[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[Senate]
[Pages S7332-S7372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2695. Mr. THUNE (for Mr. Scott of South Carolina (for himself and 
Mr. Murphy)) proposed an amendment to the bill S. 3451, to improve the 
health and safety of Americans living with food allergies and related 
disorders, including potentially life-threatening anaphylaxis, food 
protein-induced enterocolitis syndrome, and eosinophilic 
gastrointestinal diseases, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Johnny 
     Isakson and David P. Roe, M.D. Veterans Health Care and 
     Benefits Improvement Act of 2020''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Determination of budgetary effects.

                           TITLE I--EDUCATION

                    Subtitle A--Education Generally

Sec. 1001. Improvements to Edith Nourse Rogers STEM Scholarship program 
              of Department of Veterans Affairs.
Sec. 1002. Expansion of eligibility for Fry Scholarship to children and 
              spouses of certain deceased members of the Armed Forces.
Sec. 1003. Period for election to receive benefits under All-Volunteer 
              Educational Assistance Program of Department of Veterans 
              Affairs.
Sec. 1004. Phase out of All-Volunteer Educational Assistance Program.
Sec. 1005. Requirements for in-State tuition.
Sec. 1006. Expansion of authority for certain qualifying work-study 
              activities for purposes of the educational assistance 
              programs of the Department of Veterans Affairs to include 
              outreach services provided through congressional offices.
Sec. 1007. Restoration of entitlement to rehabilitation programs for 
              veterans affected by school closure or disapproval.
Sec. 1008. Technical correction to clarify eligibility for 
              participation in Yellow Ribbon Program of Department of 
              Veterans Affairs.
Sec. 1009. Clarification of educational assistance for individuals who 
              pursue an approved program of education leading to a 
              degree while on active duty.
Sec. 1010. Verification of enrollment for purposes of receipt of Post-
              9/11 Educational Assistance benefits.
Sec. 1011. Clarification regarding the dependents to whom entitlement 
              to educational assistance may be transferred under the 
              Post 9/11 Educational Assistance Program.
Sec. 1012. Expansion of reasons for which a course of education may be 
              disapproved.
Sec. 1013. Oversight of educational institutions with approved 
              programs: risk-based surveys.
Sec. 1014. Oversight of educational institutions subject to Government 
              action for purposes of the educational assistance 
              programs of the Department of Veterans Affairs.
Sec. 1015. Additional requirement for approval of educational 
              institutions for purposes of the educational assistance 
              programs of the Department of Veterans Affairs.
Sec. 1016. Clarification of accreditation for law schools for purposes 
              of the educational assistance programs of the Department 
              of Veterans Affairs.
Sec. 1017. Clarification of grounds for disapproval of a course for 
              purposes of the educational assistance programs of the 
              Department of Veterans Affairs.
Sec. 1018. Requirements for educational institutions participating in 
              the educational assistance programs of the Department of 
              Veterans Affairs.
Sec. 1019. Overpayments to eligible persons or veterans.
Sec. 1020. Improvements to limitation on certain advertising, sales, 
              and enrollment practices.
Sec. 1021. Charge to entitlement to educational assistance for 
              individuals who do not transfer credits from certain 
              closed or disapproved programs of education.
Sec. 1022. Department of Veterans Affairs treatment of for-profit 
              educational institutions converted to nonprofit 
              educational institutions.
Sec. 1023. Authority of State approving agencies to conduct outreach 
              activities.
Sec. 1024. Limitation on colocation and administration of State 
              approving agencies.
Sec. 1025. Elimination of period of eligibility for training and 
              rehabilitation for certain veterans with service-
              connected disabilities.

                    Subtitle B--Pandemic Assistance

Sec. 1101. Definitions.
Sec. 1102. Continuation of Department of Veterans Affairs educational 
              assistance benefits during COVID-19 emergency.
Sec. 1103. Effects of closure of educational institution and 
              modification of courses by reason of COVID-19 emergency.
Sec. 1104. Payment of educational assistance in cases of withdrawal.
Sec. 1105. Modification of time limitations on use of entitlement.
Sec. 1106. Apprenticeship or on-job training requirements.
Sec. 1107. Inclusion of training establishments in certain provisions 
              related to COVID-19 emergency.
Sec. 1108. Treatment of payment of allowances under Student Veteran 
              Coronavirus Response Act.

                           TITLE II--BENEFITS

                     Subtitle A--Benefits Generally

Sec. 2001. Revision of definition of Vietnam era for purposes of the 
              laws administered by the Secretary of Veterans Affairs.
Sec. 2002. Matters relating to Department of Veterans Affairs medical 
              disability examinations.
Sec. 2003. Medal of Honor special pension for surviving spouses.
Sec. 2004. Modernization of service-disabled veterans insurance.
Sec. 2005. Denial of claims for traumatic injury protection under 
              Servicemembers' Group Life Insurance.
Sec. 2006. Publication and acceptance of disability benefit 
              questionnaire forms of Department of Veterans Affairs.
Sec. 2007. Threshold for reporting debts to consumer reporting 
              agencies.
Sec. 2008. Removal of dependents from award of compensation or pension.
Sec. 2009. Eligibility for dependency and indemnity compensation for 
              surviving spouses who remarry after age 55.
Sec. 2010. Study on exposure by members of the Armed Forces to 
              toxicants at Karshi-Khanabad Air Base in Uzbekistan.
Sec. 2011. Comptroller General briefing and report on repealing 
              manifestation period for presumptions of service 
              connection for certain diseases associated with exposure 
              to certain herbicide agents.
Sec. 2012. Extension of authority of Secretary of Veterans Affairs to 
              use income information from other agencies.
Sec. 2013. Extension on certain limits on payments of pension.

                          Subtitle B--Housing

Sec. 2101. Eligibility of certain members of the reserve components of 
              the Armed Forces for home loans from the Secretary of 
              Veterans Affairs.
Sec. 2102. Reducing loan fees for certain veterans affected by major 
              disasters.
Sec. 2103. Extension of certain housing loan fees.
Sec. 2104. Collection of overpayments of specially adapted housing 
              assistance.

                       Subtitle C--Burial Matters

Sec. 2201. Transportation of deceased veterans to veterans' cemeteries.
Sec. 2202. Increase in certain funeral benefits under laws administered 
              by the Secretary of Veterans Affairs.
Sec. 2203. Outer burial receptacles for each new grave in cemeteries 
              that are the subjects of certain grants made by the 
              Secretary of Veterans Affairs.
Sec. 2204. Provision of inscriptions for spouses and children on 
              certain headstones and markers furnished by the Secretary 
              of Veterans Affairs.
Sec. 2205. Aid to counties for establishment, expansion, and 
              improvement of veterans' cemeteries.
Sec. 2206. Increase in maximum amount of grants to States, counties, 
              and tribal organizations for operating and maintaining 
              veterans' cemeteries.

[[Page S7333]]

Sec. 2207. Provision of urns and commemorative plaques for remains of 
              certain veterans whose cremated remains are not interred 
              in certain cemeteries.
Sec. 2208. Training of State and tribal veterans' cemetery personnel by 
              National Cemetery Administration.

                         TITLE III--HEALTH CARE

                   Subtitle A--Health Care Generally

Sec. 3001. Expansion of modifications to Veteran Directed Care program.
Sec. 3002. Prohibition on collection of a health care copayment by the 
              Secretary of Veterans Affairs from a veteran who is a 
              member of an Indian tribe.
Sec. 3003. Oversight for State homes regarding COVID-19 infections, 
              response capacity, and staffing levels.
Sec. 3004. Grants for State homes located on tribal lands.
Sec. 3005. Continuation of Women's Health Transition Training program 
              of Department of Veterans Affairs.
Sec. 3006. Authority for Secretary of Veterans Affairs to furnish 
              medically necessary transportation for newborn children 
              of certain women veterans.
Sec. 3007. Waiver of requirements of Department of Veterans Affairs for 
              receipt of per diem payments for domiciliary care at 
              State homes and modification of eligibility for such 
              payments.
Sec. 3008. Expansion of quarterly update of information on staffing and 
              vacancies at facilities of the Department of Veterans 
              Affairs to include information on duration of hiring 
              process.
Sec. 3009. Requirement for certain Department of Veterans Affairs 
              medical facilities to have physical location for the 
              disposal of controlled substances medications.
Sec. 3010. Department of Veterans Affairs pilot program for clinical 
              observation by undergraduate students.

             Subtitle B--Scheduling and Consult Management

Sec. 3101. Process and requirements for scheduling appointments for 
              health care from Department of Veterans Affairs and non-
              Department health care.
Sec. 3102. Audits regarding scheduling of appointments and management 
              of consultations for health care from Department of 
              Veterans Affairs and non-Department health care.
Sec. 3103. Administration of non-Department of Veterans Affairs health 
              care.
Sec. 3104. Examination of health care consultation and scheduling 
              positions of Department of Veterans Affairs.

                    TITLE IV--NAVY SEAL BILL MULDER

Sec. 4001. Short title.

              Subtitle A--Service-connection and COVID-19

Sec. 4101. Presumptions of service-connection for members of Armed 
              Forces who contract Coronavirus Disease 2019 under 
              certain circumstances.

              Subtitle B--Assistance for Homeless Veterans

Sec. 4201. Flexibility for the Secretary of Veterans Affairs in caring 
              for homeless veterans during a covered public health 
              emergency.
Sec. 4202. Legal services for homeless veterans and veterans at risk 
              for homelessness.
Sec. 4203. Gap analysis of Department of Veterans Affairs programs that 
              provide assistance to women veterans who are homeless.
Sec. 4204. Improvements to grants awarded by the Secretary of Veterans 
              Affairs to entities that provide services to homeless 
              veterans.
Sec. 4205. Repeal of sunset on authority to carry out program of 
              referral and counseling services for veterans at risk for 
              homelessness who are transitioning from certain 
              institutions.
Sec. 4206. Coordination of case management services for veterans 
              receiving housing vouchers under Tribal Housing and Urban 
              Development-Veterans Affairs Supportive Housing program.
Sec. 4207. Contracts relating to case managers for homeless veterans in 
              supported housing program.
Sec. 4208. Report on staffing of Department of Housing and Urban 
              Development-Department of Veterans Affairs supported 
              housing program.

             Subtitle C--Retraining Assistance for Veterans

Sec. 4301. Access for the Secretaries of Labor and Veterans Affairs to 
              the Federal directory of new hires.
Sec. 4302. Expansion of eligible class of providers of high technology 
              programs of education for veterans.
Sec. 4303. Pilot program for off-base transition training for veterans 
              and spouses.
Sec. 4304. Grants for provision of transition assistance to members of 
              the Armed Forces after separation, retirement, or 
              discharge.
Sec. 4305. One-year independent assessment of the effectiveness of 
              Transition Assistance Program.
Sec. 4306. Longitudinal study on changes to Transition Assistance 
              Program.

                        TITLE V--DEBORAH SAMPSON

Sec. 5001. Short title.

 Subtitle A--Improving Access for Women Veterans to the Department of 
                            Veterans Affairs

Sec. 5101. Office of Women's Health in Department of Veterans Affairs.
Sec. 5102. Women veterans retrofit initiative.
Sec. 5103. Establishment of environment of care standards and 
              inspections at Department of Veterans Affairs medical 
              centers.
Sec. 5104. Provision of reintegration and readjustment services to 
              veterans and family members in group retreat settings.
Sec. 5105. Provision of legal services for women veterans.
Sec. 5106. Comptroller General surveys and report on supportive 
              services provided for very low-income women veterans.
Sec. 5107. Programs on assistance for child care for certain veterans.
Sec. 5108. Availability of prosthetics for women veterans from 
              Department of Veterans Affairs.
Sec. 5109. Requirement to improve Department of Veterans Affairs women 
              veterans call center.
Sec. 5110. Study on infertility services furnished at Department of 
              Veterans Affairs.
Sec. 5111. Sense of Congress on access to facilities of Department of 
              Veterans Affairs by reservists for counseling and 
              treatment relating to military sexual trauma.

            Subtitle B--Increasing Staff Cultural Competency

Sec. 5201. Staffing of women's health primary care providers at medical 
              facilities of Department of Veterans Affairs.
Sec. 5202. Additional funding for primary care and emergency care 
              clinicians in Women Veterans Health Care Mini-Residency 
              Program.
Sec. 5203. Establishment of women veteran training module for non-
              Department of Veterans Affairs health care providers.
Sec. 5204. Study on staffing of women veteran program manager program 
              at medical centers of Department of Veterans Affairs and 
              training of staff.
Sec. 5205. Study on Women Veteran Coordinator program.
Sec. 5206. Staffing improvement plan for peer specialists of Department 
              of Veterans Affairs who are women.

             Subtitle C--Eliminating Harassment and Assault

Sec. 5301. Expansion of coverage by Department of Veterans Affairs of 
              counseling and treatment for sexual trauma.
Sec. 5302. Assessment of effects of intimate partner violence on women 
              veterans by Advisory Committee on Women Veterans.
Sec. 5303. Anti-harassment and anti-sexual assault policy of Department 
              of Veterans Affairs.
Sec. 5304. Pilot program on assisting veterans who experience intimate 
              partner violence or sexual assault.
Sec. 5305. Study and task force on veterans experiencing intimate 
              partner violence or sexual assault.

               Subtitle D--Data Collection and Reporting

Sec. 5401. Requirement for collection and analysis of data on 
              Department of Veterans Affairs benefits and services and 
              disaggregation of such data by gender, race, and 
              ethnicity.
Sec. 5402. Study on barriers for women veterans to receipt of health 
              care from Department of Veterans Affairs.
Sec. 5403. Study on feasibility and advisability of offering Parenting 
              STAIR program at all medical centers of Department of 
              Veterans Affairs.

                      Subtitle E--Benefits Matters

Sec. 5501. Evaluation of service-connection of mental health conditions 
              relating to military sexual trauma.
Sec. 5502. Choice of sex of Department of Veterans Affairs medical 
              examiner for assessment of claims for compensation 
              relating to disability resulting from physical assault of 
              a sexual nature, battery of a sexual nature, or sexual 
              harassment.

[[Page S7334]]

Sec. 5503. Secretary of Veterans Affairs report on implementing 
              recommendations of Inspector General of Department of 
              Veterans Affairs in certain report on denied 
              posttraumatic stress disorder claims related to military 
              sexual trauma.

      TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS

Sec. 6001. Short title.
Sec. 6002. Plan to address the financial exploitation of veterans 
              receiving pension from the Department of Veterans 
              Affairs.
Sec. 6003. Overpayments of pension to veterans receiving pension from 
              the Department of Veterans Affairs.
Sec. 6004. Evaluation of additional actions for verifying direct 
              deposit information provided by veterans on applications 
              for veterans pension.
Sec. 6005. Annual report on efforts of Department of Veterans Affairs 
              to address the financial exploitation of veterans 
              receiving pension.
Sec. 6006. Notice regarding fees charged in connection with filing an 
              application for veterans pension.
Sec. 6007. Outreach plan for educating vulnerable veterans about 
              potential financial exploitation relating to the receipt 
              of pension.

                        TITLE VII--OTHER MATTERS

              Subtitle A--Administrative and Other Matters

Sec. 7001. Medical examination protocol for volunteer drivers 
              participating in program of transportation services for 
              veterans.
Sec. 7002. Department of Veterans Affairs Advisory Committee on Tribal 
              and Indian Affairs.
Sec. 7003. Preference for offerors employing veterans.
Sec. 7004. Extension of certain employment and reemployment rights to 
              members of the National Guard who perform State active 
              duty.
Sec. 7005. Repayment of misused benefits.
Sec. 7006. Exemption of certain transfers.
Sec. 7007. Report and planned actions of the Secretary of Veterans 
              Affairs to address certain high-risk areas of the 
              Department of Veterans Affairs.
Sec. 7008. Annual report by Secretary of Veterans Affairs on 
              implementation of priority recommendations of Comptroller 
              General of the United States pertaining to Department of 
              Veterans Affairs.
Sec. 7009. Clarification of methods used to monitor compliance with 
              certain limitations on subcontracting.
Sec. 7010. Department of Veterans Affairs requirement to provide 
              certain notice to persons filing claims for damage, 
              injury, or death on Standard Form 95.

    Subtitle B--Matters Relating to the Chief Financial Officer of 
                     Department of Veterans Affairs

Sec. 7101. Definitions.
Sec. 7102. Plans for addressing material weaknesses and providing 
              sufficient authority to Chief Financial Officer of 
              Department of Veterans Affairs.
Sec. 7103. Chief Financial Officer attestation.
Sec. 7104. Chief Financial Officer responsibility for subordinate chief 
              financial officers.

                Subtitle C--Servicemembers Civil Relief

Sec. 7201. Clarification of delivery of notice of termination of leases 
              of premises and motor vehicles for purposes of relief 
              under Servicemembers Civil Relief Act.
Sec. 7202. Technical correction regarding extension of lease 
              protections for servicemembers under stop movement orders 
              in response to local, national, or global emergency.

     SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                           TITLE I--EDUCATION

                    Subtitle A--Education Generally

     SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS STEM 
                   SCHOLARSHIP PROGRAM OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Clarification and Expansion of Eligibility.--Subsection 
     (b)(4) of section 3320 of title 38, United States Code, is 
     amended--
       (1) in subparagraph (A)(i)--
       (A) in the matter preceding subclause (I), by inserting ``, 
     or a dual degree program that includes such an undergraduate 
     college degree,'' after ``undergraduate college degree'';
       (B) by striking subclause (IX); and
       (C) by redesignating subclauses (X) and (XI) as subclauses 
     (IX) and (X), respectively;
       (2) in subparagraph (B)--
       (A) by inserting ``covered clinical training program for 
     health care professionals or a'' before ``program of 
     education''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) is an individual who has earned a graduate degree in 
     a field referred to in subparagraph (A)(i) and is enrolled in 
     a covered clinical training program for health care 
     professionals.''.
       (b) Priority.--Subsection (c) of such section is amended to 
     read as follows:
       ``(c) Priority.--(1) If the Secretary determines that there 
     are insufficient funds available in a fiscal year to provide 
     additional benefits under this section to all eligible 
     individuals, the Secretary may give priority to the following 
     eligible individuals:
       ``(A) Individuals who require the most credit hours 
     described in subsection (b)(4).
       ``(B) Individuals who are entitled to educational 
     assistance under this chapter by reason of paragraph (1), 
     (2), (8), or (9) of section 3311(b) of this title.
       ``(2) The Secretary shall give priority to individuals 
     under paragraph (1) in the following order:
       ``(A) Individuals who are enrolled in a program of 
     education leading to an undergraduate degree in a field 
     referred to in subsection (b)(4)(A)(i).
       ``(B) Individuals who are enrolled in a program of 
     education leading to a teaching certificate.
       ``(C) Individuals who are enrolled in a dual-degree program 
     leading to both an undergraduate and graduate degree in a 
     field referred to in subsection (b)(4)(A)(i).
       ``(D) Individuals who have earned an undergraduate degree 
     and are enrolled in a covered clinical training program for 
     health care professionals.
       ``(E) Individuals who have earned a graduate degree and are 
     enrolled in a covered clinical training program for health 
     care professionals.''.
       (c) Amounts Not Subject to Certain Limitation.--Subsection 
     (d) of such section is amended by adding at the end the 
     following new paragraph:
       ``(4) Notwithstanding any other provision of this chapter 
     or chapter 36 of this title, any additional benefits under 
     this section may not be counted toward the aggregate period 
     for which section 3695 of this title limits an individual's 
     receipt of allowance or assistance.''.
       (d) Covered Clinical Training Program Defined.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(h) Covered Clinical Training Program Defined.--In this 
     section, the term `covered clinical training program' means 
     any clinical training required by a health care professional 
     to be licensed to practice in a State or locality.''.

     SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO 
                   CHILDREN AND SPOUSES OF CERTAIN DECEASED 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Subsection (b) of section 3311 of title 
     38, United States Code, as amended by section 105 of the 
     Harry W. Colmery Veterans Educational Assistance Act of 2017 
     (Public Law 115-48), is further amended--
       (1) by redesignating paragraph (9) as paragraph (11); and
       (2) by inserting after paragraph (8) the following new 
     paragraphs (9) and (10):
       ``(9) An individual who is the child or spouse of a person 
     who, on or after September 11, 2001, dies in line of duty 
     while serving on duty other than active duty as a member of 
     the Armed Forces.
       ``(10) An individual who is the child or spouse of a member 
     of the Selected Reserve who dies on or after September 11, 
     2001, while a member of the Selected Reserve from a service-
     connected disability.''.
       (b) Conforming Amendments.--Title 38, United States Code, 
     is amended as follows:
       (1) In section 3311(f), by striking ``paragraph (8)'' each 
     place it appears and inserting ``paragraphs (8), (9), and 
     (10)''.
       (2) In section 3313(c)(1), by striking ``(8), or (9)'' and 
     inserting ``(8), (9), (10), or (11)''.
       (3) In section 3317(a), in the second sentence, by striking 
     ``paragraphs (1), (2), (8), and (9)'' and inserting 
     ``paragraphs (1), (2), (8), (9), (10), and (11)''.
       (4) In section 3320, as amended by section 1001 of this 
     title, in subsection (c)(1)(B), by striking ``(8), or (9)'' 
     and inserting ``(8), (9), (10), or (11)''.
       (5) In section 3322--
       (A) in subsection (e), by striking both ``sections 
     3311(b)(8) and 3319'' and inserting ``section 3319 and 
     paragraph (8), (9), or (10) of section 3311 of this title'';
       (B) in subsection (f), by striking ``section 3311(b)(8)'' 
     and inserting ``paragraph (8), (9), or (10) of section 3311 
     of this title''; and
       (C) in subsection (h)(2), by striking ``either section 
     3311(b)(8) or chapter 35'' and inserting ``either chapter 35 
     or paragraph (8), (9), or (10) of section 3311''.
       (c) Applicability Date.--The amendments made by this 
     section shall take effect immediately after the amendments 
     made by section 105 of the Harry W. Colmery Veterans 
     Educational Assistance Act of 2017 (Public Law 115-48) take 
     effect and shall apply with respect to a quarter, semester, 
     or term, as applicable, commencing on or after August 1, 
     2021.

[[Page S7335]]

  


     SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL-
                   VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 3011 of title 38, United States 
     Code, is amended--
       (1) in subsection (c)(1), by striking ``Any such election 
     shall be made at the time the individual initially enters on 
     active duty as a member of the Armed Forces'' and inserting 
     ``Any such election shall be made during the 90-day period 
     beginning on the day that is 180 days after the date on which 
     the individual initially enters initial training''; and
       (2) in subsection (b)(1), by striking ``that such 
     individual is entitled to such pay'' and inserting ``that 
     begin after the date that is 270 days after the date on which 
     the individual initially enters initial training''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is two years after the 
     date of the enactment of this Act.

     SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE 
                   PROGRAM.

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

     SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION.

       (a) In General.--Section 3679(c) of title 38, United States 
     Code, is amended--
       (1) in paragraph (2)(A), by striking ``less than three 
     years before the date of enrollment in the course 
     concerned''; and
       (2) in paragraph (4)--
       (A) by striking ``It shall'' and inserting ``(A) It 
     shall''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) To the extent feasible, the Secretary shall make 
     publicly available on the internet website of the Department 
     a database explaining any requirements described in 
     subparagraph (A) that are established by a public institution 
     of higher learning for an individual to be charged tuition 
     and fees at a rate that is equal to or less than the rate the 
     institution charges for tuition and fees for residents of the 
     State in which the institution is located. The Secretary 
     shall disapprove a course of education provided by such an 
     institution that does not provide the Secretary--
       ``(i) an initial explanation of such requirements; and
       ``(ii) not later than 90 days after the date on which any 
     such requirements change, the updated requirements.''.
       (b) Application.--The amendments made by this section shall 
     apply with respect to a quarter, semester, or term, as 
     applicable, commencing on or after August 1, 2021.

     SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING 
                   WORK-STUDY ACTIVITIES FOR PURPOSES OF THE 
                   EDUCATIONAL ASSISTANCE PROGRAMS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE 
                   OUTREACH SERVICES PROVIDED THROUGH 
                   CONGRESSIONAL OFFICES.

       (a) In General.--Section 3485(a)(4) of title 38, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(K) The following activities carried out at the offices 
     of Members of Congress for such Members:
       ``(i) The distribution of information to members of the 
     Armed Forces, veterans, and their dependents about the 
     benefits and services under laws administered by the 
     Secretary and other appropriate governmental and 
     nongovernmental programs.
       ``(ii) The preparation and processing of papers and other 
     documents, including documents to assist in the preparation 
     and presentation of claims for benefits under laws 
     administered by the Secretary.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2021.

     SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION 
                   PROGRAMS FOR VETERANS AFFECTED BY SCHOOL 
                   CLOSURE OR DISAPPROVAL.

       (a) Entitlement.--Section 3699 of title 38, United States 
     Code, is amended by striking ``chapter 30,'' each time it 
     appears and inserting ``chapter 30, 31,''.
       (b) Payment of Subsistence Allowances.--Section 
     3680(a)(2)(B) of title 38, United States Code, is amended--
       (1) by inserting ``or a subsistence allowance described in 
     section 3108'' before ``, during''; and
       (2) by inserting ``or allowance'' after ``such a stipend''.
       (c) Conforming Amendment.--Section 7 of the Student Veteran 
     Coronavirus Response Act of 2020 (134 Stat. 634; Public Law 
     116-140) is hereby repealed.
       (d) Effective Date.--The amendments made by this section 
     shall apply as if included in the enactment of section 109 of 
     the Harry W. Colmery Veterans Educational Assistance Act of 
     2017 (Public Law 115-48; 131 Stat. 978).

     SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGIBILITY FOR 
                   PARTICIPATION IN YELLOW RIBBON PROGRAM OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       Section 3317(a) of title 38, United States Code, is 
     amended--
       (1) by striking ``the full cost of established charges (as 
     specified in section 3313)'' and inserting ``the full cost of 
     tuition and fees for a program of education''; and
       (2) by striking ``those established charges'' and inserting 
     ``such tuition and fees''.

     SEC. 1009. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR 
                   INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM OF 
                   EDUCATION LEADING TO A DEGREE WHILE ON ACTIVE 
                   DUTY.

       (a) In General.--Section 3313(e) of title 38, United States 
     Code, is amended--
       (1) in the heading, by inserting ``for a Period of More 
     Than 30 Days'' after ``Active Duty'';
       (2) in paragraph (1), by inserting ``for a period of more 
     than 30 days'' after ``active duty''; and
       (3) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``for a period of more than 30 days'' after 
     ``active duty''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on August 1, 2022.

     SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF RECEIPT 
                   OF POST-9/11 EDUCATIONAL ASSISTANCE BENEFITS.

       (a) In General.--Section 3313 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(l) Verification of Enrollment.--(1) The Secretary shall 
     require--
       ``(A) each educational institution to submit to the 
     Secretary verification of each individual who is enrolled in 
     a course or program of education at the educational 
     institution and is receiving educational assistance under 
     this chapter--
       ``(i) not later than such time as the Secretary determines 
     reasonable after the date on which the individual is 
     enrolled; and
       ``(ii) not later than such time as the Secretary determines 
     reasonable after the last date on which a student is able to 
     withdraw from the course or program of education without 
     penalty; and
       ``(B) each individual who is enrolled in a course or 
     program of education and is receiving educational assistance 
     under this chapter to submit to the Secretary verification of 
     such enrollment for each month during which the individual is 
     so enrolled and receiving such educational assistance.
       ``(2) Verification under this subsection shall be in an 
     electronic form prescribed by the Secretary.
       ``(3) If an individual fails to submit the verification 
     required under paragraph (1)(B) for two consecutive months, 
     the Secretary may not make a monthly stipend payment to the 
     individual under this section until the individual submits 
     such verification.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2021.

     SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM 
                   ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE 
                   TRANSFERRED UNDER THE POST 9/11 EDUCATIONAL 
                   ASSISTANCE PROGRAM.

       (a) In General.--Section 3319(c) of title 38, United States 
     Code, is amended to read as follows:
       ``(c) Eligible Dependents.--
       ``(1) Transfer.--An individual approved to transfer an 
     entitlement to educational assistance under this section may 
     transfer the individual's entitlement to an eligible 
     dependent or a combination of eligible dependents.
       ``(2) Definition of eligible dependent.--For purposes of 
     this subsection, the term `eligible dependent' has the 
     meaning given the term `dependent' under subparagraphs (A), 
     (I), and (D) of section 1072(2) of title 10.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to educational assistance payable 
     under chapter 33 of title 38, United States Code, before, on, 
     or after the date that is 90 days after the date of the 
     enactment of this Act.

     SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF 
                   EDUCATION MAY BE DISAPPROVED.

       (a) In General.--Section 3672(b)(2) of title 38, United 
     States Code, is amended--
       (1) in subparagraph (A)(i), by inserting or ``or (D)'' 
     after ``subparagraph (C)''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) A program that is described in subparagraph (A)(i) of 
     this paragraph and offered by an educational institution that 
     is at risk of losing accreditation shall not be deemed to be 
     approved for purposes of this chapter. For purposes of this 
     subparagraph, an educational institution is at risk of losing 
     accreditation if that educational institution has received 
     from the relevant accrediting agency or association a notice 
     described in section 3673(e)(2)(D) of this title.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on August 1, 2021.

     SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTITUTIONS WITH 
                   APPROVED PROGRAMS: RISK-BASED SURVEYS.

       (a) Risk-based Surveys.--
       (1) In general.--Subchapter I of chapter 36, United States 
     Code, is amended by inserting after section 3673 the 
     following new section:

     ``Sec. 3673A. Risk-based surveys

       ``(a) Development Required.--The Secretary, in partnership 
     with State approving agencies, shall develop a searchable 
     risk-based survey for oversight of educational institutions 
     with courses and programs of education approved under this 
     chapter.
       ``(b) Scope.--(1) The scope of the risk-based survey 
     developed under subsection (a) shall be determined by the 
     Secretary, in partnership with the State approving agency.
       ``(2) At a minimum the scope determined under paragraph (1) 
     shall include the following:

[[Page S7336]]

       ``(A) Rapid increase in veteran enrollment.
       ``(B) Rapid increase in tuition and fees.
       ``(C) Complaints tracked and published with the mechanism 
     required by section 3698(b)(2) from students pursuing 
     programs of education with educational assistance furnished 
     under laws administered by the Secretary, based on severity 
     or volume of the complaints.
       ``(D) Compliance with section 3680A(d)(1) of this title.
       ``(E) Veteran completion rates.
       ``(F) Indicators of financial stability.
       ``(G) Review of the advertising and recruiting practices of 
     the educational institution, including those by third-party 
     contractors of the educational institution.
       ``(H) Matters for which the Federal Government or a State 
     Government brings an action in a court of competent 
     jurisdiction against an educational institution, including 
     matters in cases in which the Federal Government or the State 
     comes to a settled agreement on such matters outside of the 
     court.
       ``(c) Database.--The Secretary, in partnership with the 
     State approving agencies under this chapter, shall establish 
     a database or use an existing system, as the Secretary 
     considers appropriate, to serve as a central repository for 
     information required for or collected during site visits for 
     the risk-based survey developed under subsection (a), so as 
     to improve future oversight of educational institutions with 
     programs of education approved under this chapter.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by inserting 
     after the item relating to section 3673 the following new 
     item:

``3673A. Risk-based surveys.''.
       (b) Use of State Approving Agencies for Oversight 
     Activities.--
       (1) In general.--Section 3673(d) of title 38, United States 
     Code, is amended--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``compliance and risk-based surveys'' and 
     inserting ``a risk-based survey developed under section 3673A 
     of this title''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on October 1, 2022.

     SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO 
                   GOVERNMENT ACTION FOR PURPOSES OF THE 
                   EDUCATIONAL ASSISTANCE PROGRAMS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 3673 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) Notice of Government Action.--(1)(A) If the Secretary 
     receives notice described in paragraph (2), or otherwise 
     becomes aware of an action or event described in paragraph 
     (3), with respect to an educational institution, the 
     Secretary shall transmit such notice or provide notice of 
     such action or event to the State approving agency for the 
     State where the educational institution is located by not 
     later than 30 days after the date on which the Secretary 
     receives such notice or becomes aware of such action or 
     event.
       ``(B) If a State approving agency receives notice as 
     described in paragraph (2), or otherwise becomes aware of an 
     action or event described in paragraph (3), with respect to 
     an educational institution, other than from the Secretary 
     pursuant to subparagraph (A) of this paragraph, the State 
     approving agency shall immediately notify the Secretary.
       ``(C) Not later than 60 days after the date on which a 
     State approving agency receives notice under subparagraph 
     (A), receives notice as described in subparagraph (B), or 
     becomes aware as described in such subparagraph, as the case 
     may be, regarding an educational institution, such State 
     approving agency shall--
       ``(i) complete a risk-based survey of such educational 
     institution; and
       ``(ii) provide the Secretary with--
       ``(I) a complete report on the findings of the State 
     approving agency with respect to the risk-based survey 
     completed under clause (i) and any actions taken as a result 
     of such findings; and
       ``(II) any supporting documentation and pertinent records.
       ``(2) Notice described in this paragraph is any of the 
     following:
       ``(A) Notice from the Secretary of Education of an event 
     under paragraph (3)(A).
       ``(B) Notice of an event under paragraph (3)(B).
       ``(C) Notice from a State of an action taken by that State 
     under paragraph (3)(C).
       ``(D) Notice provided by an accrediting agency or 
     association of an action described in paragraph (3)(D) taken 
     by that agency or association.
       ``(E) Notice that the Secretary of Education has placed the 
     educational institution on provisional certification status.
       ``(3) An action or event under this paragraph is any of the 
     following:
       ``(A) The receipt by an educational institution of payments 
     under the heightened cash monitoring level 2 payment method 
     pursuant to section 487(c)(1)(B) of the Higher Education Act 
     of 1965 (20 U.S.C. 1094).
       ``(B) Punitive action taken by the Attorney General, the 
     Federal Trade Commission, or any other Federal department or 
     agency for misconduct or misleading marketing practices that 
     would violate the standards defined by the Secretary of 
     Veterans Affairs.
       ``(C) Punitive action taken by a State against an 
     educational institution.
       ``(D) The loss, or risk of loss, by an educational 
     institution of an accreditation from an accrediting agency or 
     association, including notice of probation, suspension, an 
     order to show cause relating to the educational institution's 
     academic policies and practices or to its financial 
     stability, or revocation of accreditation.
       ``(E) The placement of an educational institution on 
     provisional certification status by the Secretary of 
     Education.
       ``(4) If a State approving agency disapproves or suspends 
     an educational institution, the State approving agency shall 
     provide notice of such disapproval or suspension to the 
     Secretary and to all other State approving agencies.
       ``(5) This subsection shall be carried out using amounts 
     made available pursuant to section 3674(a)(4) of this title 
     as long as such amounts remain available.
       ``(6) For each notice transmitted or provided to a State 
     approving agency under paragraph (1) with respect to an 
     educational institution, the Secretary shall ensure the 
     careful review of--
       ``(A) to the extent possible, the action that gave rise to 
     such notice; and
       ``(B) any other action against the educational institution 
     by any Federal or State government entity or by the 
     educational institution's accreditor.
       ``(7) In this subsection, the term `risk-based survey' 
     means the risk-based survey developed under section 3673A of 
     this title.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2021.

     SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDUCATIONAL 
                   INSTITUTIONS FOR PURPOSES OF THE EDUCATIONAL 
                   ASSISTANCE PROGRAMS OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Section 3675 of title 38, United States 
     Code, is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(4) The educational institution is approved and 
     participates in a program under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.) or the 
     Secretary has waived the requirement under this paragraph 
     with respect to an educational institution and submits to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives notice of such waiver.''.
       (2) by adding at the end the following new subsection:
       ``(d)(1) The Secretary shall submit to Congress an annual 
     report on any waivers issued pursuant to subsection (b)(4) or 
     section 3672(b)(2)(A)(i) of this title.
       ``(2) Each report submitted under paragraph (1) shall 
     include, for the year covered by the report, the following:
       ``(A) The name of each educational institution for which a 
     waiver was issued.
       ``(B) The justification for each such waiver.
       ``(C) The total number of waivers issued.''.
       (b) Requirement for Approval of Standard College Degree 
     Programs.--Clause (i) of section 3672(b)(2)(A) of such title 
     is amended to read as follows:
       ``(i) Except as provided in subparagraph (C) or (D), an 
     accredited standard college degree program offered at a 
     public or not-for-profit proprietary educational institution 
     that--
       ``(I) is accredited by an agency or association recognized 
     for that purpose by the Secretary of Education; and
       ``(II) is approved and participates in a program under 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
     et seq.), unless the Secretary has waived the requirement to 
     participate in a program under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on August 1, 2021.

     SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS FOR 
                   PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS 
                   OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Paragraphs (14)(B) and (15)(B) of section 
     3676(c) of title 38, United States Code, are each amended--
       (1) by striking ``an accrediting agency'' both places it 
     appears and inserting ``a specialized accrediting agency for 
     programs of legal education''; and
       (2) by inserting before the period the following: ``, from 
     which recipients of law degrees from such accredited programs 
     are eligible to sit for a bar examination in any State''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on August 1, 2021.

     SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A 
                   COURSE FOR PURPOSES OF THE EDUCATIONAL 
                   ASSISTANCE PROGRAMS OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Section 3679 of title 38, United States 
     Code, is amended--
       (1) by inserting ``(including failure to comply with a 
     risk-based survey under this chapter or secure an affirmation 
     of approval by the appropriate State approving agency 
     following the survey)'' after ``requirements of this 
     chapter''; and
       (2) by adding at the end the following new subsection:
       ``(f) In this section, the term `risk-based survey' means a 
     risk-based survey developed under section 3673A(a) of this 
     title.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2021.

