 ating costs for Department medical facili2 ties. 

3 (D) The current backlog of construction 

4 projects for Department medical facilities, in5 cluding an identification of the most effective 

6 means to quickly secure the most critical re7 pairs required, including repairs relating to fa8 cility condition deficiencies, structural safety, 

9 and compliance with the Americans With Dis10 abilities Act of 1990. 

11 (4) REPORTS.—Subject to paragraph (5), the 

12 Commission shall submit to the Secretary of Vet13 erans Affairs, and to the Committee Veterans’ Af14 fairs of the Senate and the Committee on Veterans’ 

15 Affairs of the House of Representatives, reports as 

16 follows: 

17 (A) Not later than six months after its ini18 tial meeting under subsection (a)(4), a report 

19 on the Major Medical Facility Lease Program 

20 and the Congressional lease authorization proc21 ess. 

22 (B) Not later than one year after its initial 

23 meeting, a report— 


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1 (i) on the management processes of 

2 the Department for the construction of De3 partment medical facilities; and 

4 (ii) setting forth an update of any 

5 matters covered in the report under sub6 paragraph (A). 

7 (C) Not later than 18 months after its ini8 tial meeting, a report— 

9 (i) on the overall capital planning pro10 gram of the Department for medical facili11 ties; and 

12 (ii) setting forth an update of any 

13 matters covered in earlier reports under 

14 this paragraph. 

15 (D) Not later than two years after its ini16 tial meeting, a report— 

17 (i) on the current backlog of construc18 tion projects for Department medical facili19 ties; 

20 (ii) setting forth an update of any 

21 matters covered in earlier reports under 

22 this paragraph; and 

23 (iii) including such other matters re24 lating to the duties of the Commission that 

25 the Commission considers appropriate. 


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1 (E) Not later than 27 months after its ini2 tial meeting, a report on the implementation by 

3 the Secretary of Veterans Affairs pursuant to 

4 subsection (g) of the recommendations included 

5 pursuant to paragraph (5) in the reports under 

6 this paragraph. 

7 (5) RECOMMENDATIONS.—Each report under 

8 paragraph (4) shall include, for the aspect of the 

9 capital asset planning process of the Department 

10 covered by such report, such recommendations as 

11 the Commission considers appropriate for the im12 provement and enhancement of such aspect of the 

13 capital asset planning process. 

14 (c) POWERS OF COMMISSION.— 

15 (1) HEARINGS.—The Commission may hold 

16 such hearings, sit and act at such times and places, 

17 take such testimony, and receive such evidence as 

18 the Commission considers advisable to carry out this 

19 section. 

20 (2) INFORMATION FROM FEDERAL AGENCIES.— 

21 The Commission may secure directly from any Fed22 eral department or agency such information as the 

23 Commission considers necessary to carry out this 

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1 sion, the head of such department or agency shall 

2 furnish such information to the Commission. 

3 (d) COMMISSION PERSONNEL MATTERS.— 

4 (1) COMPENSATION OF MEMBERS.—Each mem5 ber of the Commission who is not an officer or em6 ployee of the Federal Government shall be com7 pensated at a rate equal to the daily equivalent of 

8 the annual rate of basic pay prescribed for level IV 

9 of the Executive Schedule under section 5315 of title 

10 5, United States Code, for each day (including travel 

11 time) during which such member is engaged in the 

12 performance of the duties of the Commission. All 

13 members of the Commission who are officers or em14 ployees of the United States shall serve without com15 pensation in addition to that received for their serv16 ices as officers or employees of the United States. 

17 (2) TRAVEL EXPENSES.—The members of the 

18 Commission shall be allowed travel expenses, includ19 ing per diem in lieu of subsistence, at rates author20 ized for employees of agencies under subchapter I of 

21 chapter 57 of title 5, United States Code, while 

22 away from their homes or regular places of business 

23 in the performance of services for the Commission. 

24 (3) STAFF.— 


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1 (A) IN GENERAL.—The Chair of the Com2 mission may, without regard to the civil service 

3 laws and regulations, appoint and terminate an 

4 executive director and such other additional 

5 personnel as may be necessary to enable the 

6 Commission to perform its duties. The employ7 ment of an executive director shall be subject to 

8 confirmation by the Commission. 

9 (B) COMPENSATION.—The Chair of the 

10 Commission may fix the compensation of the 

11 executive director and other personnel without 

12 regard to chapter 51 and subchapter III of 

13 chapter 53 of title 5, United States Code, relat14 ing to classification of positions and General 

15 Schedule pay rates, except that the rate of pay 

16 for the executive director and other personnel 

17 may not exceed the rate payable for level V of 

18 the Executive Schedule under section 5316 of 

19 such title. 

20 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

21 Any Federal Government employee may be detailed 

22 to the Commission without reimbursement, and such 

23 detail shall be without interruption or loss of civil 

24 service status or privilege. 


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1 (5) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The Chair of the Commission 

3 may procure temporary and intermittent services 

4 under section 3109(b) of title 5, United States Code, 

5 at rates for individuals which do not exceed the daily 

6 equivalent of the annual rate of basic pay prescribed 

7 for level V of the Executive Schedule under section 

8 5316 of such title. 

9 (e) TERMINATION OF COMMISSION.—The Commis10 sion shall terminate 60 days after the date on which the 

11 Commission submits its report under subsection 

12 (b)(4)(E). 

13 (f) FUNDING.—The Secretary of Veterans Affairs 

14 shall make available to the Commission such amounts as 

15 the Secretary and the Chair of the Commission jointly 

16 consider appropriate for the Commission to perform its 

17 duties under this section. 

18 (g) ACTION ON RECOMMENDATIONS.— 

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

20 Affairs shall implement each recommendation in21 cluded in a report under subsection (b)(4) that the 

22 Secretary considers feasible and advisable and can 

23 be implemented without further legislative action. 

24 (2) REPORTS.—Not later than 120 days after 

25 receipt of a report under subparagraphs (A) through 


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1 (D) of subsection (b)(4), the Secretary shall submit 

2 to the Committee Veterans’ Affairs of the Senate 

3 and the Committee on Veterans’ Affairs of the 

4 House of Representatives a report setting forth the 

5 following: 

6 (A) An assessment of the feasibility and 

7 advisability of each recommendation contained 

8 in such report. 

9 (B) For each recommendation assessed as 

10 feasible and advisable— 

11 (i) if such recommendation does not 

12 require further legislative action for imple13 mentation, a description of the actions 

14 taken, and to be taken, by the Secretary to 

15 implement such recommendation; and 

16 (ii) if such recommendation requires 

17 further legislative action for implementa18 tion, recommendations for such legislative 

19 action. 

20 SEC. 504. ADVANCE APPROPRIATIONS FOR CERTAIN AC21 COUNTS OF THE DEPARTMENT OF VETERANS 

22 AFFAIRS. 

23 (a) IN GENERAL.—Section 117 is amended— 


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1 (1) by striking ‘‘medical care accounts of the 

2 Department’’ each place it appears and inserting 

3 ‘‘covered accounts of the Department’’; 

4 (2) in subsection (c)— 

5 (A) by striking ‘‘medical care accounts of 

6 the Veterans Health Administration, Depart7 ment of Veterans Affairs account’’ and insert8 ing ‘‘accounts of the Department of Veterans 

9 Affairs account’’; 

10 (B) in paragraph (1), by inserting ‘‘Vet11 erans Health Administration,’’ after ‘‘(1)’’; 

12 (C) in paragraph (2), by inserting ‘‘Vet13 erans Health Administration,’’ after ‘‘(2)’’; 

14 (D) in paragraph (3), by inserting ‘‘Vet15 erans Health Administration,’’ after ‘‘(3)’’; 

16 (E) by redesignating paragraphs (1) 

17 through (3) as paragraphs (7) through (9), re18 spectively; 

19 (F) by inserting before paragraph (7), as 

20 redesignated by subparagraph (E), the fol21 lowing new paragraphs: 

22 ‘‘(1) Veterans Benefits Administration, Com23 pensation and Pensions. 

24 ‘‘(2) Veterans Benefits Administration, Read25 justment Benefits. 


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1 ‘‘(3) Veterans Benefits Administration, Vet2 erans Insurance and Indemnities. 

3 ‘‘(4) Veterans Benefits Administration, Vet4 erans Housing Benefit Program Fund. 

5 ‘‘(5) Veterans Benefits Administration, Voca6 tional Rehabilitation Loans Program Account. 

7 ‘‘(6) Veterans Benefits Administration, Native 

8 American Veteran Housing Loan Program Ac9 count.’’; and 

10 (G) in the subsection heading, by striking 

11 ‘‘MEDICAL CARE ACCOUNTS’’ and inserting 

12 ‘‘COVERED ACCOUNTS’’; and 

13 (3) in the section heading, by striking ‘‘cer14 tain medical care accounts’’ and inserting 

15 ‘‘certain accounts’’. 

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

17 subsection (a) shall apply with respect to fiscal year 2016 

18 and each subsequent fiscal year. 

19 (c) CONFORMING AMENDMENT.—Section 1105 of 

20 title 31, United States Code, is amended by striking the 

21 first paragraph (37) and inserting the following: 

22 ‘‘(37) information on estimates of appropria23 tions for the fiscal year following the fiscal year for 

24 which the budget is submitted for the following ac25 counts of the Department of Veterans Affairs: 


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1 ‘‘(A) Veterans Benefits Administration, 

2 Compensation and Pensions. 

3 ‘‘(B) Veterans Benefits Administration, 

4 Readjustment Benefits. 

5 ‘‘(C) Veterans Benefits Administration, 

6 Veterans Insurance and Indemnities. 

7 ‘‘(D) Veterans Benefits Administration, 

8 Veterans Housing Benefit Program Fund. 

9 ‘‘(E) Veterans Benefits Administration, 

10 Vocational Rehabilitation Loans Program Ac11 count. 

12 ‘‘(F) Veterans Benefits Administration, 

13 Native American Veteran Housing Loan Pro14 gram Account. 

15 ‘‘(G) Veterans Health Administration, 

16 Medical Services. 

17 ‘‘(H) Veterans Health Administration, 

18 Medical Support and Compliance. 

19 ‘‘(I) Veterans Health Administration, Med20 ical Facilities.’’. 

21 (d) TECHNICAL CORRECTION.—Such section is fur22 ther amended by redesignating the second paragraph (37), 

23 as added by section 11(a)(2) of the GPRA Modernization 

24 Act of 2010 (Public Law 111–352; 124 Stat. 3881), as 

25 paragraph (39). 


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1 SEC. 505. 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 

12 each 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 

16 540 days after the effective date specified in sub17 section (e), the Secretary shall require, as a condi18 tion on the use of any data gathered or formulated 

19 from research funded by the Department, that any 

20 final, peer-reviewed manuscript prepared for publica21 tion that uses such data be submitted to the Sec22 retary for deposit in the digital archive under para23 graph (2) and publication under paragraph (3). 

24 (2) DIGITAL ARCHIVE.—Not later than 540 

25 days 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 ar5 chive. 

6 (3) PUBLIC AVAILABILITY.— 

7 (A) AVAILABILITY OF ARCHIVE.—The Sec8 retary shall ensure that the digital archive 

9 under paragraph (2) and the contents of such 

10 archive are available to the public via a publicly 

11 accessible Internet website at no cost to the 

12 public. 

13 (B) AVAILABILITY OF MANUSCRIPTS.—The 

14 Secretary shall ensure that each manuscript 

15 submitted to the Secretary under paragraph (1) 

16 is available to the public under subparagraph 

17 (A) not later than one year after the official 

18 date on which the manuscript is otherwise pub19 lished. 

20 (4) CONSISTENT WITH COPYRIGHT LAW.—The 

21 Secretary shall carry out this subsection in a man22 ner consistent with applicable copyright law. 

23 (5) ANNUAL REPORT.— 

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

25 after the date the Secretary begins making 


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1 manuscripts available to the public under this 

2 subsection and not less frequently than once 

3 each year thereafter, the Secretary shall submit 

4 to the Committee on Veterans’ Affairs of the 

5 Senate and the Committee on Veterans’ Affairs 

6 of the House of Representatives a report on the 

7 implementation of this subsection during the 

8 most recent one-year period. 

9 (B) CONTENTS.—Each report submitted 

10 under subparagraph (A) shall include for the 

11 period of the report: 

12 (i) The number of manuscripts sub13 mitted under paragraph (1). 

14 (ii) The titles of such manuscripts. 

15 (iii) The authors of such manuscripts. 

16 (iv) For each such manuscript, the 

17 name and issue number or volume number, 

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

19 publication in which such manuscript was 

20 published. 

21 (c) RECOMMENDATIONS FOR DATA SHARING BE22 TWEEN DEPARTMENT OF VETERANS AFFAIRS AND DE23 PARTMENT OF DEFENSE.—Not later than one year after 

24 the effective date specified in subsection (e), the Depart25 ment of Veterans Affairs-Department of Defense Joint 


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1 Executive Committee established by section 320(a) of title 

2 38, United States Code, shall submit to the Secretary of 

3 Veterans Affairs and the Secretary of Defense options and 

4 recommendations for the establishment of a program for 

5 long-term cooperation and data sharing between and with6 in the Department of Veterans Affairs and the Depart7 ment of Defense to facilitate research on outcomes of mili8 tary service, readjustment after combat deployment, and 

9 other topics of importance to the following: 

10 (1) Veterans. 

11 (2) Members of the Armed Forces. 

12 (3) Family members of veterans. 

13 (4) Family members of members of the Armed 

14 Forces. 

15 (5) Members of communities that have a sig16 nificant population of veterans or members of the 

17 Armed Forces. 

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

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

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

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

22 on the date that is one year after the date of the enact23 ment of this Act. 


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1 SEC. 506. ASSESSMENT BY COMPTROLLER GENERAL OF 

2 THE UNITED STATES OF INFORMATION MADE 

3 AVAILABLE BY VETERANS BENEFITS ADMIN4 ISTRATION. 

5 (a) ASSESSMENT OF INFORMATION CURRENTLY

6 AVAILABLE.—Not later than two years after the date of 

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

8 United States shall— 

9 (1) conduct an assessment of the process by 

10 which the Veterans Benefits Administration informs 

11 veterans, veterans service organizations, and such 

12 other persons as the Comptroller General considers 

13 appropriate regarding the furnishing of benefits 

14 under laws administered by the Secretary of Vet15 erans Affairs to determine the extent to which the 

16 process results in disseminated information that— 

17 (A) adequately supports and improves the 

18 timeliness and accuracy of decisions made by 

19 the Administration with respect to claims for 

20 disability compensation and such other benefits 

21 furnished under laws administered by the Sec22 retary of Veterans Affairs as the Comptroller 

23 General considers appropriate; and 

24 (B) encourages the filing of fully developed 

25 claims for benefits under laws administered by 

26 the Secretary; and 


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1 (2) assess how the Veterans Benefits Adminis2 tration notifies each claimant during, and as part of, 

3 any electronic filing process established by the Sec4 retary for the filing of applications for disability 

5 compensation and such other benefits under laws ad6 ministered by the Secretary as the Comptroller Gen7 eral considers appropriate that services may be 

8 available to the claimant from a veterans service or9 ganization. 

10 (b) REPORT.—Not later than two years after the date 

11 of the enactment of this Act, the Comptroller General shall 

12 submit to the Committee on Veterans’ Affairs of the Sen13 ate and the Committee on Veterans’ Affairs of the House 

14 of Representatives a report on the findings of the Comp15 troller General under subsection (a). Such report shall in16 clude such recommendations as the Comptroller General 

17 may have for legislative or administrative action to im18 prove the availability of information made available to the 

19 public by the Veterans Benefits Administration regarding 

20 the furnishing of benefits under laws administered by the 

21 Secretary of Veterans Affairs. 

22 (c) VETERANS SERVICE ORGANIZATION DEFINED.— 

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

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1 erans Affairs for the representation of veterans under sec2 tion 5902 of title 38, United States Code. 

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

4 on the date that is one year after the date of the enact5 ment of this Act. 

6 SEC. 507. COMPTROLLER GENERAL REPORT ON ADVISORY 

7 COMMITTEES OF THE DEPARTMENT OF VET8 ERANS AFFAIRS. 

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

10 effective date specified in subsection (c), the Comptroller 

11 General shall submit to the Committee on Veterans’ Af12 fairs of the Senate and the Committee on Veterans’ Af13 fairs of the House of Representatives a report on the advi14 sory committees of the Department of Veterans Affairs. 

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

16 (a)— 

17 (1) shall include— 

18 (A) recommendations or proposals for con19 tinuing, modifying, or terminating certain advi20 sory committees, including noting areas of over21 lap and duplication among the advisory commit22 tees; and 

23 (B) such other information as the Comp24 troller General considers appropriate; and 

25 (2) may include— 


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1 (A) a description of each advisory com2 mittee, including with respect to each com3 mittee— 

4 (i) the purpose of the committee; 

5 (ii) the commencement date of the 

6 committee; and 

7 (iii) the anticipated termination date 

8 of the committee; 

9 (B) a summary of the anticipated expenses 

10 and the actual expenses incurred for each advi11 sory committee during the most recent three 

12 fiscal years ending before the date of the enact13 ment of this Act; and 

14 (C) with respect to meetings held by each 

15 advisory committee— 

16 (i) the frequency with which each 

17 committee has met during the shorter of— 

18 (I) the most recent three fiscal 

19 years ending before the date of the 

20 enactment of this Act; and 

21 (II) the life of the committee; 

22 (ii) the date of the most recent meet23 ing held by the committee before such date 

24 of enactment; and 


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1 (iii) the date of the most recent report 

2 or other written product developed by the 

3 committee before such date of enactment. 

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

5 on the date that is one year after the date of the enact6 ment of this Act. 

7 TITLE VI—IMPROVEMENT OF 

8 PROCESSING OF CLAIMS FOR 

9 COMPENSATION 

10 Subtitle A—Claims Based on 

11 Military Sexual Trauma 

12 SEC. 601. MEDICAL EXAMINATION AND OPINION FOR DIS13 ABILITY COMPENSATION CLAIMS BASED ON 

14 MILITARY SEXUAL TRAUMA. 

15 (a) IN GENERAL.—Section 5103A(d) is amended by 

16 adding at the end the following new paragraph: 

17 ‘‘(3)(A) In the case of a claim for disability com18 pensation based on a mental health condition related to 

19 military sexual trauma, the Secretary shall treat an exam20 ination or opinion as being necessary to make a decision 

21 on a claim for purposes of paragraph (1) if the evidence 

22 of record before the Secretary, taking into consideration 

23 all information and lay or medical evidence (including 

24 statements of the claimant)— 


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1 ‘‘(i)(I) contains competent evidence that the 

2 claimant has a current disability, or persistent or re3 current symptoms of disability; and 

4 ‘‘(II) indicates that the disability or symptoms 

5 may be associated with the claimant’s active mili6 tary, naval, or air service; but 

7 ‘‘(ii) does not contain a diagnosis or opinion by 

8 a mental health professional that may assist in cor9 roborating the occurrence of a military sexual trau10 ma stressor related to a diagnosable mental health 

11 condition. 

12 ‘‘(B) In this paragraph, the term ‘military sexual 

13 trauma’ shall have the meaning specified by the Secretary 

14 for purposes of this paragraph, and shall include ‘sexual 

15 harassment’ (as so specified).’’. 

