[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2248 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
December 10, 2018.
Resolved, That the bill from the Senate (S. 2248) entitled ``An Act
to amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to provide certain burial benefits for spouses and
children of veterans who are buried in tribal cemeteries, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
and Transition Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EDUCATION
Sec. 101. Inclusion of certain additional periods of active duty
service for purposes of suspension of
charges to entitlement during periods of
suspended participation in Department of
Veterans Affairs vocational rehabilitation
programs.
Sec. 102. Provision of monthly housing stipend information under Post-
9/11 Educational Assistance Program.
Sec. 103. Disapproval for purposes of educational assistance programs
of Department of Veterans Affairs of
certain courses of education that do not
permit individuals to attend or participate
in courses pending payment.
Sec. 104. Provision of information on required additional actions to
allow individuals to stay enrolled in
courses of education pending receipt of
educational assistance from department of
veterans affairs.
Sec. 105. Calculation of monthly housing stipend under high technology
pilot program based on location of campus
where veteran attends classes.
Sec. 106. Clarification regarding applicability of authority to use
educational assistance to pursue
independent study programs at certain
educational institutions that are not
institutions of higher learning.
TITLE II--MEMORIAL AFFAIRS
Sec. 201. Eligibility of spouses and children of veterans buried in
tribal cemeteries for certain Department of
Veterans Affairs burial benefits.
Sec. 202. Department of Veterans Affairs provision of headstones and
markers for, and interment in national
cemeteries of, spouses and dependent
children of members of the Armed Forces
serving on active duty.
TITLE III--CIVIL RELIEF
Sec. 301. Termination of leases of premises of deceased servicemembers
who die while in military service.
Sec. 302. Residence of spouses of servicemembers for tax purposes.
Sec. 303. Residence of spouses of servicemembers for voting.
Sec. 304. Termination of multichannel video programming and internet
access service contracts.
TITLE IV--TRANSITION ASSISTANCE
Sec. 401. Study of community-based transition assistance programs for
members of the Armed Forces after
separation, retirement, or discharge.
TITLE V--DEPARTMENTAL ADMINISTRATION
Sec. 501. Misuse of Department of Veterans Affairs purchase cards by
Department employees.
Sec. 502. Updating dependent information.
Sec. 503. Oversight of Electronic Health Record Modernization Program.
Sec. 504. Department of Veterans Affairs notice relating to debt
collection activities.
TITLE VI--MEDICAL FACILITIES
Sec. 601. Authorization of major medical facility projects for fiscal
year 2019.
Sec. 602. Plans to improve medical facilities of the Department of
Veterans Affairs.
TITLE VII--OTHER MATTERS
Sec. 701. Homeless veterans reintegration programs.
Sec. 702. Technical corrections.
Sec. 703. Medical Surgical Prime Vendor program.
Sec. 704. Report on expanding access to dental care for veterans
eligible for health care from the
Department of Veterans Affairs.
TITLE I--EDUCATION
SEC. 101. INCLUSION OF CERTAIN ADDITIONAL PERIODS OF ACTIVE DUTY
SERVICE FOR PURPOSES OF SUSPENSION OF CHARGES TO
ENTITLEMENT DURING PERIODS OF SUSPENDED PARTICIPATION IN
DEPARTMENT OF VETERANS AFFAIRS VOCATIONAL REHABILITATION
PROGRAMS.
Section 3105(e)(2) of title 38, United States Code, is amended by
striking ``or 12304'' and inserting ``12304, 12304a, or 12304b''.
SEC. 102. PROVISION OF MONTHLY HOUSING STIPEND INFORMATION UNDER POST-
9/11 EDUCATIONAL ASSISTANCE PROGRAM.
Section 3313 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(k) Provision of Housing Stipend Payment Information.--
``(1) In general.--The Secretary shall furnish to
individuals receiving educational assistance under this chapter
documentation that verifies the amount of the monthly housing
stipend the individual receives under this section.
``(2) Manner.--The Secretary shall make such documentation
available to the individual using an internet website in the
same manner the Secretary provides documentation verifying
compensation and other benefits furnished by the Secretary to
individuals.''.
SEC. 103. DISAPPROVAL FOR PURPOSES OF EDUCATIONAL ASSISTANCE PROGRAMS
OF DEPARTMENT OF VETERANS AFFAIRS OF CERTAIN COURSES OF
EDUCATION THAT DO NOT PERMIT INDIVIDUALS TO ATTEND OR
PARTICIPATE IN COURSES PENDING PAYMENT.
