[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[Senate]
[Pages S7332-S7369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2695. Mr. THUNE (for Mr. Scott of South Carolina (for himself and
Mr. Murphy)) proposed an amendment to the bill S. 3451, to improve the
health and safety of Americans living with food allergies and related
disorders, including potentially life-threatening anaphylaxis, food
protein-induced enterocolitis syndrome, and eosinophilic
gastrointestinal diseases, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Johnny
Isakson and David P. Roe, M.D. Veterans Health Care and
Benefits Improvement Act of 2020''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Determination of budgetary effects.
TITLE I--EDUCATION
Subtitle A--Education Generally
Sec. 1001. Improvements to Edith Nourse Rogers STEM Scholarship program
of Department of Veterans Affairs.
Sec. 1002. Expansion of eligibility for Fry Scholarship to children and
spouses of certain deceased members of the Armed Forces.
Sec. 1003. Period for election to receive benefits under All-Volunteer
Educational Assistance Program of Department of Veterans
Affairs.
Sec. 1004. Phase out of All-Volunteer Educational Assistance Program.
Sec. 1005. Requirements for in-State tuition.
Sec. 1006. Expansion of authority for certain qualifying work-study
activities for purposes of the educational assistance
programs of the Department of Veterans Affairs to include
outreach services provided through congressional offices.
Sec. 1007. Restoration of entitlement to rehabilitation programs for
veterans affected by school closure or disapproval.
Sec. 1008. Technical correction to clarify eligibility for
participation in Yellow Ribbon Program of Department of
Veterans Affairs.
Sec. 1009. Clarification of educational assistance for individuals who
pursue an approved program of education leading to a
degree while on active duty.
Sec. 1010. Verification of enrollment for purposes of receipt of Post-
9/11 Educational Assistance benefits.
Sec. 1011. Clarification regarding the dependents to whom entitlement
to educational assistance may be transferred under the
Post 9/11 Educational Assistance Program.
Sec. 1012. Expansion of reasons for which a course of education may be
disapproved.
Sec. 1013. Oversight of educational institutions with approved
programs: risk-based surveys.
Sec. 1014. Oversight of educational institutions subject to Government
action for purposes of the educational assistance
programs of the Department of Veterans Affairs.
Sec. 1015. Additional requirement for approval of educational
institutions for purposes of the educational assistance
programs of the Department of Veterans Affairs.
Sec. 1016. Clarification of accreditation for law schools for purposes
of the educational assistance programs of the Department
of Veterans Affairs.
Sec. 1017. Clarification of grounds for disapproval of a course for
purposes of the educational assistance programs of the
Department of Veterans Affairs.
Sec. 1018. Requirements for educational institutions participating in
the educational assistance programs of the Department of
Veterans Affairs.
Sec. 1019. Overpayments to eligible persons or veterans.
Sec. 1020. Improvements to limitation on certain advertising, sales,
and enrollment practices.
Sec. 1021. Charge to entitlement to educational assistance for
individuals who do not transfer credits from certain
closed or disapproved programs of education.
Sec. 1022. Department of Veterans Affairs treatment of for-profit
educational institutions converted to nonprofit
educational institutions.
Sec. 1023. Authority of State approving agencies to conduct outreach
activities.
Sec. 1024. Limitation on colocation and administration of State
approving agencies.
Sec. 1025. Elimination of period of eligibility for training and
rehabilitation for certain veterans with service-
connected disabilities.
Subtitle B--Pandemic Assistance
Sec. 1101. Definitions.
Sec. 1102. Continuation of Department of Veterans Affairs educational
assistance benefits during COVID-19 emergency.
Sec. 1103. Effects of closure of educational institution and
modification of courses by reason of COVID-19 emergency.
Sec. 1104. Payment of educational assistance in cases of withdrawal.
Sec. 1105. Modification of time limitations on use of entitlement.
Sec. 1106. Apprenticeship or on-job training requirements.
Sec. 1107. Inclusion of training establishments in certain provisions
related to COVID-19 emergency.
Sec. 1108. Treatment of payment of allowances under Student Veteran
Coronavirus Response Act.
TITLE II--BENEFITS
Subtitle A--Benefits Generally
Sec. 2001. Revision of definition of Vietnam era for purposes of the
laws administered by the Secretary of Veterans Affairs.
Sec. 2002. Matters relating to Department of Veterans Affairs medical
disability examinations.
Sec. 2003. Medal of Honor special pension for surviving spouses.
Sec. 2004. Modernization of service-disabled veterans insurance.
Sec. 2005. Denial of claims for traumatic injury protection under
Servicemembers' Group Life Insurance.
Sec. 2006. Publication and acceptance of disability benefit
questionnaire forms of Department of Veterans Affairs.
Sec. 2007. Threshold for reporting debts to consumer reporting
agencies.
Sec. 2008. Removal of dependents from award of compensation or pension.
Sec. 2009. Eligibility for dependency and indemnity compensation for
surviving spouses who remarry after age 55.
Sec. 2010. Study on exposure by members of the Armed Forces to
toxicants at Karshi-Khanabad Air Base in Uzbekistan.
Sec. 2011. Comptroller General briefing and report on repealing
manifestation period for presumptions of service
connection for certain diseases associated with exposure
to certain herbicide agents.
Sec. 2012. Extension of authority of Secretary of Veterans Affairs to
use income information from other agencies.
Sec. 2013. Extension on certain limits on payments of pension.
Subtitle B--Housing
Sec. 2101. Eligibility of certain members of the reserve components of
the Armed Forces for home loans from the Secretary of
Veterans Affairs.
Sec. 2102. Reducing loan fees for certain veterans affected by major
disasters.
Sec. 2103. Extension of certain housing loan fees.
Sec. 2104. Collection of overpayments of specially adapted housing
assistance.
Subtitle C--Burial Matters
Sec. 2201. Transportation of deceased veterans to veterans' cemeteries.
Sec. 2202. Increase in certain funeral benefits under laws administered
by the Secretary of Veterans Affairs.
Sec. 2203. Outer burial receptacles for each new grave in cemeteries
that are the subjects of certain grants made by the
Secretary of Veterans Affairs.
Sec. 2204. Provision of inscriptions for spouses and children on
certain headstones and markers furnished by the Secretary
of Veterans Affairs.
Sec. 2205. Aid to counties for establishment, expansion, and
improvement of veterans' cemeteries.
Sec. 2206. Increase in maximum amount of grants to States, counties,
and tribal organizations for operating and maintaining
veterans' cemeteries.
[[Page S7333]]
Sec. 2207. Provision of urns and commemorative plaques for remains of
certain veterans whose cremated remains are not interred
in certain cemeteries.
Sec. 2208. Training of State and tribal veterans' cemetery personnel by
National Cemetery Administration.
TITLE III--HEALTH CARE
Subtitle A--Health Care Generally
Sec. 3001. Expansion of modifications to Veteran Directed Care program.
Sec. 3002. Prohibition on collection of a health care copayment by the
Secretary of Veterans Affairs from a veteran who is a
member of an Indian tribe.
Sec. 3003. Oversight for State homes regarding COVID-19 infections,
response capacity, and staffing levels.
Sec. 3004. Grants for State homes located on tribal lands.
Sec. 3005. Continuation of Women's Health Transition Training program
of Department of Veterans Affairs.
Sec. 3006. Authority for Secretary of Veterans Affairs to furnish
medically necessary transportation for newborn children
of certain women veterans.
Sec. 3007. Waiver of requirements of Department of Veterans Affairs for
receipt of per diem payments for domiciliary care at
State homes and modification of eligibility for such
payments.
Sec. 3008. Expansion of quarterly update of information on staffing and
vacancies at facilities of the Department of Veterans
Affairs to include information on duration of hiring
process.
Sec. 3009. Requirement for certain Department of Veterans Affairs
medical facilities to have physical location for the
disposal of controlled substances medications.
Sec. 3010. Department of Veterans Affairs pilot program for clinical
observation by undergraduate students.
Subtitle B--Scheduling and Consult Management
Sec. 3101. Process and requirements for scheduling appointments for
health care from Department of Veterans Affairs and non-
Department health care.
Sec. 3102. Audits regarding scheduling of appointments and management
of consultations for health care from Department of
Veterans Affairs and non-Department health care.
Sec. 3103. Administration of non-Department of Veterans Affairs health
care.
Sec. 3104. Examination of health care consultation and scheduling
positions of Department of Veterans Affairs.
TITLE IV--NAVY SEAL BILL MULDER
Sec. 4001. Short title.
Subtitle A--Service-connection and COVID-19
Sec. 4101. Presumptions of service-connection for members of Armed
Forces who contract Coronavirus Disease 2019 under
certain circumstances.
Subtitle B--Assistance for Homeless Veterans
Sec. 4201. Flexibility for the Secretary of Veterans Affairs in caring
for homeless veterans during a covered public health
emergency.
Sec. 4202. Legal services for homeless veterans and veterans at risk
for homelessness.
Sec. 4203. Gap analysis of Department of Veterans Affairs programs that
provide assistance to women veterans who are homeless.
Sec. 4204. Improvements to grants awarded by the Secretary of Veterans
Affairs to entities that provide services to homeless
veterans.
Sec. 4205. Repeal of sunset on authority to carry out program of
referral and counseling services for veterans at risk for
homelessness who are transitioning from certain
institutions.
Sec. 4206. Coordination of case management services for veterans
receiving housing vouchers under Tribal Housing and Urban
Development-Veterans Affairs Supportive Housing program.
Sec. 4207. Contracts relating to case managers for homeless veterans in
supported housing program.
Sec. 4208. Report on staffing of Department of Housing and Urban
Development-Department of Veterans Affairs supported
housing program.
Subtitle C--Retraining Assistance for Veterans
Sec. 4301. Access for the Secretaries of Labor and Veterans Affairs to
the Federal directory of new hires.
Sec. 4302. Expansion of eligible class of providers of high technology
programs of education for veterans.
Sec. 4303. Pilot program for off-base transition training for veterans
and spouses.
Sec. 4304. Grants for provision of transition assistance to members of
the Armed Forces after separation, retirement, or
discharge.
Sec. 4305. One-year independent assessment of the effectiveness of
Transition Assistance Program.
Sec. 4306. Longitudinal study on changes to Transition Assistance
Program.
TITLE V--DEBORAH SAMPSON
Sec. 5001. Short title.
Subtitle A--Improving Access for Women Veterans to the Department of
Veterans Affairs
Sec. 5101. Office of Women's Health in Department of Veterans Affairs.
Sec. 5102. Women veterans retrofit initiative.
Sec. 5103. Establishment of environment of care standards and
inspections at Department of Veterans Affairs medical
centers.
Sec. 5104. Provision of reintegration and readjustment services to
veterans and family members in group retreat settings.
Sec. 5105. Provision of legal services for women veterans.
Sec. 5106. Comptroller General surveys and report on supportive
services provided for very low-income women veterans.
Sec. 5107. Programs on assistance for child care for certain veterans.
Sec. 5108. Availability of prosthetics for women veterans from
Department of Veterans Affairs.
Sec. 5109. Requirement to improve Department of Veterans Affairs women
veterans call center.
Sec. 5110. Study on infertility services furnished at Department of
Veterans Affairs.
Sec. 5111. Sense of Congress on access to facilities of Department of
Veterans Affairs by reservists for counseling and
treatment relating to military sexual trauma.
Subtitle B--Increasing Staff Cultural Competency
Sec. 5201. Staffing of women's health primary care providers at medical
facilities of Department of Veterans Affairs.
Sec. 5202. Additional funding for primary care and emergency care
clinicians in Women Veterans Health Care Mini-Residency
Program.
Sec. 5203. Establishment of women veteran training module for non-
Department of Veterans Affairs health care providers.
Sec. 5204. Study on staffing of women veteran program manager program
at medical centers of Department of Veterans Affairs and
training of staff.
Sec. 5205. Study on Women Veteran Coordinator program.
Sec. 5206. Staffing improvement plan for peer specialists of Department
of Veterans Affairs who are women.
Subtitle C--Eliminating Harassment and Assault
Sec. 5301. Expansion of coverage by Department of Veterans Affairs of
counseling and treatment for sexual trauma.
Sec. 5302. Assessment of effects of intimate partner violence on women
veterans by Advisory Committee on Women Veterans.
Sec. 5303. Anti-harassment and anti-sexual assault policy of Department
of Veterans Affairs.
Sec. 5304. Pilot program on assisting veterans who experience intimate
partner violence or sexual assault.
Sec. 5305. Study and task force on veterans experiencing intimate
partner violence or sexual assault.
Subtitle D--Data Collection and Reporting
Sec. 5401. Requirement for collection and analysis of data on
Department of Veterans Affairs benefits and services and
disaggregation of such data by gender, race, and
ethnicity.
Sec. 5402. Study on barriers for women veterans to receipt of health
care from Department of Veterans Affairs.
Sec. 5403. Study on feasibility and advisability of offering Parenting
STAIR program at all medical centers of Department of
Veterans Affairs.
Subtitle E--Benefits Matters
Sec. 5501. Evaluation of service-connection of mental health conditions
relating to military sexual trauma.
Sec. 5502. Choice of sex of Department of Veterans Affairs medical
examiner for assessment of claims for compensation
relating to disability resulting from physical assault of
a sexual nature, battery of a sexual nature, or sexual
harassment.
[[Page S7334]]
Sec. 5503. Secretary of Veterans Affairs report on implementing
recommendations of Inspector General of Department of
Veterans Affairs in certain report on denied
posttraumatic stress disorder claims related to military
sexual trauma.
TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS
Sec. 6001. Short title.
Sec. 6002. Plan to address the financial exploitation of veterans
receiving pension from the Department of Veterans
Affairs.
Sec. 6003. Overpayments of pension to veterans receiving pension from
the Department of Veterans Affairs.
Sec. 6004. Evaluation of additional actions for verifying direct
deposit information provided by veterans on applications
for veterans pension.
Sec. 6005. Annual report on efforts of Department of Veterans Affairs
to address the financial exploitation of veterans
receiving pension.
Sec. 6006. Notice regarding fees charged in connection with filing an
application for veterans pension.
Sec. 6007. Outreach plan for educating vulnerable veterans about
potential financial exploitation relating to the receipt
of pension.
TITLE VII--OTHER MATTERS
Subtitle A--Administrative and Other Matters
Sec. 7001. Medical examination protocol for volunteer drivers
participating in program of transportation services for
veterans.
Sec. 7002. Department of Veterans Affairs Advisory Committee on Tribal
and Indian Affairs.
Sec. 7003. Preference for offerors employing veterans.
Sec. 7004. Extension of certain employment and reemployment rights to
members of the National Guard who perform State active
duty.
Sec. 7005. Repayment of misused benefits.
Sec. 7006. Exemption of certain transfers.
Sec. 7007. Report and planned actions of the Secretary of Veterans
Affairs to address certain high-risk areas of the
Department of Veterans Affairs.
Sec. 7008. Annual report by Secretary of Veterans Affairs on
implementation of priority recommendations of Comptroller
General of the United States pertaining to Department of
Veterans Affairs.
Sec. 7009. Clarification of methods used to monitor compliance with
certain limitations on subcontracting.
Sec. 7010. Department of Veterans Affairs requirement to provide
certain notice to persons filing claims for damage,
injury, or death on Standard Form 95.
Subtitle B--Matters Relating to the Chief Financial Officer of
Department of Veterans Affairs
Sec. 7101. Definitions.
Sec. 7102. Plans for addressing material weaknesses and providing
sufficient authority to Chief Financial Officer of
Department of Veterans Affairs.
Sec. 7103. Chief Financial Officer attestation.
Sec. 7104. Chief Financial Officer responsibility for subordinate chief
financial officers.
Subtitle C--Servicemembers Civil Relief
Sec. 7201. Clarification of delivery of notice of termination of leases
of premises and motor vehicles for purposes of relief
under Servicemembers Civil Relief Act.
Sec. 7202. Technical correction regarding extension of lease
protections for servicemembers under stop movement orders
in response to local, national, or global emergency.
SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE I--EDUCATION
Subtitle A--Education Generally
SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS STEM
SCHOLARSHIP PROGRAM OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Clarification and Expansion of Eligibility.--Subsection
(b)(4) of section 3320 of title 38, United States Code, is
amended--
(1) in subparagraph (A)(i)--
(A) in the matter preceding subclause (I), by inserting ``,
or a dual degree program that includes such an undergraduate
college degree,'' after ``undergraduate college degree'';
(B) by striking subclause (IX); and
(C) by redesignating subclauses (X) and (XI) as subclauses
(IX) and (X), respectively;
(2) in subparagraph (B)--
(A) by inserting ``covered clinical training program for
health care professionals or a'' before ``program of
education''; and
(B) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following new subparagraph:
``(C) is an individual who has earned a graduate degree in
a field referred to in subparagraph (A)(i) and is enrolled in
a covered clinical training program for health care
professionals.''.
(b) Priority.--Subsection (c) of such section is amended to
read as follows:
``(c) Priority.--(1) If the Secretary determines that there
are insufficient funds available in a fiscal year to provide
additional benefits under this section to all eligible
individuals, the Secretary may give priority to the following
eligible individuals:
``(A) Individuals who require the most credit hours
described in subsection (b)(4).
``(B) Individuals who are entitled to educational
assistance under this chapter by reason of paragraph (1),
(2), (8), or (9) of section 3311(b) of this title.
``(2) The Secretary shall give priority to individuals
under paragraph (1) in the following order:
``(A) Individuals who are enrolled in a program of
education leading to an undergraduate degree in a field
referred to in subsection (b)(4)(A)(i).
``(B) Individuals who are enrolled in a program of
education leading to a teaching certificate.
``(C) Individuals who are enrolled in a dual-degree program
leading to both an undergraduate and graduate degree in a
field referred to in subsection (b)(4)(A)(i).
``(D) Individuals who have earned an undergraduate degree
and are enrolled in a covered clinical training program for
health care professionals.
``(E) Individuals who have earned a graduate degree and are
enrolled in a covered clinical training program for health
care professionals.''.
(c) Amounts Not Subject to Certain Limitation.--Subsection
(d) of such section is amended by adding at the end the
following new paragraph:
``(4) Notwithstanding any other provision of this chapter
or chapter 36 of this title, any additional benefits under
this section may not be counted toward the aggregate period
for which section 3695 of this title limits an individual's
receipt of allowance or assistance.''.
(d) Covered Clinical Training Program Defined.--Such
section is further amended by adding at the end the following
new subsection:
``(h) Covered Clinical Training Program Defined.--In this
section, the term `covered clinical training program' means
any clinical training required by a health care professional
to be licensed to practice in a State or locality.''.
SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO
CHILDREN AND SPOUSES OF CERTAIN DECEASED
MEMBERS OF THE ARMED FORCES.
(a) In General.--Subsection (b) of section 3311 of title
38, United States Code, as amended by section 105 of the
Harry W. Colmery Veterans Educational Assistance Act of 2017
(Public Law 115-48), is further amended--
(1) by redesignating paragraph (9) as paragraph (11); and
(2) by inserting after paragraph (8) the following new
paragraphs (9) and (10):
``(9) An individual who is the child or spouse of a person
who, on or after September 11, 2001, dies in line of duty
while serving on duty other than active duty as a member of
the Armed Forces.
``(10) An individual who is the child or spouse of a member
of the Selected Reserve who dies on or after September 11,
2001, while a member of the Selected Reserve from a service-
connected disability.''.
(b) Conforming Amendments.--Title 38, United States Code,
is amended as follows:
(1) In section 3311(f), by striking ``paragraph (8)'' each
place it appears and inserting ``paragraphs (8), (9), and
(10)''.
(2) In section 3313(c)(1), by striking ``(8), or (9)'' and
inserting ``(8), (9), (10), or (11)''.
(3) In section 3317(a), in the second sentence, by striking
``paragraphs (1), (2), (8), and (9)'' and inserting
``paragraphs (1), (2), (8), (9), (10), and (11)''.
(4) In section 3320, as amended by section 1001 of this
title, in subsection (c)(1)(B), by striking ``(8), or (9)''
and inserting ``(8), (9), (10), or (11)''.
(5) In section 3322--
(A) in subsection (e), by striking both ``sections
3311(b)(8) and 3319'' and inserting ``section 3319 and
paragraph (8), (9), or (10) of section 3311 of this title'';
(B) in subsection (f), by striking ``section 3311(b)(8)''
and inserting ``paragraph (8), (9), or (10) of section 3311
of this title''; and
(C) in subsection (h)(2), by striking ``either section
3311(b)(8) or chapter 35'' and inserting ``either chapter 35
or paragraph (8), (9), or (10) of section 3311''.
(c) Applicability Date.--The amendments made by this
section shall take effect immediately after the amendments
made by section 105 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48) take
effect and shall apply with respect to a quarter, semester,
or term, as applicable, commencing on or after August 1,
2021.
[[Page S7335]]
SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL-
VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3011 of title 38, United States
Code, is amended--
(1) in subsection (c)(1), by striking ``Any such election
shall be made at the time the individual initially enters on
active duty as a member of the Armed Forces'' and inserting
``Any such election shall be made during the 90-day period
beginning on the day that is 180 days after the date on which
the individual initially enters initial training''; and
(2) in subsection (b)(1), by striking ``that such
individual is entitled to such pay'' and inserting ``that
begin after the date that is 270 days after the date on which
the individual initially enters initial training''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is two years after the
date of the enactment of this Act.
SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE
PROGRAM.
Subsection (a)(1)(A) of section 3011 of title 38, United
States Code, is amended by striking ``after June 30, 1985''
and inserting ``during the period beginning July 1, 1985, and
ending September 30, 2030''.
SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION.
(a) In General.--Section 3679(c) of title 38, United States
Code, is amended--
(1) in paragraph (2)(A), by striking ``less than three
years before the date of enrollment in the course
concerned''; and
(2) in paragraph (4)--
(A) by striking ``It shall'' and inserting ``(A) It
shall''; and
(B) by adding at the end the following new subparagraph:
``(B) To the extent feasible, the Secretary shall make
publicly available on the internet website of the Department
a database explaining any requirements described in
subparagraph (A) that are established by a public institution
of higher learning for an individual to be charged tuition
and fees at a rate that is equal to or less than the rate the
institution charges for tuition and fees for residents of the
State in which the institution is located. The Secretary
shall disapprove a course of education provided by such an
institution that does not provide the Secretary--
``(i) an initial explanation of such requirements; and
``(ii) not later than 90 days after the date on which any
such requirements change, the updated requirements.''.
(b) Application.--The amendments made by this section shall
apply with respect to a quarter, semester, or term, as
applicable, commencing on or after August 1, 2021.
SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING
WORK-STUDY ACTIVITIES FOR PURPOSES OF THE
EDUCATIONAL ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE
OUTREACH SERVICES PROVIDED THROUGH
CONGRESSIONAL OFFICES.
(a) In General.--Section 3485(a)(4) of title 38, United
States Code, is amended by adding at the end the following
new subparagraph:
``(K) The following activities carried out at the offices
of Members of Congress for such Members:
``(i) The distribution of information to members of the
Armed Forces, veterans, and their dependents about the
benefits and services under laws administered by the
Secretary and other appropriate governmental and
nongovernmental programs.
``(ii) The preparation and processing of papers and other
documents, including documents to assist in the preparation
and presentation of claims for benefits under laws
administered by the Secretary.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION
PROGRAMS FOR VETERANS AFFECTED BY SCHOOL
CLOSURE OR DISAPPROVAL.
(a) Entitlement.--Section 3699 of title 38, United States
Code, is amended by striking ``chapter 30,'' each time it
appears and inserting ``chapter 30, 31,''.
(b) Payment of Subsistence Allowances.--Section
3680(a)(2)(B) of title 38, United States Code, is amended--
(1) by inserting ``or a subsistence allowance described in
section 3108'' before ``, during''; and
(2) by inserting ``or allowance'' after ``such a stipend''.
(c) Conforming Amendment.--Section 7 of the Student Veteran
Coronavirus Response Act of 2020 (134 Stat. 634; Public Law
116-140) is hereby repealed.
(d) Effective Date.--The amendments made by this section
shall apply as if included in the enactment of section 109 of
the Harry W. Colmery Veterans Educational Assistance Act of
2017 (Public Law 115-48; 131 Stat. 978).
SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGIBILITY FOR
PARTICIPATION IN YELLOW RIBBON PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
Section 3317(a) of title 38, United States Code, is
amended--
(1) by striking ``the full cost of established charges (as
specified in section 3313)'' and inserting ``the full cost of
tuition and fees for a program of education''; and
(2) by striking ``those established charges'' and inserting
``such tuition and fees''.
SEC. 1009. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR
INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM OF
EDUCATION LEADING TO A DEGREE WHILE ON ACTIVE
DUTY.
(a) In General.--Section 3313(e) of title 38, United States
Code, is amended--
(1) in the heading, by inserting ``for a Period of More
Than 30 Days'' after ``Active Duty'';
(2) in paragraph (1), by inserting ``for a period of more
than 30 days'' after ``active duty''; and
(3) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``for a period of more than 30 days'' after
``active duty''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on August 1, 2022.
SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF RECEIPT
OF POST-9/11 EDUCATIONAL ASSISTANCE BENEFITS.
(a) In General.--Section 3313 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(l) Verification of Enrollment.--(1) The Secretary shall
require--
``(A) each educational institution to submit to the
Secretary verification of each individual who is enrolled in
a course or program of education at the educational
institution and is receiving educational assistance under
this chapter--
``(i) not later than such time as the Secretary determines
reasonable after the date on which the individual is
enrolled; and
``(ii) not later than such time as the Secretary determines
reasonable after the last date on which a student is able to
withdraw from the course or program of education without
penalty; and
``(B) each individual who is enrolled in a course or
program of education and is receiving educational assistance
under this chapter to submit to the Secretary verification of
such enrollment for each month during which the individual is
so enrolled and receiving such educational assistance.
``(2) Verification under this subsection shall be in an
electronic form prescribed by the Secretary.
``(3) If an individual fails to submit the verification
required under paragraph (1)(B) for two consecutive months,
the Secretary may not make a monthly stipend payment to the
individual under this section until the individual submits
such verification.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM
ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE
TRANSFERRED UNDER THE POST 9/11 EDUCATIONAL
ASSISTANCE PROGRAM.
(a) In General.--Section 3319(c) of title 38, United States
Code, is amended to read as follows:
``(c) Eligible Dependents.--
``(1) Transfer.--An individual approved to transfer an
entitlement to educational assistance under this section may
transfer the individual's entitlement to an eligible
dependent or a combination of eligible dependents.
``(2) Definition of eligible dependent.--For purposes of
this subsection, the term `eligible dependent' has the
meaning given the term `dependent' under subparagraphs (A),
(I), and (D) of section 1072(2) of title 10.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to educational assistance payable
under chapter 33 of title 38, United States Code, before, on,
or after the date that is 90 days after the date of the
enactment of this Act.
SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF
EDUCATION MAY BE DISAPPROVED.
(a) In General.--Section 3672(b)(2) of title 38, United
States Code, is amended--
(1) in subparagraph (A)(i), by inserting or ``or (D)''
after ``subparagraph (C)''; and
(2) by adding at the end the following new subparagraph:
``(D) A program that is described in subparagraph (A)(i) of
this paragraph and offered by an educational institution that
is at risk of losing accreditation shall not be deemed to be
approved for purposes of this chapter. For purposes of this
subparagraph, an educational institution is at risk of losing
accreditation if that educational institution has received
from the relevant accrediting agency or association a notice
described in section 3673(e)(2)(D) of this title.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTITUTIONS WITH
APPROVED PROGRAMS: RISK-BASED SURVEYS.
(a) Risk-based Surveys.--
(1) In general.--Subchapter I of chapter 36, United States
Code, is amended by inserting after section 3673 the
following new section:
``Sec. 3673A. Risk-based surveys
``(a) Development Required.--The Secretary, in partnership
with State approving agencies, shall develop a searchable
risk-based survey for oversight of educational institutions
with courses and programs of education approved under this
chapter.
``(b) Scope.--(1) The scope of the risk-based survey
developed under subsection (a) shall be determined by the
Secretary, in partnership with the State approving agency.
``(2) At a minimum the scope determined under paragraph (1)
shall include the following:
[[Page S7336]]
``(A) Rapid increase in veteran enrollment.
``(B) Rapid increase in tuition and fees.
``(C) Complaints tracked and published with the mechanism
required by section 3698(b)(2) from students pursuing
programs of education with educational assistance furnished
under laws administered by the Secretary, based on severity
or volume of the complaints.
``(D) Compliance with section 3680A(d)(1) of this title.
``(E) Veteran completion rates.
``(F) Indicators of financial stability.
``(G) Review of the advertising and recruiting practices of
the educational institution, including those by third-party
contractors of the educational institution.
``(H) Matters for which the Federal Government or a State
Government brings an action in a court of competent
jurisdiction against an educational institution, including
matters in cases in which the Federal Government or the State
comes to a settled agreement on such matters outside of the
court.
``(c) Database.--The Secretary, in partnership with the
State approving agencies under this chapter, shall establish
a database or use an existing system, as the Secretary
considers appropriate, to serve as a central repository for
information required for or collected during site visits for
the risk-based survey developed under subsection (a), so as
to improve future oversight of educational institutions with
programs of education approved under this chapter.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by inserting
after the item relating to section 3673 the following new
item:
``3673A. Risk-based surveys.''.
(b) Use of State Approving Agencies for Oversight
Activities.--
(1) In general.--Section 3673(d) of title 38, United States
Code, is amended--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``compliance and risk-based surveys'' and
inserting ``a risk-based survey developed under section 3673A
of this title''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2022.
SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO
GOVERNMENT ACTION FOR PURPOSES OF THE
EDUCATIONAL ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3673 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Notice of Government Action.--(1)(A) If the Secretary
receives notice described in paragraph (2), or otherwise
becomes aware of an action or event described in paragraph
(3), with respect to an educational institution, the
Secretary shall transmit such notice or provide notice of
such action or event to the State approving agency for the
State where the educational institution is located by not
later than 30 days after the date on which the Secretary
receives such notice or becomes aware of such action or
event.
``(B) If a State approving agency receives notice as
described in paragraph (2), or otherwise becomes aware of an
action or event described in paragraph (3), with respect to
an educational institution, other than from the Secretary
pursuant to subparagraph (A) of this paragraph, the State
approving agency shall immediately notify the Secretary.
``(C) Not later than 60 days after the date on which a
State approving agency receives notice under subparagraph
(A), receives notice as described in subparagraph (B), or
becomes aware as described in such subparagraph, as the case
may be, regarding an educational institution, such State
approving agency shall--
``(i) complete a risk-based survey of such educational
institution; and
``(ii) provide the Secretary with--
``(I) a complete report on the findings of the State
approving agency with respect to the risk-based survey
completed under clause (i) and any actions taken as a result
of such findings; and
``(II) any supporting documentation and pertinent records.
``(2) Notice described in this paragraph is any of the
following:
``(A) Notice from the Secretary of Education of an event
under paragraph (3)(A).
``(B) Notice of an event under paragraph (3)(B).
``(C) Notice from a State of an action taken by that State
under paragraph (3)(C).
``(D) Notice provided by an accrediting agency or
association of an action described in paragraph (3)(D) taken
by that agency or association.
``(E) Notice that the Secretary of Education has placed the
educational institution on provisional certification status.
``(3) An action or event under this paragraph is any of the
following:
``(A) The receipt by an educational institution of payments
under the heightened cash monitoring level 2 payment method
pursuant to section 487(c)(1)(B) of the Higher Education Act
of 1965 (20 U.S.C. 1094).
``(B) Punitive action taken by the Attorney General, the
Federal Trade Commission, or any other Federal department or
agency for misconduct or misleading marketing practices that
would violate the standards defined by the Secretary of
Veterans Affairs.
``(C) Punitive action taken by a State against an
educational institution.
``(D) The loss, or risk of loss, by an educational
institution of an accreditation from an accrediting agency or
association, including notice of probation, suspension, an
order to show cause relating to the educational institution's
academic policies and practices or to its financial
stability, or revocation of accreditation.
``(E) The placement of an educational institution on
provisional certification status by the Secretary of
Education.
``(4) If a State approving agency disapproves or suspends
an educational institution, the State approving agency shall
provide notice of such disapproval or suspension to the
Secretary and to all other State approving agencies.
``(5) This subsection shall be carried out using amounts
made available pursuant to section 3674(a)(4) of this title
as long as such amounts remain available.
``(6) For each notice transmitted or provided to a State
approving agency under paragraph (1) with respect to an
educational institution, the Secretary shall ensure the
careful review of--
``(A) to the extent possible, the action that gave rise to
such notice; and
``(B) any other action against the educational institution
by any Federal or State government entity or by the
educational institution's accreditor.
``(7) In this subsection, the term `risk-based survey'
means the risk-based survey developed under section 3673A of
this title.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDUCATIONAL
INSTITUTIONS FOR PURPOSES OF THE EDUCATIONAL
ASSISTANCE PROGRAMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 3675 of title 38, United States
Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) The educational institution is approved and
participates in a program under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) or the
Secretary has waived the requirement under this paragraph
with respect to an educational institution and submits to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives notice of such waiver.''.
(2) by adding at the end the following new subsection:
``(d)(1) The Secretary shall submit to Congress an annual
report on any waivers issued pursuant to subsection (b)(4) or
section 3672(b)(2)(A)(i) of this title.
``(2) Each report submitted under paragraph (1) shall
include, for the year covered by the report, the following:
``(A) The name of each educational institution for which a
waiver was issued.
``(B) The justification for each such waiver.
``(C) The total number of waivers issued.''.
(b) Requirement for Approval of Standard College Degree
Programs.--Clause (i) of section 3672(b)(2)(A) of such title
is amended to read as follows:
``(i) Except as provided in subparagraph (C) or (D), an
accredited standard college degree program offered at a
public or not-for-profit proprietary educational institution
that--
``(I) is accredited by an agency or association recognized
for that purpose by the Secretary of Education; and
``(II) is approved and participates in a program under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), unless the Secretary has waived the requirement to
participate in a program under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on August 1, 2021.
SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS FOR
PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Paragraphs (14)(B) and (15)(B) of section
3676(c) of title 38, United States Code, are each amended--
(1) by striking ``an accrediting agency'' both places it
appears and inserting ``a specialized accrediting agency for
programs of legal education''; and
(2) by inserting before the period the following: ``, from
which recipients of law degrees from such accredited programs
are eligible to sit for a bar examination in any State''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A
COURSE FOR PURPOSES OF THE EDUCATIONAL
ASSISTANCE PROGRAMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 3679 of title 38, United States
Code, is amended--
(1) by inserting ``(including failure to comply with a
risk-based survey under this chapter or secure an affirmation
of approval by the appropriate State approving agency
following the survey)'' after ``requirements of this
chapter''; and
(2) by adding at the end the following new subsection:
``(f) In this section, the term `risk-based survey' means a
risk-based survey developed under section 3673A(a) of this
title.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2021.
