113 
‘‘(c) FUNCTIONS.—The functions of the Office are as 
follows: 
‘‘(1) To develop and maintain a system to pro-
vide notice to all medical facilities of the Department 
of any applicable best practices, quality improve-
ments, corrective actions, and Inspector General rec-
ommendations. 
‘‘(2) To monitor the compliance of such medical 
facilities with such best practices, quality improve-
ments, corrective actions, and Inspector General rec-
ommendations. 
‘‘(d) RESOURCES.—The Secretary shall ensure that 
the Director has sufficient resources to carry out the re-
sponsibilities of the Director in a timely manner. 
‘‘(e) REPORT.—The Director shall submit to Con-
gress an annual report on the progress of the medical fa-
cilities of the Department in implementing applicable best 
practices, quality improvements, corrective actions, and 
Inspector General recommendations.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 7309 the following new 
item: 
‘‘7310. Office of Health Care Quality.’’. 
(c) DEADLINE
FOR IMPLEMENTATION.—Not later 
than one year after the date of the enactment of this Act, 
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the Director of the Office of Health Care Quality, as es-
tablished under section 7310 of title 38, United States 
Code, as added by subsection (a), shall develop an initial 
system for proving the notice required under such section 
7310. 
Subtitle D—Medical Workforce 
SEC. 241. DISREGARD OF RESIDENT SLOTS THAT INCLUDE 
VA TRAINING AGAINST THE MEDICARE GRAD-
UATE MEDICAL EDUCATION LIMITATIONS. 
(a) DIRECT GME.—Section 1886(h)(4)(F) of the So-
cial Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amend-
ed by adding at the end the following new clause: 
‘‘(iii) DISREGARD OF CERTAIN RESI-
DENT
SLOTS
THAT
INCLUDE
VA
TRAIN-
ING.—For portions of cost reporting peri-
ods beginning on or after July 1, 2016, in 
applying the limitations regarding the total 
number of full-time equivalent residents in 
the field of allopathic or osteopathic medi-
cine under clause (i) in a hospital’s ap-
proved medical residency training program, 
the Secretary shall not take into account 
any resident within such program that 
counts towards meeting the obligation of 
the Secretary of Veterans Affairs under 
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section 301(b)(2) of the Veterans Access, 
Choice, and Accountability Act of 2014 
(Public Law 113–146; 38 U.S.C. 7302 
note).’’. 
(b) INDIRECT GME.—Section 1886(d)(5)(B)(v) of 
the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)) 
is amended, in the second sentence, by striking ‘‘sub-
section (h)(4)(F)(ii)’’ and inserting ‘‘clauses (ii) and (iii) 
of subsection (h)(4)(F)’’. 
SEC. 242. EXTENSION OF PERIOD FOR INCREASE IN GRAD-
UATE MEDICAL EDUCATION RESIDENCY PO-
SITIONS AT MEDICAL FACILITIES OF THE DE-
PARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Paragraph (2) of section 301(b) 
of the Veterans Access, Choice, and Accountability Act of 
2014 (Public Law 113–146; 38 U.S.C. 7302 note) is 
amended— 
(1) in the paragraph heading, by striking 
‘‘FIVE-YEAR’’ and inserting ‘‘TEN-YEAR’’; and 
(2) in subparagraph (A), by striking ‘‘5-year 
period’’ and inserting ‘‘10-year period’’. 
(b) REPORT.—Paragraph (3)(A) of such section is 
amended by striking ‘‘2019’’ and inserting ‘‘2024’’. 
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SEC. 243. RECRUITMENT OF PHYSICIANS IN DEPARTMENT 
OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 7402(b)(1) of title 38, 
United States Code, is amended— 
(1) by inserting ‘‘or to be offered a contingent 
appointment to such position,’’ after ‘‘position,’’; and 
(2) by striking subparagraph (B) and inserting 
the following new subparagraph (B): 
‘‘(B)(i) have completed a residency program 
satisfactory to the Secretary; or 
‘‘(ii) with respect to an offer for a contingent 
appointment upon the completion of a post-graduate 
training program, complete such a residency pro-
gram by not later than two years after the date of 
such offer; and’’. 
(b) OVERSIGHT OF GRADUATE MEDICAL EDUCATION 
PROGRAMS.—The Secretary shall— 
(1) ensure that a recruiter or other similar offi-
cial of each Veterans Integrated Service Network 
visits, not less than annually, each allopathic and os-
teopathic teaching institution with a graduate med-
ical education program within the Network to re-
cruit individuals to be appointed to positions in the 
Veterans Health Administration; and 
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(2) submit to Congress an annual report on the 
implementation of paragraph (1), including the suc-
cess of such recruiting efforts. 
Subtitle E—Mental Health Care 
SEC. 251. STANDARD OF PROOF FOR SERVICE-CONNECTION 
OF MENTAL HEALTH CONDITIONS RELATED 
TO MILITARY SEXUAL TRAUMA. 
(a) STANDARD OF PROOF.—Section 1154 of title 38, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(c)(1) In the case of any veteran who claims that 
a covered mental health condition was incurred in or ag-
gravated by military sexual trauma during active military, 
naval, or air service, the Secretary shall accept as suffi-
cient proof of service-connection a diagnosis of such men-
tal health condition by a mental health professional to-
gether with satisfactory lay or other evidence of such trau-
ma and an opinion by the mental health professional that 
such covered mental health condition is related to such 
military sexual trauma, if consistent with the cir-
cumstances, conditions, or hardships of such service, not-
withstanding the fact that there is no official record of 
such incurrence or aggravation in such service, and, to 
that end, shall resolve every reasonable doubt in favor of 
the veteran. Service-connection of such covered mental 
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health condition may be rebutted by clear and convincing 
evidence to the contrary. The reasons for granting or de-
nying service-connection in each case shall be recorded in 
full. 
‘‘(2) For purposes of this subsection, in the absence 
of clear and convincing evidence to the contrary, and pro-
vided that the claimed military sexual trauma is consistent 
with the circumstances, conditions, or hardships of the 
veteran’s service, the veteran’s lay testimony alone may 
establish the occurrence of the claimed military sexual 
trauma. 
‘‘(3) In this subsection: 
‘‘(A) The term ‘covered mental health condi-
tion’ means post-traumatic stress disorder, anxiety, 
depression, or other mental health diagnosis de-
scribed in the current version of the Diagnostic and 
Statistical Manual of Mental Disorders published by 
the American Psychiatric Association that the Sec-
retary determines to be related to military sexual 
trauma. 
‘‘(B) The term ‘military sexual trauma’ means, 
with respect to a veteran, psychological trauma, 
which in the judgment of a mental health profes-
sional, resulted from a physical assault of a sexual 
nature, battery of a sexual nature, or sexual harass-
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ment which occurred during active military, naval, 
or air service.’’. 
(b) ANNUAL REPORTS.— 
(1) IN GENERAL.—Subchapter VI of chapter 11 
of title 38, United States Code, is amended by add-
ing at the end the following new section: 
‘‘SEC. 1164. REPORTS ON CLAIMS FOR DISABILITIES IN-
CURRED OR AGGRAVATED BY MILITARY SEX-
UAL TRAUMA. 
‘‘(a) REPORTS.—Not later than December 1, 2016, 
and each year thereafter through 2020, the Secretary shall 
submit to Congress a report on covered claims submitted 
during the previous fiscal year. 
‘‘(b) ELEMENTS.—Each report under subsection (a) 
shall include the following: 
‘‘(1) The number of covered claims submitted 
to or considered by the Secretary during the fiscal 
year covered by the report. 
‘‘(2) Of the covered claims listed under para-
graph (1), the number and percentage of such 
claims— 
‘‘(A) submitted by each sex; 
‘‘(B) that were approved, including the 
number and percentage of such approved claims 
submitted by each sex; and 
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‘‘(C) that were denied, including the num-
ber and percentage of such denied claims sub-
mitted by each sex. 
‘‘(3) Of the covered claims listed under para-
graph (1) that were approved, the number and per-
centage, listed by each sex, of claims assigned to 
each rating percentage. 
‘‘(4) Of the covered claims listed under para-
graph (1) that were denied— 
‘‘(A) the three most common reasons given 
by the Secretary under section 5104(b)(1) of 
this title for such denials; and 
‘‘(B) the number of denials that were 
based on the failure of a veteran to report for 
a medical examination. 
‘‘(5) The number of covered claims that, as of 
the end of the fiscal year covered by the report, are 
pending and, separately, the number of such claims 
on appeal. 
‘‘(6) For the fiscal year covered by the report, 
the average number of days that covered claims take 
to complete beginning on the date on which the 
claim is submitted. 
‘‘(7) A description of the training that the Sec-
retary provides to employees of the Veterans Bene-
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fits Administration specifically with respect to cov-
ered claims, including the frequency, length, and 
content of such training. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered claims’ means claims 
for disability compensation submitted to the Sec-
retary based on a covered mental health condition 
alleged to have been incurred or aggravated by mili-
tary sexual trauma. 
‘‘(2) The term ‘covered mental health condition’ 
has the meaning given that term in subparagraph 
(A) of section 1154(c)(3) of this title. 
‘‘(3) The term ‘military sexual trauma’ has the 
meaning given that term in subparagraph (B) of 
such section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘1164. Annual reports on claims for disabilities incurred or aggravated by mili-
tary sexual trauma.’’. 
(c) EFFECTIVE DATE.—Subsection (c) of section 
1154 of title 38, United States Code, as added by sub-
section (a), shall apply with respect to any claim for dis-
ability compensation under laws administered by the Sec-
retary of Veterans Affairs for which no final decision has 
been made before the date of the enactment of this Act. 
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Subtitle F—Opioid Therapy and 
Pain Management 
SEC. 261. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Many veterans and their families have been 
affected by the national opioid epidemic caused in 
part by the prescription of opioid medication to 
manage pain. 
(2) Prescription opioid overdose rates for vet-
erans receiving medical care furnished by the De-
partment of Veterans Affairs are twice the national 
average. 
(3) More than 50 percent of veterans receiving 
such care are suffering from chronic pain. 
(4) Almost one in three veterans receiving such 
care are prescribed opioids to manage pain. 
(5) Many veterans prescribed opioids for the 
management of chronic pain are at risk of devel-
oping a dependency on opioids. 
(6) Many veterans receive health care from both 
the Department and community providers but the 
lack of care coordination among the Department and 
community providers when veterans receive pur-
chased care places veterans at risk for poor health 
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outcomes and results in inefficient use of finite 
health care resources. 
(7) Veteran-centric care coordination is associ-
ated with improved patient outcomes, as Department 
and non-Department health care teams coordinate 
and collaborate to provide the best care for veterans. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) veterans suffering from opioid dependency 
should receive timely access to treatment and social 
services at Department of Veterans Affairs facilities 
or through qualified community providers and 
should have care and services managed and coordi-
nated by the Department of Veterans Affairs; 
(2) veterans who are authorized by the Sec-
retary of Veterans Affairs to receive opioid addiction 
treatment in the community must not lose the high- 
quality, safety, care coordination, and other veteran- 
centric elements that the health care system of the 
Department of Veterans Affairs provides; and 
(3) if the Secretary purchases care for veterans 
from a community provider, such care must be se-
cured in a cost-effective manner, in a way that com-
plements the larger health care system of the De-
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partment by using industry standards for care and 
costs. 
SEC. 262. PILOT PROGRAM TO IMPROVE TREATMENT FOR 
VETERANS SUFFERING FROM OPIOID ADDIC-
TION AND CHRONIC PAIN. 
(a) IN GENERAL.—Beginning not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs shall conduct a pilot program 
under which the Secretary provides health and social serv-
ices and coordination of care and case management to cov-
ered veterans in need of treatment for opioid addiction and 
chronic pain through facilities of the Department and 
through qualified non-Department health care providers. 
(b) PROGRAM LOCATIONS.— 
(1) IN GENERAL.—The pilot program shall be 
carried out within at least five areas within different 
States. 
(2) SELECTION.— 
(A) IN GENERAL.—The Secretary shall se-
lect five States with Department medical facili-
ties to participate in the pilot program. Each of 
the five Department facilities selected shall be 
located in States that demonstrate— 
(i) the need for additional resources to 
provide health care services, including 
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mental health, chronic pain management 
and social services to veterans in need of 
treatment for opioid abuse based upon the 
community assessment in subsection (a) of 
this section; 
(ii) demographic, population, and cen-
sus data showing the highest rates per 
capita of opioid addiction in the United 
States or greater demand in the veteran 
patient population than capacity in facili-
ties of the Department for treatment for 
opioid addiction; and 
(iii) lack of sufficient Department ca-
pacity to meet the demand of all patients 
in need of treatment for opioid addiction. 