16 (b) REPORT.—Not later than 18 months after the 

17 date of the enactment of this Act, the Secretary of Vet18 erans Affairs shall submit to the Committee on Veterans’ 

19 Affairs of the Senate and the Committee on Veterans’ Af20 fairs of the House of Representatives a report on the num21 ber of examinations and opinions conducted by the Sec22 retary pursuant to paragraph (3) of section 5103A(d) of 

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

24 including the following: 


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1 (1) The number of examinations conducted 

2 using a standardized disability assessment. 

3 (2) The number of examinations conducted 

4 using a non-standardized clinical interview. 

5 SEC. 602. CASE REPRESENTATIVE OFFICERS FOR MILITARY 

6 SEXUAL TRAUMA SUPPORT. 

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

8 shall assign to each individual seeking compensation under 

9 the laws administered by the Secretary based on military 

10 sexual trauma a case representative officer who shall pro11 vide advice and general information to such individual on 

12 the claims process for such compensation. Each case rep13 resentative officer so assigned shall be assigned from 

14 among current personnel of the Department of Veterans 

15 Affairs. 

16 (b) LIAISON.—A case representative officer assigned 

17 to an individual under subsection (a) shall be responsible 

18 for serving as a liaison between the individual, an author19 ized agent or attorney of the individual under section 5904 

20 of title 38, United States Code, or an otherwise accredited 

21 representative of the individual, and the Department of 

22 Veterans Affairs on matters relating to the claim of the 

23 individual for compensation under the laws administered 

24 by the Secretary. 


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1 (c) CASE REPRESENTATIVE OFFICER REQUIRE2 MENTS.— 

3 (1) COMPETENCE AND KNOWLEDGE.—Each 

4 case representative officer assigned under subsection 

5 (a) shall be competent and knowledgeable about the 

6 following: 

7 (A) The claims adjudication process and 

8 applicable laws, regulations, and other authority 

9 applicable to the adjudication of disability 

10 claims based on military sexual trauma. 

11 (B) Such other services to victims of sex12 ual trauma as the Secretary considers appro13 priate. 

14 (2) LIMITATION ON NUMBER OF INDIVIDUALS

15 TO WHICH ASSIGNED.—A case representative officer 

16 may not be assigned to more individuals described in 

17 subsection (a) than, as determined by the Secretary, 

18 is appropriate for the provision of individual case 

19 management assistance by such officer. 

20 (d) INFORMATION ON BENEFITS AND PROGRAMS RE21 LATING TO MILITARY SEXUAL TRAUMA.— 

22 (1) IN GENERAL.—The Secretary shall make 

23 available to the public information on the availability 

24 of case representative officers under subsection (a) 

25 to assist in the application for benefits based on 


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1 military sexual trauma. The Secretary shall revise 

2 and update the information so made available in 

3 order to ensure that the information is as current as 

4 possible. 

5 (2) INDIVIDUALS SEPARATING FROM MILITARY

6 SERVICE.—The Secretary shall, in consultation with 

7 the Secretary of Defense, ensure that individuals 

8 who are being separated from the active military, 

9 naval, or air service are provided appropriate infor10 mation about programs, requirements, and proce11 dures for applying for benefits based on military sex12 ual trauma and the availability of case representa13 tive officers under subsection (a). 

14 (e) INFORMATION ON TRAINING FOR AGENTS AND

15 REPRESENTATIVES OF INDIVIDUALS ASSIGNED CASE

16 REPRESENTATIVE OFFICER.—The Secretary shall make 

17 available to the authorized agent or attorney of an indi18 vidual assigned a case representative under subsection (a), 

19 or to the otherwise accredited representative of the indi20 vidual, any relevant materials used to train such case rep21 resentative officer for the duties of such position. 

22 (f) ADVISORY COMMITTEE ON WOMEN VETERANS

23 CONSIDERATION OF MECHANISMS TO ENHANCE COORDI24 NATION BETWEEN VBA AND VHA ON BENEFITS FOR

25 MILITARY SEXUAL TRAUMA.—The Advisory Committee 


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1 on Women Veterans established under section 542 of title 

2 38, United States Code, shall undertake actions to identify 

3 mechanisms to enhance coordination between the Veterans 

4 Benefits Administration and the Veterans Health Admin5 istration in the provision of benefits based on military sex6 ual trauma, including the identification of barriers to the 

7 appropriate provision of benefits for military sexual trau8 ma by such Administrations and of means of eliminating 

9 or reducing such barriers. 

10 (g) ANNUAL REPORTS.—Not less frequently than an11 nually, the Secretary of Veterans Affairs shall submit to 

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

13 Committee on Veterans’ Affairs of the House of Rep14 resentatives a report setting forth the following: 

15 (1) A certification whether or not the case rep16 resentative officers assigned under subsection (a) 

17 during the preceding year met the requirements 

18 specified in subsection (c). 

19 (2) A description of the current training the 

20 Secretary provides to employees of the Veterans 

21 Benefits Administration on claims for benefits based 

22 on military sexual trauma, including the frequency, 

23 length, and content of such training. 

24 (3) A description of current policies and proce25 dures on the training the Secretary provides to case 


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1 representative officers, including the current position 

2 descriptions for case representative officers. 

3 (4) A description of current efforts to coordi4 nate activities and assistance provided to individuals 

5 who seek care or benefits for military sexual trauma 

6 between the Veterans Health Administration and 

7 Veterans Benefits Administration, including the ef8 forts of the Advisory Committee on Women Veterans 

9 under subsection (f). 

10 (h) SUNSET.— 

11 (1) IN GENERAL.—No case representative offi12 cer may be assigned under subsection (a) after De13 cember 31, 2018. 

14 (2) CONTINUATION OF DUTIES AFTER SUNSET

15 DATE.—Paragraph (1) shall not be construed to pro16 hibit any case representative officer assigned to an 

17 individual before the date specified in that para18 graph from performing duties pursuant to this sec19 tion after that date with respect to a claim for which 

20 that case representative officer was assigned to such 

21 individual before that date. 

22 (i) DEFINITIONS.—In this section: 

23 (1) ACTIVE MILITARY, NAVAL, OR AIR SERV24 ICE.—The term ‘‘active military, naval, or air servVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 ice’’ has the meaning given that term in section 101 

2 of title 38, United States Code. 

3 (2) MILITARY SEXUAL TRAUMA.—The term 

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

5 specified by the Secretary for purposes of this sec6 tion, and shall include ‘‘sexual harassment’’ (as so 

7 specified). 

8 SEC. 603. REPORT ON STANDARD OF PROOF FOR SERVICE9 CONNECTION OF MENTAL HEALTH CONDI10 TIONS RELATED TO MILITARY SEXUAL TRAU11 MA. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of the enactment of this Act, the Secretary of Vet14 erans Affairs shall submit to the Committee on Veterans’ 

15 Affairs of the Senate and the Committee on Veterans’ Af16 fairs of the House of Representatives a report on the cur17 rent standard of proof for service-connection under chap18 ter 11 of title 38, United States Code, for covered mental 

19 health conditions based on military sexual trauma. 

20 (b) RECOMMENDATIONS.—The Secretary shall in21 clude in the report under subsection (a) any recommenda22 tions the Secretary considers appropriate to improve the 

23 adjudication of claims for compensation based on military 

24 sexual trauma, including— 


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1 (1) recommendations for an appropriate stand2 ard of proof for such claims if the Secretary con3 siders such recommendations advisable; and 

4 (2) recommendations for legislative action, if 

5 necessary, to carry out such improvement. 

6 (c) DEFINITIONS.—In this section: 

7 (1) ACTIVE MILITARY, NAVAL, OR AIR SERV8 ICE.—The term ‘‘active military, naval, or air serv9 ice’’ has the meaning given that term in section 101 

10 of title 38, United States Code. 

11 (2) COVERED MENTAL HEALTH CONDITION.— 

12 The term ‘‘covered mental health condition’’ means 

13 post-traumatic stress disorder, anxiety, depression, 

14 or other mental health diagnosis that the Secretary 

15 determines to be related to military sexual trauma. 

16 (3) MILITARY SEXUAL TRAUMA.—The term 

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

18 specified by the Secretary for purposes of this sec19 tion, and shall include ‘‘sexual harassment’’ (as so 

20 specified). 

21 SEC. 604. REPORTS ON CLAIMS FOR DISABILITIES IN22 CURRED OR AGGRAVATED BY MILITARY SEX23 UAL TRAUMA. 

24 (a) REPORTS.—Not later than December 1, 2014, 

25 and each year thereafter through 2018, the Secretary of 


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1 Veterans Affairs shall submit to Congress a report on the 

2 covered claims submitted to the Secretary during the pre3 vious fiscal year. 

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

5 shall include the following: 

6 (1) The number of covered claims submitted to 

7 or considered by the Secretary during the fiscal year 

8 covered by the report. 

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

10 the number and percentage of such claims— 

11 (A) submitted by each gender; 

12 (B) that were approved, including the 

13 number and percentage of such approved claims 

14 submitted by each gender; and 

15 (C) that were denied, including the number 

16 and percentage of such denied claims submitted 

17 by each gender. 

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

19 that were approved, the number and percentage, list20 ed by each gender, of claims assigned to each rating 

21 percentage of disability. 

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

23 that were denied— 

24 (A) the three most common reasons given 

25 by the Secretary under section 5104(b)(1) of 


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1 title 38, United States Code, for such denials; 

2 and 

3 (B) the number of denials that were based 

4 on the failure of a veteran to report for a med5 ical examination. 

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

7 that were resubmitted to the Secretary after denial 

8 in a previous adjudication— 

9 (A) the number of such claims submitted 

10 to or considered by the Secretary during the fis11 cal year covered by the report; 

12 (B) the number and percentage of such 

13 claims— 

14 (i) submitted by each gender; 

15 (ii) that were approved, including the 

16 number and percentage of such approved 

17 claims submitted by each gender; and 

18 (iii) that were denied, including the 

19 number and percentage of such denied 

20 claims submitted by each gender; 

21 (C) the number and percentage, listed by 

22 each gender, of claims assigned to each rating 

23 percentage of disability; and 

24 (D) of such claims that were again de25 nied— 


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1 (i) the three most common reasons 

2 given by the Secretary under section 

3 5104(b)(1) of such title for such denials; 

4 and 

5 (ii) the number of denials that were 

6 based on the failure of a veteran to report 

7 for a medical examination. 

8 (6) The number of covered claims that, as of 

9 the end of the fiscal year covered by the report, are 

10 pending and, separately, the number of such claims 

11 on appeal. 

12 (7) For the fiscal year covered by the report, 

13 the average number of days that covered claims take 

14 to complete beginning on the date on which the 

15 claim is submitted. 

16 (c) DEFINITIONS.—In this section: 

17 (1) ACTIVE MILITARY, NAVAL, OR AIR SERV18 ICE.—The term ‘‘active military, naval, or air serv19 ice’’ has the meaning given that term in section 101 

20 of title 38, United States Code. 

21 (2) COVERED CLAIMS.—The term ‘‘covered 

22 claims’’ means claims for disability compensation 

23 submitted to the Secretary based on post traumatic 

24 stress disorder alleged to have been incurred or ag25 gravated by military sexual trauma. 


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1 (3) MILITARY SEXUAL TRAUMA.—The term 

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

3 specified by the Secretary for purposes of this sec4 tion, and shall include ‘‘sexual harassment’’ (as so 

5 specified). 

6 Subtitle B—Claims for Dependency 

7 and Indemnity Compensation 

8 SEC. 611. PROGRAM ON TREATMENT OF CERTAIN APPLICA9 TIONS FOR DEPENDENCY AND INDEMNITY 

10 COMPENSATION AS FULLY DEVELOPED 

11 CLAIMS. 

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

13 shall carry out a program to assess the feasibility and ad14 visability of expediting the treatment of a covered depend15 ency and indemnity compensation claim. 

16 (b) COVERED DEPENDENCY AND INDEMNITY COM17 PENSATION CLAIMS.—For purposes of this section, a cov18 ered dependency and indemnity compensation claim is a 

19 claim submitted to the Secretary for compensation under 

20 chapter 13 of title 38, United States Code, for which the 

21 claimant— 

22 (1) applies for such compensation within one23 year of the death of the veteran upon whose service 

24 the claim is based; 


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1 (2) was the dependent on the claim of a veteran 

2 who was receiving benefits for one or more service3 connected conditions as of the date of death; 

4 (3) submits a death certificate or other evidence 

5 with the claim indicating that the veteran’s death 

6 was due to a service-connected or compensable dis7 ability; and 

8 (4) in the case that the claimant is the spouse 

9 of the deceased veteran, certifies that he or she has 

10 not remarried since the date of the veteran’s death. 

11 (c) DURATION.—The program shall be carried out 

12 during the one-year period beginning on the date that is 

13 90 days after the date of the enactment of this Act. 

14 (d) LOCATIONS.—The program shall be carried out 

15 at the Pension Management Center of the Department of 

16 Veterans Affairs or such centers selected by the Secretary 

17 for purposes of the program. 

18 (e) REPORT.— 

19 (1) IN GENERAL.—Not later than 270 days 

20 after the date on which the program is completed, 

21 the Secretary shall submit to the Committee on Vet22 erans’ Affairs of the Senate and the Committee on 

23 Veterans’ Affairs of the House of Representatives a 

24 report on the program. 


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

3 (A) The number of covered dependency 

4 and indemnity compensation claims that were 

5 adjudicated under the program, disaggregated 

6 by the following: 

7 (i) Claims in which the claimant 

8 claimed entitlement to compensation on the 

9 basis of the claimant’s status as the spouse 

10 of a deceased veteran. 

11 (ii) Claims in which the claimant 

12 claimed entitlement to compensation on the 

13 basis of the claimant’s status as the child 

14 of a deceased veteran. 

15 (iii) Claims in which the claimant 

16 claimed entitlement to compensation on the 

17 basis of the claimant’s status as the parent 

18 of a deceased veteran. 

19 (B) The number of covered dependency 

20 and indemnity compensation claims that were 

21 adjudicated under the program and for which 

22 compensation was not awarded, disaggregated 

23 by clauses (i) through (iii) of subparagraph (A). 

24 (C) A comparison of the accuracy and 

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1 gram with claims submitted to the Secretary for 

2 compensation under chapter 13 of title 38, 

3 United States Code, that were not provided ex4 peditious treatment under the program. 

5 (D) The findings of the Secretary with re6 spect to the program. 

7 (E) Such recommendations as the Sec8 retary may have for legislative or administrative 

9 action to improve the adjudication of claims 

10 submitted to the Secretary for compensation 

11 under chapter 13 of title 38, United States 

12 Code. 

13 SEC. 612. REPORT BY SECRETARY OF VETERANS AFFAIRS 

14 ON IMPROVING TIMELINESS AND ACCURACY 

15 OF ADMINISTRATION OF CLAIMS FOR DE16 PENDENCY AND INDEMNITY COMPENSATION 

17 AND PENSION FOR SURVIVING SPOUSES AND 

18 CHILDREN. 

19 (a) IN GENERAL.—Not later than 455 days after the 

20 date of the enactment of this Act, the Secretary of Vet21 erans Affairs shall submit to the Committee on Veterans’ 

22 Affairs of the Senate and the Committee on Veterans’ Af23 fairs of the House of Representatives a report with rec24 ommendations for legislative or administrative actions to 

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1 retary processes and adjudicates claims for compensation 

2 under chapter 13 of title 38, United States Code, and pen3 sion under sections 1541 and 1542 of such title. 

4 (b) EFFECTIVE DATE.—This section shall take effect 

5 on the date that is one year after the date of the enact6 ment of this Act. 

7 Subtitle C—Agency of Original 

8 Jurisdiction 

9 SEC. 621. WORKING GROUP TO IMPROVE EMPLOYEE WORK 

10 CREDIT AND WORK MANAGEMENT SYSTEMS 

11 OF VETERANS BENEFITS ADMINISTRATION IN 

12 AN ELECTRONIC ENVIRONMENT. 

13 (a) ESTABLISHMENT.—Not later than 90 days after 

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

15 Veterans Affairs shall establish a working group to assess 

16 and develop recommendations for the improvement of the 

17 employee work credit and work management systems of 

18 the Veterans Benefits Administration in an electronic en19 vironment. 

20 (b) COMPOSITION.—The working group shall be com21 posed of the following: 

22 (1) The Secretary or the Secretary’s designee. 

23 (2) Individuals selected by the Secretary from 

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1 sion benefits and are recommended to the Secretary 

2 by a labor organization for purposes of this section, 

3 including at least one of each of the following indi4 viduals: 

5 (A) A veterans service representative. 

6 (B) A rating veterans service representa7 tive. 

8 (C) A decision review officer. 

9 (3) Not fewer than three individuals selected by 

10 the Secretary to represent different organizations 

11 recognized by the Secretary for the representation of 

12 veterans under section 5902 of title 38, United 

13 States Code. 

14 (4) Individuals selected by the Secretary— 

15 (A) that are not employees of the Depart16 ment; and 

17 (B) that are experts in work credit and 

18 work management systems. 

19 (c) DUTIES.—The duties of the working group are 

20 to assess and develop recommendations for the following: 

21 (1) The improvement of the employee work 

22 credit and work management systems of the Vet23 erans Benefits Administration in an electronic envi24 ronment. 


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1 (2) A scientific, data based methodology to be 

2 used in revising the employee work credit system of 

3 the Department to improve the quality and quantity 

4 of work produced by employees of the Department. 

5 (3) The improvement of the resource allocation 

6 model of the Veterans Benefits Administration, with 

7 a focus on the processing of claims in an electronic 

8 environment. 

9 (4) A schedule by which the revisions referred 

10 to in paragraph (2) will be implemented by the De11 partment. 

12 (d) REVIEW AND INCORPORATION OF FINDINGS

13 FROM PRIOR STUDY.—In carrying out its duties under 

14 subsection (c), the working group shall review the findings 

15 and conclusions of previous studies of the employee work 

16 credit and work management systems of the Veterans 

17 Benefits Administration. 

18 (e) ROLE OF THE SECRETARY.—The Secretary shall 

19 consider the recommendations of the working group and 

20 implement such recommendations as the Secretary deter21 mines appropriate. 

22 (f) REPORTS.— 

23 (1) INTERIM REPORT.—Not later than 180 

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1 ing group, the working group shall submit to Con2 gress a report on the progress of the working group. 

3 (2) FINAL REPORT.—Not later than one year 

4 after the date of the establishment of the working 

5 group, the Secretary shall submit to Congress the 

6 methodology described in subsection (c)(2) and the 

7 schedule described in subsection (c)(4) that the Sec8 retary has decided to implement pursuant to sub9 section (e). 

10 (g) IMPLEMENTATION OF METHODOLOGY AND

11 SCHEDULE.—After submitting the report under sub12 section (f), the Secretary shall take such actions as may 

13 be necessary to apply the methodology described in sub14 section (c)(2) and the schedule described in subsection 

15 (c)(4) that the Secretary has decided to implement pursu16 ant to subsection (e). 

17 SEC. 622. TASK FORCE ON RETENTION AND TRAINING OF 

18 DEPARTMENT OF VETERANS AFFAIRS 

19 CLAIMS PROCESSORS AND ADJUDICATORS. 

20 (a) ESTABLISHMENT.—The Secretary of Veterans 

21 Affairs shall establish a task force to assess retention and 

22 training of claims processors and adjudicators that are 

23 employed by the Department of Veterans Affairs and 

24 other departments and agencies of the Federal Govern25 ment. 