[[Page S7337]]
SEC. 1018. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS
PARTICIPATING IN THE EDUCATIONAL ASSISTANCE
PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3679 of title 38, United States
Code, as amended by section 1017 of this title, is further
amended by adding at the end the following new subsection:
``(f)(1) Except as provided by paragraph (5), a State
approving agency, or the Secretary when acting in the role of
the State approving agency, shall take an action described in
paragraph (4)(A) if the State approving agency or the
Secretary, when acting in the role of the State approving
agency, determines that an educational institution does not
perform any of the following:
``(A) Prior to the enrollment of a covered individual in a
course of education at the educational institution, provide
the individual with a form that contains information
personalized to the individual that describes--
``(i) the estimated total cost of the course, including
tuition, fees, books, supplies, and any other additional
costs;
``(ii) an estimate of the cost for living expenses for
students enrolled in the course;
``(iii) the amount of the costs under clauses (i) and (ii)
that are covered by the educational assistance provided to
the individual under chapter 30, 31, 32, 33, or 35 of this
title, or chapter 1606 or 1607 of title 10, as the case may
be;
``(iv) the type and amount of Federal financial aid not
administered by the Secretary and financial aid offered by
the institution that the individual may qualify to receive;
``(v) an estimate of the amount of student loan debt the
individual would have upon graduation;
``(vi) information regarding graduation rates;
``(vii) job-placement rates for graduates of the course, if
available;
``(viii) information regarding the acceptance by the
institution of transfer of credits, including military
credits;
``(ix) any conditions or additional requirements, including
training, experience, or examinations, required to obtain the
license, certification, or approval for which the course of
education is designed to provide preparation; and
``(x) other information to facilitate comparison by the
individual of aid packages offered by different educational
institutions.
``(B) Not later than 15 days after the date on which the
institution (or the governing body of the institution)
determines tuition rates and fees for an academic year that
is different than the amount being charged by the
institution, provide a covered individual enrolled in a
course of education at the educational institution with the
form under subparagraph (A) that contains updated
information.
``(C) Maintain policies to--
``(i) inform each covered individual enrolled in a course
of education at the educational institution of the
availability of Federal financial aid not administered by the
Secretary and financial aid offered by the institution; and
``(ii) alert such individual of the potential eligibility
of the individual for such financial aid before packaging or
arranging student loans or alternative financing programs for
the individual.
``(D) Maintain policies to--
``(i) prohibit the automatic renewal of a covered
individual in courses and programs of education; and
``(ii) ensure that each covered individual approves of the
enrollment of the individual in a course.
``(E) Provide to a covered individual enrolled in a course
of education at the educational institution with information
regarding the requirements to graduate from such course,
including information regarding when required classes will be
offered and a timeline to graduate.
``(F) With respect to an accredited educational
institution, obtain the approval of the accrediting agency
for each new course or program of the institution before
enrolling covered individuals in such courses or programs if
the accrediting agency determines that such approval is
appropriate under the substantive change requirements of the
accrediting agency regarding the quality, objectives, scope,
or control of the institution.
``(G) Maintain a policy that--
``(i) ensures that members of the Armed Forces, including
the reserve components and the National Guard, who enroll in
a course of education at the educational institution may be
readmitted at such institution if such members are
temporarily unavailable or have to suspend such enrollment by
reason of serving in the Armed Forces; and
``(ii) otherwise accommodates such members during short
absences by reason of such service.
``(H) Designate an employee of the educational institution
to serve as a point of contact for covered individuals and
the family of such individuals needing assistance with
respect to academic counseling, financial counseling,
disability counseling, and other information regarding
completing a course of education at such institution,
including by referring such individuals and family to the
appropriate persons for such counseling and information.
``(2) Except as provided by paragraph (5), a State
approving agency, or the Secretary when acting in the role of
the State approving agency, shall take an action described in
paragraph (4)(A) if the State approving agency, the
Secretary, or any Federal agency, determines that an
educational institution does any of the following:
``(A) Carries out deceptive or persistent recruiting
techniques, including on military installations, that may
include--
``(i) misrepresentation (as defined in section
3696(e)(2)(B) of this title) or payment of incentive
compensation;
``(ii) during any 1-month period making three or more
unsolicited contacts to a covered individual, including
contacts by phone, email, or in-person; or
``(iii) engaging in same-day recruitment and registration.
``(B) Pays inducements, including any gratuity, favor,
discount, entertainment, hospitality, loan, transportation,
lodging, meals, or other item having a monetary value of more
than a de minimis amount, to any individual or entity, or its
agents including third party lead generators or marketing
firms other than salaries paid to employees or fees paid to
contractors in conformity with all applicable laws for the
purpose of securing enrollments of covered individuals or
obtaining access to educational assistance under this title,
with the exception of scholarships, grants, and tuition
reductions provided by the educational institution.
``(3) A State approving agency, or the Secretary when
acting in the role of the State approving agency, shall take
an action described in paragraph (4)(A) if the State
approving agency or the Secretary, when acting in the role of
the State approving agency, determines that an educational
institution is the subject of a negative action made by the
accrediting agency that accredits the institution, including
any of the following:
``(A) Accreditor sanctions.
``(B) Accreditation probation.
``(C) The loss of accreditation or candidacy for
accreditation.
``(4)(A) An action described in this subparagraph is any of
the following:
``(i) Submitting to the Secretary a recommendation that the
Secretary publish a warning on the internet website of the
Department described in section 3698(c)(2) of this title, or
such other similar internet website of the Department, that
describes how an educational institution is failing to meet a
requirement under paragraph (1), (2), or (3).
``(ii) Disapproving a course for purposes of this chapter.
``(B)(i) The Secretary shall establish guidelines to ensure
that the actions described in subparagraph (A) are applied in
a proportional and uniform manner by State approving
agencies, or the Secretary when acting in the role of the
State approving agency.
``(ii) Each State approving agency and the Secretary, when
acting in the role of the State approving agency, shall
adhere to the guidelines established under clause (i).
``(C) The State approving agency, in consultation with the
Secretary, or the Secretary when acting in the role of the
State approving agency, may limit an action described in
subparagraph (A)(ii) to individuals not enrolled at the
educational institution before the period described in such
subparagraph.
``(5)(A) The Secretary may waive the requirements of
paragraph (1) or waive the requirements of paragraph (2) with
respect to an educational institution for a 1-academic-year
period beginning in August of the year in which the waiver is
made. A single educational institution may not receive
waivers under this paragraph for more than 2 consecutive
academic years.
``(B) To be considered for a waiver under this paragraph,
an educational institution shall submit to the Secretary an
application prior to the first day of the academic year for
which the waiver is sought.
``(6) Not later than October 1 of each year, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives the following reports:
``(A) A report, which shall be made publicly available,
that includes the following:
``(i) A summary of each action described in paragraph
(4)(A) made during the year covered by the report,
including--
``(I) the name of the educational institution;
``(II) the type of action taken;
``(III) the rationale for the action, including how the
educational institution was not in compliance with this
subsection;
``(IV) the length of time that the educational institution
was not in such compliance; and
``(V) whether the educational institution was also not in
compliance with this subsection during any of the 2 years
prior to the year covered by the report.
``(ii) A summary and justifications for the waivers made
under paragraph (5) during the year covered by the report,
including the total number of waivers each educational
institution has received.
``(B) A report containing the recommendations of the
Secretary with respect to any legislative actions the
Secretary determines appropriate to ensure that this
subsection is carried out in a manner that is consistent with
the requirements that educational institutions must meet for
purposes of other departments or agencies of the Federal
Government.
``(7) In this subsection, the term `covered individual'
means an individual who is pursuing a course of education at
an educational institution under chapter 30, 31, 32, 33, or
35 of this title, or chapter 1606 or 1607 of title 10.''.
[[Page S7338]]
(b) Application Date.--The amendment made by this section
shall take effect on June 15, 2021, and shall apply to an
educational institution beginning on August 1, 2021, except
that an educational institution may submit an application for
a waiver under subsection (f)(5) of section 3679 of title 38,
United States Code, as added by subsection (a), beginning on
June 15, 2021.
SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS.
(a) In General.--Subsection (b) of section 3685 of title
38, United States Code, is amended to read as follows:
``(b) Any overpayment to a veteran or eligible person with
respect to pursuit by the veteran or eligible person of a
program of education at an educational institution shall
constitute a liability of the educational institution to the
United States if--
``(1) the Secretary finds that the overpayment has been
made as the result of--
``(A) the willful or negligent failure of an educational
institution to report, as required under this chapter or
chapter 34 or 35 of this title, to the Department of Veterans
Affairs excessive absences from a course, or discontinuance
or interruption of a course by the veteran or eligible
person; or
``(B) the willful or negligent false certification by an
educational institution; or
``(2) the benefit payment sent to an educational
institution on behalf of an eligible veteran or person is
made pursuant to--
``(A) section 3313(h) of this title;
``(B) section 3317 of this title; or
``(C) section 3680(d) of this title; or
``(D) section 3320(d) of this title.''.
(b) Clarifying Amendment.--Subsection (a) of such section
is further amended by inserting ``relating to educational
assistance under a law administered by the Secretary'' after
``made to a veteran or eligible person''.
SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING,
SALES, AND ENROLLMENT PRACTICES.
(a) Prohibition on Substantial Misrepresentation.--
(1) In general.--Section 3696 of title 38, United States
Code, is amended to read as follows:
``Sec. 3696. Prohibition on certain advertising, sales, and
enrollment practices
``(a) Prohibition on Engaging in Substantial
Misrepresentation.--An educational institution with a course
or program of education approved under this chapter, and an
entity that owns such an educational institution, shall not
engage in substantial misrepresentation described in
subsection (b).
``(b) Substantial Misrepresentation Described.--(1)
Substantial misrepresentation described in this paragraph is
substantial misrepresentation by an educational institution,
a representative of the institution, or any person with whom
the institution has an agreement to provide educational
programs, marketing, advertising, recruiting or admissions
services, concerning any of the following:
``(A) The nature of the educational program of the
institution, including misrepresentation regarding--
``(i) the particular type, specific source, or nature and
extent, of the accreditation of the institution or a course
of education at the institution;
``(ii) whether a student may transfer course credits to
another institution;
``(iii) conditions under which the institution will accept
transfer credits earned at another institution;
``(iv) whether successful completion of a course of
instruction qualifies a student--
``(I) for acceptance to a labor union or similar
organization; or
``(II) to receive, to apply to take, or to take an
examination required to receive a local, State, or Federal
license, or a nongovernmental certification required as a
precondition for employment, or to perform certain functions
in the States in which the educational program is offered, or
to meet additional conditions that the institution knows or
reasonably should know are generally needed to secure
employment in a recognized occupation for which the program
is represented to prepare students;
``(v) the requirements for successfully completing the
course of study or program and the circumstances that would
constitute grounds for terminating the student's enrollment;
``(vi) whether the courses of education at the institution
are recommended or have been the subject of unsolicited
testimonials or endorsements by--
``(I) vocational counselors, high schools, colleges,
educational organizations, employment agencies, members of a
particular industry, students, former students, or others; or
``(II) officials of a local or State government or the
Federal Government;
``(vii) the size, location, facilities, or equipment of the
institution;
``(viii) the availability, frequency, and appropriateness
of the courses of education and programs to the employment
objectives that the institution states the courses and
programs are designed to meet;
``(ix) the nature, age, and availability of the training
devices or equipment of the institution and the
appropriateness to the employment objectives that the
institution states the courses and programs are designed to
meet;
``(x) the number, availability, and qualifications,
including the training and experience, of the faculty and
other personnel of the institution;
``(xi) the availability of part-time employment or other
forms of financial assistance;
``(xii) the nature and availability of any tutorial or
specialized instruction, guidance and counseling, or other
supplementary assistance the institution will provide
students before, during, or after the completion of a course
of education;
``(xiii) the nature or extent of any prerequisites
established for enrollment in any course of education;
``(xiv) the subject matter, content of the course of
education, or any other fact related to the degree, diploma,
certificate of completion, or any similar document that the
student is to be, or is, awarded upon completion of the
course of education; and
``(xv) whether the degree that the institution will confer
upon completion of the course of education has been
authorized by the appropriate State educational agency,
including with respect to cases where the institution fails
to disclose facts regarding the lack of such authorization in
any advertising or promotional materials that reference such
degree.
``(B) The financial charges of the institution, including
misrepresentation regarding--
``(i) offers of scholarships to pay all or part of a course
charge;
``(ii) whether a particular charge is the customary charge
at the institution for a course;
``(iii) the cost of the program and the refund policy of
the institution if the student does not complete the program;
``(iv) the availability or nature of any financial
assistance offered to students, including a student's
responsibility to repay any loans, regardless of whether the
student is successful in completing the program and obtaining
employment; and
``(v) the student's right to reject any particular type of
financial aid or other assistance, or whether the student
must apply for a particular type of financial aid, such as
financing offered by the institution.
``(C) The employability of the graduates of the
institution, including misrepresentation regarding--
``(i) the relationship of the institution with any
organization, employment agency, or other agency providing
authorized training leading directly to employment;
``(ii) the plans of the institution to maintain a placement
service for graduates or otherwise assist graduates to obtain
employment;
``(iii) the knowledge of the institution about the current
or likely future conditions, compensation, or employment
opportunities in the industry or occupation for which the
students are being prepared;
``(iv) job market statistics maintained by the Federal
Government in relation to the potential placement of the
graduates of the institution; and
``(v) other requirements that are generally needed to be
employed in the fields for which the training is provided,
such as requirements related to commercial driving licenses
or permits to carry firearms, and failing to disclose factors
that would prevent an applicant from qualifying for such
requirements, such as prior criminal records or preexisting
medical conditions.
``(2) In this subsection:
``(A) The term `misleading statement' includes any
communication, action, omission, or intimation made in
writing, visually, orally, or through other means, that has
the likelihood or tendency to mislead the intended recipient
of the communication under the circumstances in which the
communication is made. Such term includes the use of student
endorsements or testimonials for an educational institution
that a student gives to the institution either under duress
or because the institution required the student to make such
an endorsement or testimonial to participate in a program of
education.
``(B) The term `misrepresentation' means any false,
erroneous, or misleading statement, action, omission, or
intimation made directly or indirectly to a student, a
prospective student, the public, an accrediting agency, a
State agency, or to the Secretary by an eligible institution,
one of its representatives, or any person with whom the
institution has an agreement to provide educational programs,
marketing, advertising, recruiting or admissions services.
``(C) The term `substantial misrepresentation' means
misrepresentation in which the person to whom it was made
could reasonably be expected to rely, or has reasonably
relied, to that person's detriment.
``(c) Limitation on Certain Commissions, Bonuses, and Other
Incentive Payments.--An educational institution with a course
or program of education approved under this chapter, and an
entity that owns such an educational institution, shall not
provide any commission, bonus, or other incentive payment
based directly or indirectly on success in securing
enrollments or financial aid to any persons or entities
engaged in any student recruiting or admission activities or
in making decisions regarding the award of student financial
assistance.
``(d) Requirement to Maintain Records.--(1) To ensure
compliance with this section, any educational institution
offering courses approved for the enrollment of eligible
persons or veterans shall maintain a complete record of all
advertising, sales, or enrollment materials (and copies
thereof) utilized by or on behalf of the institution during
the preceding two-year period. Such record shall be available
for inspection by the State approving agency or the
Secretary.
[[Page S7339]]
``(2) Such materials shall include but are not limited to
any direct mail pieces, brochures, printed literature used by
sales persons, films, video tapes, and audio tapes
disseminated through broadcast media, material disseminated
through print, digital, or electronic media, tear sheets,
leaflets, handbills, fliers, and any sales or recruitment
manuals used to instruct sales personnel, agents, or
representatives of such institution.
``(e) Agreement With Federal Trade Commission.--(1) The
Secretary shall, pursuant to section 3694 of this title,
enter into an agreement with the Federal Trade Commission to
utilize, where appropriate, its services and facilities,
consistent with its available resources, in carrying out
investigations and making the Under Secretary of Benefit's
preliminary findings under subsection (g)(1).
``(2) Such agreement shall provide that cases arising under
subsection (a) of this section or any similar matters with
respect to any of the requirements of this chapter or
chapters 34 and 35 of this title may be referred to the
Federal Trade Commission which in its discretion will conduct
an investigation and make preliminary findings.
``(3) The findings and results of any investigation under
paragraph (2) shall be referred to the Under Secretary for
Benefits, who shall take appropriate action under subsection
(g) in such cases not later than 60 days after the date of
such referral.
``(f) Final Judgments From Other Federal Agencies.--
Whenever the Secretary becomes aware of a final judgment by a
Federal agency against an educational institution or owner of
an educational institution pertaining to substantial
misrepresentation described in subsection (b) or of other
credible evidence relating to a violation of subsection (a),
the Secretary, in partnership with the applicable State
approving agency, shall--
``(1) within 30 days, alert the educational institution or
owner that it is at risk of losing approval under this
chapter of its courses or programs of education;
``(2) provide the educational institution or owner 60 days
to provide any information it wishes to the Secretary;
``(3) require the educational institution or owner to
submit to the Secretary a report prepared by an approved
third-party auditor of the advertising and enrollment
practices of the educational institution or owner; and
``(4) refer the matter to the Under Secretary of Benefits,
who may thereafter make a preliminary finding under
subsection (g).
``(g) Preliminary Findings, Final Determinations, and
Processes.--(1) The Under Secretary for Benefits shall make
preliminary findings and final determinations on violations
of subsections (a), (c), and (d).
``(2)(A) The Under Secretary shall establish a process for
making preliminary findings and final determinations under
paragraph (1).
``(B) The process established under subparagraph (A)
shall--
``(i) clearly define what triggers an oversight visit by
the Under Secretary for purposes of enforcing subsections
(a), (c), and (d);
``(ii) set forth factors an educational institution, or the
owner of the educational institution, must meet in order to
retain approval status under this section, including with
respect to the factors set forth under subsection (h)(2);
``(iii) include a process for the provision of notice to an
educational institution, or the owner of the educational
institution, that the Under Secretary has made a preliminary
finding under paragraph (1) that the education institution or
owner has violated subsection (a), (c), or (d), which the
Under Secretary shall provide to the educational institution
or owner within such period after making the preliminary
finding as the Under Secretary shall establish for purposes
of this clause, except that, in every case, such period shall
end before the date on which the Under Secretary makes a
final determination under such paragraph; and
``(iv) include--
``(I) a process for receipt of findings from a third-party
pertinent to this section; and
``(II) a process for an educational institution or an owner
to provide such information as the educational institution or
owner determines appropriate to the Secretary, including
information about corrective actions the educational
institution or owner may have taken in response to
preliminary findings under paragraph (1).
``(C) The process established under subparagraph (A) shall
not prohibit a State approving agency from--
``(i) independently investigating a potential violation of
subsection (a), (c), or (d); or
``(ii) taking action if the State approving agency finds a
violation of subsection (a), (c), or (d).
``(3) Upon a preliminary finding under this subsection of a
violation of subsection (a), (c), or (d) by an educational
institution, or the owner of an educational institution, the
Under Secretary shall require the educational institution or
owner to submit to the Under Secretary a report prepared by
an approved third-party auditor of the advertising and
enrollment practices of the educational institution or owner.
``(4)(A) Before making a final determination under this
subsection regarding a violation of subsection (a), (c), or
(d) by an educational institution or owner of an educational
institution, the Under Secretary shall--
``(i) review the practices of the educational institution
or owner that pertain to activities and practices covered by
subsections (a), (c), and (d);
``(ii) consider the results of a risk-based survey
conducted by a State approving agency, if available; and
``(iii) review--
``(I) the findings and information received pursuant to the
processes established under paragraph (2)(B)(iii);
``(II) in a case in which a report was submitted under
subsection (f)(3), such report;
``(III) the report submitted under paragraph (3)(B) of this
subsection;
``(IV) any findings and results submitted under subsection
(e)(3);
``(V) the marketing and outreach material of the
educational institution and the contractors of the
educational institution.
``(B) The Under Secretary may not make a final
determination under this subsection solely based on
preliminary findings.
``(5) The Under Secretary may not delegate authority to
make a final determination under this subsection, including
to any employee of the Department or to the Federal Trade
Commission.
``(h) Enforcement.--(1)(A) Upon a final determination by
the Under Secretary for Benefits under subsection (g) that an
educational institution or the owner of an educational
institution violated subsection (a), (c), or (d), the Under
Secretary shall, but subject to subparagraphs (B), (C), and
(D) of this paragraph, take one of the following actions
independent of any actions taken under section 3690 of this
title:
``(i) Publish a caution flag on the GI Bill Comparison
Tool, or successor tool, about that educational institution
and alert its currently enrolled eligible veterans and
eligible persons.
``(ii) Suspend the approval of the courses and programs of
education offered by the educational institution by
disapproving new enrollments of eligible veterans and
eligible persons in each course or program of education
offered by that educational institution.
``(iii) Revoke the approval of the courses and programs of
education offered by the educational institution by
disapproving all enrollments of eligible veterans and
eligible persons in each course or program of education
offered by that educational institution.
``(B) In deciding upon a course of action under
subparagraph (A), for the first violation of this section,
the Secretary shall consider the factors set forth in
paragraph (2).
``(C) Subject to subsection (i), any repeat violation and
final finding within five years of the first violation of
this section shall result in--
``(i) a suspension of approval of new enrollments as
described in subparagraph (A)(ii) of this paragraph until
reinstatement under subsection (j); or
``(ii) a revocation of approval under this chapter as
described in subparagraph (A)(iii) of this paragraph until
reinstatement under subsection (j).
``(D) Subject to subsection (i), any third violation within
three years of the second violation of this section shall
result in revocation of approval under this chapter as
described in subparagraph (A)(iii) of this paragraph until
reinstatement under subsection (j).
``(E) Any action taken under subparagraph (A) of this
paragraph regarding a violation of subsection (a), (c), or
(d) by an educational institution or the owner of an
educational institution shall be taken on or before the date
that is 180 days after the date on which the Under Secretary
provided notice to the educational institution or owner
regarding the violation in accordance with the process
established under subsection (g)(2)(B)(iii).
``(2) The factors set forth in this paragraph are the
following:
``(A) That the Secretary's action brings sufficient
deterrence for future fraud against students and the programs
of education carried out under this title. Fraud against
veterans must be met with a repercussion strong enough to
send a deterrent message to this and other educational
institutions and owners.
``(B) That the educational institution has secured an
approved third-party auditor to verify the educational
institution's, or owner's, advertising and enrollment
practices for at least three years going forward.
``(C) That the educational institution or owner has
repudiated the deceptive practices and has communicated to
all employees that deceptive practices will not be tolerated,
and has instituted strong governance procedures to prevent
recurrence.
``(D) That the educational institution has taken steps to
remove any pressure on its enrollment recruiters, including
by removing enrollment quotas and incentives for enrollment.
``(E) That the State approving agency or the Secretary
acting in the role of the State approving agency, has
completed a risk-based survey and determined the educational
institution is worthy of serving eligible veterans and
eligible persons.
``(3) Enforcement action under this section shall not
preclude enforcement action under section 3690 of this title.
``(4) No action may be carried out under this subsection
with respect to a final determination by the Under Secretary
under subsection (g) while such final determination is
pending review under subsection (i).
``(i) Appeals.--(1) The Secretary shall establish a process
by which an educational institution or the owner of an
educational institution that is the subject of more than
[[Page S7340]]
one final determination by the Under Secretary under
subsection (g)(1) that the educational institution or owner
violated subsection (a), may request a review of the most
recent final determination.
``(2)(A) The Secretary shall--
``(i) review each final determination for which a review is
requested under paragraph (1); and
``(ii) pursuant to such review, issue a final decision
sustaining, modifying, or overturning the final
determination.
``(B) The Secretary may not delegate any decision under
subparagraph (A).
``(C)(i) Review under subparagraph (A)(i) of this paragraph
shall be the exclusive avenue for review of a final
determination under subsection (g)(1).
``(ii) A decision issued pursuant to a review under
subparagraph (A)(i) may not be appealed to the Secretary for
review under section 7104(a) of this title.
``(3)(A) Not later than 30 days after the date on which the
Secretary issues a final decision under paragraph (2)(A)(ii),
the Secretary shall submit to Congress a report on such final
decision.
``(B) A report submitted under subparagraph (A) shall
include the following:
``(i) An outline of the decisionmaking process of the
Secretary that led to the final decision described in
subparagraph (A).
``(ii) Any relevant material used to make the final
decision under paragraph (2)(A)(ii), including risk-based
surveys and documentation from the educational institution or
the owners of the educational institution.
``(iii) Materials that were submitted to the Secretary
after the date of the final determination under subsection
(g) that was the subject of the final decision under
paragraph (2)(A)(ii) of this subsection and before the date
on which the Secretary issued such final decision.
``(j) Reinstatement of Approval.--(1) If an educational
institution or the owner of an educational institution has
had the approval of the courses or programs of education of
the educational institution suspended as described in clause
(ii) of subsection (h)(1)(A) or revoked as described in
clause (iii) of such subsection for a violation of subsection
(a), (c), or (d) pursuant to subparagraph (C) or (D) of
subsection (h)(1), the educational institution or owner may
submit to the applicable State approving agency or the
Secretary when acting as a State approving agency an
application for reinstatement of approval under this
subsection.
``(2) Approval under this chapter may not be reinstated
under this subsection until--
``(A) the educational institution or owner submits to the
applicable State approving agency or the Secretary when
acting as a State approving agency an application for
reinstatement of approval under paragraph (1);
``(B) the date that is 540 days after the date of the most
recent suspension or revocation described in paragraph (1) of
the educational institution or owner;
``(C) the educational institution submits a report by an
approved third-party auditor on the advertising and
enrollment practices of the educational institution,
including those of its third-party contractors;
``(D) procedures are in place to prevent any future
violation of subsection (a), (c), or (d);
``(E) that the educational institution has met all factors
set forth in subsection (h)(2); and
``(F) the Secretary agrees to such reinstatement.
``(k) Rule of Construction Regarding State Approving
Agencies and Risk-based Surveys.--Nothing in this section
shall be construed to prohibit a State approving agency from
conducting any risk-based survey the State approving agency
considers appropriate at any educational institution that it
considers appropriate for oversight purposes.
``(l) Definitions.--In this section:
``(1) The term `approved third-party auditor' means an
independent third-party auditor that is approved by the
Secretary for purposes of third-party audits under this
section.
``(2) The term `risk-based survey' means the risk-based
survey developed under section 3673A of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3696 and inserting the following
new item:
``3696. Prohibition on certain advertising, sales, and enrollment
practices.''.
(b) Requirements for Nonaccredited Courses.--Paragraph (10)
of section 3676(c) of such title is amended to read as
follows:
``(10) The institution, and any entity that owns the
institution, does not engage in substantial misrepresentation
described in section 3696(e) of this title. The institution
shall not be deemed to have met this requirement until the
State approving agency--
``(A) has ascertained that no Federal department or agency
has taken a punitive action, not including a settlement
agreement, against the school for misleading or deceptive
practices;
``(B) has, if such an order has been issued, given due
weight to that fact; and
``(C) has reviewed the complete record of advertising,
sales, or enrollment materials (and copies thereof) used by
or on behalf of the institution during the preceding 12-month
period.''.
(c) Application Date.--The amendments made by this section
shall take effect on August 1, 2021.
SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE
FOR INDIVIDUALS WHO DO NOT TRANSFER CREDITS
FROM CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF
EDUCATION.
(a) In General.--Subsection (c) of section 3699 of title
38, United States Code, is amended to read as follows:
``(c) Period Not Charged.--(1) 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 enrollment in the course
from which the individual did not receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2); and
``(B) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(2)(A) An individual described in subparagraph (B) who
transfers fewer than 12 credits from a program of education
that is closed or disapproved as described in subsection
(b)(1) shall be deemed to be an individual who did not
receive such credits, as described in subsection (b)(2),
except that the period for which such individual's
entitlement is not charged shall be the entire period of the
individual's enrollment in the program of education. In
carrying out this subparagraph, the Secretary, in
consultation with the Secretary of Education, shall establish
procedures to determine whether the individual transferred
credits to a comparable course or program of education.
``(B) An individual described in this subparagraph is an
individual who is enrolled in a course or program of
education closed or discontinued as described in subsection
(b)(1) during the period beginning on the date that is 120
days before the date of such closure or discontinuance and
ending on the date of such closure or discontinuance, as the
case may be.
``(C) This paragraph shall apply with respect to a course
or program of education closed or discontinued before
September 30, 2023.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF FOR-
PROFIT EDUCATIONAL INSTITUTIONS CONVERTED TO
NONPROFIT EDUCATIONAL INSTITUTIONS.
(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:
``Sec. 3699B. Treatment of certain for-profit educational
institutions
``(a) In General.--In the case of any for-profit
educational institution that is converted to a nonprofit
educational institution, the State approving agency or the
Secretary when acting as a State approving agency shall
conduct annual risk-based surveys of the institution during
the three-year period beginning on the date on which the
educational institution is so converted.
``(b) Risk-based Survey Defined.--In this section, the term
`risk-based survey' means the risk-based survey developed
under section 3673A 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 3699A the following new item:
``3699B. Treatment of certain for-profit educational institutions.''.
(c) Applicability.--Section 3699B of title 38, United
States Code, as added by subsection (a), shall apply with
respect to the conversion of a for-profit educational
institution to a nonprofit educational institution that
occurs on or after the date of the enactment of this Act.
SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT
OUTREACH ACTIVITIES.
Section 3673 of title 38, United States Code, as amended by
section 1014 of this title, is further amended by adding at
the end the following new subsection:
``(f) Outreach Activities.--(1) A State approving agency
may conduct outreach activities if--
``(A) the State approving agency has properly conducted its
enforcement and approval of courses and programs of education
under this chapter; and
``(B) funds are still available to do so.
``(2) For purposes of paragraph (1)(A), a State approving
agency shall be considered to have properly conducted its
enforcement and approval of courses and programs of education
under this chapter if the State approving agency has--
``(A) met fulfilled its requirements pursuant to the
applicable cooperative agreements between the State approving
agency and the Department relating to the oversight and
approval of courses and programs of education under this
chapter; and
``(B) completed a risk-based survey of any course or
program of education determined to be of questionable quality
or at risk by any Federal or State agency or any accrediting
agency.
``(3) Outreach activities conducted under paragraph (1)
shall be carried out using amounts derived from amounts not
specifically appropriated to carry out this subsection.''.
[[Page S7341]]
SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF
STATE APPROVING AGENCIES.
(a) In General.--Section 3671 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(c) A State department or agency may not be recognized as
a State approving agency designated under this section if
such State department or agency is administered at or
colocated with a university or university system whose
courses or programs of education would be subject to approval
under this chapter by the State approving agency in that
State.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING
AND REHABILITATION FOR CERTAIN VETERANS WITH
SERVICE-CONNECTED DISABILITIES.
(a) In General.--Section 3103 of title 38, United States
Code, is amended--
(1) in subsection (a), by striking ``or (e)'' and inserting
``(e), or (g)''; and
(2) by adding at the end the following new subsection:
``(g) Subsection (a) shall not apply to a veteran who was
discharged or released from active military, naval, or air
service on or after January 1, 2013.''.
(b) Conforming Amendment.--Section 6(c) of the Student
Veteran Coronavirus Response Act of 2020 (134 Stat. 633;
Public Law 116-140) is amended by striking paragraph (1).
Subtitle B--Pandemic Assistance
SEC. 1101. DEFINITIONS.
In this subtitle:
(1) Covered program of education.--The term ``covered
program of education'' means a program of education (as
defined in section 3002 of title 38, United States Code)
approved by a State approving agency, or the Secretary of
Veterans Affairs when acting in the role of a State approving
agency.
(2) COVID-19 emergency.--The term ``COVID-19 emergency''
means the public health emergency declared pursuant to
section 319 of the Public Health Service Act on January 31,
2020, entitled ``Determination that a Public Health Emergency
Exists Nationwide as the Result of the 2019 Novel
Coronavirus''.
(3) Educational institution.--The term ``educational
institution'' has the meaning given that term in section
3452(c) of title 38, United States Code, and includes an
institution of higher learning (as defined in such section).
(4) State approving agency.--The term ``State approving
agency'' has the meaning given that term in section 3671 of
title 38, United States Code.
(5) Training establishment.--The term ``training
establishment'' has the meaning given that term in section
3452(e) of title 38, United States Code.
(6) Training.--The term ``training'' includes on-job
training and apprenticeship programs and vocational
rehabilitation programs.
SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS
EDUCATIONAL ASSISTANCE BENEFITS DURING COVID-19
EMERGENCY.
(a) Authority.--If the Secretary of Veterans Affairs
determines under subsection (c) that an individual is
negatively affected by the COVID-19 emergency, the Secretary
may provide educational assistance to that individual under
the laws administered by the Secretary as if such negative
effects did not occur. The authority under this section is in
addition to the authority provided under section 1 of Public
Law 116-128 (38 U.S.C. 3001 note prec.), but in no case may
the Secretary provide more than a total of four weeks of
additional educational assistance by reason of section 4 of
the Student Veteran Coronavirus Response Act of 2020 (Public
Law 116-140; 38 U.S.C. 3680 note) and this section.
(b) Housing and Allowances.--In providing educational
assistance to an individual pursuant to subsection (a), the
Secretary may--
(1) continue to pay a monthly housing stipend under chapter
33 of title 38, United States Code, during a month the
individual would have been enrolled in a program of education
or training but for the COVID-19 emergency at the same rate
such stipend would have been payable if the individual had
not been negatively affected by the COVID-19 emergency,
except that the total number of weeks for which stipends may
continue to be so payable may not exceed four weeks; and
(2) continue to pay payments or subsistence allowances
under chapters 30, 31, 32, 33, and 35 of such title and
chapter 1606 of title 10, United States Code, during a month
for a period of time that the individual would have been
enrolled in a program of education or training but for the
COVID-19 emergency, except that the total number of weeks for
which payments or allowances may continue to be so payable
may not exceed four weeks.
(c) Determination of Negative Effects.--The Secretary shall
determine that an individual was negatively affected by the
COVID-19 emergency if--
(1) the individual is enrolled in a covered program of
education of an educational institution or enrolled in
training at a training establishment and is pursuing such
program or training using educational assistance under the
laws administered by the Secretary;
(2) the educational institution or training establishment
certifies to the Secretary that such program or training is
truncated, delayed, relocated, canceled, partially canceled,
converted from being on-site to being offered by distance
learning, or otherwise modified or made unavailable by reason
of the COVID-19 emergency; and
(3) the Secretary determines that the modification to such
program or training specified under paragraph (2) would
reduce the amount of educational assistance (including with
respect to monthly housing stipends, payments, or subsistence
allowances) that would be payable to the individual but for
the COVID-19 emergency.