(B) OTHER REQUIREMENTS.—In addition 
to the requirements in subparagraph (A), not 
fewer than four of the five selected States shall 
include— 
(i) at least one highly rural county, as 
determined by the Secretary upon consid-
eration of the most recent decennial census 
with the highest per capita rate of opioid 
addiction; 
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(ii) an urban county as determined by 
the Secretary upon consideration of the 
most recent decennial census with the larg-
est population per capita of opioid addic-
tion; 
(iii) a county as determined by the 
Secretary in a State with one of the high-
est statistically significant drug and opioid 
overdose death rate increases from 2013 to 
2014 according to the Centers for Disease 
Control and Prevention and a low expendi-
ture of funding per capita on substance 
abuse treatment in comparison to other 
States; and 
(iv) a county as determined by the 
Secretary in a State with a high rate per 
capita of veterans diagnosed with chronic 
pain and prescribed prescription opioids. 
(c) PROVISION
OF
SERVICES
THROUGH
CON-
TRACT.—The Secretary may provide health care services 
to veterans under the pilot program by entering into con-
tracts with non-Department health care providers which 
are qualified to provide such services, as determined by 
the Secretary. 
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(d) EXCHANGE OF MEDICAL INFORMATION.—In con-
ducting the pilot program under this section, the Secretary 
shall develop and use a functional capability to provide for 
the exchange of appropriate medical information between 
the Department and any non-Department provider with 
which the Secretary enters into a contract under sub-
section (c). 
(e) REPORT.—Not later than the 30 days after the 
end of each year in which the pilot program under this 
section is conducted, the Secretary shall submit to the 
Committee on Veterans’ Affairs of the Senate and the 
Committee on Veterans’ Affairs of the House of Rep-
resentatives a report which includes— 
(1) the assessment of the Secretary of the pilot 
program during the preceding year, including its 
cost, volume, quality, patient satisfaction, benefit to 
veterans, and such other findings and conclusions 
with respect to the pilot program as the Secretary 
considers appropriate; and 
(2) such recommendations as the Secretary con-
siders appropriate regarding— 
(A) the continuation of the pilot program; 
(B) extension of the pilot program to addi-
tional Veterans Integrated Service Networks of 
the Department; and 
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(C) making the pilot program permanent. 
(f) COVERED VETERAN.—In this section, the term 
‘‘covered veteran’’ means a veteran who— 
(1) is enrolled in the system of patient enroll-
ment established under section 1705(a) of title 38, 
United States Code, as of the date of the commence-
ment of the pilot program under subsection (a)(2); 
(2) is eligible for health care under section 
1710(e)(3)(C) of title 38, United States Code; or 
(3) is determined by the Secretary to be in need 
of treatment for opioid addiction and chronic pain. 
(g) TERMINATION.—The authority to carry out a 
pilot program under this section shall terminate on the 
date that is three years after the date of the commence-
ment of the pilot program. 
SEC. 263. ASSESSMENT OF DEPARTMENT AND NON-DE-
PARTMENT CAPABILITIES TO TREAT OPIOID 
DEPENDENCY 
AND 
ENSURE 
ACCESS 
TO 
NEEDED HEALTH CARE SERVICES. 
(a) ASSESSMENT OF DEPARTMENT CAPABILITIES.— 
The Secretary shall conduct an assessment of the capabili-
ties of the Department of Veterans Affairs, using such 
data, including demographic data and patient access data, 
as the Secretary determines necessary to provide— 
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(1) health care services related to the treatment 
of opioid dependency and abuse, including mental 
health, opioid agonist treatment, social services, and 
non-opioid chronic pain management necessary for 
treating opioid addiction nationally, regionally, and 
locally; 
(2) management of chronic pain without the 
long-term use of opioids, including alternative thera-
pies such as physical therapy, chiropractic care, acu-
puncture, massage, exercise programs, and other 
such evidence-based and experimental treatments; 
(3) evidence-based methods for safely reducing 
the dose and duration of the prescription of opioids 
for patients; 
(4) methods by which health care services are 
coordinated by the Department when care is pro-
vided by community providers; and 
(5) the manner by which the Department en-
sures placement of veterans in need of treatment for 
opioid dependency in treatment programs within a 
clinically sufficient time period according to pub-
lished practice guidelines for the treatment of pa-
tients with opioid dependency. 
(b) ASSESSMENT OF NON-DEPARTMENT CAPABILI-
TIES.—In addition to the assessment required under sub-
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section (a), the Secretary shall concurrently conduct an 
assessment of community providers to provide health care, 
mental health, social services, and alternative chronic pain 
management treatments necessary for the treatment of 
veterans diagnosed with an opioid addiction and for the 
treatment of veterans suffering from chronic pain. 
(c) COMMUNITY PROVIDERS.—In this section, the 
term ‘‘community provider’’ means a non-Department of 
Veterans Affairs health care provider or social services 
provider determined by the Secretary as capable of pro-
viding health care services related to the treatment of 
opioid dependency and abuse, including mental health, 
opioid agonist treatment, social services, and non-opioid 
chronic pain management. 
(d) REPORT.—At the conclusion of the assessments 
conducted under this section, and not later than one year 
after the date of the enactment of this Act, the Secretary 
shall submit to the Committees on Veterans’ Affairs of 
the Senate and House of Representatives a comprehensive 
summary of the results of the assessments, including any 
implementation plans resulting from such assessments, 
and any recommendations for ways to better enable the 
Department to provide health care services within the pro-
grams and facilities of the Department and in coordina-
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tion with community providers to veterans needing treat-
ment for pain management and opioid addiction. 
SEC. 264. INCREASED ACCESS TO NALOXONE AND OTHER 
TREATMENTS FOR REVERSING OPIOID OVER-
DOSE. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall require all appropriate health care facilities of the 
Department of Veterans Affairs, and all Vet Centers and 
other Department facilities providing mental health and 
social services to veterans, to have a supply of naloxone 
or other medication for reversing opioid overdose. 
(b) TRAINING ON USE OF MEDICATION.—The Sec-
retary shall ensure that all appropriate employees of the 
Department who are employed at facilities referred to in 
subsection (a) receive training on the administration of 
naloxone or other medication for reversing opioid overdose. 
Subtitle G—Toxic Exposure 
SEC. 271. CENTER OF EXCELLENCE IN PREVENTION, DIAG-
NOSIS, MITIGATION, TREATMENT, AND REHA-
BILITATION OF HEALTH CONDITIONS RELAT-
ING TO EXPOSURE TO BURN PITS AND OTHER 
ENVIRONMENTAL EXPOSURES. 
(a) ESTABLISHMENT.—The Secretary of Veterans 
Affairs shall establish within the Department of Veterans 
Affairs a center of excellence in the prevention, diagnosis, 
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mitigation, treatment, and rehabilitation of health condi-
tions relating to exposure to burn pits and other environ-
mental exposures to carry out the responsibilities specified 
in subsection (d). Such center shall be established using— 
(1) the directives, policies, and Comptroller 
General and Inspector General recommendations in 
effect as of the date of the enactment of this Act; 
and 
(2) guidance issued pursuant to section 313 of 
the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1692; 
10 U.S.C. 1074 note). 
(b) SELECTION OF SITES.—In selecting the site for 
the center of excellence established under subsection (a), 
the Secretary of Veterans Affairs shall consider entities 
that— 
(1) are equipped with the specialized equipment 
needed to study, diagnose, and treat health condi-
tions relating to exposure to burn pits and other en-
vironmental exposures; 
(2) have a publication track record of post-de-
ployment health exposures among veterans who 
served in the Armed Forces in support of Operation 
Iraqi Freedom and Operation Enduring Freedom; 
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(3) have collaborated with a geosciences depart-
ment that has a medical geology division; 
(4) have developed animal models and in vitro 
models of dust immunology and lung injury con-
sistent with the injuries of members of the Armed 
Forces who served in support of Operation Iraqi 
Freedom and Operation Enduring Freedom; and 
(5) have expertise in allergy and immunology, 
pulmonary diseases, and industrial and management 
engineering. 
(c) COLLABORATION.—The Secretary shall ensure 
that the center of excellence collaborates, to the maximum 
extent practicable, with the Secretary of Defense, institu-
tions of higher education, and other appropriate public 
and private entities (including international entities) to 
carry out the responsibilities specified in subsection (d). 
(d) RESPONSIBILITIES.—The center of excellence 
shall have the following responsibilities: 
(1) To provide for the development, testing, and 
dissemination within the Department of Veterans 
Affairs of best practices for the treatment of health 
conditions relating to exposure to burn pits and 
other environmental exposures. 
(2) To provide guidance for the health system 
of the Department of Veterans Affairs and the De-
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partment of Defense in determining the personnel 
required to provide quality health care for members 
of the Armed Forces and veterans with health condi-
tions relating to exposure to burn pits and other en-
vironmental exposures. 
(3) To establish, implement, and oversee a com-
prehensive program to train health professionals of 
the Department of Veterans Affairs and the Depart-
ment of Defense in the treatment of health condi-
tions relating to exposure to burn pits and other en-
vironmental exposures. 
(4) To facilitate advancements in the study of 
the short-term and long-term effects of exposure to 
burn pits and other environmental exposures. 
(5) To disseminate within the military medical 
treatment facilities of the Department of Veterans 
Affairs best practices for training health profes-
sionals with respect to health conditions relating to 
exposure to burn pits and other environmental expo-
sures. 
(6) To conduct basic science and translational 
research on health conditions relating to exposure to 
burn pits and other environmental exposures for the 
purposes of understanding the etiology of such con-
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ditions and developing preventive interventions and 
new treatments. 
(7) To provide medical treatment to all veterans 
identified as part of the burn pits registry estab-
lished under section 201 of the Dignified Burial and 
Other Veterans’ Benefits Improvement Act of 2012 
(Public Law 112–260; 38 U.S.C. 527 note). 
(e) USE OF BURN PITS REGISTRY DATA.—In car-
rying out its responsibilities under subsection (d), the cen-
ter shall have access to and make use of the data accumu-
lated by the burn pits registry established under section 
201 of the Dignified Burial and Other Veterans’ Benefits 
Improvement Act of 2012 (Public Law 112–260; 38 
U.S.C. 527 note). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘burn pit’’ means an area of land 
located in Afghanistan or Iraq that— 
(A) is designated by the Secretary of De-
fense to be used for disposing solid waste by 
burning in the outdoor air; and 
(B) does not contain a commercially manu-
factured incinerator or other equipment specifi-
cally designed and manufactured for the burn-
ing of solid waste. 
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(2) The term ‘‘other environmental exposures’’ 
means exposure to environmental hazards, including 
burn pits, dust or sand, hazardous materials, and 
waste at any site in Afghanistan or Iraq that emits 
smoke containing pollutants present in the environ-
ment or smoke from fires or explosions. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$30,000,000 for each of fiscal years 2016 through 2021. 
TITLE III—EDUCATION 
Subtitle A—GI Bill Oversight 
SEC. 301. DEPARTMENT OF VETERANS AFFAIRS INSPECTOR 
GENERAL HEIGHTENED SCRUTINY OF PRO-
GRAMS OF EDUCATION. 
(a) IN GENERAL.—Subchapter II of chapter 36 of 
title 38, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3699. Inspector General heightened scrutiny of 
programs of education 
‘‘(a) HEIGHTENED SCRUTINY REQUIRED.—The In-
spector General of the Department shall apply heightened 
scrutiny to any program of education if any Federal or 
State agency has made a final determination or settlement 
that the program of education used deceptive or mis-
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leading practices that are potentially in violation of section 
3696 of this title. 
‘‘(b) NOTICE TO STUDENTS.—(1) Upon commence-
ment of heightened scrutiny with respect to a program of 
education under this section, the Secretary shall provide 
notice of the heightened scrutiny and the reasons for such 
heightened scrutiny to any individual who— 
‘‘(A) is enrolled in a course of education ap-
proved under this chapter provided by the program 
of education; and 
‘‘(B) is entitled to educational assistance under 
the laws administered by the Secretary. 
‘‘(2) The Secretary shall provide to any individual 
who receives notice under this subsection advice that the 
individual— 
‘‘(A) request a copy of the individual’s tran-
script; and 
‘‘(B) seek counseling from an appropriate advi-
sor about transferring any credits earned at the pro-
gram of education. 
‘‘(c) MONITORING OF ALLEGATIONS.—The Secretary 
shall monitor allegations of deceptive and misleading prac-
tices made against programs of education offering courses 
of education approved for purposes of this chapter, includ-
ing Federal and State investigations. The Secretary shall 
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include information about any such allegation on the GI 
Bill Comparison Tool, or any similar Internet website of 
the Department.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end of the items relating to subchapter II the fol-
lowing new item: 
‘‘3699. Inspector General heightened scrutiny of programs of education.’’. 
SEC. 302. DEPARTMENT OF VETERANS AFFAIRS DIS-
APPROVAL OF COURSES OF EDUCATION OF-
FERED BY INSTITUTIONS OF HIGHER LEARN-
ING ACCUSED OF CERTAIN DECEPTIVE OR 
MISLEADING PRACTICES. 