(a) In General.--Section 3679 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of this chapter,
beginning on August 1, 2019, a State approving agency, or the Secretary
when acting in the role of the State approving agency, shall disapprove
a course of education provided by an educational institution that has
in effect a policy that is inconsistent with any of the following:
``(A) A policy that permits any covered individual to
attend or participate in the course of education during the
period beginning on the date on which the individual provides
to the educational institution a certificate of eligibility for
entitlement to educational assistance under chapter 31 or 33 of
this title and ending on the earlier of the following dates:
``(i) The date on which the Secretary provides
payment for such course of education to such
institution.
``(ii) The date that is 90 days after the date on
which the educational institution certifies for tuition
and fees following receipt from the student such
certificate of eligibility.
``(B) A policy that ensures that the educational
institution will not impose any penalty, including the
assessment of late fees, the denial of access to classes,
libraries, or other institutional facilities, or the
requirement that a covered individual borrow additional funds,
on any covered individual because of the individual's inability
to meet his or her financial obligations to the institution due
to the delayed disbursement of a payment to be provided by the
Secretary under chapter 31 or 33 of this title.
``(2) For purposes of this subsection, a covered individual is any
individual who is entitled to educational assistance under chapter 31
or 33 of this title.
``(3) The Secretary may waive such requirements of paragraph (1) as
the Secretary considers appropriate.
``(4) It shall not be inconsistent with a policy described in
paragraph (1) for an educational institution to require a covered
individual to take the following additional actions:
``(A) Submit a certificate of eligibility for entitlement
to educational assistance not later than the first day of a
course of education for which the individual has indicated the
individual wishes to use the individual's entitlement to
educational assistance.
``(B) Submit a written request to use such entitlement.
``(C) Provide additional information necessary to the
proper certification of enrollment by the educational
institution.''.
(b) Prompt Payments.--
(1) In general.--The Secretary of Veterans Affairs shall
take such actions as may be necessary to ensure that the
Secretary makes a payment to an educational institution on
behalf of an individual, who is entitled to educational
assistance under chapter 31 or 33 of title 38, United States
Code, and who is using such assistance to pursue a program of
education at the educational institution, not later than 60
days after the date on which the educational institution
certifies to the Secretary the applicable tuition and fees for
the individual.
(2) Semiannual reports.--Not later than May 1 and 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 a semiannual report
summarizing any cases in which the Secretary failed to make a
payment described in paragraph (1) within the period set forth
in such paragraph and an explanation for each delayed
disbursement of payment.
(c) Rule of Construction.--In a case in which an individual is
unable to meet a financial obligation to an educational institution due
to the delayed disbursement of a payment to be provided by the
Secretary under chapter 31 or 33 of such title and the amount of such
disbursement is less than anticipated, nothing in section 3679(e) of
such title, as added by subsection (a), shall be construed to prohibit
an educational institution from requiring additional payment or
imposing a fee for the amount that is the difference between the amount
of the financial obligation and the amount of the disbursement.
SEC. 104. PROVISION OF INFORMATION ON REQUIRED ADDITIONAL ACTIONS TO
ALLOW INDIVIDUALS TO STAY ENROLLED IN COURSES OF
EDUCATION PENDING RECEIPT OF EDUCATIONAL ASSISTANCE FROM
DEPARTMENT OF VETERANS AFFAIRS.
Section 3698(c)(1)(C) of title 38, United States Code, is amended--
(1) in clause (x), by striking ``; and'' and inserting a
semicolon;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(xii) information on whether the institution
requires a covered individual to take additional action
pursuant to section 3679(e)(4) of this title to stay
enrolled in a course pending receipt of educational
assistance under a law administered by the
Secretary.''.
SEC. 105. CALCULATION OF MONTHLY HOUSING STIPEND UNDER HIGH TECHNOLOGY
PILOT PROGRAM BASED ON LOCATION OF CAMPUS WHERE VETERAN
ATTENDS CLASSES.
Section 116(d)(1) 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 subparagraph (A), by striking ``the institution at
which the individual is enrolled'' and inserting ``the campus
of the institution where the individual physically participates
in a majority of classes''; and
(2) in subparagraph (B), by striking ``the amount payable''
and all that follows through ``subparagraph (A)'' and inserting
``the national average of the monthly amount of the basic
allowance for housing payable under section 403 of title 37,
United States Code, for a member with dependents in pay grade
E-5''.
