II 
114TH CONGRESS 
2D SESSION 
H. R. 6416 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 7, 2016 
Received 
AN ACT 
To amend title 38, United States Code, to make certain 
improvements in the laws administered by the Secretary 
of Veterans Affairs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Jeff Miller and Richard Blumenthal Veterans Health 
Care and Benefits Improvement Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
TITLE I—DISABILITY COMPENSATION MATTERS 
Sec. 101. Expedited payment of survivors’ benefits. 
Sec. 102. Board of Veterans’ Appeals video hearings. 
Sec. 103. Requirement that Secretary of Veterans Affairs publish the average 
time required to adjudicate early-filed and later-filed appeals. 
Sec. 104. Comptroller General review of claims processing performance of re-
gional offices of Veterans Benefits Administration. 
Sec. 105. Report on staffing levels at regional offices of Department of Vet-
erans Affairs under National Work Queue. 
Sec. 106. Inclusion in annual budget submission of information on capacity of 
Veterans Benefits Administration to process benefits claims. 
Sec. 107. Report on plans of Secretary of Veterans Affairs to reduce inventory 
of non-rating workload; sense of Congress regarding Monday 
Morning Workload Report. 
Sec. 108. Annual report on progress in implementing Veterans Benefits Man-
agement System. 
Sec. 109. Improvements to authority for performance of medical disabilities ex-
aminations by contract physicians. 
Sec. 110. Independent review of process by which Department of Veterans Af-
fairs assesses impairments that result from traumatic brain in-
jury for purposes of awarding disability compensation. 
Sec. 111. Reports on claims for disability compensation. 
Sec. 112. Sense of Congress regarding American veterans disabled for life. 
Sec. 113. Sense of Congress on submittal of information relating to claims for 
disabilities incurred or aggravated by military sexual trauma. 
TITLE II—UNITED STATES COURT OF APPEALS FOR VETERANS 
CLAIMS 
Sec. 201. Extension of temporary increase in number of judges on United 
States Court of Appeals for Veterans Claims. 
Sec. 202. Life insurance program relating to judges of United States Court of 
Appeals for Veterans Claims. 
Sec. 203. Voluntary contributions to enlarge survivors’ annuity. 
Sec. 204. Selection of chief judge of United States Court of Appeals for Vet-
erans Claims. 
TITLE III—BURIAL BENEFITS AND OTHER MATTERS 
Sec. 301. Expansion of eligibility for headstones, markers, and medallions. 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
Sec. 302. Expansion of Presidential Memorial Certificate program. 
Sec. 303. Department of Veterans Affairs study on matters relating to burial 
of unclaimed remains of veterans in national cemeteries. 
Sec. 304. Study on provision of interments in veterans’ cemeteries during week-
ends. 
Sec. 305. Honoring as veterans certain persons who performed service in the 
reserve components of the Armed Forces. 
TITLE IV—EDUCATIONAL ASSISTANCE AND VOCATIONAL 
REHABILITATION 
Sec. 401. Clarification of eligibility for Marine Gunnery Sergeant John David 
Fry Scholarship. 
Sec. 402. Approval of courses of education and training for purposes of the vo-
cational rehabilitation program of the Department of Veterans 
Affairs. 
Sec. 403. Authority to prioritize vocational rehabilitation services based on 
need. 
Sec. 404. Reports on progress of students receiving Post-9/11 Educational As-
sistance. 
Sec. 405. Recodification and improvement of election process for Post-9/11 
Educational Assistance Program. 
Sec. 406. Work-study allowance. 
Sec. 407. Centralized reporting of veteran enrollment by certain groups, dis-
tricts, and consortiums of educational institutions. 
Sec. 408. Role of State approving agencies. 
Sec. 409. Modification of requirements for approval for purposes of educational 
assistance provided by Department of Veterans Affairs of pro-
grams designed to prepare individuals for licensure or certifi-
cation. 
Sec. 410. Criteria used to approve courses. 
Sec. 411. Compliance surveys. 
Sec. 412. Modification of reductions in reporting fee multipliers for payments 
by Secretary of Veterans Affairs to educational institutions. 
Sec. 413. Composition of Veterans’ Advisory Committee on Education. 
Sec. 414. Survey of individuals using their entitlement to educational assistance 
under the educational assistance programs administered by the 
Secretary of Veterans Affairs. 