Section 3679 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d)(1) The Secretary shall disapprove a course of 
education provided by an institution of higher learning if 
the Secretary determines pursuant to heightened scrutiny 
applied by the Inspector General under section 3699 of 
this title that the institution of higher learning has en-
gaged in practices that are in violation of section 3696 
of this title. 
‘‘(2) The Secretary shall provide counseling services 
to individuals enrolled in a course of education dis-
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approved under paragraph (1) to assist such individuals 
in transferring to another institution of higher learning.’’. 
SEC. 303. INTERAGENCY WORKING GROUP ON PROGRAMS 
OF EDUCATION EMPLOYING DECEPTIVE OR 
MISLEADING PRACTICES. 
The Secretary of Veterans Affairs, in collaboration 
with the Secretary of Education, the Secretary of Defense, 
the Commissioner of the Federal Trade Commission, the 
Commissioner of the Securities and Exchange Commis-
sion, and the Director of the Bureau of Consumer Finan-
cial Protection, shall establish an interagency working 
group to— 
(1) share information regarding programs of 
education that employ deceptive or misleading prac-
tices; and 
(2) enter into memorandum of understanding 
under which the Inspector Generals of each relevant 
department or agency agree to share information to 
determine if funds from other Federal programs are 
affected when one department or agency takes ac-
tion to investigate a program of education for decep-
tive or misleading practices. 
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SEC. 304. APPROVAL OF COURSES FOR PURPOSES OF EDU-
CATIONAL ASSISTANCE PROGRAMS ADMINIS-
TERED BY SECRETARY OF VETERANS AF-
FAIRS. 
(a) APPROVAL
OF NON-ACCREDITED COURSES.— 
Subsection (c) of section 3676 of title 38, United States 
Code, is amended— 
(1) by redesignating paragraph (14) as para-
graph (16); and 
(2) by inserting after paragraph (13) the fol-
lowing new paragraphs: 
‘‘(14) In the case of a program designed to pre-
pare an individual for licensure or certification in a 
State, the program meets any instructional cur-
riculum licensure or certification requirements of 
such State. 
‘‘(15) In the case of a program designed to pre-
pare an individual for employment pursuant to 
standards developed by a board or agency of a State 
in an occupation that requires approval or licensure, 
the program is approved or licensed by such board 
or agency of the State.’’. 
(b) EXCEPTIONS.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(f)(1) The Secretary may waive the requirements of 
paragraph (14) or (15) of subsection (c) in the case of 
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a program of education offered by an educational institu-
tion if the Secretary determines all of the following: 
‘‘(A) The educational institution is not accred-
ited by an agency or association recognized by the 
Secretary of Education. 
‘‘(B) The program did not meet the require-
ments of such paragraph at any time during the 
two-year period preceding the date of the waiver. 
‘‘(C) The waiver furthers the purposes of the 
educational assistance programs administered by the 
Secretary or would further the education interests of 
individuals eligible for assistance under such pro-
grams. 
‘‘(D) The educational institution does not pro-
vide any commission, bonus, or other incentive pay-
ment based directly or indirectly on success in secur-
ing enrollments or financial aid to any persons or 
entities engaged in any student recruiting or admis-
sion activities or in making decisions regarding the 
award of student financial assistance, except for the 
recruitment of foreign students residing in foreign 
countries who are not eligible to receive Federal stu-
dent assistance. 
‘‘(2) Not later than 30 days after the Secretary issues 
a waiver under paragraph (1), the Secretary shall submit 
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to Congress notice of the waiver and the justification of 
the Secretary for issuing the waiver.’’. 
(c) APPROVAL OF ACCREDITED PROGRAMS.—Section 
3675(b)(3) of such title is amended— 
(1) by striking ‘‘and (3)’’ and inserting ‘‘(3), 
(14), and (15)’’; and 
(2) by inserting before the period at the end the 
following: ‘‘(or, with respect to such paragraphs (14) 
and (15), the requirements under such paragraphs 
are waived pursuant to subsection (f) of section 
3676)’’. 
(d) DISAPPROVAL OF COURSES.—Section 3679 of 
such title is amended by adding at the end the following 
new subsection: 
‘‘(d) Notwithstanding any other provision of this 
chapter, the Secretary shall disapprove a course of edu-
cation described in section 3676(c)(14) or (15) unless the 
educational institution providing the course of education 
publicly discloses any conditions or additional require-
ments, including training, experience, or exams, required 
to obtain the license, certification, or approval for which 
the course of education is designed to provide prepara-
tion.’’. 
(e) 
CONFORMING
AMENDMENT.—Section 
3672(b)(2)(A)(i) of such title is amended by striking ‘‘An 
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accredited’’ and inserting ‘‘Except as provided in para-
graphs (14) and (15) of section 3676(c) of this title, an 
accredited’’. 
(f) APPLICABILITY.—If after enrollment in a course 
of education that is subject to disapproval by reason of 
an amendment made by this Act, an individual pursues 
one or more courses of education at the same educational 
institution while remaining continuously enrolled (other 
than during regularly scheduled breaks between courses, 
semesters or terms) at that institution, any course so pur-
sued by the individual at that institution while so continu-
ously enrolled shall not be subject to disapproval by reason 
of such amendment. 
SEC. 305. PROGRAM PARTICIPATION AGREEMENTS FOR 
PROPRIETARY 
INSTITUTIONS 
OF 
HIGHER 
EDUCATION. 
Section 487 of the Higher Education Act of 1965 (20 
U.S.C. 1094) is amended— 
(1) in subsection (a)(24)— 
(A) by inserting ‘‘that receives funds pro-
vided under this title’’ before ‘‘, such institu-
tion’’; and 
(B) by striking ‘‘other than funds provided 
under this title, as calculated in accordance 
with subsection (d)(1)’’ and inserting ‘‘other 
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than Federal educational assistance, as defined 
in subsection (d)(5) and calculated in accord-
ance with subsection (d)(1)’’; and 
(2) in subsection (d)— 
(A) in the subsection heading, by striking 
‘‘NON-TITLE IV’’ and inserting ‘‘NON-FED-
ERAL EDUCATIONAL’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘that receives 
funds provided under this title’’ before 
‘‘shall’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘as-
sistance under this title’’ and insert-
ing ‘‘Federal educational assistance’’; 
and 
(II) in clause (ii)(I), by inserting 
‘‘, or on a military base if the admin-
istering Secretary for a program of 
Federal educational assistance under 
clause (ii), (iii), or (iv) of paragraph 
(5)(B) has authorized such location’’ 
before the semicolon; 
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(iii) in subparagraph (C), by striking 
‘‘program under this title’’ and inserting 
‘‘program of Federal educational assist-
ance’’; 
(iv) in subparagraph (E), by striking 
‘‘funds received under this title’’ and in-
serting ‘‘Federal educational assistance’’; 
and 
(v) in subparagraph (F)— 
(I) in clause (iii), by striking 
‘‘under this title’’ and inserting ‘‘of 
Federal educational assistance’’; and 
(II) in clause (iv), by striking 
‘‘under this title’’ and inserting ‘‘of 
Federal educational assistance’’; 
(C) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) INELIGIBILITY.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, a proprietary 
institution of higher education receiving 
funds provided under this title that fails to 
meet a requirement of subsection (a)(24) 
for two consecutive institutional fiscal 
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years shall be ineligible to participate in or 
receive funds under any program of Fed-
eral educational assistance for a period of 
not less than two institutional fiscal years. 
‘‘(ii) REGAINING ELIGIBILITY.—To re-
gain eligibility to participate in or receive 
funds under any program of Federal edu-
cational assistance after being ineligible 
pursuant to clause (i), a proprietary insti-
tution of higher education shall dem-
onstrate compliance with all eligibility and 
certification requirements for the program 
for a minimum of two consecutive institu-
tional fiscal years after the institutional 
fiscal year in which the institution became 
ineligible. In order to regain eligibility to 
participate in any program of Federal edu-
cational assistance under this title, such 
compliance shall include meeting the re-
quirements of section 498 for such 2-year 
period. 
‘‘(iii) 
NOTIFICATION
OF
INELIGI-
BILITY.—The Secretary of Education shall 
determine when a proprietary institution of 
higher education that receives funds under 
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this title is ineligible under clause (i) and 
shall notify all other administering Secre-
taries of the determination. 
‘‘(iv) ENFORCEMENT.—Each admin-
istering Secretary for a program of Fed-
eral educational assistance shall enforce 
the requirements of this subparagraph for 
the program concerned upon receiving no-
tification under clause (iii) of a proprietary 
institution of higher education’s ineligi-
bility.’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘In addi-
tion’’ and all that follows through 
‘‘education fails’’ and inserting 
‘‘Notwithstanding any other pro-
vision of law, in addition to such 
other means of enforcing the re-
quirements of a program of Fed-
eral educational assistance as 
may be available to the admin-
istering Secretary, if a propri-
etary institution of higher edu-
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cation that receives funds pro-
vided under this title fails’’; and 
(bb) by striking ‘‘the pro-
grams authorized by this title’’ 
and inserting ‘‘all programs of 
Federal educational assistance’’; 
and 
(II) in clause (i), by inserting 
‘‘with respect to a program of Federal 
educational 
assistance 
under 
this 
title,’’ before ‘‘on the expiration date’’; 
(D) in paragraph (4)(A), by striking 
‘‘sources under this title’’ and inserting ‘‘Fed-
eral educational assistance’’; and 
(E) by adding at the end the following: 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) ADMINISTERING
SECRETARY.—The 
term ‘administering Secretary’ means the Sec-
retary of Education, the Secretary of Defense, 
the Secretary of Veterans Affairs, the Secretary 
of Homeland Security, or the Secretary of a 
military department responsible for admin-
istering the Federal educational assistance con-
cerned. 
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‘‘(B) FEDERAL
EDUCATIONAL
ASSIST-
ANCE.—The term ‘Federal educational assist-
ance’ means funds provided under any of the 
following provisions of law: 
‘‘(i) This title. 
‘‘(ii) Chapter 30, 31, 32, 33, 34, or 
35 of title 38, United States Code. 
‘‘(iii) Chapter 101, 105, 106A, 1606, 
1607, or 1608 of title 10, United States 
Code. 
‘‘(iv) Section 1784a of title 10, United 
States Code.’’. 
SEC. 306. DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
VETERANS AFFAIRS ACTIONS ON INELIGI-
BILITY OF CERTAIN PROPRIETARY INSTITU-
TIONS OF HIGHER EDUCATION FOR PARTICI-
PATION IN PROGRAMS OF EDUCATIONAL AS-
SISTANCE. 
(a) DEPARTMENT OF DEFENSE.— 
(1) IN
GENERAL.—Chapter 101 of title 10, 
United States Code, is amended by inserting after 
section 2008 the following new section: 
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‘‘§ 2008a. Ineligibility of certain proprietary institu-
tions of higher education for participa-
tion in Department of Defense programs 
of educational assistance 
‘‘(a) IN GENERAL.—Upon receipt of a notice from 
the Secretary of Education under clause (iii) of section 
487(d)(2)(A) of the Higher Education Act of 1965 (20 
U.S.C. 1094(d)(2)(A)) that a proprietary institution of 
higher education is ineligible for participation in or receipt 
of funds under any program of Federal educational assist-
ance by reason of such section, the Secretary of Defense 
shall ensure that no educational assistance under the pro-
visions of law specified in subsection (b) is available or 
used for education at the institution for the period of insti-
tutional fiscal years covered by such notice. 
‘‘(b) COVERED ASSISTANCE.—The provisions of law 
specified in this subsection are the provisions of law on 
educational assistance through the Department of Defense 
as follows: 
‘‘(1) This chapter. 
‘‘(2) Chapters 105, 106A, 1606, 1607, and 
1608 of this title. 
‘‘(3) Section 1784a of this title. 
‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Secretary 
of Defense shall take appropriate actions to notify persons 
receiving or eligible for educational assistance under the 
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provisions of law specified in subsection (b) of the applica-
tion of the limitations in section 487(d)(2) of the Higher 
Education Act of 1965 to particular proprietary institu-
tions of higher education. 
‘‘(2) The actions taken under this subsection with re-
spect to a proprietary institution shall include publication, 
on the Internet website of the Department of Defense that 
provides information to persons described in paragraph 
(1), of the following: 
‘‘(A) The name of the institution. 
‘‘(B) The extent to which the institution failed 
to meet the requirements of section 487(a)(24) of 
the Higher Education Act of 1965. 
‘‘(C) The length of time the institution will be 
ineligible for participation in or receipt of funds 
under any program of Federal educational assistance 
by reason of section 487(d)(2)(A) of that Act. 