SEC. 106. CLARIFICATION REGARDING APPLICABILITY OF AUTHORITY TO USE
EDUCATIONAL ASSISTANCE TO PURSUE INDEPENDENT STUDY
PROGRAMS AT CERTAIN EDUCATIONAL INSTITUTIONS THAT ARE NOT
INSTITUTIONS OF HIGHER LEARNING.
The section heading for section 302 of the Harry W. Colmery
Veterans Educational Assistance Act of 2017 (Public Law 115-48; 131
Stat. 990) is amended to read as follows (and the table of contents for
such Act is conformed accordingly):
``SEC. 302. AUTHORIZATION FOR USE OF EDUCATIONAL ASSISTANCE UNDER ANY
OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT
OF VETERANS AFFAIRS TO PURSUE INDEPENDENT STUDY PROGRAMS
AT CERTAIN EDUCATIONAL INSTITUTIONS THAT ARE NOT
INSTITUTIONS OF HIGHER LEARNING.''.
TITLE II--MEMORIAL AFFAIRS
SEC. 201. ELIGIBILITY OF SPOUSES AND CHILDREN OF VETERANS BURIED IN
TRIBAL CEMETERIES FOR CERTAIN DEPARTMENT OF VETERANS
AFFAIRS BURIAL BENEFITS.
Section 2306 of title 38, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``or a veterans'
cemetery owned by a tribal organization or on land owned by or
held in trust for a tribal organization'' after ``State'';
(2) in subsection (b)(1), by inserting ``, a veterans'
cemetery of a tribal organization or on land owned by or held
in trust for a tribal organization'' after ``owned by a
State'';
(3) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``The Secretary'' and inserting
``(1) The Secretary'';
(C) by striking ``a national cemetery or in a
veterans cemetery of a State or tribal organization for
which the Department has provided a grant under section
2408 of this title'' and inserting ``a covered
cemetery''; and
(D) by adding at the end the following:
``(2) The term `covered cemetery' means any of the following:
``(A) A national cemetery.
``(B) A veterans' cemetery of a State for which the
Department has provided a grant under section 2408 of this
title.
``(C) A veterans' cemetery of a tribal organization or on
land owned by or held in trust for a tribal organization for
which the Department has provided a grant under subsection (f)
of such section.''; and
(4) by adding at the end the following new subsection:
``(i) In this section, the term `tribal organization' has the
meaning given such term in section 3765 of this title.''.
SEC. 202. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF HEADSTONES AND
MARKERS FOR, AND INTERMENT IN NATIONAL CEMETERIES OF,
SPOUSES AND DEPENDENT CHILDREN OF MEMBERS OF THE ARMED
FORCES SERVING ON ACTIVE DUTY.
(a) Headstones and Markers.--Section 2306(b)(2) of title 38, United
States Code, is amended--
(1) in subparagraph (B), by inserting ``, or the spouse of
a member of the Armed Forces serving on active duty under
conditions other than dishonorable, as shown by a statement
from a general court-martial convening authority, at the time
of the spouse's death if such death occurs before October 1,
2024'' after ``veteran''; and
(2) in subparagraph (C), by inserting ``, or the eligible
dependent child of a member of the Armed Forces serving on
active duty under conditions other than dishonorable, as shown
by a statement from a general court-martial convening
authority, at the time of the child's death if such death
occurs before October 1, 2024'' after ``veteran''.
(b) Interment in National Cemeteries.--Section 2402(a)(5) of such
title is amended by inserting ``, and the spouse, minor child, and, in
the discretion of the Secretary, unmarried adult child of a member of
the Armed Forces serving on active duty under conditions other than
dishonorable, as shown by a statement from a general court-martial
convening authority, at the time of the spouse's or child's death if
such death occurs before October 1, 2024'' after ``paragraph (7)''.
TITLE III--CIVIL RELIEF
SEC. 301. TERMINATION OF LEASES OF PREMISES OF DECEASED SERVICEMEMBERS
WHO DIE WHILE IN MILITARY SERVICE.
Section 305(a) of the Servicemembers Civil Relief Act (50 U.S.C.
3955) is amended--
(1) in the subsection heading, by striking ``by Lessee'';
(2) in the heading for paragraph (1), by striking ``In
general'' and inserting ``Termination by lessee''; and
(3) by adding at the end the following new paragraph:
``(3) Death of lessee.--The spouse of the lessee on a lease
described in subsection (b)(1) may terminate the lease during
the one-year period beginning on the date of the death of the
lessee, if the lessee dies while in military service or while
performing full-time National Guard duty, active Guard and
Reserve duty, or inactive-duty training (as such terms are
defined in section 101(d) of title 10, United States Code).''.