(d) Effect on Entitlement Period.--If the Secretary
determines that an individual who received assistance under
this section did not make progress toward the completion of
the program of education in which the individual is enrolled
during the period for which the individual received such
assistance, any assistance provided pursuant to this section
shall not be counted for purposes of determining the total
amount of an individual's entitlement to educational
assistance, housing stipends, or payments or subsistence
allowances under chapters 30, 31, 32, and 35 of such title
and chapter 1606 of title 10, United States Code.
(e) Applicability Period.--This section shall apply during
the period beginning on March 1, 2020, and ending on December
21, 2021.
SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND
MODIFICATION OF COURSES BY REASON OF COVID-19
EMERGENCY.
(a) Closure or Disapproval.--Any payment of educational
assistance described in subsection (b) shall not--
(1) be charged against any entitlement to educational
assistance of the individual concerned; or
(2) be counted against the aggregate period for which
section 3695 of title 38, United States Code, limits the
receipt of educational assistance by such individual.
(b) Educational Assistance Described.--Subject to
subsection (d), the payment of educational assistance
described in this subsection is the payment of such
assistance to an individual for pursuit of a course or
program of education at an educational institution under
chapter 30, 31, 32, 33, or 35 of title 38, United States
Code, or chapter 1606 of title 10, United States Code, if the
Secretary determines that the individual--
(1) was unable to complete such course or program as a
result of--
(A) the closure of the educational institution, or the full
or partial cancellation of a course or program of education,
by reason of the COVID-19 emergency; or
(B) the disapproval of the course or a course that is a
necessary part of that program under chapter 36 of title 38,
United States Code, because the course was modified by reason
of such emergency; and
(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
(c) Housing Assistance.--In this section, educational
assistance includes, as applicable--
(1) monthly housing stipends payable under chapter 33 of
title 38, United States Code, for any month the individual
would have been enrolled in a course or program of education;
and
(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of such title and chapter 1606 of title 10,
United States Code, during a month the individual would have
been enrolled in a course or program of education.
(d) Period 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 title 38, United
States Code, shall not exceed the aggregate of--
(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2); and
(2) the period by which a monthly stipend is extended under
section 3680(a)(2)(B) of title 38, United States Code.
(e) Continuing Pursuit of Disapproved Courses.--
(1) In general.--The Secretary may treat a course of
education that is disapproved under chapter 36 of title 38,
United States Code, as being approved under such chapter with
respect to an individual described in paragraph (2) if the
Secretary determines, on a programmatic basis, that--
(A) such disapproval is the result of an action described
in subsection (b)(1)(B); and
(B) continuing pursuing such course is in the best interest
of the individual.
(2) Individual described.--An individual described in this
paragraph is an individual who is pursuing a course of
education at an educational institution under chapter 30, 31,
32, 33, or 35 of title 38, United States Code, or chapter
1606 of title 10, United States Code, as of the date on which
the course is disapproved as described in subsection
(b)(1)(B).
(f) Status as Full-Time Student for Purposes of Housing
Stipend Calculation.--In the case of an individual who, as of
the first day of the COVID-19 emergency was enrolled on a
full-time basis in a program of education and was receiving
educational assistance under chapter 33 of title 38, United
States Code, or subsistence allowance under chapter 31 of
such title, and for whom the Secretary makes a determination
under subsection (b), the individual shall be treated as
[[Page S7342]]
an individual enrolled in a program of education on a full-
time basis for the purpose of calculating monthly housing
stipends payable under chapter 33 of title 38, United States
Code, or subsistence allowance payable under chapter 31 of
such title, for any month the individual is enrolled in the
program of education on a part-time basis to complete any
course of education that was partially or fully canceled by
reason of the COVID-19 emergency.
(g) Notice of Closures.--Not later than 5 business days
after the date on which the Secretary receives notice that an
educational institution will close or is closed by reason of
the COVID-19 emergency, the Secretary shall provide to each
individual who is enrolled in a course or program of
education at such educational institution using entitlement
to educational assistance under chapter 30, 31, 32, 33, or 35
of title 38, United States Code, or chapter 1606 of title 10,
United States Code, notice of--
(1) such closure and the date of such closure; and
(2) the effect of such closure on the individual's
entitlement to educational assistance pursuant to this
section.
(h) Applicability.--This section shall apply with respect
to the closure of an educational institution, or the
cancellation or modification of a course or program of
education, that occurs during the period beginning on March
1, 2020, and ending on December 21, 2021.
SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF
WITHDRAWAL.
(a) In General.--In the case of any individual who
withdraws from a program of education or training, other than
a program by correspondence, in an educational institution
under chapter 31, 34, or 35 of title 38, United States Code,
for a covered reason during the period beginning on March 1,
2020, and ending on December 21, 2021, the Secretary of
Veterans Affairs shall find mitigating circumstances for
purposes of section 3680(a)(1)(C)(ii) of title 38, United
States Code.
(b) Covered Reason.--In this section, the term ``covered
reason'' means any reason related to the COVID-19 emergency,
including--
(1) illness, quarantine, or social distancing requirements;
(2) issues associated with COVID-19 testing accessibility;
(3) access or availability of childcare;
(4) providing care for a family member or cohabitants;
(5) change of location or residence due to COVID-19 or
associated school closures;
(6) employment changes or financial hardship; and
(7) issues associated with changes in format or medium of
instruction.
SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE OF
ENTITLEMENT.
(a) Montgomery GI Bill.--The subsection (i) temporarily
added to section 3031 of title 38, United States Code, by
subsection (a) of section 6 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is
amended--
(1) in paragraph (1), by striking ``the period the
individual is so prevented from pursuing such program'' and
inserting ``the period beginning on March 1, 2020, and ending
on December 21, 2021''; and
(2) in paragraph (2), by striking ``the first day after the
individual is able to resume pursuit of a program of
education with educational assistance under this chapter''
and inserting ``December 22, 2021''.
(b) Vocational Rehabilitation and Training.--The subsection
(g) temporarily added to section 3103 of title 38, United
States Code, by subsection (c) of such section 6 is amended--
(1) in paragraph (1), by striking ``the period the
individual is so prevented from participating such program''
and inserting ``the period beginning on March 1, 2020, and
ending on December 21, 2021''; and
(2) in paragraph (2), by striking ``the first day after the
individual is able to resume participation in such program''
and inserting ``December 22, 2021''.
SEC. 1106. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.
(a) In General.--During the period described in subsection
(b), subsection (e) of section 3687 of title 38, United
States Code, shall be applied by substituting the following
for paragraph (2):
``(2)(A) Subject to subparagraphs (B) and (C), for any
month in which an individual fails to complete 120 hours of
training, the entitlement otherwise chargeable under
paragraph (1) shall be reduced in the same proportion as the
monthly training assistance allowance payable is reduced
under subsection (b)(3).
``(B) In the case of an individual who is unemployed during
any month, the 120-hour requirement under subparagraph (A)
for that month shall be reduced proportionately to reflect
the individual's period of unemployment, except that the
amount of monthly training assistance otherwise payable to
the individual under subsection (b)(3) shall not be reduced.
``(C) Any period during which an individual is unemployed
shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(D) Any amount by which the entitlement of an individual
is reduced under subparagraph (A) shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(E) In the case of an individual who fails to complete
120 hours of training during a month, but who completed more
than 120 hours of training during the preceding month, the
individual may apply the number of hours in excess of 120
that the individual completed for that month to the month for
which the individual failed to complete 120 hours. If the
addition of such excess hours results in a total of 120 hours
or more, the individual shall be treated as an individual who
has completed 120 hours of training for that month. Any
excess hours applied to a different month under this
subparagraph may only be applied to one such month.
``(F) This paragraph applies to amounts described in
section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this
title and section 16131(d)(2) of title 10.
``(G) In this paragraph:
``(i) The term `unemployed' includes being furloughed or
being scheduled to work zero hours.
``(ii) The term `fails to complete 120 hours of training'
means, with respect to an individual, that during any month,
the individual completes at least one hour, but fewer than
120 hours, of training, including in a case in which the
individual is unemployed for part of, but not the whole,
month.''.
(b) Applicability Period.--The period described in this
section is the period beginning on March 1, 2020, and ending
on December 21, 2021.
SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN
PROVISIONS RELATED TO COVID-19 EMERGENCY.
(a) Continuation of Benefits.--Section 1 of Public Law 116-
128 is amended--
(1) in subsection (a), by inserting ``or a training
establishment'' after ``an educational institution''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Training establishment.--The term `training
establishment' has the meaning given such term in section
3452(e) of title 38, United States Code.''.
(b) Payment of Allowances.--Section 4(a)(1) of the Student
Veteran Coronavirus Response Act of 2020 (Public Law 116-140;
38 U.S.C. 3680 note) is amended by inserting ``or a training
establishment'' after ``educational institution''.
(c) Prohibition of Charge to Entitlement.--The subparagraph
(C) temporarily added to section 3699(b)(1) of title 38,
United States Code, by section 5 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140; 38
U.S.C. 3699 note) is amended by inserting ``or training
establishment'' after ``educational institution''.
(d) Extension of Time Limitations.--
(1) MGIB.--The subsection (i) temporarily added to section
3031 of title 38, United States Code, by subsection (a) of
section 6 of the Student Veteran Coronavirus Response Act of
2020 (Public Law 116-140), as amended by section 1105 of this
title, is further amended by inserting ``or training
establishment'' after ``educational institution''.
(2) Transfer period.--The subparagraph (C) temporarily
added to section 3319(h)(5) of such title by section 6 of the
Student Veteran Coronavirus Response Act of 2020 (Public Law
116-140) is amended by inserting ``or training
establishment'' after ``educational institution''.
SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STUDENT
VETERAN CORONAVIRUS RESPONSE ACT.
Section 4 of the Student Veteran Coronavirus Response Act
of 2020 (Public Law 116-140) is amended--
(1) in subsection (b)--
(A) by striking ``may not exceed four weeks.'' and
inserting ``may not exceed the shorter of the following:'';
and
(B) by adding at the end the following new paragraphs:
``(1) The period of time that the eligible veteran or
eligible person would have been enrolled in a program of
education or training but for the emergency situation.
``(2) Four weeks.''; and
(2) by adding at the end the following new subsection:
``(e) Entitlement Not Charged.--Any payment of allowances
under this section shall not--
``(1) be charged against any entitlement to educational
assistance of the eligible veteran or eligible person
concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title 38, United States Code, limits the
receipt of educational assistance by such eligible veteran or
eligible person.''.
TITLE II--BENEFITS
Subtitle A--Benefits Generally
SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR PURPOSES
OF THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
Section 101(29)(A) of title 38, United States Code, is
amended by striking ``February 28, 1961'' and inserting
``November 1, 1955''.
SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS
MEDICAL DISABILITY EXAMINATIONS.
(a) Temporary Clarification of Licensure Requirements for
Contractor Medical Professionals to Perform Medical
[[Page S7343]]
Disability Examinations for the Department of Veterans
Affairs Under Pilot Program for Use of Contract Physicians
for Disability Examinations.--
(1) In general.--Subsection (c) of section 504 of the
Veterans' Benefits Improvements Act of 1996 (Public Law 104-
275; 38 U.S.C. 5101 note) is amended to read as follows:
``(c) Licensure of Contract Health Care Professionals.--
``(1) In general.--Notwithstanding any law regarding the
licensure of health care professionals, a health care
professional described in paragraph (2) may conduct an
examination pursuant to a contract entered into under
subsection (a) at any location in any State, the District of
Columbia, or a Commonwealth, territory, or possession of the
United States, so long as the examination is within the scope
of the authorized duties under such contract.
``(2) Health care professional described.--A health care
professional described in this paragraph is a physician,
physician assistant, nurse practitioner, audiologist, or
psychologist, who--
``(A) has a current unrestricted license to practice the
health care profession of the physician, physician assistant,
nurse practitioner, audiologist, or psychologist, as the case
may be;
``(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
``(C) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (a).''.
(2) Purpose.--The purpose of the amendment made by
paragraph (1) is to expand the license portability for
physicians assistants, nurse practitioners, audiologists, and
psychologists to supplement the capacity of employees of the
Department to provide medical examinations described in
subsection (b).
(3) Rule of construction.--The amendment made by paragraph
(1) shall not be construed to affect the license portability
for physicians in effect under section 504(c) of such Act as
in effect on the day before the date of the enactment of this
Act.
(4) Sunset.--On the date that is three years after the date
of the enactment of this Act, subsection (c) of such section
shall read as it read on the day before the date of the
enactment of this Act.
(b) Temporary Halt on Elimination of Medical Examiner
Positions in Department of Veterans Affairs.--The Secretary
of Veterans Affairs shall temporarily suspend the efforts of
the Secretary in effect on the day before the date of the
enactment of this Act to eliminate medical examiner positions
in the Department of Veterans Affairs until the number of
individuals awaiting a medical examination with respect to
medical disability of the individuals for benefits under laws
administered by the Secretary that are carried out through
the Under Secretary for Benefits is equal to or less than the
number of such individuals who were awaiting such a medical
examination with respect to such purposes on March 1, 2020.
(c) Report on Provision of Medical Examinations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the provision
of medical examinations described in subsection (b) by the
Department.
(2) Contents.--The report submitted under paragraph (1)
shall cover the following:
(A) How the Secretary will increase the capacity,
efficiency, and timeliness of physician assistants, nurse
practitioners, audiologists, and psychologists of the
Veterans Health Administration with respect to completing
medical examinations described in subsection (b).
(B) The total number of full-time equivalent employees
among all physician assistants, nurse practitioners,
audiologists, and psychologists needed for the increases
described in subparagraph (A).
(C) An assessment regarding the importance of retaining a
critical knowledge base within the Department for performing
medical examinations for veterans filing claims for
compensation under chapters 11 and 13 of title 38, United
States Code, including with respect to military sexual
trauma, post-traumatic stress disorder, traumatic brain
injury, and toxic exposure.
(3) Collaboration.--The Secretary shall collaborate with
the veterans community and stakeholders in the preparation of
the report required by paragraph (1).
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(d) Comptroller General of the United States Review.--
(1) Review required.--Not later than 360 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall commence a review of the
implementation of the pilot program authorized under
subsection (a) of section 504 of the Veterans' Benefits
Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101
note).
(2) Elements.--The review conducted under paragraph (1)
shall include the following:
(A) An assessment of the use of subsection (c) of section
504 of such Act, as amended by subsection (a)(1) of this
section.
(B) Efforts to retain and recruit medical examiners as
employees of the Department.
(C) Use of telehealth for medical examinations described in
subsection (b) that are administered by the Department.
(e) Briefing on Recommendations of Comptroller General of
the United States.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall provide to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a briefing on how the Secretary will
implement the recommendations of the Comptroller General of
the United States regarding--
(1) the monitoring of the training of providers of
examinations pursuant to contracts under section 504 of the
Veterans' Benefits Improvements Act of 1996 (Public Law 104-
275; 38 U.S.C. 5101 note); and
(2) ensuring such providers receive such training.
(f) Holding Underperforming Contract Medical Examiners
Accountable.--The Secretary shall take such actions as may be
necessary to hold accountable the providers of medical
examinations pursuant to contracts under section 504 of the
Veterans' Benefits Improvements Act of 1996 (Public Law 104-
275; 38 U.S.C. 5101 note) who are underperforming in the
meeting of the needs of veterans through the performance of
medical examinations pursuant to such contracts.
SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SURVIVING
SPOUSES.
(a) Codification of Current Rate of Special Pension.--
Subsection (a) of section 1562 of title 38, United States
Code, is amended by striking ``$1,000'' and inserting
``$1,388.68''.
(b) Special Pension for Surviving Spouses.--
(1) Surviving spouse benefit.--Such subsection is further
amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2)(A) Except as provided in subparagraphs (B) and (C),
the Secretary shall pay special pension under this section to
the surviving spouse of a person whose name has been entered
on the Army, Navy, Air Force, and Coast Guard Medal of Honor
Roll and a copy of whose certificate has been delivered to
the Secretary under section 1134a(d) of title 10.
``(B) No special pension shall be paid to a surviving
spouse of a person under this section unless such surviving
spouse was married to such person--
``(i) for one year or more prior to the veteran's death; or
``(ii) for any period of time if a child was born of the
marriage, or was born to them before the marriage.
``(C) No special pension shall be paid to a surviving
spouse of a person under this section if such surviving
spouse is receiving benefits under section 1311 or 1318 of
this title.''.
(2) Conforming amendments.--
(A) In general.--Such section is amended--
(i) in subsection (d), by inserting ``or married to more
than one person who has been awarded a medal of honor,''
after ``honor,''; and
(ii) in subsection (f)(1), by striking ``this section'' and
inserting ``paragraph (1) of subsection (a), or under
paragraph (2) of such subsection in the case of a posthumous
entry on the Army, Navy, Air Force, and Coast Guard Medal of
Honor Roll,''.
(B) Special provisions relating to marriages.--Section
103(d)(5) of such title is amended by adding at the end the
following new subparagraph:
``(E) Section 1562(a)(2), relating to Medal of Honor
special pension.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to payment of pension under section
1562 of title 38, United States Code, for months beginning
after the date of the enactment of this Act.
SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS
INSURANCE.
(a) Establishment of Modernized Program.--
(1) In general.--Chapter 19 of title 38, United States
Code, is amended by inserting after section 1922A the
following new section:
``Sec. 1922B. Service-disabled veterans insurance
``(a) Insurance.--(1) Beginning January 1, 2023, the
Secretary shall carry out a service-disabled veterans
insurance program under which a veteran is granted insurance
by the United States against the death of such individual
occurring while such insurance is in force.
``(2) The Secretary may only issue whole-life policies
under the insurance program under paragraph (1).
``(3) The Secretary may not grant insurance to a veteran
under paragraph (1) unless--
``(A) the veteran submits the application for such
insurance before the veteran attains 81 years of age; or
``(B) with respect to a veteran who has attained 81 years
of age--
``(i) the veteran filed a claim for compensation under
chapter 11 of this title before attaining such age;
``(ii) based on such claim, and after the veteran attained
such age, the Secretary
[[Page S7344]]
first determines that the veteran has a service-connected
disability; and
``(iii) the veteran submits the application for such
insurance during the two-year period following the date of
such determination.
``(4)(A) A veteran enrolled in the insurance program under
paragraph (1) may elect to be insured in any of the following
amounts:
``(i) $10,000.
``(ii) $20,000.
``(iii) $30,000.
``(iv) $40,000.
``(v) In accordance with subparagraph (B), a maximum amount
greater than $40,000.
``(B) The Secretary may establish a maximum amount to be
insured under paragraph (1) that is greater than $40,000 if
the Secretary--
``(i) determines that such maximum amount and the premiums
for such amount--
``(I) are administratively and actuarially sound for the
insurance program under paragraph (1); and
``(II) will not result in such program operating at a loss;
and
``(ii) publishes in the Federal Register, and submits to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives, such maximum amount and determination.
``(5)(A)(i) Insurance granted under this section shall be
on a nonparticipating basis and all premiums and other
collections therefor shall be credited directly to a
revolving fund in the Treasury of the United States.
``(ii) Any payments on such insurance shall be made
directly from such fund.
``(B)(i) The Secretary of the Treasury may invest in and
sell and retire special interest-bearing obligations of the
United States for the account of the revolving fund under
subparagraph (A).
``(ii) Such obligations issued for that purpose shall--
``(I) have maturities fixed with due regard for the needs
of the fund; and
``(II) bear interest at a rate equal to the average market
yield (computed by the Secretary of the Treasury on the basis
of market quotations as of the end of the calendar month
preceding the date of issue) on all marketable interest-
bearing obligations of the United States then forming a part
of the public debt which are not due or callable until after
the expiration of four years from the end of such calendar
month; except that where such average market yield is not a
multiple of one-eighth of one per centum, the rate of
interest of such obligation shall be the multiple of one-
eighth of one per centum nearest such market yield.
``(6)(A) Administrative support financed by the
appropriations for `General Operating Expenses, Department of
Veterans Affairs' and `Information Technology Systems,
Department of Veterans Affairs' for the insurance program
under paragraph (1) shall be paid from premiums credited to
the fund under paragraph (5).
``(B) Such payment for administrative support shall be
reimbursed for that fiscal year from funds that are available
on such insurance after claims have been paid.
``(b) Eligibility.--A veteran is eligible to enroll in the
insurance program under subsection (a)(1) if the veteran has
a service-connected disability, without regard to--
``(1) whether such disability is compensable under chapter
11 of this title; or
``(2) whether the veteran meets standards of good health
required for other life insurance policies.
``(c) Enrollment and Waiting Period.--(1) An eligible
veteran may enroll in the insurance program under subsection
(a)(1) at any time.
``(2) The life insurance policy of a veteran who enrolls in
the insurance program under subsection (a)(1) does not go
into force unless--
``(A) a period of two years elapses following the date of
such enrollment; and
``(B) the veteran pays the premiums required during such
two-year period.
``(3)(A) If a veteran dies during the two-year period
described in paragraph (2), the Secretary shall pay to the
beneficiary of the veteran the amount of premiums paid by the
veteran under this section, plus interest.
``(B) The Secretary--
``(i) for the initial year of the insurance program under
subsection (a)(1)--
``(I) shall set such interest at a rate of one percent; and
``(II) may adjust such rate during such year based on
program experience, except that the interest rate may not be
less than zero percent;
``(ii) for the second and each subsequent year of the
program, shall calculate such interest at an annual rate
equal to the rate of return on the revolving fund under
subsection (a)(5) for the calendar year preceding the year of
the veteran's death, except that the interest rate may not be
less than zero percent; and
``(iii) on an annual basis, shall publish on the internet
website of the Department the average interest rate
calculated under clause (ii) for the preceding calendar year.
``(d) Premiums.--(1) The Secretary shall establish a
schedule of basic premium rates by age per $10,000 of
insurance under subsection (a)(1) consistent with basic
premium rates generally charged for guaranteed acceptance
life insurance policies by private life insurance companies.
``(2) The Secretary may adjust such schedule after the
first policy year in a manner consistent with the general
practice of guaranteed acceptance life insurance policies
issued by private life insurance companies.
``(3) Section 1912 of this title shall not apply to life
insurance policies under subsection (a)(1), and the Secretary
may not otherwise waive premiums for such insurance policies.
``(e) Beneficiaries.--(1) A veteran who enrolls in the
insurance program under subsection (a)(1) may designate a
beneficiary of the life insurance policy.
``(2) If a veteran enrolled in the insurance program under
subsection (a)(1) does not designate a beneficiary under
paragraph (1) before the veteran dies, or if a designated
beneficiary predeceases the veteran, the Secretary shall
determine the beneficiary in the following order:
``(A) The surviving spouse of the veteran.
``(B) The children of the veteran and descendants of
deceased children by representation.
``(C) The parents of the veteran or the survivors of the
parents.
``(D) The duly appointed executor or administrator of the
estate of the veteran.
``(E) Other next of kin of the veteran entitled under the
laws of domicile of the veteran at the time of the death of
the veteran.
``(f) Claims.--(1) If the deceased veteran designated a
beneficiary under subsection (e)(1)--
``(A) the designated beneficiary is the only person who may
file a claim for payment under subsection (g) during the one-
year period beginning on the date of the death of the
veteran; and
``(B) if the designated beneficiary does not file a claim
for the payment during the period described in paragraph (1),
or if payment to the designated beneficiary within that
period is prohibited by Federal statute or regulation, a
beneficiary described in subsection (e)(2) may file a claim
for such payment during the one-year period following the
period described in subparagraph (A) as if the designated
beneficiary had predeceased the veteran.
``(2) If the deceased veteran did not designate a
beneficiary under subsection (e)(1), or if the designated
beneficiary predeceased the veteran, a beneficiary described
in subsection (e)(2) may file a claim for payment under
subsection (g) during the two-year period beginning on the
date of the death of the veteran.
``(3) If, on the date that is two years after the date of
the death of the veteran, no claim for payment has been filed
by any beneficiary pursuant to paragraph (1) or (2), and the
Secretary has not received notice that any such claim will be
so filed during the subsequent one-year period, the Secretary
may make the payment to a claimant whom the Secretary
determines to be equitably entitled to such payment.
``(g) Payments.--(1) In a case described in subsection
(f)--
``(A) in paragraph (1)(A), the Secretary shall pay the
designated beneficiary not later than 90 days after the
designated beneficiary files a complete and valid claim for
payment;
``(B) in paragraph (1)(B) or (2), the Secretary shall make
any payment not later than one year after the end of the
period described in the applicable such paragraph, if the
Secretary receives a complete and valid claim for payment in
accordance with the applicable such paragraph; or
``(C) in paragraph (3), the Secretary shall make any
payment not later than one year after the end of the period
described in such paragraph, if the Secretary receives a
complete and valid claim for payment.
``(2) In a case where the Secretary has not made an
insurance payment under this section during the applicable
period specified in paragraph (1) by reason of a beneficiary
not yet having filed a claim, or the Secretary not yet making
a determination under subsection (f)(3), the Secretary may
make the payment after such applicable period.
``(3) Notwithstanding section 1917 of this title, the
Secretary shall make an insurance payment under this section
in a lump sum.
``(4) The Secretary may not make an insurance payment under
this section if such payment will escheat to a State.
``(5) Any payment under this subsection shall be a bar to
recovery by any other person.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1922A the following new item:
``1922B. Service-disabled veterans insurance.''.
(b) Sunset of Previous Program and Transition.--
(1) S-DVI.--Section 1922 of such title is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary may not accept any application by a
veteran to be insured under this section after December 31,
2022.
``(2)(A) During the period beginning January 1, 2023, and
ending December 31, 2025, a veteran who is insured under this
section may elect to instead be insured under section 1922B
of this title based on the age of the veteran at the time of
such election.
``(B)(i) A veteran who elects under subparagraph (A) to be
insured under section 1922B of this title shall be subject to
the two-year waiting period specified in subsection (c) of
such section.
``(ii) If the veteran dies during such period, the
Secretary shall pay the beneficiary under this section, and,
if applicable, under section 1922A, plus the amount of
premiums
[[Page S7345]]
paid by the veteran under such section 1922B, plus interest.
``(3) Except as provided by paragraph (2)(B), a veteran may
not be insured under this section and section 1922B
simultaneously.''.
(2) Supplemental s-dvi.--Section 1922A(b) of such title is
amended by adding after the period at the end the following:
``The Secretary may not accept any such application after
December 31, 2022. Except as provided by section
1922(d)(2)(B), a veteran may not have supplemental insurance
under this section and be insured under section 1922B
simultaneously.''.
(c) Conforming Amendments.--Chapter 19 of such title is
amended--
(1) in the section heading of section 1922, by striking
``Service'' and inserting ``Legacy service'';
(2) in the section heading of section 1922A, by striking
``Supplemental'' and inserting ``Legacy supplemental''; and
(3) in the table of sections at the beginning of such
chapter by striking the items relating to sections 1922 and
1922A and inserting the following new items:
``1922. Legacy service disabled veterans' insurance.
``1922A. Legacy supplemental service disabled veterans' insurance for
totally disabled veterans.''.
SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION
UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1980A of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(l)(1) If a claim for benefits under this section is
denied, the Secretary concerned shall provide to the member
at the same time as the member is informed of such denial a
description of the following:
``(A) Each reason for that denial, including a description
of all the information upon which the denial is based and a
description of the applicable laws, regulations, or policies,
with appropriate citations, and an explanation of how such
laws, regulations, or policies affected the denial.
``(B) Each finding that is favorable to the member.
``(2) Any finding favorable to the member as described in
paragraph (1)(B) shall be binding on all subsequent reviews
or appeals of the denial of the claim, unless clear and
convincing evidence is shown to the contrary to rebut such
favorable finding.''.
SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT
QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 5101 of title 38, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) The Secretary shall publish in a central location
on the internet website of the Department--
``(A) the disability benefit questionnaire forms of the
Department for the submittal of evidence from non-Department
medical providers regarding a disability of a claimant,
including any form or process that replaces any such
disability benefit questionnaire form; and
``(B) details about the process used by the Department for
submittal of evidence described in subparagraph (A).
``(2) Subject to section 6103 of this title, if the
Secretary updates a form described in paragraph (1)(A), the
Secretary shall--
``(A) accept the previous version of the form filed by a
claimant if--
``(i) the claimant provided to the non-Department medical
provider the previous version of the form before the date on
which the updated version of the form was made available; and
``(ii) the claimant files the previous version of the form
during the one-year period following the date the form was
completed by the non-Department medical provider;
``(B) request from the claimant (or from a non-Department
medical provider if the claimant has authorized the provider
to share health information with the Secretary) any other
information that the updated version of the form requires;
and
``(C) apply the laws and regulations required to adjudicate
the claim as if the claimant filed the updated version of the
form.
``(3) The Secretary may waive any interagency approval
process required to approve a modification to a disability
benefit questionnaire form if such requirement only applies
by reason of the forms being made public.''.
(b) Reports by Inspector General of the Department of
Veterans Affairs.--Not less frequently than once each year
through 2023, the Inspector General of the Department of
Veterans Affairs shall submit to Congress a report on the
findings of the Inspector General with respect to the use of
the forms published under section 5101(d)(1) of such title,
as added by subsection (a).
(c) Initial Form.--The Secretary of Veterans Affairs shall
begin carrying out section 5101(d)(1) of such title, as added
by subsection (a), by publishing, as described in such
section, the form described in such section that was in
effect on January 1, 2020.
(d) Alternate Process.--
(1) Assessment and report.--
(A) In general.--Subject to paragraph (2), not later than
180 days after the date of the enactment of this act, the
Secretary shall--
(i) assess the feasibility and advisability of replacing
disability benefit questionnaire forms that are used by non-
Department medical providers to submit to the Secretary
evidence regarding a disability of a claimant for benefits
under laws administered by the Secretary, with another
consistent process that considers evidence equally, whether
provided by a Department or a non-Department medical
provider; and
(ii) submit to Congress--
(I) a report on the findings of the Secretary with respect
to the assessment conducted under clause (i); and
(II) if the report submitted under subclause (I) of this
clause includes a finding that replacing the disability
benefit questionnaire forms described in clause (i) as
described in such clause is feasible and advisable, a plan to
replace such forms as described in such clause.
(B) Collaboration required.--If, in carrying out the
assessment required by clause (i) of subparagraph (A), the
Secretary determines that replacing the disability benefit
questionnaire forms described in such clause as described in
such clause is feasible and advisable, the Secretary shall
collaborate with, partner with, and consider the advice of
veterans service organizations, and such other stakeholders
as the Secretary considers appropriate, on the replacement
forms and process for submitting such forms.
(2) Requirements.--The Secretary may only determine under
paragraph (1)(A) that replacing the forms described in such
paragraph is feasible and advisable if the Secretary
certifies that--
(A) it is in the best interest of veterans to do so;
(B) the replacement process would include all the medical
information needed to adjudicate a claim for benefits under
laws administered by the Secretary; and
(C) the new process will ensure that all medical
information provided will be considered equally, whether it
is provided by a Department medical provider or a non-
Department medical provider.
(3) Implementation.--
(A) In general.--Subject to subparagraph (B), if the
Secretary determines under paragraph (1)(A) that replacing
the forms as described in such paragraph is feasible and
advisable, the Secretary shall, not later than two years
after the date on which the Secretary submits the report
under paragraph (1)(B)(i)--
(i) replace the forms as described in paragraph (1)(A);
(ii) publish such replacement pursuant to subparagraph (A)
of section 5101(d)(1), as added by subsection (a)(2); and
(iii) update the details under subparagraph (B) of such
section.
(B) Reports by inspector general of the department of
veterans affairs.--If the Secretary replaces the forms under
subparagraph (A), the Inspector General of the Department of
Veterans Affairs shall, not later than one year after the
date that the Secretary replaces such forms and not less
frequently than once each year thereafter until the date that
is three years after the date on which the Secretary replaces
such forms, submit to Congress a report on the process that
replaced such forms that ascertains whether the process
properly protects veterans.
(4) Limitation.--The Secretary may not discontinue the use
of the disability benefit questionnaire forms described in
paragraph (1)(A) until a replacement form or process is
implemented.
(e) Rule of Construction.--Nothing in this section or
section 5101(d) of such title, as added by subsection (a),
may be construed to require the Secretary to develop any new
information technology system or otherwise require the
Secretary to make any significant changes to the internet
website of the Department.
SEC. 2007. THRESHOLD FOR REPORTING DEBTS TO CONSUMER
REPORTING AGENCIES.
(a) In General.--Chapter 53 of title 38, United States
Code, is amended by adding after section 5319 the following
new section:
``Sec. 5320. Threshold for reporting debts to consumer
reporting agencies
``The Secretary shall prescribe regulations that establish
the minimum amount of a claim or debt, arising from a benefit
administered by the Under Secretary for Benefits or Under
Secretary for Health, that the Secretary will report to a
consumer reporting agency under section 3711 of title 31.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 5319 the following new item:
``5320.Threshold for reporting debts to consumer reporting agencies.''.
(c) Deadline.--The Secretary of Veterans Affairs shall
prescribe regulations under section 5320 of such title, as
added by subsection (a), not later than 180 days after the
date of the enactment of this Act.
SEC. 2008. REMOVAL OF DEPENDENTS FROM AWARD OF COMPENSATION
OR PENSION.
Beginning not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall ensure that--
(1) the recipient of an award of compensation or pension
may remove any dependent from an award of compensation or
pension to the individual using the eBenefits system of the
Department of Veterans Affairs, or a successor system; and
[[Page S7346]]
(2) such removal takes effect not later than 60 days after
the date on which the recipient elects such removal.
SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY
COMPENSATION FOR SURVIVING SPOUSES WHO REMARRY
AFTER AGE 55.
Section 103(d)(2)(B) of title 38, United States Code, is
amended in the second sentence by inserting ``chapter 13 or''
after ``benefits under''.
SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES
TO TOXICANTS AT KARSHI-KHANABAD AIR BASE IN
UZBEKISTAN.
(a) Agreement and Study.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into an agreement with the Administrator
of the Agency for Toxic Substances and Disease Registry for
the Administrator to complete, not later than 10 years after
the date of the enactment of this Act, a study to identify--
(1) incidents of cancer and other diseases or illnesses
experienced by individuals who served in the active military,
naval, or air service (as defined in section 101 of title 38,
United States Code) in the covered location set forth under
subsection (b) during the corresponding period set forth
under such subsection; and
(2) a list of toxic substances, chemicals, ionizing
radiation, and airborne hazards such individuals may have
been exposed to during such service.
(b) Covered Location and Corresponding Period.--The covered
location and corresponding period set forth under this
subsection are Karshi-Khanabad (K2) Air Base in Uzbekistan
and the period beginning on October 1, 2001, and ending on
September 30, 2005.