‘‘(D) The nonavailability of educational assist-
ance through the Department for enrollment, at-
tendance, or pursuit of a program of education at 
the institution by reason of such ineligibility.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 101 of such title 
is amended by inserting after the item relating to 
section 2008 the following new item: 
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‘‘2008a. Ineligibility of certain proprietary institutions of higher education for 
participation in Department of Defense programs of edu-
cational assistance.’’. 
(b) DEPARTMENT OF VETERANS AFFAIRS.— 
(1) IN GENERAL.—Subchapter II of chapter 36 
of title 38, United States Code, is amended by in-
serting after section 3681 the following new section: 
‘‘§ 3681A. Ineligibility of certain proprietary institu-
tions of higher education for participa-
tion in Department of Veterans Affairs 
programs of educational assistance 
‘‘(a) IN GENERAL.—Upon receipt of a notice from 
the Secretary of Education under clause (iii) of section 
487(d)(2)(A) of the Higher Education Act of 1965 (20 
U.S.C. 1094(d)(2)(A)) that a proprietary institution of 
higher education is ineligible for participation in or receipt 
of funds under any program of Federal educational assist-
ance by reason of such section, the Secretary of Veterans 
Affairs shall ensure that no educational assistance under 
the provisions of law specified in subsection (b) is available 
or used for education at the institution for the period of 
institutional fiscal years covered by such notice. 
‘‘(b) COVERED ASSISTANCE.—The provisions of law 
specified in this subsection are the provisions of law on 
educational assistance through the Department under 
chapters 30, 31, 32, 33, 34, and 35 of this title. 
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‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Secretary 
of Veterans Affairs shall take appropriate actions to notify 
persons receiving or eligible for educational assistance 
under the provisions of law specified in subsection (b) of 
the application of the limitations in section 487(d)(2) of 
the Higher Education Act of 1965 to particular propri-
etary institutions of higher education. 
‘‘(2) The actions taken under this subsection with re-
spect to a proprietary institution shall include publication, 
on the Internet website of the Department that provides 
information to persons described in paragraph (1), of the 
following: 
‘‘(A) The name of the institution. 
‘‘(B) The extent to which the institution failed 
to meet the requirements of section 487(a)(24) of 
the Higher Education Act of 1965. 
‘‘(C) The length of time the institution will be 
ineligible for participation in or receipt of funds 
under any program of Federal educational assistance 
by reason of section 487(d)(2)(A) of that Act. 
‘‘(D) The nonavailability of educational assist-
ance through the Department for enrollment, at-
tendance, or pursuit of a program of education at 
the institution by reason of such ineligibility.’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 36 of such title is 
amended by inserting after the item relating to sec-
tion 3681 the following new item: 
‘‘3681A. Ineligibility of certain proprietary institutions of higher education for 
participation in Department of Veterans Affairs programs of 
educational assistance.’’. 
Subtitle B—Supports for Student 
Veterans 
SEC. 
311. 
RESTORATION 
OF 
ENTITLEMENT 
TO 
EDU-
CATIONAL ASSISTANCE AND OTHER RELIEF 
FOR VETERANS AFFECTED BY CLOSURES OF 
EDUCATIONAL INSTITUTIONS. 
(a) EDUCATIONAL ASSISTANCE.— 
(1) IN
GENERAL.—Section 3312 of title 38, 
United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(d) DISCONTINUATION
OF EDUCATION DUE
TO 
CLOSURE OF EDUCATIONAL INSTITUTION.— 
‘‘(1) IN
GENERAL.—Any payment of edu-
cational assistance described in paragraph (2) shall 
not— 
‘‘(A) be charged against any entitlement to 
educational assistance of the individual con-
cerned under this chapter; or 
‘‘(B) be counted against the aggregate pe-
riod for which section 3695 of this title limits 
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the individual’s receipt of educational assistance 
under this chapter. 
‘‘(2) DESCRIPTION
OF
PAYMENT
OF
EDU-
CATIONAL ASSISTANCE.—Subject to paragraph (3), 
the payment of educational assistance described in 
this paragraph is the payment of such assistance to 
an individual for pursuit of a course or courses 
under this chapter if the Secretary finds that the in-
dividual— 
‘‘(A) was forced to discontinue such course 
pursuit as a result of a permanent closure of an 
educational institution; and 
‘‘(B) did not receive credit, or lost training 
time, toward completion of the program of edu-
cation being pursued at the time of such clo-
sure. 
‘‘(3) PERIOD
FOR
WHICH
PAYMENT
NOT 
CHARGED.—The period for which, by reason of this 
subsection, educational assistance is not charged 
against entitlement or counted toward the applicable 
aggregate period under section 3695 of this title 
shall not exceed the aggregate of— 
‘‘(A) the portion of the period of enroll-
ment in the course or courses from which the 
individual failed to receive credit or with respect 
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to which the individual lost training time, as de-
termined under paragraph (2)(B), and 
‘‘(B) the period by which monthly stipend 
is extended under section 3680(a)(2)(B) of this 
title.’’. 
(2) APPLICABILITY.—Subsection (d) of such 
section, as added by paragraph (1), shall apply with 
respect to courses and programs of education discon-
tinued as described in subparagraph (A) or (B) of 
paragraph (2) of such subsection in fiscal year 2015 
or any fiscal year thereafter. 
(b) MONTHLY HOUSING STIPEND.— 
(1) IN GENERAL.—Section 3680(a) of such title 
is amended— 
(A) by striking the matter after paragraph 
(3)(B); 
(B) in paragraph (3), by redesignating 
subparagraphs (A) and (B) as clauses (i) and 
(ii), respectively; 
(C) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively; 
(D) in the matter before subparagraph 
(A), as redesignated, in the first sentence, by 
striking ‘‘Payment of’’ and inserting ‘‘(1) Ex-
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cept as provided in paragraph (2), payment of’’; 
and 
(E) by adding at the end the following new 
paragraph (2): 
‘‘(2) Notwithstanding paragraph (1), the Secretary 
may, pursuant to such regulations as the Secretary shall 
prescribe, continue to pay allowances to eligible veterans 
and eligible persons enrolled in courses set forth in para-
graph (1)(A)— 
‘‘(A) during periods when schools are tempo-
rarily closed under an established policy based on an 
Executive order of the President or due to an emer-
gency situation, except that the total number of 
weeks for which allowances may continue to be so 
payable in any 12-month period may not exceed four 
weeks; or 
‘‘(B) solely for the purpose of awarding a 
monthly housing stipend described in section 3313 
of this title, during periods following a permanent 
school closure, except that payment of such a sti-
pend may only be continued until the earlier of— 
‘‘(i) the date of the end of the term, quar-
ter, or semester during which the school closure 
occurred; and 
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‘‘(ii) the date that is 4 months after the 
date of the school closure.’’. 
(2) 
CONFORMING
AMENDMENT.—Paragraph 
(1)(C)(ii) of such section, as redesignated, is amend-
ed by striking ‘‘described in subclause (A) of this 
clause’’ and inserting ‘‘described in clause (ii)’’. 
SEC. 312. WORK-STUDY ALLOWANCE. 
Section 3485(a)(4) of title 38, United States Code, 
is amended by striking ‘‘June 30, 2013’’ each place it ap-
pears and inserting ‘‘June 30, 2020’’. 
SEC. 313. COSTS OF APPLYING TO INSTITUTION OF HIGHER 
LEARNING. 
(a) IN GENERAL.—Chapter 33 of title 38, United 
States Code, is amended by inserting after section 3315A 
the following new section: 
‘‘§ 3315B. Costs of applying to institution of higher 
learning 
‘‘(a) IN GENERAL.—An individual entitled to edu-
cational assistance under this chapter shall also be entitled 
to educational assistance for the application fee required 
to apply to an approved program of education at an insti-
tution of higher learning. 
‘‘(b) AMOUNT.—The total amount of educational as-
sistance payable under this chapter to an individual for 
applications described in subsection (a) is the lesser of— 
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‘‘(1) the total application fees charged to the in-
dividual by the institutions of higher learning; or 
‘‘(2) $750. 
‘‘(c) CHARGE AGAINST ENTITLEMENT.—The number 
of months (and any fraction thereof) of entitlement 
charged an individual under this chapter for an applica-
tion described in subsection (a) shall be determined at the 
rate of one month for each amount that equals the amount 
determined under section 3315A(c)(2) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 3315A the following new 
item: 
‘‘3315B. Costs of applying to institution of higher learning.’’. 
SEC. 314. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND 
IMPROVE VETERAN STUDENT CENTERS. 
Title VIII of the Higher Education Act of 1965 is 
amended by striking part T (20 U.S.C. 1161t) and insert-
ing the following: 
‘‘PART T—GRANTS FOR VETERAN STUDENT 
CENTERS 
‘‘SEC. 873. GRANTS FOR VETERAN STUDENT CENTERS. 
‘‘(a) GRANTS AUTHORIZED.—Subject to the avail-
ability of appropriations under subsection (i), the Sec-
retary shall award grants to institutions of higher edu-
cation or consortia of institutions of higher education to 
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assist in the establishment, maintenance, improvement, 
and operation of Veteran Student Centers. The Secretary 
shall award not more than 30 grants under this sub-
section. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) APPLICATION.—An institution or consor-
tium seeking a grant under subsection (a) shall sub-
mit to the Secretary an application at such time, in 
such manner, and containing such information as 
the Secretary may require. 
‘‘(2) CRITERIA.—The Secretary may award a 
grant under subsection (a) to an institution or a 
consortium if the institution or consortium meets 
each of the following criteria: 
‘‘(A) The institution or consortium enrolls 
in undergraduate or graduate courses— 
‘‘(i) a significant number of veteran 
students, members of the Armed Forces 
serving on active duty, and members of a 
reserve component of the Armed Forces; or 
‘‘(ii) a significant percentage of vet-
eran students, 
as measured by comparing the overall enroll-
ment of the institution or consortium to the 
number, for the most recent academic year for 
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which data are available, of veteran students, 
members of the Armed Forces serving on active 
duty, and members of a reserve component of 
the Armed Forces who are enrolled in under-
graduate or graduate courses at the institution 
or consortium. 
‘‘(B) The institution or consortium pre-
sents a sustainability plan to demonstrate that 
its Veteran Student Center will be maintained 
and will continue to operate after the grant pe-
riod of the grant received under subsection (a) 
has ended. 
‘‘(3) 
ADDITIONAL
CRITERIA.—In 
awarding 
grants under subsection (a), the Secretary— 
‘‘(A) shall consider institutions or con-
sortia representing a broad spectrum of sectors 
and sizes, including institutions or consortia 
from urban, suburban, and rural regions of the 
United States; and 
‘‘(B) may provide consideration to institu-
tions or consortia that meet one or more of the 
following criteria: 
‘‘(i) The institution or consortium is 
located in a region or community that has 
a significant population of veterans. 
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‘‘(ii) The institution or consortium 
carries out programs or activities that as-
sist veterans in the local community and 
the spouses of veteran students. 
‘‘(iii) The institution or consortium 
partners in its veteran-specific program-
ming with nonprofit veteran service organi-
zations, local workforce development orga-
nizations, or institutions of higher edu-
cation. 
‘‘(iv) The institution or consortium 
commits to hiring a staff at the Veteran 
Student Center that includes veterans (in-
cluding veteran student volunteers and vet-
eran students participating in a Federal 
work-study program under part C of title 
IV, a work-study program administered by 
the Secretary of Veterans Affairs, or a 
State work-study program). 
‘‘(v) The institution or consortium 
commits to using a portion of the grant re-
ceived under this section to develop an 
early-warning veteran student retention 
program carried out by the Veteran Stu-
dent Center. 
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‘‘(vi) The institution or consortium 
commits to providing mental health coun-
seling to its veteran students and their 
spouses. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An institution or consor-
tium that is awarded a grant under subsection (a) 
shall use such grant to establish, maintain, improve, 
or operate a Veteran Student Center. 
‘‘(2) OTHER ALLOWABLE USES.—An institution 
or consortium receiving a grant under subsection (a) 
may use a portion of such funds to carry out sup-
portive instruction services for student veterans, in-
cluding— 
‘‘(A) assistance with special admissions 
and transfer of credit from previous postsec-
ondary education or experience; and 
‘‘(B) any other support services the insti-
tution or consortium determines to be necessary 
to ensure the success of veterans on campus in 
achieving education and career goals. 
‘‘(d) AMOUNTS AWARDED.— 
‘‘(1) DURATION.—Each grant awarded under 
subsection (a) shall be for a 4-year period. 
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‘‘(2) TOTAL AMOUNT OF GRANT AND SCHED-
ULE.—Each grant awarded under subsection (a) 
may not exceed a total of $500,000. The Secretary 
shall disburse to an institution or consortium the 
amounts awarded under the grant in such amounts 
and at such times during the grant period as the 
Secretary determines appropriate. 