[[Page S7337]]

  


     SEC. 1018. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS 
                   PARTICIPATING IN THE EDUCATIONAL ASSISTANCE 
                   PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 3679 of title 38, United States 
     Code, as amended by section 1017 of this title, is further 
     amended by adding at the end the following new subsection:
       ``(f)(1) Except as provided by paragraph (5), a State 
     approving agency, or the Secretary when acting in the role of 
     the State approving agency, shall take an action described in 
     paragraph (4)(A) if the State approving agency or the 
     Secretary, when acting in the role of the State approving 
     agency, determines that an educational institution does not 
     perform any of the following:
       ``(A) Prior to the enrollment of a covered individual in a 
     course of education at the educational institution, provide 
     the individual with a form that contains information 
     personalized to the individual that describes--
       ``(i) the estimated total cost of the course, including 
     tuition, fees, books, supplies, and any other additional 
     costs;
       ``(ii) an estimate of the cost for living expenses for 
     students enrolled in the course;
       ``(iii) the amount of the costs under clauses (i) and (ii) 
     that are covered by the educational assistance provided to 
     the individual under chapter 30, 31, 32, 33, or 35 of this 
     title, or chapter 1606 or 1607 of title 10, as the case may 
     be;
       ``(iv) the type and amount of Federal financial aid not 
     administered by the Secretary and financial aid offered by 
     the institution that the individual may qualify to receive;
       ``(v) an estimate of the amount of student loan debt the 
     individual would have upon graduation;
       ``(vi) information regarding graduation rates;
       ``(vii) job-placement rates for graduates of the course, if 
     available;
       ``(viii) information regarding the acceptance by the 
     institution of transfer of credits, including military 
     credits;
       ``(ix) any conditions or additional requirements, including 
     training, experience, or examinations, required to obtain the 
     license, certification, or approval for which the course of 
     education is designed to provide preparation; and
       ``(x) other information to facilitate comparison by the 
     individual of aid packages offered by different educational 
     institutions.
       ``(B) Not later than 15 days after the date on which the 
     institution (or the governing body of the institution) 
     determines tuition rates and fees for an academic year that 
     is different than the amount being charged by the 
     institution, provide a covered individual enrolled in a 
     course of education at the educational institution with the 
     form under subparagraph (A) that contains updated 
     information.
       ``(C) Maintain policies to--
       ``(i) inform each covered individual enrolled in a course 
     of education at the educational institution of the 
     availability of Federal financial aid not administered by the 
     Secretary and financial aid offered by the institution; and
       ``(ii) alert such individual of the potential eligibility 
     of the individual for such financial aid before packaging or 
     arranging student loans or alternative financing programs for 
     the individual.
       ``(D) Maintain policies to--
       ``(i) prohibit the automatic renewal of a covered 
     individual in courses and programs of education; and
       ``(ii) ensure that each covered individual approves of the 
     enrollment of the individual in a course.
       ``(E) Provide to a covered individual enrolled in a course 
     of education at the educational institution with information 
     regarding the requirements to graduate from such course, 
     including information regarding when required classes will be 
     offered and a timeline to graduate.
       ``(F) With respect to an accredited educational 
     institution, obtain the approval of the accrediting agency 
     for each new course or program of the institution before 
     enrolling covered individuals in such courses or programs if 
     the accrediting agency determines that such approval is 
     appropriate under the substantive change requirements of the 
     accrediting agency regarding the quality, objectives, scope, 
     or control of the institution.
       ``(G) Maintain a policy that--
       ``(i) ensures that members of the Armed Forces, including 
     the reserve components and the National Guard, who enroll in 
     a course of education at the educational institution may be 
     readmitted at such institution if such members are 
     temporarily unavailable or have to suspend such enrollment by 
     reason of serving in the Armed Forces; and
       ``(ii) otherwise accommodates such members during short 
     absences by reason of such service.
       ``(H) Designate an employee of the educational institution 
     to serve as a point of contact for covered individuals and 
     the family of such individuals needing assistance with 
     respect to academic counseling, financial counseling, 
     disability counseling, and other information regarding 
     completing a course of education at such institution, 
     including by referring such individuals and family to the 
     appropriate persons for such counseling and information.
       ``(2) Except as provided by paragraph (5), a State 
     approving agency, or the Secretary when acting in the role of 
     the State approving agency, shall take an action described in 
     paragraph (4)(A) if the State approving agency, the 
     Secretary, or any Federal agency, determines that an 
     educational institution does any of the following:
       ``(A) Carries out deceptive or persistent recruiting 
     techniques, including on military installations, that may 
     include--
       ``(i) misrepresentation (as defined in section 
     3696(e)(2)(B) of this title) or payment of incentive 
     compensation;
       ``(ii) during any 1-month period making three or more 
     unsolicited contacts to a covered individual, including 
     contacts by phone, email, or in-person; or
       ``(iii) engaging in same-day recruitment and registration.
       ``(B) Pays inducements, including any gratuity, favor, 
     discount, entertainment, hospitality, loan, transportation, 
     lodging, meals, or other item having a monetary value of more 
     than a de minimis amount, to any individual or entity, or its 
     agents including third party lead generators or marketing 
     firms other than salaries paid to employees or fees paid to 
     contractors in conformity with all applicable laws for the 
     purpose of securing enrollments of covered individuals or 
     obtaining access to educational assistance under this title, 
     with the exception of scholarships, grants, and tuition 
     reductions provided by the educational institution.
       ``(3) A State approving agency, or the Secretary when 
     acting in the role of the State approving agency, shall take 
     an action described in paragraph (4)(A) if the State 
     approving agency or the Secretary, when acting in the role of 
     the State approving agency, determines that an educational 
     institution is the subject of a negative action made by the 
     accrediting agency that accredits the institution, including 
     any of the following:
       ``(A) Accreditor sanctions.
       ``(B) Accreditation probation.
       ``(C) The loss of accreditation or candidacy for 
     accreditation.
       ``(4)(A) An action described in this subparagraph is any of 
     the following:
       ``(i) Submitting to the Secretary a recommendation that the 
     Secretary publish a warning on the internet website of the 
     Department described in section 3698(c)(2) of this title, or 
     such other similar internet website of the Department, that 
     describes how an educational institution is failing to meet a 
     requirement under paragraph (1), (2), or (3).
       ``(ii) Disapproving a course for purposes of this chapter.
       ``(B)(i) The Secretary shall establish guidelines to ensure 
     that the actions described in subparagraph (A) are applied in 
     a proportional and uniform manner by State approving 
     agencies, or the Secretary when acting in the role of the 
     State approving agency.
       ``(ii) Each State approving agency and the Secretary, when 
     acting in the role of the State approving agency, shall 
     adhere to the guidelines established under clause (i).
       ``(C) The State approving agency, in consultation with the 
     Secretary, or the Secretary when acting in the role of the 
     State approving agency, may limit an action described in 
     subparagraph (A)(ii) to individuals not enrolled at the 
     educational institution before the period described in such 
     subparagraph.
       ``(5)(A) The Secretary may waive the requirements of 
     paragraph (1) or waive the requirements of paragraph (2) with 
     respect to an educational institution for a 1-academic-year 
     period beginning in August of the year in which the waiver is 
     made. A single educational institution may not receive 
     waivers under this paragraph for more than 2 consecutive 
     academic years.
       ``(B) To be considered for a waiver under this paragraph, 
     an educational institution shall submit to the Secretary an 
     application prior to the first day of the academic year for 
     which the waiver is sought.
       ``(6) Not later than October 1 of each year, the Secretary 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives the following reports:
       ``(A) A report, which shall be made publicly available, 
     that includes the following:
       ``(i) A summary of each action described in paragraph 
     (4)(A) made during the year covered by the report, 
     including--
       ``(I) the name of the educational institution;
       ``(II) the type of action taken;
       ``(III) the rationale for the action, including how the 
     educational institution was not in compliance with this 
     subsection;
       ``(IV) the length of time that the educational institution 
     was not in such compliance; and
       ``(V) whether the educational institution was also not in 
     compliance with this subsection during any of the 2 years 
     prior to the year covered by the report.
       ``(ii) A summary and justifications for the waivers made 
     under paragraph (5) during the year covered by the report, 
     including the total number of waivers each educational 
     institution has received.
       ``(B) A report containing the recommendations of the 
     Secretary with respect to any legislative actions the 
     Secretary determines appropriate to ensure that this 
     subsection is carried out in a manner that is consistent with 
     the requirements that educational institutions must meet for 
     purposes of other departments or agencies of the Federal 
     Government.
       ``(7) In this subsection, the term `covered individual' 
     means an individual who is pursuing a course of education at 
     an educational institution under chapter 30, 31, 32, 33, or 
     35 of this title, or chapter 1606 or 1607 of title 10.''.

[[Page S7338]]

       (b) Application Date.--The amendment made by this section 
     shall take effect on June 15, 2021, and shall apply to an 
     educational institution beginning on August 1, 2021, except 
     that an educational institution may submit an application for 
     a waiver under subsection (f)(5) of section 3679 of title 38, 
     United States Code, as added by subsection (a), beginning on 
     June 15, 2021.

     SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS.

       (a) In General.--Subsection (b) of section 3685 of title 
     38, United States Code, is amended to read as follows:
       ``(b) Any overpayment to a veteran or eligible person with 
     respect to pursuit by the veteran or eligible person of a 
     program of education at an educational institution shall 
     constitute a liability of the educational institution to the 
     United States if--
       ``(1) the Secretary finds that the overpayment has been 
     made as the result of--
       ``(A) the willful or negligent failure of an educational 
     institution to report, as required under this chapter or 
     chapter 34 or 35 of this title, to the Department of Veterans 
     Affairs excessive absences from a course, or discontinuance 
     or interruption of a course by the veteran or eligible 
     person; or
       ``(B) the willful or negligent false certification by an 
     educational institution; or
       ``(2) the benefit payment sent to an educational 
     institution on behalf of an eligible veteran or person is 
     made pursuant to--
       ``(A) section 3313(h) of this title;
       ``(B) section 3317 of this title; or
       ``(C) section 3680(d) of this title; or
       ``(D) section 3320(d) of this title.''.
       (b) Clarifying Amendment.--Subsection (a) of such section 
     is further amended by inserting ``relating to educational 
     assistance under a law administered by the Secretary'' after 
     ``made to a veteran or eligible person''.

     SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING, 
                   SALES, AND ENROLLMENT PRACTICES.

       (a) Prohibition on Substantial Misrepresentation.--
       (1) In general.--Section 3696 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 3696. Prohibition on certain advertising, sales, and 
       enrollment practices

       ``(a) Prohibition on Engaging in Substantial 
     Misrepresentation.--An educational institution with a course 
     or program of education approved under this chapter, and an 
     entity that owns such an educational institution, shall not 
     engage in substantial misrepresentation described in 
     subsection (b).
       ``(b) Substantial Misrepresentation Described.--(1) 
     Substantial misrepresentation described in this paragraph is 
     substantial misrepresentation by an educational institution, 
     a representative of the institution, or any person with whom 
     the institution has an agreement to provide educational 
     programs, marketing, advertising, recruiting or admissions 
     services, concerning any of the following:
       ``(A) The nature of the educational program of the 
     institution, including misrepresentation regarding--
       ``(i) the particular type, specific source, or nature and 
     extent, of the accreditation of the institution or a course 
     of education at the institution;
       ``(ii) whether a student may transfer course credits to 
     another institution;
       ``(iii) conditions under which the institution will accept 
     transfer credits earned at another institution;
       ``(iv) whether successful completion of a course of 
     instruction qualifies a student--
       ``(I) for acceptance to a labor union or similar 
     organization; or
       ``(II) to receive, to apply to take, or to take an 
     examination required to receive a local, State, or Federal 
     license, or a nongovernmental certification required as a 
     precondition for employment, or to perform certain functions 
     in the States in which the educational program is offered, or 
     to meet additional conditions that the institution knows or 
     reasonably should know are generally needed to secure 
     employment in a recognized occupation for which the program 
     is represented to prepare students;
       ``(v) the requirements for successfully completing the 
     course of study or program and the circumstances that would 
     constitute grounds for terminating the student's enrollment;
       ``(vi) whether the courses of education at the institution 
     are recommended or have been the subject of unsolicited 
     testimonials or endorsements by--
       ``(I) vocational counselors, high schools, colleges, 
     educational organizations, employment agencies, members of a 
     particular industry, students, former students, or others; or
       ``(II) officials of a local or State government or the 
     Federal Government;
       ``(vii) the size, location, facilities, or equipment of the 
     institution;
       ``(viii) the availability, frequency, and appropriateness 
     of the courses of education and programs to the employment 
     objectives that the institution states the courses and 
     programs are designed to meet;
       ``(ix) the nature, age, and availability of the training 
     devices or equipment of the institution and the 
     appropriateness to the employment objectives that the 
     institution states the courses and programs are designed to 
     meet;
       ``(x) the number, availability, and qualifications, 
     including the training and experience, of the faculty and 
     other personnel of the institution;
       ``(xi) the availability of part-time employment or other 
     forms of financial assistance;
       ``(xii) the nature and availability of any tutorial or 
     specialized instruction, guidance and counseling, or other 
     supplementary assistance the institution will provide 
     students before, during, or after the completion of a course 
     of education;
       ``(xiii) the nature or extent of any prerequisites 
     established for enrollment in any course of education;
       ``(xiv) the subject matter, content of the course of 
     education, or any other fact related to the degree, diploma, 
     certificate of completion, or any similar document that the 
     student is to be, or is, awarded upon completion of the 
     course of education; and
       ``(xv) whether the degree that the institution will confer 
     upon completion of the course of education has been 
     authorized by the appropriate State educational agency, 
     including with respect to cases where the institution fails 
     to disclose facts regarding the lack of such authorization in 
     any advertising or promotional materials that reference such 
     degree.
       ``(B) The financial charges of the institution, including 
     misrepresentation regarding--
       ``(i) offers of scholarships to pay all or part of a course 
     charge;
       ``(ii) whether a particular charge is the customary charge 
     at the institution for a course;
       ``(iii) the cost of the program and the refund policy of 
     the institution if the student does not complete the program;
       ``(iv) the availability or nature of any financial 
     assistance offered to students, including a student's 
     responsibility to repay any loans, regardless of whether the 
     student is successful in completing the program and obtaining 
     employment; and
       ``(v) the student's right to reject any particular type of 
     financial aid or other assistance, or whether the student 
     must apply for a particular type of financial aid, such as 
     financing offered by the institution.
       ``(C) The employability of the graduates of the 
     institution, including misrepresentation regarding--
       ``(i) the relationship of the institution with any 
     organization, employment agency, or other agency providing 
     authorized training leading directly to employment;
       ``(ii) the plans of the institution to maintain a placement 
     service for graduates or otherwise assist graduates to obtain 
     employment;
       ``(iii) the knowledge of the institution about the current 
     or likely future conditions, compensation, or employment 
     opportunities in the industry or occupation for which the 
     students are being prepared;
       ``(iv) job market statistics maintained by the Federal 
     Government in relation to the potential placement of the 
     graduates of the institution; and
       ``(v) other requirements that are generally needed to be 
     employed in the fields for which the training is provided, 
     such as requirements related to commercial driving licenses 
     or permits to carry firearms, and failing to disclose factors 
     that would prevent an applicant from qualifying for such 
     requirements, such as prior criminal records or preexisting 
     medical conditions.
       ``(2) In this subsection:
       ``(A) The term `misleading statement' includes any 
     communication, action, omission, or intimation made in 
     writing, visually, orally, or through other means, that has 
     the likelihood or tendency to mislead the intended recipient 
     of the communication under the circumstances in which the 
     communication is made. Such term includes the use of student 
     endorsements or testimonials for an educational institution 
     that a student gives to the institution either under duress 
     or because the institution required the student to make such 
     an endorsement or testimonial to participate in a program of 
     education.
       ``(B) The term `misrepresentation' means any false, 
     erroneous, or misleading statement, action, omission, or 
     intimation made directly or indirectly to a student, a 
     prospective student, the public, an accrediting agency, a 
     State agency, or to the Secretary by an eligible institution, 
     one of its representatives, or any person with whom the 
     institution has an agreement to provide educational programs, 
     marketing, advertising, recruiting or admissions services.
       ``(C) The term `substantial misrepresentation' means 
     misrepresentation in which the person to whom it was made 
     could reasonably be expected to rely, or has reasonably 
     relied, to that person's detriment.
       ``(c) Limitation on Certain Commissions, Bonuses, and Other 
     Incentive Payments.--An educational institution with a course 
     or program of education approved under this chapter, and an 
     entity that owns such an educational institution, shall not 
     provide any commission, bonus, or other incentive payment 
     based directly or indirectly on success in securing 
     enrollments or financial aid to any persons or entities 
     engaged in any student recruiting or admission activities or 
     in making decisions regarding the award of student financial 
     assistance.
       ``(d) Requirement to Maintain Records.--(1) To ensure 
     compliance with this section, any educational institution 
     offering courses approved for the enrollment of eligible 
     persons or veterans shall maintain a complete record of all 
     advertising, sales, or enrollment materials (and copies 
     thereof) utilized by or on behalf of the institution during 
     the preceding two-year period. Such record shall be available 
     for inspection by the State approving agency or the 
     Secretary.

[[Page S7339]]

       ``(2) Such materials shall include but are not limited to 
     any direct mail pieces, brochures, printed literature used by 
     sales persons, films, video tapes, and audio tapes 
     disseminated through broadcast media, material disseminated 
     through print, digital, or electronic media, tear sheets, 
     leaflets, handbills, fliers, and any sales or recruitment 
     manuals used to instruct sales personnel, agents, or 
     representatives of such institution.
       ``(e) Agreement With Federal Trade Commission.--(1) The 
     Secretary shall, pursuant to section 3694 of this title, 
     enter into an agreement with the Federal Trade Commission to 
     utilize, where appropriate, its services and facilities, 
     consistent with its available resources, in carrying out 
     investigations and making the Under Secretary of Benefit's 
     preliminary findings under subsection (g)(1).
       ``(2) Such agreement shall provide that cases arising under 
     subsection (a) of this section or any similar matters with 
     respect to any of the requirements of this chapter or 
     chapters 34 and 35 of this title may be referred to the 
     Federal Trade Commission which in its discretion will conduct 
     an investigation and make preliminary findings.
       ``(3) The findings and results of any investigation under 
     paragraph (2) shall be referred to the Under Secretary for 
     Benefits, who shall take appropriate action under subsection 
     (g) in such cases not later than 60 days after the date of 
     such referral.
       ``(f) Final Judgments From Other Federal Agencies.--
     Whenever the Secretary becomes aware of a final judgment by a 
     Federal agency against an educational institution or owner of 
     an educational institution pertaining to substantial 
     misrepresentation described in subsection (b) or of other 
     credible evidence relating to a violation of subsection (a), 
     the Secretary, in partnership with the applicable State 
     approving agency, shall--
       ``(1) within 30 days, alert the educational institution or 
     owner that it is at risk of losing approval under this 
     chapter of its courses or programs of education;
       ``(2) provide the educational institution or owner 60 days 
     to provide any information it wishes to the Secretary;
       ``(3) require the educational institution or owner to 
     submit to the Secretary a report prepared by an approved 
     third-party auditor of the advertising and enrollment 
     practices of the educational institution or owner; and
       ``(4) refer the matter to the Under Secretary of Benefits, 
     who may thereafter make a preliminary finding under 
     subsection (g).
       ``(g) Preliminary Findings, Final Determinations, and 
     Processes.--(1) The Under Secretary for Benefits shall make 
     preliminary findings and final determinations on violations 
     of subsections (a), (c), and (d).
       ``(2)(A) The Under Secretary shall establish a process for 
     making preliminary findings and final determinations under 
     paragraph (1).
       ``(B) The process established under subparagraph (A) 
     shall--
       ``(i) clearly define what triggers an oversight visit by 
     the Under Secretary for purposes of enforcing subsections 
     (a), (c), and (d);
       ``(ii) set forth factors an educational institution, or the 
     owner of the educational institution, must meet in order to 
     retain approval status under this section, including with 
     respect to the factors set forth under subsection (h)(2);
       ``(iii) include a process for the provision of notice to an 
     educational institution, or the owner of the educational 
     institution, that the Under Secretary has made a preliminary 
     finding under paragraph (1) that the education institution or 
     owner has violated subsection (a), (c), or (d), which the 
     Under Secretary shall provide to the educational institution 
     or owner within such period after making the preliminary 
     finding as the Under Secretary shall establish for purposes 
     of this clause, except that, in every case, such period shall 
     end before the date on which the Under Secretary makes a 
     final determination under such paragraph; and
       ``(iv) include--
       ``(I) a process for receipt of findings from a third-party 
     pertinent to this section; and
       ``(II) a process for an educational institution or an owner 
     to provide such information as the educational institution or 
     owner determines appropriate to the Secretary, including 
     information about corrective actions the educational 
     institution or owner may have taken in response to 
     preliminary findings under paragraph (1).
       ``(C) The process established under subparagraph (A) shall 
     not prohibit a State approving agency from--
       ``(i) independently investigating a potential violation of 
     subsection (a), (c), or (d); or
       ``(ii) taking action if the State approving agency finds a 
     violation of subsection (a), (c), or (d).
       ``(3) Upon a preliminary finding under this subsection of a 
     violation of subsection (a), (c), or (d) by an educational 
     institution, or the owner of an educational institution, the 
     Under Secretary shall require the educational institution or 
     owner to submit to the Under Secretary a report prepared by 
     an approved third-party auditor of the advertising and 
     enrollment practices of the educational institution or owner.
       ``(4)(A) Before making a final determination under this 
     subsection regarding a violation of subsection (a), (c), or 
     (d) by an educational institution or owner of an educational 
     institution, the Under Secretary shall--
       ``(i) review the practices of the educational institution 
     or owner that pertain to activities and practices covered by 
     subsections (a), (c), and (d);
       ``(ii) consider the results of a risk-based survey 
     conducted by a State approving agency, if available; and
       ``(iii) review--
       ``(I) the findings and information received pursuant to the 
     processes established under paragraph (2)(B)(iii);
       ``(II) in a case in which a report was submitted under 
     subsection (f)(3), such report;
       ``(III) the report submitted under paragraph (3)(B) of this 
     subsection;
       ``(IV) any findings and results submitted under subsection 
     (e)(3);
       ``(V) the marketing and outreach material of the 
     educational institution and the contractors of the 
     educational institution.
       ``(B) The Under Secretary may not make a final 
     determination under this subsection solely based on 
     preliminary findings.
       ``(5) The Under Secretary may not delegate authority to 
     make a final determination under this subsection, including 
     to any employee of the Department or to the Federal Trade 
     Commission.
       ``(h) Enforcement.--(1)(A) Upon a final determination by 
     the Under Secretary for Benefits under subsection (g) that an 
     educational institution or the owner of an educational 
     institution violated subsection (a), (c), or (d), the Under 
     Secretary shall, but subject to subparagraphs (B), (C), and 
     (D) of this paragraph, take one of the following actions 
     independent of any actions taken under section 3690 of this 
     title:
       ``(i) Publish a caution flag on the GI Bill Comparison 
     Tool, or successor tool, about that educational institution 
     and alert its currently enrolled eligible veterans and 
     eligible persons.
       ``(ii) Suspend the approval of the courses and programs of 
     education offered by the educational institution by 
     disapproving new enrollments of eligible veterans and 
     eligible persons in each course or program of education 
     offered by that educational institution.
       ``(iii) Revoke the approval of the courses and programs of 
     education offered by the educational institution by 
     disapproving all enrollments of eligible veterans and 
     eligible persons in each course or program of education 
     offered by that educational institution.
       ``(B) In deciding upon a course of action under 
     subparagraph (A), for the first violation of this section, 
     the Secretary shall consider the factors set forth in 
     paragraph (2).
       ``(C) Subject to subsection (i), any repeat violation and 
     final finding within five years of the first violation of 
     this section shall result in--
       ``(i) a suspension of approval of new enrollments as 
     described in subparagraph (A)(ii) of this paragraph until 
     reinstatement under subsection (j); or
       ``(ii) a revocation of approval under this chapter as 
     described in subparagraph (A)(iii) of this paragraph until 
     reinstatement under subsection (j).
       ``(D) Subject to subsection (i), any third violation within 
     three years of the second violation of this section shall 
     result in revocation of approval under this chapter as 
     described in subparagraph (A)(iii) of this paragraph until 
     reinstatement under subsection (j).
       ``(E) Any action taken under subparagraph (A) of this 
     paragraph regarding a violation of subsection (a), (c), or 
     (d) by an educational institution or the owner of an 
     educational institution shall be taken on or before the date 
     that is 180 days after the date on which the Under Secretary 
     provided notice to the educational institution or owner 
     regarding the violation in accordance with the process 
     established under subsection (g)(2)(B)(iii).
       ``(2) The factors set forth in this paragraph are the 
     following:
       ``(A) That the Secretary's action brings sufficient 
     deterrence for future fraud against students and the programs 
     of education carried out under this title. Fraud against 
     veterans must be met with a repercussion strong enough to 
     send a deterrent message to this and other educational 
     institutions and owners.
       ``(B) That the educational institution has secured an 
     approved third-party auditor to verify the educational 
     institution's, or owner's, advertising and enrollment 
     practices for at least three years going forward.
       ``(C) That the educational institution or owner has 
     repudiated the deceptive practices and has communicated to 
     all employees that deceptive practices will not be tolerated, 
     and has instituted strong governance procedures to prevent 
     recurrence.
       ``(D) That the educational institution has taken steps to 
     remove any pressure on its enrollment recruiters, including 
     by removing enrollment quotas and incentives for enrollment.
       ``(E) That the State approving agency or the Secretary 
     acting in the role of the State approving agency, has 
     completed a risk-based survey and determined the educational 
     institution is worthy of serving eligible veterans and 
     eligible persons.
       ``(3) Enforcement action under this section shall not 
     preclude enforcement action under section 3690 of this title.
       ``(4) No action may be carried out under this subsection 
     with respect to a final determination by the Under Secretary 
     under subsection (g) while such final determination is 
     pending review under subsection (i).
       ``(i) Appeals.--(1) The Secretary shall establish a process 
     by which an educational institution or the owner of an 
     educational institution that is the subject of more than

[[Page S7340]]

     one final determination by the Under Secretary under 
     subsection (g)(1) that the educational institution or owner 
     violated subsection (a), may request a review of the most 
     recent final determination.
       ``(2)(A) The Secretary shall--
       ``(i) review each final determination for which a review is 
     requested under paragraph (1); and
       ``(ii) pursuant to such review, issue a final decision 
     sustaining, modifying, or overturning the final 
     determination.
       ``(B) The Secretary may not delegate any decision under 
     subparagraph (A).
       ``(C)(i) Review under subparagraph (A)(i) of this paragraph 
     shall be the exclusive avenue for review of a final 
     determination under subsection (g)(1).
       ``(ii) A decision issued pursuant to a review under 
     subparagraph (A)(i) may not be appealed to the Secretary for 
     review under section 7104(a) of this title.
       ``(3)(A) Not later than 30 days after the date on which the 
     Secretary issues a final decision under paragraph (2)(A)(ii), 
     the Secretary shall submit to Congress a report on such final 
     decision.
       ``(B) A report submitted under subparagraph (A) shall 
     include the following:
       ``(i) An outline of the decisionmaking process of the 
     Secretary that led to the final decision described in 
     subparagraph (A).
       ``(ii) Any relevant material used to make the final 
     decision under paragraph (2)(A)(ii), including risk-based 
     surveys and documentation from the educational institution or 
     the owners of the educational institution.
       ``(iii) Materials that were submitted to the Secretary 
     after the date of the final determination under subsection 
     (g) that was the subject of the final decision under 
     paragraph (2)(A)(ii) of this subsection and before the date 
     on which the Secretary issued such final decision.
       ``(j) Reinstatement of Approval.--(1) If an educational 
     institution or the owner of an educational institution has 
     had the approval of the courses or programs of education of 
     the educational institution suspended as described in clause 
     (ii) of subsection (h)(1)(A) or revoked as described in 
     clause (iii) of such subsection for a violation of subsection 
     (a), (c), or (d) pursuant to subparagraph (C) or (D) of 
     subsection (h)(1), the educational institution or owner may 
     submit to the applicable State approving agency or the 
     Secretary when acting as a State approving agency an 
     application for reinstatement of approval under this 
     subsection.
       ``(2) Approval under this chapter may not be reinstated 
     under this subsection until--
       ``(A) the educational institution or owner submits to the 
     applicable State approving agency or the Secretary when 
     acting as a State approving agency an application for 
     reinstatement of approval under paragraph (1);
       ``(B) the date that is 540 days after the date of the most 
     recent suspension or revocation described in paragraph (1) of 
     the educational institution or owner;
       ``(C) the educational institution submits a report by an 
     approved third-party auditor on the advertising and 
     enrollment practices of the educational institution, 
     including those of its third-party contractors;
       ``(D) procedures are in place to prevent any future 
     violation of subsection (a), (c), or (d);
       ``(E) that the educational institution has met all factors 
     set forth in subsection (h)(2); and
       ``(F) the Secretary agrees to such reinstatement.
       ``(k) Rule of Construction Regarding State Approving 
     Agencies and Risk-based Surveys.--Nothing in this section 
     shall be construed to prohibit a State approving agency from 
     conducting any risk-based survey the State approving agency 
     considers appropriate at any educational institution that it 
     considers appropriate for oversight purposes.
       ``(l) Definitions.--In this section:
       ``(1) The term `approved third-party auditor' means an 
     independent third-party auditor that is approved by the 
     Secretary for purposes of third-party audits under this 
     section.
       ``(2) The term `risk-based survey' means the risk-based 
     survey developed under section 3673A of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by striking 
     the item relating to section 3696 and inserting the following 
     new item:

``3696. Prohibition on certain advertising, sales, and enrollment 
              practices.''.
       (b) Requirements for Nonaccredited Courses.--Paragraph (10) 
     of section 3676(c) of such title is amended to read as 
     follows:
       ``(10) The institution, and any entity that owns the 
     institution, does not engage in substantial misrepresentation 
     described in section 3696(e) of this title. The institution 
     shall not be deemed to have met this requirement until the 
     State approving agency--
       ``(A) has ascertained that no Federal department or agency 
     has taken a punitive action, not including a settlement 
     agreement, against the school for misleading or deceptive 
     practices;
       ``(B) has, if such an order has been issued, given due 
     weight to that fact; and
       ``(C) has reviewed the complete record of advertising, 
     sales, or enrollment materials (and copies thereof) used by 
     or on behalf of the institution during the preceding 12-month 
     period.''.
       (c) Application Date.--The amendments made by this section 
     shall take effect on August 1, 2021.

     SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
                   FOR INDIVIDUALS WHO DO NOT TRANSFER CREDITS 
                   FROM CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF 
                   EDUCATION.

       (a) In General.--Subsection (c) of section 3699 of title 
     38, United States Code, is amended to read as follows:
       ``(c) Period Not Charged.--(1) The period for which, by 
     reason of this subsection, educational assistance is not 
     charged against entitlement or counted toward the applicable 
     aggregate period under section 3695 of this title shall not 
     exceed the aggregate of--
       ``(A) the portion of the period of enrollment in the course 
     from which the individual did not receive credit or with 
     respect to which the individual lost training time, as 
     determined under subsection (b)(2); and
       ``(B) the period by which a monthly stipend is extended 
     under section 3680(a)(2)(B) of this title.
       ``(2)(A) An individual described in subparagraph (B) who 
     transfers fewer than 12 credits from a program of education 
     that is closed or disapproved as described in subsection 
     (b)(1) shall be deemed to be an individual who did not 
     receive such credits, as described in subsection (b)(2), 
     except that the period for which such individual's 
     entitlement is not charged shall be the entire period of the 
     individual's enrollment in the program of education. In 
     carrying out this subparagraph, the Secretary, in 
     consultation with the Secretary of Education, shall establish 
     procedures to determine whether the individual transferred 
     credits to a comparable course or program of education.
       ``(B) An individual described in this subparagraph is an 
     individual who is enrolled in a course or program of 
     education closed or discontinued as described in subsection 
     (b)(1) during the period beginning on the date that is 120 
     days before the date of such closure or discontinuance and 
     ending on the date of such closure or discontinuance, as the 
     case may be.
       ``(C) This paragraph shall apply with respect to a course 
     or program of education closed or discontinued before 
     September 30, 2023.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2021.

     SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF FOR-
                   PROFIT EDUCATIONAL INSTITUTIONS CONVERTED TO 
                   NONPROFIT EDUCATIONAL INSTITUTIONS.

       (a) In General.--Subchapter II of chapter 36 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3699B. Treatment of certain for-profit educational 
       institutions

       ``(a) In General.--In the case of any for-profit 
     educational institution that is converted to a nonprofit 
     educational institution, the State approving agency or the 
     Secretary when acting as a State approving agency shall 
     conduct annual risk-based surveys of the institution during 
     the three-year period beginning on the date on which the 
     educational institution is so converted.
       ``(b) Risk-based Survey Defined.--In this section, the term 
     `risk-based survey' means the risk-based survey developed 
     under section 3673A of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3699A the following new item:

``3699B. Treatment of certain for-profit educational institutions.''.
       (c) Applicability.--Section 3699B of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to the conversion of a for-profit educational 
     institution to a nonprofit educational institution that 
     occurs on or after the date of the enactment of this Act.

     SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT 
                   OUTREACH ACTIVITIES.

       Section 3673 of title 38, United States Code, as amended by 
     section 1014 of this title, is further amended by adding at 
     the end the following new subsection:
       ``(f) Outreach Activities.--(1) A State approving agency 
     may conduct outreach activities if--
       ``(A) the State approving agency has properly conducted its 
     enforcement and approval of courses and programs of education 
     under this chapter; and
       ``(B) funds are still available to do so.
       ``(2) For purposes of paragraph (1)(A), a State approving 
     agency shall be considered to have properly conducted its 
     enforcement and approval of courses and programs of education 
     under this chapter if the State approving agency has--
       ``(A) met fulfilled its requirements pursuant to the 
     applicable cooperative agreements between the State approving 
     agency and the Department relating to the oversight and 
     approval of courses and programs of education under this 
     chapter; and
       ``(B) completed a risk-based survey of any course or 
     program of education determined to be of questionable quality 
     or at risk by any Federal or State agency or any accrediting 
     agency.
       ``(3) Outreach activities conducted under paragraph (1) 
     shall be carried out using amounts derived from amounts not 
     specifically appropriated to carry out this subsection.''.

[[Page S7341]]

  


     SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF 
                   STATE APPROVING AGENCIES.

       (a) In General.--Section 3671 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(c) A State department or agency may not be recognized as 
     a State approving agency designated under this section if 
     such State department or agency is administered at or 
     colocated with a university or university system whose 
     courses or programs of education would be subject to approval 
     under this chapter by the State approving agency in that 
     State.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.

     SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING 
                   AND REHABILITATION FOR CERTAIN VETERANS WITH 
                   SERVICE-CONNECTED DISABILITIES.

       (a) In General.--Section 3103 of title 38, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``or (e)'' and inserting 
     ``(e), or (g)''; and
       (2) by adding at the end the following new subsection:
       ``(g) Subsection (a) shall not apply to a veteran who was 
     discharged or released from active military, naval, or air 
     service on or after January 1, 2013.''.
       (b) Conforming Amendment.--Section 6(c) of the Student 
     Veteran Coronavirus Response Act of 2020 (134 Stat. 633; 
     Public Law 116-140) is amended by striking paragraph (1).

                    Subtitle B--Pandemic Assistance

     SEC. 1101. DEFINITIONS.

       In this subtitle:
       (1) Covered program of education.--The term ``covered 
     program of education'' means a program of education (as 
     defined in section 3002 of title 38, United States Code) 
     approved by a State approving agency, or the Secretary of 
     Veterans Affairs when acting in the role of a State approving 
     agency.
       (2) COVID-19 emergency.--The term ``COVID-19 emergency'' 
     means the public health emergency declared pursuant to 
     section 319 of the Public Health Service Act on January 31, 
     2020, entitled ``Determination that a Public Health Emergency 
     Exists Nationwide as the Result of the 2019 Novel 
     Coronavirus''.
       (3) Educational institution.--The term ``educational 
     institution'' has the meaning given that term in section 
     3452(c) of title 38, United States Code, and includes an 
     institution of higher learning (as defined in such section).
       (4) State approving agency.--The term ``State approving 
     agency'' has the meaning given that term in section 3671 of 
     title 38, United States Code.
       (5) Training establishment.--The term ``training 
     establishment'' has the meaning given that term in section 
     3452(e) of title 38, United States Code.
       (6) Training.--The term ``training'' includes on-job 
     training and apprenticeship programs and vocational 
     rehabilitation programs.

     SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS 
                   EDUCATIONAL ASSISTANCE BENEFITS DURING COVID-19 
                   EMERGENCY.

       (a) Authority.--If the Secretary of Veterans Affairs 
     determines under subsection (c) that an individual is 
     negatively affected by the COVID-19 emergency, the Secretary 
     may provide educational assistance to that individual under 
     the laws administered by the Secretary as if such negative 
     effects did not occur. The authority under this section is in 
     addition to the authority provided under section 1 of Public 
     Law 116-128 (38 U.S.C. 3001 note prec.), but in no case may 
     the Secretary provide more than a total of four weeks of 
     additional educational assistance by reason of section 4 of 
     the Student Veteran Coronavirus Response Act of 2020 (Public 
     Law 116-140; 38 U.S.C. 3680 note) and this section.
       (b) Housing and Allowances.--In providing educational 
     assistance to an individual pursuant to subsection (a), the 
     Secretary may--
       (1) continue to pay a monthly housing stipend under chapter 
     33 of title 38, United States Code, during a month the 
     individual would have been enrolled in a program of education 
     or training but for the COVID-19 emergency at the same rate 
     such stipend would have been payable if the individual had 
     not been negatively affected by the COVID-19 emergency, 
     except that the total number of weeks for which stipends may 
     continue to be so payable may not exceed four weeks; and
       (2) continue to pay payments or subsistence allowances 
     under chapters 30, 31, 32, 33, and 35 of such title and 
     chapter 1606 of title 10, United States Code, during a month 
     for a period of time that the individual would have been 
     enrolled in a program of education or training but for the 
     COVID-19 emergency, except that the total number of weeks for 
     which payments or allowances may continue to be so payable 
     may not exceed four weeks.
       (c) Determination of Negative Effects.--The Secretary shall 
     determine that an individual was negatively affected by the 
     COVID-19 emergency if--
       (1) the individual is enrolled in a covered program of 
     education of an educational institution or enrolled in 
     training at a training establishment and is pursuing such 
     program or training using educational assistance under the 
     laws administered by the Secretary;
       (2) the educational institution or training establishment 
     certifies to the Secretary that such program or training is 
     truncated, delayed, relocated, canceled, partially canceled, 
     converted from being on-site to being offered by distance 
     learning, or otherwise modified or made unavailable by reason 
     of the COVID-19 emergency; and
       (3) the Secretary determines that the modification to such 
     program or training specified under paragraph (2) would 
     reduce the amount of educational assistance (including with 
     respect to monthly housing stipends, payments, or subsistence 
     allowances) that would be payable to the individual but for 
     the COVID-19 emergency.
       (d) Effect on Entitlement Period.--If the Secretary 
     determines that an individual who received assistance under 
     this section did not make progress toward the completion of 
     the program of education in which the individual is enrolled 
     during the period for which the individual received such 
     assistance, any assistance provided pursuant to this section 
     shall not be counted for purposes of determining the total 
     amount of an individual's entitlement to educational 
     assistance, housing stipends, or payments or subsistence 
     allowances under chapters 30, 31, 32, and 35 of such title 
     and chapter 1606 of title 10, United States Code.
       (e) Applicability Period.--This section shall apply during 
     the period beginning on March 1, 2020, and ending on December 
     21, 2021.

     SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND 
                   MODIFICATION OF COURSES BY REASON OF COVID-19 
                   EMERGENCY.

       (a) Closure or Disapproval.--Any payment of educational 
     assistance described in subsection (b) shall not--
       (1) be charged against any entitlement to educational 
     assistance of the individual concerned; or
       (2) be counted against the aggregate period for which 
     section 3695 of title 38, United States Code, limits the 
     receipt of educational assistance by such individual.
       (b) Educational Assistance Described.--Subject to 
     subsection (d), the payment of educational assistance 
     described in this subsection is the payment of such 
     assistance to an individual for pursuit of a course or 
     program of education at an educational institution under 
     chapter 30, 31, 32, 33, or 35 of title 38, United States 
     Code, or chapter 1606 of title 10, United States Code, if the 
     Secretary determines that the individual--
       (1) was unable to complete such course or program as a 
     result of--
       (A) the closure of the educational institution, or the full 
     or partial cancellation of a course or program of education, 
     by reason of the COVID-19 emergency; or
       (B) the disapproval of the course or a course that is a 
     necessary part of that program under chapter 36 of title 38, 
     United States Code, because the course was modified by reason 
     of such emergency; and
       (2) did not receive credit or lost training time, toward 
     completion of the program of education being so pursued.
       (c) Housing Assistance.--In this section, educational 
     assistance includes, as applicable--
       (1) monthly housing stipends payable under chapter 33 of 
     title 38, United States Code, for any month the individual 
     would have been enrolled in a course or program of education; 
     and
       (2) payments or subsistence allowances under chapters 30, 
     31, 32, and 35 of such title and chapter 1606 of title 10, 
     United States Code, during a month the individual would have 
     been enrolled in a course or program of education.
       (d) Period Not Charged.--The period for which, by reason of 
     this subsection, educational assistance is not charged 
     against entitlement or counted toward the applicable 
     aggregate period under section 3695 of title 38, United 
     States Code, shall not exceed the aggregate of--
       (1) the portion of the period of enrollment in the course 
     from which the individual did not receive credit or with 
     respect to which the individual lost training time, as 
     determined under subsection (b)(2); and
       (2) the period by which a monthly stipend is extended under 
     section 3680(a)(2)(B) of title 38, United States Code.
       (e) Continuing Pursuit of Disapproved Courses.--
       (1) In general.--The Secretary may treat a course of 
     education that is disapproved under chapter 36 of title 38, 
     United States Code, as being approved under such chapter with 
     respect to an individual described in paragraph (2) if the 
     Secretary determines, on a programmatic basis, that--
       (A) such disapproval is the result of an action described 
     in subsection (b)(1)(B); and
       (B) continuing pursuing such course is in the best interest 
     of the individual.
       (2) Individual described.--An individual described in this 
     paragraph is an individual who is pursuing a course of 
     education at an educational institution under chapter 30, 31, 
     32, 33, or 35 of title 38, United States Code, or chapter 
     1606 of title 10, United States Code, as of the date on which 
     the course is disapproved as described in subsection 
     (b)(1)(B).
       (f) Status as Full-Time Student for Purposes of Housing 
     Stipend Calculation.--In the case of an individual who, as of 
     the first day of the COVID-19 emergency was enrolled on a 
     full-time basis in a program of education and was receiving 
     educational assistance under chapter 33 of title 38, United 
     States Code, or subsistence allowance under chapter 31 of 
     such title, and for whom the Secretary makes a determination 
     under subsection (b), the individual shall be treated as

[[Page S7342]]

     an individual enrolled in a program of education on a full-
     time basis for the purpose of calculating monthly housing 
     stipends payable under chapter 33 of title 38, United States 
     Code, or subsistence allowance payable under chapter 31 of 
     such title, for any month the individual is enrolled in the 
     program of education on a part-time basis to complete any 
     course of education that was partially or fully canceled by 
     reason of the COVID-19 emergency.
       (g) Notice of Closures.--Not later than 5 business days 
     after the date on which the Secretary receives notice that an 
     educational institution will close or is closed by reason of 
     the COVID-19 emergency, the Secretary shall provide to each 
     individual who is enrolled in a course or program of 
     education at such educational institution using entitlement 
     to educational assistance under chapter 30, 31, 32, 33, or 35 
     of title 38, United States Code, or chapter 1606 of title 10, 
     United States Code, notice of--
       (1) such closure and the date of such closure; and
       (2) the effect of such closure on the individual's 
     entitlement to educational assistance pursuant to this 
     section.
       (h) Applicability.--This section shall apply with respect 
     to the closure of an educational institution, or the 
     cancellation or modification of a course or program of 
     education, that occurs during the period beginning on March 
     1, 2020, and ending on December 21, 2021.

     SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF 
                   WITHDRAWAL.

       (a) In General.--In the case of any individual who 
     withdraws from a program of education or training, other than 
     a program by correspondence, in an educational institution 
     under chapter 31, 34, or 35 of title 38, United States Code, 
     for a covered reason during the period beginning on March 1, 
     2020, and ending on December 21, 2021, the Secretary of 
     Veterans Affairs shall find mitigating circumstances for 
     purposes of section 3680(a)(1)(C)(ii) of title 38, United 
     States Code.
       (b) Covered Reason.--In this section, the term ``covered 
     reason'' means any reason related to the COVID-19 emergency, 
     including--
       (1) illness, quarantine, or social distancing requirements;
       (2) issues associated with COVID-19 testing accessibility;
       (3) access or availability of childcare;
       (4) providing care for a family member or cohabitants;
       (5) change of location or residence due to COVID-19 or 
     associated school closures;
       (6) employment changes or financial hardship; and
       (7) issues associated with changes in format or medium of 
     instruction.

     SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE OF 
                   ENTITLEMENT.

       (a) Montgomery GI Bill.--The subsection (i) temporarily 
     added to section 3031 of title 38, United States Code, by 
     subsection (a) of section 6 of the Student Veteran 
     Coronavirus Response Act of 2020 (Public Law 116-140) is 
     amended--
       (1) in paragraph (1), by striking ``the period the 
     individual is so prevented from pursuing such program'' and 
     inserting ``the period beginning on March 1, 2020, and ending 
     on December 21, 2021''; and
       (2) in paragraph (2), by striking ``the first day after the 
     individual is able to resume pursuit of a program of 
     education with educational assistance under this chapter'' 
     and inserting ``December 22, 2021''.
       (b) Vocational Rehabilitation and Training.--The subsection 
     (g) temporarily added to section 3103 of title 38, United 
     States Code, by subsection (c) of such section 6 is amended--
       (1) in paragraph (1), by striking ``the period the 
     individual is so prevented from participating such program'' 
     and inserting ``the period beginning on March 1, 2020, and 
     ending on December 21, 2021''; and
       (2) in paragraph (2), by striking ``the first day after the 
     individual is able to resume participation in such program'' 
     and inserting ``December 22, 2021''.

     SEC. 1106. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.

       (a) In General.--During the period described in subsection 
     (b), subsection (e) of section 3687 of title 38, United 
     States Code, shall be applied by substituting the following 
     for paragraph (2):
       ``(2)(A) Subject to subparagraphs (B) and (C), for any 
     month in which an individual fails to complete 120 hours of 
     training, the entitlement otherwise chargeable under 
     paragraph (1) shall be reduced in the same proportion as the 
     monthly training assistance allowance payable is reduced 
     under subsection (b)(3).
       ``(B) In the case of an individual who is unemployed during 
     any month, the 120-hour requirement under subparagraph (A) 
     for that month shall be reduced proportionately to reflect 
     the individual's period of unemployment, except that the 
     amount of monthly training assistance otherwise payable to 
     the individual under subsection (b)(3) shall not be reduced.
       ``(C) Any period during which an individual is unemployed 
     shall not--
       ``(i) be charged against any entitlement to educational 
     assistance of the individual; or
       ``(ii) be counted against the aggregate period for which 
     section 3695 of this title limits the receipt of educational 
     assistance by such individual.
       ``(D) Any amount by which the entitlement of an individual 
     is reduced under subparagraph (A) shall not--
       ``(i) be charged against any entitlement to educational 
     assistance of the individual; or
       ``(ii) be counted against the aggregate period for which 
     section 3695 of this title limits the receipt of educational 
     assistance by such individual.
       ``(E) In the case of an individual who fails to complete 
     120 hours of training during a month, but who completed more 
     than 120 hours of training during the preceding month, the 
     individual may apply the number of hours in excess of 120 
     that the individual completed for that month to the month for 
     which the individual failed to complete 120 hours. If the 
     addition of such excess hours results in a total of 120 hours 
     or more, the individual shall be treated as an individual who 
     has completed 120 hours of training for that month. Any 
     excess hours applied to a different month under this 
     subparagraph may only be applied to one such month.
       ``(F) This paragraph applies to amounts described in 
     section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this 
     title and section 16131(d)(2) of title 10.
       ``(G) In this paragraph:
       ``(i) The term `unemployed' includes being furloughed or 
     being scheduled to work zero hours.
       ``(ii) The term `fails to complete 120 hours of training' 
     means, with respect to an individual, that during any month, 
     the individual completes at least one hour, but fewer than 
     120 hours, of training, including in a case in which the 
     individual is unemployed for part of, but not the whole, 
     month.''.
       (b) Applicability Period.--The period described in this 
     section is the period beginning on March 1, 2020, and ending 
     on December 21, 2021.

     SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN 
                   PROVISIONS RELATED TO COVID-19 EMERGENCY.

       (a) Continuation of Benefits.--Section 1 of Public Law 116-
     128 is amended--
       (1) in subsection (a), by inserting ``or a training 
     establishment'' after ``an educational institution''; and
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4) Training establishment.--The term `training 
     establishment' has the meaning given such term in section 
     3452(e) of title 38, United States Code.''.
       (b) Payment of Allowances.--Section 4(a)(1) of the Student 
     Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 
     38 U.S.C. 3680 note) is amended by inserting ``or a training 
     establishment'' after ``educational institution''.
       (c) Prohibition of Charge to Entitlement.--The subparagraph 
     (C) temporarily added to section 3699(b)(1) of title 38, 
     United States Code, by section 5 of the Student Veteran 
     Coronavirus Response Act of 2020 (Public Law 116-140; 38 
     U.S.C. 3699 note) is amended by inserting ``or training 
     establishment'' after ``educational institution''.
       (d) Extension of Time Limitations.--
       (1) MGIB.--The subsection (i) temporarily added to section 
     3031 of title 38, United States Code, by subsection (a) of 
     section 6 of the Student Veteran Coronavirus Response Act of 
     2020 (Public Law 116-140), as amended by section 1105 of this 
     title, is further amended by inserting ``or training 
     establishment'' after ``educational institution''.
       (2) Transfer period.--The subparagraph (C) temporarily 
     added to section 3319(h)(5) of such title by section 6 of the 
     Student Veteran Coronavirus Response Act of 2020 (Public Law 
     116-140) is amended by inserting ``or training 
     establishment'' after ``educational institution''.

     SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STUDENT 
                   VETERAN CORONAVIRUS RESPONSE ACT.

       Section 4 of the Student Veteran Coronavirus Response Act 
     of 2020 (Public Law 116-140) is amended--
       (1) in subsection (b)--
       (A) by striking ``may not exceed four weeks.'' and 
     inserting ``may not exceed the shorter of the following:''; 
     and
       (B) by adding at the end the following new paragraphs:
       ``(1) The period of time that the eligible veteran or 
     eligible person would have been enrolled in a program of 
     education or training but for the emergency situation.
       ``(2) Four weeks.''; and
       (2) by adding at the end the following new subsection:
       ``(e) Entitlement Not Charged.--Any payment of allowances 
     under this section shall not--
       ``(1) be charged against any entitlement to educational 
     assistance of the eligible veteran or eligible person 
     concerned; or
       ``(2) be counted against the aggregate period for which 
     section 3695 of this title 38, United States Code, limits the 
     receipt of educational assistance by such eligible veteran or 
     eligible person.''.

                           TITLE II--BENEFITS

                     Subtitle A--Benefits Generally

     SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR PURPOSES 
                   OF THE LAWS ADMINISTERED BY THE SECRETARY OF 
                   VETERANS AFFAIRS.

       Section 101(29)(A) of title 38, United States Code, is 
     amended by striking ``February 28, 1961'' and inserting 
     ``November 1, 1955''.

     SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS 
                   MEDICAL DISABILITY EXAMINATIONS.

       (a) Temporary Clarification of Licensure Requirements for 
     Contractor Medical Professionals to Perform Medical

[[Page S7343]]

     Disability Examinations for the Department of Veterans 
     Affairs Under Pilot Program for Use of Contract Physicians 
     for Disability Examinations.--
       (1) In general.--Subsection (c) of section 504 of the 
     Veterans' Benefits Improvements Act of 1996 (Public Law 104-
     275; 38 U.S.C. 5101 note) is amended to read as follows:
       ``(c) Licensure of Contract Health Care Professionals.--
       ``(1) In general.--Notwithstanding any law regarding the 
     licensure of health care professionals, a health care 
     professional described in paragraph (2) may conduct an 
     examination pursuant to a contract entered into under 
     subsection (a) at any location in any State, the District of 
     Columbia, or a Commonwealth, territory, or possession of the 
     United States, so long as the examination is within the scope 
     of the authorized duties under such contract.
       ``(2) Health care professional described.--A health care 
     professional described in this paragraph is a physician, 
     physician assistant, nurse practitioner, audiologist, or 
     psychologist, who--
       ``(A) has a current unrestricted license to practice the 
     health care profession of the physician, physician assistant, 
     nurse practitioner, audiologist, or psychologist, as the case 
     may be;
       ``(B) is not barred from practicing such health care 
     profession in any State, the District of Columbia, or a 
     Commonwealth, territory, or possession of the United States; 
     and
       ``(C) is performing authorized duties for the Department of 
     Veterans Affairs pursuant to a contract entered into under 
     subsection (a).''.
       (2) Purpose.--The purpose of the amendment made by 
     paragraph (1) is to expand the license portability for 
     physicians assistants, nurse practitioners, audiologists, and 
     psychologists to supplement the capacity of employees of the 
     Department to provide medical examinations described in 
     subsection (b).
       (3) Rule of construction.--The amendment made by paragraph 
     (1) shall not be construed to affect the license portability 
     for physicians in effect under section 504(c) of such Act as 
     in effect on the day before the date of the enactment of this 
     Act.
       (4) Sunset.--On the date that is three years after the date 
     of the enactment of this Act, subsection (c) of such section 
     shall read as it read on the day before the date of the 
     enactment of this Act.
       (b) Temporary Halt on Elimination of Medical Examiner 
     Positions in Department of Veterans Affairs.--The Secretary 
     of Veterans Affairs shall temporarily suspend the efforts of 
     the Secretary in effect on the day before the date of the 
     enactment of this Act to eliminate medical examiner positions 
     in the Department of Veterans Affairs until the number of 
     individuals awaiting a medical examination with respect to 
     medical disability of the individuals for benefits under laws 
     administered by the Secretary that are carried out through 
     the Under Secretary for Benefits is equal to or less than the 
     number of such individuals who were awaiting such a medical 
     examination with respect to such purposes on March 1, 2020.
       (c) Report on Provision of Medical Examinations.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the provision 
     of medical examinations described in subsection (b) by the 
     Department.
       (2) Contents.--The report submitted under paragraph (1) 
     shall cover the following:
       (A) How the Secretary will increase the capacity, 
     efficiency, and timeliness of physician assistants, nurse 
     practitioners, audiologists, and psychologists of the 
     Veterans Health Administration with respect to completing 
     medical examinations described in subsection (b).
       (B) The total number of full-time equivalent employees 
     among all physician assistants, nurse practitioners, 
     audiologists, and psychologists needed for the increases 
     described in subparagraph (A).
       (C) An assessment regarding the importance of retaining a 
     critical knowledge base within the Department for performing 
     medical examinations for veterans filing claims for 
     compensation under chapters 11 and 13 of title 38, United 
     States Code, including with respect to military sexual 
     trauma, post-traumatic stress disorder, traumatic brain 
     injury, and toxic exposure.
       (3) Collaboration.--The Secretary shall collaborate with 
     the veterans community and stakeholders in the preparation of 
     the report required by paragraph (1).
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (d) Comptroller General of the United States Review.--
       (1) Review required.--Not later than 360 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall commence a review of the 
     implementation of the pilot program authorized under 
     subsection (a) of section 504 of the Veterans' Benefits 
     Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 
     note).
       (2) Elements.--The review conducted under paragraph (1) 
     shall include the following:
       (A) An assessment of the use of subsection (c) of section 
     504 of such Act, as amended by subsection (a)(1) of this 
     section.
       (B) Efforts to retain and recruit medical examiners as 
     employees of the Department.
       (C) Use of telehealth for medical examinations described in 
     subsection (b) that are administered by the Department.
       (e) Briefing on Recommendations of Comptroller General of 
     the United States.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary shall provide to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a briefing on how the Secretary will 
     implement the recommendations of the Comptroller General of 
     the United States regarding--
       (1) the monitoring of the training of providers of 
     examinations pursuant to contracts under section 504 of the 
     Veterans' Benefits Improvements Act of 1996 (Public Law 104-
     275; 38 U.S.C. 5101 note); and
       (2) ensuring such providers receive such training.
       (f) Holding Underperforming Contract Medical Examiners 
     Accountable.--The Secretary shall take such actions as may be 
     necessary to hold accountable the providers of medical 
     examinations pursuant to contracts under section 504 of the 
     Veterans' Benefits Improvements Act of 1996 (Public Law 104-
     275; 38 U.S.C. 5101 note) who are underperforming in the 
     meeting of the needs of veterans through the performance of 
     medical examinations pursuant to such contracts.

     SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SURVIVING 
                   SPOUSES.

       (a) Codification of Current Rate of Special Pension.--
     Subsection (a) of section 1562 of title 38, United States 
     Code, is amended by striking ``$1,000'' and inserting 
     ``$1,388.68''.
       (b) Special Pension for Surviving Spouses.--
       (1) Surviving spouse benefit.--Such subsection is further 
     amended--
       (A) by inserting ``(1)'' after ``(a)''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) Except as provided in subparagraphs (B) and (C), 
     the Secretary shall pay special pension under this section to 
     the surviving spouse of a person whose name has been entered 
     on the Army, Navy, Air Force, and Coast Guard Medal of Honor 
     Roll and a copy of whose certificate has been delivered to 
     the Secretary under section 1134a(d) of title 10.
       ``(B) No special pension shall be paid to a surviving 
     spouse of a person under this section unless such surviving 
     spouse was married to such person--
       ``(i) for one year or more prior to the veteran's death; or
       ``(ii) for any period of time if a child was born of the 
     marriage, or was born to them before the marriage.
       ``(C) No special pension shall be paid to a surviving 
     spouse of a person under this section if such surviving 
     spouse is receiving benefits under section 1311 or 1318 of 
     this title.''.
       (2) Conforming amendments.--
       (A) In general.--Such section is amended--
       (i) in subsection (d), by inserting ``or married to more 
     than one person who has been awarded a medal of honor,'' 
     after ``honor,''; and
       (ii) in subsection (f)(1), by striking ``this section'' and 
     inserting ``paragraph (1) of subsection (a), or under 
     paragraph (2) of such subsection in the case of a posthumous 
     entry on the Army, Navy, Air Force, and Coast Guard Medal of 
     Honor Roll,''.
       (B) Special provisions relating to marriages.--Section 
     103(d)(5) of such title is amended by adding at the end the 
     following new subparagraph:
       ``(E) Section 1562(a)(2), relating to Medal of Honor 
     special pension.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to payment of pension under section 
     1562 of title 38, United States Code, for months beginning 
     after the date of the enactment of this Act.

     SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS 
                   INSURANCE.

       (a) Establishment of Modernized Program.--
       (1) In general.--Chapter 19 of title 38, United States 
     Code, is amended by inserting after section 1922A the 
     following new section:

     ``Sec. 1922B. Service-disabled veterans insurance

       ``(a) Insurance.--(1) Beginning January 1, 2023, the 
     Secretary shall carry out a service-disabled veterans 
     insurance program under which a veteran is granted insurance 
     by the United States against the death of such individual 
     occurring while such insurance is in force.
       ``(2) The Secretary may only issue whole-life policies 
     under the insurance program under paragraph (1).
       ``(3) The Secretary may not grant insurance to a veteran 
     under paragraph (1) unless--
       ``(A) the veteran submits the application for such 
     insurance before the veteran attains 81 years of age; or
       ``(B) with respect to a veteran who has attained 81 years 
     of age--
       ``(i) the veteran filed a claim for compensation under 
     chapter 11 of this title before attaining such age;
       ``(ii) based on such claim, and after the veteran attained 
     such age, the Secretary

[[Page S7344]]

     first determines that the veteran has a service-connected 
     disability; and
       ``(iii) the veteran submits the application for such 
     insurance during the two-year period following the date of 
     such determination.
       ``(4)(A) A veteran enrolled in the insurance program under 
     paragraph (1) may elect to be insured in any of the following 
     amounts:
       ``(i) $10,000.
       ``(ii) $20,000.
       ``(iii) $30,000.
       ``(iv) $40,000.
       ``(v) In accordance with subparagraph (B), a maximum amount 
     greater than $40,000.
       ``(B) The Secretary may establish a maximum amount to be 
     insured under paragraph (1) that is greater than $40,000 if 
     the Secretary--
       ``(i) determines that such maximum amount and the premiums 
     for such amount--
       ``(I) are administratively and actuarially sound for the 
     insurance program under paragraph (1); and
       ``(II) will not result in such program operating at a loss; 
     and
       ``(ii) publishes in the Federal Register, and submits to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives, such maximum amount and determination.
       ``(5)(A)(i) Insurance granted under this section shall be 
     on a nonparticipating basis and all premiums and other 
     collections therefor shall be credited directly to a 
     revolving fund in the Treasury of the United States.
       ``(ii) Any payments on such insurance shall be made 
     directly from such fund.
       ``(B)(i) The Secretary of the Treasury may invest in and 
     sell and retire special interest-bearing obligations of the 
     United States for the account of the revolving fund under 
     subparagraph (A).
       ``(ii) Such obligations issued for that purpose shall--
       ``(I) have maturities fixed with due regard for the needs 
     of the fund; and
       ``(II) bear interest at a rate equal to the average market 
     yield (computed by the Secretary of the Treasury on the basis 
     of market quotations as of the end of the calendar month 
     preceding the date of issue) on all marketable interest-
     bearing obligations of the United States then forming a part 
     of the public debt which are not due or callable until after 
     the expiration of four years from the end of such calendar 
     month; except that where such average market yield is not a 
     multiple of one-eighth of one per centum, the rate of 
     interest of such obligation shall be the multiple of one-
     eighth of one per centum nearest such market yield.
       ``(6)(A) Administrative support financed by the 
     appropriations for `General Operating Expenses, Department of 
     Veterans Affairs' and `Information Technology Systems, 
     Department of Veterans Affairs' for the insurance program 
     under paragraph (1) shall be paid from premiums credited to 
     the fund under paragraph (5).
       ``(B) Such payment for administrative support shall be 
     reimbursed for that fiscal year from funds that are available 
     on such insurance after claims have been paid.
       ``(b) Eligibility.--A veteran is eligible to enroll in the 
     insurance program under subsection (a)(1) if the veteran has 
     a service-connected disability, without regard to--
       ``(1) whether such disability is compensable under chapter 
     11 of this title; or
       ``(2) whether the veteran meets standards of good health 
     required for other life insurance policies.
       ``(c) Enrollment and Waiting Period.--(1) An eligible 
     veteran may enroll in the insurance program under subsection 
     (a)(1) at any time.
       ``(2) The life insurance policy of a veteran who enrolls in 
     the insurance program under subsection (a)(1) does not go 
     into force unless--
       ``(A) a period of two years elapses following the date of 
     such enrollment; and
       ``(B) the veteran pays the premiums required during such 
     two-year period.
       ``(3)(A) If a veteran dies during the two-year period 
     described in paragraph (2), the Secretary shall pay to the 
     beneficiary of the veteran the amount of premiums paid by the 
     veteran under this section, plus interest.
       ``(B) The Secretary--
       ``(i) for the initial year of the insurance program under 
     subsection (a)(1)--
       ``(I) shall set such interest at a rate of one percent; and
       ``(II) may adjust such rate during such year based on 
     program experience, except that the interest rate may not be 
     less than zero percent;
       ``(ii) for the second and each subsequent year of the 
     program, shall calculate such interest at an annual rate 
     equal to the rate of return on the revolving fund under 
     subsection (a)(5) for the calendar year preceding the year of 
     the veteran's death, except that the interest rate may not be 
     less than zero percent; and
       ``(iii) on an annual basis, shall publish on the internet 
     website of the Department the average interest rate 
     calculated under clause (ii) for the preceding calendar year.
       ``(d) Premiums.--(1) The Secretary shall establish a 
     schedule of basic premium rates by age per $10,000 of 
     insurance under subsection (a)(1) consistent with basic 
     premium rates generally charged for guaranteed acceptance 
     life insurance policies by private life insurance companies.
       ``(2) The Secretary may adjust such schedule after the 
     first policy year in a manner consistent with the general 
     practice of guaranteed acceptance life insurance policies 
     issued by private life insurance companies.
       ``(3) Section 1912 of this title shall not apply to life 
     insurance policies under subsection (a)(1), and the Secretary 
     may not otherwise waive premiums for such insurance policies.
       ``(e) Beneficiaries.--(1) A veteran who enrolls in the 
     insurance program under subsection (a)(1) may designate a 
     beneficiary of the life insurance policy.
       ``(2) If a veteran enrolled in the insurance program under 
     subsection (a)(1) does not designate a beneficiary under 
     paragraph (1) before the veteran dies, or if a designated 
     beneficiary predeceases the veteran, the Secretary shall 
     determine the beneficiary in the following order:
       ``(A) The surviving spouse of the veteran.
       ``(B) The children of the veteran and descendants of 
     deceased children by representation.
       ``(C) The parents of the veteran or the survivors of the 
     parents.
       ``(D) The duly appointed executor or administrator of the 
     estate of the veteran.
       ``(E) Other next of kin of the veteran entitled under the 
     laws of domicile of the veteran at the time of the death of 
     the veteran.
       ``(f) Claims.--(1) If the deceased veteran designated a 
     beneficiary under subsection (e)(1)--
       ``(A) the designated beneficiary is the only person who may 
     file a claim for payment under subsection (g) during the one-
     year period beginning on the date of the death of the 
     veteran; and
       ``(B) if the designated beneficiary does not file a claim 
     for the payment during the period described in paragraph (1), 
     or if payment to the designated beneficiary within that 
     period is prohibited by Federal statute or regulation, a 
     beneficiary described in subsection (e)(2) may file a claim 
     for such payment during the one-year period following the 
     period described in subparagraph (A) as if the designated 
     beneficiary had predeceased the veteran.
       ``(2) If the deceased veteran did not designate a 
     beneficiary under subsection (e)(1), or if the designated 
     beneficiary predeceased the veteran, a beneficiary described 
     in subsection (e)(2) may file a claim for payment under 
     subsection (g) during the two-year period beginning on the 
     date of the death of the veteran.
       ``(3) If, on the date that is two years after the date of 
     the death of the veteran, no claim for payment has been filed 
     by any beneficiary pursuant to paragraph (1) or (2), and the 
     Secretary has not received notice that any such claim will be 
     so filed during the subsequent one-year period, the Secretary 
     may make the payment to a claimant whom the Secretary 
     determines to be equitably entitled to such payment.
       ``(g) Payments.--(1) In a case described in subsection 
     (f)--
       ``(A) in paragraph (1)(A), the Secretary shall pay the 
     designated beneficiary not later than 90 days after the 
     designated beneficiary files a complete and valid claim for 
     payment;
       ``(B) in paragraph (1)(B) or (2), the Secretary shall make 
     any payment not later than one year after the end of the 
     period described in the applicable such paragraph, if the 
     Secretary receives a complete and valid claim for payment in 
     accordance with the applicable such paragraph; or
       ``(C) in paragraph (3), the Secretary shall make any 
     payment not later than one year after the end of the period 
     described in such paragraph, if the Secretary receives a 
     complete and valid claim for payment.
       ``(2) In a case where the Secretary has not made an 
     insurance payment under this section during the applicable 
     period specified in paragraph (1) by reason of a beneficiary 
     not yet having filed a claim, or the Secretary not yet making 
     a determination under subsection (f)(3), the Secretary may 
     make the payment after such applicable period.
       ``(3) Notwithstanding section 1917 of this title, the 
     Secretary shall make an insurance payment under this section 
     in a lump sum.
       ``(4) The Secretary may not make an insurance payment under 
     this section if such payment will escheat to a State.
       ``(5) Any payment under this subsection shall be a bar to 
     recovery by any other person.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1922A the following new item:

``1922B. Service-disabled veterans insurance.''.
       (b) Sunset of Previous Program and Transition.--
       (1) S-DVI.--Section 1922 of such title is amended by adding 
     at the end the following new subsection:
       ``(d)(1) The Secretary may not accept any application by a 
     veteran to be insured under this section after December 31, 
     2022.
       ``(2)(A) During the period beginning January 1, 2023, and 
     ending December 31, 2025, a veteran who is insured under this 
     section may elect to instead be insured under section 1922B 
     of this title based on the age of the veteran at the time of 
     such election.
       ``(B)(i) A veteran who elects under subparagraph (A) to be 
     insured under section 1922B of this title shall be subject to 
     the two-year waiting period specified in subsection (c) of 
     such section.
       ``(ii) If the veteran dies during such period, the 
     Secretary shall pay the beneficiary under this section, and, 
     if applicable, under section 1922A, plus the amount of 
     premiums

[[Page S7345]]

     paid by the veteran under such section 1922B, plus interest.
       ``(3) Except as provided by paragraph (2)(B), a veteran may 
     not be insured under this section and section 1922B 
     simultaneously.''.
       (2) Supplemental s-dvi.--Section 1922A(b) of such title is 
     amended by adding after the period at the end the following: 
     ``The Secretary may not accept any such application after 
     December 31, 2022. Except as provided by section 
     1922(d)(2)(B), a veteran may not have supplemental insurance 
     under this section and be insured under section 1922B 
     simultaneously.''.
       (c) Conforming Amendments.--Chapter 19 of such title is 
     amended--
       (1) in the section heading of section 1922, by striking 
     ``Service'' and inserting ``Legacy service'';
       (2) in the section heading of section 1922A, by striking 
     ``Supplemental'' and inserting ``Legacy supplemental''; and
       (3) in the table of sections at the beginning of such 
     chapter by striking the items relating to sections 1922 and 
     1922A and inserting the following new items:

``1922. Legacy service disabled veterans' insurance.
``1922A. Legacy supplemental service disabled veterans' insurance for 
              totally disabled veterans.''.

     SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION 
                   UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.

       Section 1980A of title 38, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(l)(1) If a claim for benefits under this section is 
     denied, the Secretary concerned shall provide to the member 
     at the same time as the member is informed of such denial a 
     description of the following:
       ``(A) Each reason for that denial, including a description 
     of all the information upon which the denial is based and a 
     description of the applicable laws, regulations, or policies, 
     with appropriate citations, and an explanation of how such 
     laws, regulations, or policies affected the denial.
       ``(B) Each finding that is favorable to the member.
       ``(2) Any finding favorable to the member as described in 
     paragraph (1)(B) shall be binding on all subsequent reviews 
     or appeals of the denial of the claim, unless clear and 
     convincing evidence is shown to the contrary to rebut such 
     favorable finding.''.

     SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT 
                   QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--Section 5101 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d)(1) The Secretary shall publish in a central location 
     on the internet website of the Department--
       ``(A) the disability benefit questionnaire forms of the 
     Department for the submittal of evidence from non-Department 
     medical providers regarding a disability of a claimant, 
     including any form or process that replaces any such 
     disability benefit questionnaire form; and
       ``(B) details about the process used by the Department for 
     submittal of evidence described in subparagraph (A).
       ``(2) Subject to section 6103 of this title, if the 
     Secretary updates a form described in paragraph (1)(A), the 
     Secretary shall--
       ``(A) accept the previous version of the form filed by a 
     claimant if--
       ``(i) the claimant provided to the non-Department medical 
     provider the previous version of the form before the date on 
     which the updated version of the form was made available; and
       ``(ii) the claimant files the previous version of the form 
     during the one-year period following the date the form was 
     completed by the non-Department medical provider;
       ``(B) request from the claimant (or from a non-Department 
     medical provider if the claimant has authorized the provider 
     to share health information with the Secretary) any other 
     information that the updated version of the form requires; 
     and
       ``(C) apply the laws and regulations required to adjudicate 
     the claim as if the claimant filed the updated version of the 
     form.
       ``(3) The Secretary may waive any interagency approval 
     process required to approve a modification to a disability 
     benefit questionnaire form if such requirement only applies 
     by reason of the forms being made public.''.
       (b) Reports by Inspector General of the Department of 
     Veterans Affairs.--Not less frequently than once each year 
     through 2023, the Inspector General of the Department of 
     Veterans Affairs shall submit to Congress a report on the 
     findings of the Inspector General with respect to the use of 
     the forms published under section 5101(d)(1) of such title, 
     as added by subsection (a).
       (c) Initial Form.--The Secretary of Veterans Affairs shall 
     begin carrying out section 5101(d)(1) of such title, as added 
     by subsection (a), by publishing, as described in such 
     section, the form described in such section that was in 
     effect on January 1, 2020.
       (d) Alternate Process.--
       (1) Assessment and report.--
       (A) In general.--Subject to paragraph (2), not later than 
     180 days after the date of the enactment of this act, the 
     Secretary shall--
       (i) assess the feasibility and advisability of replacing 
     disability benefit questionnaire forms that are used by non-
     Department medical providers to submit to the Secretary 
     evidence regarding a disability of a claimant for benefits 
     under laws administered by the Secretary, with another 
     consistent process that considers evidence equally, whether 
     provided by a Department or a non-Department medical 
     provider; and
       (ii) submit to Congress--

       (I) a report on the findings of the Secretary with respect 
     to the assessment conducted under clause (i); and
       (II) if the report submitted under subclause (I) of this 
     clause includes a finding that replacing the disability 
     benefit questionnaire forms described in clause (i) as 
     described in such clause is feasible and advisable, a plan to 
     replace such forms as described in such clause.

       (B) Collaboration required.--If, in carrying out the 
     assessment required by clause (i) of subparagraph (A), the 
     Secretary determines that replacing the disability benefit 
     questionnaire forms described in such clause as described in 
     such clause is feasible and advisable, the Secretary shall 
     collaborate with, partner with, and consider the advice of 
     veterans service organizations, and such other stakeholders 
     as the Secretary considers appropriate, on the replacement 
     forms and process for submitting such forms.
       (2) Requirements.--The Secretary may only determine under 
     paragraph (1)(A) that replacing the forms described in such 
     paragraph is feasible and advisable if the Secretary 
     certifies that--
       (A) it is in the best interest of veterans to do so;
       (B) the replacement process would include all the medical 
     information needed to adjudicate a claim for benefits under 
     laws administered by the Secretary; and
       (C) the new process will ensure that all medical 
     information provided will be considered equally, whether it 
     is provided by a Department medical provider or a non-
     Department medical provider.
       (3) Implementation.--
       (A) In general.--Subject to subparagraph (B), if the 
     Secretary determines under paragraph (1)(A) that replacing 
     the forms as described in such paragraph is feasible and 
     advisable, the Secretary shall, not later than two years 
     after the date on which the Secretary submits the report 
     under paragraph (1)(B)(i)--
       (i) replace the forms as described in paragraph (1)(A);
       (ii) publish such replacement pursuant to subparagraph (A) 
     of section 5101(d)(1), as added by subsection (a)(2); and
       (iii) update the details under subparagraph (B) of such 
     section.
       (B) Reports by inspector general of the department of 
     veterans affairs.--If the Secretary replaces the forms under 
     subparagraph (A), the Inspector General of the Department of 
     Veterans Affairs shall, not later than one year after the 
     date that the Secretary replaces such forms and not less 
     frequently than once each year thereafter until the date that 
     is three years after the date on which the Secretary replaces 
     such forms, submit to Congress a report on the process that 
     replaced such forms that ascertains whether the process 
     properly protects veterans.
       (4) Limitation.--The Secretary may not discontinue the use 
     of the disability benefit questionnaire forms described in 
     paragraph (1)(A) until a replacement form or process is 
     implemented.
       (e) Rule of Construction.--Nothing in this section or 
     section 5101(d) of such title, as added by subsection (a), 
     may be construed to require the Secretary to develop any new 
     information technology system or otherwise require the 
     Secretary to make any significant changes to the internet 
     website of the Department.

     SEC. 2007. THRESHOLD FOR REPORTING DEBTS TO CONSUMER 
                   REPORTING AGENCIES.

       (a) In General.--Chapter 53 of title 38, United States 
     Code, is amended by adding after section 5319 the following 
     new section:

     ``Sec. 5320. Threshold for reporting debts to consumer 
       reporting agencies

       ``The Secretary shall prescribe regulations that establish 
     the minimum amount of a claim or debt, arising from a benefit 
     administered by the Under Secretary for Benefits or Under 
     Secretary for Health, that the Secretary will report to a 
     consumer reporting agency under section 3711 of title 31.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 5319 the following new item:

``5320.Threshold for reporting debts to consumer reporting agencies.''.
       (c) Deadline.--The Secretary of Veterans Affairs shall 
     prescribe regulations under section 5320 of such title, as 
     added by subsection (a), not later than 180 days after the 
     date of the enactment of this Act.

     SEC. 2008. REMOVAL OF DEPENDENTS FROM AWARD OF COMPENSATION 
                   OR PENSION.