(c) Elements.--The study conducted under subsection (a)
shall include the following:
(1) An assessment regarding the conditions of the covered
location set forth under subsection (b), including an
identification of toxic substances, chemicals, ionizing
radiation, and airborne hazards contaminating such covered
location during such corresponding period.
(2) An epidemiological study of the health consequences of
the service described in subsection (a) to the individuals
described in such subsection.
(d) Support for Study.--
(1) In general.--The Secretary shall provide the
Administrator with assistance in carrying out the study
required by subsection (a), including by gathering such
information as the Administrator may consider useful in
carrying out the study.
(2) Obtaining information concerning exposure.--Assistance
under paragraph (1) provided by the Secretary of Veterans
Affairs shall include compiling information on exposure
described in subsection (a)(2) and the Secretary of Defense
shall provide to the Secretary of Veterans Affairs such
information concerning such exposure as the Secretary of
Veterans Affairs considers appropriate for purposes of the
study required by subsection (a), including environmental
sampling data relative to any location covered by the study.
(e) Biennial Updates.--No later than the date that is two
years after the date of the enactment of this Act and not
less frequently than once every two years thereafter until
the date on which the study required by subsection (a) is
completed, the Administrator shall submit to the appropriate
committees of Congress updates on the status of the matters
covered by such study, including any preliminary findings of
the Administrator.
(f) Final Report.--Not later than 60 days after the date on
which the study required by subsection (a) is completed, the
Administrator shall submit to the appropriate committees of
Congress a report on the findings of the Administrator with
respect to such study.
(g) Inclusion of Uzbekistan in Certain Registries and
Programs.--Section 201(c)(2) of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law
112-260; 38 U.S.C. 527 note) is amended, in the matter
preceding subparagraph (A), by striking ``Afghanistan or
Iraq'' and inserting ``Afghanistan, Iraq, or Uzbekistan''.
(h) Depleted Uranium Follow-up Programs.--The Secretary of
Veterans Affairs shall ensure that any individual who
deployed as a member of the Armed Forces to the covered
location set forth in subsection (b) during the corresponding
period set forth in such subsection is covered by the
Depleted Uranium Follow-up Programs of the Department of
Veterans Affairs.
(i) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the Committee on
Armed Services of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 2011. COMPTROLLER GENERAL BRIEFING AND REPORT ON
REPEALING MANIFESTATION PERIOD FOR PRESUMPTIONS
OF SERVICE CONNECTION FOR CERTAIN DISEASES
ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE
AGENTS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall provide to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a briefing on preliminary
observations of the Comptroller General, and not later than
240 days after the date of such briefing, provide such
committees a briefing and submit to such committees a final
report, on the efforts of the Secretary of Veterans Affairs
to provide benefits, including compensation and health care,
to veterans--
(1) who during active military, naval, or air service,
served in the Republic of Vietnam during the period beginning
on January 9, 1962, and ending on May 7, 1975; and
(2) in whom chloracne, porphyria cutanea tarda, or acute or
subacute peripheral neuropathy have manifested.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of how the Secretary establishes a
service connection for a diseases described in paragraph (2)
of subsection (a) manifesting in veterans, including the
number of veterans described in paragraph (1) of such
subsection who have filed a claim for a benefit associated
with a disease described in paragraph (2) of such subsection.
(2) A description of how claims adjudicators of the
Department of Veterans Affairs determine service connection
for a disease described in subparagraph (C) or (E) of section
1116(a)(2) of title 38, United States Code, when
documentation proving the presence of the disease during the
manifestation period set forth in such subparagraphs for the
disease is not available.
(3) A description of the expected effect of repealing the
manifestation period from such subparagraphs, including the
expected effect on the number of claims for benefits the
Department will receive, an estimate of the cost to the
Department of such repeal, and a review of the scientific
evidence regarding such repeal.
(4) A review of all claims submitted to the Secretary for
compensation under chapter 11 of such title that are
associated with a disease described in subsection (a)(2),
including the type of proof presented to establish a service
connection for the manifestation of the disease based on
exposure to a herbicide agent.
(5) Recommendations on how the Department can better
adjudicate claims for benefits, including compensation,
submitted to the Department that are associated with a
disease described in paragraph (2) of subsection (a) for
veterans described in paragraph (1) of such subsection.
(6) An assessment of such other areas as the Comptroller
General considers appropriate to study.
(c) Administrative Action.--Not later than 120 days after
the date on which the Comptroller General of the United
States submits the report required under subsection (a), the
Secretary shall commence carrying out the recommendations
submitted under subsection (b)(5) to the degree that the
Secretary is authorized to carry out the recommendations by a
statute that was in effect on the day before the date of the
enactment of this Act.
(d) Herbicide Agent Defined.--In this section, the term
``herbicide agent'' has the meaning given such term in
section 1116(a)(3) of title 38, United States Code.
SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS
AFFAIRS TO USE INCOME INFORMATION FROM OTHER
AGENCIES.
Section 5317(g) of title 38, United States Code, is amended
by striking ``September 30, 2027'' and inserting ``September
30, 2030''.
SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF
PENSION.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``September 30, 2028'' and inserting
``October 30, 2028''.
Subtitle B--Housing
SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES FOR HOME LOANS
FROM THE SECRETARY OF VETERANS AFFAIRS.
(a) Expansion of Definition of Veteran for Purposes of Home
Loans.--Section 3701(b) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(7) The term `veteran' also includes, for purposes of
home loans, an individual who performed full-time National
Guard duty (as that term is defined in section 101 of title
10) for a period--
``(A) of not less than 90 cumulative days; and
``(B) that includes 30 consecutive days.''.
(b) Expansion of Eligibility.--Section 3702(a)(2) of such
title is amended by adding at the end the following new
subparagraph:
``(G) Each individual described in section 3701(b)(7) of
this title.''.
(c) Retroactive Applicability.--The amendments made by this
section shall apply with respect to full-time National Guard
duty (as defined in section 101 of title 10, United States
Code) performed before, on, or after the date of the
enactment of this Act.
SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED
BY MAJOR DISASTERS.
Section 3729(b)(4) of title 38, United States Code, is
amended--
(1) by amending subparagraph (D) to read as follows:
``(D)(i) The term `initial loan' means a loan to a veteran
guaranteed under section 3710 or made under section 3711 of
this title if the veteran has never obtained a loan
guaranteed under section 3710 or made under section 3711 of
this title.
[[Page S7347]]
``(ii) If a veteran has obtained a loan guaranteed under
section 3710 or made under section 3711 of this title and the
dwelling securing such loan was substantially damaged or
destroyed by a major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), the Secretary
shall treat as an initial loan, as defined in clause (i), the
next loan the Secretary guarantees or makes to such veteran
under section 3710 or 3711, respectively, if--
``(I) such loan is guaranteed or made before the date that
is three years after the date on which the dwelling was
substantially damaged or destroyed; and
``(II) such loan is only for repairs or construction of the
dwelling, as determined by the Secretary.''; and
(2) in subparagraph (E), by striking ``if the veteran has
previously obtained a loan guaranteed under section 3710 or
made under section 3711 of this title'' and inserting ``that
is not an initial loan''.
SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES.
Section 3729(b)(2) of title 38, United States Code, is
amended by striking ``October 1, 2029'' each place it appears
and inserting ``October 1, 2030''.
SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED
HOUSING ASSISTANCE.
Section 2102 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1) Whenever the Secretary finds that an overpayment
has been made to, or on behalf of, a person described in
paragraph (2), the Secretary shall determine--
``(A) the amounts to recover, if any; and
``(B) who is liable to the United States for such
overpayment.
``(2) A person described in this paragraph is any of the
following:
``(A) An individual who applied for assistance--
``(i) under this chapter; or
``(ii) under chapter 31 of this title who is pursuing a
rehabilitation program under such chapter in acquiring
adaptations to a residence.
``(B) An owner or seller of real estate used, or intended
to be used, in connection with assistance under this chapter.
``(C) A builder, contractor, supplier, tradesperson,
corporation, trust, partnership, or other person, who
provided services or goods relating to assistance under this
chapter.
``(D) An attorney, escrow agent, or financial institution,
that receives, or holds in escrow, funds relating to
assistance under this chapter.
``(E) A surviving spouse, heir, assignee, or successor in
interest of or to, any person described in this paragraph.
``(3)(A) Any overpayment referred to in this subsection may
be recovered in the same manner as any other debt due the
United States.
``(B) In recovering the overpayment, the Secretary may
charge administrative costs, fees, and interest, as
appropriate, in a manner similar to the authority under
section 5315 of this title.
``(4)(A) The recovery of any overpayment referred to in
this subsection may be waived by the Secretary.
``(B) Waiver of any such overpayment as to a person
described in paragraph (2) shall in no way release any other
person described in such paragraph from liability.
``(5) The Secretary shall waive recovery under this
subsection of any overpayment to a person described in
paragraph (2)(A), or a dependent or survivor of such person,
that arises from administrative error described in paragraph
(7)(A).
``(6) Nothing in this subsection shall be construed as
precluding the imposition of any civil or criminal liability
under this title or any other law.
``(7) The Secretary shall prescribe in regulations what
constitutes an overpayment for the purposes of this
subsection, which, at a minimum, shall include--
``(A) administrative error that results in an individual
receiving assistance to which that individual is not
entitled;
``(B) the failure of any person described in paragraph (2)
to--
``(i) perform or allow to be performed any act relating to
assistance under this chapter; or
``(ii) compensate any party performing services or
supplying goods relating to assistance under this chapter;
and
``(C) any disbursement of funds relating to assistance
under this chapter, that, in the sole discretion of the
Secretary, constitutes a misuse of such assistance.
``(8) Prior to collecting an overpayment under this
subsection, the Secretary shall provide to the person whom
the Secretary has determined liable for such overpayment--
``(A) notice of the finding by the Secretary of such
overpayment;
``(B) a reasonable opportunity for such person to remedy
the circumstances that effectuated the overpayment; and
``(C) a reasonable opportunity for such person to present
evidence to the Secretary that an overpayment was not made.
``(9) For the purposes of section 511 of this title, a
decision to collect an overpayment from a person other than a
person described in paragraph (2)(A), or a dependent or
survivor of such person, may not be treated as a decision
that affects the provision of benefits.''.
Subtitle C--Burial Matters
SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO VETERANS'
CEMETERIES.
(a) In General.--Subsection (a) of section 2308 of title
38, United States Code, is amended by striking ``in a
national cemetery'' and inserting ``in a national cemetery or
a covered veterans' cemetery''.
(b) Covered Veterans' Cemetery Defined.--Section 2308 of
such title is amended by adding at the end the following new
subsection:
``(c) Covered Veterans' Cemetery Defined.--In this section,
the term `covered veterans' cemetery' means a veterans'
cemetery--
``(1) in which a deceased veteran described in subsection
(b) is eligible to be buried;
``(2) that--
``(A) is owned by a State; or
``(B) is on trust land owned by, or held in trust for, a
tribal organization; and
``(3) for which the Secretary has made a grant under
section 2408 of this title.''.
(c) Conforming Amendment.--Section 2308 of such title is
amended in the section heading by adding at the end the
following: ``or a covered veterans' cemetery''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 2308 and inserting the following
new item:
``2308. Transportation of deceased veteran to a national cemetery or a
covered veterans' cemetery.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is two years after the
date of the enactment of this Act.
SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) Funeral Expenses for Non-service-connected
Disabilities.--Chapter 23 of title 38, United States Code, is
amended as follows:
(1) By transferring subsection (b) of section 2302 to the
end of section 2303 and redesignating such subsection as
subsection (d).
(2) By striking section 2302.
(3) In section 2303--
(A) in the section heading, by striking ``Death in
Department facility'' and inserting ``Death from non-service-
connected disability''; and
(B) in subsection (a)--
(i) in paragraph (1), by striking ``a veteran dies in a
facility described in paragraph (2)'' and inserting ``a
veteran described in paragraph (2) dies'';
(ii) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) A veteran described in this paragraph is a deceased
veteran who is not covered by section 2307 of this title and
who meets any of the following criteria:
``(A) The deceased veteran dies in--
``(i) a facility of the Department (as defined in section
1701(3) of this title) to which the deceased veteran was
properly admitted for hospital, nursing home, or domiciliary
care under section 1710 or 1711(a) of this title; or
``(ii) an institution at which the deceased veteran was, at
the time of death, receiving--
``(I) hospital care in accordance with sections 1703A,
8111, and 8153 of this title;
``(II) nursing home care under section 1720 of this title;
or
``(III) nursing home care for which payments are made under
section 1741 of this title.
``(B) At the time of death, the deceased veteran (including
a person who died during a period deemed to be active
military, naval, or air service under section 106(c) of this
title) is in receipt of compensation under chapter 11 of this
title (or but for the receipt of retirement pay would have
been entitled to such compensation) or was in receipt of
pension under chapter 15 of this title.
``(C) The Secretary determines--
``(i) the deceased veteran (including a person who died
during a period deemed to be active military, naval, or air
service under section 106(c) of this title) has no next of
kin or other person claiming the body of the deceased
veteran; and
``(ii) that there are not available sufficient resources to
cover burial and funeral expenses.'';
(iii) in subsection (b)--
(I) in the matter preceding paragraph (1), by striking
``section 2302 of this title and''; and
(II) in paragraph (2), by striking ``under section 2302 of
this title or''; and
(iv) in subsection (d), as added by paragraph (1) of this
subsection, by striking ``Except as'' and inserting ``With
respect to a deceased veteran described in subparagraph (B)
or (C) of subsection (a)(2), except as''.
(b) Conforming Amendments.--
(1) Title 38.--Such title is amended as follows:
(A) In section 2304, by striking ``Applications for
payments under section 2302 of this title'' and inserting
``Applications for payments under section 2303 of this title
regarding veterans described in subparagraph (B) or (C) of
subsection (a)(2) of such section''.
(B) In section 2307, by striking ``sections 2302 and
2303(a)(1) and (b)(2) of this title'' and inserting
``subsections (a)(1) and (b)(2) of section 2303 of this
title''.
(C) In section 2308--
(i) in subsection (a), by striking ``pursuant to section
2302 or 2307 of this title,'' and inserting ``pursuant to
section 2303 of this title regarding veterans described in
subparagraph (B) or (C) of subsection (a)(2) of such
[[Page S7348]]
section, or pursuant to section 2307 of this title,''; and
(ii) in subsection (b)(3)--
(I) by striking ``section 2302'' and inserting ``section
2303''; and
(II) by striking ``subsection (a)(2)(A)'' and inserting
``subsection (a)(2)(C)''.
(D) In section 113(c)(1), by striking ``2302,''.
(E) In section 5101(a)(1)(B)(i), by striking ``2302'' and
inserting ``2303''.
(2) Emergency medical care.--Section 11 of the Military
Selective Service Act (50 U.S.C. 3810) is amended by striking
``section 2302(a) of title 38'' and inserting ``section 2303
of title 38, United States Code, regarding veterans described
in subparagraph (B) or (C) of subsection (a)(2) of such
section''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the items relating to sections 2302 and 2303 and inserting
the following new item:
``2303. Death from non-service-connected disability; plot allowance.''.
(d) Effective Date.--The amendments made by this section
shall apply to deaths that occur on or after the date that is
two years after the date of the enactment of this Act.
SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN
CEMETERIES THAT ARE THE SUBJECTS OF CERTAIN
GRANTS MADE BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--Section 2306(e) of title 38, United States
Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``shall'' and inserting ``may''; and
(ii) by inserting ``, or in a cemetery that is the subject
of a grant to a State or a tribal organization under section
2408 of this title,'' after ``National Cemetery
Administration''; and
(B) in subparagraph (C), by striking ``shall'' and
inserting ``may''; and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2)(A) The use of outer burial receptacles in a cemetery
under the control of the National Cemetery Administration or
in a cemetery that is the subject of a grant to a State or a
tribal organization under section 2408 of this title shall be
in accordance with regulations or procedures approved by the
Secretary of Veterans Affairs.
``(B) The use of outer burial receptacles in Arlington
National Cemetery shall be in accordance with regulations or
procedures approved by the Secretary of the Army.
``(C) The use of outer burial receptacles in a national
cemetery administered by the National Park Service shall be
in accordance with regulations or procedures approved by the
Secretary of the Interior.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date that is two years after the
date of the enactment of this Act.
SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN
ON CERTAIN HEADSTONES AND MARKERS FURNISHED BY
THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 2306 of title 38, United States
Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i)(1) In addition to any other authority under this
section, in the case of an individual whose grave is not in a
covered cemetery (as that term is defined in subsection
(f)(2)) and for whom the Secretary has furnished a headstone
or marker under subsection (a) or (d), the Secretary, if
feasible and upon request, may replace the headstone or
marker to add an inscription for the surviving spouse or
eligible dependent child of such individual following the
death of the surviving spouse or eligible dependent child.
``(2) If the spouse or eligible dependent child of an
individual referred to in paragraph (1) predeceases the
individual, the Secretary may, if feasible and upon request,
include an inscription for the spouse or dependent child on
the headstone or marker furnished for the individual under
subsection (a) or (d).''.
(b) Application.--Subsection (i) of section 2306 of title
38, United States Code, as added by subsection (a), shall
apply with respect to an individual who dies on or after
October 1, 2019.
SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPANSION, AND
IMPROVEMENT OF VETERANS' CEMETERIES.
(a) In General.--Section 2408 of title 38, United States
Code, is amended--
(1) by inserting ``or county'' after ``State'' each place
it appears;
(2) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``subsection (b)'' and
inserting ``subsections (b), (c), (d), and (g)'';
(3) by adding at the end the following new subsection:
``(g)(1) The Secretary may make a grant to a county under
this section only if--
``(A)(i) the State in which the county is located does not
have a veterans' cemetery owned by the State;
``(ii) the State is not in receipt of a grant under this
section for the construction of a new veterans' cemetery to
be owned by the State;
``(iii) the State did not apply for a grant under this
section during the previous year;
``(iv) no tribal organization from the State in which the
county is located has a veterans' cemetery on trust land
owned by, or held in trust for, the tribal organization;
``(v) no such tribal organization is in receipt of a grant
under this section for the construction of a new veterans'
cemetery to be located on such land; and
``(vi) no such tribal organization applied for a grant
under this section during the previous year; and
``(B) the county demonstrates in the application under
subsection (a)(2), to the satisfaction of the Secretary, that
the county has the resources necessary to operate and
maintain the veterans' cemetery owned by the county.
``(2)(A) If a county and the State in which the county is
located both apply for a grant under this section for the
same year, the Secretary shall give priority to the State.
``(B) If a county and a tribal organization from the State
in which the county is located both apply for a grant under
this section for the same year, the Secretary shall give
priority to the tribal organization.
``(3) The Secretary shall prescribe regulations to carry
out this subsection.''; and
(4) in subsection (f)--
(A) by redesignating paragraph (3) as subsection (h);
(B) by moving such subsection, as so redesignated, to the
location after subsection (g), as added by paragraph (3);
(C) in subsection (h), as so redesignated and moved, by
redesignating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively; and
(D) in the matter preceding paragraph (1), as so
redesignated, by striking ``this subsection'' and inserting
``this section''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended by inserting ``, counties, and tribal organizations''
after ``States''.
(2) Table of sections.--The table of sections at the
beginning of chapter 24 of such title is amended by striking
the item relating to section 2408 and inserting the following
new item:
``2408. Aid to States, counties, and tribal organizations for
establishment, expansion, and improvement of veterans'
cemeteries.''.
(c) Effective Date.--The amendments made by this section
shall take on effect on the date that is two years after the
date of the enactment of this Act.
SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES,
COUNTIES, AND TRIBAL ORGANIZATIONS FOR
OPERATING AND MAINTAINING VETERANS' CEMETERIES.
Section 2408(e)(2) of title 38, United States Code, is
amended by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE PLAQUES FOR
REMAINS OF CERTAIN VETERANS WHOSE CREMATED
REMAINS ARE NOT INTERRED IN CERTAIN CEMETERIES.
(a) In General.--Section 2306 of title 38, United States
Code, as amended by section 2204 of this title, is further
amended--
(1) by redesignating subsections (h), (i), and (j) as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) In lieu of furnishing a headstone or marker under
this section for a deceased individual described in paragraph
(3), the Secretary shall furnish, upon request and at the
expense of the United States--
``(A) an urn made of any material to signify the
individual's status as a veteran, in which the remains of
such individual may be placed at private expense; or
``(B) a commemorative plaque signifying the individual's
status as a veteran.
``(2) If the Secretary furnishes an urn or commemorative
plaque for an individual under paragraph (1), the Secretary
may not provide for such individual--
``(A) a headstone or marker under this section; or
``(B) any burial benefit under section 2402 of this title.
``(3) A deceased individual described in this paragraph is
an individual--
``(A) who served in the Armed Forces on or after April 6,
1917;
``(B) who is eligible for a headstone or marker furnished
under subsection (d) (or would be so eligible but for the
date of the death of the individual); and
``(C) whose remains were cremated and not interred in a
national cemetery, a State veterans' cemetery, a tribal
cemetery, a county cemetery, or a private cemetery.
``(4)(A) Any urn or commemorative plaque furnished under
this subsection shall be the personal property of the next of
kin or such other individual as the Secretary considers
appropriate.
``(B) The Federal Government shall not be liable for any
damage to an urn or commemorative plaque furnished under this
subsection that occurs after the date on which the urn or
commemorative plaque is so furnished.
``(5) The Secretary shall prescribe regulations to carry
out this subsection.''.
(b) Effective Date.--The amendments made by this section
shall take on effect on the date that is two years after the
date of the enactment of this Act.
SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS' CEMETERY
PERSONNEL BY NATIONAL CEMETERY ADMINISTRATION.
(a) In General.--Section 2408 of title 38, United States
Code, as amended by sections 2205 and 2206 of this title, is
further amended--
[[Page S7349]]
(1) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``and (ii) the cost'' and inserting ``(ii)
the cost''; and
(ii) by inserting ``; and (iii) training costs described in
subsection (c)(1)'' before the semicolon; and
(B) in subparagraph (B)--
(i) by striking ``and (ii) the cost'' and inserting ``(ii)
the cost''; and
(ii) by inserting ``; and (iii) training costs described in
subsection (c)(1)'' before the period;
(2) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) A grant under this section for a purpose described
in subparagraph (A) or (B) of subsection (a)(1) may be used,
solely or in part, for training costs, including travel
expenses and up to four weeks of lodging expenses, associated
with attendance by employees of a veterans' cemetery owned by
a State or on trust land owned by, or held in trust for, a
tribal organization at training provided by the National
Cemetery Administration.
``(2) Any employee described in paragraph (1) who
participates in training described in such paragraph shall
fulfill a service requirement as determined by the Secretary.
``(3) The Secretary may by regulation prescribe such
additional terms and conditions for grants used for training
costs under this subsection as the Secretary considers
appropriate.''.
(b) Reports.--
(1) In general.--Not later than each of two years and five
years after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
training provided by the National Cemetery Administration
under subsection (c) of section 2408 of title 38, United
States Code, as added by subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The attrition rate with respect to individuals who
participate in the training described in paragraph (1).
(B) A description of how State and tribal veterans'
cemeteries that used grants awarded under section 2408 of
title 38, United States Code, for training costs under
subsection (c) of such section, as added by subsection (a),
have improved as a result of the training, according to the
administrators of such cemeteries.
(C) An identification of how many State and tribal
veterans' cemeteries used the authority provided by
subsection (c) of section 2408 of title 38, United States
Code, as added by subsection (a), in order to train
individuals.
(D) The amount obligated or expended as a result of the
authority described in subparagraph (C).
TITLE III--HEALTH CARE
Subtitle A--Health Care Generally
SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DIRECTED
CARE PROGRAM.
Section 20006 of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) is amended--
(1) by striking ``During a public health emergency'' each
place it appears and inserting ``During the period specified
in subsection (f)'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``during a public health emergency'' and inserting ``during
the period specified in subsection (f)''; and
(B) in paragraph (1), by striking ``an area agency on
aging'' and inserting ``a covered provider''; and
(3) by striking subsection (e) and inserting the following
new subsections:
``(e) Transfer of Certain Veterans to the Program.--During
the period specified in subsection (f), the Secretary shall
allow a veteran residing in an area covered by the Program to
be transferred to the Program for the duration of such period
if--
``(1) the veteran had been receiving extended care services
paid for by the Department, such as adult day services or
homemaker or home health aide services, immediately preceding
such period; and
``(2) those services are no longer available due to a
public health emergency.
``(f) Period Specified.--The period specified in this
subsection is the period beginning on the date on which a
public health emergency was first declared and ending on the
date that is 60 days after the date on which a public health
emergency is no longer in effect.
``(g) Covered Provider Defined.--In this section, the term
`covered provider' means a provider participating in the
Program, including--
``(1) an Aging and Disability Resource Center, an area
agency on aging, or a State agency (as those terms are
defined in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002)); or
``(2) a center for independent living (as defined in
section 702 of the Rehabilitation Act of 1973 (29 U.S.C.
796a)).''.
SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH CARE
COPAYMENT BY THE SECRETARY OF VETERANS AFFAIRS
FROM A VETERAN WHO IS A MEMBER OF AN INDIAN
TRIBE.
(a) In General.--Section 1730A of title 38, United States
Code, is amended--
(1) in the heading, by striking ``catastrophically
disabled'' and inserting ``certain'';
(2) by inserting ``(a) Prohibition.--'' before
``Notwithstanding'';
(3) by striking ``a veteran who is catastrophically
disabled, as defined by the Secretary,'' and inserting ``a
covered veteran''; and
(4) by adding at the end the following new subsection:
``(b) Covered Veteran Defined.--In this section, the term
`covered veteran' means a veteran who--
``(1) is catastrophically disabled, as defined by the
Secretary; or
``(2) is an Indian or urban Indian (as those terms are
defined in section 4 of the Indian Health Care Improvement
Act (25 U.S.C. 1603)).''.
(b) Technical Amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 1730A and inserting the
following:
``1730A. Prohibition on collection of copayments from certain
veterans.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the day that is one year after the date
of the enactment of this Act.
SEC. 3003. OVERSIGHT FOR STATE HOMES REGARDING COVID-19
INFECTIONS, RESPONSE CAPACITY, AND STAFFING
LEVELS.
(a) Reporting.--
(1) In general.--During a covered public health emergency,
each State home shall submit weekly to the Secretary of
Veterans Affairs and the National Healthcare Safety Network
of the Centers for Disease Control and Prevention, through an
electronic medium and in a standardized format specified by
the Secretary, a report on the emergency.
(2) Elements.--Each report required by paragraph (1) for a
State home shall include the following:
(A) The number of suspected and confirmed COVID-19
infections among residents and staff, including residents
previously treated for COVID-19, disaggregated by--
(i) veteran, spouse of a veteran, staff, and other;
(ii) race and ethnicity;
(iii) gender; and
(iv) age.
(B) The number of total deaths and COVID-19 deaths among
residents and staff, disaggregated by--
(i) veteran, spouse of a veteran, staff, and other;
(ii) race and ethnicity;
(iii) gender; and
(iv) age.
(C) An assessment of the supply of personal protective
equipment and hand hygiene supplies.
(D) An assessment of ventilator capacity and supplies.
(E) The number of resident beds and the occupancy rate,
disaggregated by veteran, spouse of a veteran, and other.
(F) An assessment of the access of residents to testing for
COVID-19.
(G) An assessment of staffing shortages, if any.
(H) Such other information as the Secretary may specify.
(b) Publication of Total Infections and Deaths.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and not less frequently than
weekly thereafter, the Secretary shall post on a publicly
available website of the Department of Veterans Affairs--
(A) the total number of residents and staff of State homes
who are infected with COVID-19; and
(B) the total number of such residents and staff who have
died from COVID-19.
(2) Information on residents and staff.--The Secretary
shall disaggregate information on residents and staff
published under paragraph (1) by veteran, staff, and other.
(c) Definitions.--In this section:
(1) Covered public health emergency.--The term ``covered
public health emergency'' means an emergency with respect to
COVID-19 declared by a Federal, State, or local authority.
(2) State home.--The term ``State home'' has the meaning
given that term in section 101(19) of title 38, United States
Code.
SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS.
(a) State Home Defined.--Section 101(19) of title 38,
United States Code, is amended by inserting ``or Indian tribe
(as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304))'' after ``(other
than a possession)''.
(b) Payments to State Homes.--Section 1741 of title 38,
United States Code, is amended by adding at the end the
following new subsection:
``(g) In this subchapter, the term `State' means each of
the several States and each Indian tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)).''.
(c) State Home Construction.--
(1) In general.--Section 8131(2) of title 38, United States
Code, is amended by inserting ``includes each Indian tribe
(as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)) but'' before
``does not''.
(2) Conforming amendment.--Section 8132 of such title is
amended by striking ``several''.
(d) Additional Legislative or Administrative Action.--
[[Page S7350]]
(1) Consultation with indian tribes.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall consult with Indian
tribes to determine if any legislative or administrative
action is necessary to modify the State home program to
function efficiently in support of State homes operated by
Indian tribes pursuant to the amendments made by this
section.
(2) Report to congress.--Not later than 90 days after
completing consultations under paragraph (1), the Secretary
shall submit to the appropriate committees of Congress a
report recommending legislative action that the Secretary
considers appropriate to modify the State home program
described in such paragraph in light of those consultations.
(3) Modifications.--Not later than 180 days after
completing consultations under paragraph (1), the Secretary
shall make any modifications to regulations implementing the
State home program, for which legislative action is not
necessary, as the Secretary considers appropriate in light of
those consultations.
(e) Technical Support and Assistance.--The Secretary of
Veterans Affairs shall provide technical support and
assistance to Indian tribes in carrying out the State home
program at State homes operated by Indian tribes pursuant to
the amendments made by this section.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Indian Affairs of the Senate; and
(B) the Committee on Veterans' Affairs and the Subcommittee
for Indigenous Peoples of the United States of the Committee
on Natural Resources of the House of Representatives.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) State home.--The term ``State home'' has the meaning
given that term in section 101(19) of title 38, United States
Code.
(4) State home program.--The term ``State home program''
means the program of the Department of Veterans Affairs for
which payments are made under subchapter V of chapter 17 of
title 38, United States Code, and assistance is provided
under subchapter III of chapter 81 of such title.
SEC. 3005. CONTINUATION OF WOMEN'S HEALTH TRANSITION TRAINING
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Duration.--The Secretary of Veterans Affairs shall
carry out the Women's Health Transition Training program of
the Department of Veterans Affairs (in this section referred
to as the ``Program'') until at least one year after the date
of the enactment of this Act.
(b) Report.--Not later than one year and ten days after the
date of the enactment of this Act, the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly submit to
the appropriate congressional committees a report on the
Program that includes the following:
(1) The number of women members of the Armed Forces,
disaggregated by military department (with respect to the
Department of the Navy, disaggregated by the Navy and Marine
Corps), who participated in the Program.
(2) The number of courses held under the Program.
(3) The locations at which such courses were held, the
number of seats available for such courses, and the number of
participants at each such location.
(4) With respect to the number of members of the Armed
Forces who participated in the Program as specified under
paragraph (1)--
(A) the number who enrolled in the health care system of
the Department of Veterans Affairs under section 1705(a) of
title 38, United States Code; and
(B) the number who attended at least one health care
appointment at a medical facility of the Department of
Veterans Affairs.
(5) Data relating to--
(A) satisfaction with courses held under the Program;
(B) improved awareness of health care services administered
by the Secretary of Veterans Affairs; and
(C) any other available statistics regarding the Program.
(6) A discussion of regulatory, legal, or resource barriers
to--
(A) making the Program permanent to enable access to
services provided under the Program by a greater number of
women members of the Armed Forces at locations throughout the
United States;
(B) offering the Program online for women members of the
Armed Forces who are unable to attend courses held under the
Program in person; and
(C) the feasability of automatically enrolling Program
participants in the health care system of the Department of
Veterans Affairs under section 1705(a) of title 38, United
States Code.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO
FURNISH MEDICALLY NECESSARY TRANSPORTATION FOR
NEWBORN CHILDREN OF CERTAIN WOMEN VETERANS.
(a) In General.--Section 1786 of title 38, United States
Code, as amended by section 9102 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021, is further amended--
(1) in subsection (a)--
(A) in the matter before paragraph (1), by inserting ``and
transportation necessary to receive such services'' after
``described in subsection (b)'';
(B) in paragraph (1), by striking ``or'';
(C) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following new paragraph:
``(3) another location, including a health care facility,
if the veteran delivers the child before arriving at a
facility described in paragraph (1) or (2).'';
(2) in subsection (b), by inserting before the period at
the end the following: ``, including necessary health care
services provided by a facility other than the facility where
the newborn child was delivered (including a specialty
pediatric hospital) that accepts transfer of the newborn
child and responsibility for treatment of the newborn
child''; and
(3) by adding at the end the following new subsections:
``(d) Transportation.--(1) Transportation furnished under
subsection (a) to, from, or between care settings to meet the
needs of a newborn child includes costs for either or both
the newborn child and parents.
``(2) Transportation furnished under subsection (a)
includes transportation by ambulance, including air
ambulance, or other appropriate medically staffed modes of
transportation--
``(A) to another health care facility (including a
specialty pediatric hospital) that accepts transfer of the
newborn child or otherwise provides post-delivery care
services when the treating facility is not capable of
furnishing the care or services required; or
``(B) to a health care facility in a medical emergency of
such nature that a prudent layperson reasonably expects that
delay in seeking immediate medical attention would be
hazardous to life or health.
``(3) Amounts paid by the Department for transportation
under this section shall be derived from the Medical Services
appropriations account of the Department.
``(e) Reimbursement or Payment for Health Care Services or
Transportation.--(1) Pursuant to regulations the Secretary
shall prescribe to establish rates of reimbursement and any
limitations thereto under this section, the Secretary shall
directly reimburse a covered entity for health care services
or transportation services provided under this section,
unless the cost of the services or transportation is covered
by an established agreement or contract. If such an agreement
or contract exists, its negotiated payment terms shall apply.
``(2)(A) Reimbursement or payment by the Secretary under
this section on behalf of an individual to a covered entity
shall, unless rejected and refunded by the covered entity
within 30 days of receipt, extinguish any liability on the
part of the individual for the health care services or
transportation covered by such payment.
``(B) Neither the absence of a contract or agreement
between the Secretary and a covered entity nor any provision
of a contract, agreement, or assignment to the contrary shall
operate to modify, limit, or negate the requirements of
subparagraph (A).
``(3) In this subsection, the term `covered entity' means
any individual, transportation carrier, organization, or
other entity that furnished or paid for health care services
or transportation under this section.''.