‘‘(e) REPORT.—From the amounts appropriated to 
carry out this section, and not later than 3 years after 
the date on which the first grant is awarded under sub-
section (a), the Secretary shall submit to Congress a re-
port on the grant program established under subsection 
(a), including— 
‘‘(1) the number of grants awarded; 
‘‘(2) the institutions of higher education and 
consortia that have received grants; 
‘‘(3) with respect to each such institution of 
higher education and consortium— 
‘‘(A) the amounts awarded; 
‘‘(B) how such institution or consortium 
used such amounts; 
‘‘(C) a description of the students to whom 
services were offered as a result of the award; 
and 
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‘‘(D) data enumerating whether the use of 
the amounts awarded helped veteran students 
at the institution or consortium toward comple-
tion of a degree, certificate, or credential; 
‘‘(4) best practices for veteran student success, 
identified by reviewing data provided by institutions 
and consortia that received a grant under this sec-
tion; and 
‘‘(5) a determination by the Secretary with re-
spect to whether the grant program under this sec-
tion should be extended or expanded. 
‘‘(f) TERMINATION.—The authority of the Secretary 
to carry out the grant program established under sub-
section (a) shall terminate on the date that is 4 years after 
the date on which the first grant is awarded under sub-
section (a). 
‘‘(g) DEPARTMENT OF EDUCATION BEST PRACTICES 
WEBSITE.—Subject to the availability of appropriations 
under subsection (i) and not later than 3 years after the 
date on which the first grant is awarded under subsection 
(a), the Secretary shall develop and implement a website 
for veteran student services at institutions of higher edu-
cation, which details best practices for serving veteran stu-
dents at institutions of higher education. 
‘‘(h) DEFINITIONS.—In this section: 
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‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101. 
‘‘(2) VETERAN STUDENT CENTER.—The term 
‘Veteran Student Center’ means a dedicated space 
on a campus of an institution of higher education 
that provides students who are veterans or members 
of the Armed Forces with the following: 
‘‘(A) A lounge or meeting space for such 
veteran students, their spouses or partners, and 
veterans in the community. 
‘‘(B) A centralized office for veteran serv-
ices that— 
‘‘(i) is a single point of contact to co-
ordinate comprehensive support services 
for veteran students; 
‘‘(ii) is staffed by trained employees 
and volunteers, which includes veterans 
and at least one full-time employee or vol-
unteer who is trained as a veterans’ bene-
fits counselor; 
‘‘(iii) provides veteran students with 
assistance relating to— 
‘‘(I) transitioning from the mili-
tary to student life; 
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‘‘(II) transitioning from the mili-
tary to the civilian workforce; 
‘‘(III) networking with other vet-
eran students and veterans in the 
community; 
‘‘(IV) understanding and obtain-
ing benefits provided by the institu-
tion of higher education, Federal Gov-
ernment, and State for which such 
students may be eligible; 
‘‘(V) understanding how to suc-
ceed in the institution of higher edu-
cation, including by understanding 
academic policies, the course selection 
process, and institutional policies and 
practices related to the transfer of 
academic credits; and 
‘‘(VI) understanding their dis-
ability-related rights and protections 
under the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.) 
and section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794); and 
‘‘(iv) provides comprehensive academic 
and tutoring services for veteran students, 
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including peer-to-peer tutoring and aca-
demic mentorship. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this part 
such sums as may be necessary for fiscal year 2016 and 
each of the 3 succeeding fiscal years.’’. 
SEC. 315. CONTINUATION OF AWARDS. 
An institution of higher education that received a 
grant under section 873 of the Higher Education Act of 
1965 (20 U.S.C. 1161t) before the date of enactment of 
this Act, as such section 873 (20 U.S.C. 1161t) was in 
effect on the day before the date of enactment of this Act, 
shall continue to receive funds in accordance with the 
terms and conditions of such grant. 
SEC. 316. DEPARTMENT OF VETERANS AFFAIRS GRANTS TO 
EDUCATIONAL INSTITUTIONS FOR PROVI-
SION OF CHILD CARE SERVICES. 
(a) IN GENERAL.—Subchapter II of chapter 36 of 
title 38, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3699. Grants to educational institutions for provi-
sion of child care services 
‘‘(a) IN GENERAL.—The Secretary may make a grant 
to an eligible educational institution for the purpose of 
providing child care services on the campus of the edu-
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cational institution to students enrolled in courses of edu-
cation offered by the educational institution. 
‘‘(b) ELIGIBLE EDUCATIONAL INSTITUTION.—To be 
eligible for a grant under this section, an educational insti-
tution shall— 
‘‘(1) offer a course of education that is ap-
proved as provided in this chapter and chapters 34 
and 35 of this title by the State approving agency 
where the educational institution is located; and 
‘‘(2) submit to the Secretary an application 
containing such information and assurances as the 
Secretary may require. 
‘‘(c) USE OF FUNDS.—(1) An educational institution 
that receives a grant under this section shall use the grant 
to— 
‘‘(A) establish or expand a child care center on 
the campus of the educational institution; or 
‘‘(B) pay the costs of providing child care serv-
ices to students enrolled in courses of education of-
fered by the educational institution at a child care 
center located on the campus of the educational in-
stitution. 
‘‘(2) The Secretary shall require, as a condition of 
a grant under this section, that the educational institution 
that receives the grant provides at least 75 percent of the 
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new child care services funded by the grant to students 
who are veterans. 
‘‘(d) LIMITATION.—The Secretary may not make 
more than 50 grants under this section for fiscal year 
2016. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated such sums as may be nec-
essary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
at the end of the items relating to subchapter II the fol-
lowing new item: 
‘‘3699. Grants to educational institutions for provision of child care services.’’. 
SEC. 317. PILOT PROGRAM TO PROVIDE EDUCATIONAL AS-
SISTANCE TO PHYSICIAN ASSISTANTS TO BE 
EMPLOYED AT THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs shall carry out a pilot program to be known 
as the ‘‘Grow Our Own Directive’’ or ‘‘G.O.O.D.’’ 
pilot program (in this section referred to as the 
‘‘pilot program’’) to provide educational assistance 
to certain former members of the Armed Forces for 
education and training as physician assistants of the 
Department of Veterans Affairs. 
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(2) INFORMATION
ON
PILOT
PROGRAM.—The 
Secretary shall provide information on the pilot pro-
gram to eligible individuals under subsection (b), in-
cluding information on application requirements and 
a list of entities with which the Secretary has 
partnered under subsection (g). 
(b) ELIGIBLE INDIVIDUALS.—An individual is eligi-
ble to participate in the pilot program if the individual— 
(1) has medical or military health experience 
gained while serving as a member of the Armed 
Forces; 
(2) has received a certificate, associate degree, 
baccalaureate degree, master’s degree, or postbacca-
laureate training in a science relating to health care; 
(3) has participated in the delivery of health 
care services or related medical services, including 
participation in military training relating to the 
identification, evaluation, treatment, and prevention 
of diseases and disorders; and 
(4) does not have a degree of doctor of medi-
cine, doctor of osteopathy, or doctor of dentistry. 
(c) DURATION.—The pilot program shall be carried 
out during the five-year period beginning on the date that 
is 180 days after the date of the enactment of this Act. 
(d) SELECTION.— 
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(1) IN GENERAL.—The Secretary shall select 
not less than 250 eligible individuals under sub-
section (b) to participate in the pilot program. 
(2) PRIORITY FOR SELECTION.—In selecting in-
dividuals to participate in the pilot program under 
paragraph (1), the Secretary shall give priority to 
the following individuals: 
(A) Individuals who participated in the In-
termediate Care Technician Pilot Program of 
the Department that was carried out by the 
Secretary between January 2011 and February 
2015. 
(B) Individuals who agree to be employed 
as a physician assistant for the Veterans Health 
Administration at a medical facility of the De-
partment located in a community that— 
(i) is designated as a medically under-
served 
population 
under 
section 
330(b)(3)(A) of the Public Health Service 
Act (42 U.S.C. 254b(b)(3)(A)); and 
(ii) is in a State with a per capita 
population of veterans of more than 9 per-
cent according to the National Center for 
Veterans Analysis and Statistics and the 
United States Census Bureau. 
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(e) EDUCATIONAL ASSISTANCE.— 
(1) IN
GENERAL.—In carrying out the pilot 
program, the Secretary shall provide educational as-
sistance to individuals participating in the pilot pro-
gram, including through the use of scholarships, to 
cover the costs to such individuals of obtaining a 
master’s degree in physician assistant studies or a 
similar master’s degree. 
(2) USE
OF
EXISTING
PROGRAMS.—In pro-
viding educational assistance under paragraph (1), 
the Secretary shall use the Department of Veterans 
Affairs Health Professionals Educational Assistance 
Program under chapter 76 of title 38, United States 
Code, and such other educational assistance pro-
grams of the Department as the Secretary considers 
appropriate. 
(3) USE
OF
SCHOLARSHIPS.—The Secretary 
shall provide not less than 35 scholarships under the 
pilot program to individuals participating in the pilot 
program during each year in which the pilot pro-
gram is carried out. 
(f) PERIOD OF OBLIGATED SERVICE.— 
(1) IN
GENERAL.—The Secretary shall enter 
into an agreement with each individual participating 
in the pilot program in which such individual agrees 
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to be employed as a physician assistant for the Vet-
erans Health Administration for a period of obli-
gated service specified in paragraph (2). 
(2) PERIOD SPECIFIED.—With respect to each 
individual participating in the pilot program, the pe-
riod of obligated service specified in this paragraph 
for the individual is— 
(A) if the individual is participating in the 
pilot program through a program described in 
subsection (e)(2) that specifies a period of obli-
gated service, the period specified with respect 
to such program; or 
(B) if the individual is participating in the 
pilot program other than through a program 
described in such subsection, or if such program 
does not specify a period of obligated service, a 
period of three years or such other period as 
the Secretary considers appropriate for pur-
poses of the pilot program. 
(g) BREACH.— 
(1) LIABILITY.—Except as provided in para-
graph (2), an individual who participates in the pilot 
program and fails to satisfy the period of obligated 
service under subsection (f) shall be liable to the 
United States, in lieu of such obligated service, for 
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the amount that has been paid or is payable to or 
on behalf of the individual under the pilot program, 
reduced by the proportion that the number of days 
served for completion of the period of obligated serv-
ice bears to the total number of days in the period 
of obligated service of such individual. 
(2) EXCEPTION.—If an individual is partici-
pating in the pilot program through a program de-
scribed in subsection (e)(2) that specifies a period of 
obligated service, the liability of the individual for 
failing to satisfy the period of obligated service 
under subsection (f) shall be determined as specified 
with respect to such program. 
(h) MENTORS.—The Secretary shall ensure that a 
physician assistant mentor or mentors are available for in-
dividuals participating in the pilot program at each facility 
of the Veterans Health Administration at which a partici-
pant in the pilot program is employed. 
(i) PARTNERSHIPS.—In carrying out the pilot pro-
gram, the Secretary shall seek to partner with the fol-
lowing: 
(1) Not less than 15 institutions of higher edu-
cation that— 
(A) offer a master’s degree program in 
physician assistant studies or a similar area of 
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study that is accredited by the Accreditation 
Review Commission on Education for the Phy-
sician Assistant; and 
(B) agree— 
(i) to guarantee seats in such master’s 
degree program for individuals partici-
pating in the pilot program who meet the 
entrance requirements for such master’s 
degree program; and 
(ii) to provide individuals partici-
pating in the pilot program with informa-
tion on admissions criteria and the admis-
sions process. 
(2) Other institutions of higher education that 
offer programs in physician assistant studies or 
other similar areas of studies that are accredited by 
the Accreditation Review Commission on Education 
for the Physician Assistant. 
(3) The Transition Assistance Program of the 
Department of Defense. 
(4) The Veterans’ Employment and Training 
Service of the Department of Labor. 
(5) Programs carried out under chapter 41 of 
title 38, United States Code, for the purpose of mar-
keting and advertising the pilot program to veterans 
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and members of the Armed Forces who may be in-
terested in the pilot program. 
(j) ADMINISTRATION OF PILOT PROGRAM.—For pur-
poses of carrying out the pilot program, the Secretary 
shall appoint or select within the Office of Physician As-
sistant Services of the Veterans Health Administration the 
following: 
(1) A Deputy Director for Education and Ca-
reer Development of Physician Assistants who— 
(A) is a physician assistant, a veteran, and 
employed by the Department as of the date of 
the enactment of this Act; 
(B) is responsible for— 
(i) overseeing the pilot program; 
(ii) recruiting candidates to partici-
pate in the pilot program; 
(iii) coordinating with individuals par-
ticipating in the pilot program and assist-
ing those individuals in applying and being 
admitted to a master’s degree program 
under the pilot program; and 
(iv) providing information to eligible 
individuals under subsection (b) with re-
spect to the pilot program; and 
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(C) may be employed in the field at a med-
ical center of the Department. 