SEC. 302. RESIDENCE OF SPOUSES OF SERVICEMEMBERS FOR TAX PURPOSES.
(a) Residence for Tax Purposes.--Section 511(a)(2) of the
Servicemembers Civil Relief Act (50 U.S.C. 4001(a)(2)) is amended--
(1) by striking ``A spouse'' and inserting the following:
``(A) In general.--A spouse''; and
(2) by adding at the end the following new subparagraph:
``(B) Election.--For any taxable year of the
marriage, the spouse of a servicemember may elect to
use the same residence for purposes of taxation as the
servicemember regardless of the date on which the
marriage of the spouse and the servicemember
occurred.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any return of State or local income tax filed for
any taxable year beginning with the taxable year that includes the date
of the enactment of this Act.
SEC. 303. RESIDENCE OF SPOUSES OF SERVICEMEMBERS FOR VOTING.
(a) In General.--Section 705(b) of the Servicemembers Civil Relief
Act (50 U.S.C. 4025(b)) is amended--
(1) by striking ``State or local office'' and all that
follows through the period at the end of paragraph (3) and
inserting ``State or local office--''; and
(2) by adding at the end the following new paragraphs:
``(1) a person who is absent from a State because the
person is accompanying the person's spouse who is absent from
that same State in compliance with military or naval orders
shall not, solely by reason of that absence--
``(A) be deemed to have lost a residence or
domicile in that State, without regard to whether or
not the person intends to return to that State;
``(B) be deemed to have acquired a residence or
domicile in any other State; or
``(C) be deemed to have become a resident in or a
resident of any other State; and
``(2) the spouse of a servicemember may elect to use the
same residence as the servicemember regardless of the date on
which the marriage of the spouse and the servicemember
occurred.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
SEC. 304. TERMINATION OF MULTICHANNEL VIDEO PROGRAMMING AND INTERNET
ACCESS SERVICE CONTRACTS.
(a) In General.--Section 305A of the Servicemembers Civil Relief
Act (50 U.S.C. 3956) is amended--
(1) in the section heading, by inserting ``, multichannel
video programming, and internet access'' after ``telephone'';
(2) in subsection (b), by striking ``cellular telephone
service or telephone exchange service'' and inserting
``commercial mobile service, telephone exchange service,
internet access service, or multichannel video programming
service'';
(3) in subsection (c), by inserting ``for commercial mobile
service or telephone exchange service'' before ``terminated'';
(4) in subsection (d), in the matter preceding paragraph
(1), by striking ``cellular telephone service'' and inserting
``commercial mobile service'';
(5) in subsection (e)--
(A) by striking ``For any'' and inserting the
following:
``(1) In general.--For any'';
(B) by striking ``If the'' and inserting the
following:
``(2) Reinstatement of service.--If the''; and
(C) by adding at the end the following:
``(3) Return of provider-owned equipment.--If a
servicemember terminates a contract under subsection (a), the
servicemember shall return any provider-owned consumer premises
equipment to the service provider not later than 10 days after
the date on which service is disconnected.''; and
(6) in subsection (g)--
(A) by redesignating paragraph (2) as paragraph
(4); and
(B) by striking paragraph (1) and inserting the
following:
``(1) The term `commercial mobile service' has the meaning
given that term in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d)).
``(2) The term `multichannel video programming service'
means a subscription video service offered by a multichannel
video programming distributor, as that term is defined in
section 602 of the Communications Act of 1934 (47 U.S.C. 522),
over a system the distributor owns or controls.
``(3) The term `provider-owned consumer premises equipment'
means any equipment that a provider of internet access service
or multichannel video programming service rents or loans to a
customer during the provision of that service, including
gateways, routers, cable modems, voice-capable modems,
CableCARDs, converters, digital adapters, remote controls, and
any other equipment provided.''.
(b) Clerical Amendments.--
(1) Title heading.--The heading for title III of the
Servicemembers Civil Relief Act is amended by striking
``TELEPHONE'' and inserting ``COMMUNICATIONS''.
(2) Table of contents.--The table of contents in section
1(b) of the Servicemembers Civil Relief Act is amended--
(A) by striking the item relating to title III and
inserting the following new item:
``TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT,
LEASES, COMMUNICATIONS SERVICE CONTRACTS'';
and
(B) by striking the item relating to section 305A
and inserting the following new item:
``Sec. 305A. Termination of telephone, multichannel video programming,
and internet access service contracts.''.