(b) Treatment of Certain Expenses Already Incurred.--
(1) In general.--Pursuant to such regulations as the
Secretary of Veterans Affairs shall prescribe, with respect
to transportation furnished in order for a newborn child of a
veteran to receive health care services under section 1786 of
title 38, United States Code, during the period specified in
paragraph (2), the Secretary may--
(A) waive a debt owed by the veteran to the Department of
Veterans Affairs or reimburse expenses already paid by the
veteran to the Department for such transportation;
(B) reimburse the veteran for expenses already paid by the
veteran to a covered entity for such transportation; or
(C) reimburse a covered entity for the costs of such
transportation.
(2) Period specified.--The period specified in this
paragraph is the period beginning on May 5, 2010, and ending
on the date of the enactment of this Act.
(3) Covered entity defined.--In this subsection, the term
``covered entity'' has the meaning given that term in section
1786(e)(3) of title 38, United States Code, as added by
subsection (a).
SEC. 3007. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS
AFFAIRS FOR RECEIPT OF PER DIEM PAYMENTS FOR
DOMICILIARY CARE AT STATE HOMES AND
MODIFICATION OF ELIGIBILITY FOR SUCH PAYMENTS.
(a) Waiver of Requirements.--Notwithstanding section 1741
of title 38, United States Code (as amended by subsection
(b)),
[[Page S7351]]
the Secretary of Veterans Affairs shall modify section
51.51(b) of title 38, Code of Federal Regulations (or
successor regulations), to provide the Secretary the
authority to waive the requirements under such section
51.51(b) for a veteran to be eligible for per diem payments
for domiciliary care at a State home if--
(1) the veteran has met not fewer than four of the
requirements set forth in such section; or
(2) such waiver would be in the best interest of the
veteran.
(b) Modification of Eligibility.--Section 1741(a)(1) of
title 38, United States Code, is amended, in the flush text
following subparagraph (B), by striking ``in a Department
facility'' and inserting ``under the laws administered by the
Secretary''.
(c) State Home Defined.--In this section, the term ``State
home'' has the meaning given that term in section 101(19) of
title 38, United States Code.
SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON
STAFFING AND VACANCIES AT FACILITIES OF THE
DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE
INFORMATION ON DURATION OF HIRING PROCESS.
(a) Quarterly Update.--Subsection (a)(1) of section 505 of
the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 301
note) is amended by adding at the end the following new
subparagraph:
``(E) Beginning with any update under paragraph (3) on or
after the date of the enactment of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020, the following:
``(i) For employees appointed under paragraphs (1) and (3)
of section 7401 of title 38, United States Code, the number
of employees for which the duration of the process from
validation of vacancy to receipt of official offer and
notification of actual start date exceeds the metrics laid
out in the Time to Hire Model of the Veterans Health
Administration, or successor model.
``(ii) The percentage of employees who are described in
clause (i) compared to all employees appointed under
paragraphs (1) and (3) of section 7401 of such title during
the same period.
``(iii) The average number of days potential hires or new
hires appointed under paragraphs (1) and (3) of section 7401
of such title spent in each phase of the Time to Hire Model,
or successor model.''.
(b) Annual Report.--Subsection (b) of such section is
amended, in the first sentence, by adding before the period
at the end the following: ``and to improve the onboard
timeline for facilities for which the duration of the
onboarding process exceeds the metrics laid out in the Time
to Hire Model of the Veterans Health Administration, or
successor model''.
SEC. 3009. REQUIREMENT FOR CERTAIN DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITIES TO HAVE PHYSICAL
LOCATION FOR THE DISPOSAL OF CONTROLLED
SUBSTANCES MEDICATIONS.
(a) In General.--The Secretary of Veterans Affairs shall
ensure that each covered Department medical facility has a
physical location where patients may dispose of controlled
substances medications.
(b) Covered Department Medical Facility.--In this section,
the term ``covered Department medical facility'' means a
medical facility of the Department of Veterans Affairs with
an onsite pharmacy or a physical location dedicated for law
enforcement purposes.
(c) Effective Date.--This section shall take effect on
January 1, 2022.
SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR
CLINICAL OBSERVATION BY UNDERGRADUATE STUDENTS.
(a) Establishment.--The Secretary of Veterans Affairs shall
carry out a pilot program for a one-year period, beginning
not later than August 15, 2021, to provide certain students
described in subsection (d) a clinical observation experience
at medical centers of the Department of Veterans Affairs.
(b) Medical Center Selection.--The Secretary shall carry
out the pilot program under this section at not fewer than
five medical centers of the Department. In selecting such
medical centers, the Secretary shall ensure regional
diversity among such selected medical centers.
(c) Clinical Observation Sessions.--
(1) Frequency and duration.--In carrying out the pilot
program, the Secretary shall--
(A) provide at least one and not more than three clinical
observation sessions at each medical center selected during
each calendar year;
(B) ensure that each clinical observation session--
(i) lasts between four and six months; and
(ii) to the extent practicable, begins and ends
concurrently with one or more academic terms of an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)); and
(C) ensure that the clinical observation sessions provided
at a medical center have minimal overlap.
(2) Sessions.--The Secretary shall ensure that the pilot
program consists of clinical observation sessions as follows:
(A) Each session shall allow for not fewer than five
students nor greater than 15 students to participate in the
session.
(B) Each session shall consist of not fewer than 20
observational hours nor greater than 40 observational hours.
(C) A majority of the observational hours shall be spent
observing a health professional. The other observational
hours shall be spent in a manner that ensures a robust, well
rounded experience that exposes the students to a variety of
aspects of medical care and health care administration.
(D) Each session shall provide a diverse clinical
observation experience.
(d) Students.--
(1) Selection.--The Secretary shall select to participate
in the pilot program under subsection (a) students who are--
(A) nationals of the United States;
(B) enrolled in an accredited program of study at an
institution of higher education; and
(C) referred by their institution of higher education
following an internal application process.
(2) Priority.--In making such selection, the Secretary
shall give priority to each of the following five categories
of students:
(A) Students who, at the time of the completion of their
secondary education, resided in a health professional
shortage area (as defined in section 332 of the Public Health
Service Act (42 U.S.C. 254e)).
(B) First generation college students (as defined in
section 402A(h)(3) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a))).
(C) Students who have been referred by minority-serving
institutions (as defined in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a))).
(D) Veterans (as defined in section 101 of title 38, United
States Code).
(E) Students who indicate an intention to specialize in a
health professional occupation identified by the Inspector
General of the Department under section 7412 of title 38,
United States Code, as having a staffing shortage.
(3) Assignment to medical centers.--The Secretary shall
assign students selected under paragraph (1) to medical
centers selected under subsection (b) without regard for
whether such medical centers have staffing shortages in any
health professional occupation pursuant to section 7412 of
title 38, United States Code.
(e) Other Matters.--In carrying out the pilot program under
this section, the Secretary shall--
(1) establish a formal status to facilitate the access to
medical centers of the Department by student observers
participating in the pilot program;
(2) establish standardized legal, privacy, and ethical
requirements for the student observers, including with
respect to--
(A) ensuring that no student observer provides any care to
patients while participating as an observer; and
(B) ensuring the suitability of a student to participate in
the pilot program to ensure that the student poses no risk to
patients;
(3) develop and implement a partnership strategy with
minority-serving institutions to encourage referrals;
(4) create standardized procedures for student observers;
(5) create an online information page about the pilot
program on the internet website of the Department;
(6) publish on the online information page created under
paragraph (5) the locations of such centers, and other
information on the pilot program, not later than 180 days
before the date on which applications are required to be
submitted by potential student observers;
(7) identify medical centers and specific health
professionals participating in the pilot program; and
(8) notify the Committees on Veterans' Affairs of the House
of Representatives and the Senate of the medical centers
selected under subsection (c) within 30 days of selection, to
facilitate program awareness.
(f) Report.--Not later than 180 days after the completion
of the pilot program under subsection (a), the Secretary
shall submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a report on the
results of the pilot program, including--
(1) the number and demographics of all applicants, those
accepted to participate in the pilot program, and those who
completed the pilot program; and
(2) if participating institutions of higher education
choose to administer satisfaction surveys that assess the
experience of those who completed the pilot program, the
results of any such satisfaction surveys, provided at the
discretion of the institution of higher education.
(g) Sense of Congress Regarding Department of Veterans
Affairs Pilot Program for Clinical Observation by
Undergraduate Students.--It is the sense of Congress that the
pilot program described in subsection (a) should be designed
to--
(1) increase the awareness, knowledge, and empathy of
future health professionals toward the health conditions
common to veterans;
(2) increase the diversity of the recruitment pool of
future physicians of the Department; and
(3) expand clinical observation opportunities for all
students by encouraging students of all backgrounds to
consider a career in the health professions.
(h) No Additional Funds Authorized.--No additional funds
are authorized to be appropriated to carry out the
requirements of this section. Such requirements shall be
carried out using amounts otherwise authorized to be
appropriated.
[[Page S7352]]
Subtitle B--Scheduling and Consult Management
SEC. 3101. PROCESS AND REQUIREMENTS FOR SCHEDULING
APPOINTMENTS FOR HEALTH CARE FROM DEPARTMENT OF
VETERANS AFFAIRS AND NON-DEPARTMENT HEALTH
CARE.
(a) Process and Requirements.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) establish a process and requirements for scheduling
appointments for--
(i) health care from the Department of Veterans Affairs;
and
(ii) health care furnished through the Veterans Community
Care Program under section 1703 of title 38, United States
Code, by a non-Department health care provider; and
(B) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a description of such process and
requirements.
(2) Elements of description.--The description of the
process and requirements for scheduling appointments for
health care required to be submitted under paragraph (1)(B)
shall include--
(A) information on how such process and requirements take
into account the access standards established under section
1703B of title 38, United States Code; and
(B) the maximum number of days allowed to complete each
step of such process.
(3) Periodic revision.--
(A) In general.--The Secretary may revise the process and
requirements required under paragraph (1) as the Secretary
considers necessary.
(B) Submittal to congress.--Not later than 30 days before
revising the process and requirements under subparagraph (A),
the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a description of such revised
process and requirements, including a description of any
modifications to the certification and training under
subsection (b).
(b) Certification and Training on Process and
Requirements.--
(1) Certification.--Not later than one year after the date
of the enactment of this Act, the Secretary shall require
each individual involved in the scheduling of appointments
for health care from the Department or health care described
in subsection (a)(1)(A)(ii), including schedulers, clinical
coordinators, and supervisors, to certify to the Secretary
that the individual understands the process and requirements
established under subsection (a), including the maximum
number of days allowed to complete each step of such process.
(2) New employees.--The Secretary shall require each
employee hired by the Department on or after the date of the
enactment of this Act who is to be involved in the scheduling
of appointments for health care from the Department or health
care described in subsection (a)(1)(A)(ii)--
(A) to undergo training on the process and requirements
established under subsection (a) as part of training for the
position for which the employee has been hired; and
(B) to make the certification to the Secretary required
under paragraph (1).
(c) Method to Monitor Compliance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish or
maintain a method or tool--
(A) to enable monitoring of the compliance of the
Department with the process and requirements established
under subsection (a), including compliance with policies of
the Department relating to the maximum number of days allowed
to complete each step of such process; and
(B) to ensure that each medical facility of the Department
complies with such process and requirements.
(2) Use throughout department.--
(A) In general.--The Secretary shall require each medical
facility of the Department to use the method or tool
described in paragraph (1).
(B) 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' Affairs of the House of
Representatives a report indicating whether each medical
facility of the Department is using the method or tool
described in paragraph (1).
(d) Comptroller General Report.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the compliance of the Secretary with the requirements of this
section.
SEC. 3102. AUDITS REGARDING SCHEDULING OF APPOINTMENTS AND
MANAGEMENT OF CONSULTATIONS FOR HEALTH CARE
FROM DEPARTMENT OF VETERANS AFFAIRS AND NON-
DEPARTMENT HEALTH CARE.
(a) In General.--Not later than each of one year and two
years after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall provide for the conduct
of a facility-level audit of the scheduling of appointments
and the management of consultations for health care under the
laws administered by the Secretary.
(b) Application.--
(1) First audit.--The first audit required under subsection
(a) shall apply to each medical facility of the Department of
Veterans Affairs.
(2) Second audit.--The second audit required under
subsection (a) shall apply to only those medical facilities
of the Department that are in need of corrective action based
on the first audit, as determined by the Secretary.
(c) Elements.--Each audit conducted under subsection (a)
shall include the following:
(1) With respect to each medical center of the Department
covered by the audit, an assessment of any scheduling or
consultation management issues at that medical center,
including the following:
(A) An assessment of noncompliance with policies of the
Veterans Health Administration relating to scheduling
appointments and managing consultations.
(B) An assessment of the extent to which appointments or
consultations are not timely processed.
(C) A description of any backlogs in appointments or
consultations that are awaiting action.
(D) An assessment of whether consultations are
appropriately processed.
(E) Data with respect to consultations as follows:
(i) Consultations that were scheduled within the request
window.
(ii) Duplicate consultation requests.
(iii) Consultations that were discontinued.
(iv) Delays in consultations.
(v) Consultations that were not properly closed or
discontinued, including a description of remediation
attempts.
(F) A review for accuracy with respect to consultation
management as follows:
(i) A review of the accuracy of the type of service, either
administrative or clinical, that is inputted in the
electronic health record.
(ii) A review of the accuracy of the type of consultation
setting, either impatient or outpatient, that is inputted in
the electronic health record.
(iii) A review of the appropriateness of the level of
urgency of the consultation that is inputted in the
electronic health record.
(iv) A review of any delayed or unresolved consultations.
(2) An identification of such recommendations for
corrective action as the Secretary considers necessary,
including additional training, increased personnel, and other
resources.
(3) A certification that the director of each medical
center of the Department covered by the audit is in
compliance with the process and requirements established
under section 3101(a) and such other requirements relating to
the scheduling of appointments and management of
consultations as the Secretary considers appropriate.
(4) With respect to referrals for health care between
health care providers or facilities of the Department, a
measurement of, for each medical facility of the Department
covered by the audit--
(A) the period of time between--
(i) the date that a clinician of the Department determines
that a veteran requires care from another health care
provider or facility and the date that the referral for care
is sent to the other health care provider or facility;
(ii) the date that the referral for care is sent to the
other health care provider or facility and the date that the
other health care provider or facility accepts the referral;
(iii) the date that the other health care provider or
facility accepts the referral and the date that the
appointment with the other health care provider or at the
other facility is made; and
(iv) the date that the appointment with the other health
care provider or at the other facility is made and the date
of the appointment with the other health care provider or at
the other facility; and
(B) any other period of time that the Secretary determines
necessary to measure.
(5) With respect to referrals for non-Department health
care originating from medical facilities of the Department, a
measurement of, for each such facility covered by the audit--
(A) the period of time between--
(i) the date that a clinician of the Department determines
that a veteran requires care, or a veteran presents to the
Department requesting care, and the date that the referral
for care is sent to a non-Department health care provider;
(ii) the date that the referral for care is sent to a non-
Department health care provider and the date that a non-
Department health care provider accepts the referral;
(iii) the date that a non-Department health care provider
accepts the referral and the date that the referral to a non-
Department health care provider is completed;
(iv) the date that the referral to a non-Department health
care provider is completed and the date that an appointment
with a non-Department health care provider is made; and
(v) the date that an appointment with a non-Department
health care provider is made and the date that an appointment
with a non-Department health care provider occurs; and
(B) any other period of time that the Secretary determines
necessary to measure.
(d) Conduct of Audit by Third Party.--Each audit conducted
under subsection (a) with respect to a medical facility of
the Department shall be conducted by an individual or entity
that is not affiliated with the facility.
[[Page S7353]]
(e) Transmittal to VHA.--Each audit conducted under
subsection (a) shall be transmitted to the Under Secretary
for Health of the Department so that the Under Secretary
can--
(1) strengthen oversight of the scheduling of appointments
and management of consultations throughout the Department;
(2) monitor national policy on such scheduling and
management; and
(3) develop a remediation plan to address issues uncovered
by those audits.
(f) Annual Report.--
(1) In general.--Not later than December 31 of each year in
which an audit is conducted under subsection (a), the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the audit conducted
during that year.
(2) Elements.--The Secretary shall include in each report
required by paragraph (1)--
(A) the nationwide results of the audit conducted under
subsection (a);
(B) the results of such audit with respect to each medical
facility of the Department covered by such audit;
(C) an assessment of how the Department strengthened
oversight of the scheduling of appointments and management of
consultations at each such facility as a result of the audit;
(D) an assessment of how the audit informed the national
policy of the Department with respect to the scheduling of
appointments and management of consultations; and
(E) a description of any remediation plans to address
issues raised by the audit that was completed.
SEC. 3103. ADMINISTRATION OF NON-DEPARTMENT OF VETERANS
AFFAIRS HEALTH CARE.
(a) Certification of Proper Administration of Non-
Department Care.--
(1) Review.--
(A) In general.--The Secretary of Veterans Affairs shall
conduct a review of the staffing, training, and other
requirements necessary to administer section 1703 of title
38, United States Code.
(B) Elements.--The review conducted under subparagraph (A)
shall include, with respect to each medical facility of the
Department of Veterans Affairs--
(i) an assessment of the type of positions required to be
staffed at the medical facility;
(ii) the number of such positions authorized;
(iii) the number of such positions funded;
(iv) the number of such positions filled; and
(v) the number of additional such positions required to be
authorized.
(2) Submittal to congress.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days
thereafter, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives--
(A) the results of the review conducted under paragraph
(1); and
(B) a certification that the Secretary has established all
staffing, training, and other requirements required to be
reviewed under such paragraph.
(b) Scheduling of Appointments.--
(1) Measurement of timeliness for each facility.--Not later
than 120 days after the date of the enactment of this Act,
the Secretary shall measure, with respect to referrals for
non-Department health care originating from medical
facilities of the Department, for each such facility--
(A) the period of time between--
(i) the date that a clinician of the Department determines
that a veteran requires care, or a veteran presents to the
Department requesting care, and the date that the referral
for care is sent to a non-Department health care provider;
(ii) the date that the referral for care is sent to a non-
Department health care provider and the date that a non-
Department health care provider accepts the referral;
(iii) the date that a non-Department health care provider
accepts the referral and the date that the referral to a non-
Department health care provider is completed;
(iv) the date that the referral to a non-Department health
care provider is completed and the date that an appointment
with a non-Department health care provider is made; and
(v) the date that an appointment with a non-Department
health care provider is made and the date that an appointment
with a non-Department health care provider occurs; and
(B) any other period of time that the Secretary determines
necessary to measure.
(2) Submissions to congress.--
(A) In general.--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' Affairs of the House of
Representatives the data measured under paragraph (1),
disaggregated by medical facility.
(B) Update.--Not less frequently than biweekly, the
Secretary shall update the data submitted under subparagraph
(A).
(c) Comptroller General Report.--
(1) Review.--Beginning not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall review compliance by the Secretary
with the requirements of this section, including a review of
the validity and reliability of data submitted by the
Secretary under subsection (b)(2).
(2) Report.--Not later than three years after the date of
the enactment of this Act, the Comptroller General shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives the results of the review conducted under
paragraph (1).
SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION AND
SCHEDULING POSITIONS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Proper Grading of Consultation and Scheduling
Positions.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct an examination of health care positions of the
Department of Veterans Affairs to determine whether health
care positions involved in the consultation and scheduling
processes are appropriately graded.
(2) Consultation.--In conducting the examination under
paragraph (1), the Secretary shall consult with health care
staffing experts in the Federal Government and the private
sector.
(3) Submittal to congress.--Not later than 120 days after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress the results
of the examination conducted under paragraph (1).
(b) Review of Onboarding Process.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall submit to the appropriate committees of Congress--
(1) a review of the onboarding process of individuals in
health care positions described in subsection (a), including
how long it takes to hire those individuals; and
(2) a description of any changes that the Secretary has
made or plans to make to improve that process.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
TITLE IV--NAVY SEAL BILL MULDER
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Navy SEAL Bill Mulder Act
of 2020''.
Subtitle A--Service-connection and COVID-19
SEC. 4101. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS OF
ARMED FORCES WHO CONTRACT CORONAVIRUS DISEASE
2019 UNDER CERTAIN CIRCUMSTANCES.
(a) In General.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1164. Presumptions of service-connection for
Coronavirus Disease 2019
``(a) Presumptions Generally.--(1) For purposes of laws
administered by the Secretary and subject to section 1113 of
this title, if symptoms of Coronavirus Disease 2019 (in this
section referred to as `COVID-19') described in subsection
(d) manifest within one of the manifestation periods
described in paragraph (2) in an individual who served in a
qualifying period of duty described in subsection (b)--
``(A) infection with severe acute respiratory syndrome
coronavirus 2 (in this section referred to as `SARS-CoV-2')
shall be presumed to have occurred during the qualifying
period of duty;
``(B) COVID-19 shall be presumed to have been incurred
during the qualifying period of duty; and
``(C) if the individual becomes disabled or dies as a
result of COVID-19, it shall be presumed that the individual
became disabled or died during the qualifying period of duty
for purposes of establishing that the individual served in
the active military, naval, or air service.
``(2)(A) The manifestation periods described in this
paragraph are the following:
``(i) During a qualifying period of duty described in
subsection (b), if that period of duty was more than 48
continuous hours in duration.
``(ii) Within 14 days after the individual's completion of
a qualifying period of duty described in subsection (b).
``(iii) An additional period prescribed under subparagraph
(B).
``(B)(i) If the Secretary determines that a manifestation
period of more than 14 days after completion of a qualifying
period of service is appropriate for the presumptions under
paragraph (1), the Secretary may prescribe that additional
period by regulation.
``(ii) A determination under clause (i) shall be made in
consultation with the Director of the Centers for Disease
Control and Prevention.
``(b) Qualifying Period of Duty Described.--A qualifying
period of duty described in this subsection is--
``(1) a period of active duty performed--
``(A) during the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601
et seq.); and
``(B) before the date that is three years after the date of
the enactment of the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020; or
[[Page S7354]]
``(2) training duty under title 10 or full-time National
Guard duty (as defined in section 101 of title 10), performed
under orders issued on or after March 13, 2020--
``(A) during the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601
et seq.); and
``(B) before the date that is three years after the date of
the enactment of the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020.
``(c) Application of Presumptions for Training Duty.--When,
pursuant to subsection (a), COVID-19 is presumed to have been
incurred during a qualifying period of duty described in
subsection (b)(2)--
``(1) COVID-19 shall be deemed to have been incurred in the
line of duty during a period of active military, naval, or
air service; and
``(2) where entitlement to benefits under this title is
predicated on the individual who was disabled or died being a
veteran, benefits for disability or death resulting from
COVID-19 as described in subsection (a) shall be paid or
furnished as if the individual was a veteran, without regard
to whether the period of duty would constitute active
military, naval, or air service under section 101 of this
title.
``(d) Symptoms of COVID-19.--For purposes of subsection
(a), symptoms of COVID-19 are those symptoms that competent
medical evidence demonstrates are experienced by an
individual affected and directly related to COVID-19.
``(e) Medical Examinations and Opinions.--If there is a
question of whether the symptoms experienced by an individual
described in paragraph (1) of subsection (a) during a
manifestation period described in paragraph (2) of such
subsection are attributable to COVID-19 resulting from
infection with SARS-CoV-2 during the qualifying period of
duty, in determining whether a medical examination or medical
opinion is necessary to make a decision on the claim within
the meaning of section 5103A(d) of this title, a qualifying
period of duty described in subsection (b) of this section
shall be treated as if it were active military, naval, or air
service for purposes of section 5103A(d)(2)(B) of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1164. Presumptions of service-connection for Coronavirus Disease
2019.''.
Subtitle B--Assistance for Homeless Veterans
SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS
IN CARING FOR HOMELESS VETERANS DURING A
COVERED PUBLIC HEALTH EMERGENCY.
(a) General Support.--
(1) Use of funds.--During a covered public health
emergency, the Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available to the Department of
Veterans Affairs to carry out sections 2011, 2012, 2031, and
2061 of title 38, United States Code, to provide to homeless
veterans and veterans participating in the program carried
out under section 8(o)(19) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as
``HUD-VASH''), as the Secretary determines is needed, the
following:
(A) Assistance required for safety and survival (such as
food, shelter, clothing, blankets, and hygiene items).
(B) Transportation required to support stability and health
(such as for appointments with service providers, conducting
housing searches, and obtaining food and supplies).
(C) Communications equipment and services (such as tablets,
smartphones, disposable phones, and related service plans)
required to support stability and health (such as maintaining
contact with service providers, prospective landlords, and
family).
(D) Such other assistance as the Secretary determines is
needed.
(2) Homeless veterans on land of the department.--
(A) Collaboration.--During a covered public health
emergency, to the extent possible, the Secretary may
collaborate with one or more organizations to manage use of
land of the Department for homeless veterans for living and
sleeping.
(B) Elements.--Collaboration under subparagraph (A) may
include the provision by either the Secretary or the
organization of food services and security for property,
buildings, and other facilities owned or controlled by the
Department.
(b) Grant and Per Diem Program.--
(1) Limits on rates for per diem payments.--Section
20013(b) of the Coronavirus Aid, Relief, and Economic
Security Act (38 U.S.C. 2011 note; Public Law 116-136) is
amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) in the matter preceding subparagraph (A), as so
redesignated, by inserting ``(1)'' before ``In the case'';
and
(C) by adding at the end the following:
``(2) If the Secretary waives any limit on grant amounts or
rates for per diem payments under paragraph (1),
notwithstanding section 2012(a)(2)(B) of such title, the
maximum rate for per diem payments described in paragraph
(1)(B) shall be three times the rate authorized for State
homes for domiciliary care under section 1741 of such
title.''.
(2) Modification of funding limits for grants.--Subsection
(c)(2) of section 2011 of title 38, United States Code, shall
not apply to any grant awarded during a covered public health
emergency under such section for a project described in
subsection (b)(1) of such section.
(3) Use of per diem payments.--During a covered public
health emergency, a recipient of a grant or an eligible
entity under the grant and per diem program of the Department
(in this subsection referred to as the ``program'') may use
per diem payments under sections 2012 and 2061 of title 38,
United States Code, to provide assistance required for safety
and survival (such as food, shelter, clothing, blankets, and
hygiene items) for--
(A) homeless veterans; and
(B) formerly homeless veterans residing in a facility
operated wholly or in part by such a recipient or eligible
entity receiving per diem payments under section 2012 of such
title.
(4) Additional transitional housing.--
(A) In general.--During a covered public health emergency,
under the program, the Secretary may provide amounts for
additional transitional housing beds to facilitate access to
housing and services provided to homeless veterans.
(B) Notice; competition; period of performance.--The
Secretary may provide amounts under subparagraph (A)--
(i) without notice or competition; and
(ii) for a period of performance determined by the
Secretary.
(5) Inspections and life safety code requirements.--
(A) In general.--During a covered public health emergency,
the Secretary may waive any requirement under subsection (b)
or (c) of section 2012 of title 38, United States Code, in
order to allow the recipient of a grant or an eligible entity
under the program--
(i) to quickly identify temporary alternate sites of care
for homeless veterans that are suitable for habitation;
(ii) to facilitate social distancing or isolation needs; or
(iii) to facilitate activation or continuation of a program
for which a grant has been awarded.
(B) Limitation.--The Secretary may waive a requirement
pursuant to the authority provided by subparagraph (A) with
respect to a facility of a recipient of a grant or an
eligible entity under the program only if the facility meets
applicable local safety requirements, including fire safety
requirements.
(6) Disposition of property relating to grants.--During a
covered public health emergency, if the recipient of a grant
awarded before or during such emergency under section 2011 of
title 38, United States Code, for a project described in
subsection (b)(1) of such section is no longer providing
services in accordance with the terms of the grant, the
recipient shall not be subject during such emergency to any
property disposition requirements relating to the grant under
subsection (c) or (f) of section 61.67 of title 38, Code of
Federal Regulations, section 200.311(c) of title 2, Code of
Federal Regulations, or successor regulations.
(c) Inspection and Life Safety Code Requirements for
Therapeutic Housing.--
(1) In general.--During a covered public health emergency,
the Secretary may waive any inspection or life safety code
requirement under subsection (c) of section 2032 of title 38,
United States Code--
(A) to allow quick identification of temporary alternate
sites of care for homeless veterans that are suitable for
habitation;
(B) to facilitate social distancing or isolation needs; or
(C) to facilitate the operation of housing under such
section.
(2) Limitation.--The Secretary may waive a requirement
pursuant to the authority provided by paragraph (1) with
respect to a residence or facility referred to in such
section 2032 only if the residence or facility, as the case
may be, meets applicable local safety requirements, including
fire safety requirements.
(d) Access to Department of Veterans Affairs Telehealth
Services.--To the extent practicable, during a covered public
health emergency, the Secretary shall ensure that veterans
participating in or receiving services from a program under
chapter 20 of title 38, United States Code, have access to
telehealth services to which such veterans are eligible under
the laws administered by the Secretary, including by ensuring
that telehealth capabilities are available to--
(1) such veterans;
(2) case managers of the Department of programs for
homeless veterans authorized under such chapter; and
(3) community-based service providers for homeless veterans
receiving funds from the Department through grants or
contracts.
(e) Definitions.--In this section:
(1) Covered public health emergency.--The term ``covered
public health emergency'' means an emergency with respect to
COVID-19 declared by a Federal, State, or local authority.
(2) Homeless veteran; veteran.--The terms ``homeless
veteran'' and ``veteran'' have the meanings given those terms
in section 2002 of title 38, United States Code.
(3) Telehealth.--
(A) In general.--The term ``telehealth'' means the use of
electronic information and telecommunications technologies to
support and promote long-distance clinical health care,
patient and professional health-related education, public
health, and health administration.
[[Page S7355]]
(B) Technologies.--For purposes of subparagraph (A),
``telecommunications technologies'' include video
conferencing, the internet, streaming media, and terrestrial
and wireless communications.
SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS
AT RISK FOR HOMELESSNESS.
(a) In General.--Subchapter III of chapter 20 of title 38,
United States Code, is amended by inserting after section
2022 the following new section:
``Sec. 2022A. Legal services for homeless veterans and
veterans at risk for homelessness
``(a) Grants.--Subject to the availability of
appropriations provided for such purpose, the Secretary shall
award grants to eligible entities that provide legal services
to homeless veterans and veterans at risk for homelessness.
``(b) Criteria.--(1) The Secretary shall--
``(A) establish criteria and requirements for grants under
this section, including criteria for entities eligible to
receive such grants; and
``(B) publish such criteria and requirements in the Federal
Register.
``(2) In establishing criteria and requirements under
paragraph (1), the Secretary shall--
``(A) take into consideration any criteria and requirements
needed with respect to carrying out this section in rural
communities, on trust lands, and in the territories and
possessions of the United States; and
``(B) consult with organizations that have experience in
providing services to homeless veterans, including--
``(i) veterans service organizations;
``(ii) the Equal Justice Works AmeriCorps Veterans Legal
Corps; and
``(iii) such other organizations as the Secretary
determines appropriate.
``(c) Eligible Entities.--The Secretary may award a grant
under this section to an entity applying for such a grant
only if the applicant for the grant--
``(1) is a public or nonprofit private entity with the
capacity (as determined by the Secretary) to effectively
administer a grant under this section;
``(2) demonstrates that adequate financial support will be
available to carry out the services for which the grant is
sought consistent with the application;
``(3) agrees to meet the applicable criteria and
requirements established under subsection (b)(1); and
``(4) has, as determined by the Secretary, demonstrated the
capacity to meet such criteria and requirements.
``(d) Use of Funds.--Grants under this section shall be
used to provide homeless veterans and veterans at risk for
homelessness the following legal services:
``(1) Legal services relating to housing, including
eviction defense, representation in landlord-tenant cases,
and representation in foreclosure cases.
``(2) Legal services relating to family law, including
assistance in court proceedings for child support, divorce,
estate planning, and family reconciliation.
``(3) Legal services relating to income support, including
assistance in obtaining public benefits.
``(4) Legal services relating to criminal defense,
including defense in matters symptomatic of homelessness,
such as outstanding warrants, fines, and driver's license
revocation, to reduce recidivism and facilitate the
overcoming of reentry obstacles in employment or housing.
``(5) Legal services relating to requests to upgrade the
characterization of a discharge or dismissal of a former
member of the Armed Forces under section 1553 of title 10.
``(6) Such other legal services as the Secretary determines
appropriate.
``(e) Funds for Women Veterans.--For any fiscal year, not
less than 10 percent of the amount authorized to be
appropriated for grants under this section shall be used to
provide legal services described in subsection (d) to women
veterans.
``(f) Locations.--To the extent practicable, the Secretary
shall award grants under this section to eligible entities in
a manner that is equitably distributed across the geographic
regions of the United States, including with respect to--
``(1) rural communities;
``(2) trust lands (as defined in section 3765 of this
title);
``(3) Native Americans; and
``(4) tribal organizations (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).
``(g) Biennial Reports.--(1) Not less frequently than once
every two years, the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
grants awarded under this section.
``(2) To the extent feasible, each report required by
paragraph (1) shall include the following with respect to the
period covered by the report:
``(A) The number of homeless veterans and veterans at risk
for homelessness assisted.
``(B) A description of the legal services provided.
``(C) A description of the legal matters addressed.
``(D) An analysis by the Secretary with respect to the
operational effectiveness and cost-effectiveness of the
services provided.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by inserting
after the item relating to section 2022 the following new
item:
``2022A. Legal services for homeless veterans and veterans at risk for
homelessness.''.
(c) Criteria.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish and publish in the Federal Register the
criteria and requirements pursuant to subsection (b)(1) of
section 2022A of title 38, United States Code, as added by
subsection (a).
SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS
PROGRAMS THAT PROVIDE ASSISTANCE TO WOMEN
VETERANS WHO ARE HOMELESS.
(a) In General.--The Secretary of Veterans Affairs shall
complete an analysis of programs of the Department of
Veterans Affairs that provide assistance to women veterans
who are homeless or precariously housed to identify the areas
in which such programs are failing to meet the needs of such
women.
(b) Report.--Not later than 270 days 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' Affairs of the House of
Representatives a report on the analysis completed under
subsection (a).
SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED BY THE SECRETARY OF
VETERANS AFFAIRS TO ENTITIES THAT PROVIDE
SERVICES TO HOMELESS VETERANS.
(a) Increase in Per Diem Payments.--Paragraph (2) of
subsection (a) of section 2012 of title 38, United States
Code, is amended to read as follows:
``(2)(A)(i) Except as otherwise provided in subparagraph
(B), the rate for such per diem payments shall be the daily
cost of care estimated by the grant recipient or eligible
entity adjusted by the Secretary under clause (ii).
``(ii)(I) The Secretary shall adjust the rate estimated by
the grant recipient or eligible entity under clause (i) to
exclude other sources of income described in subclause (III)
that the grant recipient or eligible entity certifies to be
correct.