       Beginning not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall ensure that--
       (1) the recipient of an award of compensation or pension 
     may remove any dependent from an award of compensation or 
     pension to the individual using the eBenefits system of the 
     Department of Veterans Affairs, or a successor system; and

[[Page S7346]]

       (2) such removal takes effect not later than 60 days after 
     the date on which the recipient elects such removal.

     SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY 
                   COMPENSATION FOR SURVIVING SPOUSES WHO REMARRY 
                   AFTER AGE 55.

       Section 103(d)(2)(B) of title 38, United States Code, is 
     amended in the second sentence by inserting ``chapter 13 or'' 
     after ``benefits under''.

     SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES 
                   TO TOXICANTS AT KARSHI-KHANABAD AIR BASE IN 
                   UZBEKISTAN.

       (a) Agreement and Study.--Not later than 60 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall enter into an agreement with the Administrator 
     of the Agency for Toxic Substances and Disease Registry for 
     the Administrator to complete, not later than 10 years after 
     the date of the enactment of this Act, a study to identify--
       (1) incidents of cancer and other diseases or illnesses 
     experienced by individuals who served in the active military, 
     naval, or air service (as defined in section 101 of title 38, 
     United States Code) in the covered location set forth under 
     subsection (b) during the corresponding period set forth 
     under such subsection; and
       (2) a list of toxic substances, chemicals, ionizing 
     radiation, and airborne hazards such individuals may have 
     been exposed to during such service.
       (b) Covered Location and Corresponding Period.--The covered 
     location and corresponding period set forth under this 
     subsection are Karshi-Khanabad (K2) Air Base in Uzbekistan 
     and the period beginning on October 1, 2001, and ending on 
     September 30, 2005.
       (c) Elements.--The study conducted under subsection (a) 
     shall include the following:
       (1) An assessment regarding the conditions of the covered 
     location set forth under subsection (b), including an 
     identification of toxic substances, chemicals, ionizing 
     radiation, and airborne hazards contaminating such covered 
     location during such corresponding period.
       (2) An epidemiological study of the health consequences of 
     the service described in subsection (a) to the individuals 
     described in such subsection.
       (d) Support for Study.--
       (1) In general.--The Secretary shall provide the 
     Administrator with assistance in carrying out the study 
     required by subsection (a), including by gathering such 
     information as the Administrator may consider useful in 
     carrying out the study.
       (2) Obtaining information concerning exposure.--Assistance 
     under paragraph (1) provided by the Secretary of Veterans 
     Affairs shall include compiling information on exposure 
     described in subsection (a)(2) and the Secretary of Defense 
     shall provide to the Secretary of Veterans Affairs such 
     information concerning such exposure as the Secretary of 
     Veterans Affairs considers appropriate for purposes of the 
     study required by subsection (a), including environmental 
     sampling data relative to any location covered by the study.
       (e) Biennial Updates.--No later than the date that is two 
     years after the date of the enactment of this Act and not 
     less frequently than once every two years thereafter until 
     the date on which the study required by subsection (a) is 
     completed, the Administrator shall submit to the appropriate 
     committees of Congress updates on the status of the matters 
     covered by such study, including any preliminary findings of 
     the Administrator.
       (f) Final Report.--Not later than 60 days after the date on 
     which the study required by subsection (a) is completed, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the findings of the Administrator with 
     respect to such study.
       (g) Inclusion of Uzbekistan in Certain Registries and 
     Programs.--Section 201(c)(2) of the Dignified Burial and 
     Other Veterans' Benefits Improvement Act of 2012 (Public Law 
     112-260; 38 U.S.C. 527 note) is amended, in the matter 
     preceding subparagraph (A), by striking ``Afghanistan or 
     Iraq'' and inserting ``Afghanistan, Iraq, or Uzbekistan''.
       (h) Depleted Uranium Follow-up Programs.--The Secretary of 
     Veterans Affairs shall ensure that any individual who 
     deployed as a member of the Armed Forces to the covered 
     location set forth in subsection (b) during the corresponding 
     period set forth in such subsection is covered by the 
     Depleted Uranium Follow-up Programs of the Department of 
     Veterans Affairs.
       (i) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the House of Representatives.

     SEC. 2011. COMPTROLLER GENERAL BRIEFING AND REPORT ON 
                   REPEALING MANIFESTATION PERIOD FOR PRESUMPTIONS 
                   OF SERVICE CONNECTION FOR CERTAIN DISEASES 
                   ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE 
                   AGENTS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall provide to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a briefing on preliminary 
     observations of the Comptroller General, and not later than 
     240 days after the date of such briefing, provide such 
     committees a briefing and submit to such committees a final 
     report, on the efforts of the Secretary of Veterans Affairs 
     to provide benefits, including compensation and health care, 
     to veterans--
       (1) who during active military, naval, or air service, 
     served in the Republic of Vietnam during the period beginning 
     on January 9, 1962, and ending on May 7, 1975; and
       (2) in whom chloracne, porphyria cutanea tarda, or acute or 
     subacute peripheral neuropathy have manifested.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of how the Secretary establishes a 
     service connection for a diseases described in paragraph (2) 
     of subsection (a) manifesting in veterans, including the 
     number of veterans described in paragraph (1) of such 
     subsection who have filed a claim for a benefit associated 
     with a disease described in paragraph (2) of such subsection.
       (2) A description of how claims adjudicators of the 
     Department of Veterans Affairs determine service connection 
     for a disease described in subparagraph (C) or (E) of section 
     1116(a)(2) of title 38, United States Code, when 
     documentation proving the presence of the disease during the 
     manifestation period set forth in such subparagraphs for the 
     disease is not available.
       (3) A description of the expected effect of repealing the 
     manifestation period from such subparagraphs, including the 
     expected effect on the number of claims for benefits the 
     Department will receive, an estimate of the cost to the 
     Department of such repeal, and a review of the scientific 
     evidence regarding such repeal.
       (4) A review of all claims submitted to the Secretary for 
     compensation under chapter 11 of such title that are 
     associated with a disease described in subsection (a)(2), 
     including the type of proof presented to establish a service 
     connection for the manifestation of the disease based on 
     exposure to a herbicide agent.
       (5) Recommendations on how the Department can better 
     adjudicate claims for benefits, including compensation, 
     submitted to the Department that are associated with a 
     disease described in paragraph (2) of subsection (a) for 
     veterans described in paragraph (1) of such subsection.
       (6) An assessment of such other areas as the Comptroller 
     General considers appropriate to study.
       (c) Administrative Action.--Not later than 120 days after 
     the date on which the Comptroller General of the United 
     States submits the report required under subsection (a), the 
     Secretary shall commence carrying out the recommendations 
     submitted under subsection (b)(5) to the degree that the 
     Secretary is authorized to carry out the recommendations by a 
     statute that was in effect on the day before the date of the 
     enactment of this Act.
       (d) Herbicide Agent Defined.--In this section, the term 
     ``herbicide agent'' has the meaning given such term in 
     section 1116(a)(3) of title 38, United States Code.

     SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS 
                   AFFAIRS TO USE INCOME INFORMATION FROM OTHER 
                   AGENCIES.

       Section 5317(g) of title 38, United States Code, is amended 
     by striking ``September 30, 2027'' and inserting ``September 
     30, 2030''.

     SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF 
                   PENSION.

       Section 5503(d)(7) of title 38, United States Code, is 
     amended by striking ``September 30, 2028'' and inserting 
     ``October 30, 2028''.

                          Subtitle B--Housing

     SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES FOR HOME LOANS 
                   FROM THE SECRETARY OF VETERANS AFFAIRS.

       (a) Expansion of Definition of Veteran for Purposes of Home 
     Loans.--Section 3701(b) of title 38, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(7) The term `veteran' also includes, for purposes of 
     home loans, an individual who performed full-time National 
     Guard duty (as that term is defined in section 101 of title 
     10) for a period--
       ``(A) of not less than 90 cumulative days; and
       ``(B) that includes 30 consecutive days.''.
       (b) Expansion of Eligibility.--Section 3702(a)(2) of such 
     title is amended by adding at the end the following new 
     subparagraph:
       ``(G) Each individual described in section 3701(b)(7) of 
     this title.''.
       (c) Retroactive Applicability.--The amendments made by this 
     section shall apply with respect to full-time National Guard 
     duty (as defined in section 101 of title 10, United States 
     Code) performed before, on, or after the date of the 
     enactment of this Act.

     SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED 
                   BY MAJOR DISASTERS.

       Section 3729(b)(4) of title 38, United States Code, is 
     amended--
       (1) by amending subparagraph (D) to read as follows:
       ``(D)(i) The term `initial loan' means a loan to a veteran 
     guaranteed under section 3710 or made under section 3711 of 
     this title if the veteran has never obtained a loan 
     guaranteed under section 3710 or made under section 3711 of 
     this title.

[[Page S7347]]

       ``(ii) If a veteran has obtained a loan guaranteed under 
     section 3710 or made under section 3711 of this title and the 
     dwelling securing such loan was substantially damaged or 
     destroyed by a major disaster declared by the President under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170), the Secretary 
     shall treat as an initial loan, as defined in clause (i), the 
     next loan the Secretary guarantees or makes to such veteran 
     under section 3710 or 3711, respectively, if--
       ``(I) such loan is guaranteed or made before the date that 
     is three years after the date on which the dwelling was 
     substantially damaged or destroyed; and
       ``(II) such loan is only for repairs or construction of the 
     dwelling, as determined by the Secretary.''; and
       (2) in subparagraph (E), by striking ``if the veteran has 
     previously obtained a loan guaranteed under section 3710 or 
     made under section 3711 of this title'' and inserting ``that 
     is not an initial loan''.

     SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES.

       Section 3729(b)(2) of title 38, United States Code, is 
     amended by striking ``October 1, 2029'' each place it appears 
     and inserting ``October 1, 2030''.

     SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED 
                   HOUSING ASSISTANCE.

       Section 2102 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g)(1) Whenever the Secretary finds that an overpayment 
     has been made to, or on behalf of, a person described in 
     paragraph (2), the Secretary shall determine--
       ``(A) the amounts to recover, if any; and
       ``(B) who is liable to the United States for such 
     overpayment.
       ``(2) A person described in this paragraph is any of the 
     following:
       ``(A) An individual who applied for assistance--
       ``(i) under this chapter; or
       ``(ii) under chapter 31 of this title who is pursuing a 
     rehabilitation program under such chapter in acquiring 
     adaptations to a residence.
       ``(B) An owner or seller of real estate used, or intended 
     to be used, in connection with assistance under this chapter.
       ``(C) A builder, contractor, supplier, tradesperson, 
     corporation, trust, partnership, or other person, who 
     provided services or goods relating to assistance under this 
     chapter.
       ``(D) An attorney, escrow agent, or financial institution, 
     that receives, or holds in escrow, funds relating to 
     assistance under this chapter.
       ``(E) A surviving spouse, heir, assignee, or successor in 
     interest of or to, any person described in this paragraph.
       ``(3)(A) Any overpayment referred to in this subsection may 
     be recovered in the same manner as any other debt due the 
     United States.
       ``(B) In recovering the overpayment, the Secretary may 
     charge administrative costs, fees, and interest, as 
     appropriate, in a manner similar to the authority under 
     section 5315 of this title.
       ``(4)(A) The recovery of any overpayment referred to in 
     this subsection may be waived by the Secretary.
       ``(B) Waiver of any such overpayment as to a person 
     described in paragraph (2) shall in no way release any other 
     person described in such paragraph from liability.
       ``(5) The Secretary shall waive recovery under this 
     subsection of any overpayment to a person described in 
     paragraph (2)(A), or a dependent or survivor of such person, 
     that arises from administrative error described in paragraph 
     (7)(A).
       ``(6) Nothing in this subsection shall be construed as 
     precluding the imposition of any civil or criminal liability 
     under this title or any other law.
       ``(7) The Secretary shall prescribe in regulations what 
     constitutes an overpayment for the purposes of this 
     subsection, which, at a minimum, shall include--
       ``(A) administrative error that results in an individual 
     receiving assistance to which that individual is not 
     entitled;
       ``(B) the failure of any person described in paragraph (2) 
     to--
       ``(i) perform or allow to be performed any act relating to 
     assistance under this chapter; or
       ``(ii) compensate any party performing services or 
     supplying goods relating to assistance under this chapter; 
     and
       ``(C) any disbursement of funds relating to assistance 
     under this chapter, that, in the sole discretion of the 
     Secretary, constitutes a misuse of such assistance.
       ``(8) Prior to collecting an overpayment under this 
     subsection, the Secretary shall provide to the person whom 
     the Secretary has determined liable for such overpayment--
       ``(A) notice of the finding by the Secretary of such 
     overpayment;
       ``(B) a reasonable opportunity for such person to remedy 
     the circumstances that effectuated the overpayment; and
       ``(C) a reasonable opportunity for such person to present 
     evidence to the Secretary that an overpayment was not made.
       ``(9) For the purposes of section 511 of this title, a 
     decision to collect an overpayment from a person other than a 
     person described in paragraph (2)(A), or a dependent or 
     survivor of such person, may not be treated as a decision 
     that affects the provision of benefits.''.

                       Subtitle C--Burial Matters

     SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO VETERANS' 
                   CEMETERIES.

       (a) In General.--Subsection (a) of section 2308 of title 
     38, United States Code, is amended by striking ``in a 
     national cemetery'' and inserting ``in a national cemetery or 
     a covered veterans' cemetery''.
       (b) Covered Veterans' Cemetery Defined.--Section 2308 of 
     such title is amended by adding at the end the following new 
     subsection:
       ``(c) Covered Veterans' Cemetery Defined.--In this section, 
     the term `covered veterans' cemetery' means a veterans' 
     cemetery--
       ``(1) in which a deceased veteran described in subsection 
     (b) is eligible to be buried;
       ``(2) that--
       ``(A) is owned by a State; or
       ``(B) is on trust land owned by, or held in trust for, a 
     tribal organization; and
       ``(3) for which the Secretary has made a grant under 
     section 2408 of this title.''.
       (c) Conforming Amendment.--Section 2308 of such title is 
     amended in the section heading by adding at the end the 
     following: ``or a covered veterans' cemetery''.
       (d) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of such title is amended by striking 
     the item relating to section 2308 and inserting the following 
     new item:

``2308. Transportation of deceased veteran to a national cemetery or a 
              covered veterans' cemetery.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date that is two years after the 
     date of the enactment of this Act.

     SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS 
                   ADMINISTERED BY THE SECRETARY OF VETERANS 
                   AFFAIRS.

       (a) Funeral Expenses for Non-service-connected 
     Disabilities.--Chapter 23 of title 38, United States Code, is 
     amended as follows:
       (1) By transferring subsection (b) of section 2302 to the 
     end of section 2303 and redesignating such subsection as 
     subsection (d).
       (2) By striking section 2302.
       (3) In section 2303--
       (A) in the section heading, by striking ``Death in 
     Department facility'' and inserting ``Death from non-service-
     connected disability''; and
       (B) in subsection (a)--
       (i) in paragraph (1), by striking ``a veteran dies in a 
     facility described in paragraph (2)'' and inserting ``a 
     veteran described in paragraph (2) dies'';
       (ii) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2) A veteran described in this paragraph is a deceased 
     veteran who is not covered by section 2307 of this title and 
     who meets any of the following criteria:
       ``(A) The deceased veteran dies in--
       ``(i) a facility of the Department (as defined in section 
     1701(3) of this title) to which the deceased veteran was 
     properly admitted for hospital, nursing home, or domiciliary 
     care under section 1710 or 1711(a) of this title; or
       ``(ii) an institution at which the deceased veteran was, at 
     the time of death, receiving--
       ``(I) hospital care in accordance with sections 1703A, 
     8111, and 8153 of this title;
       ``(II) nursing home care under section 1720 of this title; 
     or
       ``(III) nursing home care for which payments are made under 
     section 1741 of this title.
       ``(B) At the time of death, the deceased veteran (including 
     a person who died during a period deemed to be active 
     military, naval, or air service under section 106(c) of this 
     title) is in receipt of compensation under chapter 11 of this 
     title (or but for the receipt of retirement pay would have 
     been entitled to such compensation) or was in receipt of 
     pension under chapter 15 of this title.
       ``(C) The Secretary determines--
       ``(i) the deceased veteran (including a person who died 
     during a period deemed to be active military, naval, or air 
     service under section 106(c) of this title) has no next of 
     kin or other person claiming the body of the deceased 
     veteran; and
       ``(ii) that there are not available sufficient resources to 
     cover burial and funeral expenses.'';
       (iii) in subsection (b)--

       (I) in the matter preceding paragraph (1), by striking 
     ``section 2302 of this title and''; and
       (II) in paragraph (2), by striking ``under section 2302 of 
     this title or''; and

       (iv) in subsection (d), as added by paragraph (1) of this 
     subsection, by striking ``Except as'' and inserting ``With 
     respect to a deceased veteran described in subparagraph (B) 
     or (C) of subsection (a)(2), except as''.
       (b) Conforming Amendments.--
       (1) Title 38.--Such title is amended as follows:
       (A) In section 2304, by striking ``Applications for 
     payments under section 2302 of this title'' and inserting 
     ``Applications for payments under section 2303 of this title 
     regarding veterans described in subparagraph (B) or (C) of 
     subsection (a)(2) of such section''.
       (B) In section 2307, by striking ``sections 2302 and 
     2303(a)(1) and (b)(2) of this title'' and inserting 
     ``subsections (a)(1) and (b)(2) of section 2303 of this 
     title''.
       (C) In section 2308--
       (i) in subsection (a), by striking ``pursuant to section 
     2302 or 2307 of this title,'' and inserting ``pursuant to 
     section 2303 of this title regarding veterans described in 
     subparagraph (B) or (C) of subsection (a)(2) of such

[[Page S7348]]

     section, or pursuant to section 2307 of this title,''; and
       (ii) in subsection (b)(3)--

       (I) by striking ``section 2302'' and inserting ``section 
     2303''; and
       (II) by striking ``subsection (a)(2)(A)'' and inserting 
     ``subsection (a)(2)(C)''.

       (D) In section 113(c)(1), by striking ``2302,''.
       (E) In section 5101(a)(1)(B)(i), by striking ``2302'' and 
     inserting ``2303''.
       (2) Emergency medical care.--Section 11 of the Military 
     Selective Service Act (50 U.S.C. 3810) is amended by striking 
     ``section 2302(a) of title 38'' and inserting ``section 2303 
     of title 38, United States Code, regarding veterans described 
     in subparagraph (B) or (C) of subsection (a)(2) of such 
     section''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of such title is amended by striking 
     the items relating to sections 2302 and 2303 and inserting 
     the following new item:

``2303. Death from non-service-connected disability; plot allowance.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to deaths that occur on or after the date that is 
     two years after the date of the enactment of this Act.

     SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN 
                   CEMETERIES THAT ARE THE SUBJECTS OF CERTAIN 
                   GRANTS MADE BY THE SECRETARY OF VETERANS 
                   AFFAIRS.

       (a) In General.--Section 2306(e) of title 38, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by striking ``shall'' and inserting ``may''; and
       (ii) by inserting ``, or in a cemetery that is the subject 
     of a grant to a State or a tribal organization under section 
     2408 of this title,'' after ``National Cemetery 
     Administration''; and
       (B) in subparagraph (C), by striking ``shall'' and 
     inserting ``may''; and
       (2) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2)(A) The use of outer burial receptacles in a cemetery 
     under the control of the National Cemetery Administration or 
     in a cemetery that is the subject of a grant to a State or a 
     tribal organization under section 2408 of this title shall be 
     in accordance with regulations or procedures approved by the 
     Secretary of Veterans Affairs.
       ``(B) The use of outer burial receptacles in Arlington 
     National Cemetery shall be in accordance with regulations or 
     procedures approved by the Secretary of the Army.
       ``(C) The use of outer burial receptacles in a national 
     cemetery administered by the National Park Service shall be 
     in accordance with regulations or procedures approved by the 
     Secretary of the Interior.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date that is two years after the 
     date of the enactment of this Act.

     SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN 
                   ON CERTAIN HEADSTONES AND MARKERS FURNISHED BY 
                   THE SECRETARY OF VETERANS AFFAIRS.

       (a) In General.--Section 2306 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i)(1) In addition to any other authority under this 
     section, in the case of an individual whose grave is not in a 
     covered cemetery (as that term is defined in subsection 
     (f)(2)) and for whom the Secretary has furnished a headstone 
     or marker under subsection (a) or (d), the Secretary, if 
     feasible and upon request, may replace the headstone or 
     marker to add an inscription for the surviving spouse or 
     eligible dependent child of such individual following the 
     death of the surviving spouse or eligible dependent child.
       ``(2) If the spouse or eligible dependent child of an 
     individual referred to in paragraph (1) predeceases the 
     individual, the Secretary may, if feasible and upon request, 
     include an inscription for the spouse or dependent child on 
     the headstone or marker furnished for the individual under 
     subsection (a) or (d).''.
       (b) Application.--Subsection (i) of section 2306 of title 
     38, United States Code, as added by subsection (a), shall 
     apply with respect to an individual who dies on or after 
     October 1, 2019.

     SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPANSION, AND 
                   IMPROVEMENT OF VETERANS' CEMETERIES.

       (a) In General.--Section 2408 of title 38, United States 
     Code, is amended--
       (1) by inserting ``or county'' after ``State'' each place 
     it appears;
       (2) in subsection (a)(1), in the matter preceding 
     subparagraph (A), by striking ``subsection (b)'' and 
     inserting ``subsections (b), (c), (d), and (g)'';
       (3) by adding at the end the following new subsection:
       ``(g)(1) The Secretary may make a grant to a county under 
     this section only if--
       ``(A)(i) the State in which the county is located does not 
     have a veterans' cemetery owned by the State;
       ``(ii) the State is not in receipt of a grant under this 
     section for the construction of a new veterans' cemetery to 
     be owned by the State;
       ``(iii) the State did not apply for a grant under this 
     section during the previous year;
       ``(iv) no tribal organization from the State in which the 
     county is located has a veterans' cemetery on trust land 
     owned by, or held in trust for, the tribal organization;
       ``(v) no such tribal organization is in receipt of a grant 
     under this section for the construction of a new veterans' 
     cemetery to be located on such land; and
       ``(vi) no such tribal organization applied for a grant 
     under this section during the previous year; and
       ``(B) the county demonstrates in the application under 
     subsection (a)(2), to the satisfaction of the Secretary, that 
     the county has the resources necessary to operate and 
     maintain the veterans' cemetery owned by the county.
       ``(2)(A) If a county and the State in which the county is 
     located both apply for a grant under this section for the 
     same year, the Secretary shall give priority to the State.
       ``(B) If a county and a tribal organization from the State 
     in which the county is located both apply for a grant under 
     this section for the same year, the Secretary shall give 
     priority to the tribal organization.
       ``(3) The Secretary shall prescribe regulations to carry 
     out this subsection.''; and
       (4) in subsection (f)--
       (A) by redesignating paragraph (3) as subsection (h);
       (B) by moving such subsection, as so redesignated, to the 
     location after subsection (g), as added by paragraph (3);
       (C) in subsection (h), as so redesignated and moved, by 
     redesignating subparagraphs (A) and (B) as paragraphs (1) and 
     (2), respectively; and
       (D) in the matter preceding paragraph (1), as so 
     redesignated, by striking ``this subsection'' and inserting 
     ``this section''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended by inserting ``, counties, and tribal organizations'' 
     after ``States''.
       (2) Table of sections.--The table of sections at the 
     beginning of chapter 24 of such title is amended by striking 
     the item relating to section 2408 and inserting the following 
     new item:

``2408. Aid to States, counties, and tribal organizations for 
              establishment, expansion, and improvement of veterans' 
              cemeteries.''.
       (c) Effective Date.--The amendments made by this section 
     shall take on effect on the date that is two years after the 
     date of the enactment of this Act.

     SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES, 
                   COUNTIES, AND TRIBAL ORGANIZATIONS FOR 
                   OPERATING AND MAINTAINING VETERANS' CEMETERIES.

       Section 2408(e)(2) of title 38, United States Code, is 
     amended by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.

     SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE PLAQUES FOR 
                   REMAINS OF CERTAIN VETERANS WHOSE CREMATED 
                   REMAINS ARE NOT INTERRED IN CERTAIN CEMETERIES.

       (a) In General.--Section 2306 of title 38, United States 
     Code, as amended by section 2204 of this title, is further 
     amended--
       (1) by redesignating subsections (h), (i), and (j) as 
     subsections (i), (j), and (k), respectively; and
       (2) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h)(1) In lieu of furnishing a headstone or marker under 
     this section for a deceased individual described in paragraph 
     (3), the Secretary shall furnish, upon request and at the 
     expense of the United States--
       ``(A) an urn made of any material to signify the 
     individual's status as a veteran, in which the remains of 
     such individual may be placed at private expense; or
       ``(B) a commemorative plaque signifying the individual's 
     status as a veteran.
       ``(2) If the Secretary furnishes an urn or commemorative 
     plaque for an individual under paragraph (1), the Secretary 
     may not provide for such individual--
       ``(A) a headstone or marker under this section; or
       ``(B) any burial benefit under section 2402 of this title.
       ``(3) A deceased individual described in this paragraph is 
     an individual--
       ``(A) who served in the Armed Forces on or after April 6, 
     1917;
       ``(B) who is eligible for a headstone or marker furnished 
     under subsection (d) (or would be so eligible but for the 
     date of the death of the individual); and
       ``(C) whose remains were cremated and not interred in a 
     national cemetery, a State veterans' cemetery, a tribal 
     cemetery, a county cemetery, or a private cemetery.
       ``(4)(A) Any urn or commemorative plaque furnished under 
     this subsection shall be the personal property of the next of 
     kin or such other individual as the Secretary considers 
     appropriate.
       ``(B) The Federal Government shall not be liable for any 
     damage to an urn or commemorative plaque furnished under this 
     subsection that occurs after the date on which the urn or 
     commemorative plaque is so furnished.
       ``(5) The Secretary shall prescribe regulations to carry 
     out this subsection.''.
       (b) Effective Date.--The amendments made by this section 
     shall take on effect on the date that is two years after the 
     date of the enactment of this Act.

     SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS' CEMETERY 
                   PERSONNEL BY NATIONAL CEMETERY ADMINISTRATION.

       (a) In General.--Section 2408 of title 38, United States 
     Code, as amended by sections 2205 and 2206 of this title, is 
     further amended--

[[Page S7349]]

       (1) in subsection (b)(1)--
       (A) in subparagraph (A)--
       (i) by striking ``and (ii) the cost'' and inserting ``(ii) 
     the cost''; and
       (ii) by inserting ``; and (iii) training costs described in 
     subsection (c)(1)'' before the semicolon; and
       (B) in subparagraph (B)--
       (i) by striking ``and (ii) the cost'' and inserting ``(ii) 
     the cost''; and
       (ii) by inserting ``; and (iii) training costs described in 
     subsection (c)(1)'' before the period;
       (2) by redesignating subsections (c) through (h) as 
     subsections (d) through (i), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c)(1) A grant under this section for a purpose described 
     in subparagraph (A) or (B) of subsection (a)(1) may be used, 
     solely or in part, for training costs, including travel 
     expenses and up to four weeks of lodging expenses, associated 
     with attendance by employees of a veterans' cemetery owned by 
     a State or on trust land owned by, or held in trust for, a 
     tribal organization at training provided by the National 
     Cemetery Administration.
       ``(2) Any employee described in paragraph (1) who 
     participates in training described in such paragraph shall 
     fulfill a service requirement as determined by the Secretary.
       ``(3) The Secretary may by regulation prescribe such 
     additional terms and conditions for grants used for training 
     costs under this subsection as the Secretary considers 
     appropriate.''.
       (b) Reports.--
       (1) In general.--Not later than each of two years and five 
     years after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall submit to the Committee 
     on Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     training provided by the National Cemetery Administration 
     under subsection (c) of section 2408 of title 38, United 
     States Code, as added by subsection (a).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The attrition rate with respect to individuals who 
     participate in the training described in paragraph (1).
       (B) A description of how State and tribal veterans' 
     cemeteries that used grants awarded under section 2408 of 
     title 38, United States Code, for training costs under 
     subsection (c) of such section, as added by subsection (a), 
     have improved as a result of the training, according to the 
     administrators of such cemeteries.
       (C) An identification of how many State and tribal 
     veterans' cemeteries used the authority provided by 
     subsection (c) of section 2408 of title 38, United States 
     Code, as added by subsection (a), in order to train 
     individuals.
       (D) The amount obligated or expended as a result of the 
     authority described in subparagraph (C).

                         TITLE III--HEALTH CARE

                   Subtitle A--Health Care Generally

     SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DIRECTED 
                   CARE PROGRAM.

       Section 20006 of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136) is amended--
       (1) by striking ``During a public health emergency'' each 
     place it appears and inserting ``During the period specified 
     in subsection (f)'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``during a public health emergency'' and inserting ``during 
     the period specified in subsection (f)''; and
       (B) in paragraph (1), by striking ``an area agency on 
     aging'' and inserting ``a covered provider''; and
       (3) by striking subsection (e) and inserting the following 
     new subsections:
       ``(e) Transfer of Certain Veterans to the Program.--During 
     the period specified in subsection (f), the Secretary shall 
     allow a veteran residing in an area covered by the Program to 
     be transferred to the Program for the duration of such period 
     if--
       ``(1) the veteran had been receiving extended care services 
     paid for by the Department, such as adult day services or 
     homemaker or home health aide services, immediately preceding 
     such period; and
       ``(2) those services are no longer available due to a 
     public health emergency.
       ``(f) Period Specified.--The period specified in this 
     subsection is the period beginning on the date on which a 
     public health emergency was first declared and ending on the 
     date that is 60 days after the date on which a public health 
     emergency is no longer in effect.
       ``(g) Covered Provider Defined.--In this section, the term 
     `covered provider' means a provider participating in the 
     Program, including--
       ``(1) an Aging and Disability Resource Center, an area 
     agency on aging, or a State agency (as those terms are 
     defined in section 102 of the Older Americans Act of 1965 (42 
     U.S.C. 3002)); or
       ``(2) a center for independent living (as defined in 
     section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 
     796a)).''.

     SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH CARE 
                   COPAYMENT BY THE SECRETARY OF VETERANS AFFAIRS 
                   FROM A VETERAN WHO IS A MEMBER OF AN INDIAN 
                   TRIBE.

       (a) In General.--Section 1730A of title 38, United States 
     Code, is amended--
       (1) in the heading, by striking ``catastrophically 
     disabled'' and inserting ``certain'';
       (2) by inserting ``(a) Prohibition.--'' before 
     ``Notwithstanding'';
       (3) by striking ``a veteran who is catastrophically 
     disabled, as defined by the Secretary,'' and inserting ``a 
     covered veteran''; and
       (4) by adding at the end the following new subsection:
       ``(b) Covered Veteran Defined.--In this section, the term 
     `covered veteran' means a veteran who--
       ``(1) is catastrophically disabled, as defined by the 
     Secretary; or
       ``(2) is an Indian or urban Indian (as those terms are 
     defined in section 4 of the Indian Health Care Improvement 
     Act (25 U.S.C. 1603)).''.
       (b) Technical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by striking 
     the item relating to section 1730A and inserting the 
     following:

``1730A. Prohibition on collection of copayments from certain 
              veterans.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the day that is one year after the date 
     of the enactment of this Act.

     SEC. 3003. OVERSIGHT FOR STATE HOMES REGARDING COVID-19 
                   INFECTIONS, RESPONSE CAPACITY, AND STAFFING 
                   LEVELS.

       (a) Reporting.--
       (1) In general.--During a covered public health emergency, 
     each State home shall submit weekly to the Secretary of 
     Veterans Affairs and the National Healthcare Safety Network 
     of the Centers for Disease Control and Prevention, through an 
     electronic medium and in a standardized format specified by 
     the Secretary, a report on the emergency.
       (2) Elements.--Each report required by paragraph (1) for a 
     State home shall include the following:
       (A) The number of suspected and confirmed COVID-19 
     infections among residents and staff, including residents 
     previously treated for COVID-19, disaggregated by--
       (i) veteran, spouse of a veteran, staff, and other;
       (ii) race and ethnicity;
       (iii) gender; and
       (iv) age.
       (B) The number of total deaths and COVID-19 deaths among 
     residents and staff, disaggregated by--
       (i) veteran, spouse of a veteran, staff, and other;
       (ii) race and ethnicity;
       (iii) gender; and
       (iv) age.
       (C) An assessment of the supply of personal protective 
     equipment and hand hygiene supplies.
       (D) An assessment of ventilator capacity and supplies.
       (E) The number of resident beds and the occupancy rate, 
     disaggregated by veteran, spouse of a veteran, and other.
       (F) An assessment of the access of residents to testing for 
     COVID-19.
       (G) An assessment of staffing shortages, if any.
       (H) Such other information as the Secretary may specify.
       (b) Publication of Total Infections and Deaths.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and not less frequently than 
     weekly thereafter, the Secretary shall post on a publicly 
     available website of the Department of Veterans Affairs--
       (A) the total number of residents and staff of State homes 
     who are infected with COVID-19; and
       (B) the total number of such residents and staff who have 
     died from COVID-19.
       (2) Information on residents and staff.--The Secretary 
     shall disaggregate information on residents and staff 
     published under paragraph (1) by veteran, staff, and other.
       (c) Definitions.--In this section:
       (1) Covered public health emergency.--The term ``covered 
     public health emergency'' means an emergency with respect to 
     COVID-19 declared by a Federal, State, or local authority.
       (2) State home.--The term ``State home'' has the meaning 
     given that term in section 101(19) of title 38, United States 
     Code.

     SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS.

       (a) State Home Defined.--Section 101(19) of title 38, 
     United States Code, is amended by inserting ``or Indian tribe 
     (as defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304))'' after ``(other 
     than a possession)''.
       (b) Payments to State Homes.--Section 1741 of title 38, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(g) In this subchapter, the term `State' means each of 
     the several States and each Indian tribe (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304)).''.
       (c) State Home Construction.--
       (1) In general.--Section 8131(2) of title 38, United States 
     Code, is amended by inserting ``includes each Indian tribe 
     (as defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304)) but'' before 
     ``does not''.
       (2) Conforming amendment.--Section 8132 of such title is 
     amended by striking ``several''.
       (d) Additional Legislative or Administrative Action.--

[[Page S7350]]

       (1) Consultation with indian tribes.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall consult with Indian 
     tribes to determine if any legislative or administrative 
     action is necessary to modify the State home program to 
     function efficiently in support of State homes operated by 
     Indian tribes pursuant to the amendments made by this 
     section.
       (2) Report to congress.--Not later than 90 days after 
     completing consultations under paragraph (1), the Secretary 
     shall submit to the appropriate committees of Congress a 
     report recommending legislative action that the Secretary 
     considers appropriate to modify the State home program 
     described in such paragraph in light of those consultations.
       (3) Modifications.--Not later than 180 days after 
     completing consultations under paragraph (1), the Secretary 
     shall make any modifications to regulations implementing the 
     State home program, for which legislative action is not 
     necessary, as the Secretary considers appropriate in light of 
     those consultations.
       (e) Technical Support and Assistance.--The Secretary of 
     Veterans Affairs shall provide technical support and 
     assistance to Indian tribes in carrying out the State home 
     program at State homes operated by Indian tribes pursuant to 
     the amendments made by this section.
       (f) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Indian Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs and the Subcommittee 
     for Indigenous Peoples of the United States of the Committee 
     on Natural Resources of the House of Representatives.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (3) State home.--The term ``State home'' has the meaning 
     given that term in section 101(19) of title 38, United States 
     Code.
       (4) State home program.--The term ``State home program'' 
     means the program of the Department of Veterans Affairs for 
     which payments are made under subchapter V of chapter 17 of 
     title 38, United States Code, and assistance is provided 
     under subchapter III of chapter 81 of such title.

     SEC. 3005. CONTINUATION OF WOMEN'S HEALTH TRANSITION TRAINING 
                   PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.

       (a) Duration.--The Secretary of Veterans Affairs shall 
     carry out the Women's Health Transition Training program of 
     the Department of Veterans Affairs (in this section referred 
     to as the ``Program'') until at least one year after the date 
     of the enactment of this Act.
       (b) Report.--Not later than one year and ten days after the 
     date of the enactment of this Act, the Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly submit to 
     the appropriate congressional committees a report on the 
     Program that includes the following:
       (1) The number of women members of the Armed Forces, 
     disaggregated by military department (with respect to the 
     Department of the Navy, disaggregated by the Navy and Marine 
     Corps), who participated in the Program.
       (2) The number of courses held under the Program.
       (3) The locations at which such courses were held, the 
     number of seats available for such courses, and the number of 
     participants at each such location.
       (4) With respect to the number of members of the Armed 
     Forces who participated in the Program as specified under 
     paragraph (1)--
       (A) the number who enrolled in the health care system of 
     the Department of Veterans Affairs under section 1705(a) of 
     title 38, United States Code; and
       (B) the number who attended at least one health care 
     appointment at a medical facility of the Department of 
     Veterans Affairs.
       (5) Data relating to--
       (A) satisfaction with courses held under the Program;
       (B) improved awareness of health care services administered 
     by the Secretary of Veterans Affairs; and
       (C) any other available statistics regarding the Program.
       (6) A discussion of regulatory, legal, or resource barriers 
     to--
       (A) making the Program permanent to enable access to 
     services provided under the Program by a greater number of 
     women members of the Armed Forces at locations throughout the 
     United States;
       (B) offering the Program online for women members of the 
     Armed Forces who are unable to attend courses held under the 
     Program in person; and
       (C) the feasability of automatically enrolling Program 
     participants in the health care system of the Department of 
     Veterans Affairs under section 1705(a) of title 38, United 
     States Code.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.

     SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO 
                   FURNISH MEDICALLY NECESSARY TRANSPORTATION FOR 
                   NEWBORN CHILDREN OF CERTAIN WOMEN VETERANS.