Sec. 415. Department of Veterans Affairs provision of information on articula-
tion agreements between institutions of higher learning. 
Sec. 416. Retention of entitlement to educational assistance during certain ad-
ditional periods of active duty. 
Sec. 417. Technical amendment relating to in-state tuition rate for individuals 
to whom entitlement is transferred under all-volunteer force 
educational assistance program and post-9/11 educational as-
sistance. 
Sec. 418. Study on the effectiveness of veterans transition efforts. 
TITLE V—SMALL BUSINESS AND EMPLOYMENT MATTERS 
Sec. 501. Modification of treatment under contracting goals and preferences of 
Department of Veterans Affairs. 
Sec. 502. Longitudinal study of job counseling, training, and placement service 
for veterans. 
Sec. 503. Limitation on administrative leave for employees of Department of 
Veterans Affairs. 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
Sec. 504. Required coordination between Directors for Veterans’ Employment 
and Training with State departments of labor and veterans af-
fairs. 
TITLE VI—HEALTH CARE MATTERS 
Subtitle A—Medical Care 
Sec. 601. Requirement for advance appropriations for the Medical Community 
Care account of the Department of Veterans Affairs. 
Sec. 602. Improved access to appropriate immunizations for veterans. 
Sec. 603. Priority of medal of honor recipients in health care system of Depart-
ment of Veterans Affairs. 
Sec. 604. Requirement that Department of Veterans Affairs collect health-plan 
contract information from veterans. 
Sec. 605. Mental health treatment for veterans who served in classified mis-
sions. 
Sec. 606. Examination and treatment by Department of Veterans Affairs for 
emergency medical conditions and women in labor. 
Subtitle B—Veterans Health Administration 
Sec. 611. Time period covered by annual report on Readjustment Counseling 
Service. 
Sec. 612. Annual report on Veterans Health Administration and furnishing of 
hospital care, medical services, and nursing home care. 
Sec. 613. Expansion of qualifications for licensed mental health counselors of 
the Department of Veterans Affairs to include doctoral de-
grees. 
Sec. 614. Modification of hours of employment for physicians employed by the 
Department of Veterans Affairs. 
Sec. 615. Repeal of compensation panels to determine market pay for physi-
cians and dentists. 
Sec. 616. Clarification regarding liability for breach of agreement under De-
partment of Veterans Affairs Employee Incentive Scholarship 
Program. 
Sec. 617. Extension of period for increase in graduate medical education resi-
dency positions at medical facilities of the Department of Vet-
erans Affairs. 
Sec. 618. Report on public access to research by Department of Veterans Af-
fairs. 
Sec. 619. Authorization of certain major medical facility projects of the Depart-
ment of Veterans Affairs. 
Subtitle C—Toxic Exposure 
Sec. 631. Definitions. 
Sec. 632. National Academy of Medicine assessment on research relating to the 
descendants of individuals with toxic exposure. 
Sec. 633. Advisory board on research relating to health conditions of descend-
ants of veterans with toxic exposure while serving in the Armed 
Forces. 
Sec. 634. Research relating to health conditions of descendants of veterans with 
toxic exposure while serving in the Armed Forces. 
TITLE VII—HOMELESSNESS MATTERS 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
Subtitle A—Access of Homeless Veterans to Benefits 
Sec. 701. Expansion of definition of homeless veteran for purposes of benefits 
under the laws administered by the Secretary of Veterans Af-
fairs. 
Sec. 702. Authorization to furnish certain benefits to homeless veterans with 
discharges or releases under other than honorable conditions. 
Sec. 703. Waiver of minimum period of continuous active duty in Armed Forces 
for certain benefits for homeless veterans. 
Sec. 704. Training of personnel of the Department of Veterans Affairs and 
grant recipients. 
Sec. 705. Regulations. 
Sec. 706. Effective date. 
Subtitle B—Other Homelessness Matters 
Sec. 711. Increased per diem payments for transitional housing assistance that 
becomes permanent housing for homeless veterans. 
Sec. 712. Program to improve retention of housing by formerly homeless vet-
erans and veterans at risk of becoming homeless. 
Sec. 713. Establishment of National Center on Homelessness Among Veterans. 
Sec. 714. Requirement for Department of Veterans Affairs to assess com-
prehensive service programs for homeless veterans. 