``(II) Each grant recipient or eligible entity shall
provide to the Secretary such information with respect to
other sources of income as the Secretary may require to make
the adjustment under subclause (I).
``(III) The other sources of income referred to in
subclauses (I) and (II) are payments to the grant recipient
or eligible entity for furnishing services to homeless
veterans under programs other than under this subchapter,
including payments and grants from other departments and
agencies of the United States, from departments or agencies
of State or local government, and from private entities or
organizations.
``(iii) For purposes of calculating the rate for per diem
payments under clause (i), in the case of a homeless veteran
who has care of a minor dependent while receiving services
from the grant recipient or eligible entity, the daily cost
of care of the homeless veteran shall be the sum of the daily
cost of care of the homeless veteran determined under clause
(i) plus, for each such minor dependent, an amount that
equals 50 percent of such daily cost of care.
``(B)(i)(I) Except as provided in clause (ii), and subject
to the availability of appropriations, the Secretary may
adjust the rate for per diem payments under this paragraph,
as the Secretary considers appropriate.
``(II) Any adjustment made under this clause--
``(aa) may not result in a rate that--
``(AA) is lower than the rate in effect under this
paragraph as in effect immediately preceding the date of the
enactment of the Navy SEAL Bill Mulder Act of 2020; or
``(BB) exceeds the rate that is 115 percent of the rate
authorized for State homes for domiciliary care under
subsection (a)(1)(A) of section 1741 of this title, as the
Secretary may increase from time to time under subsection (c)
of that section; and
``(bb) may be determined on the basis of locality.
``(ii) In the case of services furnished to a homeless
veteran who is placed in housing that will become permanent
housing for the veteran upon termination of the furnishing of
such services to such veteran, the maximum rate of per diem
authorized under this section is 150 percent of the rate
authorized for State homes for domiciliary care under
subsection (a)(1)(A) of section 1741 of this title, as the
Secretary may increase from time to time under subsection (c)
of that section.''.
(b) Reimbursement of Certain Fees.--Such section is further
amended by adding at the end the following new subsection:
``(e) Reimbursement of Entities for Certain Fees.--The
Secretary may reimburse a recipient of a grant under section
2011, 2013, or 2061 of this title or a recipient of per diem
payments under this section for fees charged to that grant or
per diem payment recipient for the use of the homeless
management information system described in section 402(f) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360a(f))--
``(1) in amounts the Secretary determines to be reasonable;
and
``(2) if the Secretary determines that the grant or per
diem payment recipient is unable to obtain information
contained in such system through other means and at no cost
to the grant or per diem payment recipient.''.
[[Page S7356]]
SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM
OF REFERRAL AND COUNSELING SERVICES FOR
VETERANS AT RISK FOR HOMELESSNESS WHO ARE
TRANSITIONING FROM CERTAIN INSTITUTIONS.
(a) In General.--Section 2023 of title 38, United States
Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(b) Conforming Amendment.--Section 2021(a)(4) of such title
is amended by striking ``section 2023(e)'' and inserting
``section 2023(d)''.
SEC. 4206. COORDINATION OF CASE MANAGEMENT SERVICES FOR
VETERANS RECEIVING HOUSING VOUCHERS UNDER
TRIBAL HOUSING AND URBAN DEVELOPMENT-VETERANS
AFFAIRS SUPPORTIVE HOUSING PROGRAM.
Section 2003 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(c) Memorandum of Understanding on Assistance From Indian
Health Service.--The Secretary may enter into a memorandum of
understanding with the Secretary of Health and Human Services
under which case managers of the Indian Health Service may
provide case management assistance to veterans who receive
housing vouchers under the Tribal Housing and Urban
Development-Veterans Affairs Supportive Housing (Tribal HUD-
VASH) program of the Department of Housing and Urban
Development.''.
SEC. 4207. CONTRACTS RELATING TO CASE MANAGERS FOR HOMELESS
VETERANS IN SUPPORTED HOUSING PROGRAM.
(a) In General.--Section 304 of the Honoring America's
Veterans and Caring for Camp Lejeune Families Act of 2012
(Public Law 112-154; 38 U.S.C. 2041 note) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``The Secretary'';
(B) by adding at the end the following new paragraphs:
``(2)(A) The director of each covered medical center shall
seek to enter into one or more contracts or agreements
described in paragraph (1).
``(B) Any contract or agreement under subparagraph (A) may
require that each case manager employed by an eligible entity
who performs services under the contract or agreement has
credentials equivalent to the credentials required for a case
manager of the Department.
``(C)(i) The Secretary may waive the requirement under
subparagraph (A) with respect to a covered medical center if
the Secretary determines that fulfilling such requirement is
infeasible.
``(ii) If the Secretary grants a waiver under clause (i),
the Secretary shall, not later than 90 days after granting
such waiver, submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report containing--
``(I) an explanation of the determination made under clause
(i);
``(II) a plan to increase the number of case managers of
the Department; and
``(III) a plan for the covered medical center to increase
use of housing vouchers allocated to that medical center
under the program described in paragraph (1).
``(D) In this paragraph, the term `covered medical center'
means a medical center of the Department with respect to
which the Secretary determines that--
``(i) more than 15 percent of all housing vouchers
allocated to that medical center under the program described
in paragraph (1) during the fiscal year preceding the fiscal
year in which such determination was made were unused due to
a lack of case management services provided by the Secretary;
and
``(ii) one or more case manager positions have been vacant
for at least nine consecutive months immediately preceding
the date of such determination.''; and
(2) in subsection (b)(2)--
(A) in the matter before subparagraph (A), by striking ``,
including because--'' and inserting a period; and
(B) by striking subparagraphs (A), (B), and (C).
(b) Effective Date.--The amendments made by this section
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
SEC. 4208. REPORT ON STAFFING OF DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT-DEPARTMENT OF VETERANS
AFFAIRS SUPPORTED HOUSING PROGRAM.
Not later than 180 days after the date of the enactment of
this Act, and every three years thereafter, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report that includes the
following:
(1) An assessment of the hiring needs of the program
carried out under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (in this section
referred to as the ``HUD-VASH program''), including--
(A) an identification of the number of case managers of the
HUD-VASH program as of the date of the report including--
(i) the total number of vacancies; and
(ii) the vacancies at each medical center of the Department
of Veterans Affairs;
(B) the number of case managers of the HUD-VASH program
that the Secretary of Veterans Affairs and the Secretary of
Housing and Urban Development jointly determine necessary to
meet the needs of the Department and the program; and
(C) the amount of turnover among case managers of the HUD-
VASH program and whether the turnover was planned or
unexpected.
(2) An assessment of how compensation, including
recruitment and retention incentives, for case managers of
the HUD-VASH program affects turnover, and what percentage of
retention compensation is provided to such case managers at
each medical center of the Department of Veterans Affairs
(compared to other positions).
(3) A comparison of compensation described in paragraph (2)
with the compensation provided to State, local, and
nongovernmental housing employees at comparable training and
experience levels.
(4) Examples of how the Department of Veterans Affairs and
the Department of Housing and Urban Development have worked
with non-Federal partners (such as local governments,
nongovernmental organizations, veterans service
organizations, and employee unions) to meet the staffing
needs of the HUD-VASH program.
(5) Examples of how medical centers of the Department of
Veterans Affairs with high retention rates for case managers
of the HUD-VASH program have been able to maintain staffing
levels.
Subtitle C--Retraining Assistance for Veterans
SEC. 4301. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS
AFFAIRS TO THE FEDERAL DIRECTORY OF NEW HIRES.
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:
``(4) Veteran employment.--The Secretaries of Labor and of
Veterans Affairs shall have access to information reported by
employers pursuant to subsection (b) of this section for
purposes of tracking employment of veterans.''.
SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH
TECHNOLOGY PROGRAMS OF EDUCATION FOR VETERANS.
Section 116 of the Harry W. Colmery Veterans Educational
Assistance Act of 2017 (Public Law 115-48; 38 U.S.C. 3001
note) is amended--
(1) in subsection (b), by adding at the end the following:
``The Secretary shall treat an individual as an eligible
veteran if the Secretary determines that the individual shall
become an eligible veteran fewer than 180 days after the date
of such determination. If an individual treated as an
eligible veteran by reason of the preceding sentence does
anything to make the veteran ineligible during the 180-day
period referred to in such sentence, the Secretary may
require the veteran to repay any benefits received by such
veteran by reason of such sentence.'';
(2) in subsection (c)--
(A) in paragraph (3)(A), by striking ``has been operational
for at least 2 years'' and inserting ``employs instructors
whom the Secretary determines are experts in their respective
fields in accordance with paragraph (6)''; and
(B) by adding at the end the following new paragraph:
``(6) Experts.--The Secretary shall determine whether
instructors are experts under paragraph (3)(A) based on
evidence furnished to the Secretary by the provider regarding
the ability of the instructors to--
``(A) identify professions in need of new employees to
hire, tailor the programs to meet market needs, and identify
the employers likely to hire graduates;
``(B) effectively teach the skills offered to eligible
veterans;
``(C) provide relevant industry experience in the fields of
programs offered to incoming eligible veterans; and
``(D) demonstrate relevant industry experience in such
fields of programs.'';
(3) in subsection (d), in the matter preceding paragraph
(1)--
(A) by inserting ``(not including an individual described
in the second sentence of subsection (b))'' after ``each
eligible veteran''; and
(B) by inserting ``or part-time'' after ``full-time'';
(4) in subsection (g), by striking ``$15,000,000'' and
inserting ``$45,000,000''; and
(5) by adding at the end the following new subsection (i):
``(i) Prohibition on Certain Accounting of Assistance.--The
Secretary may not consider enrollment in a high technology
program of education under this section to be assistance
under a provision of law referred to in section 3695 of title
38, United States Code.''.
SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR
VETERANS AND SPOUSES.
(a) Extension of Pilot Program.--Subsection (a) of section
301 of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 10 U.S.C. 1144
note) is amended--
(1) by striking ``During the two-year period beginning on
the date of the enactment of this Act'' and inserting
``During the five-year period beginning on the date of the
enactment of the Navy SEAL Bill Mulder Act of 2020''; and
(2) by striking ``to assess the feasibility and
advisability of providing such program to eligible
individuals at locations other than military installations''.
(b) Locations.--Subsection (c) of such section is amended--
[[Page S7357]]
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``States'' and
inserting ``locations''; and
(B) by striking ``not less than three and not more than
five States'' and inserting ``not fewer than 50 locations in
States (as defined in section 101 of title 38, United States
Code)'';
(2) in paragraph (2), by striking ``at least two'' and
inserting ``at least 20''; and
(3) by adding at the end the following new paragraphs:
``(5) Preferences.--In selecting States for participation
in the pilot program, the Secretary shall provide a
preference for any State with--
``(A) a high rate of usage of unemployment benefits for
recently separated members of the Armed Forces; or
``(B) a labor force or economy that has been significantly
impacted by a covered public health emergency.
``(6) Covered public health emergency defined.--In this
subsection, the term `covered public health emergency'
means--
``(A) the public health emergency declared by the Secretary
of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) on January 31, 2020, with
respect to Coronavirus Disease 2019 (COVID-19); or
``(B) a domestic emergency declared, based on an outbreak
of Coronavirus Disease 2019 (COVID-19), by the President, the
Secretary of Homeland Security, or a State or local
authority.''.
(c) Annual Report.--Subsection (e) of such section is
amended by adding at the end the following new sentence:
``Each such report shall include information about the
employment outcomes of the eligible individuals who received
such training during the year covered by the report.''.
(d) Conforming Repeal.--Subsection (f) of such section is
repealed.
SEC. 4304. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO
MEMBERS OF THE ARMED FORCES AFTER SEPARATION,
RETIREMENT, OR DISCHARGE.
(a) In General.--The Secretary of Veterans Affairs shall
make grants to eligible organizations for the provision of
transition assistance to members of the Armed Forces who are
separated, retired, or discharged from the Armed Forces, and
spouses of such members.
(b) Use of Funds.--The recipient of a grant under this
section shall use the grant to provide to members of the
Armed Forces and spouses described in subsection (a) resume
assistance, interview training, job recruitment training, and
related services leading directly to successful transition,
as determined by the Secretary.
(c) Eligible Organizations.--To be eligible for a grant
under this section, an organization shall submit to the
Secretary an application containing such information and
assurances as the Secretary, in consultation with the
Secretary of Labor, may require.
(d) Priority.--In making grants under this section, the
Secretary shall give priority to an organization that--
(1) provides multiple forms of services described in
subsection (b); or
(2) is located in a State with--
(A) a high rate of unemployment among veterans;
(B) a high rate of usage of unemployment benefits for
recently separated members of the Armed Forces; or
(C) a labor force or economy that has been significantly
impacted by a covered public health emergency (as such term
is defined in section 131(n)).
(e) Amount of Grant.--A grant under this section shall be
in an amount that does not exceed 50 percent of the amount
required by the organization to provide the services
described in subsection (b).
(f) Deadline.--The Secretary shall carry out this section
not later than 180 days after the date of the enactment of
this Act.
(g) Termination.--The authority to provide a grant under
this section shall terminate on the date that is five years
after the date on which the Secretary implements the grant
program under this section.
SEC. 4305. ONE-YEAR INDEPENDENT ASSESSMENT OF THE
EFFECTIVENESS OF TRANSITION ASSISTANCE PROGRAM.
(a) Independent Assessment.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs, in consultation with the covered officials,
shall enter into an agreement with an appropriate entity with
experience in adult education to carry out a one-year
independent assessment of the Transition Assistance Program
under sections 1142 and 1144 of title 10, United States Code
(TAP), including--
(1) the effectiveness of the Transition Assistance Program
for members of each military department during the entire
military life cycle;
(2) the appropriateness of the career readiness standards
of the Transition Assistance Program;
(3) a review of information that is provided to the
Department of Veterans Affairs under the Transition
Assistance Program, including mental health data;
(4) whether the Transition Assistance Program effectively
addresses the challenges veterans face entering the civilian
workforce and in translating experience and skills from
military service to the job market;
(5) whether the Transition Assistance Program effectively
addresses the challenges faced by the families of veterans
making the transition to civilian life;
(6) appropriate metrics regarding outcomes of the
Transition Assistance Program for members of the Armed Forces
one year after separation, retirement, or discharge from the
Armed Forces;
(7) what the Secretary, in consultation with the covered
officials and veterans service organizations, determine to be
successful outcomes for the Transition Assistance Program;
(8) whether members of the Armed Forces achieve successful
outcomes for the Transition Assistance Program, as determined
under paragraph (7);
(9) how the Secretary and the covered officials provide
feedback to each other regarding such outcomes;
(10) recommendations for the Secretaries of the military
departments regarding how to improve outcomes for members of
the Armed Forces after separation, retirement, and discharge;
and
(11) other topics the Secretary and the covered officials
determine would aid members of the Armed Forces as they
transition to civilian life.
(b) Report.--Not later than 90 days after the completion of
the independent assessment under subsection (a), the
Secretary and the covered officials shall jointly submit to
the appropriate committees of Congress--
(1) the findings and recommendations (including recommended
legislation) of the independent assessment prepared by the
entity described in subsection (a); and
(2) responses of the Secretary and the covered officials to
the findings and recommendations described in paragraph (1).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Armed Services of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Armed Services of the House of Representatives.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Secretary of Defense;
(B) the Secretary of Labor;
(C) the Administrator of the Small Business Administration;
and
(D) the Secretaries of the military departments.
(3) Military department.--The term ``military department''
has the meaning given that term in section 101 of title 10,
United States Code.
SEC. 4306. LONGITUDINAL STUDY ON CHANGES TO TRANSITION
ASSISTANCE PROGRAM.
(a) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, the Secretary of
Labor, and the Administrator of the Small Business
Administration, shall conduct a five-year longitudinal study
regarding the Transition Assistance Program under sections
1142 and 1144 of title 10, United States Code (TAP), on three
separate cohorts of members of the Armed Forces who have
separated from the Armed Forces, including--
(1) a cohort that has attended counseling under the
Transition Assistance Program as implemented on the date of
the enactment of this Act;
(2) a cohort that attends counseling under the Transition
Assistance Program after the Secretary of Defense and the
Secretary of Labor implement changes recommended in the
report under section 136(b); and
(3) a cohort that has not attended counseling under the
Transition Assistance Program.
(b) Progress Reports.--Not later than 90 days after the
date that is one year after the date of the initiation of the
study under subsection (a), and annually thereafter for the
three subsequent years, the Secretary of Veterans Affairs,
the Secretary of Defense, the Secretary of Labor, and the
Administrator of the Small Business Administration shall
jointly submit to the appropriate committees of Congress a
progress report of activities under the study during the
immediately preceding year.
(c) Final Report.--
(1) In general.--Not later than 180 days after the
completion of the study under subsection (a), the Secretary
of Veterans Affairs, the Secretary of Defense, the Secretary
of Labor, and the Administrator of the Small Business
Administration shall jointly submit to the appropriate
committees of Congress a report of final findings and
recommendations based on the study.
(2) Elements.--The final report under paragraph (1) shall
include information regarding the following:
(A) The percentage of each cohort that received
unemployment benefits during the study under subsection (a).
(B) The numbers of months members of each cohort were
employed during the study.
(C) Annual starting and ending salaries of members of each
cohort who were employed during the study.
(D) How many members of each cohort enrolled in an
institution of higher learning, as that term is defined in
section 3452(f) of title 38, United States Code.
(E) The academic credit hours, degrees, and certificates
obtained by members of each cohort during the study.
(F) The annual income of members of each cohort.
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(G) The total household income of members of each cohort.
(H) How many members of each cohort own their principal
residences.
(I) How many dependents members of each cohort have.
(J) The percentage of each cohort that achieves a
successful outcome for the Transition Assistance Program, as
determined under section 136(a)(7).
(K) Other criteria the Secretaries and the Administrator of
the Small Business Administration determine appropriate.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the Committee on
Armed Services of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Armed Services of the House of Representatives.
TITLE V--DEBORAH SAMPSON
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Deborah Sampson Act of
2020''.
Subtitle A--Improving Access for Women Veterans to the Department of
Veterans Affairs
SEC. 5101. OFFICE OF WOMEN'S HEALTH IN DEPARTMENT OF VETERANS
AFFAIRS.
(a) Chief Officer of Women's Health.--Subsection (a) of
section 7306 of title 38, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) The Chief Officer of Women's Health.''.
(b) Organization of Office and Annual Reports.--
(1) In general.--Subchapter I of chapter 73 of title 38,
United States Code, is amended by adding at the end of the
following new sections:
``Sec. 7310. Office of Women's Health
``(a) Establishment.--(1) The Under Secretary for Health
shall establish and operate in the Veterans Health
Administration the Office of Women's Health (in this section
referred to as the `Office').
``(2) The Office shall be located at the Central Office of
the Department of Veterans Affairs.
``(3)(A) The head of the Office is the Chief Officer of
Women's Health (in this section referred to as the `Chief
Officer').
``(B) The Chief Officer shall report to the Under Secretary
for Health.
``(4) The Under Secretary for Health shall provide the
Office with such staff and other support as may be necessary
for the Office to carry out effectively the functions of the
Office under this section.
``(5) The Under Secretary for Health may reorganize
existing offices within the Veterans Health Administration as
of the date of the enactment of this section in order to
avoid duplication with the functions of the Office.
``(b) Functions.--The functions of the Office include the
following:
``(1) To provide a central office for monitoring and
encouraging the activities of the Veterans Health
Administration with respect to the provision, evaluation, and
improvement of health care services provided to women
veterans by the Department.
``(2) To develop and implement standards of care for the
provision of health care for women veterans by the
Department.
``(3) To monitor and identify deficiencies in standards of
care for the provision of health care for women veterans by
the Department, to provide technical assistance to medical
facilities of the Department to address and remedy
deficiencies, and to perform oversight of implementation of
such standards of care.
``(4) To monitor and identify deficiencies in standards of
care for the provision of health care for women veterans
provided through the community pursuant to this title and to
provide recommendations to the appropriate office to address
and remedy any deficiencies.
``(5) To oversee distribution of resources and information
related to health programming for women veterans under this
title.
``(6) To promote the expansion and improvement of clinical,
research, and educational activities of the Veterans Health
Administration with respect to the health care of women
veterans.
``(7) To provide, as part of the annual budgeting process,
recommendations with respect to the amounts to be requested
for furnishing hospital care and medical services to women
veterans pursuant to chapter 17 of this title, including, at
a minimum, recommendations that ensure that such amounts
either reflect or exceed the proportion of veterans enrolled
in the system of patient enrollment of the Department
established and operated under section 1705(a) of this title
who are women.
``(8) To provide recommendations to the Under Secretary for
Health with respect to modifying the Veterans Equitable
Resource Allocation system, or successor system, to ensure
that resource allocations under such system, or successor
system, reflect the health care needs of women veterans.
``(9) To carry out such other duties as the Under Secretary
for Health may require.
``(c) Recommendations.--(1) If the Under Secretary for
Health determines not to implement any recommendation made by
the Chief Officer with respect to the allocation of resources
to address the health care needs of women veterans, the
Secretary shall notify the appropriate congressional
committees of such determination by not later than 30 days
after the date on which the Under Secretary for Health
receives the recommendation.
``(2) Each notification under paragraph (1) relating to a
determination with respect to a recommendation shall include
the following:
``(A) The reasoning of the Under Secretary for Health in
making the determination.
``(B) An alternative, if one is selected, to the
recommendation that the Under Secretary for Health will carry
out to fulfill the health care needs of women veterans.
``(d) Standards of Care.--For purposes of carrying out the
functions of the Office under this section, the standards of
care for the provision of health care for women veterans from
the Department shall include, at a minimum, the following:
``(1) A requirement for--
``(A) at least one designated women's health primary care
provider at each medical center of the Department whose
duties include, to the extent practicable, providing training
to other health care providers of the Department with respect
to the needs of women veterans; and
``(B) at least one designated women's health primary care
provider at each community-based outpatient clinic of the
Department who may serve women patients as a percentage of
the total duties of the provider.
``(2) Other requirements as determined by the Under
Secretary for Health.
``(e) Outreach.--The Chief Officer shall ensure that--
``(1) not less frequently than biannually, each medical
facility of the Department holds a public forum for women
veterans that occurs outside of regular business hours; and
``(2) not less frequently than quarterly, each medical
facility of the Department convenes a focus group of women
veterans that includes a discussion of harassment occurring
at such facility.
``(f) Definitions.--In this section:
``(1) The term `appropriate congressional committees' has
the meaning given that term in section 7310A(h) of this
title.
``(2) The term `facility of the Department' has the meaning
given the term `facilities of the Department' in section
1701(3) of this title.
``(3) The term `Veterans Equitable Resource Allocation
system' means the resource allocation system established
pursuant to section 429 of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (Public Law 104-204; 110
Stat. 2929).
``Sec. 7310A. Annual reports on women's health
``(a) Annual Reports.--Not later than December 1 of each
year, the Chief Officer of Women's Health shall submit to the
appropriate congressional committees a report containing the
matters under subsections (b) through (g).
``(b) Office of Women's Health.--Each report under
subsection (a) shall include a description of--
``(1) actions taken by the Office of Women's Health
established under section 7310 of this title in the preceding
fiscal year to improve the provision of health care by the
Department to women veterans;
``(2) any identified deficiencies related to the provision
of health care by the Department to women veterans and the
standards of care established in such section and the plan of
the Department to address such deficiencies;
``(3) the funding and personnel provided to the Office and
whether additional funding or personnel are needed to meet
the requirements of such section; and
``(4) other information that would be of interest to the
appropriate congressional committees with respect to
oversight of the provision of health care by the Department
to women veterans.
``(c) Access to Gender-specific Services.--(1) Each report
under subsection (a) shall include an analysis of the access
of women veterans to gender-specific services under
contracts, agreements, or other arrangements with non-
Department medical providers entered into by the Secretary
for the provision of hospital care or medical services to
veterans.
``(2) The analysis under paragraph (1) shall include data
and performance measures for the availability of gender-
specific services described in such paragraph, including--
``(A) the average wait time between the preferred
appointment date of the veteran and the date on which the
appointment is completed;
``(B) the average driving time required for veterans to
attend appointments; and
``(C) reasons why appointments could not be scheduled with
non-Department medical providers.
``(d) Models of Care.--(1) Each report under subsection (a)
shall include an analysis of the use by the Department of
general primary care clinics, separate but shared spaces, and
women's health centers as delivery of care models for women
veterans.
``(2) The analysis under paragraph (1) shall include the
following:
``(A) The number of facilities of the Department that fall
into each delivery of care model described in such paragraph,
disaggregated by Veterans Integrated Service Network and
State.
[[Page S7359]]
``(B) A description of the criteria used by the Department
to determine which such model is most appropriate for each
facility of the Department.
``(C) An assessment of how the Department decides to make
investments to modify facilities to a different model.
``(D) A description of what, if any, plans the Department
has to modify facilities from general primary care clinics to
another model.
``(E) An assessment of whether any facilities could be
modified to a separate but shared space for a women's health
center within planned investments under the strategic capital
investment planning process of the Department.
``(F) An assessment of whether any facilities could be
modified to a separate or shared space or a women's health
center with minor modifications to existing plans under the
strategic capital investment planning process of the
Department.
``(G) An assessment of whether the Department has a goal
for how many facilities should fall into each such model.
``(e) Staffing.--Each report under subsection (a) shall
include an analysis of the staffing of the Department
relating to the treatment of women, including the following,
disaggregated by Veterans Integrated Service Network and
State (except with respect to paragraph (4)):
``(1) The number of women's health centers.
``(2) The number of patient aligned care teams of the
Department relating to women's health.
``(3) The number of full- and part-time gynecologists of
the Department.
``(4) The number of designated women's health care
providers of the Department, disaggregated by facility of the
Department.
``(5) The number of health care providers of the Department
who have completed a mini-residency for women's health care
through the Women Veterans Health Care Mini-Residency Program
of the Department during the one-year period preceding the
submittal of the report and the number of mini-residency
training slots for such program that are available during the
one-year period following such date.
``(6) The number of designated women's health care
providers of the Department who have sufficient women patient
loads or case complexities to retain their competencies and
proficiencies.
``(f) Accessibility and Treatment Options.--Each report
under subsection (a) shall include an analysis of the
accessibility and treatment options for women veterans,
including the following:
``(1) An assessment of wheelchair accessibility of women's
health centers of the Department, including, with respect to
each such center, an assessment of accessibility for each
kind of treatment provided at the center, including with
respect to radiology and mammography, that addresses all
relevant factors, including door sizes, hoists, and
equipment.
``(2) The options for women veterans to access mental
health providers and primary care providers who are women.
``(3) The options for women veterans at medical facilities
of the Department with respect to clothing sizes, including
for gowns, drawstring pants, and pajamas.
``(g) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate; and
``(B) the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.
``(2) The term `gender-specific services' means
mammography, obstetric care, gynecological care, and such
other services as the Secretary determines appropriate.''.
(2) References to health care and services.--The references
to health care and the references to services in sections
7310 and 7310A of title 38, United States Code, as added by
paragraph (1), are references to the health care and services
included in the medical benefits package provided by the
Department as in effect on the day before the date of the
enactment of this Act.
(3) Clerical amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 7309A the following new items:
``7310. Office of Women's Health.
``7310A. Annual reports on women's health.''.
(c) Initial Report.--The Chief Officer of Women's Health of
the Department of Veterans Affairs shall submit the initial
report under section 7310A of title 38, United States Code,
as added by subsection (b), by not later than one year after
the date of the enactment of this Act.
SEC. 5102. WOMEN VETERANS RETROFIT INITIATIVE.
(a) In General.--The Secretary of Veterans Affairs shall
prioritize the retrofitting of existing medical facilities of
the Department of Veterans Affairs with fixtures, materials,
and other outfitting measures to support the provision of
care to women veterans at such facilities.
(b) Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to
Congress, the Committee on Veterans' Affairs of the Senate,
and the Committee on Veterans' Affairs of the House of
Representatives a plan to address deficiencies in environment
of care for women veterans at medical facilities of the
Department.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An explanation of the specific environment of care
deficiencies that need correcting.
(B) An assessment of how the Secretary prioritizes
retrofitting existing medical facilities to support provision
of care to women veterans in comparison to other
requirements.
(C) A five-year strategic plan and cost projection for
retrofitting medical facilities of the Department to support
the provision of care to women veterans as required under
subsection (a).
(c) Authorization of Appropriations.--Subject to
appropriations and the plan under (b), there is authorized to
be appropriated to the Secretary $20,000,000 to carry out
subsection (a) in addition to amounts otherwise made
available to the Secretary for the purposes set forth in such
subsection.
SEC. 5103. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS AND
INSPECTIONS AT DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTERS.
(a) In General.--The Secretary of Veterans Affairs shall
establish a policy under which the environment of care
standards and inspections at medical centers of the
Department of Veterans Affairs include--
(1) an alignment of the requirements for such standards and
inspections with the women's health handbook of the Veterans
Health Administration;
(2) a requirement for the frequency of such inspections;
(3) delineation of the roles and responsibilities of staff
at each medical center who are responsible for compliance;
(4) the requirement that each medical center submit to the
Secretary and make publicly available a report on the
compliance of the medical center with the standards; and
(5) a remediation plan.
(b) Report.--Not later than 180 days 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' Affairs of the House of
Representatives a report certifying in writing that the
policy required by subsection (a) has been finalized and
disseminated to all medical centers of the Department.
SEC. 5104. PROVISION OF REINTEGRATION AND READJUSTMENT
SERVICES TO VETERANS AND FAMILY MEMBERS IN
GROUP RETREAT SETTINGS.
(a) In General.--Section 1712A of title 38, United States
Code, is amended--
(1) in subsection (a)(1)(B)--
(A) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb);
(B) by redesignating clauses (i) and (ii) as subclauses (I)
and (II);
(C) in the matter preceding subclause (I), as redesignated
by subparagraph (B), by striking ``Counseling'' and inserting
``(i) Counseling''; and
(D) by adding at the end the following new clause:
``(ii)(I) Except as provided in subclauses (IV) and (V),
counseling furnished to an individual under subparagraph (A)
may include reintegration and readjustment services described
in subclause (II) furnished in group retreat settings.
``(II) Reintegration and readjustment services described in
this subclause are the following:
``(aa) Information on reintegration of the individual into
family, employment, and community.
``(bb) Financial counseling.
``(cc) Occupational counseling.
``(dd) Information and counseling on stress reduction.
``(ee) Information and counseling on conflict resolution.
``(ff) Such other information and counseling as the
Secretary considers appropriate to assist the individual in
reintegration into family, employment, and community.
``(III) In furnishing reintegration and readjustment
services under subclause (I), the Secretary shall offer women
the opportunity to receive such services in group retreat
settings in which the only participants are women.
``(IV) An individual described in subparagraph (C)(v) may
receive reintegration and readjustment services under
subclause (I) of this clause only if the individual receives
such services with a family member described in subclause (I)
or (II) of such subparagraph.
``(V) In each of fiscal years 2021 through 2025, the
maximum number of individuals to whom integration and
readjustment services may be furnished in group retreat
settings under this subclause (I) shall not exceed 1,200
individuals.''.
(b) Request for Services.--Subsection (a)(2) of such
section is amended--
(1) by striking ``Upon'' and inserting ``(A) Upon'';
(2) by striking ``paragraph (1)(B)'' and inserting
``paragraph (1)(B)(i)''; and
(3) by adding at the end the following new subparagraph:
``(B) Upon the request of an individual described in
paragraph (1)(C), the Secretary shall furnish the individual
reintegration and readjustment services in group retreat
settings under paragraph (1)(B)(ii) if the Secretary
determines the experience will be therapeutically
appropriate.''.
SEC. 5105. PROVISION OF LEGAL SERVICES FOR WOMEN VETERANS.
(a) Agreement Required.--The Secretary of Veterans Affairs
shall enter into one or
[[Page S7360]]
more agreements with public or private entities to provide
legal services to women veterans.
(b) Focus.--The focus of an agreement entered into under
subsection (a) shall be to address the following unmet needs
of women veterans as set forth in the most recently completed
Community Homelessness Assessment, Local Education and
Networking Groups for Veterans (CHALENG for Veterans) survey:
(1) Child support.
(2) Prevention of eviction and foreclosure.
(3) Discharge upgrades.
(4) Financial guardianship.
(5) Credit counseling.
(6) Family reconciliation assistance.
SEC. 5106. COMPTROLLER GENERAL SURVEYS AND REPORT ON
SUPPORTIVE SERVICES PROVIDED FOR VERY LOW-
INCOME WOMEN VETERANS.
(a) Surveys.--
(1) Survey of women veterans.--The Comptroller General of
the United States shall survey women veterans who have
received or are receiving supportive services provided under
section 2044 of title 38, United States Code, to determine
satisfaction with the ability of such services to meet the
specific needs of such veterans.
(2) Survey of eligible entities.--The Comptroller General
shall survey eligible entities receiving financial assistance
under such section and other partners of the Department of
Veterans Affairs, including veterans service organizations
and the National Coalition of Homeless Veterans, on the view
of such entities and partners regarding--
(A) whether the Department is meeting the needs of women
veterans through the provision of supportive services under
such section; and
(B) any additional supportive services that may be required
to meet such needs.
(b) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the efforts of
the Department of Veterans Affairs to provide supportive
services to women veterans under section 2044 of title 38,
United States.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A review of how the Department determines which
categories of supportive services would be beneficial to
women veterans who receive services under such section.
(B) A description of the challenges women veterans who have
children face in accessing supportive services under such
section, including with respect to accessing--
(i) homeless shelters with their children;
(ii) homeless shelters that have restrictions on male
children; and
(iii) affordable child care.
(C) A description of how the Department identifies eligible
entities under such section that can provide supportive
services to meet the needs of women veterans, including
eligible entities with experience in--
(i) intimate partner violence;
(ii) legal matters pertaining especially to women veterans,
including temporary restraining orders and child care orders;
(iii) supportive services for children; and
(iv) the evaluation of which categories of services would
be beneficial to women veterans who receive such services
under such section.
(D) A description of how much the Department spends, from
funds appropriated to carry out such section and funds
provided under the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136), on supportive services
specifically for women veterans, and in particular, on the
services described in subparagraph (A).
(E) The results of the surveys conducted under subsection
(a).
(F) A review of the resources and programming offered to
woman veterans under such section.
(G) An assessment of such other areas as the Comptroller
General considers appropriate.
SEC. 5107. PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN
VETERANS.
(a) Assistance for Child Care for Certain Veterans
Receiving Health Care.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1709C. Assistance for child care for certain veterans
receiving health care
``(a) Program Required.--The Secretary shall carry out a
program to provide, subject to subsection (b), assistance to
qualified veterans described in subsection (c) to obtain
child care so that such veterans can receive health care
services described in subsection (c)(2).