       (a) In General.--Section 1786 of title 38, United States 
     Code, as amended by section 9102 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021, is further amended--
       (1) in subsection (a)--
       (A) in the matter before paragraph (1), by inserting ``and 
     transportation necessary to receive such services'' after 
     ``described in subsection (b)'';
       (B) in paragraph (1), by striking ``or'';
       (C) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (D) by adding at the end the following new paragraph:
       ``(3) another location, including a health care facility, 
     if the veteran delivers the child before arriving at a 
     facility described in paragraph (1) or (2).'';
       (2) in subsection (b), by inserting before the period at 
     the end the following: ``, including necessary health care 
     services provided by a facility other than the facility where 
     the newborn child was delivered (including a specialty 
     pediatric hospital) that accepts transfer of the newborn 
     child and responsibility for treatment of the newborn 
     child''; and
       (3) by adding at the end the following new subsections:
       ``(d) Transportation.--(1) Transportation furnished under 
     subsection (a) to, from, or between care settings to meet the 
     needs of a newborn child includes costs for either or both 
     the newborn child and parents.
       ``(2) Transportation furnished under subsection (a) 
     includes transportation by ambulance, including air 
     ambulance, or other appropriate medically staffed modes of 
     transportation--
       ``(A) to another health care facility (including a 
     specialty pediatric hospital) that accepts transfer of the 
     newborn child or otherwise provides post-delivery care 
     services when the treating facility is not capable of 
     furnishing the care or services required; or
       ``(B) to a health care facility in a medical emergency of 
     such nature that a prudent layperson reasonably expects that 
     delay in seeking immediate medical attention would be 
     hazardous to life or health.
       ``(3) Amounts paid by the Department for transportation 
     under this section shall be derived from the Medical Services 
     appropriations account of the Department.
       ``(e) Reimbursement or Payment for Health Care Services or 
     Transportation.--(1) Pursuant to regulations the Secretary 
     shall prescribe to establish rates of reimbursement and any 
     limitations thereto under this section, the Secretary shall 
     directly reimburse a covered entity for health care services 
     or transportation services provided under this section, 
     unless the cost of the services or transportation is covered 
     by an established agreement or contract. If such an agreement 
     or contract exists, its negotiated payment terms shall apply.
       ``(2)(A) Reimbursement or payment by the Secretary under 
     this section on behalf of an individual to a covered entity 
     shall, unless rejected and refunded by the covered entity 
     within 30 days of receipt, extinguish any liability on the 
     part of the individual for the health care services or 
     transportation covered by such payment.
       ``(B) Neither the absence of a contract or agreement 
     between the Secretary and a covered entity nor any provision 
     of a contract, agreement, or assignment to the contrary shall 
     operate to modify, limit, or negate the requirements of 
     subparagraph (A).
       ``(3) In this subsection, the term `covered entity' means 
     any individual, transportation carrier, organization, or 
     other entity that furnished or paid for health care services 
     or transportation under this section.''.
       (b) Treatment of Certain Expenses Already Incurred.--
       (1) In general.--Pursuant to such regulations as the 
     Secretary of Veterans Affairs shall prescribe, with respect 
     to transportation furnished in order for a newborn child of a 
     veteran to receive health care services under section 1786 of 
     title 38, United States Code, during the period specified in 
     paragraph (2), the Secretary may--
       (A) waive a debt owed by the veteran to the Department of 
     Veterans Affairs or reimburse expenses already paid by the 
     veteran to the Department for such transportation;
       (B) reimburse the veteran for expenses already paid by the 
     veteran to a covered entity for such transportation; or
       (C) reimburse a covered entity for the costs of such 
     transportation.
       (2) Period specified.--The period specified in this 
     paragraph is the period beginning on May 5, 2010, and ending 
     on the date of the enactment of this Act.
       (3) Covered entity defined.--In this subsection, the term 
     ``covered entity'' has the meaning given that term in section 
     1786(e)(3) of title 38, United States Code, as added by 
     subsection (a).

     SEC. 3007. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS 
                   AFFAIRS FOR RECEIPT OF PER DIEM PAYMENTS FOR 
                   DOMICILIARY CARE AT STATE HOMES AND 
                   MODIFICATION OF ELIGIBILITY FOR SUCH PAYMENTS.

       (a) Waiver of Requirements.--Notwithstanding section 1741 
     of title 38, United States Code (as amended by subsection 
     (b)),

[[Page S7351]]

     the Secretary of Veterans Affairs shall modify section 
     51.51(b) of title 38, Code of Federal Regulations (or 
     successor regulations), to provide the Secretary the 
     authority to waive the requirements under such section 
     51.51(b) for a veteran to be eligible for per diem payments 
     for domiciliary care at a State home if--
       (1) the veteran has met not fewer than four of the 
     requirements set forth in such section; or
       (2) such waiver would be in the best interest of the 
     veteran.
       (b) Modification of Eligibility.--Section 1741(a)(1) of 
     title 38, United States Code, is amended, in the flush text 
     following subparagraph (B), by striking ``in a Department 
     facility'' and inserting ``under the laws administered by the 
     Secretary''.
       (c) State Home Defined.--In this section, the term ``State 
     home'' has the meaning given that term in section 101(19) of 
     title 38, United States Code.

     SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON 
                   STAFFING AND VACANCIES AT FACILITIES OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE 
                   INFORMATION ON DURATION OF HIRING PROCESS.

       (a) Quarterly Update.--Subsection (a)(1) of section 505 of 
     the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 301 
     note) is amended by adding at the end the following new 
     subparagraph:
       ``(E) Beginning with any update under paragraph (3) on or 
     after the date of the enactment of the Johnny Isakson and 
     David P. Roe, M.D. Veterans Health Care and Benefits 
     Improvement Act of 2020, the following:
       ``(i) For employees appointed under paragraphs (1) and (3) 
     of section 7401 of title 38, United States Code, the number 
     of employees for which the duration of the process from 
     validation of vacancy to receipt of official offer and 
     notification of actual start date exceeds the metrics laid 
     out in the Time to Hire Model of the Veterans Health 
     Administration, or successor model.
       ``(ii) The percentage of employees who are described in 
     clause (i) compared to all employees appointed under 
     paragraphs (1) and (3) of section 7401 of such title during 
     the same period.
       ``(iii) The average number of days potential hires or new 
     hires appointed under paragraphs (1) and (3) of section 7401 
     of such title spent in each phase of the Time to Hire Model, 
     or successor model.''.
       (b) Annual Report.--Subsection (b) of such section is 
     amended, in the first sentence, by adding before the period 
     at the end the following: ``and to improve the onboard 
     timeline for facilities for which the duration of the 
     onboarding process exceeds the metrics laid out in the Time 
     to Hire Model of the Veterans Health Administration, or 
     successor model''.

     SEC. 3009. REQUIREMENT FOR CERTAIN DEPARTMENT OF VETERANS 
                   AFFAIRS MEDICAL FACILITIES TO HAVE PHYSICAL 
                   LOCATION FOR THE DISPOSAL OF CONTROLLED 
                   SUBSTANCES MEDICATIONS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     ensure that each covered Department medical facility has a 
     physical location where patients may dispose of controlled 
     substances medications.
       (b) Covered Department Medical Facility.--In this section, 
     the term ``covered Department medical facility'' means a 
     medical facility of the Department of Veterans Affairs with 
     an onsite pharmacy or a physical location dedicated for law 
     enforcement purposes.
       (c) Effective Date.--This section shall take effect on 
     January 1, 2022.

     SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR 
                   CLINICAL OBSERVATION BY UNDERGRADUATE STUDENTS.

       (a) Establishment.--The Secretary of Veterans Affairs shall 
     carry out a pilot program for a one-year period, beginning 
     not later than August 15, 2021, to provide certain students 
     described in subsection (d) a clinical observation experience 
     at medical centers of the Department of Veterans Affairs.
       (b) Medical Center Selection.--The Secretary shall carry 
     out the pilot program under this section at not fewer than 
     five medical centers of the Department. In selecting such 
     medical centers, the Secretary shall ensure regional 
     diversity among such selected medical centers.
       (c) Clinical Observation Sessions.--
       (1) Frequency and duration.--In carrying out the pilot 
     program, the Secretary shall--
       (A) provide at least one and not more than three clinical 
     observation sessions at each medical center selected during 
     each calendar year;
       (B) ensure that each clinical observation session--
       (i) lasts between four and six months; and
       (ii) to the extent practicable, begins and ends 
     concurrently with one or more academic terms of an 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001)); and
       (C) ensure that the clinical observation sessions provided 
     at a medical center have minimal overlap.
       (2) Sessions.--The Secretary shall ensure that the pilot 
     program consists of clinical observation sessions as follows:
       (A) Each session shall allow for not fewer than five 
     students nor greater than 15 students to participate in the 
     session.
       (B) Each session shall consist of not fewer than 20 
     observational hours nor greater than 40 observational hours.
       (C) A majority of the observational hours shall be spent 
     observing a health professional. The other observational 
     hours shall be spent in a manner that ensures a robust, well 
     rounded experience that exposes the students to a variety of 
     aspects of medical care and health care administration.
       (D) Each session shall provide a diverse clinical 
     observation experience.
       (d) Students.--
       (1) Selection.--The Secretary shall select to participate 
     in the pilot program under subsection (a) students who are--
       (A) nationals of the United States;
       (B) enrolled in an accredited program of study at an 
     institution of higher education; and
       (C) referred by their institution of higher education 
     following an internal application process.
       (2) Priority.--In making such selection, the Secretary 
     shall give priority to each of the following five categories 
     of students:
       (A) Students who, at the time of the completion of their 
     secondary education, resided in a health professional 
     shortage area (as defined in section 332 of the Public Health 
     Service Act (42 U.S.C. 254e)).
       (B) First generation college students (as defined in 
     section 402A(h)(3) of the Higher Education Act of 1965 (20 
     U.S.C. 1067q(a))).
       (C) Students who have been referred by minority-serving 
     institutions (as defined in section 371(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(a))).
       (D) Veterans (as defined in section 101 of title 38, United 
     States Code).
       (E) Students who indicate an intention to specialize in a 
     health professional occupation identified by the Inspector 
     General of the Department under section 7412 of title 38, 
     United States Code, as having a staffing shortage.
       (3) Assignment to medical centers.--The Secretary shall 
     assign students selected under paragraph (1) to medical 
     centers selected under subsection (b) without regard for 
     whether such medical centers have staffing shortages in any 
     health professional occupation pursuant to section 7412 of 
     title 38, United States Code.
       (e) Other Matters.--In carrying out the pilot program under 
     this section, the Secretary shall--
       (1) establish a formal status to facilitate the access to 
     medical centers of the Department by student observers 
     participating in the pilot program;
       (2) establish standardized legal, privacy, and ethical 
     requirements for the student observers, including with 
     respect to--
       (A) ensuring that no student observer provides any care to 
     patients while participating as an observer; and
       (B) ensuring the suitability of a student to participate in 
     the pilot program to ensure that the student poses no risk to 
     patients;
       (3) develop and implement a partnership strategy with 
     minority-serving institutions to encourage referrals;
       (4) create standardized procedures for student observers;
       (5) create an online information page about the pilot 
     program on the internet website of the Department;
       (6) publish on the online information page created under 
     paragraph (5) the locations of such centers, and other 
     information on the pilot program, not later than 180 days 
     before the date on which applications are required to be 
     submitted by potential student observers;
       (7) identify medical centers and specific health 
     professionals participating in the pilot program; and
       (8) notify the Committees on Veterans' Affairs of the House 
     of Representatives and the Senate of the medical centers 
     selected under subsection (c) within 30 days of selection, to 
     facilitate program awareness.
       (f) Report.--Not later than 180 days after the completion 
     of the pilot program under subsection (a), the Secretary 
     shall submit to the Committees on Veterans' Affairs of the 
     House of Representatives and the Senate a report on the 
     results of the pilot program, including--
       (1) the number and demographics of all applicants, those 
     accepted to participate in the pilot program, and those who 
     completed the pilot program; and
       (2) if participating institutions of higher education 
     choose to administer satisfaction surveys that assess the 
     experience of those who completed the pilot program, the 
     results of any such satisfaction surveys, provided at the 
     discretion of the institution of higher education.
       (g) Sense of Congress Regarding Department of Veterans 
     Affairs Pilot Program for Clinical Observation by 
     Undergraduate Students.--It is the sense of Congress that the 
     pilot program described in subsection (a) should be designed 
     to--
       (1) increase the awareness, knowledge, and empathy of 
     future health professionals toward the health conditions 
     common to veterans;
       (2) increase the diversity of the recruitment pool of 
     future physicians of the Department; and
       (3) expand clinical observation opportunities for all 
     students by encouraging students of all backgrounds to 
     consider a career in the health professions.
       (h) No Additional Funds Authorized.--No additional funds 
     are authorized to be appropriated to carry out the 
     requirements of this section. Such requirements shall be 
     carried out using amounts otherwise authorized to be 
     appropriated.

[[Page S7352]]

  


             Subtitle B--Scheduling and Consult Management

     SEC. 3101. PROCESS AND REQUIREMENTS FOR SCHEDULING 
                   APPOINTMENTS FOR HEALTH CARE FROM DEPARTMENT OF 
                   VETERANS AFFAIRS AND NON-DEPARTMENT HEALTH 
                   CARE.

       (a) Process and Requirements.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (A) establish a process and requirements for scheduling 
     appointments for--
       (i) health care from the Department of Veterans Affairs; 
     and
       (ii) health care furnished through the Veterans Community 
     Care Program under section 1703 of title 38, United States 
     Code, by a non-Department health care provider; and
       (B) submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a description of such process and 
     requirements.
       (2) Elements of description.--The description of the 
     process and requirements for scheduling appointments for 
     health care required to be submitted under paragraph (1)(B) 
     shall include--
       (A) information on how such process and requirements take 
     into account the access standards established under section 
     1703B of title 38, United States Code; and
       (B) the maximum number of days allowed to complete each 
     step of such process.
       (3) Periodic revision.--
       (A) In general.--The Secretary may revise the process and 
     requirements required under paragraph (1) as the Secretary 
     considers necessary.
       (B) Submittal to congress.--Not later than 30 days before 
     revising the process and requirements under subparagraph (A), 
     the Secretary shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a description of such revised 
     process and requirements, including a description of any 
     modifications to the certification and training under 
     subsection (b).
       (b) Certification and Training on Process and 
     Requirements.--
       (1) Certification.--Not later than one year after the date 
     of the enactment of this Act, the Secretary shall require 
     each individual involved in the scheduling of appointments 
     for health care from the Department or health care described 
     in subsection (a)(1)(A)(ii), including schedulers, clinical 
     coordinators, and supervisors, to certify to the Secretary 
     that the individual understands the process and requirements 
     established under subsection (a), including the maximum 
     number of days allowed to complete each step of such process.
       (2) New employees.--The Secretary shall require each 
     employee hired by the Department on or after the date of the 
     enactment of this Act who is to be involved in the scheduling 
     of appointments for health care from the Department or health 
     care described in subsection (a)(1)(A)(ii)--
       (A) to undergo training on the process and requirements 
     established under subsection (a) as part of training for the 
     position for which the employee has been hired; and
       (B) to make the certification to the Secretary required 
     under paragraph (1).
       (c) Method to Monitor Compliance.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall establish or 
     maintain a method or tool--
       (A) to enable monitoring of the compliance of the 
     Department with the process and requirements established 
     under subsection (a), including compliance with policies of 
     the Department relating to the maximum number of days allowed 
     to complete each step of such process; and
       (B) to ensure that each medical facility of the Department 
     complies with such process and requirements.
       (2) Use throughout department.--
       (A) In general.--The Secretary shall require each medical 
     facility of the Department to use the method or tool 
     described in paragraph (1).
       (B) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report indicating whether each medical 
     facility of the Department is using the method or tool 
     described in paragraph (1).
       (d) Comptroller General Report.--Not later than two years 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the compliance of the Secretary with the requirements of this 
     section.

     SEC. 3102. AUDITS REGARDING SCHEDULING OF APPOINTMENTS AND 
                   MANAGEMENT OF CONSULTATIONS FOR HEALTH CARE 
                   FROM DEPARTMENT OF VETERANS AFFAIRS AND NON-
                   DEPARTMENT HEALTH CARE.

       (a) In General.--Not later than each of one year and two 
     years after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall provide for the conduct 
     of a facility-level audit of the scheduling of appointments 
     and the management of consultations for health care under the 
     laws administered by the Secretary.
       (b) Application.--
       (1) First audit.--The first audit required under subsection 
     (a) shall apply to each medical facility of the Department of 
     Veterans Affairs.
       (2) Second audit.--The second audit required under 
     subsection (a) shall apply to only those medical facilities 
     of the Department that are in need of corrective action based 
     on the first audit, as determined by the Secretary.
       (c) Elements.--Each audit conducted under subsection (a) 
     shall include the following:
       (1) With respect to each medical center of the Department 
     covered by the audit, an assessment of any scheduling or 
     consultation management issues at that medical center, 
     including the following:
       (A) An assessment of noncompliance with policies of the 
     Veterans Health Administration relating to scheduling 
     appointments and managing consultations.
       (B) An assessment of the extent to which appointments or 
     consultations are not timely processed.
       (C) A description of any backlogs in appointments or 
     consultations that are awaiting action.
       (D) An assessment of whether consultations are 
     appropriately processed.
       (E) Data with respect to consultations as follows:
       (i) Consultations that were scheduled within the request 
     window.
       (ii) Duplicate consultation requests.
       (iii) Consultations that were discontinued.
       (iv) Delays in consultations.
       (v) Consultations that were not properly closed or 
     discontinued, including a description of remediation 
     attempts.
       (F) A review for accuracy with respect to consultation 
     management as follows:
       (i) A review of the accuracy of the type of service, either 
     administrative or clinical, that is inputted in the 
     electronic health record.
       (ii) A review of the accuracy of the type of consultation 
     setting, either impatient or outpatient, that is inputted in 
     the electronic health record.
       (iii) A review of the appropriateness of the level of 
     urgency of the consultation that is inputted in the 
     electronic health record.
       (iv) A review of any delayed or unresolved consultations.
       (2) An identification of such recommendations for 
     corrective action as the Secretary considers necessary, 
     including additional training, increased personnel, and other 
     resources.
       (3) A certification that the director of each medical 
     center of the Department covered by the audit is in 
     compliance with the process and requirements established 
     under section 3101(a) and such other requirements relating to 
     the scheduling of appointments and management of 
     consultations as the Secretary considers appropriate.
       (4) With respect to referrals for health care between 
     health care providers or facilities of the Department, a 
     measurement of, for each medical facility of the Department 
     covered by the audit--
       (A) the period of time between--
       (i) the date that a clinician of the Department determines 
     that a veteran requires care from another health care 
     provider or facility and the date that the referral for care 
     is sent to the other health care provider or facility;
       (ii) the date that the referral for care is sent to the 
     other health care provider or facility and the date that the 
     other health care provider or facility accepts the referral;
       (iii) the date that the other health care provider or 
     facility accepts the referral and the date that the 
     appointment with the other health care provider or at the 
     other facility is made; and
       (iv) the date that the appointment with the other health 
     care provider or at the other facility is made and the date 
     of the appointment with the other health care provider or at 
     the other facility; and
       (B) any other period of time that the Secretary determines 
     necessary to measure.
       (5) With respect to referrals for non-Department health 
     care originating from medical facilities of the Department, a 
     measurement of, for each such facility covered by the audit--
       (A) the period of time between--
       (i) the date that a clinician of the Department determines 
     that a veteran requires care, or a veteran presents to the 
     Department requesting care, and the date that the referral 
     for care is sent to a non-Department health care provider;
       (ii) the date that the referral for care is sent to a non-
     Department health care provider and the date that a non-
     Department health care provider accepts the referral;
       (iii) the date that a non-Department health care provider 
     accepts the referral and the date that the referral to a non-
     Department health care provider is completed;
       (iv) the date that the referral to a non-Department health 
     care provider is completed and the date that an appointment 
     with a non-Department health care provider is made; and
       (v) the date that an appointment with a non-Department 
     health care provider is made and the date that an appointment 
     with a non-Department health care provider occurs; and
       (B) any other period of time that the Secretary determines 
     necessary to measure.
       (d) Conduct of Audit by Third Party.--Each audit conducted 
     under subsection (a) with respect to a medical facility of 
     the Department shall be conducted by an individual or entity 
     that is not affiliated with the facility.

[[Page S7353]]

       (e) Transmittal to VHA.--Each audit conducted under 
     subsection (a) shall be transmitted to the Under Secretary 
     for Health of the Department so that the Under Secretary 
     can--
       (1) strengthen oversight of the scheduling of appointments 
     and management of consultations throughout the Department;
       (2) monitor national policy on such scheduling and 
     management; and
       (3) develop a remediation plan to address issues uncovered 
     by those audits.
       (f) Annual Report.--
       (1) In general.--Not later than December 31 of each year in 
     which an audit is conducted under subsection (a), the 
     Secretary shall submit to the Committee on Veterans' Affairs 
     of the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report on the audit conducted 
     during that year.
       (2) Elements.--The Secretary shall include in each report 
     required by paragraph (1)--
       (A) the nationwide results of the audit conducted under 
     subsection (a);
       (B) the results of such audit with respect to each medical 
     facility of the Department covered by such audit;
       (C) an assessment of how the Department strengthened 
     oversight of the scheduling of appointments and management of 
     consultations at each such facility as a result of the audit;
       (D) an assessment of how the audit informed the national 
     policy of the Department with respect to the scheduling of 
     appointments and management of consultations; and
       (E) a description of any remediation plans to address 
     issues raised by the audit that was completed.

     SEC. 3103. ADMINISTRATION OF NON-DEPARTMENT OF VETERANS 
                   AFFAIRS HEALTH CARE.

       (a) Certification of Proper Administration of Non-
     Department Care.--
       (1) Review.--
       (A) In general.--The Secretary of Veterans Affairs shall 
     conduct a review of the staffing, training, and other 
     requirements necessary to administer section 1703 of title 
     38, United States Code.
       (B) Elements.--The review conducted under subparagraph (A) 
     shall include, with respect to each medical facility of the 
     Department of Veterans Affairs--
       (i) an assessment of the type of positions required to be 
     staffed at the medical facility;
       (ii) the number of such positions authorized;
       (iii) the number of such positions funded;
       (iv) the number of such positions filled; and
       (v) the number of additional such positions required to be 
     authorized.
       (2) Submittal to congress.--Not later than 180 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary shall submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives--
       (A) the results of the review conducted under paragraph 
     (1); and
       (B) a certification that the Secretary has established all 
     staffing, training, and other requirements required to be 
     reviewed under such paragraph.
       (b) Scheduling of Appointments.--
       (1) Measurement of timeliness for each facility.--Not later 
     than 120 days after the date of the enactment of this Act, 
     the Secretary shall measure, with respect to referrals for 
     non-Department health care originating from medical 
     facilities of the Department, for each such facility--
       (A) the period of time between--
       (i) the date that a clinician of the Department determines 
     that a veteran requires care, or a veteran presents to the 
     Department requesting care, and the date that the referral 
     for care is sent to a non-Department health care provider;
       (ii) the date that the referral for care is sent to a non-
     Department health care provider and the date that a non-
     Department health care provider accepts the referral;
       (iii) the date that a non-Department health care provider 
     accepts the referral and the date that the referral to a non-
     Department health care provider is completed;
       (iv) the date that the referral to a non-Department health 
     care provider is completed and the date that an appointment 
     with a non-Department health care provider is made; and
       (v) the date that an appointment with a non-Department 
     health care provider is made and the date that an appointment 
     with a non-Department health care provider occurs; and
       (B) any other period of time that the Secretary determines 
     necessary to measure.
       (2) Submissions to congress.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives the data measured under paragraph (1), 
     disaggregated by medical facility.
       (B) Update.--Not less frequently than biweekly, the 
     Secretary shall update the data submitted under subparagraph 
     (A).
       (c) Comptroller General Report.--
       (1) Review.--Beginning not later than one year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall review compliance by the Secretary 
     with the requirements of this section, including a review of 
     the validity and reliability of data submitted by the 
     Secretary under subsection (b)(2).
       (2) Report.--Not later than three years after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives the results of the review conducted under 
     paragraph (1).

     SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION AND 
                   SCHEDULING POSITIONS OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Proper Grading of Consultation and Scheduling 
     Positions.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     conduct an examination of health care positions of the 
     Department of Veterans Affairs to determine whether health 
     care positions involved in the consultation and scheduling 
     processes are appropriately graded.
       (2) Consultation.--In conducting the examination under 
     paragraph (1), the Secretary shall consult with health care 
     staffing experts in the Federal Government and the private 
     sector.
       (3) Submittal to congress.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the appropriate committees of Congress the results 
     of the examination conducted under paragraph (1).
       (b) Review of Onboarding Process.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to the appropriate committees of Congress--
       (1) a review of the onboarding process of individuals in 
     health care positions described in subsection (a), including 
     how long it takes to hire those individuals; and
       (2) a description of any changes that the Secretary has 
     made or plans to make to improve that process.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the House of Representatives.

                    TITLE IV--NAVY SEAL BILL MULDER

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Navy SEAL Bill Mulder Act 
     of 2020''.

              Subtitle A--Service-connection and COVID-19

     SEC. 4101. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS OF 
                   ARMED FORCES WHO CONTRACT CORONAVIRUS DISEASE 
                   2019 UNDER CERTAIN CIRCUMSTANCES.

       (a) In General.--Subchapter VI of chapter 11 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1164. Presumptions of service-connection for 
       Coronavirus Disease 2019

       ``(a) Presumptions Generally.--(1) For purposes of laws 
     administered by the Secretary and subject to section 1113 of 
     this title, if symptoms of Coronavirus Disease 2019 (in this 
     section referred to as `COVID-19') described in subsection 
     (d) manifest within one of the manifestation periods 
     described in paragraph (2) in an individual who served in a 
     qualifying period of duty described in subsection (b)--
       ``(A) infection with severe acute respiratory syndrome 
     coronavirus 2 (in this section referred to as `SARS-CoV-2') 
     shall be presumed to have occurred during the qualifying 
     period of duty;
       ``(B) COVID-19 shall be presumed to have been incurred 
     during the qualifying period of duty; and
       ``(C) if the individual becomes disabled or dies as a 
     result of COVID-19, it shall be presumed that the individual 
     became disabled or died during the qualifying period of duty 
     for purposes of establishing that the individual served in 
     the active military, naval, or air service.
       ``(2)(A) The manifestation periods described in this 
     paragraph are the following:
       ``(i) During a qualifying period of duty described in 
     subsection (b), if that period of duty was more than 48 
     continuous hours in duration.
       ``(ii) Within 14 days after the individual's completion of 
     a qualifying period of duty described in subsection (b).
       ``(iii) An additional period prescribed under subparagraph 
     (B).
       ``(B)(i) If the Secretary determines that a manifestation 
     period of more than 14 days after completion of a qualifying 
     period of service is appropriate for the presumptions under 
     paragraph (1), the Secretary may prescribe that additional 
     period by regulation.
       ``(ii) A determination under clause (i) shall be made in 
     consultation with the Director of the Centers for Disease 
     Control and Prevention.
       ``(b) Qualifying Period of Duty Described.--A qualifying 
     period of duty described in this subsection is--
       ``(1) a period of active duty performed--
       ``(A) during the national emergency declared by the 
     President under the National Emergencies Act (50 U.S.C. 1601 
     et seq.); and
       ``(B) before the date that is three years after the date of 
     the enactment of the Johnny Isakson and David P. Roe, M.D. 
     Veterans Health Care and Benefits Improvement Act of 2020; or

[[Page S7354]]

       ``(2) training duty under title 10 or full-time National 
     Guard duty (as defined in section 101 of title 10), performed 
     under orders issued on or after March 13, 2020--
       ``(A) during the national emergency declared by the 
     President under the National Emergencies Act (50 U.S.C. 1601 
     et seq.); and
       ``(B) before the date that is three years after the date of 
     the enactment of the Johnny Isakson and David P. Roe, M.D. 
     Veterans Health Care and Benefits Improvement Act of 2020.
       ``(c) Application of Presumptions for Training Duty.--When, 
     pursuant to subsection (a), COVID-19 is presumed to have been 
     incurred during a qualifying period of duty described in 
     subsection (b)(2)--
       ``(1) COVID-19 shall be deemed to have been incurred in the 
     line of duty during a period of active military, naval, or 
     air service; and
       ``(2) where entitlement to benefits under this title is 
     predicated on the individual who was disabled or died being a 
     veteran, benefits for disability or death resulting from 
     COVID-19 as described in subsection (a) shall be paid or 
     furnished as if the individual was a veteran, without regard 
     to whether the period of duty would constitute active 
     military, naval, or air service under section 101 of this 
     title.
       ``(d) Symptoms of COVID-19.--For purposes of subsection 
     (a), symptoms of COVID-19 are those symptoms that competent 
     medical evidence demonstrates are experienced by an 
     individual affected and directly related to COVID-19.
       ``(e) Medical Examinations and Opinions.--If there is a 
     question of whether the symptoms experienced by an individual 
     described in paragraph (1) of subsection (a) during a 
     manifestation period described in paragraph (2) of such 
     subsection are attributable to COVID-19 resulting from 
     infection with SARS-CoV-2 during the qualifying period of 
     duty, in determining whether a medical examination or medical 
     opinion is necessary to make a decision on the claim within 
     the meaning of section 5103A(d) of this title, a qualifying 
     period of duty described in subsection (b) of this section 
     shall be treated as if it were active military, naval, or air 
     service for purposes of section 5103A(d)(2)(B) of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``1164. Presumptions of service-connection for Coronavirus Disease 
              2019.''.

              Subtitle B--Assistance for Homeless Veterans

     SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS 
                   IN CARING FOR HOMELESS VETERANS DURING A 
                   COVERED PUBLIC HEALTH EMERGENCY.

       (a) General Support.--
       (1) Use of funds.--During a covered public health 
     emergency, the Secretary of Veterans Affairs may use amounts 
     appropriated or otherwise made available to the Department of 
     Veterans Affairs to carry out sections 2011, 2012, 2031, and 
     2061 of title 38, United States Code, to provide to homeless 
     veterans and veterans participating in the program carried 
     out under section 8(o)(19) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as 
     ``HUD-VASH''), as the Secretary determines is needed, the 
     following:
       (A) Assistance required for safety and survival (such as 
     food, shelter, clothing, blankets, and hygiene items).
       (B) Transportation required to support stability and health 
     (such as for appointments with service providers, conducting 
     housing searches, and obtaining food and supplies).
       (C) Communications equipment and services (such as tablets, 
     smartphones, disposable phones, and related service plans) 
     required to support stability and health (such as maintaining 
     contact with service providers, prospective landlords, and 
     family).
       (D) Such other assistance as the Secretary determines is 
     needed.
       (2) Homeless veterans on land of the department.--
       (A) Collaboration.--During a covered public health 
     emergency, to the extent possible, the Secretary may 
     collaborate with one or more organizations to manage use of 
     land of the Department for homeless veterans for living and 
     sleeping.
       (B) Elements.--Collaboration under subparagraph (A) may 
     include the provision by either the Secretary or the 
     organization of food services and security for property, 
     buildings, and other facilities owned or controlled by the 
     Department.
       (b) Grant and Per Diem Program.--
       (1)  Limits on rates for per diem payments.--Section 
     20013(b) of the Coronavirus Aid, Relief, and Economic 
     Security Act (38 U.S.C. 2011 note; Public Law 116-136) is 
     amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) in the matter preceding subparagraph (A), as so 
     redesignated, by inserting ``(1)'' before ``In the case''; 
     and
       (C) by adding at the end the following:
       ``(2) If the Secretary waives any limit on grant amounts or 
     rates for per diem payments under paragraph (1), 
     notwithstanding section 2012(a)(2)(B) of such title, the 
     maximum rate for per diem payments described in paragraph 
     (1)(B) shall be three times the rate authorized for State 
     homes for domiciliary care under section 1741 of such 
     title.''.
       (2) Modification of funding limits for grants.--Subsection 
     (c)(2) of section 2011 of title 38, United States Code, shall 
     not apply to any grant awarded during a covered public health 
     emergency under such section for a project described in 
     subsection (b)(1) of such section.
       (3) Use of per diem payments.--During a covered public 
     health emergency, a recipient of a grant or an eligible 
     entity under the grant and per diem program of the Department 
     (in this subsection referred to as the ``program'') may use 
     per diem payments under sections 2012 and 2061 of title 38, 
     United States Code, to provide assistance required for safety 
     and survival (such as food, shelter, clothing, blankets, and 
     hygiene items) for--
       (A) homeless veterans; and
       (B) formerly homeless veterans residing in a facility 
     operated wholly or in part by such a recipient or eligible 
     entity receiving per diem payments under section 2012 of such 
     title.
       (4) Additional transitional housing.--
       (A) In general.--During a covered public health emergency, 
     under the program, the Secretary may provide amounts for 
     additional transitional housing beds to facilitate access to 
     housing and services provided to homeless veterans.
       (B) Notice; competition; period of performance.--The 
     Secretary may provide amounts under subparagraph (A)--
       (i) without notice or competition; and
       (ii) for a period of performance determined by the 
     Secretary.
       (5) Inspections and life safety code requirements.--
       (A) In general.--During a covered public health emergency, 
     the Secretary may waive any requirement under subsection (b) 
     or (c) of section 2012 of title 38, United States Code, in 
     order to allow the recipient of a grant or an eligible entity 
     under the program--
       (i) to quickly identify temporary alternate sites of care 
     for homeless veterans that are suitable for habitation;
       (ii) to facilitate social distancing or isolation needs; or
       (iii) to facilitate activation or continuation of a program 
     for which a grant has been awarded.
       (B) Limitation.--The Secretary may waive a requirement 
     pursuant to the authority provided by subparagraph (A) with 
     respect to a facility of a recipient of a grant or an 
     eligible entity under the program only if the facility meets 
     applicable local safety requirements, including fire safety 
     requirements.
       (6) Disposition of property relating to grants.--During a 
     covered public health emergency, if the recipient of a grant 
     awarded before or during such emergency under section 2011 of 
     title 38, United States Code, for a project described in 
     subsection (b)(1) of such section is no longer providing 
     services in accordance with the terms of the grant, the 
     recipient shall not be subject during such emergency to any 
     property disposition requirements relating to the grant under 
     subsection (c) or (f) of section 61.67 of title 38, Code of 
     Federal Regulations, section 200.311(c) of title 2, Code of 
     Federal Regulations, or successor regulations.
       (c) Inspection and Life Safety Code Requirements for 
     Therapeutic Housing.--
       (1) In general.--During a covered public health emergency, 
     the Secretary may waive any inspection or life safety code 
     requirement under subsection (c) of section 2032 of title 38, 
     United States Code--
       (A) to allow quick identification of temporary alternate 
     sites of care for homeless veterans that are suitable for 
     habitation;
       (B) to facilitate social distancing or isolation needs; or
       (C) to facilitate the operation of housing under such 
     section.
       (2) Limitation.--The Secretary may waive a requirement 
     pursuant to the authority provided by paragraph (1) with 
     respect to a residence or facility referred to in such 
     section 2032 only if the residence or facility, as the case 
     may be, meets applicable local safety requirements, including 
     fire safety requirements.
       (d) Access to Department of Veterans Affairs Telehealth 
     Services.--To the extent practicable, during a covered public 
     health emergency, the Secretary shall ensure that veterans 
     participating in or receiving services from a program under 
     chapter 20 of title 38, United States Code, have access to 
     telehealth services to which such veterans are eligible under 
     the laws administered by the Secretary, including by ensuring 
     that telehealth capabilities are available to--
       (1) such veterans;
       (2) case managers of the Department of programs for 
     homeless veterans authorized under such chapter; and
       (3) community-based service providers for homeless veterans 
     receiving funds from the Department through grants or 
     contracts.
       (e) Definitions.--In this section:
       (1) Covered public health emergency.--The term ``covered 
     public health emergency'' means an emergency with respect to 
     COVID-19 declared by a Federal, State, or local authority.
       (2) Homeless veteran; veteran.--The terms ``homeless 
     veteran'' and ``veteran'' have the meanings given those terms 
     in section 2002 of title 38, United States Code.
       (3) Telehealth.--
       (A) In general.--The term ``telehealth'' means the use of 
     electronic information and telecommunications technologies to 
     support and promote long-distance clinical health care, 
     patient and professional health-related education, public 
     health, and health administration.

[[Page S7355]]

       (B) Technologies.--For purposes of subparagraph (A), 
     ``telecommunications technologies'' include video 
     conferencing, the internet, streaming media, and terrestrial 
     and wireless communications.

     SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS 
                   AT RISK FOR HOMELESSNESS.

       (a) In General.--Subchapter III of chapter 20 of title 38, 
     United States Code, is amended by inserting after section 
     2022 the following new section:

     ``Sec. 2022A. Legal services for homeless veterans and 
       veterans at risk for homelessness

       ``(a) Grants.--Subject to the availability of 
     appropriations provided for such purpose, the Secretary shall 
     award grants to eligible entities that provide legal services 
     to homeless veterans and veterans at risk for homelessness.
       ``(b) Criteria.--(1) The Secretary shall--
       ``(A) establish criteria and requirements for grants under 
     this section, including criteria for entities eligible to 
     receive such grants; and
       ``(B) publish such criteria and requirements in the Federal 
     Register.
       ``(2) In establishing criteria and requirements under 
     paragraph (1), the Secretary shall--
       ``(A) take into consideration any criteria and requirements 
     needed with respect to carrying out this section in rural 
     communities, on trust lands, and in the territories and 
     possessions of the United States; and
       ``(B) consult with organizations that have experience in 
     providing services to homeless veterans, including--
       ``(i) veterans service organizations;
       ``(ii) the Equal Justice Works AmeriCorps Veterans Legal 
     Corps; and
       ``(iii) such other organizations as the Secretary 
     determines appropriate.
       ``(c) Eligible Entities.--The Secretary may award a grant 
     under this section to an entity applying for such a grant 
     only if the applicant for the grant--
       ``(1) is a public or nonprofit private entity with the 
     capacity (as determined by the Secretary) to effectively 
     administer a grant under this section;
       ``(2) demonstrates that adequate financial support will be 
     available to carry out the services for which the grant is 
     sought consistent with the application;
       ``(3) agrees to meet the applicable criteria and 
     requirements established under subsection (b)(1); and
       ``(4) has, as determined by the Secretary, demonstrated the 
     capacity to meet such criteria and requirements.
       ``(d) Use of Funds.--Grants under this section shall be 
     used to provide homeless veterans and veterans at risk for 
     homelessness the following legal services:
       ``(1) Legal services relating to housing, including 
     eviction defense, representation in landlord-tenant cases, 
     and representation in foreclosure cases.
       ``(2) Legal services relating to family law, including 
     assistance in court proceedings for child support, divorce, 
     estate planning, and family reconciliation.
       ``(3) Legal services relating to income support, including 
     assistance in obtaining public benefits.
       ``(4) Legal services relating to criminal defense, 
     including defense in matters symptomatic of homelessness, 
     such as outstanding warrants, fines, and driver's license 
     revocation, to reduce recidivism and facilitate the 
     overcoming of reentry obstacles in employment or housing.
       ``(5) Legal services relating to requests to upgrade the 
     characterization of a discharge or dismissal of a former 
     member of the Armed Forces under section 1553 of title 10.
       ``(6) Such other legal services as the Secretary determines 
     appropriate.
       ``(e) Funds for Women Veterans.--For any fiscal year, not 
     less than 10 percent of the amount authorized to be 
     appropriated for grants under this section shall be used to 
     provide legal services described in subsection (d) to women 
     veterans.
       ``(f) Locations.--To the extent practicable, the Secretary 
     shall award grants under this section to eligible entities in 
     a manner that is equitably distributed across the geographic 
     regions of the United States, including with respect to--
       ``(1) rural communities;
       ``(2) trust lands (as defined in section 3765 of this 
     title);
       ``(3) Native Americans; and
       ``(4) tribal organizations (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304)).
       ``(g) Biennial Reports.--(1) Not less frequently than once 
     every two years, the Secretary shall submit to the Committee 
     on Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     grants awarded under this section.
       ``(2) To the extent feasible, each report required by 
     paragraph (1) shall include the following with respect to the 
     period covered by the report:
       ``(A) The number of homeless veterans and veterans at risk 
     for homelessness assisted.
       ``(B) A description of the legal services provided.
       ``(C) A description of the legal matters addressed.
       ``(D) An analysis by the Secretary with respect to the 
     operational effectiveness and cost-effectiveness of the 
     services provided.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 20 of such title is amended by inserting 
     after the item relating to section 2022 the following new 
     item:

``2022A. Legal services for homeless veterans and veterans at risk for 
              homelessness.''.
       (c) Criteria.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish and publish in the Federal Register the 
     criteria and requirements pursuant to subsection (b)(1) of 
     section 2022A of title 38, United States Code, as added by 
     subsection (a).

     SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS 
                   PROGRAMS THAT PROVIDE ASSISTANCE TO WOMEN 
                   VETERANS WHO ARE HOMELESS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     complete an analysis of programs of the Department of 
     Veterans Affairs that provide assistance to women veterans 
     who are homeless or precariously housed to identify the areas 
     in which such programs are failing to meet the needs of such 
     women.
       (b) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on the analysis completed under 
     subsection (a).

     SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED BY THE SECRETARY OF 
                   VETERANS AFFAIRS TO ENTITIES THAT PROVIDE 
                   SERVICES TO HOMELESS VETERANS.

       (a) Increase in Per Diem Payments.--Paragraph (2) of 
     subsection (a) of section 2012 of title 38, United States 
     Code, is amended to read as follows:
       ``(2)(A)(i) Except as otherwise provided in subparagraph 
     (B), the rate for such per diem payments shall be the daily 
     cost of care estimated by the grant recipient or eligible 
     entity adjusted by the Secretary under clause (ii).
       ``(ii)(I) The Secretary shall adjust the rate estimated by 
     the grant recipient or eligible entity under clause (i) to 
     exclude other sources of income described in subclause (III) 
     that the grant recipient or eligible entity certifies to be 
     correct.
       ``(II) Each grant recipient or eligible entity shall 
     provide to the Secretary such information with respect to 
     other sources of income as the Secretary may require to make 
     the adjustment under subclause (I).
       ``(III) The other sources of income referred to in 
     subclauses (I) and (II) are payments to the grant recipient 
     or eligible entity for furnishing services to homeless 
     veterans under programs other than under this subchapter, 
     including payments and grants from other departments and 
     agencies of the United States, from departments or agencies 
     of State or local government, and from private entities or 
     organizations.
       ``(iii) For purposes of calculating the rate for per diem 
     payments under clause (i), in the case of a homeless veteran 
     who has care of a minor dependent while receiving services 
     from the grant recipient or eligible entity, the daily cost 
     of care of the homeless veteran shall be the sum of the daily 
     cost of care of the homeless veteran determined under clause 
     (i) plus, for each such minor dependent, an amount that 
     equals 50 percent of such daily cost of care.
       ``(B)(i)(I) Except as provided in clause (ii), and subject 
     to the availability of appropriations, the Secretary may 
     adjust the rate for per diem payments under this paragraph, 
     as the Secretary considers appropriate.
       ``(II) Any adjustment made under this clause--
       ``(aa) may not result in a rate that--
       ``(AA) is lower than the rate in effect under this 
     paragraph as in effect immediately preceding the date of the 
     enactment of the Navy SEAL Bill Mulder Act of 2020; or
       ``(BB) exceeds the rate that is 115 percent of the rate 
     authorized for State homes for domiciliary care under 
     subsection (a)(1)(A) of section 1741 of this title, as the 
     Secretary may increase from time to time under subsection (c) 
     of that section; and
       ``(bb) may be determined on the basis of locality.
       ``(ii) In the case of services furnished to a homeless 
     veteran who is placed in housing that will become permanent 
     housing for the veteran upon termination of the furnishing of 
     such services to such veteran, the maximum rate of per diem 
     authorized under this section is 150 percent of the rate 
     authorized for State homes for domiciliary care under 
     subsection (a)(1)(A) of section 1741 of this title, as the 
     Secretary may increase from time to time under subsection (c) 
     of that section.''.
       (b) Reimbursement of Certain Fees.--Such section is further 
     amended by adding at the end the following new subsection:
       ``(e) Reimbursement of Entities for Certain Fees.--The 
     Secretary may reimburse a recipient of a grant under section 
     2011, 2013, or 2061 of this title or a recipient of per diem 
     payments under this section for fees charged to that grant or 
     per diem payment recipient for the use of the homeless 
     management information system described in section 402(f) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11360a(f))--
       ``(1) in amounts the Secretary determines to be reasonable; 
     and
       ``(2) if the Secretary determines that the grant or per 
     diem payment recipient is unable to obtain information 
     contained in such system through other means and at no cost 
     to the grant or per diem payment recipient.''.

[[Page S7356]]

  


     SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM 
                   OF REFERRAL AND COUNSELING SERVICES FOR 
                   VETERANS AT RISK FOR HOMELESSNESS WHO ARE 
                   TRANSITIONING FROM CERTAIN INSTITUTIONS.

       (a) In General.--Section 2023 of title 38, United States 
     Code, is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsection (e) as subsection (d).
       (b) Conforming Amendment.--Section 2021(a)(4) of such title 
     is amended by striking ``section 2023(e)'' and inserting 
     ``section 2023(d)''.

     SEC. 4206. COORDINATION OF CASE MANAGEMENT SERVICES FOR 
                   VETERANS RECEIVING HOUSING VOUCHERS UNDER 
                   TRIBAL HOUSING AND URBAN DEVELOPMENT-VETERANS 
                   AFFAIRS SUPPORTIVE HOUSING PROGRAM.

       Section 2003 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Memorandum of Understanding on Assistance From Indian 
     Health Service.--The Secretary may enter into a memorandum of 
     understanding with the Secretary of Health and Human Services 
     under which case managers of the Indian Health Service may 
     provide case management assistance to veterans who receive 
     housing vouchers under the Tribal Housing and Urban 
     Development-Veterans Affairs Supportive Housing (Tribal HUD-
     VASH) program of the Department of Housing and Urban 
     Development.''.

     SEC. 4207. CONTRACTS RELATING TO CASE MANAGERS FOR HOMELESS 
                   VETERANS IN SUPPORTED HOUSING PROGRAM.

       (a) In General.--Section 304 of the Honoring America's 
     Veterans and Caring for Camp Lejeune Families Act of 2012 
     (Public Law 112-154; 38 U.S.C. 2041 note) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``The Secretary'';
       (B) by adding at the end the following new paragraphs:
       ``(2)(A) The director of each covered medical center shall 
     seek to enter into one or more contracts or agreements 
     described in paragraph (1).
       ``(B) Any contract or agreement under subparagraph (A) may 
     require that each case manager employed by an eligible entity 
     who performs services under the contract or agreement has 
     credentials equivalent to the credentials required for a case 
     manager of the Department.
       ``(C)(i) The Secretary may waive the requirement under 
     subparagraph (A) with respect to a covered medical center if 
     the Secretary determines that fulfilling such requirement is 
     infeasible.
       ``(ii) If the Secretary grants a waiver under clause (i), 
     the Secretary shall, not later than 90 days after granting 
     such waiver, submit to the Committee on Veterans' Affairs of 
     the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report containing--
       ``(I) an explanation of the determination made under clause 
     (i);
       ``(II) a plan to increase the number of case managers of 
     the Department; and
       ``(III) a plan for the covered medical center to increase 
     use of housing vouchers allocated to that medical center 
     under the program described in paragraph (1).
       ``(D) In this paragraph, the term `covered medical center' 
     means a medical center of the Department with respect to 
     which the Secretary determines that--
       ``(i) more than 15 percent of all housing vouchers 
     allocated to that medical center under the program described 
     in paragraph (1) during the fiscal year preceding the fiscal 
     year in which such determination was made were unused due to 
     a lack of case management services provided by the Secretary; 
     and
       ``(ii) one or more case manager positions have been vacant 
     for at least nine consecutive months immediately preceding 
     the date of such determination.''; and
       (2) in subsection (b)(2)--
       (A) in the matter before subparagraph (A), by striking ``, 
     including because--'' and inserting a period; and
       (B) by striking subparagraphs (A), (B), and (C).
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of the enactment of this Act.

     SEC. 4208. REPORT ON STAFFING OF DEPARTMENT OF HOUSING AND 
                   URBAN DEVELOPMENT-DEPARTMENT OF VETERANS 
                   AFFAIRS SUPPORTED HOUSING PROGRAM.

       Not later than 180 days after the date of the enactment of 
     this Act, and every three years thereafter, the Secretary of 
     Veterans Affairs shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a report that includes the 
     following:
       (1) An assessment of the hiring needs of the program 
     carried out under section 8(o)(19) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (in this section 
     referred to as the ``HUD-VASH program''), including--
       (A) an identification of the number of case managers of the 
     HUD-VASH program as of the date of the report including--
       (i) the total number of vacancies; and
       (ii) the vacancies at each medical center of the Department 
     of Veterans Affairs;
       (B) the number of case managers of the HUD-VASH program 
     that the Secretary of Veterans Affairs and the Secretary of 
     Housing and Urban Development jointly determine necessary to 
     meet the needs of the Department and the program; and
       (C) the amount of turnover among case managers of the HUD-
     VASH program and whether the turnover was planned or 
     unexpected.
       (2) An assessment of how compensation, including 
     recruitment and retention incentives, for case managers of 
     the HUD-VASH program affects turnover, and what percentage of 
     retention compensation is provided to such case managers at 
     each medical center of the Department of Veterans Affairs 
     (compared to other positions).
       (3) A comparison of compensation described in paragraph (2) 
     with the compensation provided to State, local, and 
     nongovernmental housing employees at comparable training and 
     experience levels.
       (4) Examples of how the Department of Veterans Affairs and 
     the Department of Housing and Urban Development have worked 
     with non-Federal partners (such as local governments, 
     nongovernmental organizations, veterans service 
     organizations, and employee unions) to meet the staffing 
     needs of the HUD-VASH program.
       (5) Examples of how medical centers of the Department of 
     Veterans Affairs with high retention rates for case managers 
     of the HUD-VASH program have been able to maintain staffing 
     levels.

             Subtitle C--Retraining Assistance for Veterans

     SEC. 4301. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS 
                   AFFAIRS TO THE FEDERAL DIRECTORY OF NEW HIRES.

       Section 453A(h) of the Social Security Act (42 U.S.C. 
     653a(h)) is amended by adding at the end the following new 
     paragraph:
       ``(4) Veteran employment.--The Secretaries of Labor and of 
     Veterans Affairs shall have access to information reported by 
     employers pursuant to subsection (b) of this section for 
     purposes of tracking employment of veterans.''.

     SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH 
                   TECHNOLOGY PROGRAMS OF EDUCATION FOR VETERANS.

       Section 116 of the Harry W. Colmery Veterans Educational 
     Assistance Act of 2017 (Public Law 115-48; 38 U.S.C. 3001 
     note) is amended--
       (1) in subsection (b), by adding at the end the following: 
     ``The Secretary shall treat an individual as an eligible 
     veteran if the Secretary determines that the individual shall 
     become an eligible veteran fewer than 180 days after the date 
     of such determination. If an individual treated as an 
     eligible veteran by reason of the preceding sentence does 
     anything to make the veteran ineligible during the 180-day 
     period referred to in such sentence, the Secretary may 
     require the veteran to repay any benefits received by such 
     veteran by reason of such sentence.'';
       (2) in subsection (c)--
       (A) in paragraph (3)(A), by striking ``has been operational 
     for at least 2 years'' and inserting ``employs instructors 
     whom the Secretary determines are experts in their respective 
     fields in accordance with paragraph (6)''; and
       (B) by adding at the end the following new paragraph:
       ``(6) Experts.--The Secretary shall determine whether 
     instructors are experts under paragraph (3)(A) based on 
     evidence furnished to the Secretary by the provider regarding 
     the ability of the instructors to--
       ``(A) identify professions in need of new employees to 
     hire, tailor the programs to meet market needs, and identify 
     the employers likely to hire graduates;
       ``(B) effectively teach the skills offered to eligible 
     veterans;
       ``(C) provide relevant industry experience in the fields of 
     programs offered to incoming eligible veterans; and
       ``(D) demonstrate relevant industry experience in such 
     fields of programs.'';
       (3) in subsection (d), in the matter preceding paragraph 
     (1)--
       (A) by inserting ``(not including an individual described 
     in the second sentence of subsection (b))'' after ``each 
     eligible veteran''; and
       (B) by inserting ``or part-time'' after ``full-time'';
       (4) in subsection (g), by striking ``$15,000,000'' and 
     inserting ``$45,000,000''; and
       (5) by adding at the end the following new subsection (i):
       ``(i) Prohibition on Certain Accounting of Assistance.--The 
     Secretary may not consider enrollment in a high technology 
     program of education under this section to be assistance 
     under a provision of law referred to in section 3695 of title 
     38, United States Code.''.

     SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR 
                   VETERANS AND SPOUSES.

       (a) Extension of Pilot Program.--Subsection (a) of section 
     301 of the Dignified Burial and Other Veterans' Benefits 
     Improvement Act of 2012 (Public Law 112-260; 10 U.S.C. 1144 
     note) is amended--
       (1) by striking ``During the two-year period beginning on 
     the date of the enactment of this Act'' and inserting 
     ``During the five-year period beginning on the date of the 
     enactment of the Navy SEAL Bill Mulder Act of 2020''; and
       (2) by striking ``to assess the feasibility and 
     advisability of providing such program to eligible 
     individuals at locations other than military installations''.
       (b) Locations.--Subsection (c) of such section is amended--

[[Page S7357]]

       (1) in paragraph (1)--
       (A) in the paragraph heading, by striking ``States'' and 
     inserting ``locations''; and
       (B) by striking ``not less than three and not more than 
     five States'' and inserting ``not fewer than 50 locations in 
     States (as defined in section 101 of title 38, United States 
     Code)'';
       (2) in paragraph (2), by striking ``at least two'' and 
     inserting ``at least 20''; and
       (3) by adding at the end the following new paragraphs:
       ``(5) Preferences.--In selecting States for participation 
     in the pilot program, the Secretary shall provide a 
     preference for any State with--
       ``(A) a high rate of usage of unemployment benefits for 
     recently separated members of the Armed Forces; or
       ``(B) a labor force or economy that has been significantly 
     impacted by a covered public health emergency.
       ``(6) Covered public health emergency defined.--In this 
     subsection, the term `covered public health emergency' 
     means--
       ``(A) the public health emergency declared by the Secretary 
     of Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to Coronavirus Disease 2019 (COVID-19); or
       ``(B) a domestic emergency declared, based on an outbreak 
     of Coronavirus Disease 2019 (COVID-19), by the President, the 
     Secretary of Homeland Security, or a State or local 
     authority.''.
       (c) Annual Report.--Subsection (e) of such section is 
     amended by adding at the end the following new sentence: 
     ``Each such report shall include information about the 
     employment outcomes of the eligible individuals who received 
     such training during the year covered by the report.''.
       (d) Conforming Repeal.--Subsection (f) of such section is 
     repealed.

     SEC. 4304. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO 
                   MEMBERS OF THE ARMED FORCES AFTER SEPARATION, 
                   RETIREMENT, OR DISCHARGE.

       (a) In General.--The Secretary of Veterans Affairs shall 
     make grants to eligible organizations for the provision of 
     transition assistance to members of the Armed Forces who are 
     separated, retired, or discharged from the Armed Forces, and 
     spouses of such members.
       (b) Use of Funds.--The recipient of a grant under this 
     section shall use the grant to provide to members of the 
     Armed Forces and spouses described in subsection (a) resume 
     assistance, interview training, job recruitment training, and 
     related services leading directly to successful transition, 
     as determined by the Secretary.
       (c) Eligible Organizations.--To be eligible for a grant 
     under this section, an organization shall submit to the 
     Secretary an application containing such information and 
     assurances as the Secretary, in consultation with the 
     Secretary of Labor, may require.
       (d) Priority.--In making grants under this section, the 
     Secretary shall give priority to an organization that--
       (1) provides multiple forms of services described in 
     subsection (b); or
       (2) is located in a State with--
       (A) a high rate of unemployment among veterans;
       (B) a high rate of usage of unemployment benefits for 
     recently separated members of the Armed Forces; or
       (C) a labor force or economy that has been significantly 
     impacted by a covered public health emergency (as such term 
     is defined in section 131(n)).
       (e) Amount of Grant.--A grant under this section shall be 
     in an amount that does not exceed 50 percent of the amount 
     required by the organization to provide the services 
     described in subsection (b).
       (f) Deadline.--The Secretary shall carry out this section 
     not later than 180 days after the date of the enactment of 
     this Act.
       (g) Termination.--The authority to provide a grant under 
     this section shall terminate on the date that is five years 
     after the date on which the Secretary implements the grant 
     program under this section.

     SEC. 4305. ONE-YEAR INDEPENDENT ASSESSMENT OF THE 
                   EFFECTIVENESS OF TRANSITION ASSISTANCE PROGRAM.

       (a) Independent Assessment.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs, in consultation with the covered officials, 
     shall enter into an agreement with an appropriate entity with 
     experience in adult education to carry out a one-year 
     independent assessment of the Transition Assistance Program 
     under sections 1142 and 1144 of title 10, United States Code 
     (TAP), including--
       (1) the effectiveness of the Transition Assistance Program 
     for members of each military department during the entire 
     military life cycle;
       (2) the appropriateness of the career readiness standards 
     of the Transition Assistance Program;
       (3) a review of information that is provided to the 
     Department of Veterans Affairs under the Transition 
     Assistance Program, including mental health data;
       (4) whether the Transition Assistance Program effectively 
     addresses the challenges veterans face entering the civilian 
     workforce and in translating experience and skills from 
     military service to the job market;
       (5) whether the Transition Assistance Program effectively 
     addresses the challenges faced by the families of veterans 
     making the transition to civilian life;
       (6) appropriate metrics regarding outcomes of the 
     Transition Assistance Program for members of the Armed Forces 
     one year after separation, retirement, or discharge from the 
     Armed Forces;
       (7) what the Secretary, in consultation with the covered 
     officials and veterans service organizations, determine to be 
     successful outcomes for the Transition Assistance Program;
       (8) whether members of the Armed Forces achieve successful 
     outcomes for the Transition Assistance Program, as determined 
     under paragraph (7);
       (9) how the Secretary and the covered officials provide 
     feedback to each other regarding such outcomes;
       (10) recommendations for the Secretaries of the military 
     departments regarding how to improve outcomes for members of 
     the Armed Forces after separation, retirement, and discharge; 
     and
       (11) other topics the Secretary and the covered officials 
     determine would aid members of the Armed Forces as they 
     transition to civilian life.
       (b) Report.--Not later than 90 days after the completion of 
     the independent assessment under subsection (a), the 
     Secretary and the covered officials shall jointly submit to 
     the appropriate committees of Congress--
       (1) the findings and recommendations (including recommended 
     legislation) of the independent assessment prepared by the 
     entity described in subsection (a); and
       (2) responses of the Secretary and the covered officials to 
     the findings and recommendations described in paragraph (1).
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) Covered officials.--The term ``covered officials'' 
     means--
       (A) the Secretary of Defense;
       (B) the Secretary of Labor;
       (C) the Administrator of the Small Business Administration; 
     and
       (D) the Secretaries of the military departments.
       (3) Military department.--The term ``military department'' 
     has the meaning given that term in section 101 of title 10, 
     United States Code.

     SEC. 4306. LONGITUDINAL STUDY ON CHANGES TO TRANSITION 
                   ASSISTANCE PROGRAM.

       (a) Study.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs, in 
     consultation with the Secretary of Defense, the Secretary of 
     Labor, and the Administrator of the Small Business 
     Administration, shall conduct a five-year longitudinal study 
     regarding the Transition Assistance Program under sections 
     1142 and 1144 of title 10, United States Code (TAP), on three 
     separate cohorts of members of the Armed Forces who have 
     separated from the Armed Forces, including--
       (1) a cohort that has attended counseling under the 
     Transition Assistance Program as implemented on the date of 
     the enactment of this Act;
       (2) a cohort that attends counseling under the Transition 
     Assistance Program after the Secretary of Defense and the 
     Secretary of Labor implement changes recommended in the 
     report under section 136(b); and
       (3) a cohort that has not attended counseling under the 
     Transition Assistance Program.
       (b) Progress Reports.--Not later than 90 days after the 
     date that is one year after the date of the initiation of the 
     study under subsection (a), and annually thereafter for the 
     three subsequent years, the Secretary of Veterans Affairs, 
     the Secretary of Defense, the Secretary of Labor, and the 
     Administrator of the Small Business Administration shall 
     jointly submit to the appropriate committees of Congress a 
     progress report of activities under the study during the 
     immediately preceding year.
       (c) Final Report.--
       (1) In general.--Not later than 180 days after the 
     completion of the study under subsection (a), the Secretary 
     of Veterans Affairs, the Secretary of Defense, the Secretary 
     of Labor, and the Administrator of the Small Business 
     Administration shall jointly submit to the appropriate 
     committees of Congress a report of final findings and 
     recommendations based on the study.
       (2) Elements.--The final report under paragraph (1) shall 
     include information regarding the following:
       (A) The percentage of each cohort that received 
     unemployment benefits during the study under subsection (a).
       (B) The numbers of months members of each cohort were 
     employed during the study.
       (C) Annual starting and ending salaries of members of each 
     cohort who were employed during the study.
       (D) How many members of each cohort enrolled in an 
     institution of higher learning, as that term is defined in 
     section 3452(f) of title 38, United States Code.
       (E) The academic credit hours, degrees, and certificates 
     obtained by members of each cohort during the study.
       (F) The annual income of members of each cohort.

[[Page S7358]]

       (G) The total household income of members of each cohort.
       (H) How many members of each cohort own their principal 
     residences.
       (I) How many dependents members of each cohort have.
       (J) The percentage of each cohort that achieves a 
     successful outcome for the Transition Assistance Program, as 
     determined under section 136(a)(7).
       (K) Other criteria the Secretaries and the Administrator of 
     the Small Business Administration determine appropriate.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the House of Representatives.

                        TITLE V--DEBORAH SAMPSON

     SEC. 5001. SHORT TITLE.

       This title may be cited as the ``Deborah Sampson Act of 
     2020''.

 Subtitle A--Improving Access for Women Veterans to the Department of 
                            Veterans Affairs

     SEC. 5101. OFFICE OF WOMEN'S HEALTH IN DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Chief Officer of Women's Health.--Subsection (a) of 
     section 7306 of title 38, United States Code, is amended--
       (1) by redesignating paragraph (10) as paragraph (11); and
       (2) by inserting after paragraph (9) the following new 
     paragraph (10):
       ``(10) The Chief Officer of Women's Health.''.
       (b) Organization of Office and Annual Reports.--
       (1) In general.--Subchapter I of chapter 73 of title 38, 
     United States Code, is amended by adding at the end of the 
     following new sections:

     ``Sec. 7310. Office of Women's Health

       ``(a) Establishment.--(1) The Under Secretary for Health 
     shall establish and operate in the Veterans Health 
     Administration the Office of Women's Health (in this section 
     referred to as the `Office').
       ``(2) The Office shall be located at the Central Office of 
     the Department of Veterans Affairs.
       ``(3)(A) The head of the Office is the Chief Officer of 
     Women's Health (in this section referred to as the `Chief 
     Officer').
       ``(B) The Chief Officer shall report to the Under Secretary 
     for Health.
       ``(4) The Under Secretary for Health shall provide the 
     Office with such staff and other support as may be necessary 
     for the Office to carry out effectively the functions of the 
     Office under this section.
       ``(5) The Under Secretary for Health may reorganize 
     existing offices within the Veterans Health Administration as 
     of the date of the enactment of this section in order to 
     avoid duplication with the functions of the Office.
       ``(b) Functions.--The functions of the Office include the 
     following:
       ``(1) To provide a central office for monitoring and 
     encouraging the activities of the Veterans Health 
     Administration with respect to the provision, evaluation, and 
     improvement of health care services provided to women 
     veterans by the Department.
       ``(2) To develop and implement standards of care for the 
     provision of health care for women veterans by the 
     Department.
       ``(3) To monitor and identify deficiencies in standards of 
     care for the provision of health care for women veterans by 
     the Department, to provide technical assistance to medical 
     facilities of the Department to address and remedy 
     deficiencies, and to perform oversight of implementation of 
     such standards of care.
       ``(4) To monitor and identify deficiencies in standards of 
     care for the provision of health care for women veterans 
     provided through the community pursuant to this title and to 
     provide recommendations to the appropriate office to address 
     and remedy any deficiencies.
       ``(5) To oversee distribution of resources and information 
     related to health programming for women veterans under this 
     title.
       ``(6) To promote the expansion and improvement of clinical, 
     research, and educational activities of the Veterans Health 
     Administration with respect to the health care of women 
     veterans.
       ``(7) To provide, as part of the annual budgeting process, 
     recommendations with respect to the amounts to be requested 
     for furnishing hospital care and medical services to women 
     veterans pursuant to chapter 17 of this title, including, at 
     a minimum, recommendations that ensure that such amounts 
     either reflect or exceed the proportion of veterans enrolled 
     in the system of patient enrollment of the Department 
     established and operated under section 1705(a) of this title 
     who are women.
       ``(8) To provide recommendations to the Under Secretary for 
     Health with respect to modifying the Veterans Equitable 
     Resource Allocation system, or successor system, to ensure 
     that resource allocations under such system, or successor 
     system, reflect the health care needs of women veterans.
       ``(9) To carry out such other duties as the Under Secretary 
     for Health may require.
       ``(c) Recommendations.--(1) If the Under Secretary for 
     Health determines not to implement any recommendation made by 
     the Chief Officer with respect to the allocation of resources 
     to address the health care needs of women veterans, the 
     Secretary shall notify the appropriate congressional 
     committees of such determination by not later than 30 days 
     after the date on which the Under Secretary for Health 
     receives the recommendation.
       ``(2) Each notification under paragraph (1) relating to a 
     determination with respect to a recommendation shall include 
     the following:
       ``(A) The reasoning of the Under Secretary for Health in 
     making the determination.
       ``(B) An alternative, if one is selected, to the 
     recommendation that the Under Secretary for Health will carry 
     out to fulfill the health care needs of women veterans.
       ``(d) Standards of Care.--For purposes of carrying out the 
     functions of the Office under this section, the standards of 
     care for the provision of health care for women veterans from 
     the Department shall include, at a minimum, the following:
       ``(1) A requirement for--
       ``(A) at least one designated women's health primary care 
     provider at each medical center of the Department whose 
     duties include, to the extent practicable, providing training 
     to other health care providers of the Department with respect 
     to the needs of women veterans; and
       ``(B) at least one designated women's health primary care 
     provider at each community-based outpatient clinic of the 
     Department who may serve women patients as a percentage of 
     the total duties of the provider.
       ``(2) Other requirements as determined by the Under 
     Secretary for Health.
       ``(e) Outreach.--The Chief Officer shall ensure that--
       ``(1) not less frequently than biannually, each medical 
     facility of the Department holds a public forum for women 
     veterans that occurs outside of regular business hours; and
       ``(2) not less frequently than quarterly, each medical 
     facility of the Department convenes a focus group of women 
     veterans that includes a discussion of harassment occurring 
     at such facility.
       ``(f) Definitions.--In this section:
       ``(1) The term `appropriate congressional committees' has 
     the meaning given that term in section 7310A(h) of this 
     title.
       ``(2) The term `facility of the Department' has the meaning 
     given the term `facilities of the Department' in section 
     1701(3) of this title.
       ``(3) The term `Veterans Equitable Resource Allocation 
     system' means the resource allocation system established 
     pursuant to section 429 of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1997 (Public Law 104-204; 110 
     Stat. 2929).

     ``Sec. 7310A. Annual reports on women's health

       ``(a) Annual Reports.--Not later than December 1 of each 
     year, the Chief Officer of Women's Health shall submit to the 
     appropriate congressional committees a report containing the 
     matters under subsections (b) through (g).
       ``(b) Office of Women's Health.--Each report under 
     subsection (a) shall include a description of--
       ``(1) actions taken by the Office of Women's Health 
     established under section 7310 of this title in the preceding 
     fiscal year to improve the provision of health care by the 
     Department to women veterans;
       ``(2) any identified deficiencies related to the provision 
     of health care by the Department to women veterans and the 
     standards of care established in such section and the plan of 
     the Department to address such deficiencies;
       ``(3) the funding and personnel provided to the Office and 
     whether additional funding or personnel are needed to meet 
     the requirements of such section; and
       ``(4) other information that would be of interest to the 
     appropriate congressional committees with respect to 
     oversight of the provision of health care by the Department 
     to women veterans.
       ``(c) Access to Gender-specific Services.--(1) Each report 
     under subsection (a) shall include an analysis of the access 
     of women veterans to gender-specific services under 
     contracts, agreements, or other arrangements with non-
     Department medical providers entered into by the Secretary 
     for the provision of hospital care or medical services to 
     veterans.
       ``(2) The analysis under paragraph (1) shall include data 
     and performance measures for the availability of gender-
     specific services described in such paragraph, including--
       ``(A) the average wait time between the preferred 
     appointment date of the veteran and the date on which the 
     appointment is completed;
       ``(B) the average driving time required for veterans to 
     attend appointments; and
       ``(C) reasons why appointments could not be scheduled with 
     non-Department medical providers.
       ``(d) Models of Care.--(1) Each report under subsection (a) 
     shall include an analysis of the use by the Department of 
     general primary care clinics, separate but shared spaces, and 
     women's health centers as delivery of care models for women 
     veterans.
       ``(2) The analysis under paragraph (1) shall include the 
     following:
       ``(A) The number of facilities of the Department that fall 
     into each delivery of care model described in such paragraph, 
     disaggregated by Veterans Integrated Service Network and 
     State.

[[Page S7359]]

       ``(B) A description of the criteria used by the Department 
     to determine which such model is most appropriate for each 
     facility of the Department.
       ``(C) An assessment of how the Department decides to make 
     investments to modify facilities to a different model.
       ``(D) A description of what, if any, plans the Department 
     has to modify facilities from general primary care clinics to 
     another model.
       ``(E) An assessment of whether any facilities could be 
     modified to a separate but shared space for a women's health 
     center within planned investments under the strategic capital 
     investment planning process of the Department.
       ``(F) An assessment of whether any facilities could be 
     modified to a separate or shared space or a women's health 
     center with minor modifications to existing plans under the 
     strategic capital investment planning process of the 
     Department.
       ``(G) An assessment of whether the Department has a goal 
     for how many facilities should fall into each such model.
       ``(e) Staffing.--Each report under subsection (a) shall 
     include an analysis of the staffing of the Department 
     relating to the treatment of women, including the following, 
     disaggregated by Veterans Integrated Service Network and 
     State (except with respect to paragraph (4)):
       ``(1) The number of women's health centers.
       ``(2) The number of patient aligned care teams of the 
     Department relating to women's health.
       ``(3) The number of full- and part-time gynecologists of 
     the Department.
       ``(4) The number of designated women's health care 
     providers of the Department, disaggregated by facility of the 
     Department.
       ``(5) The number of health care providers of the Department 
     who have completed a mini-residency for women's health care 
     through the Women Veterans Health Care Mini-Residency Program 
     of the Department during the one-year period preceding the 
     submittal of the report and the number of mini-residency 
     training slots for such program that are available during the 
     one-year period following such date.
       ``(6) The number of designated women's health care 
     providers of the Department who have sufficient women patient 
     loads or case complexities to retain their competencies and 
     proficiencies.
       ``(f) Accessibility and Treatment Options.--Each report 
     under subsection (a) shall include an analysis of the 
     accessibility and treatment options for women veterans, 
     including the following:
       ``(1) An assessment of wheelchair accessibility of women's 
     health centers of the Department, including, with respect to 
     each such center, an assessment of accessibility for each 
     kind of treatment provided at the center, including with 
     respect to radiology and mammography, that addresses all 
     relevant factors, including door sizes, hoists, and 
     equipment.
       ``(2) The options for women veterans to access mental 
     health providers and primary care providers who are women.
       ``(3) The options for women veterans at medical facilities 
     of the Department with respect to clothing sizes, including 
     for gowns, drawstring pants, and pajamas.
       ``(g) Definitions.--In this section:
       ``(1) The term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the Senate; and
       ``(B) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the House of Representatives.
       ``(2) The term `gender-specific services' means 
     mammography, obstetric care, gynecological care, and such 
     other services as the Secretary determines appropriate.''.
       (2) References to health care and services.--The references 
     to health care and the references to services in sections 
     7310 and 7310A of title 38, United States Code, as added by 
     paragraph (1), are references to the health care and services 
     included in the medical benefits package provided by the 
     Department as in effect on the day before the date of the 
     enactment of this Act.
       (3) Clerical amendment.--The table of sections for such 
     chapter is amended by inserting after the item relating to 
     section 7309A the following new items:

``7310. Office of Women's Health.
``7310A. Annual reports on women's health.''.
       (c) Initial Report.--The Chief Officer of Women's Health of 
     the Department of Veterans Affairs shall submit the initial 
     report under section 7310A of title 38, United States Code, 
     as added by subsection (b), by not later than one year after 
     the date of the enactment of this Act.

     SEC. 5102. WOMEN VETERANS RETROFIT INITIATIVE.

       (a) In General.--The Secretary of Veterans Affairs shall 
     prioritize the retrofitting of existing medical facilities of 
     the Department of Veterans Affairs with fixtures, materials, 
     and other outfitting measures to support the provision of 
     care to women veterans at such facilities.
       (b) Plan.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress, the Committee on Veterans' Affairs of the Senate, 
     and the Committee on Veterans' Affairs of the House of 
     Representatives a plan to address deficiencies in environment 
     of care for women veterans at medical facilities of the 
     Department.
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) An explanation of the specific environment of care 
     deficiencies that need correcting.
       (B) An assessment of how the Secretary prioritizes 
     retrofitting existing medical facilities to support provision 
     of care to women veterans in comparison to other 
     requirements.
       (C) A five-year strategic plan and cost projection for 
     retrofitting medical facilities of the Department to support 
     the provision of care to women veterans as required under 
     subsection (a).
       (c) Authorization of Appropriations.--Subject to 
     appropriations and the plan under (b), there is authorized to 
     be appropriated to the Secretary $20,000,000 to carry out 
     subsection (a) in addition to amounts otherwise made 
     available to the Secretary for the purposes set forth in such 
     subsection.

     SEC. 5103. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS AND 
                   INSPECTIONS AT DEPARTMENT OF VETERANS AFFAIRS 
                   MEDICAL CENTERS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     establish a policy under which the environment of care 
     standards and inspections at medical centers of the 
     Department of Veterans Affairs include--
       (1) an alignment of the requirements for such standards and 
     inspections with the women's health handbook of the Veterans 
     Health Administration;
       (2) a requirement for the frequency of such inspections;
       (3) delineation of the roles and responsibilities of staff 
     at each medical center who are responsible for compliance;
       (4) the requirement that each medical center submit to the 
     Secretary and make publicly available a report on the 
     compliance of the medical center with the standards; and
       (5) a remediation plan.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report certifying in writing that the 
     policy required by subsection (a) has been finalized and 
     disseminated to all medical centers of the Department.

     SEC. 5104. PROVISION OF REINTEGRATION AND READJUSTMENT 
                   SERVICES TO VETERANS AND FAMILY MEMBERS IN 
                   GROUP RETREAT SETTINGS.

       (a) In General.--Section 1712A of title 38, United States 
     Code, is amended--
       (1) in subsection (a)(1)(B)--
       (A) in clause (ii), by redesignating subclauses (I) and 
     (II) as items (aa) and (bb);
       (B) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II);
       (C) in the matter preceding subclause (I), as redesignated 
     by subparagraph (B), by striking ``Counseling'' and inserting 
     ``(i) Counseling''; and
       (D) by adding at the end the following new clause:
       ``(ii)(I) Except as provided in subclauses (IV) and (V), 
     counseling furnished to an individual under subparagraph (A) 
     may include reintegration and readjustment services described 
     in subclause (II) furnished in group retreat settings.
       ``(II) Reintegration and readjustment services described in 
     this subclause are the following:
       ``(aa) Information on reintegration of the individual into 
     family, employment, and community.
       ``(bb) Financial counseling.
       ``(cc) Occupational counseling.
       ``(dd) Information and counseling on stress reduction.
       ``(ee) Information and counseling on conflict resolution.
       ``(ff) Such other information and counseling as the 
     Secretary considers appropriate to assist the individual in 
     reintegration into family, employment, and community.
       ``(III) In furnishing reintegration and readjustment 
     services under subclause (I), the Secretary shall offer women 
     the opportunity to receive such services in group retreat 
     settings in which the only participants are women.
       ``(IV) An individual described in subparagraph (C)(v) may 
     receive reintegration and readjustment services under 
     subclause (I) of this clause only if the individual receives 
     such services with a family member described in subclause (I) 
     or (II) of such subparagraph.
       ``(V) In each of fiscal years 2021 through 2025, the 
     maximum number of individuals to whom integration and 
     readjustment services may be furnished in group retreat 
     settings under this subclause (I) shall not exceed 1,200 
     individuals.''.
       (b) Request for Services.--Subsection (a)(2) of such 
     section is amended--
       (1) by striking ``Upon'' and inserting ``(A) Upon'';
       (2) by striking ``paragraph (1)(B)'' and inserting 
     ``paragraph (1)(B)(i)''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Upon the request of an individual described in 
     paragraph (1)(C), the Secretary shall furnish the individual 
     reintegration and readjustment services in group retreat 
     settings under paragraph (1)(B)(ii) if the Secretary 
     determines the experience will be therapeutically 
     appropriate.''.