Sec. 715. Report on outreach relating to increasing the amount of housing 
available to veterans. 
TITLE VIII—OTHER MATTERS 
Sec. 801. Department of Veterans Affairs construction reforms. 
Sec. 802. Technical and clerical amendments. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of title 38, United States Code. 
TITLE I—DISABILITY 
COMPENSATION MATTERS 
SEC. 101. EXPEDITED PAYMENT OF SURVIVORS’ BENEFITS. 
(a) IN GENERAL.—Section 5101(a)(1) is amended— 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
(1) by striking ‘‘A specific’’ and inserting ‘‘(A) 
Except as provided in subparagraph (B), a specific’’; 
and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B)(i) The Secretary may pay benefits under chap-
ters 13 and 15 and sections 2302, 2307, and 5121 of this 
title to a survivor of a veteran who has not filed a formal 
claim if the Secretary determines that the record contains 
sufficient evidence to establish the entitlement of the sur-
vivor to such benefits. 
‘‘(ii) For purposes of this subparagraph and section 
5110 of this title, the earlier of the following dates shall 
be treated as the date of the receipt of the survivor’s appli-
cation for benefits described in clause (i): 
‘‘(I) The date on which the survivor of a vet-
eran (or the representative of such a survivor) noti-
fies the Secretary of the death of the veteran 
through a death certificate or other relevant evidence 
that establishes entitlement to survivors’ benefits 
identified in clause (i). 
‘‘(II) The head of any other department or 
agency of the Federal Government notifies the Sec-
retary of the death of the veteran. 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
‘‘(iii) In notifying the Secretary of the death of a vet-
eran as described in clause (ii)(I), the survivor (or the rep-
resentative of such a survivor) may submit to the Sec-
retary additional documents relating to such death without 
being required to file a formal claim.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall submit to the Committee 
on Veterans’ Affairs of the Senate and the Com-
mittee on Veterans’ Affairs of the House of Rep-
resentatives a report on benefits paid pursuant to 
covered claims. 
(2) CONTENTS.—The report under paragraph 
(1) shall include the following: 
(A) The number of covered claims adju-
dicated during the 1-year period preceding the 
date of the report, disaggregated by the fol-
lowing: 
(i) Claims in which the claimant was 
entitled to benefits under chapters 13 or 
15 or sections 2302, 2307, or 5121 of title 
38, United States Code, on the basis of the 
claimant’s status as the spouse of a de-
ceased veteran. 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
(ii) Claims in which the claimant was 
entitled to such benefits on the basis of the 
claimant’s status as the child of a deceased 
veteran. 
(iii) Claims in which the claimant was 
entitled to such benefits on the basis of the 
claimant’s status as the parent of a de-
ceased veteran. 
(B) The number of covered claims during 
such period for which such benefits were not 
awarded, disaggregated by clauses (i) through 
(iii) of subparagraph (A). 
(C) A comparison of the accuracy and 
timeliness of covered claims adjudicated during 
such period with noncovered claims filed by sur-
vivors of a veteran. 
(D) The findings of the Secretary with re-
spect to adjudicating covered claims. 
(E) Such recommendations as the Sec-
retary may have for legislative or administrative 
action to improve the adjudication of claims 
submitted to the Secretary for benefits under 
chapters 13 and 15 and sections 2302, 2307, 
and 5121 of title 38, United States Code. 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
(3) COVERED CLAIM DEFINED.—In this sub-
section, the term ‘‘covered claim’’ means a claim 
covered by section 5101(a)(1)(B) of title 38, United 
States Code, as added by subsection (a). 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to claims for bene-
fits based on a death occurring on or after the date of 
the enactment of this Act. 
SEC. 102. BOARD OF VETERANS’ APPEALS VIDEO HEAR-
INGS. 
Section 7107 is amended— 
(1) in subsection (d), by amending paragraph 
(1) to read as follows: 
‘‘(1)(A)(i) Upon request for a hearing, the Board 
shall determine, for purposes of scheduling the hearing for 
the earliest possible date, whether a hearing before the 
Board will be held at its principal location or at a facility 
of the Department or other appropriate Federal facility 
located within the area served by a regional office of the 
Department. 