(2) A Deputy Director of Recruitment and Re-
tention who— 
(A) is a physician assistant, a veteran, and 
employed by the Department as of the date of 
the enactment of this Act; 
(B) is responsible for— 
(i) identifying and coordinating the 
needs of the pilot program and assist the 
Secretary in providing mentors under sub-
section (h) to participants in the pilot pro-
gram; and 
(ii) coordinating the staff of facilities 
of the Veterans Health Administration 
with respect to identifying employment po-
sitions and mentors under subsection (h) 
for participants in the pilot program; and 
(C) may be employed in the field at a med-
ical center of the Department. 
(3) A recruiter who— 
(A) reports directly to the Deputy Director 
of Recruitment and Retention; and 
(B) works with the Workforce Manage-
ment and Consulting Office and the Healthcare 
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Talent Management Office of the Veterans 
Health Administration to develop and imple-
ment national recruiting strategic plans for the 
recruitment and retention of physician assist-
ants within the Department. 
(4) An administrative assistant, compensated at 
a rate not less than level GS–6 of the General 
Schedule, or equivalent, who assists with administra-
tive duties relating to the pilot program in the Office 
of Physician Assistant Services and such other du-
ties as determined by the Secretary to ensure that 
the Office runs effectively and efficiently. 
(k) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs, in collaboration with the 
Secretary of Labor, the Secretary of Defense, and 
the Secretary of Health and Human Services, shall 
submit to Congress a report on the pilot program. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) The extent to which the pilot program 
is effective in improving the ability of eligible 
individuals under subsection (b) to become phy-
sician assistants. 
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(B) An examination of whether the pilot 
program is achieving the goals of— 
(i) enabling individuals to build on 
medical skills gained as members of the 
Armed Forces by entering into the physi-
cian assistant workforce of the Depart-
ment; and 
(ii) helping to meet the shortage of 
physician assistants employed by the De-
partment. 
(C) An identification of such modifications 
to the pilot program as the Secretary of Vet-
erans Affairs, the Secretary of Labor, the Sec-
retary of Defense, and the Secretary of Health 
and Human Services consider necessary to meet 
the goals described in subparagraph (B). 
(D) An assessment of whether the pilot 
program could serve as a model for other pro-
grams of the Department to assist individuals 
in obtaining certification and employment in 
other health care fields. 
(l) SOURCE OF AMOUNTS.—Not less than $8,000,000 
of the amount necessary to carry out the pilot program 
shall be derived from amounts appropriated to the Depart-
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181 
ment of Veterans Affairs before the date of the enactment 
of this Act. 
SEC. 318. ESTABLISHMENT OF STANDARDS FOR THE DE-
PARTMENT 
OF 
VETERANS 
AFFAIRS 
FOR 
USING 
EDUCATIONAL 
ASSISTANCE 
PRO-
GRAMS TO EDUCATE AND HIRE PHYSICIAN 
ASSISTANTS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall establish standards described in subsection (b) to im-
prove the use by the Department of Veterans Affairs of 
the Department of Veterans Affairs Health Professionals 
Educational Assistance Program under chapter 76 of title 
38, United States Code, and other educational assistance 
programs of the Department, including the pilot program 
under section 2, to educate and hire physician assistants 
of the Department. 
(b) STANDARDS.—The standards described in this 
subsection are the following: 
(1) Holding directors of medical centers of the 
Department accountable for failure to use the edu-
cational assistance programs described in subsection 
(a) and other incentives— 
(A) to advance employees of the Depart-
ment in their education as physician assistants; 
and 
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(B) to improve recruitment and retention 
of physician assistants. 
(2) Ensuring that the Department of Veterans 
Affairs Education Debt Reduction Program under 
subchapter VII of chapter 76 of such title is avail-
able for participants in the pilot program under sec-
tion 2 to fill vacant physician assistant positions at 
the Department, including by— 
(A) including in all vacancy announce-
ments for physician assistant positions the 
availability of the Education Debt Reduction 
Program; and 
(B) informing applicants to physician as-
sistant positions of their eligibility for the Edu-
cation Debt Reduction Program. 
(3) Monitoring compliance with the application 
process for educational assistance programs de-
scribed in subsection (a) to ensure that such pro-
grams are being fully utilized to carry out this sec-
tion. 
(4) Creating programs, including through the 
use of the Department of Veterans Affairs Employee 
Incentive Scholarship Program under subchapter VI 
of chapter 76 of such title, to encourage employees 
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of the Department to apply to accredited physician 
assistant programs. 
(c) REGULATIONS.—The Secretary shall prescribe 
such regulations as the Secretary considers appropriate to 
carry out this section. 
SEC. 319. ESTABLISHMENT OF PAY GRADES FOR PHYSICIAN 
ASSISTANTS OF THE DEPARTMENT OF VET-
ERANS AFFAIRS AND REQUIREMENT TO PRO-
VIDE COMPETITIVE PAY. 
(a) ESTABLISHMENT
OF
PAY
GRADES.—Section 
7404(b) of title 38, United States Code, is amended by 
adding at the end the following: 
‘‘PHYSICIAN ASSISTANT SCHEDULE 
‘‘Physician Assistant IV. 
‘‘Physician Assistant III. 
‘‘Physician Assistant II. 
‘‘Physician Assistant I.’’. 
(b) COMPETITIVE PAY.—Section 7451(a)(2) of such 
title is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B): 
‘‘(B) Physician assistant.’’; and 
(3) in subparagraph (C), as redesignated by 
paragraph (1), by striking ‘‘and registered nurse’’ 
and inserting ‘‘registered nurse, and physician as-
sistant’’. 
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(c) NATIONAL STRATEGIC PLAN.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs shall implement a national strategic plan for 
the retention and recruitment of physician assistants 
of the Department of Veterans Affairs that includes 
the establishment and adoption of standards for the 
provision of competitive pay to physician assistants 
of the Department in comparison to the pay of phy-
sician assistants in the private sector. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary 
shall submit to the Committee on Veterans’ Affairs 
of the Senate and the Committee on Veterans’ Af-
fairs of the House of Representatives a report on the 
implementation of the national strategic plan under 
paragraph (1). 
Subtitle C—Eligibility 
SEC. 321. CONSIDERATION OF ELIGIBILITY FOR POST-9/11 
EDUCATIONAL ASSISTANCE FOR CERTAIN 
TIME ON ACTIVE DUTY IN RESERVE COMPO-
NENTS OF ARMED FORCES. 
(a) IN GENERAL.—Section 3301(1)(B) of title 38, 
United States Code, is amended by striking ‘‘12302, or 
12304’’ and inserting ‘‘12301(h), 12302, 12304, 12304a, 
or 12304b’’. 
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(b) EFFECTIVE DATE
AND APPLICABILITY.—The 
amendment made by subsection (a) shall— 
(1) take effect on the date that is one year after 
the date of the enactment of this Act; 
(2) apply with respect to assistance provided 
under chapter 33 of such title on and after the date 
that is one year after the date of the enactment of 
this Act; and 
(3) apply with respect to any member of a re-
serve component of the Armed Forces who serves or 
has served on active duty under section 12301(h), 
12304a, or 12304b of title 10, United States Code, 
before, on, or after the date of the enactment of this 
Act. 
SEC. 322. CLARIFICATION OF ELIGIBILITY FOR MARINE 
GUNNERY 
SERGEANT 
JOHN 
DAVID 
FRY 
SCHOLARSHIP. 
(a) IN GENERAL.—Section 701(d) of the Veterans 
Access, Choice, and Accountability Act of 2014 (Public 
Law 113–146; 128 Stat. 1796; 38 U.S.C. 3311 note) is 
amended to read as follows: 
‘‘(d) APPLICABILITY.— 
‘‘(1) IN GENERAL.—The amendments made by 
this section shall apply with respect to a quarter, se-
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mester, or term, as applicable, commencing on or 
after January 1, 2015. 
‘‘(2) DEATHS THAT OCCURRED BETWEEN SEP-
TEMBER
11, 2001, AND
DECEMBER
31, 2005.—For 
purposes of section 3311(f)(2) of title 38, United 
States Code, any member of the Armed Forces who 
died during the period beginning on September 11, 
2001, and ending on December 31, 2005, is deemed 
to have died on January 1, 2006.’’. 
(b) ELECTION
ON RECEIPT
OF CERTAIN BENE-
FITS.—Section 3311(f) of title 38, United States Code, 
is amended— 
(1) in paragraph (3), by striking ‘‘A surviving 
spouse’’ and inserting ‘‘Except as provided in para-
graph (4), a surviving spouse’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) EXCEPTION FOR CERTAIN ELECTIONS.— 
‘‘(A) IN
GENERAL.—An election made 
under paragraph (3) by a spouse described in 
subparagraph (B) may not be treated as irrev-
ocable if such election occurred before the date 
of the enactment of this paragraph. 
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‘‘(B) ELIGIBLE
SURVIVING
SPOUSE.—A 
spouse described in this subparagraph is an in-
dividual— 
‘‘(i) who is entitled to assistance 
under subsection (a) pursuant to para-
graph (9) of subsection (b); and 
‘‘(ii) who was the spouse of a member 
of the Armed Forces who died during the 
period beginning on September 11, 2001, 
and ending on December 31, 2005.’’. 
(c) TECHNICAL AMENDMENT.—Paragraph (5) of 
subsection (f) of section 3311 of title 38, United States 
Code, as redesignated by subsection (b)(2), is amended by 
striking ‘‘that paragraph’’ and inserting ‘‘paragraph (9) 
of subsection (b)’’. 
(d) YELLOW RIBBON G.I. EDUCATION ENHANCE-
MENT PROGRAM.—Section 3317(a) of such title is amend-
ed by striking ‘‘paragraphs (1) and (2) of section 
3311(b)’’ and inserting ‘‘paragraphs (1), (2), and (9) of 
section 3311(b) of this title’’. 
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SEC. 323. CONSIDERATION OF ELIGIBILITY FOR POST-9/11 
EDUCATIONAL ASSISTANCE FOR CERTAIN 
TIME ON ACTIVE DUTY IN RESERVE COMPO-
NENTS OF ARMED FORCES. 
(a) IN GENERAL.—Section 3301(1)(B) of title 38, 
United States Code, is amended by striking ‘‘12302, or 
12304’’ and inserting ‘‘12301(h), 12302, 12304, 12304a, 
or 12304b’’. 
(b) EFFECTIVE DATE
AND APPLICABILITY.—The 
amendment made by subsection (a) shall— 
(1) take effect on the date that is one year after 
the date of the enactment of this Act; 
(2) apply with respect to assistance provided 
under chapter 33 of such title on and after the date 
that is one year after the date of the enactment of 
this Act; and 
(3) apply with respect to any member of a re-
serve component of the Armed Forces who serves or 
has served on active duty under section 12301(h), 
12304a, or 12304b of title 10, United States Code, 
before, on, or after the date of the enactment of this 
Act. 
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SEC. 324. ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS-
SISTANCE FOR CERTAIN MEMBERS OF RE-
SERVE COMPONENTS OF ARMED FORCES 
WHO LOST ENTITLEMENT TO EDUCATIONAL 
ASSISTANCE UNDER RESERVE EDUCATIONAL 
ASSISTANCE PROGRAM. 
(a) ELECTION.—Section 16167 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(c) ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS-
SISTANCE.—A member who loses eligibility for benefits 
under this chapter pursuant to subsection (b) shall be al-
lowed to elect (in such form and manner as the Secretary 
of Veterans Affairs may prescribe) to have such service 
previously credited toward this chapter credited towards 
establishing eligibility for educational assistance under 
chapter 33 of title 38, United States Code, notwith-
standing the provisions of section 16163(e) of this title 
or section 3322(h)(1) of title 38.’’. 
(b) QUALIFICATION OF SERVICE.—Section 3301(1) 
of title 38, United States Code, shall be construed to in-
clude, in the case of a member of a reserve component 
of the Armed Forces who, before November 25, 2015, es-
tablished eligibility for educational assistance under chap-
ter 1607 of title 10, United States Code, pursuant to sec-
tion 16163(a)(1) of such title, but lost eligibility for such 
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educational assistance pursuant to section 16167(b) of 
such title, service on active duty (as defined in section 101 
of such title) that satisfies the requirements of section 
16163(a)(1) of such title. 
(c) ENTITLEMENT.—Section 3311(b)(8) of title 38, 
United States Code, shall be construed to include an indi-
vidual who, before November 25, 2015, established eligi-
bility for educational assistance under chapter 1607 of 
title 10, United States Code, pursuant to section 16163(b) 
of such title, but lost such eligibility pursuant to section 
16167(b) of such title. 
(d) DURATION.—Notwithstanding section 3312 of 
title 38, United States Code, an individual who establishes 
eligibility for educational assistance under chapter 33 of 
such title by crediting towards such chapter service pre-
viously credited towards chapter 1607 of title 10, United 
States Code, is only entitled to a number of months of 
educational assistance under section 3313 of title 38, 
United States Code, equal to the number of months of 
entitlement remaining under chapter 1607 of title 10, 
United States Code, at the time of conversion to chapter 
33 of title 38, United States Code. 
