H.R. 3016 — what changed

added “7413. Treatment of podiatrists

added “For purposes of this chapter, the term physician includes a podiatrist.”

added “(D) to a veteran who was awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14.”

added “(D) to a veteran who was awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14.”

added Section 1786 of title 38, United States Code, is amended—

added “(c) Annual report—Not later than October 31, 2016, and each year thereafter through 2020, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the health care services provided under subsection (a) during the fiscal year preceding the date of the report, including the number of newborn children who received such services during such fiscal year.”

added “7330B. Comptroller General audit of VHA budget

added “(a) In general—The Comptroller General of the United States shall periodically conduct an audit of elements of the budget of the Veterans Health Administration, including the budget formulation, execution, allocation, and use of funds.

added “(b) Selection of elements

added “(1) In selecting elements of the budget of the Veterans Health Administration for purposes of an audit under subsection (a), the Comptroller General shall take into consideration—

added “(A) knowledge of the programs of the Veterans Health Administration;

added “(B) current issues;

added “(C) national priorities; and

added “(D) priorities expressed by the appropriate congressional committees.

added “(2) Not later than 30 days before conducting an audit under subsection (a), the Comptroller General shall submit to the appropriate congressional committees notice of the elements selected by the Comptroller General for purposes of the audit.

added “(c) Appropriate congressional committees—In this section, the term “appropriate congressional committees” means—

added “(1) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on the Budget of the Senate; and

added “(2) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives.”

added “80 Veterans Economic Opportunity and Transition Administration

added “8001. Organization of Administration

added “(a) Veterans Economic Opportunity and Transition Administration—There is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration. The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors.

added “(b) Under Secretary for Economic Opportunity and Transition—The Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration.

added “(c) Deputy Under Secretaries—The Veterans Economic Opportunity and Transition Administration shall have two Deputy Under Secretaries as follows:

added “(1) The Deputy Under Secretary for Readjustment, who shall be the principal assistant of the Under Secretary for Veterans Economic Opportunity and Transition with respect to the programs specified in paragraphs (1) through (4) of section 8002 of this title.

added “(2) The Deputy Under Secretary for Employment, Training, and Transition, who shall be the principal assistant of the Under Secretary for Veterans Economic Opportunity and Transition with respect to the programs specified in paragraphs (5) through (9) of section 8002 of this title.

added “8002. Functions of Administration

added “The Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department:

added “(1) Vocational rehabilitation and employment programs.

added “(2) Educational assistance programs.

added “(3) Veterans’ housing loan and related programs.

added “(4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection.

added “(5) Job counseling, training, and placement services for veterans under chapter 41 of this title.

added “(6) Employment and training of veterans under chapter 42 of this title.

added “(7) Administration of employment and employment rights of members of the uniformed services under chapter 43 of this title.

added “(8) Homeless veterans reintegration programs under chapter 20 of this title.

added “(9) The Transition Assistance Program under section 1144 of title 10.

added “(10) Any other program of the Department that the Secretary determines appropriate.”

added “306A. Under Secretary for Veterans Economic Opportunity and Transition

added “(a) Under Secretary—There is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in—

added “(1) information technology; and

added “(2) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope.

added “(b) Responsibilities—The Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration.

added “(c) Vacancies

added “(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.

added “(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:

added “(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration.

added “(B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration.

added “(C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department.

added “(D) The Deputy Secretary of Veterans Affairs.

added “(E) The chairman of the Veterans’ Advisory Committee on Education formed under section 3692 of this title.

added “(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission.

added “(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President and the Committees on Veterans’ Affairs of the Senate and House of Representatives with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.

added “(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

added “(d) Qualifications of recommended individuals—Each individual recommended to the President by the commission for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition shall be an individual who has held a senior level position in the private sector with responsibilities relating to at least one of the following:

added “(1) Education policy.

added “(2) Vocational rehabilitation.

added “(3) Employment.

added “(4) Job placement.

added “(5) Home loan finance.

added “(6) Small business development.”

added “(a) Deputy Under Secretary for Veterans’ Employment, Training, and Transition

added “(1) The Deputy Under Secretary for Employment, Training, and Transition established by subsection (c)(2) of section 8001 of this title shall formulate and implement all departmental policies and procedures to carry out this chapter and the other programs described in such subsection.

added “(2) The employees of the Department administering chapter 43 of this title shall be administratively and functionally responsible to the Deputy Under Secretary for Employment, Training, and Transition.”