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1 (b) COMPOSITION.—The task force shall be composed 

2 of the following: 

3 (1) The Secretary of Veterans Affairs or des4 ignee. 

5 (2) The Director of the Office of Personnel 

6 Management or designee. 

7 (3) The Commissioner of Social Security or des8 ignee. 

9 (4) An individual selected by the Secretary of 

10 Veterans Affairs who represents an organization rec11 ognized by the Secretary for the representation of 

12 veterans under section 5902 of title 38, United 

13 States Code. 

14 (5) Such other individuals selected by the Sec15 retary who represent such other organizations and 

16 institutions as the Secretary considers appropriate. 

17 (c) DURATION.—The task force established under 

18 subsection (a) shall terminate not later than two years 

19 after the date on which the task force is established under 

20 such subsection. 

21 (d) DUTIES.—The duties of the task force are as fol22 lows: 

23 (1) To identify key skills required by claims 

24 processors and adjudicators to perform the duties of 

25 claims processors and adjudicators in the various 


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1 claims processing and adjudication positions 

2 throughout the Federal Government. 

3 (2) To identify reasons for employee attrition 

4 from claims processing positions. 

5 (3) To coordinate with educational institutions 

6 to develop training and programs of education for 

7 members of the Armed Forces to prepare such mem8 bers for employment in claims processing and adju9 dication positions in the Federal Government. 

10 (4) To identify and coordinate offices of the De11 partment of Defense and the Department of Vet12 erans Affairs located throughout the United States 

13 to provide information about, and promotion of, 

14 available claims processing positions to members of 

15 the Armed Forces transitioning to civilian life and to 

16 veterans with disabilities. 

17 (5) To establish performance measures to 

18 evaluate the effectiveness of the task force. 

19 (6) Not later than one year after the date of 

20 the establishment of the task force, to develop a 

21 Government-wide strategic and operational plan for 

22 promoting employment of veterans in claims proc23 essing positions in the Federal Government. 

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1 sess the implementation of such plan, and to revise 

2 such plan as the task force considers appropriate. 

3 (e) REPORTS.— 

4 (1) SUBMITTAL OF PLAN.—Not later than one 

5 year after the date of the establishment of the task 

6 force, the Secretary of Veterans Affairs shall submit 

7 to Congress a report on the plan developed by the 

8 task force under subsection (d)(6). 

9 (2) ASSESSMENT OF IMPLEMENTATION.—Not 

10 later than 120 days after the termination of the task 

11 force, the Secretary shall submit to Congress a re12 port that assesses the implementation of the plan 

13 developed by the task force under subsection (d)(6). 

14 SEC. 623. REPORTS ON REQUESTS BY THE DEPARTMENT OF 

15 VETERANS AFFAIRS FOR RECORDS OF 

16 OTHER FEDERAL AGENCIES. 

17 (a) REPORTS REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, and every 180 

19 days thereafter through the date that is 910 days after 

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

21 Veterans Affairs shall submit to the Committee on Vet22 erans’ Affairs of the Senate and the Committee on Vet23 erans’ Affairs of the House of Representatives a report 

24 on the attempts of the Department of Veterans Affairs 

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1 fits from another department or agency of the Federal 

2 Government during the 180-day period ending on the date 

3 of such report. 

4 (b) ELEMENTS.— 

5 (1) IN GENERAL.—Each report shall set forth 

6 the following: 

7 (A) For the period covered by such report, 

8 the following: 

9 (i) The total number of requests made 

10 by the Department. 

11 (ii) The types of records requested. 

12 (iii) The number of requests made be13 fore the receipt of each record. 

14 (iv) The amount of time between the 

15 initial request for each record and the re16 ceipt of each record. 

17 (v) The number of occurrences of the 

18 receipt of a record after the adjudication of 

19 the claim for which the record was sought. 

20 (vi) A description of the efforts of the 

21 Secretary to expedite the delivery of 

22 records to the Department from other de23 partments and agencies of the Federal 

24 Government. 


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1 (B) Such recommendations for legislative 

2 or administrative action as the Secretary con3 siders appropriate in light of such report. 

4 (2) PRESENTATION.—The information in a re5 port under clauses (i) through (v) of paragraph 

6 (1)(A) shall be set forth separately for each depart7 ment and agency of the Federal Government covered 

8 by such report. 

9 SEC. 624. RECOGNITION OF REPRESENTATIVES OF INDIAN 

10 TRIBES IN THE PREPARATION, PRESEN11 TATION, AND PROSECUTION OF CLAIMS 

12 UNDER LAWS ADMINISTERED BY THE SEC13 RETARY OF VETERANS AFFAIRS. 

14 Section 5902(a)(1) is amended by inserting ‘‘, includ15 ing Indian tribes (as defined in section 4 of the Indian 

16 Self-Determination and Education Assistance Act (25 

17 U.S.C. 450b))’’ after ‘‘as the Secretary may approve’’. 

18 SEC. 625. PROGRAM ON PARTICIPATION OF LOCAL AND 

19 TRIBAL GOVERNMENTS IN IMPROVING QUAL20 ITY OF CLAIMS FOR DISABILITY COMPENSA21 TION SUBMITTED TO DEPARTMENT OF VET22 ERANS AFFAIRS. 

23 (a) PROGRAM REQUIRED.—The Secretary of Vet24 erans Affairs shall carry out a program to assess the feasi25 bility and advisability of entering into memoranda of unVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 derstanding with local governments and tribal organiza2 tions— 

3 (1) to improve the quality of claims submitted 

4 to the Secretary for compensation under chapter 11 

5 of title 38, United States Code, and pension under 

6 chapter 15 of such title; and 

7 (2) to provide assistance to veterans who may 

8 be eligible for such compensation or pension in sub9 mitting such claims. 

10 (b) MINIMUM NUMBER OF PARTICIPATING TRIBAL

11 ORGANIZATIONS.—In carrying out the program required 

12 by subsection (a), the Secretary shall enter into, or main13 tain existing, memoranda of understanding with at least— 

14 (1) two tribal organizations; and 

15 (2) 10 State or local governments. 

16 (c) DURATION.—The program shall be carried out 

17 during the two-year period beginning on the date of the 

18 commencement of the program. 

19 (d) REPORT.— 

20 (1) INITIAL REPORT.—Not later than one year 

21 after the date of the commencement of the program, 

22 the Secretary shall submit to the Committee on Vet23 erans’ Affairs of the Senate and the Committee on 

24 Veterans’ Affairs of the House of Representatives a 

25 report that includes the following: 


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1 (A) A description of the implementation 

2 and operation of the program, including a de3 scription of outreach conducted by the Sec4 retary to tribal organizations and State and 

5 local governments. 

6 (B) An evaluation of the program, includ7 ing the total number of memoranda of under8 standing entered into or maintained by the Sec9 retary. 

10 (2) FINAL REPORT.—Not later than 180 days 

11 after the termination of the program, the Secretary 

12 shall submit to the Committee on Veterans’ Affairs 

13 of the Senate and the Committee on Veterans’ Af14 fairs of the House of Representatives a report that 

15 includes the following: 

16 (A) A description of the implementation 

17 and operation of the program, including a de18 scription of outreach conducted by the Sec19 retary to tribal organizations and State and 

20 local governments. 

21 (B) An evaluation of the program, includ22 ing the total number of memoranda of under23 standing entered into or maintained by the Sec24 retary. 


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1 (C) The findings and conclusions of the 

2 Secretary with respect to the program. 

3 (D) Such recommendations for continu4 ation or expansion of the program as the Sec5 retary considers appropriate. 

6 (e) TRIBAL ORGANIZATION DEFINED.—In this sec7 tion, the term ‘‘tribal organization’’ has the meaning given 

8 that term in section 3765 of title 38, United States Code. 

9 SEC. 626. DEPARTMENT OF VETERANS AFFAIRS NOTICE OF 

10 AVERAGE TIMES FOR PROCESSING COM11 PENSATION CLAIMS. 

12 (a) PUBLIC NOTICE.—The Secretary of Veterans Af13 fairs shall, to the extent practicable, post the information 

14 described in subsection (b)— 

15 (1) in physical locations, such as Regional Of16 fices or other claims in-take facilities, that the Sec17 retary considers appropriate; 

18 (2) on the Internet website of the Department; 

19 and 

20 (3) through other mediums or using such other 

21 methods, including collaboration with veterans serv22 ice organizations, as the Secretary considers appro23 priate. 

24 (b) INFORMATION DESCRIBED.— 


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1 (1) IN GENERAL.—The information described in 

2 this subsection is the average processing time of the 

3 claims described in paragraph (2). 

4 (2) CLAIMS DESCRIBED.—The claims described 

5 in this paragraph are each of the following types of 

6 claims for benefits under the laws administered by 

7 the Secretary of Veterans Affairs: 

8 (A) A fully developed claim. 

9 (B) A claim that is not fully developed. 

10 (3) UPDATE OF INFORMATION.—The informa11 tion described in this subsection shall be updated not 

12 less frequently than once each fiscal quarter. 

13 (c) EXPIRATION OF REQUIREMENTS.—The require14 ments of subsection (a) shall expire on December 31, 

15 2015. 

16 (d) VETERANS SERVICE ORGANIZATION DEFINED.— 

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

18 means an organization recognized by the Secretary of Vet19 erans Affairs for the representation of veterans under sec20 tion 5902 of title 38, United States Code. 


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1 SEC. 627. QUARTERLY REPORTS ON PROGRESS OF DEPART2 MENT OF VETERANS AFFAIRS IN ELIMI3 NATING BACKLOG OF CLAIMS FOR COM4 PENSATION THAT HAVE NOT BEEN ADJU5 DICATED. 

6 (a) IN GENERAL.—Not later than 90 days after the 

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

8 than quarterly thereafter through calendar year 2015, the 

9 Secretary of Veterans Affairs shall submit to the Com10 mittee on Veterans’ Affairs of the Senate and the Com11 mittee on Veterans’ Affairs of the House of Representa12 tives a report on the backlog of claims filed with the De13 partment of Veterans Affairs for compensation that have 

14 not been adjudicated by the Department. 

15 (b) CONTENTS.—Each report submitted under sub16 section (a) shall include the following: 

17 (1) For each month through calendar year 

18 2015, a projection of the following: 

19 (A) The number of claims completed. 

20 (B) The number of claims received. 

21 (C) The number of claims on backlog at 

22 the end of the month. 

23 (D) The number of claims pending at the 

24 end of the month. 

25 (E) The number of appeals pending at the 

26 end of the month. 


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1 (F) A description of the status of the im2 plementation of initiatives carried out by the 

3 Secretary to address the backlog, including the 

4 expected impact of those initiatives on accuracy 

5 and timeliness of adjudication of claims. 

6 (2) For each quarter through calendar year 

7 2015, a projection of the average accuracy of dis8 ability determinations for compensation claims that 

9 require a disability rating (or disability decision). 

10 (3) For each month during the most recently 

11 completed quarter, the following: 

12 (A) The number of claims completed. 

13 (B) The number of claims received. 

14 (C) The number of claims on backlog at 

15 the end of the month. 

16 (D) The number of claims pending at the 

17 end of the month. 

18 (E) The number of appeals pending at the 

19 end of the month. 

20 (F) A description of the status of the im21 plementation of initiatives carried out by the 

22 Secretary to address the backlog, including the 

23 impact of those initiatives on accuracy and 

24 timeliness of adjudication of claims. 


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1 (G) An assessment of the accuracy of dis2 ability determinations for compensation claims 

3 that require a disability rating (or disability de4 cision). 

5 (4) For the most recently completed quarter— 

6 (A) the number of cases physically received 

7 at the Board of Veterans’ Appeals and dock8 eted; 

9 (B) the number of cases pending at the 

10 Board of Veterans’ Appeals at the end of the 

11 quarter; 

12 (C) the number of cases physically at the 

13 Board of Veterans’ Appeals at the end of the 

14 quarter; 

15 (D) the number of notices of disagreement 

16 and appeals filed to the agency of original juris17 diction referred to in section 7105(b)(1) of title 

18 38, United States Code; and 

19 (E) the number of decisions made by the 

20 Board of Veterans’ Appeals and the percentage 

21 of such decisions that were allowed, remanded, 

22 denied, or otherwise disposed of. 

23 (c) AVAILABILITY TO PUBLIC.—The Secretary shall 

24 make each report submitted under subsection (a) available 

25 to the public. 


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1 (d) ON BACKLOG AND PENDING DEFINED.—In this 

2 section, the terms ‘‘on backlog’’ and ‘‘pending’’, with re3 spect to a claim for compensation received by the Sec4 retary, shall have the meaning specified by the Secretary 

5 for purposes of this section. 

6 SEC. 628. REPORTS ON USE OF EXISTING AUTHORITIES TO 

7 EXPEDITE BENEFITS DECISIONS. 

8 (a) REPORT ON CURRENT USE OF TEMPORARY, IN9 TERMEDIATE, AND PROVISIONAL RATING DECISIONS.— 

10 (1) REPORT REQUIRED.—Not later than 180 

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

12 Secretary of Veterans Affairs shall submit to the 

13 Committee on Veterans’ Affairs of the Senate and 

14 the Committee on Veterans’ Affairs of the House of 

15 Representatives a report on the use of temporary, 

16 intermediate, and provisional rating decisions to ex17 pedite the benefits decisions of the Department of 

18 Veterans Affairs. 

19 (2) REPORT ELEMENTS.—The report required 

20 by paragraph (1) shall include the following: 

21 (A) With respect to temporary and inter22 mediate rating decisions, the following: 

23 (i) The number of temporary and in24 termediate rating decisions issued by the 


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1 Department during each of fiscal years 

2 2011, 2012, and 2013. 

3 (ii) A description of any reasons or 

4 obstacles that prevent use of existing au5 thorities to issue temporary or inter6 mediate rating decisions. 

7 (iii) A description of the Quick Pay 

8 Disability initiative, including the rationale 

9 for not expanding the initiative beyond 

10 pilot program status. 

11 (B) With respect to provisional rating deci12 sions, the following: 

13 (i) The number of provisional rating 

14 decisions issued by the Department during 

15 the oldest claims first initiative. 

16 (ii) Of the provisional rating decisions 

17 issued during the oldest claims first initia18 tive— 

19 (I) the number of such decisions 

20 that involved a claim granted; 

21 (II) the number of such decisions 

22 that involved a claim denied; and 

23 (III) the number of such deci24 sions that involved a claim granted in 

25 part or a claim denied in part. 


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1 (iii) A statement of the most common 

2 reasons claims were not granted earlier 

3 under the oldest claims first initiative when 

4 there was sufficient evidence to render an 

5 award of benefits in the provisional rating 

6 decision. 

7 (iv) The average number of days to 

8 issue a provisional rating decision under 

9 the oldest claims first initiative. 

10 (v) Of the total number of decisions 

11 that were completed under the oldest 

12 claims first initiative— 

13 (I) the number that were Cat14 egory 1 claims and received a final 

15 rating decision; and 

16 (II) the number that were Cat17 egory 2 claims and received a provi18 sional rating decision. 

19 (vi) The number of rating decisions 

20 issued during the oldest claims first imita21 tive that involved a brokered claim, set 

22 forth by number of such claims by Re23 gional Office of the Department, includ24 ing— 


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1 (I) the number of brokered 

2 claims received by each Regional Of3 fice; and 

4 (II) the number of brokered 

5 claims issued by each Regional Office. 

6 (vii) The number of provisional rating 

7 decisions issued during the oldest claims 

8 first initiative with respect to which the 

9 veteran requested that the provisional deci10 sion become final in order to appeal. 

11 (viii) The number of provisional rating 

12 decisions issued during the oldest claims 

13 first initiative with respect to which the 

14 veteran requested an appeal after the expi15 ration of the 1-year period beginning on 

16 the date of notification of the provisional 

17 rating decision. 

18 (ix) An assessment of the accuracy of 

19 provisional rating decisions issued during 

20 the oldest claims first initiative, set forth 

21 by Category 1 claims and Category 2 

22 claims. 

23 (C) Such other matters as the Secretary 

24 considers appropriate for purposes of the re25 port. 


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1 (3) SUPPLEMENTAL INFORMATION.—If the Sec2 retary continues to obtain information on rating de3 cisions under clauses (vii) and (viii) of paragraph 

4 (2)(B) after the date of the submittal of the report 

5 required by paragraph (1), the Secretary shall sub6 mit to the committees of Congress referred to in 

7 paragraph (1) a report on such information that 

8 supplements the information on such clauses in the 

9 report under paragraph (1) when the Secretary com10 pletes accumulation of such information. 

11 (b) PLAN FOR INCREASE IN USE OF TEMPORARY OR

12 INTERMEDIATE RATING DECISIONS.— 

13 (1) REPORT ON PLAN REQUIRED.—Not later 

14 than 180 days after the date of the enactment of 

15 this Act, the Secretary shall submit to the Com16 mittee on Veterans’ Affairs of the Senate and the 

17 Committee on Veterans’ Affairs of the House of 

18 Representatives a report setting forth a plan to in19 crease the use of temporary or intermediate rating 

20 decisions to expedite benefit decisions of the Depart21 ment when the record contains sufficient evidence to 

22 grant any claim at issue, including service connec23 tion. 

24 (2) PLAN ELEMENTS.—The plan required 

25 under paragraph (1) shall include the following: 


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1 (A) Mechanisms to overcome obstacles to 

2 the use of temporary or intermediate rating de3 cisions, including mechanisms (such as up4 grades) to assure the ability of the Veterans 

5 Benefits Management System to facilitate the 

6 issuance of temporary or intermediate rating 

7 decisions. 

8 (B) Mechanisms to ensure that appropriate 

9 claimant populations, such as claimants who file 

10 complex or multi-issue disability compensation 

11 claims, benefit from the availability of tem12 porary or intermediate rating decisions. 

13 (C) Mechanisms to provide for the use of 

14 temporary or intermediate rating decisions, in15 cluding mechanisms to resolve whether a re16 quest by a claimant or claimant representative 

17 should trigger use of a temporary or inter18 mediate rating decision depending on the cir19 cumstances of the claimant. 

20 (D) Mechanisms to prevent the use of tem21 porary or intermediate rating decisions in lieu 

22 of a final rating decision when a final rating de23 cision could be made with little or no additional 

24 claim development. 


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1 (E) Such recommendations for legislative 

2 or administrative action as the Secretary con3 siders appropriate to increase the use of tem4 porary or intermediate rating decisions to expe5 dite benefit decisions of the Department. 

6 SEC. 629. REPORTS ON DEPARTMENT DISABILITY MEDICAL 

7 EXAMINATIONS AND PREVENTION OF UNNEC8 ESSARY MEDICAL EXAMINATIONS. 

9 (a) REPORT ON DISABILITY MEDICAL EXAMINA10 TIONS FURNISHED BY DEPARTMENT OF VETERANS AF11 FAIRS.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, the Sec14 retary of Veterans Affairs shall submit to the Com15 mittee on Veterans’ Affairs of the Senate and the 

16 Committee on Veterans’ Affairs of the House of 

17 Representatives a report on the furnishing of general 

18 medical and specialty medical examinations by the 

19 Department of Veterans Affairs for purposes of ad20 judicating claims for benefits under laws adminis21 tered by the Secretary. 

22 (2) CONTENTS.—The report submitted under 

23 paragraph (1) shall include the following: 

24 (A) The number of general medical exami25 nations furnished by the Department during the 


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1 period of fiscal years 2009 through 2012 for 

2 purposes of adjudicating claims for benefits 

3 under laws administered by the Secretary. 