TITLE IV--TRANSITION ASSISTANCE
SEC. 401. STUDY OF COMMUNITY-BASED TRANSITION ASSISTANCE PROGRAMS FOR
MEMBERS OF THE ARMED FORCES AFTER SEPARATION, RETIREMENT,
OR DISCHARGE.
(a) Study.--The Secretary of Veterans Affairs, in consultation with
State entities that serve members of the Armed Forces who are retired,
separated, or discharged from the Armed Forces, shall enter into an
agreement with an appropriate non-Federal entity to carry out a study
to identify community-based programs--
(1) that provide transition assistance to such members; and
(2) operated by nonprofit entities.
(b) Transmission to Members.--The Secretary of Veterans Affairs
shall transmit the list of programs identified under this section to
the Secretary of Defense so the Secretaries of the military departments
may provide information in the list to members of the Armed Forces who
participate in the Transition Assistance Program under sections 1142
and 1144 of title 10, United States Code.
(c) Online Publication.--The Secretary of Veterans Affairs shall
publish the most recent version of the list of programs identified
under this section on a public website of the Department of Veterans
Affairs.
TITLE V--DEPARTMENTAL ADMINISTRATION
SEC. 501. MISUSE OF DEPARTMENT OF VETERANS AFFAIRS PURCHASE CARDS BY
DEPARTMENT EMPLOYEES.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 728. Misuse of Department purchase cards
``(a) In General.--(1) The Secretary shall prohibit any employee of
the Department who the Secretary or the Inspector General of the
Department determines has knowingly misused a purchase card from
serving as a purchase card holder or approving official.
``(2) Such a prohibition shall be in addition to any other
applicable penalty.
``(b) Misuse.--For purposes of this section, the term `misuse'
means--
``(1) splitting purchases;
``(2) exceeding applicable purchase card limits or purchase
thresholds;
``(3) purchasing any unauthorized item;
``(4) using a purchase card without being an authorized
purchase card holder; or
``(5) violating ethics standards.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
728 the following new item:
``728. Misuse of Department purchase cards.''.
SEC. 502. UPDATING DEPENDENT INFORMATION.
The Secretary of Veterans Affairs shall make such changes to such
information technology systems of the Department of Veterans Affairs,
including the eBenefits system or successor system, as may be necessary
so that whenever the Secretary records in such systems information
about a dependent of a person, the person is able to review and revise
such information.
SEC. 503. OVERSIGHT OF ELECTRONIC HEALTH RECORD MODERNIZATION PROGRAM.
(a) Program Documents.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the appropriate congressional committees the following
documents concerning the Electronic Health Record Modernization
Program:
(1) Integrated Master Plan.
(2) Integrated Master Schedule.
(3) Program Management Plan.
(4) Annual and lifecycle cost estimates, including, at a
minimum, cost elements relating to--
(A) Federal Government labor;
(B) contractor labor;
(C) hardware;
(D) software; and
(E) testing and evaluation.
(5) Cost baseline.
(6) Risk Management Plan.
(7) Health IT Strategic Architecture Plan.
(8) Transition Plan for implementing updated architecture.
(9) Data Migration Plan.
(10) System and Data Security Plan.
(11) Application Implementation Plan.
(12) System Design Documents.
(13) Legacy Veterans Information Systems and Technology
Architecture Standardization, Security Enhancement, and
Consolidation Project Plan.
(14) Health Data Interoperability Management Plan.
(15) Community Care Vision and Implementation Plan,
including milestones and a detailed description of how complete
interoperability with non-Department health care providers will
be achieved.
(b) Quarterly Updates.--Not later than 30 days after the end of
each fiscal quarter during the period beginning with the fiscal quarter
in which this Act is enacted and ending on the date on which the
Electronic Health Record Modernization Program is completed, the
Secretary shall submit to the appropriate congressional committees the
most recent updated versions, if any exist, of the following documents:
(1) Integrated Master Schedule.
(2) Program Management Plan, including any written Program
Management Review material developed for the Program Management
Plan during the fiscal quarter covered by the submission.
(3) Each document described in subsection (a)(4).
(4) Performance Baseline Report for the fiscal quarter
covered by the submission or for the fiscal quarter ending the
fiscal year prior to the submission.
(5) Budget Reconciliation Report.
(6) Risk Management Plan and Risk Register.