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TITLE IV—DISABILITY 
COMPENSATION AND PENSION 
SEC. 401. APPEALS REFORM. 
(a) DEFINITIONS.—Section 101 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new paragraphs: 
‘‘(34) The term ‘Agency of Original Jurisdic-
tion’ means the activity which entered the original 
determination with regard to a claim for benefits 
under this title. 
‘‘(35) The term ‘relevant evidence’ means evi-
dence that tends to prove or disprove a matter in 
issue.’’. 
(b) NOTICE OF SUPPLEMENTAL CLAIMS.—Section 
5103 of title 38, United States Code, is amended— 
(1) in subsection (a)(2)(B)(i) by striking ‘‘, a 
claim for reopening a prior decision on a claim, or 
a claim for an increase in benefits;’’ and inserting 
‘‘or a supplemental claim;’’; and 
(2) in subsection (b) by adding at the end the 
following new paragraph: 
‘‘(6) Nothing in this section shall require notice 
to be sent for a supplemental claim that is filed 
within the timeframe set forth in subsections 
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(a)(2)(B) and (a)(2)(D) of section 5110 of this 
title.’’. 
(c) DISALLOWED CLAIMS.—Subsection (f) of section 
5103A of title 38, United States Code, is amended to read 
as follows: 
‘‘(f) RULE
WITH
RESPECT
TO
DISALLOWED 
CLAIMS.—Nothing in this section shall be construed to re-
quire the Secretary to readjudicate a claim that has been 
disallowed except when new and relevant evidence is pre-
sented or secured, as described in section 5108 of this 
title.’’. 
(d) DUTY TO ASSIST.—Chapter 51 of title 38, 
United States Code, is amended by adding the following 
new sections: 
‘‘§ 5103B. Applicability of duty to assist 
‘‘(a) The Secretary’s duty to assist under section 
5103A of this title shall apply only to a claim, or supple-
mental claim, for a benefit under a law administered by 
the Secretary until the time that a claimant is provided 
notice of the Agency of Original Jurisdiction’s decision 
with respect to such claim, or supplemental claim, under 
section 5104 of this title. 
‘‘(b) The Secretary’s duty to assist under section 
5103A of this title shall not apply to higher-level review 
by the Agency of Original Jurisdiction, pursuant to section 
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5104B of this title, or to review on appeal by the Board 
of Veterans’ Appeals. 
‘‘(c) CORRECTION OF DUTY TO ASSIST ERRORS.— 
‘‘(1) HIGHER-LEVEL
REVIEW.—If, during re-
view of the Agency of Original Jurisdiction’s deci-
sion under section 5104B of this title, the higher- 
level reviewer identifies an error on the part of the 
Agency of Original Jurisdiction to satisfy its duties 
under section 5103A of this title, and that error oc-
curred prior to the Agency of Original Jurisdiction’s 
decision being reviewed, unless the claim can be 
granted in full, the higher-level reviewer shall return 
the claim for correction of such error and readjudi-
cation. 
‘‘(2) BOARD OF VETERANS’ APPEALS.—If the 
Board, during review on appeal of an Agency of 
Original Jurisdiction decision, identifies an error on 
the part of the Agency of Original Jurisdiction to 
satisfy its duties under section 5103A of this title, 
and that error occurred prior to the Agency of Origi-
nal Jurisdiction decision on appeal, unless the claim 
can be granted in full, the Board shall remand the 
claim to the Agency of Original Jurisdiction for cor-
rection of such error and readjudication. Remand for 
correction of such error may include directing the 
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Agency of Original Jurisdiction to obtain an advi-
sory medical opinion under section 5109 of this title. 
‘‘§ 5104A. Binding nature of favorable findings 
‘‘Any finding favorable to the claimant as described 
in section 5104(b)(4) of this title shall be binding on all 
subsequent adjudicators within the department, unless 
clear and convincing evidence is shown to the contrary to 
rebut such favorable finding. 
‘‘§ 5104B. Higher-level review by the Agency of Origi-
nal Jurisdiction 
‘‘(a) IN GENERAL.—The claimant may request a re-
view of the decision of the Agency of Original Jurisdiction 
by a higher-level adjudicator within the Agency of Original 
Jurisdiction. 
‘‘(b) TIME AND MANNER OF REQUEST.—A request 
for higher-level review by the Agency of Original Jurisdic-
tion must be in writing in the form prescribed by the Sec-
retary and made within one year of the notice of the Agen-
cy of Original Jurisdiction’s decision. Such request may 
specifically indicate whether such review is requested by 
a higher-level adjudicator at the same office within the 
Agency of Original Jurisdiction or by an adjudicator at 
a different office of the Agency of Original Jurisdiction. 
‘‘(c) DECISION.—Notice of a higher-level review deci-
sion under this section shall be provided in writing. 
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‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evi-
dentiary record before the higher-level reviewer shall be 
limited to the evidence of record in the Agency of Original 
Jurisdiction’s decision being reviewed. 
‘‘(e) DE NOVO REVIEW.—Higher-level review under 
this section shall be de novo.’’. 
(e) 
DENIAL
OF
BENEFITS
SOUGHT.—Section 
5104(b) of title 38, United States Code, is amended to 
read as follows: 
‘‘(b) In any case where the Secretary denies a benefit 
sought, the notice required by subsection (a) shall also in-
clude— 
‘‘(1) identification of the issues adjudicated; 
‘‘(2) a summary of the evidence considered by 
the Secretary; 
‘‘(3) a summary of the applicable laws and reg-
ulations; 
‘‘(4) identification of findings favorable to the 
claimant; 
‘‘(5) identification of elements not satisfied 
leading to the denial; 
‘‘(6) an explanation of how to obtain or access 
evidence used in making the decision; and 
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‘‘(7) if applicable, identification of the criteria 
that must be satisfied to grant service connection or 
the next higher level of compensation.’’. 
(f) SUPPLEMENTAL CLAIMS.—Section 5108 of title 
38, United States Code, is amended to read as follows: 
‘‘§ 5108. Supplemental claims 
‘‘If new and relevant evidence is presented or secured 
with respect to a supplemental claim, the Secretary shall 
readjudicate the claim taking into consideration any evi-
dence added to the record prior to the former disposition 
of the claim.’’. 
(g) Section 5109 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) The Board of Veterans’ Appeals may remand 
a claim to direct the Agency of Original Jurisdiction to 
obtain an advisory medical opinion under this section to 
correct an error on the part of the Agency of Original Ju-
risdiction to satisfy its duties under section 5103A of this 
title when such error occurred prior to the Agency of 
Original Jurisdiction’s decision on appeal. The Board’s re-
mand instructions shall include the questions to be posed 
to the independent medical expert providing the advisory 
medical opinion.’’. 
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(h) EFFECTIVE DATES OF AWARDS.—Section 5110 
of title 38, United States Code, is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a)(1) IN GENERAL.—Unless specifically provided 
otherwise in this chapter, the effective date of an award 
based on an initial claim, or a supplemental claim, of com-
pensation, dependency and indemnity compensation, or 
pension, shall be fixed in accordance with the facts found, 
but shall not be earlier than the date of receipt of applica-
tion therefor. 
‘‘(2) EFFECT OF CONTINUOUS PURSUIT OF A CLAIM 
ON EFFECTIVE DATE OF AWARD.—For purposes of ap-
plying the effective date rules in this section, the date of 
application shall be considered the date of the filing of 
the initial application for a benefit provided that the claim 
is continuously pursued by filing any of the following ei-
ther alone or in succession— 
‘‘(A) a request for higher-level review under sec-
tion 5104B of this title within one year of an Agen-
cy of Original Jurisdiction decision; 
‘‘(B) a supplemental claim under section 5108 
of this title within one year of an Agency of Original 
Jurisdiction decision; 
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‘‘(C) a notice of disagreement within one year 
of an Agency of Original Jurisdiction decision; or 
‘‘(D) a supplemental claim under section 5108 
of this title within one year of a decision of the 
Board of Veterans’ Appeals. 
‘‘(3) SUPPLEMENTAL
CLAIMS
RECEIVED
MORE 
THAN ONE YEAR AFTER AN AGENCY OF ORIGINAL JU-
RISDICTION DECISION OR DECISION BY THE BOARD OF 
VETERANS’ APPEALS.—Except as otherwise provided in 
this section, for supplemental claims received more than 
one year after an Agency of Original Jurisdiction decision 
or a decision by the Board of Veterans’ Appeals, the effec-
tive date shall be fixed in accordance with the facts found, 
but shall not be earlier than the date of receipt of the 
supplemental claim.’’; and 
(2) in subsection (i) by— 
(A) striking ‘‘reopened’’ and replacing it 
with ‘‘readjudicated’’; 
(B) striking ‘‘material’’ and replacing it 
with ‘‘relevant’’; and 
(C) striking ‘‘reopening’’ and replacing it 
with ‘‘readjudication’’. 
(i) COMMENCEMENT OF PERIOD OF PAYMENT.—Sec-
tion 5111(d)(1) of title 38, United States Code, is amend-
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ed by striking ‘‘or reopened award;’’ and replacing it with 
‘‘award or award based on a supplemental claim;’’. 
(j) RECOGNITION OF AGENTS AND ATTORNEYS.— 
Section 5904 of title 38, United States Code, is amend-
ed— 
(1) in subsection (c)(1) by striking ‘‘notice of 
disagreement is filed’’ and replacing it with ‘‘claim-
ant is provided notice of the Agency of Original Ju-
risdiction’s initial decision under section 5104 of this 
title’’; and 
(2) in subsection (c)(2) by striking ‘‘notice of 
disagreement is filed’’ and replacing it with ‘‘claim-
ant is provided notice of the Agency of Original Ju-
risdiction’s initial decision under section 5104 of this 
title’’. 
(k) RECONSIDERATION; CORRECTION OF OBVIOUS 
ERRORS.—Section 7103(b)(1) of title 38, United States 
Code, is amended— 
(1) in subparagraph (A) by striking ‘‘heard’’ 
and replacing it with ‘‘decided’’; and 
(2) in subparagraph (B) by striking ‘‘heard’’ 
and replacing it with ‘‘decided’’. 
(l) PROHIBITION
ON
READJUDICATION
OF
DIS-
ALLOWED CLAIMS BY BOARD.—Section 7104(b) of title 
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38, United States Code, is amended by striking ‘‘re-
opened’’ and replacing it with ‘‘readjudicated’’. 
(m) APPELLATE REVIEW FORMS.—Section 7105 of 
title 38, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking the first sentence and re-
placing it with ‘‘Appellate review will be initi-
ated by the filing of a notice of disagreement in 
the form prescribed by the Secretary.’’; and 
(B) by striking ‘‘hearing and’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b)(1) Except in the case of simultaneously con-
tested claims, notice of disagreement shall be filed within 
one year from the date of the mailing of notice of the 
Agency of Original Jurisdiction’s decision under section 
5104, 5104B, or 5108. A notice of disagreement post-
marked before the expiration of the one-year period will 
be accepted as timely filed. A question as to timeliness 
or adequacy of the notice of disagreement shall be decided 
by the Board. 
‘‘(2) Notices of disagreement must be in writing, 
must set out specific allegations of error of fact or law, 
and may be filed by the claimant, the claimant’s legal 
guardian, or such accredited representative, attorney, or 
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authorized agent as may be selected by the claimant or 
legal guardian. Not more than one recognized organiza-
tion, attorney, or agent will be recognized at any one time 
in the prosecution of a claim. Notices of disagreement 
must be filed with the Board. 
‘‘(3) The notice of disagreement shall indicate wheth-
er the claimant requests a hearing before the Board, re-
quests an opportunity to submit additional evidence with-
out a Board hearing, or requests review by the Board 
without a hearing or submission of additional evidence. If 
the claimant does not expressly request a Board hearing 
in the notice of disagreement, no Board hearing will be 
held.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) If no notice of disagreement is filed in accord-
ance with this chapter within the prescribed period, the 
Agency of Original Jurisdiction’s action or decision shall 
become final and the claim will not thereafter be readjudi-
cated or allowed, except as may otherwise be provided by 
section 5104B or 5108 of this title or regulations not in-
consistent with this title.’’; 
(4) by striking subsections (d)(1) through 
(d)(5); 
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(5) by adding a new subsection (d) to read as 
follows: 
‘‘(d) The Board of Veterans’ Appeals may dismiss 
any appeal which fails to allege specific error of fact or 
law in the decision being appealed.’’; and 
(6) by striking subsection (e). 
(n) NOTICE OF DISAGREEMENT IN SIMULTANEOUSLY 
CONTESTED CLAIMS.—Section 7105A(b) of title 38, 
United States Code, is amended to read as follows: 
‘‘(b) The substance of the notice of disagreement will 
be communicated to the other party or parties in interest 
and a period of thirty days will be allowed for filing a brief 
or argument in response thereto. Such notice shall be for-
warded to the last known address of record of the parties 
concerned, and such action shall constitute sufficient evi-
dence of notice.’’. 