4 (B) The number of general medical exami5 nations furnished by the Department during the 

6 period of fiscal years 2009 through 2012 for 

7 purposes of adjudicating a claim in which a 

8 comprehensive joint examination was conducted, 

9 but for which no disability relating to a joint, 

10 bone, or muscle had been asserted as an issue 

11 in the claim. 

12 (C) The number of specialty medical ex13 aminations furnished by the Department during 

14 the period of fiscal years 2009 through 2012 

15 for purposes of adjudicating a claim. 

16 (D) The number of specialty medical ex17 aminations furnished by the Department during 

18 the period of fiscal years 2009 through 2012 

19 for purposes of adjudicating a claim in which 

20 one or more joint examinations were conducted. 

21 (E) A summary with citations to any med22 ical and scientific studies that provide a basis 

23 for determining that three repetitions is ade24 quate to determine the effect of repetitive use 

25 on functional impairments. 


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1 (F) The names of all examination reports, 

2 including general medical examinations and 

3 Disability Benefits Questionnaires, used for 

4 evaluation of compensation and pension dis5 ability claims which require measurement of re6 peated ranges of motion testing and the number 

7 of examinations requiring such measurements 

8 which were conducted in fiscal year 2012. 

9 (G) The average amount of time taken by 

10 an individual conducting a medical examination 

11 to perform the three repetitions of movement of 

12 each joint. 

13 (H) A discussion of whether there are 

14 more efficient and effective scientifically reliable 

15 methods of testing for functional loss on repet16 itive use of an extremity other than the three 

17 time repetition currently used by the Depart18 ment. 

19 (I) Recommendations as to the continu20 ation of the practice of measuring functional 

21 impairment by using three repetitions of move22 ment of each joint during the examination as a 

23 criteria for evaluating the effect of repetitive 

24 motion on functional impairment with sup25 porting rationale. 


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1 (b) REPORT AND PLAN TO PREVENT THE ORDERING

2 OF UNNECESSARY MEDICAL EXAMINATIONS.— 

3 (1) IN GENERAL.—Not later than 180 days 

4 after the date of the enactment of this Act, the Sec5 retary shall submit to the Committee on Veterans’ 

6 Affairs of the Senate and the Committee on Vet7 erans’ Affairs of the House of Representatives a re8 port on the efforts of the Secretary in reducing the 

9 necessity for in-person disability examinations and 

10 other efforts to comply with the provisions of section 

11 5125 of title 38, United States Code. 

12 (2) CONTENTS.—The report required by para13 graph (1) shall include the following: 

14 (A) Criteria used by the Secretary to de15 termine if a claim is eligible for the Acceptable 

16 Clinical Evidence initiative. 

17 (B) The number of claims determined to 

18 be eligible for the Acceptable Clinical Evidence 

19 initiative during the period beginning on the 

20 date of the initiation of the initiative and end21 ing on the date of the enactment of this Act, 

22 disaggregated— 

23 (i) by fiscal year; and 

24 (ii) by claims determined eligible 

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1 dence provided by a private health care 

2 provider. 

3 (C) The total number of claims determined 

4 to be eligible for the Acceptable Clinical Evi5 dence initiative that required an employee of 

6 the Department to supplement the evidence 

7 with information obtained during a telephone 

8 interview with a claimant or health care pro9 vider. 

10 (D) Information on any other initiatives or 

11 efforts, including disability benefits question12 naires, of the Department to further encourage 

13 the use of medical evidence provided by a pri14 vate health care provider and reliance upon re15 ports of a medical examination administered by 

16 a private physician if the report is sufficiently 

17 complete to be adequate for the purposes of ad18 judicating a claim. 

19 (E) A plan— 

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

21 ordering of unnecessary medical examina22 tions when the provision by a claimant of 

23 a medical examination administered by a 

24 private physician in support of a claim for 

25 benefits under chapter 11 or 15 of title 38, 


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1 United States Code, is adequate for the 

2 purpose of making a decision on that 

3 claim; and 

4 (ii) that includes the actions the Sec5 retary will take to eliminate any request by 

6 the Department for a medical examination 

7 in the case of a claim for benefits under 

8 chapter 11 or 15 of such title in support 

9 of which a claimant submits medical evi10 dence or a medical opinion provided by a 

11 private health care provider that is com12 petent, credible, probative, and otherwise 

13 adequate for purposes of making a decision 

14 on that claim. 

15 Subtitle D—Board of Veterans’ Ap16 peals and Court of Appeals for 

17 Veterans Claims 

18 SEC. 631. DETERMINATION OF MANNER OF APPEARANCE 

19 FOR HEARINGS BEFORE BOARD OF VET20 ERANS’ APPEALS. 

21 (a) IN GENERAL.—Section 7107 is amended— 

22 (1) in subsection (a)(1), by striking ‘‘in sub23 section (f)’’ and inserting ‘‘in subsection (g)’’; 

24 (2) by redesignating subsection (f) as sub25 section (g); and 


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1 (3) by striking subsections (d) and (e) and in2 serting the following new subsections: 

3 ‘‘(d)(1) Except as provided in paragraph (2), a hear4 ing before the Board shall be conducted through picture 

5 and voice transmission, by electronic or other means, in 

6 such a manner that the appellant is not present in the 

7 same location as the members of the Board during the 

8 hearing. 

9 ‘‘(2)(A) A hearing before the Board shall be con10 ducted in person upon the request of an appellant. 

11 ‘‘(B) In the absence of a request under subparagraph 

12 (A), a hearing before the Board may also be conducted 

13 in person as the Board considers appropriate. 

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

15 is to be held as described in subsection (d)(1), the Sec16 retary shall provide suitable facilities and equipment to the 

17 Board or other components of the Department to enable 

18 an appellant located at an appropriate facility within the 

19 area served by a regional office to participate as so de20 scribed. 

21 ‘‘(2) Any hearing conducted as described in sub22 section (d)(1) shall be conducted in the same manner as, 

23 and shall be considered the equivalent of, a personal hear24 ing. 


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

2 is to be held as described in subsection (d)(2), the appel3 lant may request that the hearing be held at the principal 

4 location of the Board or at a facility of the Department 

5 located within the area served by a regional office of the 

6 Department. 

7 ‘‘(2) A hearing to be held within an area served by 

8 a regional office of the Department shall (except as pro9 vided in paragraph (3)) be scheduled to be held in accord10 ance with the place of the case on the docket under sub11 section (a) relative to other cases on the docket for which 

12 hearings are scheduled to be held within that area. 

13 ‘‘(3) A hearing to be held within an area served by 

14 a regional office of the Department may, for cause shown, 

15 be advanced on motion for an earlier hearing. Any such 

16 motion shall set forth succinctly the grounds upon which 

17 the motion is based. Such a motion may be granted only— 

18 ‘‘(A) if the case involves interpretation of law of 

19 general application affecting other claims; 

20 ‘‘(B) if the appellant is seriously ill or is under 

21 severe financial hardship; or 

22 ‘‘(C) for other sufficient cause shown.’’. 

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

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

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


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1 disagreement submitted on or after the date of the enact2 ment of this Act. 

3 TITLE VII—OUTREACH MATTERS 

4 SEC. 701. PROGRAM TO INCREASE COORDINATION OF OUT5 REACH EFFORTS BETWEEN THE DEPART6 MENT OF VETERANS AFFAIRS AND CERTAIN 

7 ELIGIBLE ENTITIES. 

8 (a) PROGRAM REQUIRED.— 

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

10 Affairs shall carry out a program to assess the feasi11 bility and advisability of using eligible entities speci12 fied in paragraph (2)— 

13 (A) to increase awareness of veterans re14 garding benefits and services for veterans; and 

15 (B) to improve coordination of outreach 

16 activities regarding such benefits and services 

17 between the Secretary and Federal, State, and 

18 local government and nonprofit providers of 

19 health care and benefit services for veterans. 

20 (2) ELIGIBLE ENTITIES SPECIFIED.—The eligi21 ble entities specified in this paragraph are the fol22 lowing: 

23 (A) State and local government agencies. 

24 (B) Nonprofit organizations. 


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1 (C) The Appalachian Regional Commis2 sion, established under section 14301(a) of title 

3 40, United States Code. 

4 (D) The Delta Regional Authority, estab5 lished under section 382B(a) of the Consoli6 dated Farm and Rural Development Act (7 

7 U.S.C. 2009aa–1(a)). 

8 (E) The Denali Commission, established 

9 under section 303 of the Denali Commission 

10 Act of 1998 (42 U.S.C. 3121 note; Public Law 

11 105–277). 

12 (F) The Northern Great Plains Regional 

13 Authority, established under section 383B(a) of 

14 the Consolidated Farm and Rural Development 

15 Act (7 U.S.C. 2009bb–1(a)). 

16 (G) The Southeast Crescent Regional 

17 Commission, the Southwest Border Regional 

18 Commission, and the Northern Border Regional 

19 Commission established under section 15301(a) 

20 of title 40, United States Code. 

21 (H) Entities described in subparagraph (I) 

22 that serve Native Americans, Alaska Natives, or 

23 native Hawaiians (as such terms are defined in 

24 section 3765 of title 38, United States Code), 


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1 regardless of whether such entities are tribal or2 ganizations (as defined in such section). 

3 (I) Commissions and development boards 

4 that are— 

5 (i) not chartered by the Federal Gov6 ernment; 

7 (ii) selected by the Secretary for pur8 poses of the program; and 

9 (iii) located in areas that present ex10 traordinary challenges to veterans, as de11 termined by the Secretary, including the 

12 following: 

13 (I) Areas in severe economic dis14 tress. 

15 (II) Areas with underdeveloped 

16 infrastructure. 

17 (III) Areas with unusual geo18 graphic characteristics, such as sepa19 ration from the mainland. 

20 (b) DURATION.—The Secretary shall carry out the 

21 program for a two-year period. 

22 (c) GRANTS.— 

23 (1) IN GENERAL.—The Secretary shall carry 

24 out the program through the competitive award of 

25 grants to eligible entities— 


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1 (A) to increase the awareness of veterans 

2 regarding benefits and services for veterans; 

3 and 

4 (B) to improve coordination of outreach 

5 activities regarding such benefits and services 

6 between the Secretary and Federal, State, and 

7 local government and nonprofit providers of 

8 health care and benefit services for veterans. 

9 (2) APPLICATION.— 

10 (A) IN GENERAL.—An eligible entity seek11 ing a grant under the program shall submit to 

12 the Secretary an application therefor in such 

13 form and in such manner as the Secretary con14 siders appropriate. 

15 (B) ELEMENTS.—Each application sub16 mitted under subparagraph (A) shall include 

17 the following: 

18 (i) A description of the consultations, 

19 if any, with the Department of Veterans 

20 Affairs in the development of any proposal 

21 under the application. 

22 (ii) A description of the project for 

23 which the applicant is seeking a grant 

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1 est extent possible, the outreach activities 

2 of Federal, State, and local government 

3 agencies that provide health care, benefits, 

4 and services for veterans and nonprofit or5 ganizations that provide such care, bene6 fits, and services to enhance the awareness 

7 and availability of such care, benefits, and 

8 services. 

9 (iii) An agreement to report to the 

10 Secretary standardized data and other per11 formance measures necessary for the Sec12 retary to evaluate the program and to fa13 cilitate evaluation of projects for which 

14 grants are awarded under the program. 

15 (iv) Such other information as the 

16 Secretary may require. 

17 (3) CONSIDERATIONS.— 

18 (A) IN GENERAL.—In awarding grants 

19 under the program to carry out projects, the 

20 Secretary shall consider— 

21 (i) where the projects will be carried 

22 out and which populations are targeted; 

23 and 


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1 (ii) the likelihood that each potential 

2 grantee will successfully carry out the 

3 grant proposal. 

4 (B) CONSIDERATIONS REGARDING LOCA5 TION AND TARGET POPULATION.—In taking the 

6 matters specified in subparagraph (A)(ii) into 

7 consideration, the Secretary shall consider in 

8 particular the advisability of awarding grants 

9 for projects— 

10 (i) carried out in areas with popu11 lations that have a high proportion of vet12 eran representation; 

13 (ii) carried out in a variety of geo14 graphic areas, including urban, rural, and 

15 highly rural areas; and 

16 (iii) that target a variety of veteran 

17 populations, including racial and ethnic mi18 norities, low-income populations, and older 

19 populations. 

20 (4) USE OF FUNDS.—The Secretary shall estab21 lish appropriate uses of grant amounts received 

22 under the program. 

23 (5) OVERSIGHT OF USE OF FUNDS.—The Sec24 retary shall establish appropriate mechanisms for 

25 oversight of the use of grant amounts received under 


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1 the program, including the evidence grantees must 

2 submit to demonstrate use of grant amounts and 

3 procedures for the recovery of grant amounts that 

4 were improperly used. 

5 (6) LIMITATION.—In a fiscal year, not more 

6 than 20 percent of all grant amounts awarded in 

7 that fiscal year may be awarded to a single State en8 tity. 

9 (d) STATE MATCHING REQUIREMENT.—The Sec10 retary may not make a grant to a State under subsection 

11 (c) unless that State agrees that, with respect to the costs 

12 to be incurred by the State in carrying out the program 

13 or projects for which the grant was awarded, the State 

14 will make available (directly or through donations from 

15 public or private entities) non-Federal contributions in an 

16 amount equal to 50 percent of Federal funds provided 

17 under the grant. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 hereby authorized to be appropriated to carry out this sec20 tion the following: 

21 (1) $2,500,000 for fiscal year 2015. 

22 (2) $2,500,000 for fiscal year 2016. 

23 (f) ANNUAL REPORT.— 

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

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1 ning after the date of the commencement of the pro2 gram, and not less frequently than once every year 

3 thereafter for the duration of the program, the Sec4 retary shall submit to Congress a report evaluating 

5 the program and the projects supported by grants 

6 awarded under the program. 

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

9 (A) The findings and conclusions of the 

10 Secretary with respect to the program. 

11 (B) An assessment of the benefit to vet12 erans of the program. 

13 (C) The performance measures used by the 

14 Secretary for purposes of the program and data 

15 showing the performance of grantees under the 

16 program under such measures. 

17 (D) The recommendations of the Secretary 

18 as to the feasibility and advisability of con19 tinuing or expanding or modifying the program. 

20 (g) EFFECTIVE DATE.—This section shall take effect 

21 on the date that is one year after the date of the enact22 ment of this Act. 


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1 SEC. 702. COOPERATIVE AGREEMENTS BETWEEN SEC2 RETARY OF VETERANS AFFAIRS AND STATES 

3 ON OUTREACH ACTIVITIES. 

4 (a) IN GENERAL.—Chapter 63 is amended by insert5 ing after section 6306 the following new section: 

6 ‘‘§ 6306A. Cooperative agreements with States 

7 ‘‘(a) IN GENERAL.—The Secretary may enter into co8 operative agreements and arrangements with various 

9 State agencies and State departments to carry out this 

10 chapter and to otherwise carry out, coordinate, improve, 

11 or enhance outreach activities of the Department and the 

12 States. 

13 ‘‘(b) REPORT.—The Secretary shall include in each 

14 report submitted under section 6308 of this title a descrip15 tion of the agreements and arrangements entered into by 

16 the Secretary under subsection (a).’’. 

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

18 at the beginning of chapter 63 is amended by inserting 

19 after the item relating to section 6306 the following new 

20 item: 

‘‘6306A. Cooperative agreements with States.’’. 

21 SEC. 703. ADVISORY COMMITTEE ON OUTREACH ACTIVI22 TIES OF DEPARTMENT OF VETERANS AF23 FAIRS. 

24 (a) ESTABLISHMENT.—Not later than 180 days after 

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


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1 Veterans Affairs shall establish an advisory committee on 

2 outreach activities of the Department of Veterans Affairs. 

3 (b) MEMBERSHIP.—The advisory committee shall be 

4 composed of individuals selected by the Secretary from 

5 among the following: 

6 (1) To the maximum extent practicable, individ7 uals who are eminent in their respective fields of 

8 public relations. 

9 (2) Representatives of organizations with offices 

10 that focus on communications and distribute mes11 sages through major media news outlets and social 

12 media. 

13 (3) To the maximum extent practicable, individ14 uals with experience communicating financial results 

15 and business strategy for purposes of shaping a con16 fident brand image. 

17 (4) To the maximum extent practicable, individ18 uals with experience with consumer and lifestyle im19 aging and creating publicity for a particular product 

20 or service. 

21 (5) To the maximum extent practicable, vet22 erans who have experience in press and public rela23 tions. 


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1 (c) DUTIES.—The advisory committee shall advise 

2 the Assistant Secretary for Public and Intergovernmental 

3 Affairs— 

4 (1) to ensure that the Department of Veterans 

5 Affairs is strategically and effectively— 

6 (A) engaging the public and Department 

7 stakeholders to increase awareness nationally 

8 regarding all benefits and services furnished by 

9 the Department; 

10 (B) explaining new or changing policies of 

11 the Department; 

12 (C) improving the image and reputation of 

13 the Department; and 

14 (D) coordinating and collaborating with 

15 national community-based organizations, non16 profits, and State and local government agen17 cies; 

18 (2) to assist the Secretary in conducting such 

19 other press or public relations activities relating to 

20 outreach activities of the Department as the Sec21 retary and the Assistant Secretary for Public and 

22 Intergovernmental Affairs consider appropriate; and 

23 (3) to ensure coordination and collaboration on 

24 efforts within the Department for the development, 


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1 implementation, and review of local outreach with 

2 respect to benefits that include the following: 

3 (A) Compensation and pension benefits. 

4 (B) Insurance benefits. 

5 (C) Burial and memorial benefits. 

6 (D) Education benefits. 

7 (E) Vocational rehabilitation and employ8 ment benefits. 

9 (F) Readjustment counseling benefits. 

10 (G) Loan guarantee benefits. 

11 (H) Such other benefits as the Secretary 

12 considers appropriate. 

13 (d) LOCATION OF MEETINGS.—Each meeting of the 

14 advisory committee shall take place at a location that is 

15 property of the Department and shall, to the maximum 

16 extent practicable, use teleconference technology. 

17 (e) CONSULTATION.—The Secretary shall consult 

18 with and seek the advice of the advisory committee not 

19 less frequently than quarterly on matters relating to the 

20 duties of the advisory committee under subsection (c). 

21 (f) REPORTS.— 

22 (1) IN GENERAL.—Not less frequently than 

23 once every 90 days for the first year and semiannu24 ally thereafter, the advisory committee shall submit 


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1 to Congress and to the Secretary a report on out2 reach activities of the Department. 

3 (2) RECOMMENDATIONS.—Each report sub4 mitted under paragraph (1) shall include such rec5 ommendations for legislative and administrative ac6 tion as the advisory committee considers appropriate 

7 to improve the press and public relations of the De8 partment relating to outreach. 

9 (g) TERMINATION.—The advisory committee shall 

10 terminate on October 1, 2015, and the requirements and 

11 authorities under this section shall terminate on such date. 

12 (h) OUTREACH DEFINED.—In this section, the term 

13 ‘‘outreach’’ has the meaning given the term in section 

14 6301 of title 38, United States Code. 