(c) Contracts.--Not later than 5 days after awarding a contract,
order, or agreement, including any modifications thereto, under the
Electronic Health Record Modernization Program, the Secretary shall
submit to the appropriate congressional committees a copy of the entire
such contract, order, agreement, or modification.
(d) Notification.--
(1) Requirement.--Not later than 10 days after an event
described in paragraph (2) occurs, the Secretary shall notify
the appropriate congressional committees of such occurrence,
including a description of the event and an explanation for why
such event occurred.
(2) Event described.--An event described in this paragraph
is any of the following events regarding the Electronic Health
Record Modernization Program:
(A) The delay of any milestone or deliverable by 30
or more days.
(B) A request for equitable adjustment, equitable
adjustment, or change order exceeding $1,000,000 (as
such terms are defined in the Federal Acquisition
Regulation).
(C) The submission of any protest, claim, or
dispute, and the resolution of any protest, claim, or
dispute (as such terms are defined in the Federal
Acquisition Regulation).
(D) A loss of clinical or other data.
(E) A breach of patient privacy, including any--
(i) disclosure of protected health
information that is not permitted under
regulations promulgated under section 264(c) of
the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191;
42 U.S.C. 1320d-2 note); and
(ii) breach of sensitive personal
information (as defined in section 5727 of
title 38, United States Code).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Veterans' Affairs of the
House of Representatives and the Senate; and
(B) the Committees on Appropriations of the House
of Representatives and the Senate.
(2) The term ``Electronic Health Record Modernization
Program'' means--
(A) any activities by the Department of Veterans
Affairs to procure or implement an electronic health or
medical record system to replace any or all of the
Veterans Information Systems and Technology
Architecture, the Computerized Patient Record System,
the Joint Legacy Viewer, or the Enterprise Health
Management Platform; and
(B) any contracts or agreements entered into by the
Secretary of Veterans Affairs to carry out, support, or
analyze the activities under subparagraph (A).
SEC. 504. DEPARTMENT OF VETERANS AFFAIRS NOTICE RELATING TO DEBT
COLLECTION ACTIVITIES.
(a) Debt Notification Letter Formats.--The Secretary of Veterans
Affairs shall collaborate with veterans service organizations to
develop a standard format for any letter provided to an individual who
the Secretary determines is indebted to the United States by virtue of
such individual's participation in a benefits program administered by
the Secretary. Such letter shall be written in plain language and shall
include a notice of the debt and a clear explanation of--
(1) why the individual is indebted to the United States by
virtue of such person's participation in a benefits program
administered by the Secretary; and
(2) the options available to the individual.
(b) Delivery of Debt Notices by Standard Mail and Electronic
Means.--The Secretary shall develop a method by which individuals may
elect to receive notice of debt by electronic means and shall ensure,
to the extent practicable, that the letter developed under subsection
(a) is delivered--
(1) by both standard mail and by electronic means to
intended recipients who have made such an election; and
(2) only by standard mail to intended recipients who have
not made such an election.
(c) Notice to Congress.--
(1) Notices of completion.--Upon completion of the
development of the standard letter format required under
subsection (a) and upon completion of development of the method
by which individuals may elect to receive notice of debt by
electronic means under subsection (b), the Secretary shall
submit to Congress notice of the completion of the respective
development.
(2) Progress reports.--If the Secretary has not submitted
each notice required by paragraph (1) by the date that is 90
days after the date of the enactment of this Act, the Secretary
shall--
(A) submit to Congress a report describing the
progress of the Secretary toward implementing
subsections (a) and (b) and an explanation for why the
respective development has not been completed; and
(B) every 30 days thereafter until all of the
notices required by paragraph (1) have been submitted,
submit to Congress an update to the report under
subparagraph (A) that includes an additional
explanation for the failure to complete the respective
development.
(d) Study and Report.--
(1) Study.--The Secretary of Veterans Affairs, in
coordination with the Secretary of the Treasury, shall conduct
a study on the process by which individuals who are indebted to
the United States by virtue of their participation in a
benefits program administered by the Secretary of Veterans
Affairs are notified of debt collection efforts relating to
such indebtedness.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An analysis of the scope of the problem of
individuals who are indebted to the United States by
virtue of their participation in a benefits program
administered by the Secretary of Veterans Affairs not
receiving debt collection notices relating to such
indebtedness.