     SEC. 5105. PROVISION OF LEGAL SERVICES FOR WOMEN VETERANS.

       (a) Agreement Required.--The Secretary of Veterans Affairs 
     shall enter into one or

[[Page S7360]]

     more agreements with public or private entities to provide 
     legal services to women veterans.
       (b) Focus.--The focus of an agreement entered into under 
     subsection (a) shall be to address the following unmet needs 
     of women veterans as set forth in the most recently completed 
     Community Homelessness Assessment, Local Education and 
     Networking Groups for Veterans (CHALENG for Veterans) survey:
       (1) Child support.
       (2) Prevention of eviction and foreclosure.
       (3) Discharge upgrades.
       (4) Financial guardianship.
       (5) Credit counseling.
       (6) Family reconciliation assistance.

     SEC. 5106. COMPTROLLER GENERAL SURVEYS AND REPORT ON 
                   SUPPORTIVE SERVICES PROVIDED FOR VERY LOW-
                   INCOME WOMEN VETERANS.

       (a) Surveys.--
       (1) Survey of women veterans.--The Comptroller General of 
     the United States shall survey women veterans who have 
     received or are receiving supportive services provided under 
     section 2044 of title 38, United States Code, to determine 
     satisfaction with the ability of such services to meet the 
     specific needs of such veterans.
       (2) Survey of eligible entities.--The Comptroller General 
     shall survey eligible entities receiving financial assistance 
     under such section and other partners of the Department of 
     Veterans Affairs, including veterans service organizations 
     and the National Coalition of Homeless Veterans, on the view 
     of such entities and partners regarding--
       (A) whether the Department is meeting the needs of women 
     veterans through the provision of supportive services under 
     such section; and
       (B) any additional supportive services that may be required 
     to meet such needs.
       (b) Report.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a report on the efforts of 
     the Department of Veterans Affairs to provide supportive 
     services to women veterans under section 2044 of title 38, 
     United States.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A review of how the Department determines which 
     categories of supportive services would be beneficial to 
     women veterans who receive services under such section.
       (B) A description of the challenges women veterans who have 
     children face in accessing supportive services under such 
     section, including with respect to accessing--
       (i) homeless shelters with their children;
       (ii) homeless shelters that have restrictions on male 
     children; and
       (iii) affordable child care.
       (C) A description of how the Department identifies eligible 
     entities under such section that can provide supportive 
     services to meet the needs of women veterans, including 
     eligible entities with experience in--
       (i) intimate partner violence;
       (ii) legal matters pertaining especially to women veterans, 
     including temporary restraining orders and child care orders;
       (iii) supportive services for children; and
       (iv) the evaluation of which categories of services would 
     be beneficial to women veterans who receive such services 
     under such section.
       (D) A description of how much the Department spends, from 
     funds appropriated to carry out such section and funds 
     provided under the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136), on supportive services 
     specifically for women veterans, and in particular, on the 
     services described in subparagraph (A).
       (E) The results of the surveys conducted under subsection 
     (a).
       (F) A review of the resources and programming offered to 
     woman veterans under such section.
       (G) An assessment of such other areas as the Comptroller 
     General considers appropriate.

     SEC. 5107. PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN 
                   VETERANS.

       (a) Assistance for Child Care for Certain Veterans 
     Receiving Health Care.--
       (1) In general.--Subchapter I of chapter 17 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1709C. Assistance for child care for certain veterans 
       receiving health care

       ``(a) Program Required.--The Secretary shall carry out a 
     program to provide, subject to subsection (b), assistance to 
     qualified veterans described in subsection (c) to obtain 
     child care so that such veterans can receive health care 
     services described in subsection (c)(2).
       ``(b) Limitation on Period of Payments.--Assistance may be 
     provided to a qualified veteran under this section for 
     receipt of child care only during the period that the 
     qualified veteran--
       ``(1) receives the types of health care services described 
     in subsection (c)(2) at a facility of the Department; and
       ``(2) requires travel to and return from such facility for 
     the receipt of such health care services.
       ``(c) Qualified Veterans.--For purposes of this section, a 
     qualified veteran is a veteran who--
       ``(1) is the primary caretaker of a child or children; and
       ``(2)(A) receives from the Department--
       ``(i) regular mental health care services;
       ``(ii) intensive mental health care services; or
       ``(iii) such other intensive health care services that the 
     Secretary determines that provision of assistance to the 
     veteran to obtain child care would improve access to such 
     health care services by the veteran; or
       ``(B) is in need of regular or intensive mental health care 
     services from the Department, and but for lack of child care 
     services, would receive such health care services from the 
     Department.
       ``(d) Locations.--Not later than five years after the date 
     of the enactment of the Deborah Sampson Act of 2020, the 
     Secretary shall carry out the program at each medical center 
     of the Department.
       ``(e) Forms of Child Care Assistance.--(1) Child care 
     assistance under this section may include the following:
       ``(A) Stipends for the payment of child care offered by a 
     licensed child care center (either directly or through a 
     voucher program) that shall be, to the extent practicable, 
     modeled after the Department of Veterans Affairs Child Care 
     Subsidy Program established pursuant to section 630 of the 
     Treasury and General Government Appropriations Act, 2002 
     (Public Law 107-67; 115 Stat. 552).
       ``(B) Direct provision of child care at an on-site facility 
     of the Department.
       ``(C) Payments to private child care agencies.
       ``(D) Collaboration with facilities or programs of other 
     Federal agencies.
       ``(E) Such other forms of assistance as the Secretary 
     considers appropriate.
       ``(2) In providing child care assistance under this 
     section, the child care needs of the local area shall be 
     considered and the head of each medical center may select the 
     type of care that is most appropriate or feasible for such 
     medical center.
       ``(3) In the case that child care assistance under this 
     section is provided as a stipend under paragraph (1)(A), such 
     stipend shall cover the full cost of such child care.''.
       (2) Conforming amendment.--Section 205(e) of the Caregivers 
     and Veterans Omnibus Health Services Act of 2010 (Public Law 
     111-163; 38 U.S.C. 1710 note) is amended by striking 
     ``September 30, 2020'' and inserting ``the date of the 
     enactment of the Deborah Sampson Act of 2020''.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1709B the following new 
     item:

``1709C. Assistance for child care for certain veterans receiving 
              health care,''.
       (b) Pilot Program on Assistance for Child Care for Certain 
     Veterans Receiving Readjustment Counseling and Related Mental 
     Health Services.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out a pilot program to assess the feasibility and 
     advisability of providing, subject to paragraph (2), 
     assistance to qualified veterans described in paragraph (3) 
     to obtain child care so that such veterans can receive 
     readjustment counseling and related mental health services.
       (2) Limitation on period of payments.--Assistance may be 
     provided to a qualified veteran under the pilot program for 
     receipt of child care only during the period that the 
     qualified veteran receives readjustment counseling and 
     related health care services at a Vet Center.
       (3) Qualified veterans.--For purposes of this subsection, a 
     qualified veteran is a veteran who--
       (A) is the primary caretaker of a child or children; and
       (B)(i) receives from the Department regular readjustment 
     counseling and related mental health services; or
       (ii) is in need of regular readjustment counseling and 
     related mental health services from the Department, and but 
     for lack of child care services, would receive such 
     counseling and services from the Department.
       (4) Locations.--The Secretary shall carry out the pilot 
     program in not fewer than three Readjustment Counseling 
     Service Regions selected by the Secretary for purposes of the 
     pilot program.
       (5) Forms of child care assistance.--
       (A) In general.--Child care assistance under the pilot 
     program may include the following:
       (i) Stipends for the payment of child care offered by a 
     licensed child care center (either directly or through a 
     voucher program) that shall be, to the extent practicable, 
     modeled after the Department of Veterans Affairs Child Care 
     Subsidy Program established pursuant to section 630 of the 
     Treasury and General Government Appropriations Act, 2002 
     (Public Law 107-67; 115 Stat. 552).
       (ii) Payments to private child care agencies.
       (iii) Collaboration with facilities or programs of other 
     Federal agencies.
       (iv) Such other forms of assistance as the Secretary 
     considers appropriate.
       (B) Local area.--In providing child care assistance under 
     the pilot program, the child care needs of the local area 
     shall be considered and the head of each Vet Center may 
     select the type of care that is most appropriate or feasible 
     for such Vet Center.
       (C) Use of stipend.--In the case that child care assistance 
     under the pilot program is provided as a stipend under 
     subparagraph

[[Page S7361]]

     (A)(i), such stipend shall cover the full cost of such child 
     care.
       (6) Duration.--The pilot program shall be carried out 
     during the two-year period beginning on the date of the 
     commencement of the pilot program.
       (7) Report.--
       (A) In general.--Not later than 180 days after the 
     completion of the pilot program, the Secretary shall submit 
     to Congress a report on the pilot program.
       (B) Elements.--The report required by subparagraph (A) 
     shall include the findings and conclusions of the Secretary 
     regarding the pilot program, and shall include such 
     recommendations for the continuation or expansion of the 
     pilot program as the Secretary considers appropriate.
       (8) Vet center defined.--In this subsection, the term ``Vet 
     Center'' has the meaning given that term in section 1712A(h) 
     of title 38, United States Code.

     SEC. 5108. AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS 
                   FROM DEPARTMENT OF VETERANS AFFAIRS.

       (a) Access at Each Medical Facility.--Section 1714(a) of 
     title 38, United States Code, is amended--
       (1) by striking ``(a) Any veteran'' and inserting ``(a)(1) 
     Any veteran''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In furnishing prosthetic appliances under paragraph 
     (1), the Secretary shall ensure women veterans are able to 
     access clinically appropriate prosthetic appliances through 
     each medical facility of the Department.''.
       (b) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the availability from the 
     Department of Veterans Affairs of prosthetics made for women 
     veterans, including an assessment of the availability of such 
     prosthetics at medical facilities of the Department.
       (2) Elements.--The report required by paragraph (1) shall 
     include--
       (A) a list of all devices classified by the Department as 
     prosthetic devices, including a breakdown of whether a device 
     is considered gender-neutral or gender-specific;
       (B) for gender-neutral devices, a breakdown of sizing;
       (C) the average time it takes for a woman veteran to 
     receive a prosthetic device after it is prescribed, 
     disaggregated by Veterans Integrated Service Network and 
     medical center of the Department;
       (D) the total number of women veterans utilizing the 
     Department for prosthetic services, disaggregated by facility 
     of the Department;
       (E) an assessment of efforts by the Department on research, 
     development, and employment of additive manufacture 
     technology (commonly referred to as 3D printing) to provide 
     prosthetic items for women veterans;
       (F) the results of a survey with a representative sample of 
     not fewer than 50,000 veterans (of which women shall be 
     overrepresented) in an amputee care program on satisfaction 
     with prosthetics furnished or procured by the Department that 
     replace appendages or their function; and
       (G) such other information as the Secretary considers 
     appropriate.

     SEC. 5109. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS 
                   AFFAIRS WOMEN VETERANS CALL CENTER.

       The Secretary of Veterans Affairs shall enhance the 
     capabilities of the women veterans call center of the 
     Department of Veterans Affairs to respond to requests by 
     women veterans for assistance with accessing health care and 
     benefits furnished under the laws administered by the 
     Secretary.

     SEC. 5110. STUDY ON INFERTILITY SERVICES FURNISHED AT 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Study Required.--The Secretary of Veterans Affairs 
     shall conduct a study on the infertility services offerings 
     at the Department of Veterans Affairs.
       (b) Elements.--The study conducted under subsection (a) 
     shall include the following:
       (1) An assessment of the following:
       (A) The availability of infertility services at facilities 
     of the Department and through laws administered by the 
     Secretary for the provision of non-Department care.
       (B) The demand for such services from eligible individuals.
       (2) Identification of potential challenges in accessing 
     infertility services for eligible individuals.
       (3) An analysis of Department resources for the furnishing 
     of infertility services, including analysis of Department 
     workforce and non-Department providers.
       (4) Development of recommendations for the improvement of 
     infertility services under laws administered by the Secretary 
     to improve eligible individuals' access, delivery of 
     services, and health outcomes.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on the study conducted under 
     subsection (a).
       (d) Eligible Individual Defined.--In this section, the term 
     ``eligible individual'' means an individual who is a veteran 
     who is eligible for and enrolled in the health care system of 
     the Department under section 1705(a) of title 38, United 
     States Code.

     SEC. 5111. SENSE OF CONGRESS ON ACCESS TO FACILITIES OF 
                   DEPARTMENT OF VETERANS AFFAIRS BY RESERVISTS 
                   FOR COUNSELING AND TREATMENT RELATING TO 
                   MILITARY SEXUAL TRAUMA.

       (a) In General.--It is the sense of Congress that members 
     of the reserve components of the Armed Forces, including 
     members of the National Guard, should be able to access all 
     health care facilities of the Department of Veterans Affairs, 
     not just Vet Centers, to receive counseling and treatment 
     relating to military sexual trauma.
       (b) Definitions.--In this section:
       (1) Military sexual trauma.--The term ``military sexual 
     trauma'' has the meaning given such term in section 1164(c) 
     of title 38, United States Code, as added by section 5501(a) 
     of this title.
       (2) Vet center.--The term ``Vet Center'' has the meaning 
     given that term in section 1712A(h) of such title.

            Subtitle B--Increasing Staff Cultural Competency

     SEC. 5201. STAFFING OF WOMEN'S HEALTH PRIMARY CARE PROVIDERS 
                   AT MEDICAL FACILITIES OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       The Secretary of Veterans Affairs shall ensure that each 
     medical facility of the Department of Veterans Affairs has 
     not fewer than one full-time or part-time women's health 
     primary care provider whose duties include, to the extent 
     possible, providing training to other health care providers 
     of the Department on the needs of women veterans.

     SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY CARE AND EMERGENCY 
                   CARE CLINICIANS IN WOMEN VETERANS HEALTH CARE 
                   MINI-RESIDENCY PROGRAM.

       (a) In General.--There is authorized to be appropriated to 
     the Secretary of Veterans Affairs $1,000,000 for each fiscal 
     years 2021 through 2025 to provide opportunities for 
     participation in the Women Veterans Health Care Mini-
     Residency Program of the Department of Veterans Affairs for 
     primary care and emergency care clinicians.
       (b) Treatment of Amounts.--The amounts authorized to be 
     appropriated under subsection (a) shall be in addition to 
     amounts otherwise made available to the Secretary for the 
     purposes set forth in such subsection.

     SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN TRAINING MODULE FOR 
                   NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE 
                   PROVIDERS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish and make available to community providers a 
     training module that is specific to women veterans.
       (b) Training Materials Provided.--Under the training module 
     established and made available to community providers under 
     subsection (a), the Secretary shall provide to community 
     providers the same training materials relating to treatment 
     of women veterans that is provided to health care providers 
     of the Department of Veterans Affairs to ensure that all 
     health care providers treating women veterans have access to 
     the same materials to support competency throughout the 
     community.
       (c) Administration of Training Module.--The Secretary shall 
     administer the training module established under subsection 
     (a) to community providers through an internet website of the 
     Department.
       (d) Annual Report.--Not later than one year after the 
     establishment of the training module under subsection (a), 
     and annually thereafter, the Secretary shall submit to 
     Congress a report on--
       (1) the utilization by community providers of the training 
     module; and
       (2) the effectiveness of the training module.
       (e) Definitions.--In this section:
       (1) Community provider.--The term ``community provider'' 
     means a non-Department of Veterans Affairs health care 
     provider who provides preauthorized health care to veterans 
     under the laws administered by the Secretary of Veterans 
     Affairs.
       (2) Preauthorized health care.--The term ``preauthorized 
     health care'' means health care provided to a veteran that is 
     authorized by the Secretary before being provided.

     SEC. 5204. STUDY ON STAFFING OF WOMEN VETERAN PROGRAM MANAGER 
                   PROGRAM AT MEDICAL CENTERS OF DEPARTMENT OF 
                   VETERANS AFFAIRS AND TRAINING OF STAFF.

       (a) Study.--The Secretary of Veterans Affairs shall conduct 
     a study on the use of the Women Veteran Program Manager 
     program of the Department of Veterans Affairs to determine--
       (1) if the program is appropriately staffed at each medical 
     center of the Department;
       (2) whether each medical center of the Department is 
     staffed with a Women Veteran Program Manager; and
       (3) whether it would be feasible and advisable to have a 
     Women Veteran Program Ombudsman at each medical center of the 
     Department.
       (b) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on the study conducted under 
     subsection (a).
       (c) Training.--The Secretary shall ensure that all Women 
     Veteran Program Managers and Women Veteran Program Ombudsmen

[[Page S7362]]

     receive the proper training to carry out their duties.

     SEC. 5205. STUDY ON WOMEN VETERAN COORDINATOR PROGRAM.

       (a) Study and Report Required.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall--
       (1) complete a study on the Women Veteran Coordinator 
     program of the Veterans Benefits Administration of the 
     Department of Veterans Affairs; and
       (2) submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the findings of the Secretary 
     with respect to the study completed under paragraph (1).
       (b) Elements.--The study required by subsection (a)(1) 
     shall identify the following:
       (1) If the program described in such subsection is 
     appropriately staffed at each regional benefits office of the 
     Department.
       (2) Whether each regional benefits office of the Department 
     is staffed with a Women Veteran Coordinator.
       (3) The position description of the Women Veteran 
     Coordinator.
       (4) Whether an individual serving in the Women Veteran 
     Coordinator position concurrently serves in any other 
     position, and if so, the allocation of time the individual 
     spends in each such position.
       (5) A description of the metrics the Secretary uses to 
     determine the job performance and effectiveness of the Women 
     Veteran Coordinator.

     SEC. 5206. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS OF 
                   DEPARTMENT OF VETERANS AFFAIRS WHO ARE WOMEN.

       (a) Assessment of Capacity.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs, 
     in consultation with the Inspector General of the Department 
     of Veterans Affairs, shall commence an assessment of the 
     capacity of peer specialists of the Department of Veterans 
     Affairs who are women.
       (2) Elements.--The assessment required by paragraph (1) 
     shall include an assessment of the following:
       (A) The geographical distribution of peer specialists of 
     the Department who are women.
       (B) The geographical distribution of women veterans.
       (C) The number and proportion of women peer specialists who 
     specialize in peer counseling on mental health or suicide 
     prevention.
       (D) The number and proportion of women peer specialists who 
     specialize in peer counseling on non-mental health related 
     matters.
       (b) Report.--Not later than one year after the assessment 
     required by subsection (a) has commenced, the Secretary shall 
     submit to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives a report detailing the findings of the 
     assessment.
       (c) Staffing Improvement Plan.--
       (1) In general.--Not later than 180 days after submitting 
     the report under subsection (b), the Secretary, in 
     consultation with the Inspector General, shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a plan, based on the results of the 
     assessment required by subsection (a), to hire additional 
     qualified peer specialists who are women, with special 
     consideration for areas that lack peer specialists who are 
     women.
       (2) Elements.--The peer specialist positions included in 
     the plan required by paragraph (1)--
       (A) shall be non-volunteer, paid positions; and
       (B) may be part-time positions.

             Subtitle C--Eliminating Harassment and Assault

     SEC. 5301. EXPANSION OF COVERAGE BY DEPARTMENT OF VETERANS 
                   AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL 
                   TRAUMA.

       (a) Expansion of Eligibility for Counseling and 
     Treatment.--Section 1720D of title 38, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``active duty, active 
     duty for training, or inactive duty training'' and inserting 
     ``duty, regardless of duty status or line of duty 
     determination (as that term is used in section 12323 of title 
     10)''; and
       (B) in paragraph (2)(A), by striking ``active duty, active 
     duty for training, or inactive duty training'' and inserting 
     ``duty, regardless of duty status or line of duty 
     determination (as that term is used in section 12323 of title 
     10)'';
       (2) by striking ``veteran'' each place it appears and 
     inserting ``former member of the Armed Forces'';
       (3) by striking ``veterans'' each place it appears and 
     inserting ``former members of the Armed Forces''; and
       (4) by adding at the end the following new subsection:
       ``(g) In this section, the term `former member of the Armed 
     Forces' includes the following:
       ``(1) A veteran.
       ``(2) An individual described in section 1720I(b) of this 
     title.''.
       (b) Inclusion of Treatment for Physical Health 
     Conditions.--Such section is further amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``, to include care for physical health 
     conditions, as appropriate,'' after ``counseling and 
     appropriate care and services'';
       (ii) by striking ``overcome psychological trauma'' and 
     inserting ``treat a condition''; and
       (iii) by striking ``mental health professional'' and 
     inserting ``health care professional''; and
       (B) in paragraph (2)(A), by striking ``overcome 
     psychological trauma'' and inserting ``treat a condition''; 
     and
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``and other health care 
     professionals'' after ``mental health professionals''; and
       (B) in paragraph (2)(A), by inserting ``and other health 
     care professionals'' after ``mental health professionals''.

     SEC. 5302. ASSESSMENT OF EFFECTS OF INTIMATE PARTNER VIOLENCE 
                   ON WOMEN VETERANS BY ADVISORY COMMITTEE ON 
                   WOMEN VETERANS.

       Section 542(c)(1) of title 38, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) an assessment of the effects of intimate partner 
     violence on women veterans; and''.

     SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL ASSAULT POLICY OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Subchapter II of chapter 5 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 533. Anti-harassment and anti-sexual assault policy

       ``(a) Establishment.--(1) The Secretary, acting through the 
     Office of Assault and Prevention of the Veterans Health 
     Administration, shall establish a comprehensive policy to end 
     harassment and sexual assault, including sexual harassment 
     and gender-based harassment, throughout the Department.
       ``(2) The policy required by paragraph (1) shall include 
     the following:
       ``(A) A process for employees and contractors of the 
     Department to respond to reported incidents of harassment and 
     sexual assault committed by any non-Department individual 
     within a facility of the Department, including with respect 
     to accountability or disciplinary measures.
       ``(B) A process for employees and contractors of the 
     Department to respond to reported incidents of harassment and 
     sexual assault of any non-Department individual within a 
     facility of the Department.
       ``(C) A process for any non-Department individual to report 
     harassment and sexual assault described in subparagraph (A), 
     including an option for confidential reporting, and for the 
     Secretary to respond to and address such reports.
       ``(D) Clear mechanisms for non-Department individuals to 
     readily identify to whom and how to report incidents of 
     harassment and sexual assault committed by another non-
     Department individual.
       ``(E) Clear mechanisms for employees and contractors of the 
     Department to readily identify to whom and how to report 
     incidents of harassment and sexual assault and how to refer 
     non-Department individuals with respect to reporting an 
     incident of harassment or sexual assault.
       ``(F) A process for, and mandatory reporting requirement 
     applicable to, any employee or contractor of the Department 
     who witnesses harassment or sexual assault described in 
     subparagraph (A) or (B) within a facility of the Department, 
     regardless of whether the individual affected by such 
     harassment or sexual assault wants to report such harassment 
     or sexual assault.
       ``(G) The actions possible, including disciplinary actions, 
     for employees or contractors of the Department who fail to 
     report incidents of harassment and sexual assault described 
     in subparagraph (A) or (B) that the employees or contractors 
     witness.
       ``(H) On an annual or more frequent basis, mandatory 
     training for employees and contractors of the Department 
     regarding how to report and address harassment and sexual 
     assault described in subparagraphs (A) and (B), including 
     bystander intervention training.
       ``(I) On an annual or more frequent basis, the distribution 
     of the policy under this subsection and anti-harassment and 
     anti-sexual assault educational materials by mail or email to 
     each individual receiving a benefit under a law administered 
     by the Secretary.
       ``(J) The prominent display of anti-harassment and anti-
     sexual assault messages in each facility of the Department, 
     including how non-Department individuals may report 
     harassment and sexual assault described in subparagraphs (A) 
     and (B) at such facility and the points of contact under 
     subsection (b).
       ``(K) The posting on internet websites of the Department, 
     including the main internet website regarding benefits of the 
     Department and the main internet website regarding health 
     care of the Department, of anti-harassment and anti-sexual 
     assault banners specifically addressing harassment and sexual 
     assault described in subparagraphs (A) and (B).

[[Page S7363]]

       ``(b) Points of Contact.--The Secretary shall designate, as 
     a point of contact to receive reports of harassment and 
     sexual assault described in subparagraphs (A) and (B) of 
     subsection (a)(2)--
       ``(1) at least one individual, in addition to law 
     enforcement, at each facility of the Department (including 
     Vet Centers under section 1712A of this title), with regard 
     to that facility;
       ``(2) at least one individual employed in each Veterans 
     Integrated Service Network, with regard to facilities in that 
     Veterans Integrated Service Network;
       ``(3) at least one individual employed in each regional 
     benefits office;
       ``(4) at least one individual employed at each location of 
     the National Cemetery Administration; and
       ``(5) at least one individual employed at the Central 
     Office of the Department to track reports of such harassment 
     and sexual assault across the Department, disaggregated by 
     facility.
       ``(c) Accountability.--(1) The Secretary shall establish a 
     policy to ensure that each facility of the Department and 
     each director of a Veterans Integrated Service Network is 
     responsible for addressing harassment and sexual assault at 
     the facility and the Network.
       ``(2) The policy required by paragraph (1) shall include--
       ``(A) a remediation plan for facilities that experience 
     five or more incidents of sexual harassment, sexual assault, 
     or combination thereof, during any single fiscal year; and
       ``(B) taking appropriate actions under chapter 7 or 
     subchapter V of chapter 74 of this title.
       ``(d) Data.--The Secretary shall ensure that the in-take 
     process for veterans at medical facilities of the Department 
     includes a survey to collect the following information:
       ``(1) Whether the veteran feels safe at the facility and 
     whether any events occurred at the facility that affect such 
     feeling.
       ``(2) Whether the veteran wants to be contacted later by 
     the Department with respect to such safety issues.
       ``(e) Working Group.--(1) The Secretary shall establish a 
     working group to assist the Secretary in implementing 
     policies to carry out this section.
       ``(2) The working group established under paragraph (1) 
     shall consist of representatives from--
       ``(A) veterans service organizations;
       ``(B) State, local, and Tribal veterans agencies; and
       ``(C) other persons the Secretary determines appropriate.
       ``(3) The working group established under paragraph (1) 
     shall develop, and the Secretary shall carry out--
       ``(A) an action plan for addressing changes at the local 
     level to reduce instances of harassment and sexual assault;
       ``(B) standardized media for veterans service organizations 
     and other persons to use in print and on the internet with 
     respect to reducing harassment and sexual assault; and
       ``(C) bystander intervention training for veterans.
       ``(4) The working group established under paragraph (1) 
     shall not be subject to the requirements of the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(f) Annual Reports.--(1) The Secretary shall submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives an annual report on harassment and sexual 
     assault described in subparagraphs (A) and (B) of subsection 
     (a)(2) in facilities of the Department.
       ``(2) Each report submitted under paragraph (1) shall 
     include the following:
       ``(A) Results of harassment and sexual assault programming, 
     including the End Harassment program.
       ``(B) Results of studies from the Women's Health Practice-
     Based Research Network of the Department relating to 
     harassment and sexual assault.
       ``(C) Data collected on incidents of sexual harassment and 
     sexual assault.
       ``(D) A description of any actions taken by the Secretary 
     during the year preceding the date of the report to stop 
     harassment and sexual assault at facilities of the 
     Department.
       ``(E) An assessment of the implementation of the training 
     required in subsection (a)(2)(H).
       ``(F) A list of resources the Secretary determines 
     necessary to prevent harassment and sexual assault at 
     facilities of the Department.
       ``(g) Definitions.--In this section:
       ``(1) The term `non-Department individual' means any 
     individual present at a facility of the Department who is not 
     an employee or contractor of the Department.
       ``(2) The term `sexual harassment' means unsolicited verbal 
     or physical contact of a sexual nature which is threatening 
     in character.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 532 the following new item:

``533. Anti-harassment and anti-sexual assault policy.''.
       (c) Definition of Sexual Harassment.--Section 1720D(f) of 
     such title is amended by striking ``repeated,''.
       (d) Deadline.--The Secretary shall commence carrying out 
     section 533 of such title, as added by subsection (a), not 
     later than 180 days after the date of enactment of this Act.

     SEC. 5304. PILOT PROGRAM ON ASSISTING VETERANS WHO EXPERIENCE 
                   INTIMATE PARTNER VIOLENCE OR SEXUAL ASSAULT.

       (a) Pilot Program Required.--The Secretary of Veterans 
     Affairs shall carry out a pilot program to assess the 
     feasibility and advisability of assisting former members of 
     the Armed Forces who have experienced or are experiencing 
     intimate partner violence or sexual assault in accessing 
     benefits from the Department of Veterans Affairs, including 
     coordinating access to medical treatment centers, housing 
     assistance, and other benefits from the Department.
       (b) Duration.--The Secretary shall carry out the pilot 
     program under subsection (a) during the two-year period 
     beginning on the date of the commencement of the pilot 
     program.
       (c) Collaboration.--The Secretary shall carry out the pilot 
     program under subsection (a) in collaboration with--
       (1) intimate partner violence shelters and programs;
       (2) rape crisis centers;
       (3) State intimate partner violence and sexual assault 
     coalitions; and
       (4) such other health care or other service providers that 
     serve intimate partner violence or sexual assault victims as 
     determined by the Secretary, particularly those providing 
     emergency services or housing assistance.
       (d) Authorized Activities.--In carrying out the pilot 
     program under subsection (a), the Secretary may conduct the 
     following activities:
       (1) Training for community-based intimate partner violence 
     or sexual assault service providers on--
       (A) identifying former members of the Armed Forces who have 
     been victims of, or are currently experiencing, intimate 
     partner violence or sexual assault;
       (B) coordinating with local service providers of the 
     Department; and
       (C) connecting former members of the Armed Forces with 
     appropriate housing, mental health, medical, and other 
     financial assistance or benefits from the Department.
       (2) Assistance to service providers to ensure access of 
     veterans to intimate partner violence and sexual assault 
     emergency services, particularly in underserved areas, 
     including services for Native American veterans (as defined 
     in section 3765 of title 38, United States Code).
       (3) Such other outreach and assistance as the Secretary 
     determines necessary for the provision of assistance under 
     subsection (a).
       (e) Intimate Partner Violence and Sexual Assault Outreach 
     Coordinators.--
       (1) In general.--In order to effectively assist veterans 
     who have experienced intimate partner violence or sexual 
     assault, the Secretary may establish local coordinators to 
     provide outreach under the pilot program required by 
     subsection (a).
       (2) Local coordinator knowledge.--The Secretary shall 
     ensure that each coordinator established under paragraph (1) 
     is knowledgeable about--
       (A) the dynamics of intimate partner violence and sexual 
     assault, including safety concerns, legal protections, and 
     the need for the provision of confidential services;
       (B) the eligibility of veterans for services and benefits 
     from the Department that are relevant to recovery from 
     intimate partner violence and sexual assault, particularly 
     emergency housing assistance, mental health care, other 
     health care, and disability benefits; and
       (C) local community resources addressing intimate partner 
     violence and sexual assault.
       (3) Local coordinator assistance.--Each coordinator 
     established under paragraph (1) shall assist intimate partner 
     violence shelters and rape crisis centers in providing 
     services to veterans.
       (f) Report.--
       (1) In general.--Not later than 180 days after the 
     completion of the pilot program under subsection (a), the 
     Secretary shall submit to Congress a report on the pilot 
     program.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) The findings and conclusions of the Secretary with 
     respect to the pilot program.
       (B) Such recommendations for continuing or expanding the 
     pilot program as the Secretary considers appropriate.
       (g) Definitions.--In this section:
       (1) Intimate partner.--
       (A) In general.--The term ``intimate partner'' means a 
     person with whom one has a close personal relationship that 
     may be characterized by the partners' emotional 
     connectedness, regular contact, ongoing physical contact and 
     sexual behavior, identity as a couple, and familiarity and 
     knowledge about each other's lives.
       (B) Close personal relationships.--In this paragraph, the 
     term ``close personal relationships'' includes the following:
       (i) A relationship between married spouses.
       (ii) A relationship between common-law spouses.
       (iii) A relationship between civil union spouses.
       (iv) A relationship between domestic partners.
       (v) A relationship between dating partners.
       (vi) A relationship between ongoing sexual partners.
       (2) Intimate partner violence.--The term ``intimate partner 
     violence'' includes physical violence, sexual violence, 
     stalking, and psychological aggression, including coercive 
     tactics by a current or former intimate partner.

[[Page S7364]]

  


     SEC. 5305. STUDY AND TASK FORCE ON VETERANS EXPERIENCING 
                   INTIMATE PARTNER VIOLENCE OR SEXUAL ASSAULT.

       (a) National Baseline Study.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs, 
     in consultation with the Attorney General, shall conduct a 
     national baseline study to examine the scope of the problem 
     of intimate partner violence and sexual assault among 
     veterans and spouses and intimate partners of veterans.
       (2) Matters included.--The study under paragraph (1) 
     shall--
       (A) include a literature review of all relevant research on 
     intimate partner violence and sexual assault among veterans 
     and spouses and intimate partners of veterans;
       (B) examine the prevalence of the experience of intimate 
     partner violence among--
       (i) women veterans;
       (ii) veterans who are minority group members (as defined in 
     section 544 of title 38, United States Code, and including 
     other minority populations as the Secretary determines 
     appropriate);
       (iii) urban and rural veterans;
       (iv) veterans who are enrolled in a program under section 
     1720G of title 38, United States Code;
       (v) veterans who are in intimate relationships with other 
     veterans; and
       (vi) veterans who are described in more than one clause of 
     this subparagraph;
       (C) examine the prevalence of the perpetration of intimate 
     partner violence by veterans; and
       (D) include recommendations to address the findings of the 
     study.
       (3) Report.--Not later than 30 days after the date on which 
     the Secretary completes the study under paragraph (1), the 
     Secretary shall submit to the Committee on Veterans' Affairs 
     of the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report on such study.
       (b) Task Force.--
       (1) In general.--Not later than 90 days after the date on 
     which the Secretary completes the study under subsection (a), 
     the Secretary, in consultation with the Attorney General and 
     the Secretary of Health and Human Services, shall establish a 
     national task force (in this section referred to as the 
     ``Task Force'') to develop a comprehensive national program, 
     including by integrating facilities, services, and benefits 
     of the Department of Veterans Affairs into existing networks 
     of community-based intimate partner violence and sexual 
     assault services, to address intimate partner violence and 
     sexual assault among veterans.
       (2) Leadership.--The Secretary of Veterans Affairs shall 
     lead the Task Force in collaboration with the Attorney 
     General and the Secretary of Health and Human Services.
       (c) Consultation With Stakeholders.--In carrying out this 
     section, the Task Force shall consult with--
       (1) representatives from veteran service organizations and 
     military service organizations;
       (2) representatives from not fewer than three national 
     organizations or State coalitions with demonstrated expertise 
     in intimate partner violence prevention, response, or 
     advocacy; and
       (3) representatives from not fewer than three national 
     organizations or State coalitions, particularly those 
     representing underserved and ethnic minority communities, 
     with demonstrated expertise in sexual assault prevention, 
     response, or advocacy.
       (d) Duties.--The duties of the Task Force shall include the 
     following:
       (1) To review existing services and policies of the 
     Department and develop a comprehensive national program to be 
     carried out by the Secretary of Veterans Affairs, in 
     collaboration with the heads of relevant Federal agencies, to 
     address intimate partner violence and sexual assault 
     prevention, response, and treatment.
       (2) To review the feasibility and advisability of 
     establishing an expedited process to secure emergency, 
     temporary benefits, including housing or other benefits, for 
     veterans who are experiencing intimate partner violence or 
     sexual assault.
       (3) To review and make recommendations regarding the 
     feasibility and advisability of establishing dedicated, 
     temporary housing assistance for veterans experiencing 
     intimate partner violence or sexual assault.
       (4) To identify any requirements regarding intimate partner 
     violence assistance or sexual assault response and services 
     that are not being met by the Department and make 
     recommendations on how the Department can meet such 
     requirements.
       (5) To review and make recommendations regarding the 
     feasibility and advisability of providing direct services or 
     contracting for community-based services for veterans in 
     response to a sexual assault, including through the use of 
     sexual assault nurse examiners, particularly in underserved 
     or remote areas, including services for Native American 
     veterans.
       (6) To review the availability of counseling services 
     provided by the Department and through peer network support, 
     and to provide recommendations for the enhancement of such 
     services, to address--
       (A) the perpetration of intimate partner violence and 
     sexual assault; and
       (B) the recovery of veterans, particularly women veterans, 
     from intimate partner violence and sexual assault.
       (7) To review and make recommendations to expand services 
     available for veterans at risk of perpetrating intimate 
     partner violence.
       (e) Report.--Not later than one year after the date of the 
     enactment of this Act, and not less frequently than annually 
     thereafter by October 1 of each year, the Task Force shall 
     submit to the Secretary of Veterans Affairs and Congress a 
     report on the activities of the Task Force, including any 
     recommendations for legislative or administrative action.
       (f) Nonapplicability of FACA.--The Task Force shall not be 
     subject to the requirements of the Federal Advisory Committee 
     Act (5 U.S.C. App.).
       (g) Definitions.--In this section:
       (1) Native american veteran.--The term ``Native American 
     veteran'' has the meaning given that term in section 3765 of 
     title 38, United States Code.
       (2) State.--The term ``State'' has the meaning given that 
     term in section 101 of title 38, United States Code.

               Subtitle D--Data Collection and Reporting

     SEC. 5401. REQUIREMENT FOR COLLECTION AND ANALYSIS OF DATA ON 
                   DEPARTMENT OF VETERANS AFFAIRS BENEFITS AND 
                   SERVICES AND DISAGGREGATION OF SUCH DATA BY 
                   GENDER, RACE, AND ETHNICITY.

       The Secretary of Veterans Affairs shall--
       (1) collect and analyze data on each program of the 
     Department of Veterans Affairs that provides a service or 
     benefit to a veteran, including the program carried out under 
     section 1144 of title 10, United States Code;
       (2) disaggregate such data by gender, race, and ethnicity, 
     when the data lends itself to such disaggregation; and
       (3) publish the data collected and analyzed under paragraph 
     (1), except for such cases in which the Secretary determines 
     that some portions of the data would undermine the anonymity 
     of a veteran.