(o) ADMINISTRATIVE APPEALS.—Strike section 7106 
of title 38, United States Code. 
(p) APPEALS, DOCKETS; HEARINGS.—Section 7107 
of title 38, United States Code, is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) The Board shall maintain two separate dockets. 
A non-hearing option docket shall be maintained for cases 
in which no Board hearing is requested and no additional 
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evidence will be submitted. A separate and distinct hearing 
option docket shall be maintained for cases in which a 
Board hearing is requested in the notice of disagreement 
or in which no Board hearing is requested, but the appel-
lant requests, in the notice of disagreement, an oppor-
tunity to submit additional evidence. Except as provided 
in subsection (b), each case before the Board will be de-
cided in regular order according to its respective place on 
the Board’s non-hearing option docket or the hearing op-
tion docket.’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ADVANCEMENT ON THE DOCKET.—A case on ei-
ther the Board’s non-hearing option docket or hearing op-
tion docket, may, for cause shown, be advanced on motion 
for earlier consideration and determination. Any such mo-
tion shall set forth succinctly the grounds upon which the 
motion is based. Such a motion may be granted only— 
‘‘(1) if the case involves interpretation of law of 
general application affecting other claims; 
‘‘(2) if the appellant is seriously ill or is under 
severe financial hardship; or 
‘‘(3) for other sufficient cause shown.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
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‘‘(c) MANNER AND SCHEDULING OF HEARINGS FOR 
CASES ON BOARD HEARING OPTION DOCKET.—(1) For 
cases on the Board hearing option docket in which a hear-
ing is requested in the notice of disagreement, the Board 
shall notify the appellant whether a Board hearing will 
be held— 
‘‘(A) at its principal location, or 
‘‘(B) by picture and voice transmission at a fa-
cility of the Department where the Secretary has 
provided suitable facilities and equipment to conduct 
such hearings. 
‘‘(2)(A) Upon notification of a Board hearing at the 
Board’s principal location as described in subsection 
(c)(1)(A) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(B) of 
this section. If so requested, the Board shall grant such 
request. 
‘‘(B) Upon notification of a Board hearing by picture 
and voice transmission as described in subsection 
(c)(1)(B) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(A) of 
this section. If so requested, the Board shall grant such 
request.’’; and 
(4) by striking subsections (d) and (e) and re-
designating subsection (f) as subsection (d). 
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205 
(q) INDEPENDENT MEDICAL OPINIONS.—Strike sec-
tion 7109 of title 38, United States Code. 
(r) 
SUBMITTAL
OF
CERTAIN
REQUESTS
TO 
BOARD.—Section 7111(e) of title 38, United States Code, 
is amended by striking ‘‘merits, without referral to any 
adjudicative or hearing official acting on behalf of the Sec-
retary.’’ and replacing it with ‘‘merits.’’. 
(s) EVIDENTIARY RECORD BEFORE BOARD.—Chap-
ter 71 of title 38, United States Code, is amended by add-
ing the following new section: 
‘‘§ 7113. Evidentiary record before the Board 
‘‘(a) NON-HEARING OPTION DOCKET.—For cases in 
which a Board hearing is not requested in the notice of 
disagreement, the evidentiary record before the Board 
shall be limited to the evidence of record at the time of 
the Agency of Original Jurisdiction decision on appeal. 
‘‘(b) HEARING OPTION DOCKET.— 
‘‘(1) HEARING
REQUESTED.—Except as pro-
vided in paragraph (2) of this subsection, for cases 
on the hearing option docket in which a hearing is 
requested in the notice of disagreement, the evi-
dentiary record before the Board shall be limited to 
the evidence of record at the time of the Agency of 
Original Jurisdiction decision on appeal. 
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‘‘(2) EXCEPTIONS.—The evidentiary record be-
fore the Board for cases on the hearing option dock-
et in which a hearing is requested, shall include each 
of the following, which the Board shall consider in 
the first instance— 
‘‘(A) evidence submitted by the appellant 
and his or her representative, if any, at the 
Board hearing; and 
‘‘(B) evidence submitted by the appellant 
and his or her representative, if any, within 90 
days following the Board hearing. 
‘‘(3) HEARING NOT REQUESTED.—(A) Except 
as provided in subparagraph (B) of this paragraph, 
for cases on the hearing option docket in which a 
hearing is not requested in the notice of disagree-
ment, the evidentiary record before the Board shall 
be limited to the evidence considered by the Agency 
of Original Jurisdiction in the decision on appeal. 
‘‘(B) The evidentiary record before the Board 
for cases on the hearing option docket in which a 
hearing is not requested, shall include each of the 
following, which the Board shall consider in the first 
instance— 
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‘‘(i) evidence submitted by the appellant 
and his or her representative, if any, with the 
notice of disagreement; and 
‘‘(ii) evidence submitted by the appellant 
and his or her representative, if any, within 90 
days following receipt of the notice of disagree-
ment.’’. 
(t) CONFORMING AMENDMENT.—The heading of sec-
tion 7105 is amended by striking ‘‘notice of disagreement 
and’’. 
(u) CLERICAL AMENDMENTS.— 
(1) CHAPTER 51.—The table of sections at the 
beginning of chapter 51 of title 38, United States 
Code, is amended— 
(A) by inserting after the item relating to 
section 5103A the following new item: 
‘‘5103B. Applicability of duty to assist.’’; 
(B) by inserting after the item relating to 
section 5104 the following new items: 
‘‘5104A. Binding nature of favorable findings. 
‘‘5104B. Higher-level review by the Agency of Original Jurisdiction.’’; 
and 
(C) in the item relating to section 5108, by 
striking ‘‘Reopening disallowed claims.’’ and in-
serting ‘‘Supplemental claims.’’. 
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(2) CHAPTER 71.—The table of sections at the 
beginning of chapter 71 of title 38, United States 
Code, is amended— 
(A) by striking the item relating to section 
7106; 
(B) by striking the item relating to section 
7109; 
(C) by adding at the end the following new 
item: 
‘‘7113. The evidentiary record before the Board.’’; 
and 
(D) in the item relating to section 7105, 
by striking ‘‘notice of disagreement and’’. 
SEC. 402. TREATMENT OF MEDICAL EVIDENCE PROVIDED 
BY NON-DEPARTMENT OF VETERANS AF-
FAIRS MEDICAL PROFESSIONALS IN SUP-
PORT OF CLAIMS FOR DISABILITY COM-
PENSATION. 
(a) ACCEPTANCE OF REPORTS OF PRIVATE PHYSI-
CIAN EXAMINATIONS.—Section 5125 of such title is 
amended— 
(1) by striking ‘‘For purposes’’ and inserting 
‘‘(a) IN GENERAL.—’’; 
(2) by striking ‘‘may’’ and inserting ‘‘shall’’; 
and 
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(3) by adding at the end the following new sub-
section: 
‘‘(b) SUFFICIENTLY COMPLETE DEFINED.—For pur-
poses of a report described in subsection (a), the term ‘suf-
ficiently complete’ means competent, credible, probative, 
and containing such information as may be required to 
make a decision on the claim for which the report is pro-
vided.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to medical evidence 
submitted after the date that is 90 days after the date 
of the enactment of this Act. 
SEC. 403. REPORT ON PROGRESS OF ACCEPTABLE CLIN-
ICAL EVIDENCE INITIATIVE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the Committee on Veterans’ Affairs of the Senate 
and the Committee on Veterans’ Affairs of the House of 
Representatives a report on the progress of the Acceptable 
Clinical Evidence initiative of the Department of Veterans 
Affairs in reducing the necessity for in-person disability 
examinations and other efforts to comply with the provi-
sions of section 5125 of title 38, United States Code, as 
amended by section 2. 
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(b) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include the following: 
(1) The number of claims eligible for the Ac-
ceptable Clinical Evidence initiative during the pe-
riod beginning on the date of the commencement of 
the initiative and ending on the date of the sub-
mittal of the report, disaggregated by fiscal year. 
(2) The total number of claims eligible for the 
Acceptable Clinical Evidence initiative that required 
a medical examiner of the Department to supple-
ment the evidence with information obtained during 
a telephone interview with a claimant. 
(3) Information on any other initiatives or ef-
forts of the Department to further encourage the 
use of private medical evidence and reliance upon re-
ports of a medical examination administered by a 
private physician if the report is sufficiently com-
plete to be adequate for the purposes of adjudicating 
a claim. 
(4) The anticipated impact on the timeline and 
accuracy of a decision on a claim for benefits under 
chapter 11 or 15 of title 38, United States Code, if 
the Secretary were prohibited from requesting a 
medical examination in the case of a claim in sup-
port of which a claimant submits medical evidence 
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211 
and a medical opinion provided by a private physi-
cian that is competent, credible, probative, and oth-
erwise adequate for the purpose of making a deci-
sion on that claim. 
(5) Recommendations on how the Department 
can measure, track, and prevent the ordering of un-
necessary medical examinations when the provision 
by a claimant of a medical examination administered 
by a private physician in support of a claim for ben-
efits under chapter 11 or 15 of title 38, United 
States Code, is adequate for the purpose of making 
a decision on that claim. 
SEC. 404. ANNUAL REPORT. 
Not later than March 1 of each year, the Secretary 
of Veterans Affairs shall submit to Congress a report that 
includes, for the calendar year preceding the year in which 
the report is submitted, the following for each regional of-
fice of the Department of Veterans Affairs: 
(1) The number of times a veteran who sub-
mitted private medical evidence in support of a claim 
for compensation or pension under the laws adminis-
tered by the Secretary was scheduled for an exam-
ination performed by Department personnel because 
the private medical evidence submitted was deter-
mined to be unacceptable. 
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(2) The most common reasons why private 
medical evidence submitted in support of claims for 
benefits under the laws administered by the Sec-
retary was determined to be unacceptable. 
(3) The types of disabilities for which claims for 
benefits under the laws administered by the Sec-
retary were most commonly denied when private 
medical evidence was submitted. 
SEC. 405. BOARD OF VETERANS’ APPEALS VIDEO HEAR-
INGS. 
Section 7107 of title 38, United States Code, is 
amended— 
(1) in subsection (d), by amending paragraph 
(1) to read as follows: 
‘‘(1)(A) 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 Depart-
ment. The Board shall also determine whether to provide 
a hearing through the use of the facilities and equipment 
described in subsection (e)(1) or by the appellant person-
ally appearing before a Board member or panel. 
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‘‘(B) The Board shall notify the appellant of the de-
terminations of the location and type of hearing made 
under subparagraph (A). Upon notification, the appellant 
may request a different location or type of hearing as de-
scribed in such subparagraph. If so requested, the Board 
shall grant such request and ensure that the hearing is 
scheduled at the earliest possible date without any undue 
delay or other prejudice 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. 406. EXPEDITED PAYMENT OF SURVIVOR’S BENEFITS. 
(a) IN GENERAL.—Section 5101(a)(1) of title 38, 
United States Code, is amended— 
(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 
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(1) The State shall repay to the Secretary, on 
such date as shall be determined by the Secretary, 
any amount received under the pilot program that is 
not used for the purposes described in subsection 
(c). 
(2) The State shall submit to the Secretary, at 
such times and containing such information as the 
Secretary shall require, reports on the use of grant 
funds. 
(e) EMPLOYER REQUIREMENTS.—In order to receive 
a grant made by a State under the pilot program, a manu-
facturing employer shall— 
(1) submit to the administrator of the State 
Manufacturing Employment Program an application 
that includes— 
(A) the rate of pay for each eligible vet-
eran proposed to be trained using grant funds; 
(B) the average rate of pay for an indi-
vidual employed by the manufacturing employer 
in a similar position who is not an eligible vet-
eran; and 
(C) such other information and assurances 
as the administrator may require; and 
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(1) IN
GENERAL.—After a request has been 
made under subsection (c), the appropriate dis-
charge board shall review all relevant laws, records 
of oral testimony previously taken, service records, 
or any other relevant information regarding the dis-
charge characterization of the covered member. 
(2) ADDITIONAL
MATERIALS.—If additional 
materials are necessary for the review, the appro-
priate discharge board— 
(A) may request additional information 
from the covered member or their representa-
tive, in writing, and specifically detailing what 
is being requested; and 
(B) shall be responsible for obtaining a 
copy of the necessary files of the covered mem-
ber from the member, or when applicable, from 
the Department of Defense. 
(e) CHANGE OF CHARACTERIZATION.—The appro-
priate discharge board shall change the discharge charac-
terization of a covered member to honorable if such change 
is determined to be appropriate after a review is conducted 
under subsection (d) pursuant to the criteria under sub-
section (b). A covered member, or the representative of 
the member, may appeal a decision by the appropriate dis-
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