(B) Identification of administrative actions the
Secretary of Veterans Affairs and the Secretary of the
Treasury can carry out to reduce the number of
incorrect or unknown addresses of such individuals in
the databases of the Department Veterans Affairs and
the Department of the Treasury and a timeline for
carrying out such actions.
(C) An estimate of the costs associated with
sending debt collection notices to such individuals by
certified mail.
(D) An analysis of whether, or to what extent,
sending debt collection notices to such individuals by
certified mail would address the problem analyzed under
subparagraph (A).
(E) An analysis of the requirements and resources
that would be necessary for the Secretary of Veterans
Affairs to establish a method for the Secretary to
display in one consolidated document the details
regarding all of the debts of an individual to the
United States by virtue of such individual's
participation in a benefits program administered by the
Secretary.
(F) An analysis of the extent to which such
individuals are so indebted by reason of actions by the
Secretary or by actions of the individual, including
any trends relating to whether the actions of the
individual may be by reason of error,
misrepresentation, or fraud.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
coordination with the Secretary of the Treasury, shall submit
to Congress a report on the findings of the Secretaries with
respect to the study conducted under paragraph (1).
TITLE VI--MEDICAL FACILITIES
SEC. 601. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS FOR FISCAL
YEAR 2019.
(a) In General.--The Secretary of Veterans Affairs may carry out
the following major medical facility projects in fiscal year 2019 at
the locations specified and in an amount for each project not to exceed
the amount specified for such location:
(1) Construction of a community living center and
renovation of domiciliary and outpatient facilities in
Canandaigua, New York, in an amount not to exceed $351,980,000
(an increase of $193,000,000 as compared to the previous
authorization for such project).
(2) Renovation of space for a simulation training education
center in North Chicago, Illinois, in an amount not to exceed
$15,980,000.
(3) Construction of a surgical intensive care unit and
renovation to expand the operating room suite in Oklahoma City,
Oklahoma, in an amount not to exceed $29,461,000.
(4) Construction of a new medical facility in Louisville,
Kentucky, in an amount not to exceed $450,000,000 (an increase
of $300,000,000 as compared to the previous authorization for
such project).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2019
or the year in which funds are appropriated for the Construction, Major
Projects account, $847,421,000 for the projects authorized in
subsection (a).
SEC. 602. PLANS TO IMPROVE MEDICAL FACILITIES OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Plans Required.--
(1) Plans of directors of medical facilities.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall require each director of a
medical facility of the Department of Veterans Affairs to
submit to the director of the Veterans Integrated Service
Network that covers the facility a plan to improve such
facility.
(2) Plans of directors of veterans integrated service
networks.--The Secretary shall require each director of a
Veterans Integrated Service Network to submit to the Secretary,
not later than 60 days after receiving all of the plans under
paragraph (1), a plan, based on the plans received under
paragraph (1), to improve the facilities within that Veterans
Integrated Service Network in such a fashion that would improve
the ability of all facilities within that network to provide
the best and most efficient care to patients.
(b) Regular Reports.--The Secretary shall ensure that each director
of a Veterans Integrated Service Network submits to the Secretary, not
later than two years after the date of the enactment of this Act and
not less frequently than once every two years thereafter, a report on
the actions taken by the director to improve the facilities within that
Veterans Integrated Service Network and what further such actions might
be necessary.
(c) Sense of Congress on Use of Authorities to Investigate Medical
Centers of the Department of Veterans Affairs.--It is the sense of
Congress that the Secretary of Veterans Affairs should make full use of
the authorities provided by section 2 of the Enhancing Veteran Care Act
(Public Law 115-95; 38 U.S.C. 1701 note).
TITLE VII--OTHER MATTERS
SEC. 701. HOMELESS VETERANS REINTEGRATION PROGRAMS.
Section 2021(a) of title 38, United States Code, is amended--
(1) by striking ``reintegration of homeless veterans into
the labor force.'' and inserting the following: ``reintegration
into the labor force of--''; and
(2) by adding at the end the following new paragraphs:
``(1) homeless veterans (including veterans who were
homeless but found housing during the 60-day period preceding
the date on which the veteran begins to participate in a
program under this section);
``(2) veterans participating in the Department of Veterans
Affairs supported housing program for which rental assistance
is provided pursuant to section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) or the Tribal HUD-
VA Supportive Housing (Tribal HUD-VASH) program;
``(3) Indians who are veterans and receiving assistance
under the Native American Housing Assistance and Self
Determination Act of 1996 (25 U.S.C. 4101 et seq.);
``(4) veterans described in section 2023(e) of this title
or any other veterans who are transitioning from being
incarcerated; and
``(5) veterans participating in the Department of Veterans
Affairs rapid rehousing and prevention program authorized in
section 2044 of this title.''.
