[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7105 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
December 9, 2020.
Resolved, That the bill from the House of Representatives (H.R.
7105) entitled ``An Act to provide flexibility for the Secretary of
Veterans Affairs in caring for homeless veterans during a covered
public health emergency, to direct the Secretary of Veterans Affairs to
carry out a retraining assistance program for unemployed veterans, and
for other purposes.'', do pass with the following
AMENDMENT:
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.
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.
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.
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:
``(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.
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.''.
(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.
``(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 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.''.
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 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 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 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 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
(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.
``(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 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--
(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.--
(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)), 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.
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.
(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
``(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.
(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.''.
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--
(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.
(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.
``(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 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 (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 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).
``(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.
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.
(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:
``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 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;
``(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).
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.
Attest:
Secretary.
116th CONGRESS
2d Session
H.R. 7105
_______________________________________________________________________
AMENDMENT