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

added “(c) Administration through Deputy Under Secretary for Veterans’ Employment, Training, and Transition”

added “(d) Administration through Deputy Under Secretary for Veterans’ Employment, Training, and Transition”

added Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is amended by adding at the end the following new paragraph:

added “(4) Secretary of Veterans Affairs—The Secretary of Veterans Affairs shall have access to information reported by employers pursuant to subsection (b) of this section.”

added “(d) Applicability

added “(1) In general—The amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2015.

added “(2) Deaths that occurred between September 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.”

added “(4) Exception for certain elections

added “(A) In general—An election made under paragraph (3) by a spouse described in subparagraph (B) may not be treated as irrevocable if such election occurred before the date of the enactment of this paragraph.

added “(B) Eligible surviving spouse—A spouse described in this subparagraph is an individual—

added “(i) who is entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b); and

added “(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.”

added Section 3104 of title 38, United States Code, as amended by section 303, is further amended by adding at the end the following new subsection:

added “(c)

added “(1) The Secretary shall have the authority to administer this chapter by prioritizing the provision of services under this chapter based on need, as determined by the Secretary. In evaluating need for purposes of this subsection, the Secretary shall consider disability ratings, the severity of employment handicaps, qualification for a program of independent living, income, and any other factor the Secretary determines appropriate.

added “(2) Not later than 90 days before making any changes to the prioritization of the provision of services under this chapter as authorized under paragraph (1), the Secretary shall submit to Congress a plan describing such changes.”

added “3326. Election to receive educational assistance

added “(a) Individuals eligible to elect participation in post-9/11 educational assistance—An individual may elect to receive educational assistance under this chapter if such individual—

added “(1) as of August 1, 2009—

added “(A) is entitled to basic educational assistance under chapter 30 of the title and has used, but retains unused, entitlement under that chapter;

added “(B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter;

added “(C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter;

added “(D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter;

added “(E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or

added “(F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and

added “(2) as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter.

added “(b) Cessation of contributions toward GI bill—Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual.

added “(c) Revocation of remaining transferred entitlement

added “(1) Election to revoke—If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized.

added “(2) Availability of revoked entitlement—Any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section.

added “(3) Availability of unrevoked entitlement—Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title.

added “(d) Post-9/11 educational assistance

added “(1) In general—Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable.

added “(2) Limitation on entitlement for certain individuals—In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter 33 shall be the number of months equal to—

added “(A) the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus

added “(B) the number of months, if any, of entitlement revoked by the individual under subsection (c)(1).

added “(e) Continuing entitlement to educational assistance not available under 9/11 assistance program

added “(1) In general—In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter.

added “(2) Charge for use of entitlement—The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of one month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable).

added “(f) Additional post-9/11 assistance for members having made contributions toward GI bill

added “(1) Additional assistance—In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter 33 as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to—

added “(A) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by

added “(B) the fraction—

added “(i) the numerator of which is—

added “(I) the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus

added “(II) the number of months, if any, of entitlement under such chapter 30 revoked by the individual under subsection (c)(1); and

added “(ii) the denominator of which is 36 months.

added “(2) Months of remaining entitlement for certain individuals—In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months.

added “(3) Timing of payment—The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under subsections (b) through (g) of that section (as applicable), before the exhaustion of the individual’s entitlement to educational assistance under this chapter.

added “(g) Continuing entitlement to additional assistance for critical skills or speciality and additional service—An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election.

added “(h) Alternative election by Secretary

added “(1) In general—In the case of an individual who, on or after January 1, 2016, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, or who fails to make an election under this section, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual.

added “(2) Notice—If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual’s receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual’s behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible.

added “(i) Irrevocability of elections—An election under subsection (a) or (c)(1) is irrevocable.”

added “(II) In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for tuition and fees relating to flight training.”

added “(II) A program of education described in this subclause is any of the following:

added “(aa) A program of education pursued at a non-public or foreign institution of higher learning.

added “(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).”

added “(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.”

added Section 3485(a)(4) of title 38, United States Code, is amended by striking “June 30, 2013” each place it appears and inserting “June 30, 2013, or the period beginning on June 30, 2016, and ending on June 30, 2021”.

added Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and publish an action plan for improving the services and assistance provided under chapter 31 of title 38, United States Code. Such plan shall include each of the following:

added “(4) For purposes of this subsection, the term educational institution may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions.”

added “3699. Provision of certain information to educational institutions

added “For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through a secure information technology system accessible by the educational institution and shall be regularly updated to reflect any amounts used by the veteran or other individual.”

added “(a)

added “(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—

added “(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;

added “(B) survey each such educational institution and training establishment not less than once during every two-year period; and

added “(C) assign not fewer than one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.

added “(2) The Secretary, in consultation with the State approving agencies, shall—

added “(A) annually determine the parameters of the surveys required under paragraph (1); and

added “(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.”

added “(c) In this section, the terms educational institution and training establishment have the meaning given such terms in section 3452 of this title.”

added “4115. Longitudinal study of job counseling, training, and placement service for veterans

added “(a) Study required

added “(1) The Secretary shall enter into a contract with a non-government entity to conduct a longitudinal study of a statistically valid sample of each of the groups of individuals described in paragraph (2). The contract shall provide for the study of each such group over a period of at least five years.

added “(2) The groups of individuals described in this paragraph are the following:

added “(A) Veterans who have received intensive services.

added “(B) Veterans who did not receive intensive services but who otherwise received services under this chapter.

added “(C) Veterans who did not seek or receive services under this chapter.

added “(3) The study required by this subsection shall include the collection of the following information for each individual who participates in the study:

added “(A) The average number of months such individual served on active duty.

added “(B) The distribution of disability ratings of such individual.

added “(C) Any unemployment benefits received by such individual.

added “(D) The average number of months such individual was employed during the year covered by the report.

added “(E) The average annual starting and ending salaries of any such individual who was employed during the year covered by the report.

added “(F) The average annual income of such individual.

added “(G) The average total household income of such individual for the year covered by the report.

added “(H) The percentage of such individuals who own their principal residences.

added “(I) The employment status of such individual.

added “(J) In the case of such an individual who received services under this chapter, whether the individual believes that any service provided by a disabled veterans’ outreach specialist or local veterans’ employment representative helped the individual to become employed.

added “(K) In the case of such an individual who believes such a service helped the individual to become employed, whether—

added “(i) the individual retained the position of employment for a period of one year or longer; and

added “(ii) the individual believes such a service helped the individual to secure a higher wage or salary.

added “(L) The conditions under which such individual was discharged or released from the Armed Forces.

added “(M) Whether such individual has used any educational assistance to which the individual is entitled under this title.

added “(N) Whether such individual has participated in a rehabilitation program under chapter 31 of this title.

added “(O) Demographic information about such individual.

added “(P) Such other information as the Secretary determines appropriate.

added “(b) Annual Reports

added “(1) By not later than July 1 of each year covered by the study required under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the outcomes of the study during the preceding year.

added “(2) The Secretary shall include in each annual report submitted under paragraph (1) any information the Secretary determines is necessary to determine the long-term outcomes of the individuals in the groups described in subsection (a)(2).”

added “(l) Limitations on subcontracting

added “(1)

added “(A) The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran that is awarded a contract that is counted for purposes of meeting the goals under subsection (a).

added “(B) For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term similarly situated entity used in such section 46 includes a subcontractor for a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran described in such subparagraph (A).

added “(2) Before awarding a contract that is counted for purposes of meeting the goals under subsection (a), the Secretary shall obtain from an offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall—

added “(A) specify the exact performance requirements applicable under such paragraph; and

added “(B) explicitly acknowledge that the certification is subject to section 1001 of title 18.

added “(3) If the Secretary determines that a small business concern that is awarded a contract that is counted for purposes of meeting the goals under subsection (a) did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to the penalties specified in—

added “(A) section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

added “(B) section 1001 of title 18.

added “(4)

added “(A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of the Department, established pursuant to section 1702 of title 41, shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or any other systems available, to monitor compliance with this subsection. The Chief Acquisition Officer shall refer any violations of this subsection to the Inspector General of the Department.

added “(B) Not later than November 30 of each year, the Inspector General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report—

added “(i) the number of referred violations received under subparagraph (A); and

added “(ii) the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution.”