15 SEC. 704. ADVISORY BOARDS ON OUTREACH ACTIVITIES OF 

16 DEPARTMENT OF VETERANS AFFAIRS RELAT17 ING TO HEALTH CARE. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—For each entity described in 

20 paragraph (2), the Secretary of Veterans Affairs 

21 shall, acting through the director of that entity, es22 tablish not later than 180 days after the effective 

23 date specified in subsection (h) an advisory board at 

24 that entity on matters relating to outreach activities 


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1 of the Department of Veterans Affairs at that enti2 ty. 

3 (2) ENTITY DESCRIBED.—An entity described 

4 in this paragraph is— 

5 (A) a healthcare system of the Depart6 ment; or 

7 (B) a Veterans Integrated System Net8 work, if such Veterans Integrated System Net9 work does not contain a healthcare system. 

10 (b) MEMBERSHIP.— 

11 (1) IN GENERAL.—Each advisory board estab12 lished under subsection (a)(1) shall be, to the max13 imum extent practicable, composed of individuals se14 lected by the Secretary from among the following: 

15 (A) Individuals who are eminent in their 

16 respective fields of public relations. 

17 (B) Representatives of organizations with 

18 offices that focus on communications and dis19 tribute messages through major media news 

20 outlets and social media. 

21 (C) Individuals with experience commu22 nicating financial results and business strategy 

23 for purposes of shaping a confident brand 

24 image. 


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1 (D) Individuals with experience with con2 sumer and lifestyle imaging and creating pub3 licity for a particular product or service. 

4 (E) Employees of the Department who are 

5 involved in press and public relations strategy 

6 for an entity described in subsection (a)(2). 

7 (F) To the maximum extent practicable, 

8 veterans who have experience in press and pub9 lic relations. 

10 (2) VOLUNTARY PARTICIPATION.—The partici11 pation of an individual selected under paragraph (1) 

12 shall be at the election of the individual. 

13 (c) DUTIES.—Each advisory board established under 

14 subsection (a)(1) at an entity described in subsection 

15 (a)(2) shall advise the Assistant Secretary for Public and 

16 Intergovernmental Affairs— 

17 (1) to ensure that the Department of Veterans 

18 Affairs is strategically and effectively— 

19 (A) engaging the public and Department 

20 stakeholders to increase awareness nationally 

21 regarding benefits and services furnished by the 

22 Department; 

23 (B) explaining new or changing policies of 

24 the Department; 


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1 (C) improving the image and reputation of 

2 the Department; 

3 (D) coordinating and collaborating with 

4 national community-based organizations, non5 profits, and State and local government agen6 cies; and 

7 (E) coordinating and collaborating on ef8 forts within the Department for the develop9 ment, implementation, and review of local out10 reach with respect to benefits that include— 

11 (i) compensation and pension benefits; 

12 (ii) insurance benefits; 

13 (iii) burial and memorial benefits; 

14 (iv) education benefits; 

15 (v) vocational rehabilitation and em16 ployment benefits; 

17 (vi) readjustment counseling benefits; 

18 (vii) loan guarantee benefits; and 

19 (viii) such other benefits as the Sec20 retary considers appropriate; and 

21 (2) to assist the director of that entity in con22 ducting such other press or public relations activities 

23 relating to outreach activities of the Department as 

24 that advisory board considers appropriate. 

25 (d) MEETING LOCATION.— 


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1 (1) IN GENERAL.—If teleconference technology 

2 is not used, meetings of each advisory board estab3 lished under subsection (a)(1) shall be held at a lo4 cation that is property of the Department. 

5 (2) TELECONFERENCE TECHNOLOGY.—Each 

6 advisory board shall use, to the maximum extent 

7 practicable, teleconference technology. 

8 (e) CONSULTATION.—Each director of an entity de9 scribed in subsection (a)(2) shall consult with and seek 

10 the advice of the advisory board established at such entity 

11 not less frequently than once every two months on matters 

12 relating to the duties of the advisory board under sub13 section (c). 

14 (f) ANNUAL REPORTS.—Not less frequently than 

15 each year, each advisory board established under sub16 section (a)(1) shall submit to the Secretary a report with 

17 such information as may be beneficial to the Secretary in 

18 preparing the reports required by section 6308 of title 38, 

19 United States Code. 

20 (g) TERMINATION.—Each advisory board established 

21 under subsection (a)(1) and the authorities and require22 ments of this section shall terminate three years after the 

23 effective date specified in subsection (h). 


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1 (h) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is one year after the date of the enact3 ment of this Act. 

4 SEC. 705. MODIFICATION OF REQUIREMENT FOR PERIODIC 

5 REPORTS TO CONGRESS ON OUTREACH AC6 TIVITIES OF DEPARTMENT OF VETERANS AF7 FAIRS. 

8 (a) IN GENERAL.—Section 6308 is amended— 

9 (1) in subsection (a), by striking ‘‘even-num10 bered’’; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by striking ‘‘bien13 nial’’; 

14 (B) in paragraph (2), by inserting ‘‘for leg15 islative and administrative action’’ after ‘‘Rec16 ommendations’’; and 

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

18 paragraph: 

19 ‘‘(3) Recommendations that such administrative 

20 actions as may be taken— 

21 ‘‘(A) to maximize resources for outreach 

22 activities of the Department; and 

23 ‘‘(B) to focus outreach efforts on activities 

24 that are proven to be more effective.’’. 

25 (b) CLERICAL AMENDMENTS.— 


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1 (1) SECTION HEADING.—The heading for sec2 tion 6308 is amended by striking ‘‘Biennial’’ and 

3 inserting ‘‘Annual’’. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of chapter 63 is amended by strik6 ing the item relating to section 6308 and inserting 

7 the following new item: 

‘‘6308. Annual report to Congress.’’. 

8 SEC. 706. BUDGET TRANSPARENCY FOR OUTREACH ACTIVI9 TIES OF DEPARTMENT OF VETERANS AF10 FAIRS. 

11 (a) IN GENERAL.—Chapter 63 is amended by insert12 ing after section 6308 the following new section: 

13 ‘‘§ 6309. Budget transparency 

14 ‘‘(a) BUDGET REQUIREMENTS.—In the budget jus15 tification materials submitted to Congress in support of 

16 the Department budget for a fiscal year (as submitted 

17 with the budget of the President under section 1105(a) 

18 of title 31), the Secretary shall include a separate state19 ment of the amount requested for such fiscal year for ac20 tivities of the Office of Public and Intergovernmental Af21 fairs as follows: 

22 ‘‘(1) For outreach activities of the Department 

23 in aggregate. 

24 ‘‘(2) For outreach activities of each element of 

25 the Department specified in subsection (b)(1). 


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1 ‘‘(b) PROCEDURES FOR EFFECTIVE COORDINATION

2 AND COLLABORATION.—(1) Not later than 180 days after 

3 the date of the enactment of the Restoring Veterans Trust 

4 Act of 2014, the Secretary shall establish and maintain 

5 procedures for the Office of Public and Intergovernmental 

6 Affairs to ensure the effective coordination and collabora7 tion of outreach activities of the Department between and 

8 among the following: 

9 ‘‘(A) Office of the Secretary. 

10 ‘‘(B) Veterans Health Administration. 

11 ‘‘(C) Veterans Benefits Administration. 

12 ‘‘(D) National Cemetery Administration. 

13 ‘‘(2) The Secretary shall— 

14 ‘‘(A) beginning after the date on which the Sec15 retary establishes procedures under paragraph (1), 

16 not less frequently than once every two years con17 duct a review of the procedures established and 

18 maintained under paragraph (1) to ensure that such 

19 procedures meet the requirements of such para20 graph; 

21 ‘‘(B) make such modifications to such proce22 dures as the Secretary considers appropriate based 

23 upon reviews conducted under subparagraph (A) in 

24 order to better meet such requirements; and 


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1 ‘‘(C) not later than 45 days after completing a 

2 review under subparagraph (A), submit to Congress 

3 a report on the findings of such review.’’. 

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

5 at the beginning of chapter 63 is amended by inserting 

6 after the item relating to section 6308 the following new 

7 item: 

‘‘6309. Budget transparency.’’. 

8 TITLE VIII—ENHANCEMENT OF 

9 RIGHTS UNDER SERVICE10 MEMBERS CIVIL RELIEF ACT 

11 SEC. 801. MODIFICATION OF PERIOD DETERMINING WHICH 

12 ACTIONS ARE COVERED UNDER STAY OF 

13 PROCEEDINGS AND ADJUSTMENT OF OBLI14 GATION PROTECTIONS CONCERNING MORT15 GAGES AND TRUST DEEDS OF MEMBERS OF 

16 UNIFORMED SERVICES. 

17 (a) IN GENERAL.—Section 303(b) of the 

18 Servicemembers Civil Relief Act (50 U.S.C. App. 533(b)) 

19 is amended by striking ‘‘filed’’ and inserting ‘‘pending’’. 

20 (b) CONFORMING AMENDMENTS.—Section 710(d) of 

21 the Honoring America’s Veterans and Caring for Camp 

22 Lejeune Families Act of 2012 (Public Law 112–154; 126 

23 Stat. 1208) is amended— 

24 (1) by striking paragraph (1) and inserting the 

25 following new paragraph (1): 


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1 ‘‘(1) SUNSET AND REVIVAL.— 

2 ‘‘(A) IN GENERAL.—Subsections (b) and 

3 (c) of section 303 of the Servicemembers Civil 

4 Relief Act (50 U.S.C. App. 533), as amended 

5 by subsections (a) and (b) of this section, are 

6 amended by striking ‘within one year’ each 

7 place it appears and inserting ‘within 90 days’. 

8 ‘‘(B) EFFECTIVE DATE.—The amendments 

9 made by subparagraph (A) shall take effect on 

10 January 1, 2015.’’; and 

11 (2) by striking paragraph (3). 

12 SEC. 802. PROTECTIONS FOR MEMBERS OF UNIFORMED 

13 SERVICES REGARDING PROFESSIONAL LI14 CENSES. 

15 (a) IN GENERAL.—Title VII of the Servicemembers 

16 Civil Relief Act (50 U.S.C. App. 701 et seq.) is amended 

17 by adding at the end the following new section: 

18 ‘‘SEC. 707. PROFESSIONAL LICENSES. 

19 ‘‘(a) EXPIRATION DURING PERIOD IN WHICH

20 SERVICEMEMBERS ARE ELIGIBLE FOR HOSTILE FIRE OR

21 IMMINENT DANGER SPECIAL PAY.—If a license issued by 

22 a State or local licensing authority to a servicemember 

23 would otherwise expire during a period in which such serv24 icemember is eligible for hostile fire or imminent danger 

25 special pay under section 310 of title 37, United States 


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1 Code, such State or local licensing authority shall delay 

2 the expiration of such license until not earlier than the 

3 date that is 180 days after the date on which such period 

4 of eligibility ends. 

5 ‘‘(b) CONTINUING EDUCATION REQUIREMENTS DUR6 ING PERIOD IN WHICH SERVICEMEMBERS ARE ELIGIBLE

7 FOR HOSTILE FIRE OR IMMINENT DANGER SPECIAL

8 PAY.—If a State or local licensing authority otherwise re9 quires a servicemember to meet any continuing education 

10 requirements to maintain a license for a trade or profes11 sion during a period in which such servicemember is eligi12 ble for hostile fire or imminent danger special pay under 

13 section 310 of title 37, United States Code, such State 

14 or local licensing authority shall delay such continuing 

15 education requirement until not earlier than the date that 

16 is 180 days after the date on which such period of eligi17 bility ends.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of such Act (50 U.S.C. App. 501(b)) is 

20 amended by inserting after the item relating to section 

21 706 the following new item: 

‘‘Sec. 707. Professional licenses and certifications.’’. 

22 SEC. 803. PROHIBITION ON DENIAL OF CREDIT BECAUSE 

23 OF ELIGIBILITY FOR PROTECTION. 

24 Section 108 of the Servicemembers Civil Relief Act 

25 (50 U.S.C. App. 518) is amended— 


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1 (1) by striking ‘‘Application by’’ and inserting 

2 the following: 

3 ‘‘(a) APPLICATION OR RECEIPT.—Application by’’; 

4 and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(b) ELIGIBILITY.— 

8 ‘‘(1) IN GENERAL.—In addition to the protec9 tions under subsection (a), an individual who is enti10 tled to any right or protection provided under this 

11 Act may not be denied or refused credit or be sub12 ject to any other action described under paragraphs 

13 (1) through (6) of subsection (a) solely by reason of 

14 such entitlement. 

15 ‘‘(2) CONSTRUCTION.—Nothing in this sub16 section shall be construed to prohibit a lender from 

17 considering all relevant factors, other than the enti18 tlement of an individual to a right or protection pro19 vided under this Act, in making a determination as 

20 to whether it is appropriate to extend credit.’’. 


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1 SEC. 804. INTEREST RATE LIMITATION ON DEBT ENTERED 

2 INTO DURING MILITARY SERVICE TO CON3 SOLIDATE OR REFINANCE STUDENT LOANS 

4 INCURRED BEFORE MILITARY SERVICE. 

5 (a) IN GENERAL.—Subsection (a) of section 207 of 

6 the Servicemembers Civil Relief Act (50 U.S.C. App. 527) 

7 is amended— 

8 (1) in paragraph (1), by inserting ‘‘ON DEBT

9 INCURRED BEFORE SERVICE’’ after ‘‘LIMITATION TO

10 6 PERCENT’’; 

11 (2) by redesignating paragraphs (2) and (3) as 

12 paragraphs (3) and (4), respectively; 

13 (3) by inserting after paragraph (1) the fol14 lowing new paragraph (2): 

15 ‘‘(2) LIMITATION TO 6 PERCENT ON DEBT IN16 CURRED DURING SERVICE TO CONSOLIDATE OR RE17 FINANCE STUDENT LOANS INCURRED BEFORE SERV18 ICE.—An obligation or liability bearing interest at a 

19 rate in excess of 6 percent per year that is incurred 

20 by a servicemember, or the servicemember and the 

21 servicemember’s spouse jointly, during military serv22 ice to consolidate or refinance one or more student 

23 loans incurred by the servicemember before such 

24 military service shall not bear an interest at a rate 

25 in excess of 6 percent during the period of military 

26 service.’’; 


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1 (4) in paragraph (3), as redesignated by para2 graph (2) of this subsection, by inserting ‘‘or (2)’’ 

3 after ‘‘paragraph (1)’’; and 

4 (5) in paragraph (4), as so redesignated, by 

5 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph 

6 (3)’’. 

7 (b) IMPLEMENTATION OF LIMITATION.—Subsection 

8 (b) of such section is amended— 

9 (1) in paragraph (1), by striking ‘‘the interest 

10 rate limitation in subsection (a)’’ and inserting ‘‘an 

11 interest rate limitation in paragraph (1) or (2) of 

12 subsection (a)’’; and 

13 (2) in paragraph (2)— 

14 (A) in the paragraph heading, by striking 

15 ‘‘AS OF DATE OF ORDER TO ACTIVE DUTY’’; and 

16 (B) by inserting before the period at the 

17 end the following: ‘‘in the case of an obligation 

18 or liability covered by subsection (a)(1), or as of 

19 the date the servicemember (or servicemember 

20 and spouse jointly) incurs the obligation or li21 ability concerned under subsection (a)(2)’’. 

22 (c) STUDENT LOAN DEFINED.—Subsection (d) of 

23 such section is amended by adding at the end the following 

24 new paragraph: 


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1 ‘‘(3) STUDENT LOAN.—The term ‘student loan’ 

2 means the following: 

3 ‘‘(A) A Federal student loan made, in4 sured, or guaranteed under title IV of the 

5 Higher Education Act of 1965 (20 U.S.C. 1070 

6 et seq.). 

7 ‘‘(B) A private student loan as that term 

8 is defined in section 140(a) of the Truth in 

9 Lending Act (15 U.S.C. 1650(a)).’’. 

10 SEC. 805. TERMINATION OF RESIDENTIAL LEASES AFTER 

11 ASSIGNMENT OR RELOCATION TO QUARTERS 

12 OF UNITED STATES OR HOUSING FACILITY 

13 UNDER JURISDICTION OF UNIFORMED SERV14 ICE. 

15 (a) TERMINATION OF RESIDENTIAL LEASES.— 

16 (1) IN GENERAL.—Section 305 of the 

17 Servicemembers Civil Relief Act (50 U.S.C. App. 

18 535) is amended— 

19 (A) in subsection (a)(1)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘or’’ at the end; 

22 (ii) in subparagraph (B), by striking 

23 the period at the end and inserting ‘‘; or’’; 

24 and 


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1 (iii) by adding at the end the fol2 lowing new subparagraph: 

3 ‘‘(C) in the case of a lease described in 

4 subsection (b)(1) and subparagraph (C) of such 

5 subsection, the date the lessee is assigned to or 

6 otherwise relocates to quarters or a housing fa7 cility as described in such subparagraph.’’; and 

8 (B) in subsection (b)(1)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘or’’ at the end; 

11 (ii) in subparagraph (B), by striking 

12 the period at the end and inserting ‘‘; or’’; 

13 and 

14 (iii) by adding at the end the fol15 lowing new subparagraph: 

16 ‘‘(C) the lease is executed by or on behalf 

17 of a person who thereafter and during the term 

18 of the lease is assigned to or otherwise relocates 

19 to quarters of the United States or a housing 

20 facility under the jurisdiction of a uniformed 

21 service (as defined in section 101 of title 37, 

22 United States Code), including housing pro23 vided under the Military Housing Privatization 

24 Initiative.’’. 


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1 (2) MANNER OF TERMINATION.—Subsection 

2 (c)(1) of such section is amended— 

3 (A) in subparagraph (A)— 

4 (i) by inserting ‘‘in the case of a lease 

5 described in subsection (b)(1) and sub6 paragraph (A) or (B) of such subsection,’’ 

7 before ‘‘by delivery’’; and 

8 (ii) by striking ‘‘and’’ at the end; 

9 (B) by redesignating subparagraph (B) as 

10 subparagraph (C); and 

11 (C) by inserting after subparagraph (A) 

12 the following new subparagraph (B): 

13 ‘‘(B) in the case of a lease described in 

14 subsection (b)(1) and subparagraph (C) of such 

15 subsection, by delivery by the lessee of written 

16 notice of such termination, and a letter from 

17 the servicemember’s commanding officer indi18 cating that the servicemember has been as19 signed to or is otherwise relocating to quarters 

20 of the United States or a housing facility under 

21 the jurisdiction of a uniformed service (as de22 fined in section 101 of title 37, United States 

23 Code), to the lessor (or the lessor’s grantee), or 

24 to the lessor’s agent (or the agent’s grantee); 

25 and’’. 


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1 (b) DEFINITION OF MILITARY ORDERS AND CONTI2 NENTAL UNITED STATES FOR PURPOSES OF ACT.— 

3 (1) TRANSFER OF DEFINITIONS.—Such Act is 

4 further amended by transferring paragraphs (1) and 

5 (2) of section 305(i) (50 U.S.C. App. 535(i)) to the 

6 end of section 101 (50 U.S.C. App. 511) and redes7 ignating such paragraphs, as so transferred, as 

8 paragraphs (10) and (11). 

9 (2) CONFORMING AMENDMENTS.—Such Act is 

10 further amended— 

11 (A) in section 305 (50 U.S.C. App. 535), 

12 as amended by paragraph (1), by striking sub13 section (i); and 

14 (B) in section 705 (50 U.S.C. App. 595), 

15 by striking ‘‘or naval’’ both places it appears. 

