[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4511 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4511

To make certain improvements in the laws administered by the Secretary 
 of Veterans Affairs relating to education, burial benefits, and other 
                    matters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2020

   Mr. Moran (for himself, Mr. Tillis, Mr. Rounds, Mr. Boozman, Mr. 
 Daines, Ms. Collins, and Mr. Lankford) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To make certain improvements in the laws administered by the Secretary 
 of Veterans Affairs relating to education, burial benefits, and other 
                    matters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veteran Benefits 
Enhancement and Expansion Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--EDUCATION MATTERS

Sec. 101. Expansion of eligibility for Fry Scholarship to children and 
                            spouses of certain deceased members of the 
                            Armed Forces.
Sec. 102. Period for election to receive benefits under All-Volunteer 
                            Educational Assistance Program of 
                            Department of Veterans Affairs.
Sec. 103. Phase out of All-Volunteer Educational Assistance Program.
Sec. 104. Requirements for in-State tuition.
Sec. 105. 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.
                        TITLE II--BURIAL MATTERS

Sec. 201. Transportation of deceased veterans to veterans' cemeteries.
Sec. 202. Increase in certain funeral benefits under laws administered 
                            by the Secretary of Veterans Affairs.
Sec. 203. Outer burial receptacles for each new grave in cemeteries 
                            that are the subjects of certain grants 
                            made by the Secretary of Veterans Affairs.
Sec. 204. Provision of inscriptions for spouses and children on certain 
                            headstones and markers furnished by the 
                            Secretary of Veterans Affairs.
      TITLE III--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS

Sec. 301. Short title.
Sec. 302. Penalties for representing veterans as agents and attorneys 
                            without recognition by Secretary of 
                            Veterans Affairs.
Sec. 303. Plan to address the financial exploitation of veterans 
                            receiving pension from the Department of 
                            Veterans Affairs.
Sec. 304. Overpayments of pension to veterans receiving pension from 
                            the Department of Veterans Affairs.
Sec. 305. Evaluation of additional actions for verifying direct deposit 
                            information provided by veterans on 
                            applications for veterans pension.
Sec. 306. Annual report on efforts of Department of Veterans Affairs to 
                            address the financial exploitation of 
                            veterans receiving pension.
Sec. 307. Notice regarding fees charged in connection with filing an 
                            application for veterans pension.
Sec. 308. Outreach plan for educating vulnerable veterans about 
                            potential financial exploitation relating 
                            to the receipt of pension.
                        TITLE IV--OTHER MATTERS

Sec. 401. Eligibility of certain members of the reserve components of 
                            the Armed Forces for home loans from the 
                            Secretary of Veterans Affairs.
Sec. 402. Extension of certain housing loan fees.
Sec. 403. Clarification of licensure requirements for contractor 
                            medical professionals to perform medical 
                            disability examinations for the Department 
                            of Veterans Affairs.
Sec. 404. Medal of Honor special pension for surviving spouses.
Sec. 405. Modernization of service-disabled veterans insurance.
Sec. 406. Publication and acceptance of disability benefit 
                            questionnaire forms of Department of 
                            Veterans Affairs.
Sec. 407. Determination of budgetary effects.

                       TITLE I--EDUCATION MATTERS

SEC. 101. 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.--
            (1) Subsection (f) of such section is amended 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) Section 3322 of such title is amended--
                    (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, 
2020.

SEC. 102. 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 180 days after the date of enactment of this Act.

SEC. 103. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM.

    Subsection (a)(1)(A) of section 3011 of title 38, United States 
Code, as amended by section 102, is further amended by striking ``after 
June 30, 1985'' and inserting ``during the period beginning July 1, 
1985, and ending September 30, 2030''.

SEC. 104. 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, 2020.

SEC. 105. 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.

    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.''.

                        TITLE II--BURIAL MATTERS

SEC. 201. 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; and
            ``(2) 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 
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 
                            veterans' cemetery.''.

SEC. 202. 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 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 Act shall apply to 
deaths that occur on or after the date that is 180 days after the date 
of the enactment of this Act.

SEC. 203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN CEMETERIES 
              THAT ARE THE SUBJECTS OF CERTAIN GRANTS MADE BY THE 
              SECRETARY OF VETERANS AFFAIRS.

    Section 2306(e) of title 38, United States Code, is amended--
            (1) in paragraph (1)(A), 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
            (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.''.

SEC. 204. 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 by adding at the end the following new subsection:
    ``(j)(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 (j) 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, 2021.

      TITLE III--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS

SEC. 301. 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. 302. PENALTIES FOR REPRESENTING VETERANS AS AGENTS AND ATTORNEYS 
              WITHOUT RECOGNITION BY SECRETARY OF VETERANS AFFAIRS.