``(b) Limitation on Period of Payments.--Assistance may be
provided to a qualified veteran under this section for
receipt of child care only during the period that the
qualified veteran--
``(1) receives the types of health care services described
in subsection (c)(2) at a facility of the Department; and
``(2) requires travel to and return from such facility for
the receipt of such health care services.
``(c) Qualified Veterans.--For purposes of this section, a
qualified veteran is a veteran who--
``(1) is the primary caretaker of a child or children; and
``(2)(A) receives from the Department--
``(i) regular mental health care services;
``(ii) intensive mental health care services; or
``(iii) such other intensive health care services that the
Secretary determines that provision of assistance to the
veteran to obtain child care would improve access to such
health care services by the veteran; or
``(B) is in need of regular or intensive mental health care
services from the Department, and but for lack of child care
services, would receive such health care services from the
Department.
``(d) Locations.--Not later than five years after the date
of the enactment of the Deborah Sampson Act of 2020, the
Secretary shall carry out the program at each medical center
of the Department.
``(e) Forms of Child Care Assistance.--(1) Child care
assistance under this section may include the following:
``(A) Stipends for the payment of child care offered by a
licensed child care center (either directly or through a
voucher program) that shall be, to the extent practicable,
modeled after the Department of Veterans Affairs Child Care
Subsidy Program established pursuant to section 630 of the
Treasury and General Government Appropriations Act, 2002
(Public Law 107-67; 115 Stat. 552).
``(B) Direct provision of child care at an on-site facility
of the Department.
``(C) Payments to private child care agencies.
``(D) Collaboration with facilities or programs of other
Federal agencies.
``(E) Such other forms of assistance as the Secretary
considers appropriate.
``(2) In providing child care assistance under this
section, the child care needs of the local area shall be
considered and the head of each medical center may select the
type of care that is most appropriate or feasible for such
medical center.
``(3) In the case that child care assistance under this
section is provided as a stipend under paragraph (1)(A), such
stipend shall cover the full cost of such child care.''.
(2) Conforming amendment.--Section 205(e) of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 38 U.S.C. 1710 note) is amended by striking
``September 30, 2020'' and inserting ``the date of the
enactment of the Deborah Sampson Act of 2020''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item relating to section 1709B the following new
item:
``1709C. Assistance for child care for certain veterans receiving
health care,''.
(b) Pilot Program on Assistance for Child Care for Certain
Veterans Receiving Readjustment Counseling and Related Mental
Health Services.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and
advisability of providing, subject to paragraph (2),
assistance to qualified veterans described in paragraph (3)
to obtain child care so that such veterans can receive
readjustment counseling and related mental health services.
(2) Limitation on period of payments.--Assistance may be
provided to a qualified veteran under the pilot program for
receipt of child care only during the period that the
qualified veteran receives readjustment counseling and
related health care services at a Vet Center.
(3) Qualified veterans.--For purposes of this subsection, a
qualified veteran is a veteran who--
(A) is the primary caretaker of a child or children; and
(B)(i) receives from the Department regular readjustment
counseling and related mental health services; or
(ii) is in need of regular readjustment counseling and
related mental health services from the Department, and but
for lack of child care services, would receive such
counseling and services from the Department.
(4) Locations.--The Secretary shall carry out the pilot
program in not fewer than three Readjustment Counseling
Service Regions selected by the Secretary for purposes of the
pilot program.
(5) Forms of child care assistance.--
(A) In general.--Child care assistance under the pilot
program may include the following:
(i) Stipends for the payment of child care offered by a
licensed child care center (either directly or through a
voucher program) that shall be, to the extent practicable,
modeled after the Department of Veterans Affairs Child Care
Subsidy Program established pursuant to section 630 of the
Treasury and General Government Appropriations Act, 2002
(Public Law 107-67; 115 Stat. 552).
(ii) Payments to private child care agencies.
(iii) Collaboration with facilities or programs of other
Federal agencies.
(iv) Such other forms of assistance as the Secretary
considers appropriate.
(B) Local area.--In providing child care assistance under
the pilot program, the child care needs of the local area
shall be considered and the head of each Vet Center may
select the type of care that is most appropriate or feasible
for such Vet Center.
(C) Use of stipend.--In the case that child care assistance
under the pilot program is provided as a stipend under
subparagraph
[[Page S7361]]
(A)(i), such stipend shall cover the full cost of such child
care.
(6) Duration.--The pilot program shall be carried out
during the two-year period beginning on the date of the
commencement of the pilot program.
(7) Report.--
(A) In general.--Not later than 180 days after the
completion of the pilot program, the Secretary shall submit
to Congress a report on the pilot program.
(B) Elements.--The report required by subparagraph (A)
shall include the findings and conclusions of the Secretary
regarding the pilot program, and shall include such
recommendations for the continuation or expansion of the
pilot program as the Secretary considers appropriate.
(8) Vet center defined.--In this subsection, the term ``Vet
Center'' has the meaning given that term in section 1712A(h)
of title 38, United States Code.
SEC. 5108. AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS
FROM DEPARTMENT OF VETERANS AFFAIRS.
(a) Access at Each Medical Facility.--Section 1714(a) of
title 38, United States Code, is amended--
(1) by striking ``(a) Any veteran'' and inserting ``(a)(1)
Any veteran''; and
(2) by adding at the end the following new paragraph:
``(2) In furnishing prosthetic appliances under paragraph
(1), the Secretary shall ensure women veterans are able to
access clinically appropriate prosthetic appliances through
each medical facility of the Department.''.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the availability from the
Department of Veterans Affairs of prosthetics made for women
veterans, including an assessment of the availability of such
prosthetics at medical facilities of the Department.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a list of all devices classified by the Department as
prosthetic devices, including a breakdown of whether a device
is considered gender-neutral or gender-specific;
(B) for gender-neutral devices, a breakdown of sizing;
(C) the average time it takes for a woman veteran to
receive a prosthetic device after it is prescribed,
disaggregated by Veterans Integrated Service Network and
medical center of the Department;
(D) the total number of women veterans utilizing the
Department for prosthetic services, disaggregated by facility
of the Department;
(E) an assessment of efforts by the Department on research,
development, and employment of additive manufacture
technology (commonly referred to as 3D printing) to provide
prosthetic items for women veterans;
(F) the results of a survey with a representative sample of
not fewer than 50,000 veterans (of which women shall be
overrepresented) in an amputee care program on satisfaction
with prosthetics furnished or procured by the Department that
replace appendages or their function; and
(G) such other information as the Secretary considers
appropriate.
SEC. 5109. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS
AFFAIRS WOMEN VETERANS CALL CENTER.
The Secretary of Veterans Affairs shall enhance the
capabilities of the women veterans call center of the
Department of Veterans Affairs to respond to requests by
women veterans for assistance with accessing health care and
benefits furnished under the laws administered by the
Secretary.
SEC. 5110. STUDY ON INFERTILITY SERVICES FURNISHED AT
DEPARTMENT OF VETERANS AFFAIRS.
(a) Study Required.--The Secretary of Veterans Affairs
shall conduct a study on the infertility services offerings
at the Department of Veterans Affairs.
(b) Elements.--The study conducted under subsection (a)
shall include the following:
(1) An assessment of the following:
(A) The availability of infertility services at facilities
of the Department and through laws administered by the
Secretary for the provision of non-Department care.
(B) The demand for such services from eligible individuals.
(2) Identification of potential challenges in accessing
infertility services for eligible individuals.
(3) An analysis of Department resources for the furnishing
of infertility services, including analysis of Department
workforce and non-Department providers.
(4) Development of recommendations for the improvement of
infertility services under laws administered by the Secretary
to improve eligible individuals' access, delivery of
services, and health outcomes.
(c) 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' Affairs of the House of
Representatives a report on the study conducted under
subsection (a).
(d) Eligible Individual Defined.--In this section, the term
``eligible individual'' means an individual who is a veteran
who is eligible for and enrolled in the health care system of
the Department under section 1705(a) of title 38, United
States Code.
SEC. 5111. SENSE OF CONGRESS ON ACCESS TO FACILITIES OF
DEPARTMENT OF VETERANS AFFAIRS BY RESERVISTS
FOR COUNSELING AND TREATMENT RELATING TO
MILITARY SEXUAL TRAUMA.
(a) In General.--It is the sense of Congress that members
of the reserve components of the Armed Forces, including
members of the National Guard, should be able to access all
health care facilities of the Department of Veterans Affairs,
not just Vet Centers, to receive counseling and treatment
relating to military sexual trauma.
(b) Definitions.--In this section:
(1) Military sexual trauma.--The term ``military sexual
trauma'' has the meaning given such term in section 1164(c)
of title 38, United States Code, as added by section 5501(a)
of this title.
(2) Vet center.--The term ``Vet Center'' has the meaning
given that term in section 1712A(h) of such title.
Subtitle B--Increasing Staff Cultural Competency
SEC. 5201. STAFFING OF WOMEN'S HEALTH PRIMARY CARE PROVIDERS
AT MEDICAL FACILITIES OF DEPARTMENT OF VETERANS
AFFAIRS.
The Secretary of Veterans Affairs shall ensure that each
medical facility of the Department of Veterans Affairs has
not fewer than one full-time or part-time women's health
primary care provider whose duties include, to the extent
possible, providing training to other health care providers
of the Department on the needs of women veterans.
SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY CARE AND EMERGENCY
CARE CLINICIANS IN WOMEN VETERANS HEALTH CARE
MINI-RESIDENCY PROGRAM.
(a) In General.--There is authorized to be appropriated to
the Secretary of Veterans Affairs $1,000,000 for each fiscal
years 2021 through 2025 to provide opportunities for
participation in the Women Veterans Health Care Mini-
Residency Program of the Department of Veterans Affairs for
primary care and emergency care clinicians.
(b) Treatment of Amounts.--The amounts authorized to be
appropriated under subsection (a) shall be in addition to
amounts otherwise made available to the Secretary for the
purposes set forth in such subsection.
SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN TRAINING MODULE FOR
NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish and make available to community providers a
training module that is specific to women veterans.
(b) Training Materials Provided.--Under the training module
established and made available to community providers under
subsection (a), the Secretary shall provide to community
providers the same training materials relating to treatment
of women veterans that is provided to health care providers
of the Department of Veterans Affairs to ensure that all
health care providers treating women veterans have access to
the same materials to support competency throughout the
community.
(c) Administration of Training Module.--The Secretary shall
administer the training module established under subsection
(a) to community providers through an internet website of the
Department.
(d) Annual Report.--Not later than one year after the
establishment of the training module under subsection (a),
and annually thereafter, the Secretary shall submit to
Congress a report on--
(1) the utilization by community providers of the training
module; and
(2) the effectiveness of the training module.
(e) Definitions.--In this section:
(1) Community provider.--The term ``community provider''
means a non-Department of Veterans Affairs health care
provider who provides preauthorized health care to veterans
under the laws administered by the Secretary of Veterans
Affairs.
(2) Preauthorized health care.--The term ``preauthorized
health care'' means health care provided to a veteran that is
authorized by the Secretary before being provided.
SEC. 5204. STUDY ON STAFFING OF WOMEN VETERAN PROGRAM MANAGER
PROGRAM AT MEDICAL CENTERS OF DEPARTMENT OF
VETERANS AFFAIRS AND TRAINING OF STAFF.
(a) Study.--The Secretary of Veterans Affairs shall conduct
a study on the use of the Women Veteran Program Manager
program of the Department of Veterans Affairs to determine--
(1) if the program is appropriately staffed at each medical
center of the Department;
(2) whether each medical center of the Department is
staffed with a Women Veteran Program Manager; and
(3) whether it would be feasible and advisable to have a
Women Veteran Program Ombudsman at each medical center of the
Department.
(b) Report.--Not later than 270 days 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' Affairs of the House of
Representatives a report on the study conducted under
subsection (a).
(c) Training.--The Secretary shall ensure that all Women
Veteran Program Managers and Women Veteran Program Ombudsmen
[[Page S7362]]
receive the proper training to carry out their duties.
SEC. 5205. STUDY ON WOMEN VETERAN COORDINATOR PROGRAM.
(a) Study and Report Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall--
(1) complete a study on the Women Veteran Coordinator
program of the Veterans Benefits Administration of the
Department of Veterans Affairs; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary
with respect to the study completed under paragraph (1).
(b) Elements.--The study required by subsection (a)(1)
shall identify the following:
(1) If the program described in such subsection is
appropriately staffed at each regional benefits office of the
Department.
(2) Whether each regional benefits office of the Department
is staffed with a Women Veteran Coordinator.
(3) The position description of the Women Veteran
Coordinator.
(4) Whether an individual serving in the Women Veteran
Coordinator position concurrently serves in any other
position, and if so, the allocation of time the individual
spends in each such position.
(5) A description of the metrics the Secretary uses to
determine the job performance and effectiveness of the Women
Veteran Coordinator.
SEC. 5206. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS OF
DEPARTMENT OF VETERANS AFFAIRS WHO ARE WOMEN.
(a) Assessment of Capacity.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Inspector General of the Department
of Veterans Affairs, shall commence an assessment of the
capacity of peer specialists of the Department of Veterans
Affairs who are women.
(2) Elements.--The assessment required by paragraph (1)
shall include an assessment of the following:
(A) The geographical distribution of peer specialists of
the Department who are women.
(B) The geographical distribution of women veterans.
(C) The number and proportion of women peer specialists who
specialize in peer counseling on mental health or suicide
prevention.
(D) The number and proportion of women peer specialists who
specialize in peer counseling on non-mental health related
matters.
(b) Report.--Not later than one year after the assessment
required by subsection (a) has commenced, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report detailing the findings of the
assessment.
(c) Staffing Improvement Plan.--
(1) In general.--Not later than 180 days after submitting
the report under subsection (b), the Secretary, in
consultation with the Inspector General, shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a plan, based on the results of the
assessment required by subsection (a), to hire additional
qualified peer specialists who are women, with special
consideration for areas that lack peer specialists who are
women.
(2) Elements.--The peer specialist positions included in
the plan required by paragraph (1)--
(A) shall be non-volunteer, paid positions; and
(B) may be part-time positions.
Subtitle C--Eliminating Harassment and Assault
SEC. 5301. EXPANSION OF COVERAGE BY DEPARTMENT OF VETERANS
AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL
TRAUMA.
(a) Expansion of Eligibility for Counseling and
Treatment.--Section 1720D of title 38, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``active duty, active
duty for training, or inactive duty training'' and inserting
``duty, regardless of duty status or line of duty
determination (as that term is used in section 12323 of title
10)''; and
(B) in paragraph (2)(A), by striking ``active duty, active
duty for training, or inactive duty training'' and inserting
``duty, regardless of duty status or line of duty
determination (as that term is used in section 12323 of title
10)'';
(2) by striking ``veteran'' each place it appears and
inserting ``former member of the Armed Forces'';
(3) by striking ``veterans'' each place it appears and
inserting ``former members of the Armed Forces''; and
(4) by adding at the end the following new subsection:
``(g) In this section, the term `former member of the Armed
Forces' includes the following:
``(1) A veteran.
``(2) An individual described in section 1720I(b) of this
title.''.
(b) Inclusion of Treatment for Physical Health
Conditions.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``, to include care for physical health
conditions, as appropriate,'' after ``counseling and
appropriate care and services'';
(ii) by striking ``overcome psychological trauma'' and
inserting ``treat a condition''; and
(iii) by striking ``mental health professional'' and
inserting ``health care professional''; and
(B) in paragraph (2)(A), by striking ``overcome
psychological trauma'' and inserting ``treat a condition'';
and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``and other health care
professionals'' after ``mental health professionals''; and
(B) in paragraph (2)(A), by inserting ``and other health
care professionals'' after ``mental health professionals''.
SEC. 5302. ASSESSMENT OF EFFECTS OF INTIMATE PARTNER VIOLENCE
ON WOMEN VETERANS BY ADVISORY COMMITTEE ON
WOMEN VETERANS.
Section 542(c)(1) of title 38, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) an assessment of the effects of intimate partner
violence on women veterans; and''.
SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL ASSAULT POLICY OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter II of chapter 5 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 533. Anti-harassment and anti-sexual assault policy
``(a) Establishment.--(1) The Secretary, acting through the
Office of Assault and Prevention of the Veterans Health
Administration, shall establish a comprehensive policy to end
harassment and sexual assault, including sexual harassment
and gender-based harassment, throughout the Department.
``(2) The policy required by paragraph (1) shall include
the following:
``(A) A process for employees and contractors of the
Department to respond to reported incidents of harassment and
sexual assault committed by any non-Department individual
within a facility of the Department, including with respect
to accountability or disciplinary measures.
``(B) A process for employees and contractors of the
Department to respond to reported incidents of harassment and
sexual assault of any non-Department individual within a
facility of the Department.
``(C) A process for any non-Department individual to report
harassment and sexual assault described in subparagraph (A),
including an option for confidential reporting, and for the
Secretary to respond to and address such reports.
``(D) Clear mechanisms for non-Department individuals to
readily identify to whom and how to report incidents of
harassment and sexual assault committed by another non-
Department individual.
``(E) Clear mechanisms for employees and contractors of the
Department to readily identify to whom and how to report
incidents of harassment and sexual assault and how to refer
non-Department individuals with respect to reporting an
incident of harassment or sexual assault.
``(F) A process for, and mandatory reporting requirement
applicable to, any employee or contractor of the Department
who witnesses harassment or sexual assault described in
subparagraph (A) or (B) within a facility of the Department,
regardless of whether the individual affected by such
harassment or sexual assault wants to report such harassment
or sexual assault.
``(G) The actions possible, including disciplinary actions,
for employees or contractors of the Department who fail to
report incidents of harassment and sexual assault described
in subparagraph (A) or (B) that the employees or contractors
witness.
``(H) On an annual or more frequent basis, mandatory
training for employees and contractors of the Department
regarding how to report and address harassment and sexual
assault described in subparagraphs (A) and (B), including
bystander intervention training.
``(I) On an annual or more frequent basis, the distribution
of the policy under this subsection and anti-harassment and
anti-sexual assault educational materials by mail or email to
each individual receiving a benefit under a law administered
by the Secretary.
``(J) The prominent display of anti-harassment and anti-
sexual assault messages in each facility of the Department,
including how non-Department individuals may report
harassment and sexual assault described in subparagraphs (A)
and (B) at such facility and the points of contact under
subsection (b).
``(K) The posting on internet websites of the Department,
including the main internet website regarding benefits of the
Department and the main internet website regarding health
care of the Department, of anti-harassment and anti-sexual
assault banners specifically addressing harassment and sexual
assault described in subparagraphs (A) and (B).
[[Page S7363]]
``(b) Points of Contact.--The Secretary shall designate, as
a point of contact to receive reports of harassment and
sexual assault described in subparagraphs (A) and (B) of
subsection (a)(2)--
``(1) at least one individual, in addition to law
enforcement, at each facility of the Department (including
Vet Centers under section 1712A of this title), with regard
to that facility;
``(2) at least one individual employed in each Veterans
Integrated Service Network, with regard to facilities in that
Veterans Integrated Service Network;
``(3) at least one individual employed in each regional
benefits office;
``(4) at least one individual employed at each location of
the National Cemetery Administration; and
``(5) at least one individual employed at the Central
Office of the Department to track reports of such harassment
and sexual assault across the Department, disaggregated by
facility.
``(c) Accountability.--(1) The Secretary shall establish a
policy to ensure that each facility of the Department and
each director of a Veterans Integrated Service Network is
responsible for addressing harassment and sexual assault at
the facility and the Network.
``(2) The policy required by paragraph (1) shall include--
``(A) a remediation plan for facilities that experience
five or more incidents of sexual harassment, sexual assault,
or combination thereof, during any single fiscal year; and
``(B) taking appropriate actions under chapter 7 or
subchapter V of chapter 74 of this title.
``(d) Data.--The Secretary shall ensure that the in-take
process for veterans at medical facilities of the Department
includes a survey to collect the following information:
``(1) Whether the veteran feels safe at the facility and
whether any events occurred at the facility that affect such
feeling.
``(2) Whether the veteran wants to be contacted later by
the Department with respect to such safety issues.
``(e) Working Group.--(1) The Secretary shall establish a
working group to assist the Secretary in implementing
policies to carry out this section.
``(2) The working group established under paragraph (1)
shall consist of representatives from--
``(A) veterans service organizations;
``(B) State, local, and Tribal veterans agencies; and
``(C) other persons the Secretary determines appropriate.
``(3) The working group established under paragraph (1)
shall develop, and the Secretary shall carry out--
``(A) an action plan for addressing changes at the local
level to reduce instances of harassment and sexual assault;
``(B) standardized media for veterans service organizations
and other persons to use in print and on the internet with
respect to reducing harassment and sexual assault; and
``(C) bystander intervention training for veterans.
``(4) The working group established under paragraph (1)
shall not be subject to the requirements of the Federal
Advisory Committee Act (5 U.S.C. App.).
``(f) Annual Reports.--(1) The Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives an annual report on harassment and sexual
assault described in subparagraphs (A) and (B) of subsection
(a)(2) in facilities of the Department.
``(2) Each report submitted under paragraph (1) shall
include the following:
``(A) Results of harassment and sexual assault programming,
including the End Harassment program.
``(B) Results of studies from the Women's Health Practice-
Based Research Network of the Department relating to
harassment and sexual assault.
``(C) Data collected on incidents of sexual harassment and
sexual assault.
``(D) A description of any actions taken by the Secretary
during the year preceding the date of the report to stop
harassment and sexual assault at facilities of the
Department.
``(E) An assessment of the implementation of the training
required in subsection (a)(2)(H).
``(F) A list of resources the Secretary determines
necessary to prevent harassment and sexual assault at
facilities of the Department.
``(g) Definitions.--In this section:
``(1) The term `non-Department individual' means any
individual present at a facility of the Department who is not
an employee or contractor of the Department.
``(2) The term `sexual harassment' means unsolicited verbal
or physical contact of a sexual nature which is threatening
in character.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 532 the following new item:
``533. Anti-harassment and anti-sexual assault policy.''.
(c) Definition of Sexual Harassment.--Section 1720D(f) of
such title is amended by striking ``repeated,''.
(d) Deadline.--The Secretary shall commence carrying out
section 533 of such title, as added by subsection (a), not
later than 180 days after the date of enactment of this Act.
SEC. 5304. PILOT PROGRAM ON ASSISTING VETERANS WHO EXPERIENCE
INTIMATE PARTNER VIOLENCE OR SEXUAL ASSAULT.
(a) Pilot Program Required.--The Secretary of Veterans
Affairs shall carry out a pilot program to assess the
feasibility and advisability of assisting former members of
the Armed Forces who have experienced or are experiencing
intimate partner violence or sexual assault in accessing
benefits from the Department of Veterans Affairs, including
coordinating access to medical treatment centers, housing
assistance, and other benefits from the Department.
(b) Duration.--The Secretary shall carry out the pilot
program under subsection (a) during the two-year period
beginning on the date of the commencement of the pilot
program.
(c) Collaboration.--The Secretary shall carry out the pilot
program under subsection (a) in collaboration with--
(1) intimate partner violence shelters and programs;
(2) rape crisis centers;
(3) State intimate partner violence and sexual assault
coalitions; and
(4) such other health care or other service providers that
serve intimate partner violence or sexual assault victims as
determined by the Secretary, particularly those providing
emergency services or housing assistance.
(d) Authorized Activities.--In carrying out the pilot
program under subsection (a), the Secretary may conduct the
following activities:
(1) Training for community-based intimate partner violence
or sexual assault service providers on--
(A) identifying former members of the Armed Forces who have
been victims of, or are currently experiencing, intimate
partner violence or sexual assault;
(B) coordinating with local service providers of the
Department; and
(C) connecting former members of the Armed Forces with
appropriate housing, mental health, medical, and other
financial assistance or benefits from the Department.
(2) Assistance to service providers to ensure access of
veterans to intimate partner violence and sexual assault
emergency services, particularly in underserved areas,
including services for Native American veterans (as defined
in section 3765 of title 38, United States Code).
(3) Such other outreach and assistance as the Secretary
determines necessary for the provision of assistance under
subsection (a).
(e) Intimate Partner Violence and Sexual Assault Outreach
Coordinators.--
(1) In general.--In order to effectively assist veterans
who have experienced intimate partner violence or sexual
assault, the Secretary may establish local coordinators to
provide outreach under the pilot program required by
subsection (a).
(2) Local coordinator knowledge.--The Secretary shall
ensure that each coordinator established under paragraph (1)
is knowledgeable about--
(A) the dynamics of intimate partner violence and sexual
assault, including safety concerns, legal protections, and
the need for the provision of confidential services;
(B) the eligibility of veterans for services and benefits
from the Department that are relevant to recovery from
intimate partner violence and sexual assault, particularly
emergency housing assistance, mental health care, other
health care, and disability benefits; and
(C) local community resources addressing intimate partner
violence and sexual assault.
(3) Local coordinator assistance.--Each coordinator
established under paragraph (1) shall assist intimate partner
violence shelters and rape crisis centers in providing
services to veterans.
(f) Report.--
(1) In general.--Not later than 180 days after the
completion of the pilot program under subsection (a), the
Secretary shall submit to Congress a report on the pilot
program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The findings and conclusions of the Secretary with
respect to the pilot program.
(B) Such recommendations for continuing or expanding the
pilot program as the Secretary considers appropriate.
(g) Definitions.--In this section:
(1) Intimate partner.--
(A) In general.--The term ``intimate partner'' means a
person with whom one has a close personal relationship that
may be characterized by the partners' emotional
connectedness, regular contact, ongoing physical contact and
sexual behavior, identity as a couple, and familiarity and
knowledge about each other's lives.
(B) Close personal relationships.--In this paragraph, the
term ``close personal relationships'' includes the following:
(i) A relationship between married spouses.
(ii) A relationship between common-law spouses.
(iii) A relationship between civil union spouses.
(iv) A relationship between domestic partners.
(v) A relationship between dating partners.
(vi) A relationship between ongoing sexual partners.
(2) Intimate partner violence.--The term ``intimate partner
violence'' includes physical violence, sexual violence,
stalking, and psychological aggression, including coercive
tactics by a current or former intimate partner.
[[Page S7364]]
SEC. 5305. STUDY AND TASK FORCE ON VETERANS EXPERIENCING
INTIMATE PARTNER VIOLENCE OR SEXUAL ASSAULT.
(a) National Baseline Study.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Attorney General, shall conduct a
national baseline study to examine the scope of the problem
of intimate partner violence and sexual assault among
veterans and spouses and intimate partners of veterans.
(2) Matters included.--The study under paragraph (1)
shall--
(A) include a literature review of all relevant research on
intimate partner violence and sexual assault among veterans
and spouses and intimate partners of veterans;
(B) examine the prevalence of the experience of intimate
partner violence among--
(i) women veterans;
(ii) veterans who are minority group members (as defined in
section 544 of title 38, United States Code, and including
other minority populations as the Secretary determines
appropriate);
(iii) urban and rural veterans;
(iv) veterans who are enrolled in a program under section
1720G of title 38, United States Code;
(v) veterans who are in intimate relationships with other
veterans; and
(vi) veterans who are described in more than one clause of
this subparagraph;
(C) examine the prevalence of the perpetration of intimate
partner violence by veterans; and
(D) include recommendations to address the findings of the
study.
(3) Report.--Not later than 30 days after the date on which
the Secretary completes the study under paragraph (1), the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on such study.
(b) Task Force.--
(1) In general.--Not later than 90 days after the date on
which the Secretary completes the study under subsection (a),
the Secretary, in consultation with the Attorney General and
the Secretary of Health and Human Services, shall establish a
national task force (in this section referred to as the
``Task Force'') to develop a comprehensive national program,
including by integrating facilities, services, and benefits
of the Department of Veterans Affairs into existing networks
of community-based intimate partner violence and sexual
assault services, to address intimate partner violence and
sexual assault among veterans.
(2) Leadership.--The Secretary of Veterans Affairs shall
lead the Task Force in collaboration with the Attorney
General and the Secretary of Health and Human Services.
(c) Consultation With Stakeholders.--In carrying out this
section, the Task Force shall consult with--
(1) representatives from veteran service organizations and
military service organizations;
(2) representatives from not fewer than three national
organizations or State coalitions with demonstrated expertise
in intimate partner violence prevention, response, or
advocacy; and
(3) representatives from not fewer than three national
organizations or State coalitions, particularly those
representing underserved and ethnic minority communities,
with demonstrated expertise in sexual assault prevention,
response, or advocacy.
(d) Duties.--The duties of the Task Force shall include the
following:
(1) To review existing services and policies of the
Department and develop a comprehensive national program to be
carried out by the Secretary of Veterans Affairs, in
collaboration with the heads of relevant Federal agencies, to
address intimate partner violence and sexual assault
prevention, response, and treatment.
(2) To review the feasibility and advisability of
establishing an expedited process to secure emergency,
temporary benefits, including housing or other benefits, for
veterans who are experiencing intimate partner violence or
sexual assault.
(3) To review and make recommendations regarding the
feasibility and advisability of establishing dedicated,
temporary housing assistance for veterans experiencing
intimate partner violence or sexual assault.
(4) To identify any requirements regarding intimate partner
violence assistance or sexual assault response and services
that are not being met by the Department and make
recommendations on how the Department can meet such
requirements.
(5) To review and make recommendations regarding the
feasibility and advisability of providing direct services or
contracting for community-based services for veterans in
response to a sexual assault, including through the use of
sexual assault nurse examiners, particularly in underserved
or remote areas, including services for Native American
veterans.
(6) To review the availability of counseling services
provided by the Department and through peer network support,
and to provide recommendations for the enhancement of such
services, to address--
(A) the perpetration of intimate partner violence and
sexual assault; and
(B) the recovery of veterans, particularly women veterans,
from intimate partner violence and sexual assault.
(7) To review and make recommendations to expand services
available for veterans at risk of perpetrating intimate
partner violence.
(e) Report.--Not later than one year after the date of the
enactment of this Act, and not less frequently than annually
thereafter by October 1 of each year, the Task Force shall
submit to the Secretary of Veterans Affairs and Congress a
report on the activities of the Task Force, including any
recommendations for legislative or administrative action.
(f) Nonapplicability of FACA.--The Task Force shall not be
subject to the requirements of the Federal Advisory Committee
Act (5 U.S.C. App.).
(g) Definitions.--In this section:
(1) Native american veteran.--The term ``Native American
veteran'' has the meaning given that term in section 3765 of
title 38, United States Code.
(2) State.--The term ``State'' has the meaning given that
term in section 101 of title 38, United States Code.
Subtitle D--Data Collection and Reporting
SEC. 5401. REQUIREMENT FOR COLLECTION AND ANALYSIS OF DATA ON
DEPARTMENT OF VETERANS AFFAIRS BENEFITS AND
SERVICES AND DISAGGREGATION OF SUCH DATA BY
GENDER, RACE, AND ETHNICITY.
The Secretary of Veterans Affairs shall--
(1) collect and analyze data on each program of the
Department of Veterans Affairs that provides a service or
benefit to a veteran, including the program carried out under
section 1144 of title 10, United States Code;
(2) disaggregate such data by gender, race, and ethnicity,
when the data lends itself to such disaggregation; and
(3) publish the data collected and analyzed under paragraph
(1), except for such cases in which the Secretary determines
that some portions of the data would undermine the anonymity
of a veteran.
SEC. 5402. STUDY ON BARRIERS FOR WOMEN VETERANS TO RECEIPT OF
HEALTH CARE FROM DEPARTMENT OF VETERANS
AFFAIRS.
(a) Study Required.--The Secretary of Veterans Affairs
shall conduct a comprehensive study of the barriers to the
provision of health care by the Department of Veterans
Affairs encountered by women who are veterans.
(b) Survey.--In conducting the study required by subsection
(a), the Secretary shall--
(1) survey women veterans who seek or receive hospital care
or medical services provided by the Department as well as
women veterans who do not seek or receive such care or
services;
(2) administer the survey to a representative sample of
women veterans from each Veterans Integrated Service Network;
and
(3) ensure that the sample of women veterans surveyed is of
sufficient size for the study results to be statistically
significant and is a larger sample than that of the study
specified in subsection (c)(1).
(c) Use of Previous Studies.--In conducting the study
required by subsection (a), the Secretary shall build on the
work of the studies of the Department titled--
(1) ``National Survey of Women Veterans in Fiscal Year
2007-2008''; and
(2) ``Study of Barriers for Women Veterans to VA Health
Care 2015''.
(d) Elements of Study.--In conducting the study required by
subsection (a), the Secretary shall conduct research on the
effects of the following on the women veterans surveyed in
the study:
(1) The barriers associated with seeking mental health care
services, including with respect to provider availability,
telehealth access, and family, work, and school obligations.
(2) The effect of driving distance or availability of other
forms of transportation to the nearest medical facility on
access to care.
(3) The effect of access to care from non-Department
providers.
(4) The availability of child care.
(5) The satisfaction of such veterans with the provision by
the Department of integrated primary care, women's health
clinics, or both, including perceptions of quality of care,
safety, and comfort.
(6) The understanding and perceived accessibility among
such veterans of eligibility requirements for, and the scope
of services available under, hospital care and medical
services.
(7) The perception of such veterans of personal safety and
comfort in inpatient, outpatient, and behavioral health
facilities.
(8) The gender sensitivity of health care providers and
staff to issues that particularly affect women.
(9) The effectiveness of outreach for health care services
available to women veterans.
(10) The location and operating hours of health care
facilities that provide services to women veterans.
(11) The perception of such veterans of the motto of the
Department.
(12) Such other significant barriers as the Secretary
considers appropriate.
(e) Discharge by Contract.--The Secretary shall enter into
a contract with a qualified independent entity or
organization to carry out the study and research required
under this section.
(f) Mandatory Review of Data by Certain Department
Divisions.--
(1) Review.--
(A) In general.--The Secretary shall ensure that the head
of each division of the Department of Veterans Affairs
specified in paragraph (2) reviews the results of the study
conducted under this section.
[[Page S7365]]
(B) Submittal of findings.--The head of each division
specified in paragraph (2) shall submit findings with respect
to the study under this section to the Under Secretary of the
Department with responsibilities relating to health care
services for women veterans.
(2) Specified divisions.--The divisions of the Department
of Veterans Affairs specified in this paragraph are the
following:
(A) The Office of the Under Secretary for Health.
(B) The Office of Women's Health established under section
7310 of title 38, United States Code.
(C) The Center for Women Veterans under section 318 of such
title.
(D) The Advisory Committee on Women Veterans established
under section 542 of such title.
(g) Report.--
(1) In general.--Not later than 30 months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the study required under this section.
(2) Elements.--The report under paragraph (1) shall
include--
(A) the findings of the head of each division of the
Department specified under subsection (f)(2); and
(B) recommendations for such administrative and legislative
action as the Secretary considers appropriate.