16 SEC. 806. PROTECTION OF SURVIVING SPOUSE WITH RE17 SPECT TO MORTGAGE FORECLOSURE. 

18 (a) IN GENERAL.—Title III of the Servicemembers 

19 Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended 

20 by inserting after section 303 (50 U.S.C. App. 533) the 

21 following new section: 

22 ‘‘SEC. 303A. PROTECTION OF SURVIVING SPOUSE WITH RE23 SPECT TO MORTGAGE FORECLOSURE. 

24 ‘‘(a) IN GENERAL.—Subject to subsection (b), with 

25 respect to a servicemember who dies while in military servVerDate Mar 15 2010 02:33 Jun 04, 2014 Jkt 039200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\S2413.IS S2413

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1 ice and who has a surviving spouse who is the 

2 servicemember’s successor in interest to property covered 

3 under section 303(a), section 303 shall apply to the sur4 viving spouse with respect to that property during the one5 year period beginning on the date of such death in the 

6 same manner as if the servicemember had not died. 

7 ‘‘(b) NOTICE REQUIRED.— 

8 ‘‘(1) IN GENERAL.—To be covered under this 

9 section with respect to property, a surviving spouse 

10 shall submit written notice that such surviving 

11 spouse is so covered to the mortgagee, trustee, or 

12 other creditor of the mortgage, trust deed, or other 

13 security in the nature of a mortgage with which the 

14 property is secured. 

15 ‘‘(2) TIME.—Notice provided under paragraph 

16 (1) shall be provided with respect to a surviving 

17 spouse anytime during the one-year period beginning 

18 on the date of death of the servicemember with re19 spect to whom the surviving spouse is to receive cov20 erage under this section. 

21 ‘‘(3) ADDRESS.—Notice provided under para22 graph (1) with respect to property shall be provided 

23 via e-mail, facsimile, standard post, or express mail 

24 to facsimile numbers and addresses, as the case may 

25 be, designated by the servicer of the mortgage, trust 


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1 deed, or other security in the nature of a mortgage 

2 with which the property is secured. 

3 ‘‘(4) MANNER.—Notice provided under para4 graph (1) shall be provided in writing by using a 

5 form designed under paragraph (5) or submitting a 

6 copy of a Department of Defense or Department of 

7 Veterans Affairs document evidencing the military 

8 service-related death of a spouse while in military 

9 service. 

10 ‘‘(5) OFFICIAL FORMS.—The Secretary of De11 fense shall design and distribute an official Depart12 ment of Defense form that can be used by an indi13 vidual to give notice under paragraph (1).’’. 

14 (b) EFFECTIVE DATE.—Section 303A of such Act, 

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

16 deaths that occur on or after the date of the enactment 

17 of this Act. 

18 (c) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of such Act (50 U.S.C. App. 501) is 

20 amended by inserting after the item relating to section 

21 303 the following new item: 

‘‘Sec. 303A. Protection of surviving spouse with respect to mortgage foreclosure.’’. 


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1 SEC. 807. IMPROVED PROTECTION OF MEMBERS OF UNI2 FORMED SERVICES AGAINST DEFAULT JUDG3 MENTS. 

4 (a) MODIFICATION OF PLAINTIFF AFFIDAVIT FILING

5 REQUIREMENT.—Paragraph (1) of section 201(b) of the 

6 Servicemembers Civil Relief Act (50 U.S.C. App. 521(b)) 

7 is amended— 

8 (1) by redesignating subparagraphs (A) and 

9 (B) as clauses (i) and (ii), respectively, and indent10 ing such clauses two ems to the right; 

11 (2) in the matter before clause (i), as redesig12 nated by paragraph (1), by striking ‘‘In any’’ and 

13 inserting the following: 

14 ‘‘(A) IN GENERAL.—In any’’; and 

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

17 ‘‘(B) DUE DILIGENCE.—Before filing the 

18 affidavit, the plaintiff shall conduct a diligent 

19 and reasonable investigation to determine 

20 whether or not the defendant is in military 

21 service, including a search of available records 

22 of the Department of Defense and any other in23 formation reasonably available to the plaintiff. 

24 The affidavit shall set forth all steps taken to 

25 determine the defendant’s military status and 

26 shall have attached copies of the records on 


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1 which the plaintiff relied in drafting the affi2 davit.’’. 

3 (b) APPOINTMENT OF ATTORNEY TO REPRESENT

4 DEFENDANT IN MILITARY SERVICE.—Paragraph (2) of 

5 such section (50 U.S.C. App. 521(b)) is amended— 

6 (1) by striking ‘‘If in an action’’ and inserting 

7 the following: 

8 ‘‘(A) IN GENERAL.—If in an action’’; 

9 (2) in subparagraph (A), as designated by para10 graph (1), by striking ‘‘If an attorney’’ and inserting 

11 the following: 

12 ‘‘(C) LIMITATIONS ON APPOINTED ATTOR13 NEY.—If an attorney’’; 

14 (3) by inserting after subparagraph (A), as des15 ignated by paragraph (1), the following new sub16 paragraph: 

17 ‘‘(B) DUE DILIGENCE.—If the court ap18 points an attorney to represent the defendant— 

19 ‘‘(i) the attorney shall conduct a dili20 gent and reasonable investigation to deter21 mine whether or not the defendant is in 

22 military service, including a search of 

23 available records of the Department of De24 fense and any other information reasonably 

25 available to the attorney; and 


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1 ‘‘(ii) the plaintiff shall submit to the 

2 attorney such information as the plaintiff 

3 may have concerning the whereabouts or 

4 identity of the defendant.’’; and 

5 (4) by adding at the end the following new sub6 paragraph: 

7 ‘‘(D) TREATMENT OF ATTORNEYS FEES.— 

8 The reasonable fees of an attorney appointed to 

9 represent a servicemember shall be treated as 

10 costs of court for court cost purposes, unless 

11 the creditor seeks relief from such charges from 

12 the court.’’. 

13 SEC. 808. CLARIFICATION REGARDING APPLICATION OF 

14 ENFORCEMENT AUTHORITY OF ATTORNEY 

15 GENERAL AND PRIVATE RIGHT OF ACTION 

16 UNDER SERVICEMEMBERS CIVIL RELIEF 

17 ACT. 

18 Sections 801 and 802 of the Servicemembers Civil 

19 Relief Act (50 U.S.C. App. 597 and 597a) shall apply as 

20 if such sections were included in the enactment of the Sol21 diers’ and Sailors’ Civil Relief Act of 1940 (54 Stat. 1178, 

22 chapter 888) and included in the restatement of such Act 

23 in Public Law 108–189. 


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1 SEC. 809. CLERICAL AMENDMENTS. 

2 (a) IN GENERAL.—The heading for section 305 of 

3 the Servicemembers Civil Relief Act (50 U.S.C. App. 535) 

4 is amended by striking ‘‘RESIDENTIAL OR MOTOR VE5 HICLE LEASES’’ and inserting ‘‘LEASES OF PREMISES

6 OCCUPIED AND MOTOR VEHICLES USED’’. 

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

8 section 1(b) of such Act (50 U.S.C. App. 501(b)) is 

9 amended by striking the item relating to section 305 and 

10 inserting the following new item: 

‘‘Sec. 305. Termination of leases of premises occupied and motor vehicles 

used.’’. 

11 TITLE IX—OTHER MATTERS 

12 SEC. 901. REPEAL OF CERTAIN REDUCTIONS MADE BY BI13 PARTISAN BUDGET ACT OF 2013. 

14 (a) ADJUSTMENT OF RETIREMENT PAY.—Section 

15 403 of the Bipartisan Budget Act of 2013 (Public Law 

16 113–67) is repealed as of the date of the enactment of 

17 such Act. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) APPLICABILITY TO DISABILITY AND SUR20 VIVOR BENEFITS.—Title X of the Department of 

21 Defense Appropriations Act, 2014 (division C of 

22 Public Law 113–76) is repealed. 


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1 (2) APPLICABILITY TO MEMBERS OF THE

2 ARMED FORCES WHO JOINED AFTER JANUARY 1, 

3 2014.—Section 2 of Public Law 113–82 is repealed. 

4 SEC. 902. CONSIDERATION BY SECRETARY OF VETERANS 

5 AFFAIRS OF RESOURCES DISPOSED OF FOR 

6 LESS THAN FAIR MARKET VALUE BY INDIVID7 UALS APPLYING FOR PENSION. 

8 (a) VETERANS.—Section 1522 is amended— 

9 (1) in subsection (a)— 

10 (A) by inserting ‘‘(1)’’ before ‘‘The Sec11 retary’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2)(A) If a veteran otherwise eligible for payment 

15 of pension under section 1513 or 1521 of this title or the 

16 spouse of such veteran disposes of covered resources for 

17 less than fair market value on or after the look-back date 

18 described in subparagraph (C)(i), the Secretary shall deny 

19 or discontinue the payment of pension to such veteran 

20 under section 1513 or 1521 of this title, as the case may 

21 be, for months during the period beginning on the date 

22 described in subparagraph (D) and equal to the number 

23 of months calculated as provided in subparagraph (E). 

24 ‘‘(B)(i) For purposes of this paragraph, a covered re25 source is any resource that was a part of the corpus of 


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1 the estate of the veteran or, if the veteran has a spouse, 

2 the corpus of the estates of the veteran and of the vet3 eran’s spouse, that the Secretary considers that under all 

4 the circumstances, if the veteran or spouse had not dis5 posed of such resource, it would be reasonable that the 

6 resource (or some portion of the resource) be consumed 

7 for the veteran’s maintenance. 

8 ‘‘(ii) For purposes of this paragraph, the Secretary 

9 may consider, in accordance with regulations the Sec10 retary shall prescribe, a transfer of an asset (including a 

11 transfer of an asset to an annuity, trust, or other financial 

12 instrument or investment) a disposal of a covered resource 

13 for less than fair market value if such transfer reduces 

14 the amount in the corpus of the estate of the veteran or, 

15 if the veteran has a spouse, the corpus of the estates of 

16 the veteran and of the veteran’s spouse, that the Secretary 

17 considers, under all the circumstances, would be reason18 able to be consumed for the veteran’s maintenance. 

19 ‘‘(C)(i) The look-back date described in this clause 

20 is a date that is 36 months before the date described in 

21 clause (ii). 

22 ‘‘(ii) The date described in this clause is the date on 

23 which the veteran applies for pension under section 1513 

24 or 1521 of this title or, if later, the date on which the 


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1 veteran (or the spouse of the veteran) disposes of covered 

2 resources for less than fair market value. 

3 ‘‘(D) The date described in this subparagraph is the 

4 first day of the first month in or after which covered re5 sources were disposed of for less than fair market value 

6 and which does not occur in any other period of ineligi7 bility under this paragraph. 

8 ‘‘(E) The number of months calculated under this 

9 subparagraph shall be equal to— 

10 ‘‘(i) the total, cumulative uncompensated value 

11 of the portion of covered resources so disposed of by 

12 the veteran (or the spouse of the veteran) on or 

13 after the look-back date described in subparagraph 

14 (C)(i) that the Secretary determines would reason15 ably have been consumed for the veteran’s mainte16 nance; divided by 

17 ‘‘(ii) the maximum amount of monthly pension 

18 that is payable to a veteran under section 1513 or 

19 1521 of this title, including the maximum amount of 

20 increased pension payable under such sections on ac21 count of family members, but not including any 

22 amount of pension payable under such sections be23 cause a veteran is in need of regular aid and attend24 ance or is permanently housebound, 


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1 rounded down, in the case of any fraction, to the nearest 

2 whole number, but shall not in any case exceed 36 

3 months.’’; 

4 (2) in subsection (b)— 

5 (A) by inserting ‘‘(1)’’ before ‘‘The Sec6 retary’’; and 

7 (B) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2)(A) If a veteran otherwise eligible for payment 

10 of increased pension under subsection (c), (d), (e), or (f) 

11 of section 1521 of this title on account of a child, the 

12 spouse of the veteran, or the child disposes of covered re13 sources for less than fair market value on or after the 

14 look-back date described in subparagraph (C)(i), the Sec15 retary shall deny or discontinue payment of such increased 

16 pension for months during the period beginning on the 

17 date described in subparagraph (D) and equal to the num18 ber of months calculated as provided in subparagraph (E). 

19 ‘‘(B)(i) For purposes of this paragraph, a covered re20 source is any resource that was a part of the corpus of 

21 the estate of the child that the Secretary considers that 

22 under all the circumstances, if the veteran, the spouse of 

23 the veteran, or the child had not disposed of such resource, 

24 it would be reasonable that the resource (or some portion 

25 of the resource) be consumed for the child’s maintenance. 


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1 ‘‘(ii) For purposes of this paragraph, the Secretary 

2 may consider, in accordance with regulations the Sec3 retary shall prescribe, a transfer of an asset (including a 

4 transfer of an asset to an annuity, trust, or other financial 

5 instrument or investment) a disposal of a covered resource 

6 for less than fair market value if such transfer reduces 

7 the amount in the corpus of the estate of the child that 

8 the Secretary considers, under all the circumstances, 

9 would be reasonable to be consumed for the child’s mainte10 nance. 

11 ‘‘(C)(i) The look-back date described in this clause 

12 is a date that is 36 months before the date described in 

13 clause (ii). 

14 ‘‘(ii) The date described in this clause is the date on 

15 which the veteran applies for payment of increased pen16 sion under subsection (c), (d), (e), or (f) of section 1521 

17 of this title on account of a child or, if later, the date 

18 on which the veteran, the spouse of the veteran, or the 

19 child disposes of covered resources for less than fair mar20 ket value. 

21 ‘‘(D) The date described in this subparagraph is the 

22 first day of the first month in or after which covered re23 sources were disposed of for less than fair market value 

24 and which does not occur in any other period of ineligi25 bility under this paragraph. 


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1 ‘‘(E) The number of months calculated under this 

2 subparagraph shall be equal to— 

3 ‘‘(i) the total, cumulative uncompensated value 

4 of the portion of the covered resources so disposed 

5 of by the veteran, the spouse of the veteran, or the 

6 child on or after the look-back date described in sub7 paragraph (C)(i) that the Secretary determines 

8 would reasonably have been consumed for the child’s 

9 maintenance; divided by 

10 ‘‘(ii) the maximum amount of increased month11 ly pension that is payable to a veteran under sub12 section (c), (d), (e), or (f) of section 1521 of this 

13 title on account of a child, 

14 rounded down, in the case of any fraction, to the nearest 

15 whole number, but shall not in any case exceed 36 

16 months.’’; and 

17 (3) by adding at the end the following new sub18 section: 

19 ‘‘(c)(1)(A) The Secretary shall not deny or dis20 continue payment of pension under section 1513 or 1521 

21 of this title or payment of increased pension under sub22 section (c), (d), (e), or (f) of section 1521 of this title 

23 on account of a child by reason of the application of sub24 section (a)(2) or (b)(2) of this section to the disposal of 

25 resources by an individual— 


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1 ‘‘(i) if— 

2 ‘‘(I) a satisfactory showing is made to the 

3 Secretary (in accordance with regulations pro4 mulgated by the Secretary) that all resources 

5 disposed of for less than fair market value have 

6 been returned to the individual who disposed of 

7 the resources; or 

8 ‘‘(II) the Secretary determines, under pro9 cedures established by the Secretary in accord10 ance with subparagraph (B), that the denial or 

11 discontinuance of payment would work an 

12 undue hardship; or 

13 ‘‘(ii) to the extent that any portion of the re14 sources disposed of for less than fair market value 

15 have been returned to the individual who disposed of 

16 the resources. 

17 ‘‘(B) Undue hardship would be worked by the denial 

18 or discontinuance of payment for purposes of subpara19 graph (A)(i)(II) if the denial or discontinuance of payment 

20 would deprive the individual during the period of denial 

21 or discontinuance— 

22 ‘‘(i) of medical care such that the individual’s 

23 life or health would be endangered; 

24 ‘‘(ii) of necessary food or clothing, or other ne25 cessities of life; or 


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1 ‘‘(iii) on such other basis as the Secretary shall 

2 specify in the procedures required by subparagraph 

3 (A)(i)(II). 

4 ‘‘(C) If payment of pension or increased pension that 

5 would otherwise be denied or discontinued by reason of 

6 the application of subsection (a)(2) or (b)(2) is denied or 

7 discontinued only in part by reason of the return of re8 sources as described in subparagraph (A)(ii), the period 

9 of the denial or discontinuance as determined pursuant to 

10 subparagraph (E) of subsection (a)(2) or (b)(2), as appli11 cable, shall be recalculated to take into account such re12 turn of resources. 

13 ‘‘(2) At the time a veteran applies for pension under 

14 section 1513 or 1521 of this title or increased pension 

15 under subsection (c), (d), (e), or (f) of section 1521 of 

16 this title on account of a child, and at such other times 

17 as the Secretary considers appropriate, the Secretary 

18 shall— 

19 ‘‘(A) inform such veteran of the provisions of 

20 subsections (a)(2) and (b)(2) providing for a period 

21 of ineligibility for payment of pension under such 

22 sections for individuals who make certain disposi23 tions of resources for less than fair market value, in24 cluding the exception for hardship from such period 

25 of ineligibility; 


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1 ‘‘(B) obtain from such veteran information 

2 which may be used in determining whether or not a 

3 period of ineligibility for such payments would be re4 quired by reason of such subsections; and 

5 ‘‘(C) provide such veteran a timely process for 

6 determining whether or not the exception for hard7 ship shall apply to such veteran.’’. 

8 (b) SURVIVING SPOUSES AND CHILDREN.—Section 

9 1543 is amended— 

10 (1) in subsection (a)— 

11 (A) by redesignating paragraph (2) as 

12 paragraph (3); 

13 (B) by inserting after paragraph (1) the 

14 following new paragraph (2): 

15 ‘‘(2)(A) If a surviving spouse otherwise eligible for 

16 payment of pension under section 1541 of this title dis17 poses of covered resources for less than fair market value 

18 on or after the look-back date described in subparagraph 

19 (C)(i), the Secretary shall deny or discontinue the pay20 ment of pension to such surviving spouse under section 

21 1541 of this title for months during the period beginning 

22 on the date described in subparagraph (D) and equal to 

23 the number of months calculated as provided in subpara24 graph (E). 


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1 ‘‘(B)(i) For purposes of this paragraph, a covered re2 source is any resource that was a part of the corpus of 

3 the estate of the surviving spouse that the Secretary con4 siders that under all the circumstances, if the surviving 

5 spouse had not disposed of such resource, it would be rea6 sonable that the resource (or some portion of the resource) 

7 be consumed for the surviving spouse’s maintenance. 

8 ‘‘(ii) For purposes of this paragraph, the Secretary 

9 may consider, in accordance with regulations the Sec10 retary shall prescribe, a transfer of an asset (including a 

11 transfer of an asset to an annuity, trust, or other financial 

12 instrument or investment) a disposal of a covered resource 

13 for less than fair market value if such transfer reduces 

14 the amount in the corpus of the estate of the surviving 

15 spouse that the Secretary considers, under all the cir16 cumstances, would be reasonable to be consumed for the 

17 surviving spouse’s maintenance. 

18 ‘‘(C)(i) The look-back date described in this clause 

19 is a date that is 36 months before the date described in 

20 clause (ii). 

21 ‘‘(ii) The date described in this clause is the date on 

22 which the surviving spouse applies for pension under sec23 tion 1541 of this title or, if later, the date on which the 

24 surviving spouse disposes of covered resources for less 

25 than fair market value. 