    (a) Penalties.--
            (1) In general.--Section 5905 of title 38, United States 
        Code, is amended to read as follows:
``Sec. 5905. Penalty for certain acts
    ``(a) In General.--Whoever commits any of the following acts shall 
be fined as provided in title 18, or imprisoned for not more than one 
year, or both:
            ``(1) Undertakes or attempts to undertake any work in 
        furtherance of the preparation, presentation, or prosecution of 
        a claim under a law administered by the Secretary--
                    ``(A) without recognition by the Secretary under 
                sections 5902 through 5904 of this title; or
                    ``(B) while suspended or excluded under section 
                5904(b) of this title.
            ``(2) Unlawfully withholds from any claimant or beneficiary 
        any part of a benefit or claim under the laws administered by 
        the Secretary that is allowed and due to the claimant or 
        beneficiary.
    ``(b) Seeking Recognition.--Subsection (a)(1)(A) shall not be 
construed to include the seeking of recognition from the Secretary to 
prepare, present, or prosecute a claim under a law administered by the 
Secretary.
    ``(c) Legal Interns, Law Students, and Paralegals.--Subsection 
(a)(1)(A) shall not apply to a legal intern, a law student, or a 
paralegal undertaking or attempting to undertake work in furtherance of 
the preparation, presentation, or prosecution of a claim under a law 
administered by the Secretary to the degree that such legal intern, law 
student, or paralegal is doing so--
            ``(1) on behalf of or under the supervision of an attorney 
        recognized by the Secretary under sections 5902 through 5904 of 
        this title; and
            ``(2) in a manner that is consistent with the Model Rules 
        of Professional Conduct of the American Bar Association.''.
            (2) Effective date.--The amendment made by subsection (a) 
        shall apply with respect to acts committed after the date that 
        is 180 days after the date of the enactment of this Act.
    (b) Biennial Reviews by General Counsel of the Department of 
Veterans Affairs.--Section 5904 of such title is amended by adding at 
the end the following new subsection:
    ``(e) Biennial Reviews by General Counsel.--(1) Not less frequently 
than once every two years, the General Counsel of the Department shall 
submit to Congress a report on activities under this section.
    ``(2) Each report submitted under subparagraph (A) shall include, 
for the period covered by the report, the following:
            ``(A) A discussion of the rates generally charged for 
        services covered by this section.
            ``(B) A discussion of the requests made by claimants under 
        subsection (c)(3)(A).
            ``(C) A discussion of the fees reduced under such 
        subsection.
            ``(D) The number of claims for benefits under laws 
        administered by the Secretary that were prepared, presented, or 
        prosecuted by an individual acting as an agent or attorney who 
        did so while not recognized under this section.''.

SEC. 303. 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, 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. 304. OVERPAYMENTS OF PENSION TO VETERANS RECEIVING PENSION FROM 
              THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Guidance and Training for Claims Processors.--As the Secretary 
considers necessary, but not less frequently than once every three 
years, 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, the Under Secretary shall submit to Congress 
a report that includes, for the period covered by the report--
            (1) the number of individuals who received overpayments of 
        pension under chapter 15 of title 38, United States Code; and
            (2) the reason for each overpayment.

SEC. 305. 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. 306. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VETERANS AFFAIRS TO 
              ADDRESS THE FINANCIAL EXPLOITATION OF VETERANS RECEIVING 
              PENSION.

    (a) In General.--Not less frequently than once each year, 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. 307. 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. 308. 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 IV--OTHER MATTERS

SEC. 401. 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 active service (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.''.

SEC. 402. 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. 403. CLARIFICATION OF LICENSURE REQUIREMENTS FOR CONTRACTOR 
              MEDICAL PROFESSIONALS TO PERFORM MEDICAL DISABILITY 
              EXAMINATIONS FOR THE DEPARTMENT OF VETERANS AFFAIRS.

    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).''.

SEC. 404. 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 eligible for or 
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. 405. 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 1 per centum, the rate of interest of such 
        obligation shall be the multiple of one-eighth of 1 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 performance, 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 acceptable 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 acceptable 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.
    ``(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 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. 406. 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 disability benefit questionnaire 
forms of the Department for the submittal of evidence from non-
Department medical providers regarding a disability of a claimant.
    ``(2) Subject to section 6103 of this title, if the Secretary 
updates a form described in paragraph (1), 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 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.--Subject to paragraph (2), not 
        later than 180 days after the date of the enactment of this 
        act, the Secretary shall--
                    (A) 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
                    (B) submit to Congress--
                            (i) a report on the findings of the 
                        Secretary with respect to the assessment 
                        conducted under subparagraph (A); and
                            (ii) a plan to replace the disability 
                        benefit questionnaire forms as described in 
                        subparagraph (A).
            (2) Requirements.--The Secretary may only determine under 
        paragraph (1)(A) that replacing the forms described in such 
        paragraph is feasibility 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), replace 
                the forms as described in paragraph (1)(A).
                    (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 
                frequently than once each year, submit to Congress an 
                report on the process that replaced forms that 
                ascertains whether the process properly protects 
                veterans.
    (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. 407. 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 Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                 <all>