‘‘(ii) The Board shall also determine whether to pro-
vide a hearing through the use of the facilities and equip-
ment described in subsection (e)(1) or by the appellant 
personally appearing before a Board member or panel. 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
‘‘(B)(i) The Board shall notify the appellant of the 
determinations of the location and type of hearing made 
under subparagraph (A). 
‘‘(ii) Upon notification, the appellant may request a 
different location or type of hearing as described in such 
subparagraph. 
‘‘(iii) If so requested, the Board shall grant such re-
quest and ensure that the hearing is scheduled at the ear-
liest possible date without any undue delay or other preju-
dice to the appellant.’’; and 
(2) in subsection (e), by amending paragraph 
(2) to read as follows: 
‘‘(2) Any hearing provided through the use of the fa-
cilities and equipment described in paragraph (1) shall be 
conducted in the same manner as, and shall be considered 
the equivalent of, a personal hearing.’’. 
SEC. 103. REQUIREMENT THAT SECRETARY OF VETERANS 
AFFAIRS PUBLISH THE AVERAGE TIME RE-
QUIRED TO ADJUDICATE EARLY-FILED AND 
LATER-FILED APPEALS. 
(a) PUBLICATION REQUIREMENT.— 
(1) IN GENERAL.—On an ongoing basis, the 
Secretary of Veterans Affairs shall make available to 
the public the following: 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
(A) The average length of time to adju-
dicate an early-filed appeal. 
(B) The average length of time to adju-
dicate a later-filed appeal. 
(2) EFFECTIVE
DATE.—Paragraph (1) shall 
take effect on the date that is 1 year after the date 
of the enactment of this Act and shall apply until 
the date that is 3 years after the date of the enact-
ment of this Act. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 39 months 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Veterans’ 
Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives a re-
port on whether publication pursuant to subsection 
(a)(1) has had an effect on the number of early-filed 
appeals filed. 
(2) CONTENTS.—The report required by para-
graph (1) shall include the following: 
(A) The number of appeals and early-filed 
appeals that were filed during the 1-year period 
ending on the effective date specified in sub-
section (a)(2). 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
(B) The number of appeals and early-filed 
appeals that were filed during the 1-year period 
ending on the date that is 2 years after the ef-
fective date specified in subsection (a)(2). 
(c) DEFINITIONS.—In this section: 
(1) APPEAL.—The term ‘‘appeal’’ means a no-
tice of disagreement filed pursuant to section 
7105(a) of title 38, United States Code, in response 
to notice of the result of an initial review or deter-
mination regarding a claim for a benefit under a law 
administered by the Secretary of Veterans Affairs. 
(2) EARLY-FILED.—The term ‘‘early-filed’’ with 
respect to an appeal means that the notice of dis-
agreement was filed not more than 180 days after 
the date of mailing of the notice of the result of the 
initial review or determination described in para-
graph (1). 
(3) LATER-FILED.—The term ‘‘later-filed’’ with 
respect to an appeal means the notice of disagree-
ment was filed more than 180 days after the date 
of mailing of the notice of the result of the initial 
review or determination described in paragraph (1). 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS
HR 6416 RDS
‘‘(B) the fraction— 
‘‘(i) the numerator of which is— 
‘‘(I) the number of months of en-
titlement to basic educational assist-
ance under chapter 30 of this title re-
maining to the individual at the time 
of the election; plus 
‘‘(II) the number of months, if 
any, of entitlement under chapter 30 
of this title revoked by the individual 
under subsection (c)(1); and 
‘‘(ii) the denominator of which is 36 
months. 
‘‘(2) MONTHS
OF
REMAINING
ENTITLEMENT 
FOR CERTAIN INDIVIDUALS.—In the case of an indi-
vidual covered by paragraph (1) who is described by 
subsection (a)(1)(E), the number of months of enti-
tlement to basic educational assistance remaining to 
the 
individual 
for 
purposes 
of 
paragraph 
(1)(B)(i)(II) shall be 36 months. 
‘‘(3) TIMING OF PAYMENT.—The amount pay-
able with respect to an individual under paragraph 
(1) shall be paid to the individual together with the 
last payment of the monthly stipend payable to the 
individual under paragraph (1)(B) of section 
VerDate Sep 11 2014 
01:07 Dec 11, 2016
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H6416.RDS
H6416
rfrederick on DSKBCBPHB2PROD with BILLS