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1 ‘‘(D) The date described in this subparagraph is the 

2 first day of the first month in or after which covered re3 sources were disposed of for less than fair market value 

4 and which does not occur in any other period of ineligi5 bility under this paragraph. 

6 ‘‘(E) The number of months calculated under this 

7 subparagraph shall be equal to— 

8 ‘‘(i) the total, cumulative uncompensated value 

9 of the portion of the covered resources so disposed 

10 of by the surviving spouse on or after the look-back 

11 date described in subparagraph (C)(i) that the Sec12 retary determines would reasonably have been con13 sumed for the surviving spouse’s maintenance; di14 vided by 

15 ‘‘(ii) the maximum amount of monthly pension 

16 that is payable to a surviving spouse under section 

17 1541 of this title, including the maximum amount of 

18 increased pension payable under such section on ac19 count of a child, but not including any amount of 

20 pension payable under such section because a sur21 viving spouse is in need of regular aid and attend22 ance or is permanently housebound, 

23 rounded down, in the case of any fraction, to the nearest 

24 whole number, but shall not in any case exceed 36 

25 months.’’; and 


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

2 paragraph: 

3 ‘‘(4)(A) If a surviving spouse otherwise eligible for 

4 payment of increased pension under subsection (c), (d), 

5 or (e) of section 1541 of this title on account of a child 

6 or the child disposes of covered resources for less than fair 

7 market value on or after the look-back date described in 

8 subparagraph (C)(i), the Secretary shall deny or dis9 continue payment of such increased pension for months 

10 during the period beginning on the date described in sub11 paragraph (D) and equal to the number of months cal12 culated as provided in subparagraph (E). 

13 ‘‘(B)(i) For purposes of this paragraph, a covered re14 source is any resource that was a part of the corpus of 

15 the estate of the child that the Secretary considers that 

16 under all the circumstances, if the surviving spouse or the 

17 child had not disposed of such resource, it would be rea18 sonable that the resource (or some portion of the resource) 

19 be consumed for the child’s maintenance. 

20 ‘‘(ii) For purposes of this paragraph, the Secretary 

21 may consider, in accordance with regulations the Sec22 retary shall prescribe, a transfer of an asset (including a 

23 transfer of an asset to an annuity, trust, or other financial 

24 instrument or investment) a disposal of a covered resource 

25 for less than fair market value if such transfer reduces 


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1 the amount in the corpus of the estate of the child that 

2 the Secretary considers, under all the circumstances, 

3 would be reasonable to be consumed for the child’s mainte4 nance. 

5 ‘‘(C)(i) The look-back date described in this clause 

6 is a date that is 36 months before the date described in 

7 clause (ii). 

8 ‘‘(ii) The date described in this clause is the date on 

9 which the surviving spouse applies for payment of in10 creased pension under subsection (c), (d), or (e) of section 

11 1541 of this title on account of a child or, if later, the 

12 date on which the surviving spouse (or the child) disposes 

13 of covered resources for less than fair market value. 

14 ‘‘(D) The date described in this subparagraph is the 

15 first day of the first month in or after which covered re16 sources were disposed of for less than fair market value 

17 and which does not occur in any other period of ineligi18 bility under this paragraph. 

19 ‘‘(E) The number of months calculated under this 

20 clause shall be equal to— 

21 ‘‘(i) the total, cumulative uncompensated value 

22 of the portion of the covered resources so disposed 

23 of by the surviving spouse (or the child) on or after 

24 the look-back date described in subparagraph (C)(i) 

25 that the Secretary determines would reasonably have 


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1 been consumed for the child’s maintenance; divided 

2 by 

3 ‘‘(ii) the maximum amount of increased month4 ly pension that is payable to a surviving spouse 

5 under subsection (c), (d), or (e) of section 1541 of 

6 this title on account of a child, 

7 rounded down, in the case of any fraction, to the nearest 

8 whole number, but shall not in any case exceed 36 

9 months.’’; 

10 (2) in subsection (b)— 

11 (A) by inserting ‘‘(1)’’ before ‘‘The Sec12 retary’’; and 

13 (B) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2)(A) If a child otherwise eligible for payment of 

16 pension under section 1542 of this title or any person with 

17 whom such child is residing who is legally responsible for 

18 such child’s support disposes of covered resources for less 

19 than fair market value on or after the look-back date de20 scribed in subparagraph (C)(i), the Secretary shall deny 

21 or discontinue the payment of pension to such child under 

22 section 1542 of this title for months during the period be23 ginning on the date described in subparagraph (D) and 

24 equal to the number of months calculated as provided in 

25 subparagraph (E). 


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1 ‘‘(B)(i) For purposes of this paragraph, a covered re2 source is any resource that was a part of the corpus of 

3 the estate of the child or the corpus of the estate of any 

4 person with whom such child is residing who is legally re5 sponsible for such child’s support that the Secretary con6 siders that under all the circumstances, if the child or per7 son had not disposed of such resource, it would be reason8 able that the resource (or some portion of the resource) 

9 be consumed for the child’s maintenance. 

10 ‘‘(ii) For purposes of this paragraph, the Secretary 

11 may consider, in accordance with regulations the Sec12 retary shall prescribe, a transfer of an asset (including a 

13 transfer of an asset to an annuity, trust, or other financial 

14 instrument or investment) a disposal of a covered resource 

15 for less than fair market value if such transfer reduces 

16 the amount in the corpus of the estate described in clause 

17 (i) that the Secretary considers, under all the cir18 cumstances, would be reasonable to be consumed for the 

19 child’s maintenance. 

20 ‘‘(C)(i) The look-back date described in this clause 

21 is a date that is 36 months before the date described in 

22 clause (ii). 

23 ‘‘(ii) The date described in this clause is the date on 

24 which the child applies for pension under section 1542 of 

25 this title or, if later, the date on which the child (or person 


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1 described in subparagraph (B)) disposes of covered re2 sources for less than fair market value. 

3 ‘‘(D) The date described in this clause is the first 

4 day of the first month in or after which covered resources 

5 were disposed of for less than fair market value and which 

6 does not occur in any other period of ineligibility under 

7 this paragraph. 

8 ‘‘(E) The number of months calculated under this 

9 clause shall be equal to— 

10 ‘‘(i) the total, cumulative uncompensated value 

11 of the portion of the covered resources so disposed 

12 of by the child (or person described in subparagraph 

13 (B)) on or after the look-back date described in sub14 paragraph (C)(i) that the Secretary determines 

15 would reasonably have been consumed for the child’s 

16 maintenance; divided by 

17 ‘‘(ii) the maximum amount of monthly pension 

18 that is payable to a child under section 1542 of this 

19 title, 

20 rounded down, in the case of any fraction, to the nearest 

21 whole number, but shall not in any case exceed 36 

22 months.’’; and 

23 (3) by adding at the end the following new sub24 section: 


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1 ‘‘(c)(1)(A) The Secretary shall not deny or dis2 continue payment of pension under section 1541 or 1542 

3 of this title or payment of increased pension under sub4 section (c), (d), or (e) of section 1541 of this title on ac5 count of a child by reason of the application of subsection 

6 (a)(2), (a)(4), or (b)(2) of this section to the disposal of 

7 resources by an individual— 

8 ‘‘(i) if— 

9 ‘‘(I) a satisfactory showing is made to the 

10 Secretary (in accordance with regulations pro11 mulgated by the Secretary) that all resources 

12 disposed of for less than fair market value have 

13 been returned to the individual who disposed of 

14 the resources; or 

15 ‘‘(II) the Secretary determines, under pro16 cedures established by the Secretary in accord17 ance with subparagraph (B), that the denial or 

18 discontinuance of payment would work an 

19 undue hardship; or 

20 ‘‘(ii) to the extent that any portion of the re21 sources disposed of for less than fair market value 

22 have been returned to the individual who disposed of 

23 the resources. 

24 ‘‘(B) Undue hardship would be worked by the denial 

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1 graph (A)(i)(II) if the denial or discontinuance of payment 

2 would deprive the individual during the period of denial 

3 or discontinuance— 

4 ‘‘(i) of medical care such that the individual’s 

5 life or health would be endangered; 

6 ‘‘(ii) of necessary food or clothing, or other ne7 cessities of life; or 

8 ‘‘(iii) on such other basis as the Secretary shall 

9 specify in the procedures required by subparagraph 

10 (A)(i)(II). 

11 ‘‘(C) If payment of pension or increased pension that 

12 would otherwise be denied or discontinued by reason of 

13 the application of subsection (a)(2), (a)(4), or (b)(2) is 

14 denied or discontinued only in part by reason of the return 

15 of resources as described in subparagraph (A)(ii), the pe16 riod of the denial or discontinuance as determined pursu17 ant to subparagraph (E) of subsection (a)(2), (a)(4), or 

18 (b)(2), as applicable, shall be recalculated to take into ac19 count such return of resources. 

20 ‘‘(2) At the time a surviving spouse or child applies 

21 for pension under section 1541 or 1542 of this title or 

22 increased pension under subsection (c), (d), or (e) of sec23 tion 1541 of this title on account of a child, and at such 

24 other times as the Secretary considers appropriate, the 

25 Secretary shall— 


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1 ‘‘(A) inform such surviving spouse or child of 

2 the provisions of subsections (a)(2), (a)(4), and 

3 (b)(2), as applicable, providing for a period of ineli4 gibility for payment of pension or increased pension 

5 under such sections for individuals who make certain 

6 dispositions of resources for less than fair market 

7 value, including the exception for hardship from 

8 such period of ineligibility; 

9 ‘‘(B) obtain from such surviving spouse or child 

10 information which may be used in determining 

11 whether or not a period of ineligibility for such pay12 ments would be required by reason of such sub13 sections; and 

14 ‘‘(C) provide such surviving spouse or child a 

15 timely process for determining whether or not the 

16 exception for hardship shall apply to such surviving 

17 spouse or child.’’. 

18 (c) EFFECTIVE DATE.—Subsections (a)(2), (b)(2), 

19 and (c) of section 1522 of title 38, United States Code, 

20 as added by subsection (a), and subsections (a)(2), (a)(4), 

21 (b)(2), and (c) of section 1543 of such title, as added by 

22 subsection (b), shall take effect on the date that is one 

23 year after the date of the enactment of this Act and shall 

24 apply with respect to payments of pension and increased 

25 pension applied for after such date and to payments of 


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1 pension and increased pension for which eligibility is rede2 termined after such date, except that no reduction in pen3 sion shall be made under such subsections because of any 

4 disposal of covered resources made before such date. 

5 (d) ANNUAL REPORTS.— 

6 (1) IN GENERAL.—Not later than 30 months 

7 after the date of the enactment of this Act and not 

8 less frequently than once each year thereafter 

9 through 2018, the Secretary of Veterans Affairs 

10 shall submit to the appropriate committees of Con11 gress a report on the administration of subsections 

12 (a)(2), (b)(2), and (c) of section 1522 of title 38, 

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

14 subsections (a)(2), (a)(4), (b)(2), and (c) of section 

15 1543 of such title, as added by subsection (b), dur16 ing the most recent 12-month period. 

17 (2) ELEMENTS.—Each report submitted under 

18 paragraph (1) shall include the following, for the pe19 riod covered by the report: 

20 (A) The number of individuals who applied 

21 for pension under chapter 15 of such title. 

22 (B) The number of individuals who re23 ceived pension under such chapter. 

24 (C) The number of individuals with respect 

25 to whom the Secretary denied or discontinued 


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1 payment of pension under the subsections re2 ferred to in paragraph (1). 

3 (D) A description of any trends identified 

4 by the Secretary regarding pension payments 

5 that have occurred as a result of the amend6 ments made by this section. 

7 (E) Such other information as the Sec8 retary considers appropriate. 

9 (3) APPROPRIATE COMMITTEES OF CONGRESS

10 DEFINED.—In this subsection, the term ‘‘appro11 priate committees of Congress’’ means— 

12 (A) the Committee on Veterans’ Affairs 

13 and the Special Committee on Aging of the 

14 Senate; and 

15 (B) the Committee on Veterans’ Affairs of 

16 the House of Representatives. 

17 SEC. 903. EXTENSION OF REDUCED PENSION FOR CERTAIN 

18 VETERANS COVERED BY MEDICAID PLANS 

19 FOR SERVICES FURNISHED BY NURSING FA20 CILITIES. 

21 (a) IN GENERAL.—Subsection (d)(7) of section 5503 

22 is amended by striking ‘‘November 30, 2016’’ and insert23 ing ‘‘September 30, 2023’’. 

24 (b) CLERICAL AMENDMENTS.— 


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1 (1) SECTION HEADING.—The section heading of 

2 such section is amended to read as follows: ‘‘Re3 duced pension for certain hospitalized 

4 veterans and certain veterans receiving 

5 domiciliary, nursing home, or nursing fa6 cility care’’. 

7 (2) TABLE OF SECTIONS.—The table of sections 

8 at the beginning of chapter 55 is amended by strik9 ing the item relating to section 5503 and inserting 

10 the following new item: 

‘‘5503. Reduced pension for certain hospitalized veterans and certain veterans 

receiving domiciliary, nursing home, or nursing facility care.’’. 

11 SEC. 904. CONDITIONS ON AWARD OF PER DIEM PAYMENTS 

12 BY SECRETARY OF VETERANS AFFAIRS FOR 

13 PROVISION OF HOUSING OR SERVICES TO 

14 HOMELESS VETERANS. 

15 (a) CONDITION.— 

16 (1) IN GENERAL.—Section 2012(c)(1) is 

17 amended by striking ‘‘unless the facilities’’ and all 

18 that follows through ‘‘may specify.’’ and inserting 

19 the following: ‘‘unless the Secretary certifies the fol20 lowing: 

21 ‘‘(A) That the building where the grant recipi22 ent or eligible entity provides housing or services for 

23 which the grant recipient or eligible entity would re24 ceive such payment is in compliance with the codes 


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1 relevant to the operations and level of care provided, 

2 including applicable provisions of the most recently 

3 published version of the Life Safety Code of the Na4 tional Fire Protection Association or such other 

5 comparable fire and safety requirements as the Sec6 retary may specify. 

7 ‘‘(B) That such building and such housing or 

8 services are in compliance with licensing require9 ments, fire and safety requirements, and any other 

10 requirements in the jurisdiction in which the build11 ing is located regarding the condition of the building 

12 and the provision of such housing or services.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

14 by paragraph (1) shall apply with respect to an ap15 plication for a per diem payment under section 2012 

16 of title 38, United States Code, submitted on or 

17 after the date of the enactment of this Act. 

18 (b) ANNUAL INSPECTIONS REQUIRED.—Section 

19 2012 is amended by striking subsection (b) and inserting 

20 the following new subsection (b): 

21 ‘‘(b)(1) Not less frequently than once each fiscal year, 

22 the Secretary shall inspect each facility of each grant re23 cipient or entity eligible for payments under subsection (a) 

24 at which the recipients and entities provide services under 

25 section 2011 of this title or this section. 


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1 ‘‘(2) Except as provided in paragraph (1), inspections 

2 made under such paragraph shall be made at such times 

3 as the Secretary considers necessary. 

4 ‘‘(3) An inspection of a facility of a recipient or entity 

5 described in paragraph (1) made under such paragraph 

6 may be made with or without prior notice to the recipient 

7 or entity, as the Secretary considers appropriate. 

8 ‘‘(4) No per diem payment may be provided to a 

9 grant recipient or eligible entity under this section unless 

10 the facilities of the grant recipient or eligible entity meet 

11 such standards as the Secretary shall prescribe.’’. 

12 (c) REVOCATION OF CERTIFICATION AUTHORIZED.— 

13 Subsection (c) of such section is amended— 

14 (1) by redesignating paragraphs (2) and (3) as 

15 paragraphs (4) and (5), respectively; 

16 (2) in paragraph (1), as amended by subsection 

17 (a)(1), by striking ‘‘in paragraph (2)’’ and inserting 

18 ‘‘in paragraph (4)’’; and 

19 (3) by inserting after paragraph (1) the fol20 lowing new paragraph (2): 

21 ‘‘(2) The Secretary may revoke any certification 

22 made under paragraph (1) if the Secretary determines 

23 that such certification is no longer accurate.’’. 

24 (d) CONGRESSIONAL NOTIFICATION OF TERMI25 NATION OF PER DIEM REQUIRED.—Such subsection is 


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1 further amended by inserting after paragraph (2) the fol2 lowing new paragraph (3): 

3 ‘‘(3) Not later than 30 days after the date on which 

4 the Secretary terminates provision of per diem payment 

5 under this section to a grant recipient or an eligible entity, 

6 the Secretary shall submit to the Committee on Veterans’ 

7 Affairs of the Senate and the Committee on Veterans’ Af8 fairs of the House of Representatives notice of such termi9 nation if such termination were made because a facility 

10 of the grant recipient or eligible entity did not comply 

11 with— 

12 ‘‘(A) an applicable provision of the most re13 cently published version of the Life Safety Code of 

14 the National Fire Protection Association or such 

15 other comparable fire and safety requirement as the 

16 Secretary has specified; or 

17 ‘‘(B) a licensing requirement, fire or safety re18 quirement, or another requirement in the jurisdic19 tion in which the facility is located regarding the 

20 condition of the facility.’’. 

21 (e) TREATMENT OF CURRENT RECIPIENTS OF PER

22 DIEM PAYMENTS.— 

23 (1) ASSESSMENT.—In the case of the recipient 

24 of a per diem payment under section 2012 of title 

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1 ment during the year in which this Act is enacted 

2 for the provision of housing or services, the Sec3 retary of Veterans Affairs shall assess whether the 

4 building where such housing or services are provided 

5 is and whether the housing and services are in com6 pliance as required by section 2012(c)(1) of such 

7 title, as amended by subsection (a)(1). 

8 (2) FAILURE TO COMPLY.—In the case de9 scribed in paragraph (1), if the Secretary does not 

10 certify the compliance of the building and the hous11 ing or services under such section before the date 

12 that is two years after the date of the enactment of 

13 this Act, the Secretary may not make any additional 

14 per diem payments to the recipient for the provision 

15 of such housing or services under section 2012 of 

16 such title until the Secretary certifies that such 

17 building is and such housing or services are in com18 pliance. 

19 (f) CONFORMING CONDITION ON AWARD OF GRANTS

20 BY SECRETARY OF VETERANS AFFAIRS FOR COMPREHEN21 SIVE SERVICE PROGRAMS.—Section 2011(b)(5)(A) is 

22 amended by inserting ‘‘, including housing and building 

23 codes,’’. 


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1 SEC. 905. EXCEPTION TO CERTAIN RECAPTURE REQUIRE2 MENTS AND TREATMENT OF CONTRACTS AND 

3 GRANTS WITH STATE HOMES WITH RESPECT 

4 TO CARE FOR HOMELESS VETERANS. 

5 (a) EXCEPTION TO CERTAIN RECAPTURE REQUIRE6 MENTS.—Section 8136(b) is amended by inserting ‘‘, or 

7 the provision of services or conduct of a program pursuant 

8 to a contract or grant issued or awarded by the Secretary 

9 under subchapter II of chapter 20 or section 2031(a)(2) 

10 of this title,’’ after ‘‘outpatient clinic’’. 

11 (b) CONSTRUCTION.—The amendment made by sub12 section (a) may not be construed to authorize the Sec13 retary of Veterans Affairs to enter into a contract with 

14 a State home or award a grant to a State home for the 

15 furnishing of residential care for a veteran without— 

16 (1) identifying a substantial need for such care; 

17 and 

18 (2) determining that the State home is the 

19 most appropriate provider of such care. 