SEC. 5403. STUDY ON FEASIBILITY AND ADVISABILITY OF OFFERING
PARENTING STAIR PROGRAM AT ALL MEDICAL CENTERS
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall
conduct a study on the feasibility and advisability of
expanding the Parenting STAIR program to all medical centers
of the Department of Veterans Affairs and including such
program as part of care for military sexual trauma for
affected members and former members of the Armed Forces.
(b) Elements.--In conducting the study under subsection
(a), the Secretary shall assess--
(1) staffing needed to offer the Parenting STAIR program at
all medical centers of the Department;
(2) any additional infrastructure or resources (such as
child care during the program) needed for the expansion of
the program; and
(3) such other factors relevant to the expansion of the
program as the Secretary considers appropriate.
(c) Reports to Congress.--
(1) Interim 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' Affairs of the House of
Representatives a report detailing--
(A) the current number and locations of all facilities of
the Department offering the Parenting STAIR program; and
(B) the number of veterans served by such program in the
most recent fiscal year or calendar year for which data is
available.
(2) Final report.--Not later than three years 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' Affairs of the House of
Representatives a report detailing--
(A) the results of the study conducted under subsection
(a);
(B) an update on how many veterans have used the Parenting
STAIR program since its development in fiscal year 2017,
disaggregated by year, including the locations in which
veterans have used such program; and
(C) a determination on the feasibility and advisability of
expanding the Parenting STAIR program to all medical
facilities of the Department offering care for military
sexual trauma.
(d) Definitions.--In this section:
(1) Affected members and former members of the armed
forces.--The term ``affected members and former members of
the Armed Forces'' means members and former members of the
Armed Forces who are parents and have experienced military
sexual trauma.
(2) Military sexual trauma.--The term ``military sexual
trauma'' has the meaning given such term in section 1164(c)
of title 38, United States Code, as added by section 5501(a)
of this title.
(3) Parenting stair program.--The term ``Parenting STAIR
program'' means the program of the Department of Veterans
Affairs that consists of a five-session, parenting-specific
treatment protocol based on skills training in affective and
interpersonal regulation (commonly referred to as ``STAIR''),
which is a cognitive behavioral therapy that has been
identified as a promising practice for treating post-
traumatic stress disorder, including chronic and complicated
forms, among individuals with co-occurring disorders.
Subtitle E--Benefits Matters
SEC. 5501. EVALUATION OF SERVICE-CONNECTION OF MENTAL HEALTH
CONDITIONS RELATING TO MILITARY SEXUAL TRAUMA.
(a) Specialized Teams to Evaluate Claims Involving Military
Sexual Trauma.--
(1) In general.--subchapter VI of chapter 11 of such title
is amended by adding at the end the following new section:
``Sec. 1164. Specialized teams to evaluate claims involving
military sexual trauma
``(a) In General.--The Secretary shall establish
specialized teams to process claims for compensation for a
covered mental health condition based on military sexual
trauma experienced by a veteran during active military,
naval, or air service.
``(b) Training.--The Secretary shall ensure that members of
teams established under subsection (a) are trained to
identify markers indicating military sexual trauma.
``(c) Definitions.--In this section:
``(1) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of
the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association that the
Secretary determines to be related to military sexual trauma.
``(2) The term `military sexual trauma' means, with respect
to a veteran, a physical assault of a sexual nature, battery
of a sexual nature, or sexual harassment during active
military, naval, or air service.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Specialized teams to evaluate claims involving military sexual
trauma.''.
(b) Annual Reports on Claims for Disabilities Incurred or
Aggravated by Military Sexual Trauma.--
(1) Reports required.--Not later than March 1, 2021, and
not less frequently than once each year thereafter through
2027, the Secretary of Veterans Affairs shall submit to
Congress a report on covered claims submitted during the
previous fiscal year to identify and track the consistency of
decisions across regional offices of the Department of
Veterans Affairs.
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) The number of covered claims submitted to or considered
by the Secretary during the fiscal year covered by the
report.
(B) Of the covered claims listed under subparagraph (A),
the number and percentage of such claims--
(i) submitted by each sex;
(ii) that were approved, including the number and
percentage of such approved claims submitted by each sex;
(iii) that were denied, including the number and percentage
of such denied claims submitted by each sex; and
(iv) that were developed and reviewed by a specialized team
established under section 1164(a) of title 38, United States
Code, as added by subsection (a).
(C) Of the covered claims listed under subparagraph (A)
that were approved, the number and percentage, disaggregated
by sex, of claims assigned to each rating percentage.
(D) Of the covered claims listed under subparagraph (A)
that were denied--
(i) the three most common reasons given by the Secretary
under section 5104(b)(1) of title 38, United States Code, for
such denials; and
(ii) the number of denials that were based on the failure
of a veteran to report for a medical examination.
(E) 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.
(F) 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.
(G) A description of the training that the Secretary
provides to employees of the Veterans Benefits
Administration, or such contractors or other individuals as
the Secretary considers appropriate, specifically with
respect to covered claims, including the frequency, length,
and content of such training.
(H) Whether all covered claims are subject to second level
review until the individual rater of the Veterans Benefits
Administration adjudicating such covered claims achieves an
accuracy rate of 90 percent on decisions of such covered
claims.
(3) Definitions.--In this subsection:
(A) Covered claims.--The term ``covered claims'' means
claims for disability compensation submitted to the Secretary
based on a covered mental health condition alleged to have
been incurred or aggravated by military sexual trauma.
(B) Covered mental health condition.--The term ``covered
mental health condition'' has the meaning given such term in
section 1164(c) of title 38, United States Code.
(C) Military sexual trauma.--The term ``military sexual
trauma'' has the meaning given such term in such section.
SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL EXAMINER FOR ASSESSMENT OF CLAIMS FOR
COMPENSATION RELATING TO DISABILITY RESULTING
FROM PHYSICAL ASSAULT OF A SEXUAL NATURE,
BATTERY OF A SEXUAL NATURE, OR SEXUAL
HARASSMENT.
(a) In General.--Subchapter VI of chapter 11 of title 38,
United States Code, as amended by section 5501 of this title,
is further amended by inserting after section 1164, as added
by section 5501, the following new section:
[[Page S7366]]
``Sec. 1165. Choice of sex of medical examiner for certain
disabilities
``(a) In General.--The Secretary shall ensure that a
veteran who requires a medical examination from a covered
medical provider in support of a claim for compensation under
this chapter for a mental or physical health condition that
resulted from a physical assault of a sexual nature, battery
of a sexual nature, or sexual harassment may designate the
sex of the medical provider who provides such medical
examination.
``(b) Covered Medical Providers.--For purposes of this
section, a covered medical provider is any medical provider
who is employed by the Department or is under any contract
with the Department to provide a medical examination or a
medical opinion when such an examination or opinion is
necessary to make a decision on a claim.
``(c) Notice.--Before providing any medical examination for
a veteran in support for a claim described in subsection (a),
the Secretary shall notify the veteran of the veteran's
rights under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 11 of such title, as amended by section
5501 of this title, is further amended by inserting after the
item relating to section 1164 the following new item:
``1165. Choice of sex of medical examiner for certain disabilities.''.
SEC. 5503. SECRETARY OF VETERANS AFFAIRS REPORT ON
IMPLEMENTING RECOMMENDATIONS OF INSPECTOR
GENERAL OF DEPARTMENT OF VETERANS AFFAIRS IN
CERTAIN REPORT ON DENIED POSTTRAUMATIC STRESS
DISORDER CLAIMS RELATED TO MILITARY SEXUAL
TRAUMA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House a report on the
progress of the Secretary in implementing the recommendations
from the report of the Inspector General of the Department of
Veterans Affairs entitled ``Denied Posttraumatic Stress
Disorder Claims Related to Military Sexual Trauma'' (17-
05248-241).
TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Financial Refuge for Every
Elderly Veteran Act of 2020'' or the ``FREE Veteran Act of
2020''.
SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EXPLOITATION OF
VETERANS RECEIVING PENSION FROM THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Development of Method for Solicitation and Collection
of Information.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall develop a method for systematically soliciting and
collecting information on complaints received, referrals
made, and actions taken by the pension management centers of
the Department of Veterans Affairs and any other relevant
components of the Department, in cases of potential financial
exploitation of individuals receiving pension under chapter
15 of title 38, United States Code.
(b) Plan To Assess and Address Financial Exploitation of
Veterans.--
(1) In general.--The Secretary shall develop and
periodically update a plan--
(A) to regularly assess the information solicited and
collected under subsection (a) to identify trends of
potential financial exploitation of the individuals described
in subsection (a) across the Department; and
(B) to outline actions that the Department can take to
improve education and training to address those trends.
(2) Submission of plan.--Not later than one year after the
date of the enactment of this Act and not less frequently
than once every two years thereafter until the date that is
six years after the date of the enactment of this Act, the
Secretary shall submit the plan most recently developed or
updated under paragraph (1) to--
(A) the Comptroller General of the United States; and
(B) the Committee on Veterans' Affairs and the Special
Committee on Aging of the Senate and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 6003. OVERPAYMENTS OF PENSION TO VETERANS RECEIVING
PENSION FROM THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Guidance and Training for Claims Processors.--As the
Secretary of Veterans Affairs considers necessary, but not
less frequently than once every three years until the date
that is 10 years after the date of the enactment of this Act,
the Under Secretary for Benefits of the Department of
Veterans Affairs shall update guidance and training
curriculum for the processors of claims for pension under
chapter 15 of title 38, United States Code, regarding the
evaluation of questionable medical expenses on applications
for pension, including by updating such guidance with respect
to what constitutes a questionable medical expense and by
including examples of such expenses.
(b) Identification and Tracking.--The Under Secretary shall
develop a method for identifying and tracking the number of
individuals who have received overpayments of pension under
chapter 15 of title 38, United States Code.
(c) Annual Report.--Not later than one year after the date
of the enactment of this Act and not later than October 31 of
each fiscal year beginning thereafter until the date that is
four years after the date of the enactment of this Act, the
Under Secretary shall submit to Congress a report that
includes, for the period covered by the report, the
following:
(1) The number of individuals who received overpayments of
pension under chapter 15 of title 38, United States Code.
(2) The five most common reasons for overpayments described
in paragraph (1).
(3) The number of veterans who had to repay overpayments
described in paragraph (1).
(4) The number of veterans for whom the Secretary waived a
requirement to repay an overpayment described in paragraph
(1).
(5) The total dollar amount of overpayments described in
paragraph (1).
(6) The total dollar amount of repayments of veterans for
overpayments described in paragraph (1).
(7) The average dollar amount of repayments described in
paragraph (6).
SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS FOR VERIFYING
DIRECT DEPOSIT INFORMATION PROVIDED BY VETERANS
ON APPLICATIONS FOR VETERANS PENSION.
(a) In General.--The Under Secretary for Benefits of the
Department of Veterans Affairs shall--
(1) conduct an evaluation of the feasibility and
advisability of requiring the processors of claims for
pension under chapter 15 of title 38, United States Code, to
take additional actions to verify that the direct deposit
information provided by an individual on an application for
pension is for the appropriate recipient; and
(2) identify such legislative or administrative actions as
the Under Secretary considers appropriate to ensure that
payments of pension are provided to the correct recipients.
(b) Submission to Congress.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Under Secretary shall submit
to Congress a report on the evaluation and identification
under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The findings of the Under Secretary with respect to the
evaluation conducted under subsection (a)(1).
(B) The actions identified under subsection (a)(2).
(C) A plan for implementing any administrative actions
identified under subsection (a)(2).
(D) A rationale for not implementing any actions evaluated
under paragraph (1) of subsection (a) but not identified
under paragraph (2) of such subsection.
SEC. 6005. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VETERANS
AFFAIRS TO ADDRESS THE FINANCIAL EXPLOITATION
OF VETERANS RECEIVING PENSION.
(a) In General.--Not later than one year after the date of
the enactment of this Act and not less frequently than once
each year thereafter until the date that is four years after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on efforts to
address the financial exploitation of individuals receiving
pension under chapter 15 of title 38, United States Code.
(b) Contents.--Each report required by subsection (a) shall
include, for the period covered by the report, the following:
(1) The number of individuals who received pension under
chapter 15 of title 38, United States Code, who have been
referred by any component of the Department of Veterans
Affairs to the Office of Inspector General of the Department
as likely or proven victims of financial exploitation.
(2) The number of referrals and reports relating to the
financial exploitation of such individuals made by the
Department of Veterans Affairs to--
(A) the Consumer Sentinel Network of the Federal Trade
Commission; and
(B) the Department of Justice.
(3) A description of the actions taken as a result of such
referrals and reports against--
(A) individuals recognized by the Secretary as agents or
attorneys under section 5904 of title 38, United States Code;
and
(B) individuals not so recognized.
SEC. 6006. NOTICE REGARDING FEES CHARGED IN CONNECTION WITH
FILING AN APPLICATION FOR VETERANS PENSION.
The Under Secretary for Benefits of the Department of
Veterans Affairs shall ensure that every paper or electronic
document relating to the receipt of pension under chapter 15
of title 38, United States Code, that is available to
individuals who apply for such pension, including educational
forms about or applications for such pension, includes a
notice that the Department does not charge any fee in
connection with the filing of an application for such
pension.
SEC. 6007. OUTREACH PLAN FOR EDUCATING VULNERABLE VETERANS
ABOUT POTENTIAL FINANCIAL EXPLOITATION RELATING
TO THE RECEIPT OF PENSION.
(a) Development of Plan.--The Under Secretary for Benefits
of the Department of Veterans Affairs shall develop, in
collaboration with veterans service organizations, an
outreach plan for educating vulnerable individuals about
potential financial exploitation relating to the receipt of
pension
[[Page S7367]]
under chapter 15 of title 38, United States Code.
(b) Submission to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Under Secretary
shall submit to the Committee on Veterans' Affairs and the
Special Committee on Aging of the Senate and the Committee on
Veterans' Affairs of the House of Representatives the plan
developed under subsection (a).
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means an
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of
title 38, United States Code.
TITLE VII--OTHER MATTERS
Subtitle A--Administrative and Other Matters
SEC. 7001. MEDICAL EXAMINATION PROTOCOL FOR VOLUNTEER DRIVERS
PARTICIPATING IN PROGRAM OF TRANSPORTATION
SERVICES FOR VETERANS.
Section 111A(b) of title 38, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Not later than 90 days after the date of the
enactment of the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020,
the Secretary shall develop and establish a national protocol
for the administration of medical examinations for volunteer
drivers to participate in the program described in paragraph
(1).
``(B) In developing the protocol required by subparagraph
(A), the Secretary shall consult with such persons as the
Secretary determines have an interest in the program
described in paragraph (1).
``(C)(i) The Secretary shall implement the protocol by
first conducting a one-year pilot program using the protocol.
``(ii) After conducting the pilot program required by
clause (i), the Secretary shall assess the pilot program and
make such changes to the protocol as the Secretary considers
appropriate.
``(iii) After making changes to the protocol under clause
(ii), the Secretary shall implement the protocol in phases
during the course of one year.''.
SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE
ON TRIBAL AND INDIAN AFFAIRS.
(a) Establishment of Advisory Committee.--
(1) In general.--Subchapter III of chapter 5 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 547. Advisory Committee on Tribal and Indian Affairs
``(a) Establishment.--(1) The Secretary shall establish an
advisory committee to provide advice and guidance to the
Secretary on matters relating to Indian tribes, tribal
organizations, and Native American veterans.
``(2) The advisory committee established under paragraph
(1) shall be known as the `Advisory Committee on Tribal and
Indian Affairs' (in this section referred to as the
`Committee').
``(3) The Committee shall facilitate, but not supplant,
government-to-government consultation between the Department
and Indian tribes or tribal organizations.
``(4) The Secretary shall consult with Indian tribes or
tribal organizations in developing a charter for the
Committee.
``(b) Membership.--(1) The Committee shall be comprised of
15 voting members selected by the Secretary from among
individuals nominated as specified under this subsection.
``(2) In selecting members under paragraph (1), the
Secretary shall ensure that--
``(A) at least one member of each of the 12 service areas
of the Indian Health Service is represented in the membership
of the Committee nominated by Indian tribes or tribal
organizations;
``(B) at least one member of the Committee represents the
Native Hawaiian veteran community nominated by a Native
Hawaiian Organization;
``(C) at least one member of the Committee represents urban
Indian organizations nominated by a national urban Indian
organization; and
``(D) not fewer than half of the members are veterans,
unless the Secretary determines that an insufficient number
of qualified veterans were nominated under paragraph (1).
``(3) No member of the Committee may be an employee of the
Federal Government.
``(c) Terms; Vacancies.--(1) A member of the Committee
shall be appointed for a term of two years.
``(2) The Secretary shall fill a vacancy in the Committee
in the same manner as the original appointment within 180
days.
``(d) Meetings.--(1)(A) Except as provided in subparagraph
(B), the Committee shall meet in-person with the Secretary,
or the Secretary's designee, not less frequently than twice
each year and hold monthly conference calls as necessary.
``(B) During a public health emergency (as defined in
section 20003 of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136)), meetings under
subparagraph (A) may be conducted virtually.
``(2)(A) Representatives of relevant Federal agencies may
attend meetings of the Committee and provide information to
the Committee.
``(B) One representative of the Office of Tribal Government
Relations of the Department shall attend at each meeting of
the Committee.
``(C) Representatives attending meetings under this
paragraph shall not be considered voting members of the
Committee.
``(D) A representative attending a meeting or providing
information under this paragraph may not receive additional
compensation for services performed with respect to the
Committee.
``(e) Subcommittees.--(1) The Committee may establish
subcommittees.
``(2) The Secretary may, in consultation with the
Committee, appoint a member to a subcommittee established
under paragraph (1) who is not a member of the Committee.
``(3) Such subcommittees may enhance the function of the
Committee, but may not supersede the authority of the
Committee or provide direct advice or work products to the
Department.
``(f) Duties.--The duties of the Committee are as follows:
``(1) To advise the Secretary on ways the Department can
improve the programs and services of the Department to better
serve Native American veterans.
``(2) To identify for the Department evolving issues of
relevance to Indian tribes, tribal organizations, and Native
American veterans relating to programs and services of the
Department.
``(3) To propose clarifications, recommendations, and
solutions to address issues raised at tribal, regional, and
national levels, especially regarding any tribal consultation
reports.
``(4) To provide a forum for Indian tribes, tribal
organizations, urban Indian organizations, Native Hawaiian
organizations, and the Department to discuss issues and
proposals for changes to Department regulations, policies,
and procedures.
``(5) To identify priorities and provide advice on
appropriate strategies for tribal consultation and urban
Indian organizations conferring on issues at the tribal,
regional, or national levels.
``(6) To ensure that pertinent issues are brought to the
attention of Indian tribes, tribal organizations, urban
Indian organizations, and Native Hawaiian organizations in a
timely manner, so that feedback can be obtained.
``(7) To encourage the Secretary to work with other Federal
agencies and Congress so that Native American veterans are
not denied the full benefit of their status as both Native
Americans and veterans.
``(8) To highlight contributions of Native American
veterans in the Armed Forces.
``(9) To make recommendations on the consultation policy of
the Department on tribal matters.
``(10) To support a process to develop an urban Indian
organization confer policy to ensure the Secretary confers,
to the maximum extent practicable, with urban Indian
organizations.
``(11) To conduct other duties as recommended by the
Committee.
``(g) Reports.--(1) Not less frequently than once each
year, the Committee shall submit to the Secretary and the
appropriate committees of Congress such recommendations as
the Committee may have for legislative or administrative
action for the upcoming year.
``(2) Not later than 90 days after the date on which the
Secretary receives a recommendation under paragraph (1), the
Secretary shall submit to the appropriate committees of
Congress a written response to the recommendation.
``(3) Not less frequently than once every two years, the
Committee shall submit to the Secretary and the appropriate
committees of Congress a report describing the activities of
the Committee during the previous two years.
``(4) The Secretary shall make publicly available on an
Internet website of the Department--
``(A) each recommendation the Secretary receives under
paragraph (1);
``(B) each response the Secretary submits under paragraph
(2); and
``(C) each report the Secretary receives under paragraph
(3).
``(h) Committee Personnel Matters.--A member of the
Committee shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of
title 5 while away from the home or regular place of business
of the member in the performance of the duties of the
Committee.
``(i) Federal Advisory Committee Act Exemption.--Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Committee.
``(j) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Veterans' Affairs and the Committee
on Indian Affairs of the Senate; and
``(B) the Committee on Veterans' Affairs and the Committee
on Natural Resources of the House of Representatives.
``(2) The term `Indian tribe' has the meaning given such
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) The term `Native Hawaiian organization' means any
organization that--
``(A) serves the interests of Native Hawaiians;
[[Page S7368]]
``(B) has Native Hawaiians in substantive and policymaking
positions within the organization;
``(C) has demonstrated experience working with Native
Hawaiian veterans; and
``(D) shall include the Office of Hawaiian Affairs.
``(4) The term `Native American veteran' has the meaning
given such term in section 3765 of this title.
``(5) The term `Office of Hawaiian Affairs' means the
Office of Hawaiian Affairs established by the constitution of
the State of Hawaii.''.
``(6) The term `tribal organization' has the meaning given
such term in section 3765 of this title.
``(7) The term `urban Indian organization' has the meaning
given such term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 546 the following new
item:
``547. Advisory Committee on Tribal and Indian Affairs.''.
(b) Deadline for Establishment.--The Secretary of Veterans
Affairs shall establish the advisory committee required by
section 547 of title 38, United States Code, as added by
subsection (a)(1), not later than 180 days after the date of
the enactment of this Act.
(c) Deadline for Initial Appointments.--Not later than 90
days after the date on which the Secretary establishes the
advisory committee required by such section, the Secretary
shall appoint members under subsection (b)(1) of such
section.
(d) Initial Meeting.--Not later than 90 days after the date
on which the Secretary establishes the advisory committee
required by such section, such advisory committee shall hold
its first meeting.
(e) Report on Relation to Office of Tribal and Government
Relations.--
(1) In general.--Not later than two years after the date of
the first meeting held by the advisory committee required by
such section, the Secretary shall submit to Congress a report
on whether and to what extent the activities of the advisory
committee improve the function of the Office of Tribal and
Government Relations of the Department of Veterans Affairs,
aid the decisions of the Secretary, and whether and to what
extent the activities of the advisory committee duplicate
function of the Department performed before the enactment of
this Act.
(2) Review by advisory committee.--The Secretary shall--
(A) give the advisory committee an opportunity to review
the report required by paragraph (1) before submitting the
report under such paragraph; and
(B) include in the report submitted under such paragraph
such comments as the advisory committee considers appropriate
regarding the views of the advisory committee with respect to
the report.
SEC. 7003. PREFERENCE FOR OFFERORS EMPLOYING VETERANS.
(a) In General.--Subchapter II of chapter 81 of title 38,
United States Code, is amended by adding after section 8128
the following new section:
``Sec. 8129. Preference for offerors employing veterans
``(a) Preference.--(1) In awarding a contract for the
procurement of goods or services, the Secretary may give a
preference to offerors that employ veterans on a full-time
basis.
``(2) The Secretary shall determine such preference based
on the percentage of the full-time employees of the offeror
who are veterans.
``(b) Enforcement Penalties for Misrepresentation.--(1) Any
offeror that is determined by the Secretary to have willfully
and intentionally misrepresented the veteran status of the
employees of the offeror for purposes of subsection (a) may
be debarred from contracting with the Department for a period
of not less than five years.
``(2) If the Secretary carries out a debarment under
paragraph (1), the Secretary shall--
``(A) commence debarment action against the offeror by not
later than 30 days after determining that the offeror
willfully and intentionally misrepresented the veteran status
of the employees of the offeror as described in paragraph
(1); and
``(B) complete debarment actions against such offeror by
not later than 90 days after such determination.
``(3) The debarment of an offeror under paragraph (1)
includes the debarment of all principals in the offeror for a
period of not less than five years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by inserting
after the item relating to section 8128 the following new
item:
``8129. Preference for offerors employing veterans.''.
SEC. 7004. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT
RIGHTS TO MEMBERS OF THE NATIONAL GUARD WHO
PERFORM STATE ACTIVE DUTY.
Section 4303 of title 38, United States Code, is amended--
(1) in paragraph (13), by inserting ``State active duty for
a period of 14 days or more, State active duty in response to
a national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.), State
active duty in response to a major disaster declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170),'' after ``full-time National Guard duty,'';
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following new
paragraph (15):
``(15) The term `State active duty' means training or other
duty, other than inactive duty, performed by a member of the
National Guard of a State--
``(A) not under section 502 of title 32 or under title 10;
``(B) in service to the Governor of a State; and
``(C) for which the member is not entitled to pay from the
Federal Government.''.
SEC. 7005. REPAYMENT OF MISUSED BENEFITS.
(a) In General.--Section 6107(b) of title 38, United States
Code, is amended--
(1) in paragraph (1), by striking ``In any case in which a
fiduciary described in paragraph (2)'' and inserting ``In any
case not covered by subsection (a) in which a fiduciary'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Application.--The amendments made by subsection (a)
shall apply with respect to any determination by the
Secretary of Veterans Affairs made on or after the date of
the enactment of this Act regarding the misuse of benefits by
a fiduciary.
SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS.
Section 7364(b)(1) of title 38, United States Code, is
amended by adding at the end the following new sentence:
``Any amounts so transferred after September 30, 2016, shall
be available without regard to fiscal year limitations,
notwithstanding section 1535(d) of title 31.''.
SEC. 7007. REPORT AND PLANNED ACTIONS OF THE SECRETARY OF
VETERANS AFFAIRS TO ADDRESS CERTAIN HIGH-RISK
AREAS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs, in consultation with the Comptroller General of the
United States, shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
outlining the plan the Secretary has developed and the
actions the Secretary has taken to address the areas of
concern identified by the Comptroller General for the
Department of Veterans Affairs in the 2019 High-Risk List of
the Government Accountability Office (GAO-19-157SP)
regarding--
(1) acquisition management; and
(2) managing risks and improving health care.
(b) Elements.--The report under subsection (a) shall
include each of the following:
(1) Root causes of the areas of concern described in
paragraphs (1) and (2) of subsection (a).
(2) Corrective actions and specific steps to address each
root cause, including--
(A) the progress of the Secretary in implementing those
actions and steps; and
(B) timelines and milestones the Secretary determines
feasible to complete each corrective action.
(3) Resources the Secretary determines are necessary to
implement corrective actions, including--
(A) funding;
(B) stakeholders;
(C) technology; and
(D) senior officials responsible for implementing the
corrective actions and reporting results.
(4) Metrics for assessing progress in addressing the areas
of concern described in paragraphs (1) and (2) of subsection
(a).
(5) Key outcomes that demonstrate progress in addressing
the areas of concern described in paragraphs (1) and (2) of
subsection (a).
(6) Obstacles to implementation of the plan that the
Secretary identifies.
(7) Recommendations of the Secretary regarding legislation
or funding the Secretary determines necessary to implement
the plan.
(8) Any other information the Secretary determines is
relevant to understanding the progress of the Department
toward the removal of the areas of concern from the High Risk
List.
(c) Annual Updates.--
(1) Update required.--Not less than once each year during
the implementation period under paragraph (2), the Secretary
shall submit to Congress an update regarding implementation
of each element of the plan under subsection (b).
(2) Implementation period.--The implementation period
described in this paragraph begins on the date on which the
Secretary submits the report required under subsection (a)
and ends on the earlier of the following dates:
(A) The date on which the Comptroller General removes the
last area of concern for the Department from the most recent
High-Risk List of the Government Accountability Office.
(B) The date that is 8 years after the date on which the
Secretary submits the plan required under subsection (a).
[[Page S7369]]
SEC. 7008. ANNUAL REPORT BY SECRETARY OF VETERANS AFFAIRS ON
IMPLEMENTATION OF PRIORITY RECOMMENDATIONS OF
COMPTROLLER GENERAL OF THE UNITED STATES
PERTAINING TO DEPARTMENT OF VETERANS AFFAIRS.
(a) Annual Report Required.--Not later than 270 days after
the date of the enactment of this Act, and not less than once
during each of the subsequent 3 years, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives and to the
Comptroller General of the United States a report on the
implementation of priority recommendations of the Comptroller
General that pertain to the Department of Veterans Affairs.
(b) Contents.--Each report submitted under subsection (a)
shall include, for the period covered by the report, the
following:
(1) The progress of the Secretary in implementing all open
priority recommendations of the Comptroller General for the
Department of Veterans Affairs.
(2) An explanation for each instance where the Secretary
has decided not to implement, or has not fully implemented,
an open priority recommendation of the Comptroller General
for the Department.
(3) A summary of the corrective actions taken and remaining
steps the Secretary plans to take to implement open priority
recommendations of the Comptroller General.
(c) Supplement Not Supplant Certain Required Reports or
Written Statements.--The report under this section shall not
be construed to supplant any report or written statement
required under section 720 of title 31, United States Code.
SEC. 7009. CLARIFICATION OF METHODS USED TO MONITOR
COMPLIANCE WITH CERTAIN LIMITATIONS ON
SUBCONTRACTING.
Section 8127(k)(3)(A) of title 38, United States Code, is
amended by striking ``and any other'' and inserting ``or any
other''.
SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT TO
PROVIDE CERTAIN NOTICE TO PERSONS FILING CLAIMS
FOR DAMAGE, INJURY, OR DEATH ON STANDARD FORM
95.
Not later than 90 days after the date on which a person
submits to the Secretary of Veterans Affairs a claim for
damage, injury, or death on Standard Form 95, or any
successor form, the Secretary shall provide to such person
notice of each of the following:
(1) The benefit of obtaining legal advice concerning such
claim.
(2) The employment status of any individual listed on the
form.
(3) If the claim involves a contractor that entered into an
agreement with the Secretary, the importance of obtaining
legal advice as to the statute of limitations regarding the
claim in the State in which the claim arose.
Subtitle B--Matters Relating to the Chief Financial Officer of
Department of Veterans Affairs
SEC. 7101. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Veterans' Affairs of the Senate and the House of
Representatives and the Committees on Appropriations of the
Senate and the House of Representatives.
(2) Subordinate chief financial officer.--The term
``subordinate chief financial officer''--
(A) includes--
(i) the chief financial officer of the Veterans Health
Administration, the chief financial officer of the Office of
Community Care within the Veterans Health Administration, and
all chief financial officers of Veterans Integrated Service
Networks within the Veterans Health Administration;
(ii) the chief financial officer of the Veterans Benefits
Administration and all chief financial officers of
organizational subdivisions representing business lines
within the Veterans Benefits Administration;
(iii) the chief financial officer of the National Cemetery
Administration; and
(iv) the chief financial officer of the Office of
Information and Technology; and
(B) does not include the Inspector General.
SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAKNESSES AND
PROVIDING SUFFICIENT AUTHORITY TO CHIEF
FINANCIAL OFFICER OF DEPARTMENT OF VETERANS
AFFAIRS.
Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for each of the three
subsequent years, the Secretary of Veterans Affairs, acting
through the Chief Financial Officer of the Department of
Veterans Affairs, shall submit to the appropriate
congressional committees--
(1) an action plan, including steps, related timelines,
costs, progress, status of implementation, and any updates
for fully addressing the material weaknesses of the
Department discussed in the Management's Discussion and
Analysis section of the financial statements of the
Department submitted to Congress under section 3515 of title
31, United States Code for the year preceding the year during
which the report is submitted; and
(2) a plan outlining the steps the Secretary plans to take
to address the recommendations of auditors related to entity-
level internal controls and to provide sufficient authority
to the Chief Financial Officer of the Department to carry out
the requirements of section 902 of title 31, United States
Code.
SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION.
Concurrent with the submittal to Congress of the
President's budget request under section 1105 of title 31,
United States Code, for fiscal year 2022 and each of the next
three subsequent fiscal years, the Chief Financial Officer of
the Department of Veterans affairs shall submit to the
appropriate congressional committees each of the following:
(1) A certification of the responsibility of the Chief
Financial Officer for internal financial controls of the
Department.
(2) An attestation that the Chief Financial Officer has
collaborated sufficiently with the subordinate chief
financial officers of the Department to be confident in the
financial projections included the budget request and
supporting materials.
SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR
SUBORDINATE CHIEF FINANCIAL OFFICERS.
(a) In General.--In accordance with the responsibilities of
the Chief Financial Officer of the Department of Veterans
Affairs for the recruitment, selection, and training of
personnel to carry out agency financial management functions
pursuant to section 902(a)(5)(C) of title 31, United States
Code, the Chief Financial Officer or the designee of the
Chief Financial Officer within the Office of Management of
the Department shall--
(1) participate in the interview and selection panels of
all subordinate chief financial officers; and
(2) give input into the performance plans and performance
evaluations of all subordinate chief financial officers.
(b) Termination.--The requirements under subsection (a)
shall terminate on the date that is five years after the date
of the enactment of this Act.
Subtitle C--Servicemembers Civil Relief
SEC. 7201. CLARIFICATION OF DELIVERY OF NOTICE OF TERMINATION
OF LEASES OF PREMISES AND MOTOR VEHICLES FOR
PURPOSES OF RELIEF UNDER SERVICEMEMBERS CIVIL
RELIEF ACT.
(a) In General.--Section 305(c)(2) of the Servicemembers
Civil Relief Act (50 U.S.C. 3955(c)(2)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) by electronic means, including--
``(i) the direct delivery of material to an electronic
address designated by the lessor (or the lessor's grantee) or
the lessor's agent (or the agent's grantee);
``(ii) the posting of material to a website or other
internet or electronic-based information repository to which
access has been granted to the lessee, the lessor (or the
lessor's grantee), or the lessor's agent (or the agent's
grantee); and
``(iii) other electronic means reasonably calculated to
ensure actual receipt of the material by the lessor (or the
lessor's grantee) or the lessor's agent (or the agent's
grantee).''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to delivery of notice of lease terminations on or
after the date the enactment of this Act.
SEC. 7202. TECHNICAL CORRECTION REGARDING EXTENSION OF LEASE
PROTECTIONS FOR SERVICEMEMBERS UNDER STOP
MOVEMENT ORDERS IN RESPONSE TO LOCAL, NATIONAL,
OR GLOBAL EMERGENCY.
(a) In General.--Section 305(b) of the Servicemembers Civil
Relief Act (50 U.S.C. 3955(b)), as amended by Public Law 116-
158, is further amended--
(1) in paragraph (1)(C)(ii), by striking ``Secretary of
Defense'' and inserting ``Secretary concerned''; and
(2) in paragraph (2)(C)(ii), by striking ``Secretary of
Defense'' and inserting ``Secretary concerned''.
(b) Retroactive Application.--The amendments made by this
section shall apply to stop movement orders issued on or
after March 1, 2020.
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