SEC. 702. TECHNICAL CORRECTIONS.
(a) Title 38.--Title 38, United States Code, is amended as follows:
(1) In the table of sections at the beginning of chapter
55, by inserting a period at the end of the item relating to
section 5501A.
(2) In section 7463(c)(2)(B), by striking ``to answer to
answer'' and inserting ``to answer''.
(b) Veterans' Benefits Improvements Act of 1996.--Section 504 of
the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38
U.S.C. 5101 note) is amended by redesignating the second subsection (c)
as subsection (d).
SEC. 703. MEDICAL SURGICAL PRIME VENDOR PROGRAM.
(a) Vendors.--In procuring certain medical, surgical, and dental
supplies or laboratory supplies for medical centers of the Department
of Veterans Affairs, the Secretary of Veterans Affairs shall carry out
the Medical Surgical Prime Vendor program, or successor program, in a
manner that--
(1) requires the Secretary to award contracts to multiple
regional prime vendors instead of a single nationwide prime
vendor; and
(2) prohibits a prime vendor from solely designing the
formulary of such supplies.
(b) Clinically Driven Sourcing.--
(1) Expertise.--In carrying out the formulary of supplies
under the Medical Surgical Prime Vendor program, or successor
program, the Secretary shall ensure that each employee of the
Department of Veterans Affairs who conducts formulary analyses
or makes decisions with respect to including items on the
formulary has medical expertise relevant to the items for which
the employee conducts such analyses or makes such decisions.
(2) Lists.--Not later than 30 days after the date of the
enactment of this Act, and every six months thereafter with
respect to any updates, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate a list of each employee described in paragraph
(1) and the relevant medical expertise of the employee, listed
by the categories of items in the formulary described in such
paragraph.
SEC. 704. REPORT ON EXPANDING ACCESS TO DENTAL CARE FOR VETERANS
ELIGIBLE FOR HEALTH CARE FROM THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than 360 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 of Representatives a report on the
feasibility and advisability of expanding access to dental care for
eligible veterans.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of access to dental care for eligible
veterans outside of the Department, including--
(A) the percentage of eligible veterans currently
enrolled in dental insurance through a third-party
payer, including--
(i) the dental insurance plan for veterans
and survivors and dependents of veterans under
section 1712C of title 38, United States Code;
(ii) the Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et
seq.); and
(iii) employer-sponsored dental insurance;
(B) the affordability of dental insurance described
in subparagraph (A); and
(C) the comprehensiveness of benefits of dental
insurance described in subparagraph (A).
(2) An analysis of the current oral health needs of
eligible veterans, including an estimate of the number of
eligible veterans who--
(A) experience untreated cavities or decay;
(B) require dentures, implants, or other
restorative dental services; or
(C) have not received regular dental cleanings
within the two-year period preceding the report.
(3) An analysis of the financial impact to the Department
of Veterans Affairs of providing dental care to eligible
veterans, including--
(A) whether the provision of such services would
result in a reduction in total health care costs;
(B) a cost-benefit analysis that indicates
potential cost savings to the Department over a 5-, 10-
, and 20-year period; and
(C) projected cost savings to the Department and
across the broader health care system.
(4) An analysis of the number and types of dental providers
necessary to treat eligible veterans, including--
(A) dentists;
(B) hygienists;
(C) dental technicians; and
(D) dental therapists.
(c) Categories of Eligible Veterans.--The report required by
subsection (a) shall be disaggregated by each of the following
categories of eligible veterans:
(1) Veterans enrolled in the system of annual patient
enrollment of the Department pursuant to the priority group
under subsection (a)(6) of section 1705 of such title.
(2) Veterans enrolled in such system pursuant to the
priority group under subsection (a)(5) of such section.
(3) Veterans enrolled in such system pursuant to a priority
group under any of subsections (a)(1) through (a)(4) of such
section.
(4) Veterans enrolled in such system pursuant to a priority
group under subsection (a)(7) or (a)(8) of such section.
(d) Eligible Veterans Defined.--In this section, the term
``eligible veterans'' means veterans enrolled in the system of annual
patient enrollment of the Department of Veterans Affairs established
and operated under section 1705 of title 38, United States Code.
Attest:
Clerk.
115th CONGRESS
2d Session
S. 2248
_______________________________________________________________________
AMENDMENT