20 SEC. 906. EXTENDED PERIOD FOR SCHEDULING OF MED21 ICAL EXAMS FOR VETERANS RECEIVING TEM22 PORARY DISABILITY RATINGS FOR SEVERE 

23 MENTAL DISORDERS. 

24 Section 1156(a)(3) is amended by striking ‘‘six 

25 months’’ and inserting ‘‘18 months’’. 


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1 SEC. 907. AUTHORITY TO ISSUE VETERANS ID CARDS. 

2 (a) AUTHORITY.— 

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

4 Affairs may issue a card to a veteran that identifies 

5 the veteran as a veteran and includes a photo of the 

6 veteran and the name of the veteran. 

7 (2) NO REQUIREMENT FOR ENROLLMENT OR

8 RECEIPT OF BENEFITS.—The Secretary may issue a 

9 card under paragraph (1) to a veteran, whether or 

10 not such veteran is— 

11 (A) enrolled in the system of annual pa12 tient enrollment established under section 

13 1705(a) of title 38, United States Code; or 

14 (B) in receipt of educational assistance, 

15 compensation, or pension under laws adminis16 tered by the Secretary. 

17 (3) DESIGNATION.—A card issued under para18 graph (1) may be known as a ‘‘Veterans ID Card’’. 

19 (b) RECOGNITION OF VETERANS ID CARDS FOR RE20 DUCED PRICING OF PHARMACEUTICALS, CONSUMER

21 PRODUCTS, AND SERVICES.—The Secretary may work 

22 with national retail chains that offer reduced prices on 

23 pharmaceuticals, consumer products, and services to vet24 erans to ensure that such retail chains recognize cards 

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1 duced prices on pharmaceuticals, consumer products, and 

2 services. 

3 (c) VETERAN DEFINED.—In this section, the term 

4 ‘‘veteran’’ has the meaning given the term in section 101 

5 of title 38, United States Code. 

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

7 on the date that is one year after the date of the enact8 ment of this Act. 

9 SEC. 908. HONORING AS VETERANS CERTAIN PERSONS 

10 WHO PERFORMED SERVICE IN THE RESERVE 

11 COMPONENTS OF THE ARMED FORCES. 

12 Any person who is entitled under chapter 1223 of 

13 title 10, United States Code, to retired pay for nonregular 

14 service or, but for age, would be entitled under such chap15 ter to retired pay for nonregular service shall be honored 

16 as a veteran but shall not be entitled to any benefit by 

17 reason of this honor. 

18 SEC. 909. EXTENSION OF AUTHORITY FOR SECRETARY OF 

19 VETERANS AFFAIRS TO OBTAIN INFORMA20 TION FROM SECRETARY OF THE TREASURY 

21 AND COMMISSIONER OF SOCIAL SECURITY 

22 FOR INCOME VERIFICATION PURPOSES. 

23 Section 5317(g) is amended by striking ‘‘September 

24 30, 2016’’ and inserting ‘‘September 30, 2018’’. 


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1 SEC. 910. EXTENSION OF AUTHORITY FOR SECRETARY OF 

2 VETERANS AFFAIRS TO ISSUE AND GUAR3 ANTEE CERTAIN LOANS. 

4 Section 3729(b)(2) is amended— 

5 (1) in subparagraph (A)— 

6 (A) in clause (iii), by striking ‘‘October 1, 

7 2017’’ and inserting ‘‘September 30, 2023’’; 

8 and 

9 (B) in clause (iv), by striking ‘‘October 1, 

10 2017’’ and inserting ‘‘September 30, 2023’’; 

11 (2) in subparagraph (B)— 

12 (A) in clause (i), by striking ‘‘October 1, 

13 2017’’ and inserting ‘‘September 30, 2023’’; 

14 and 

15 (B) in clause (ii), by striking ‘‘October 1, 

16 2017’’ and inserting ‘‘September 30, 2023’’; 

17 (3) in subparagraph (C)— 

18 (A) in clause (i), by striking ‘‘October 1, 

19 2017’’ and inserting ‘‘September 30, 2023’’; 

20 and 

21 (B) in clause (ii), by striking ‘‘October 1, 

22 2017’’ and inserting ‘‘September 30, 2023’’; 

23 and 

24 (4) in subparagraph (D)— 


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1 (A) in clause (i), by striking ‘‘October 1, 

2 2017’’ and inserting ‘‘September 30, 2023’’; 

3 and 

4 (B) in clause (ii), by striking ‘‘October 1, 

5 2017’’ and inserting ‘‘September 30, 2023’’. 

6 SEC. 911. ELIGIBILITY FOR INTERMENT IN NATIONAL 

7 CEMETERIES FOR CERTAIN NATURALIZED IN8 DIVIDUALS. 

9 (a) IN GENERAL.—Section 2402(a) is amended by 

10 adding at the end the following new paragraph: 

11 ‘‘(10) Any individual— 

12 ‘‘(A) who— 

13 ‘‘(i) was naturalized pursuant to sec14 tion 2(1) of the Hmong Veterans’ Natu15 ralization Act of 2000 (Public Law 106– 

16 207; 8 U.S.C. 1423 note); and 

17 ‘‘(ii) at the time of the individual’s 

18 death resided in the United States; or 

19 ‘‘(B) who— 

20 ‘‘(i) the Secretary determines served 

21 with a special guerrilla unit or irregular 

22 forces operating from a base in Laos in 

23 support of the Armed Forces of the United 

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1 ning February 28, 1961, and ending May 

2 7, 1975; and 

3 ‘‘(ii) at the time of the individual’s 

4 death— 

5 ‘‘(I) was a citizen of the United 

6 States or an alien lawfully admitted 

7 for permanent residence in the United 

8 States; and 

9 ‘‘(II) resided in the United 

10 States.’’. 

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

12 subsection (a) shall apply with respect to an individual 

13 dying on or after the date of the enactment of this Act. 

14 SEC. 912. CANADIAN FORCES BASE GAGETOWN INDE15 PENDENT STUDY AND REGISTRY. 

16 (a) INDEPENDENT STUDY.— 

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

18 Affairs shall provide for a study on the potential ex19 posure of individuals to toxic substances or environ20 mental hazards related to service at Canadian 

21 Forces Base Gagetown, New Brunswick, Canada, at 

22 any time during the period beginning on January 1, 

23 1956, and ending on December 31, 2006. 

24 (2) ELEMENTS.—The study required by para25 graph (1) shall— 


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1 (A) assess the health risks associated with 

2 the exposure of individuals to toxic substances 

3 or environmental hazards described in para4 graph (1); and 

5 (B) determine if a registry of individuals 

6 who were exposed to toxic substances or envi7 ronmental hazards during service at Canadian 

8 Forces Base Gagetown would be advisable as an 

9 effective tool to assess such health risks. 

10 (3) INDEPENDENT ENTITY.—The study re11 quired by paragraph (1) shall be carried out by an 

12 entity that— 

13 (A) has experience conducting studies with 

14 respect to the exposure of individuals to toxic 

15 substances or environmental hazards; and 

16 (B) is not affiliated with the Department. 

17 (4) DEADLINE FOR COMPLETION.—The study 

18 required by paragraph (1) shall be completed not 

19 later than 540 days after the date of the enactment 

20 of this Act. 

21 (b) REGISTRY.— 

22 (1) IN GENERAL.—If the entity that carries out 

23 the independent study provided for under paragraph 

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1 scribed in such paragraph (2)(B) would be an effec2 tive tool as described in such paragraph (2)(B), the 

3 Secretary may establish and maintain a registry to 

4 be known as the ‘‘Canadian Forces Base Gagetown 

5 Health Registry’’ (in this subsection referred to as 

6 the ‘‘Registry’’). 

7 (2) CONTENTS.—The Registry shall include the 

8 following information: 

9 (A) A list containing the name of each in10 dividual who— 

11 (i) while serving as a member of the 

12 Armed Forces, was stationed at or under13 went training at Canadian Forces Base 

14 Gagetown at any time during the period 

15 beginning on January 1, 1956, and ending 

16 on December 31, 2006; and 

17 (ii)(I) applies for care or services from 

18 the Department of Veterans Affairs under 

19 chapter 17 of title 38, United States Code; 

20 (II) files a claim for compensation 

21 under chapter 11 of such title on the basis 

22 of any disability that may be associated 

23 with such service; or 

24 (III) dies and is survived by a spouse, 

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1 pendency and indemnity compensation 

2 under chapter 13 of such title on the basis 

3 of such service. 

4 (B) Relevant medical data relating to the 

5 health status of, and other information that the 

6 Secretary considers relevant and appropriate 

7 with respect to, each individual described in 

8 subparagraph (A) who— 

9 (i) grants to the Secretary permission 

10 to include such information in the Reg11 istry; or 

12 (ii) at the time the name of the indi13 vidual is added to the Registry, is de14 ceased. 

15 (3) CONSULTATION WITH OTHER AGENCIES.— 

16 The Secretary of Veterans Affairs shall consult with 

17 the Secretary of Defense and the heads of other 

18 agencies as the Secretary of Veterans Affairs con19 siders necessary to establish and maintain the Reg20 istry. 

21 SEC. 913. REVIEW OF DETERMINATION OF CERTAIN SERV22 ICE IN PHILIPPINES DURING WORLD WAR II. 

23 (a) IN GENERAL.—The Secretary of Veterans Af24 fairs, in consultation with the Secretary of Defense and 

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1 ommends, shall review the process used to determine 

2 whether a covered individual served in support of the 

3 Armed Forces of the United States during World War II 

4 in accordance with section 1002(d) of title X of Division 

5 A of the American Recovery and Reinvestment Act of 

6 2009 (Public Law 111–5; 38 U.S.C. 107 note) for pur7 poses of determining whether such covered individual is 

8 eligible for payments described in such section. 

9 (b) COVERED INDIVIDUALS.—In this section, a cov10 ered individual is any individual who timely submitted a 

11 claim for benefits under subsection (c) of section 1002 of 

12 title X of Division A of the American Recovery and Rein13 vestment Act of 2009 (Public Law 111–5; 38 U.S.C. 107 

14 note) based on service as described in subsection (d) of 

15 that section. 

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

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

18 Affairs shall submit to the Committee on Veterans’ Affairs 

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

20 the House of Representatives a report detailing any find21 ings, actions taken, or recommendations for legislative ac22 tion with respect to the review conducted under subsection 

23 (a). 

24 (d) PROHIBITION ON BENEFITS FOR DISQUALIFYING

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1 VIEW.—If pursuant to the review conducted under sub2 section (a) the Secretary of Veterans Affairs determines 

3 to establish a new process for the making of payments 

4 as described in that subsection, the process shall include 

5 mechanisms to ensure that individuals are not treated as 

6 covered individuals for purposes of such payments if such 

7 individuals engaged in any disqualifying conduct during 

8 service described in that subsection, including collabora9 tion with the enemy or criminal conduct. 

10 SEC. 914. REVIEW OF DETERMINATION OF CERTAIN SERV11 ICE OF MERCHANT MARINERS DURING 

12 WORLD WAR II. 

13 (a) IN GENERAL.—The Secretary of Veterans Af14 fairs, in consultation with the Secretary of Defense, the 

15 Secretary of Homeland Security and such military histo16 rians as the Secretary of Defense recommends, shall re17 view the process used to determine whether an individual 

18 performed service under honorable conditions that satis19 fies the requirements of a coastwise merchant seaman who 

20 is recognized pursuant to section 401 of the GI Bill Im21 provement Act of 1977 (Public Law 95–202; 38 U.S.C. 

22 106 note) as having performed active duty service. 

23 (b) REPORT.—Not later than 90 days after the date 

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

25 Affairs shall submit to the Committee on Veterans’ Affairs 


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

2 the House of Representatives a report detailing any find3 ings, actions taken, or recommendations for legislative ac4 tion with respect to the review conducted under subsection 

5 (a). 

6 SEC. 915. REPORT ON PRACTICES OF THE DEPARTMENT OF 

7 VETERANS AFFAIRS TO ADEQUATELY PRO8 VIDE SERVICES TO VETERANS WITH HEAR9 ING LOSS. 

10 (a) IN GENERAL.—Not later than two years after the 

11 date of the enactment of this Act, the Secretary of Vet12 erans Affairs shall submit to the Committee on Veterans’ 

13 Affairs of the Senate and the Committee on Veterans’ Af14 fairs of the House of Representatives a report on the ac15 tions taken by the Secretary to implement the findings 

16 and recommendations included in the 2006 report by the 

17 Institute of Medicine of the National Academies entitled 

18 ‘‘Noise and Military Service: Implications for Hearing 

19 Loss and Tinnitus’’ that was prepared pursuant to section 

20 104 of the Veterans Benefits Act of 2002 (Public Law 

21 107–330; 116 Stat. 2822). 

22 (b) EFFECT OF DUTY MILITARY OCCUPATIONAL

23 SPECIALTY NOISE EXPOSURE LISTING ON RECEIPT OF

24 BENEFITS BY VETERANS.— 


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1 (1) IN GENERAL.—The Secretary shall include 

2 in the report required by subsection (a) an evalua3 tion of the extent to which veterans who had a mili4 tary occupational specialty during service as a mem5 ber of the Armed Forces that is not included on the 

6 Duty Military Occupational Specialty Noise Expo7 sure Listing (in this subsection referred to as the 

8 ‘‘MOS List’’) are precluded from receiving benefits 

9 related to hearing loss from the Department of Vet10 erans Affairs. 

11 (2) DATA.—The Secretary shall include in the 

12 evaluation required by paragraph (1) the following: 

13 (A) With respect to veterans who had a 

14 military occupational specialty included on the 

15 MOS List— 

16 (i) the number of claims for benefits 

17 related to hearing loss from the Depart18 ment of Veterans Affairs that were grant19 ed; and 

20 (ii) the number of claims for benefits 

21 related to hearing loss from the Depart22 ment that were denied. 

23 (B) With respect to veterans who had a 

24 military occupational specialty not included on 

25 the MOS List— 


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1 (i) the number of claims for benefits 

2 related to hearing loss from the Depart3 ment that were granted; 

4 (ii) the number of claims for benefits 

5 related to hearing loss from the Depart6 ment that were denied; 

7 (iii) of the number of denied claims 

8 under clause (ii), the number of those 

9 claims that were appealed; and 

10 (iv) of the number of appealed claims 

11 under clause (iii), the number of those ap12 pealed claims that were successfully ap13 pealed. 

14 (c) ADDITIONAL MATTERS.—The Secretary shall in15 clude in the report required by subsection (a) the fol16 lowing: 

17 (1) In the case of a veteran with unilateral 

18 hearing loss, an explanation of the scientific basis 

19 for the practice of the Department of determining a 

20 disability rating level with respect to hearing based 

21 on an examination of that veteran’s healthy ear in22 stead of the injured ear. 

23 (2) An analysis of the reduction in earning ca24 pacity for veterans as a result of unilateral hearing 

25 loss, with a focus on the ability of those veterans— 


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1 (A) to detect the direction of sound; and 

2 (B) to understand speech. 

3 (3) An explanation of the rationale for the prac4 tice of the Department of not issuing a compensable 

5 rating for hearing loss at certain levels that are se6 vere enough to require the use of hearing aids. 

7 (4) A survey of the audiologists that conduct 

8 compensation and pension examinations for the De9 partment to assess the implementation of the most 

10 recent edition of the best practices manual for hear11 ing loss and tinnitus examinations that includes the 

12 following: 

13 (A) A description of the training received 

14 by those audiologists compared to the methods 

15 described in the most recent edition of the best 

16 practices manual for hearing loss and tinnitus 

17 examinations. 

18 (B) An assessment of how those audiol19 ogists have complied with that training. 

20 (C) Whether those audiologists are using a 

21 range of tones up to 8000 hertz to test the 

22 hearing of veterans. 

23 (d) CONSTRUCTION.—Nothing in this section shall be 

24 construed to authorize or require the Secretary to defer, 

25 delay, or replace the ongoing efforts of the Secretary to 


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1 update the schedule of ratings required by section 1155 

2 of title 38, United States Code. 

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

4 on the date that is one year after the date of the enact5 ment of this Act. 

6 SEC. 916. REPORT ON JOINT PROGRAMS OF DEPARTMENT 

7 OF VETERANS AFFAIRS AND DEPARTMENT 

8 OF DEFENSE WITH RESPECT TO HEARING 

9 LOSS OF MEMBERS OF THE ARMED FORCES 

10 AND VETERANS. 

11 (a) IN GENERAL.—Not later than two years after the 

12 date of the enactment of this Act, the Secretary of Vet13 erans Affairs shall, in consultation with the Secretary of 

14 Defense, submit to Congress a report that identifies the 

15 following: 

16 (1) Goals for the Department of Veterans Af17 fairs and the Department of Defense for the preven18 tion, early detection, and treatment of hearing loss 

19 by the National Center for Rehabilitative Auditory 

20 Research of the Department of Veterans Affairs and 

21 the Hearing Center of Excellence of the Department 

22 of Defense. 

23 (2) Resources of the Department of Veterans 

24 Affairs that could be made available to assist the 

25 Department of Defense in conducting audiometric 


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1 tests and tinnitus screenings for members of the 

2 Armed Forces. 

3 (3) Barriers to information being added to the 

4 Hearing Loss and Auditory System Injury Registry 

5 required under section 721(c)(1) of the Duncan 

6 Hunter National Defense Authorization Act for Fis7 cal Year 2009 (Public Law 110–417; 122 Stat. 

8 4506). 

9 (4) Recommendations for any legislative or ad10 ministrative actions necessary with respect to the 

11 Hearing Loss and Auditory System Injury Reg12 istry— 

13 (A) to assist in achieving the goals speci14 fied in paragraph (1); 

15 (B) to improve the adjudication of claims 

16 for benefits with respect to hearing loss; and 

17 (C) to further the research objectives of 

18 the National Center for Rehabilitative Auditory 

19 Research of the Department of Veterans Affairs 

20 and the Hearing Center of Excellence of the 

21 Department of Defense. 

22 (b) EFFECTIVE DATE.—This section shall take effect 

23 on the date that is one year after the date of the enact24 ment of this Act. 


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1 SEC. 917. DESIGNATION OF AMERICAN WORLD WAR II CIT2 IES. 

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

4 shall designate at least one city in the United States each 

5 year as an ‘‘American World War II City’’. 

6 (b) CRITERIA FOR DESIGNATION.—After the des7 ignation made under subsection (c), the Secretary, in con8 sultation with the Secretary of Defense, shall make each 

9 designation under subsection (a) based on the following 

10 criteria: 

11 (1) Contributions by a city to the war effort 

12 during World War II, including those related to de13 fense manufacturing, bond drives, service in the 

14 Armed Forces, and the presence of military facilities 

15 within the city. 

16 (2) Efforts by a city to preserve the history of 

17 the city’s contributions during World War II, includ18 ing through the establishment of preservation orga19 nizations or museums, restoration of World War II 

20 facilities, and recognition of World War II veterans. 

21 (c) FIRST AMERICAN WORLD WAR II CITY.—The 

22 city of Wilmington, North Carolina, is designated as an 

23 ‘‘American World War II City’’. 


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1 (d) EXPIRATION OF AUTHORITY.—The requirements 

2 of subsections (a) and (b) shall terminate on the date that 

3 is five years after the date of the enactment of this Act. 

Æ 


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