     SEC. 5402. STUDY ON BARRIERS FOR WOMEN VETERANS TO RECEIPT OF 
                   HEALTH CARE FROM DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Study Required.--The Secretary of Veterans Affairs 
     shall conduct a comprehensive study of the barriers to the 
     provision of health care by the Department of Veterans 
     Affairs encountered by women who are veterans.
       (b) Survey.--In conducting the study required by subsection 
     (a), the Secretary shall--
       (1) survey women veterans who seek or receive hospital care 
     or medical services provided by the Department as well as 
     women veterans who do not seek or receive such care or 
     services;
       (2) administer the survey to a representative sample of 
     women veterans from each Veterans Integrated Service Network; 
     and
       (3) ensure that the sample of women veterans surveyed is of 
     sufficient size for the study results to be statistically 
     significant and is a larger sample than that of the study 
     specified in subsection (c)(1).
       (c) Use of Previous Studies.--In conducting the study 
     required by subsection (a), the Secretary shall build on the 
     work of the studies of the Department titled--
       (1) ``National Survey of Women Veterans in Fiscal Year 
     2007-2008''; and
       (2) ``Study of Barriers for Women Veterans to VA Health 
     Care 2015''.
       (d) Elements of Study.--In conducting the study required by 
     subsection (a), the Secretary shall conduct research on the 
     effects of the following on the women veterans surveyed in 
     the study:
       (1) The barriers associated with seeking mental health care 
     services, including with respect to provider availability, 
     telehealth access, and family, work, and school obligations.
       (2) The effect of driving distance or availability of other 
     forms of transportation to the nearest medical facility on 
     access to care.
       (3) The effect of access to care from non-Department 
     providers.
       (4) The availability of child care.
       (5) The satisfaction of such veterans with the provision by 
     the Department of integrated primary care, women's health 
     clinics, or both, including perceptions of quality of care, 
     safety, and comfort.
       (6) The understanding and perceived accessibility among 
     such veterans of eligibility requirements for, and the scope 
     of services available under, hospital care and medical 
     services.
       (7) The perception of such veterans of personal safety and 
     comfort in inpatient, outpatient, and behavioral health 
     facilities.
       (8) The gender sensitivity of health care providers and 
     staff to issues that particularly affect women.
       (9) The effectiveness of outreach for health care services 
     available to women veterans.
       (10) The location and operating hours of health care 
     facilities that provide services to women veterans.
       (11) The perception of such veterans of the motto of the 
     Department.
       (12) Such other significant barriers as the Secretary 
     considers appropriate.
       (e) Discharge by Contract.--The Secretary shall enter into 
     a contract with a qualified independent entity or 
     organization to carry out the study and research required 
     under this section.
       (f) Mandatory Review of Data by Certain Department 
     Divisions.--
       (1) Review.--
       (A) In general.--The Secretary shall ensure that the head 
     of each division of the Department of Veterans Affairs 
     specified in paragraph (2) reviews the results of the study 
     conducted under this section.

[[Page S7365]]

       (B) Submittal of findings.--The head of each division 
     specified in paragraph (2) shall submit findings with respect 
     to the study under this section to the Under Secretary of the 
     Department with responsibilities relating to health care 
     services for women veterans.
       (2) Specified divisions.--The divisions of the Department 
     of Veterans Affairs specified in this paragraph are the 
     following:
       (A) The Office of the Under Secretary for Health.
       (B) The Office of Women's Health established under section 
     7310 of title 38, United States Code.
       (C) The Center for Women Veterans under section 318 of such 
     title.
       (D) The Advisory Committee on Women Veterans established 
     under section 542 of such title.
       (g) Report.--
       (1) In general.--Not later than 30 months after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the study required under this section.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) the findings of the head of each division of the 
     Department specified under subsection (f)(2); and
       (B) recommendations for such administrative and legislative 
     action as the Secretary considers appropriate.

     SEC. 5403. STUDY ON FEASIBILITY AND ADVISABILITY OF OFFERING 
                   PARENTING STAIR PROGRAM AT ALL MEDICAL CENTERS 
                   OF DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     conduct a study on the feasibility and advisability of 
     expanding the Parenting STAIR program to all medical centers 
     of the Department of Veterans Affairs and including such 
     program as part of care for military sexual trauma for 
     affected members and former members of the Armed Forces.
       (b) Elements.--In conducting the study under subsection 
     (a), the Secretary shall assess--
       (1) staffing needed to offer the Parenting STAIR program at 
     all medical centers of the Department;
       (2) any additional infrastructure or resources (such as 
     child care during the program) needed for the expansion of 
     the program; and
       (3) such other factors relevant to the expansion of the 
     program as the Secretary considers appropriate.
       (c) Reports to Congress.--
       (1) Interim report.--Not later than one year after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report detailing--
       (A) the current number and locations of all facilities of 
     the Department offering the Parenting STAIR program; and
       (B) the number of veterans served by such program in the 
     most recent fiscal year or calendar year for which data is 
     available.
       (2) Final report.--Not later than three years after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report detailing--
       (A) the results of the study conducted under subsection 
     (a);
       (B) an update on how many veterans have used the Parenting 
     STAIR program since its development in fiscal year 2017, 
     disaggregated by year, including the locations in which 
     veterans have used such program; and
       (C) a determination on the feasibility and advisability of 
     expanding the Parenting STAIR program to all medical 
     facilities of the Department offering care for military 
     sexual trauma.
       (d) Definitions.--In this section:
       (1) Affected members and former members of the armed 
     forces.--The term ``affected members and former members of 
     the Armed Forces'' means members and former members of the 
     Armed Forces who are parents and have experienced military 
     sexual trauma.
       (2) Military sexual trauma.--The term ``military sexual 
     trauma'' has the meaning given such term in section 1164(c) 
     of title 38, United States Code, as added by section 5501(a) 
     of this title.
       (3) Parenting stair program.--The term ``Parenting STAIR 
     program'' means the program of the Department of Veterans 
     Affairs that consists of a five-session, parenting-specific 
     treatment protocol based on skills training in affective and 
     interpersonal regulation (commonly referred to as ``STAIR''), 
     which is a cognitive behavioral therapy that has been 
     identified as a promising practice for treating post-
     traumatic stress disorder, including chronic and complicated 
     forms, among individuals with co-occurring disorders.

                      Subtitle E--Benefits Matters

     SEC. 5501. EVALUATION OF SERVICE-CONNECTION OF MENTAL HEALTH 
                   CONDITIONS RELATING TO MILITARY SEXUAL TRAUMA.

       (a) Specialized Teams to Evaluate Claims Involving Military 
     Sexual Trauma.--
       (1) In general.--subchapter VI of chapter 11 of such title 
     is amended by adding at the end the following new section:

     ``Sec. 1164. Specialized teams to evaluate claims involving 
       military sexual trauma

       ``(a) In General.--The Secretary shall establish 
     specialized teams to process claims for compensation for a 
     covered mental health condition based on military sexual 
     trauma experienced by a veteran during active military, 
     naval, or air service.
       ``(b) Training.--The Secretary shall ensure that members of 
     teams established under subsection (a) are trained to 
     identify markers indicating military sexual trauma.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered mental health condition' means 
     post-traumatic stress disorder, anxiety, depression, or other 
     mental health diagnosis described in the current version of 
     the Diagnostic and Statistical Manual of Mental Disorders 
     published by the American Psychiatric Association that the 
     Secretary determines to be related to military sexual trauma.
       ``(2) The term `military sexual trauma' means, with respect 
     to a veteran, a physical assault of a sexual nature, battery 
     of a sexual nature, or sexual harassment during active 
     military, naval, or air service.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1164. Specialized teams to evaluate claims involving military sexual 
              trauma.''.
       (b) Annual Reports on Claims for Disabilities Incurred or 
     Aggravated by Military Sexual Trauma.--
       (1) Reports required.--Not later than March 1, 2021, and 
     not less frequently than once each year thereafter through 
     2027, the Secretary of Veterans Affairs shall submit to 
     Congress a report on covered claims submitted during the 
     previous fiscal year to identify and track the consistency of 
     decisions across regional offices of the Department of 
     Veterans Affairs.
       (2) Elements.--Each report under paragraph (1) shall 
     include the following:
       (A) The number of covered claims submitted to or considered 
     by the Secretary during the fiscal year covered by the 
     report.
       (B) Of the covered claims listed under subparagraph (A), 
     the number and percentage of such claims--
       (i) submitted by each sex;
       (ii) that were approved, including the number and 
     percentage of such approved claims submitted by each sex;
       (iii) that were denied, including the number and percentage 
     of such denied claims submitted by each sex; and
       (iv) that were developed and reviewed by a specialized team 
     established under section 1164(a) of title 38, United States 
     Code, as added by subsection (a).
       (C) Of the covered claims listed under subparagraph (A) 
     that were approved, the number and percentage, disaggregated 
     by sex, of claims assigned to each rating percentage.
       (D) Of the covered claims listed under subparagraph (A) 
     that were denied--
       (i) the three most common reasons given by the Secretary 
     under section 5104(b)(1) of title 38, United States Code, for 
     such denials; and
       (ii) the number of denials that were based on the failure 
     of a veteran to report for a medical examination.
       (E) The number of covered claims that, as of the end of the 
     fiscal year covered by the report, are pending and, 
     separately, the number of such claims on appeal.
       (F) For the fiscal year covered by the report, the average 
     number of days that covered claims take to complete, 
     beginning on the date on which the claim is submitted.
       (G) A description of the training that the Secretary 
     provides to employees of the Veterans Benefits 
     Administration, or such contractors or other individuals as 
     the Secretary considers appropriate, specifically with 
     respect to covered claims, including the frequency, length, 
     and content of such training.
       (H) Whether all covered claims are subject to second level 
     review until the individual rater of the Veterans Benefits 
     Administration adjudicating such covered claims achieves an 
     accuracy rate of 90 percent on decisions of such covered 
     claims.
       (3) Definitions.--In this subsection:
       (A) Covered claims.--The term ``covered claims'' means 
     claims for disability compensation submitted to the Secretary 
     based on a covered mental health condition alleged to have 
     been incurred or aggravated by military sexual trauma.
       (B) Covered mental health condition.--The term ``covered 
     mental health condition'' has the meaning given such term in 
     section 1164(c) of title 38, United States Code.
       (C) Military sexual trauma.--The term ``military sexual 
     trauma'' has the meaning given such term in such section.

     SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS 
                   MEDICAL EXAMINER FOR ASSESSMENT OF CLAIMS FOR 
                   COMPENSATION RELATING TO DISABILITY RESULTING 
                   FROM PHYSICAL ASSAULT OF A SEXUAL NATURE, 
                   BATTERY OF A SEXUAL NATURE, OR SEXUAL 
                   HARASSMENT.

       (a) In General.--Subchapter VI of chapter 11 of title 38, 
     United States Code, as amended by section 5501 of this title, 
     is further amended by inserting after section 1164, as added 
     by section 5501, the following new section:

[[Page S7366]]

  


     ``Sec. 1165. Choice of sex of medical examiner for certain 
       disabilities

       ``(a) In General.--The Secretary shall ensure that a 
     veteran who requires a medical examination from a covered 
     medical provider in support of a claim for compensation under 
     this chapter for a mental or physical health condition that 
     resulted from a physical assault of a sexual nature, battery 
     of a sexual nature, or sexual harassment may designate the 
     sex of the medical provider who provides such medical 
     examination.
       ``(b) Covered Medical Providers.--For purposes of this 
     section, a covered medical provider is any medical provider 
     who is employed by the Department or is under any contract 
     with the Department to provide a medical examination or a 
     medical opinion when such an examination or opinion is 
     necessary to make a decision on a claim.
       ``(c) Notice.--Before providing any medical examination for 
     a veteran in support for a claim described in subsection (a), 
     the Secretary shall notify the veteran of the veteran's 
     rights under subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 11 of such title, as amended by section 
     5501 of this title, is further amended by inserting after the 
     item relating to section 1164 the following new item:

``1165. Choice of sex of medical examiner for certain disabilities.''.

     SEC. 5503. SECRETARY OF VETERANS AFFAIRS REPORT ON 
                   IMPLEMENTING RECOMMENDATIONS OF INSPECTOR 
                   GENERAL OF DEPARTMENT OF VETERANS AFFAIRS IN 
                   CERTAIN REPORT ON DENIED POSTTRAUMATIC STRESS 
                   DISORDER CLAIMS RELATED TO MILITARY SEXUAL 
                   TRAUMA.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House a report on the 
     progress of the Secretary in implementing the recommendations 
     from the report of the Inspector General of the Department of 
     Veterans Affairs entitled ``Denied Posttraumatic Stress 
     Disorder Claims Related to Military Sexual Trauma'' (17-
     05248-241).

      TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Financial Refuge for Every 
     Elderly Veteran Act of 2020'' or the ``FREE Veteran Act of 
     2020''.

     SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EXPLOITATION OF 
                   VETERANS RECEIVING PENSION FROM THE DEPARTMENT 
                   OF VETERANS AFFAIRS.

       (a) Development of Method for Solicitation and Collection 
     of Information.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall develop a method for systematically soliciting and 
     collecting information on complaints received, referrals 
     made, and actions taken by the pension management centers of 
     the Department of Veterans Affairs and any other relevant 
     components of the Department, in cases of potential financial 
     exploitation of individuals receiving pension under chapter 
     15 of title 38, United States Code.
       (b) Plan To Assess and Address Financial Exploitation of 
     Veterans.--
       (1) In general.--The Secretary shall develop and 
     periodically update a plan--
       (A) to regularly assess the information solicited and 
     collected under subsection (a) to identify trends of 
     potential financial exploitation of the individuals described 
     in subsection (a) across the Department; and
       (B) to outline actions that the Department can take to 
     improve education and training to address those trends.
       (2) Submission of plan.--Not later than one year after the 
     date of the enactment of this Act and not less frequently 
     than once every two years thereafter until the date that is 
     six years after the date of the enactment of this Act, the 
     Secretary shall submit the plan most recently developed or 
     updated under paragraph (1) to--
       (A) the Comptroller General of the United States; and
       (B) the Committee on Veterans' Affairs and the Special 
     Committee on Aging of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives.

     SEC. 6003. OVERPAYMENTS OF PENSION TO VETERANS RECEIVING 
                   PENSION FROM THE DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Guidance and Training for Claims Processors.--As the 
     Secretary of Veterans Affairs considers necessary, but not 
     less frequently than once every three years until the date 
     that is 10 years after the date of the enactment of this Act, 
     the Under Secretary for Benefits of the Department of 
     Veterans Affairs shall update guidance and training 
     curriculum for the processors of claims for pension under 
     chapter 15 of title 38, United States Code, regarding the 
     evaluation of questionable medical expenses on applications 
     for pension, including by updating such guidance with respect 
     to what constitutes a questionable medical expense and by 
     including examples of such expenses.
       (b) Identification and Tracking.--The Under Secretary shall 
     develop a method for identifying and tracking the number of 
     individuals who have received overpayments of pension under 
     chapter 15 of title 38, United States Code.
       (c) Annual Report.--Not later than one year after the date 
     of the enactment of this Act and not later than October 31 of 
     each fiscal year beginning thereafter until the date that is 
     four years after the date of the enactment of this Act, the 
     Under Secretary shall submit to Congress a report that 
     includes, for the period covered by the report, the 
     following:
       (1) The number of individuals who received overpayments of 
     pension under chapter 15 of title 38, United States Code.
       (2) The five most common reasons for overpayments described 
     in paragraph (1).
       (3) The number of veterans who had to repay overpayments 
     described in paragraph (1).
       (4) The number of veterans for whom the Secretary waived a 
     requirement to repay an overpayment described in paragraph 
     (1).
       (5) The total dollar amount of overpayments described in 
     paragraph (1).
       (6) The total dollar amount of repayments of veterans for 
     overpayments described in paragraph (1).
       (7) The average dollar amount of repayments described in 
     paragraph (6).

     SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS FOR VERIFYING 
                   DIRECT DEPOSIT INFORMATION PROVIDED BY VETERANS 
                   ON APPLICATIONS FOR VETERANS PENSION.

       (a) In General.--The Under Secretary for Benefits of the 
     Department of Veterans Affairs shall--
       (1) conduct an evaluation of the feasibility and 
     advisability of requiring the processors of claims for 
     pension under chapter 15 of title 38, United States Code, to 
     take additional actions to verify that the direct deposit 
     information provided by an individual on an application for 
     pension is for the appropriate recipient; and
       (2) identify such legislative or administrative actions as 
     the Under Secretary considers appropriate to ensure that 
     payments of pension are provided to the correct recipients.
       (b) Submission to Congress.--
       (1) In general.--Not later than 240 days after the date of 
     the enactment of this Act, the Under Secretary shall submit 
     to Congress a report on the evaluation and identification 
     under subsection (a).
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) The findings of the Under Secretary with respect to the 
     evaluation conducted under subsection (a)(1).
       (B) The actions identified under subsection (a)(2).
       (C) A plan for implementing any administrative actions 
     identified under subsection (a)(2).
       (D) A rationale for not implementing any actions evaluated 
     under paragraph (1) of subsection (a) but not identified 
     under paragraph (2) of such subsection.

     SEC. 6005. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VETERANS 
                   AFFAIRS TO ADDRESS THE FINANCIAL EXPLOITATION 
                   OF VETERANS RECEIVING PENSION.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act and not less frequently than once 
     each year thereafter until the date that is four years after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a report on efforts to 
     address the financial exploitation of individuals receiving 
     pension under chapter 15 of title 38, United States Code.
       (b) Contents.--Each report required by subsection (a) shall 
     include, for the period covered by the report, the following:
       (1) The number of individuals who received pension under 
     chapter 15 of title 38, United States Code, who have been 
     referred by any component of the Department of Veterans 
     Affairs to the Office of Inspector General of the Department 
     as likely or proven victims of financial exploitation.
       (2) The number of referrals and reports relating to the 
     financial exploitation of such individuals made by the 
     Department of Veterans Affairs to--
       (A) the Consumer Sentinel Network of the Federal Trade 
     Commission; and
       (B) the Department of Justice.
       (3) A description of the actions taken as a result of such 
     referrals and reports against--
       (A) individuals recognized by the Secretary as agents or 
     attorneys under section 5904 of title 38, United States Code; 
     and
       (B) individuals not so recognized.

     SEC. 6006. NOTICE REGARDING FEES CHARGED IN CONNECTION WITH 
                   FILING AN APPLICATION FOR VETERANS PENSION.

       The Under Secretary for Benefits of the Department of 
     Veterans Affairs shall ensure that every paper or electronic 
     document relating to the receipt of pension under chapter 15 
     of title 38, United States Code, that is available to 
     individuals who apply for such pension, including educational 
     forms about or applications for such pension, includes a 
     notice that the Department does not charge any fee in 
     connection with the filing of an application for such 
     pension.

     SEC. 6007. OUTREACH PLAN FOR EDUCATING VULNERABLE VETERANS 
                   ABOUT POTENTIAL FINANCIAL EXPLOITATION RELATING 
                   TO THE RECEIPT OF PENSION.

       (a) Development of Plan.--The Under Secretary for Benefits 
     of the Department of Veterans Affairs shall develop, in 
     collaboration with veterans service organizations, an 
     outreach plan for educating vulnerable individuals about 
     potential financial exploitation relating to the receipt of 
     pension

[[Page S7367]]

     under chapter 15 of title 38, United States Code.
       (b) Submission to Congress.--Not later than 180 days after 
     the date of the enactment of this Act, the Under Secretary 
     shall submit to the Committee on Veterans' Affairs and the 
     Special Committee on Aging of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives the plan 
     developed under subsection (a).
       (c) Veterans Service Organization Defined.--In this 
     section, the term ``veterans service organization'' means an 
     organization recognized by the Secretary of Veterans Affairs 
     for the representation of veterans under section 5902 of 
     title 38, United States Code.

                        TITLE VII--OTHER MATTERS

              Subtitle A--Administrative and Other Matters

     SEC. 7001. MEDICAL EXAMINATION PROTOCOL FOR VOLUNTEER DRIVERS 
                   PARTICIPATING IN PROGRAM OF TRANSPORTATION 
                   SERVICES FOR VETERANS.

       Section 111A(b) of title 38, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Not later than 90 days after the date of the 
     enactment of the Johnny Isakson and David P. Roe, M.D. 
     Veterans Health Care and Benefits Improvement Act of 2020, 
     the Secretary shall develop and establish a national protocol 
     for the administration of medical examinations for volunteer 
     drivers to participate in the program described in paragraph 
     (1).
       ``(B) In developing the protocol required by subparagraph 
     (A), the Secretary shall consult with such persons as the 
     Secretary determines have an interest in the program 
     described in paragraph (1).
       ``(C)(i) The Secretary shall implement the protocol by 
     first conducting a one-year pilot program using the protocol.
       ``(ii) After conducting the pilot program required by 
     clause (i), the Secretary shall assess the pilot program and 
     make such changes to the protocol as the Secretary considers 
     appropriate.
       ``(iii) After making changes to the protocol under clause 
     (ii), the Secretary shall implement the protocol in phases 
     during the course of one year.''.

     SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE 
                   ON TRIBAL AND INDIAN AFFAIRS.

       (a) Establishment of Advisory Committee.--
       (1) In general.--Subchapter III of chapter 5 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 547. Advisory Committee on Tribal and Indian Affairs

       ``(a) Establishment.--(1) The Secretary shall establish an 
     advisory committee to provide advice and guidance to the 
     Secretary on matters relating to Indian tribes, tribal 
     organizations, and Native American veterans.
       ``(2) The advisory committee established under paragraph 
     (1) shall be known as the `Advisory Committee on Tribal and 
     Indian Affairs' (in this section referred to as the 
     `Committee').
       ``(3) The Committee shall facilitate, but not supplant, 
     government-to-government consultation between the Department 
     and Indian tribes or tribal organizations.
       ``(4) The Secretary shall consult with Indian tribes or 
     tribal organizations in developing a charter for the 
     Committee.
       ``(b) Membership.--(1) The Committee shall be comprised of 
     15 voting members selected by the Secretary from among 
     individuals nominated as specified under this subsection.
       ``(2) In selecting members under paragraph (1), the 
     Secretary shall ensure that--
       ``(A) at least one member of each of the 12 service areas 
     of the Indian Health Service is represented in the membership 
     of the Committee nominated by Indian tribes or tribal 
     organizations;
       ``(B) at least one member of the Committee represents the 
     Native Hawaiian veteran community nominated by a Native 
     Hawaiian Organization;
       ``(C) at least one member of the Committee represents urban 
     Indian organizations nominated by a national urban Indian 
     organization; and
       ``(D) not fewer than half of the members are veterans, 
     unless the Secretary determines that an insufficient number 
     of qualified veterans were nominated under paragraph (1).
       ``(3) No member of the Committee may be an employee of the 
     Federal Government.
       ``(c) Terms; Vacancies.--(1) A member of the Committee 
     shall be appointed for a term of two years.
       ``(2) The Secretary shall fill a vacancy in the Committee 
     in the same manner as the original appointment within 180 
     days.
       ``(d) Meetings.--(1)(A) Except as provided in subparagraph 
     (B), the Committee shall meet in-person with the Secretary, 
     or the Secretary's designee, not less frequently than twice 
     each year and hold monthly conference calls as necessary.
       ``(B) During a public health emergency (as defined in 
     section 20003 of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136)), meetings under 
     subparagraph (A) may be conducted virtually.
       ``(2)(A) Representatives of relevant Federal agencies may 
     attend meetings of the Committee and provide information to 
     the Committee.
       ``(B) One representative of the Office of Tribal Government 
     Relations of the Department shall attend at each meeting of 
     the Committee.
       ``(C) Representatives attending meetings under this 
     paragraph shall not be considered voting members of the 
     Committee.
       ``(D) A representative attending a meeting or providing 
     information under this paragraph may not receive additional 
     compensation for services performed with respect to the 
     Committee.
       ``(e) Subcommittees.--(1) The Committee may establish 
     subcommittees.
       ``(2) The Secretary may, in consultation with the 
     Committee, appoint a member to a subcommittee established 
     under paragraph (1) who is not a member of the Committee.
       ``(3) Such subcommittees may enhance the function of the 
     Committee, but may not supersede the authority of the 
     Committee or provide direct advice or work products to the 
     Department.
       ``(f) Duties.--The duties of the Committee are as follows:
       ``(1) To advise the Secretary on ways the Department can 
     improve the programs and services of the Department to better 
     serve Native American veterans.
       ``(2) To identify for the Department evolving issues of 
     relevance to Indian tribes, tribal organizations, and Native 
     American veterans relating to programs and services of the 
     Department.
       ``(3) To propose clarifications, recommendations, and 
     solutions to address issues raised at tribal, regional, and 
     national levels, especially regarding any tribal consultation 
     reports.
       ``(4) To provide a forum for Indian tribes, tribal 
     organizations, urban Indian organizations, Native Hawaiian 
     organizations, and the Department to discuss issues and 
     proposals for changes to Department regulations, policies, 
     and procedures.
       ``(5) To identify priorities and provide advice on 
     appropriate strategies for tribal consultation and urban 
     Indian organizations conferring on issues at the tribal, 
     regional, or national levels.
       ``(6) To ensure that pertinent issues are brought to the 
     attention of Indian tribes, tribal organizations, urban 
     Indian organizations, and Native Hawaiian organizations in a 
     timely manner, so that feedback can be obtained.
       ``(7) To encourage the Secretary to work with other Federal 
     agencies and Congress so that Native American veterans are 
     not denied the full benefit of their status as both Native 
     Americans and veterans.
       ``(8) To highlight contributions of Native American 
     veterans in the Armed Forces.
       ``(9) To make recommendations on the consultation policy of 
     the Department on tribal matters.
       ``(10) To support a process to develop an urban Indian 
     organization confer policy to ensure the Secretary confers, 
     to the maximum extent practicable, with urban Indian 
     organizations.
       ``(11) To conduct other duties as recommended by the 
     Committee.
       ``(g) Reports.--(1) Not less frequently than once each 
     year, the Committee shall submit to the Secretary and the 
     appropriate committees of Congress such recommendations as 
     the Committee may have for legislative or administrative 
     action for the upcoming year.
       ``(2) Not later than 90 days after the date on which the 
     Secretary receives a recommendation under paragraph (1), the 
     Secretary shall submit to the appropriate committees of 
     Congress a written response to the recommendation.
       ``(3) Not less frequently than once every two years, the 
     Committee shall submit to the Secretary and the appropriate 
     committees of Congress a report describing the activities of 
     the Committee during the previous two years.
       ``(4) The Secretary shall make publicly available on an 
     Internet website of the Department--
       ``(A) each recommendation the Secretary receives under 
     paragraph (1);
       ``(B) each response the Secretary submits under paragraph 
     (2); and
       ``(C) each report the Secretary receives under paragraph 
     (3).
       ``(h) Committee Personnel Matters.--A member of the 
     Committee shall be allowed travel expenses, including per 
     diem in lieu of subsistence, at rates authorized for an 
     employee of an agency under subchapter I of chapter 57 of 
     title 5 while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Committee.
       ``(i) Federal Advisory Committee Act Exemption.--Section 14 
     of the Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to the Committee.
       ``(j) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Veterans' Affairs and the Committee 
     on Indian Affairs of the Senate; and
       ``(B) the Committee on Veterans' Affairs and the Committee 
     on Natural Resources of the House of Representatives.
       ``(2) The term `Indian tribe' has the meaning given such 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       ``(3) The term `Native Hawaiian organization' means any 
     organization that--
       ``(A) serves the interests of Native Hawaiians;

[[Page S7368]]

       ``(B) has Native Hawaiians in substantive and policymaking 
     positions within the organization;
       ``(C) has demonstrated experience working with Native 
     Hawaiian veterans; and
       ``(D) shall include the Office of Hawaiian Affairs.
       ``(4) The term `Native American veteran' has the meaning 
     given such term in section 3765 of this title.
       ``(5) The term `Office of Hawaiian Affairs' means the 
     Office of Hawaiian Affairs established by the constitution of 
     the State of Hawaii.''.
       ``(6) The term `tribal organization' has the meaning given 
     such term in section 3765 of this title.
       ``(7) The term `urban Indian organization' has the meaning 
     given such term in section 4 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1603).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 546 the following new 
     item:

``547. Advisory Committee on Tribal and Indian Affairs.''.
       (b) Deadline for Establishment.--The Secretary of Veterans 
     Affairs shall establish the advisory committee required by 
     section 547 of title 38, United States Code, as added by 
     subsection (a)(1), not later than 180 days after the date of 
     the enactment of this Act.
       (c) Deadline for Initial Appointments.--Not later than 90 
     days after the date on which the Secretary establishes the 
     advisory committee required by such section, the Secretary 
     shall appoint members under subsection (b)(1) of such 
     section.
       (d) Initial Meeting.--Not later than 90 days after the date 
     on which the Secretary establishes the advisory committee 
     required by such section, such advisory committee shall hold 
     its first meeting.
       (e) Report on Relation to Office of Tribal and Government 
     Relations.--
       (1) In general.--Not later than two years after the date of 
     the first meeting held by the advisory committee required by 
     such section, the Secretary shall submit to Congress a report 
     on whether and to what extent the activities of the advisory 
     committee improve the function of the Office of Tribal and 
     Government Relations of the Department of Veterans Affairs, 
     aid the decisions of the Secretary, and whether and to what 
     extent the activities of the advisory committee duplicate 
     function of the Department performed before the enactment of 
     this Act.
       (2) Review by advisory committee.--The Secretary shall--
       (A) give the advisory committee an opportunity to review 
     the report required by paragraph (1) before submitting the 
     report under such paragraph; and
       (B) include in the report submitted under such paragraph 
     such comments as the advisory committee considers appropriate 
     regarding the views of the advisory committee with respect to 
     the report.

     SEC. 7003. PREFERENCE FOR OFFERORS EMPLOYING VETERANS.

       (a) In General.--Subchapter II of chapter 81 of title 38, 
     United States Code, is amended by adding after section 8128 
     the following new section:

     ``Sec. 8129. Preference for offerors employing veterans

       ``(a) Preference.--(1) In awarding a contract for the 
     procurement of goods or services, the Secretary may give a 
     preference to offerors that employ veterans on a full-time 
     basis.
       ``(2) The Secretary shall determine such preference based 
     on the percentage of the full-time employees of the offeror 
     who are veterans.
       ``(b) Enforcement Penalties for Misrepresentation.--(1) Any 
     offeror that is determined by the Secretary to have willfully 
     and intentionally misrepresented the veteran status of the 
     employees of the offeror for purposes of subsection (a) may 
     be debarred from contracting with the Department for a period 
     of not less than five years.
       ``(2) If the Secretary carries out a debarment under 
     paragraph (1), the Secretary shall--
       ``(A) commence debarment action against the offeror by not 
     later than 30 days after determining that the offeror 
     willfully and intentionally misrepresented the veteran status 
     of the employees of the offeror as described in paragraph 
     (1); and
       ``(B) complete debarment actions against such offeror by 
     not later than 90 days after such determination.
       ``(3) The debarment of an offeror under paragraph (1) 
     includes the debarment of all principals in the offeror for a 
     period of not less than five years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by inserting 
     after the item relating to section 8128 the following new 
     item:

``8129. Preference for offerors employing veterans.''.

     SEC. 7004. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT 
                   RIGHTS TO MEMBERS OF THE NATIONAL GUARD WHO 
                   PERFORM STATE ACTIVE DUTY.

       Section 4303 of title 38, United States Code, is amended--
       (1) in paragraph (13), by inserting ``State active duty for 
     a period of 14 days or more, State active duty in response to 
     a national emergency declared by the President under the 
     National Emergencies Act (50 U.S.C. 1601 et seq.), State 
     active duty in response to a major disaster declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170),'' after ``full-time National Guard duty,'';
       (2) by redesignating paragraph (15) as paragraph (16); and
       (3) by inserting after paragraph (14) the following new 
     paragraph (15):
       ``(15) The term `State active duty' means training or other 
     duty, other than inactive duty, performed by a member of the 
     National Guard of a State--
       ``(A) not under section 502 of title 32 or under title 10;
       ``(B) in service to the Governor of a State; and
       ``(C) for which the member is not entitled to pay from the 
     Federal Government.''.

     SEC. 7005. REPAYMENT OF MISUSED BENEFITS.

       (a) In General.--Section 6107(b) of title 38, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``In any case in which a 
     fiduciary described in paragraph (2)'' and inserting ``In any 
     case not covered by subsection (a) in which a fiduciary'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) Application.--The amendments made by subsection (a) 
     shall apply with respect to any determination by the 
     Secretary of Veterans Affairs made on or after the date of 
     the enactment of this Act regarding the misuse of benefits by 
     a fiduciary.

     SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS.

       Section 7364(b)(1) of title 38, United States Code, is 
     amended by adding at the end the following new sentence: 
     ``Any amounts so transferred after September 30, 2016, shall 
     be available without regard to fiscal year limitations, 
     notwithstanding section 1535(d) of title 31.''.

     SEC. 7007. REPORT AND PLANNED ACTIONS OF THE SECRETARY OF 
                   VETERANS AFFAIRS TO ADDRESS CERTAIN HIGH-RISK 
                   AREAS OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs, in consultation with the Comptroller General of the 
     United States, shall submit to the Committees on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     outlining the plan the Secretary has developed and the 
     actions the Secretary has taken to address the areas of 
     concern identified by the Comptroller General for the 
     Department of Veterans Affairs in the 2019 High-Risk List of 
     the Government Accountability Office (GAO-19-157SP) 
     regarding--
       (1) acquisition management; and
       (2) managing risks and improving health care.
       (b) Elements.--The report under subsection (a) shall 
     include each of the following:
       (1) Root causes of the areas of concern described in 
     paragraphs (1) and (2) of subsection (a).
       (2) Corrective actions and specific steps to address each 
     root cause, including--
       (A) the progress of the Secretary in implementing those 
     actions and steps; and
       (B) timelines and milestones the Secretary determines 
     feasible to complete each corrective action.
       (3) Resources the Secretary determines are necessary to 
     implement corrective actions, including--
       (A) funding;
       (B) stakeholders;
       (C) technology; and
       (D) senior officials responsible for implementing the 
     corrective actions and reporting results.
       (4) Metrics for assessing progress in addressing the areas 
     of concern described in paragraphs (1) and (2) of subsection 
     (a).
       (5) Key outcomes that demonstrate progress in addressing 
     the areas of concern described in paragraphs (1) and (2) of 
     subsection (a).
       (6) Obstacles to implementation of the plan that the 
     Secretary identifies.
       (7) Recommendations of the Secretary regarding legislation 
     or funding the Secretary determines necessary to implement 
     the plan.
       (8) Any other information the Secretary determines is 
     relevant to understanding the progress of the Department 
     toward the removal of the areas of concern from the High Risk 
     List.
       (c) Annual Updates.--
       (1) Update required.--Not less than once each year during 
     the implementation period under paragraph (2), the Secretary 
     shall submit to Congress an update regarding implementation 
     of each element of the plan under subsection (b).
       (2) Implementation period.--The implementation period 
     described in this paragraph begins on the date on which the 
     Secretary submits the report required under subsection (a) 
     and ends on the earlier of the following dates:
       (A) The date on which the Comptroller General removes the 
     last area of concern for the Department from the most recent 
     High-Risk List of the Government Accountability Office.
       (B) The date that is 8 years after the date on which the 
     Secretary submits the plan required under subsection (a).

[[Page S7369]]

  


     SEC. 7008. ANNUAL REPORT BY SECRETARY OF VETERANS AFFAIRS ON 
                   IMPLEMENTATION OF PRIORITY RECOMMENDATIONS OF 
                   COMPTROLLER GENERAL OF THE UNITED STATES 
                   PERTAINING TO DEPARTMENT OF VETERANS AFFAIRS.

       (a) Annual Report Required.--Not later than 270 days after 
     the date of the enactment of this Act, and not less than once 
     during each of the subsequent 3 years, the Secretary of 
     Veterans Affairs shall submit to the Committees on Veterans' 
     Affairs of the Senate and House of Representatives and to the 
     Comptroller General of the United States a report on the 
     implementation of priority recommendations of the Comptroller 
     General that pertain to the Department of Veterans Affairs.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include, for the period covered by the report, the 
     following:
       (1) The progress of the Secretary in implementing all open 
     priority recommendations of the Comptroller General for the 
     Department of Veterans Affairs.
       (2) An explanation for each instance where the Secretary 
     has decided not to implement, or has not fully implemented, 
     an open priority recommendation of the Comptroller General 
     for the Department.
       (3) A summary of the corrective actions taken and remaining 
     steps the Secretary plans to take to implement open priority 
     recommendations of the Comptroller General.
       (c) Supplement Not Supplant Certain Required Reports or 
     Written Statements.--The report under this section shall not 
     be construed to supplant any report or written statement 
     required under section 720 of title 31, United States Code.

     SEC. 7009. CLARIFICATION OF METHODS USED TO MONITOR 
                   COMPLIANCE WITH CERTAIN LIMITATIONS ON 
                   SUBCONTRACTING.

       Section 8127(k)(3)(A) of title 38, United States Code, is 
     amended by striking ``and any other'' and inserting ``or any 
     other''.

     SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT TO 
                   PROVIDE CERTAIN NOTICE TO PERSONS FILING CLAIMS 
                   FOR DAMAGE, INJURY, OR DEATH ON STANDARD FORM 
                   95.

       Not later than 90 days after the date on which a person 
     submits to the Secretary of Veterans Affairs a claim for 
     damage, injury, or death on Standard Form 95, or any 
     successor form, the Secretary shall provide to such person 
     notice of each of the following:
       (1) The benefit of obtaining legal advice concerning such 
     claim.
       (2) The employment status of any individual listed on the 
     form.
       (3) If the claim involves a contractor that entered into an 
     agreement with the Secretary, the importance of obtaining 
     legal advice as to the statute of limitations regarding the 
     claim in the State in which the claim arose.

    Subtitle B--Matters Relating to the Chief Financial Officer of 
                     Department of Veterans Affairs

     SEC. 7101. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Veterans' Affairs of the Senate and the House of 
     Representatives and the Committees on Appropriations of the 
     Senate and the House of Representatives.
       (2) Subordinate chief financial officer.--The term 
     ``subordinate chief financial officer''--
       (A) includes--
       (i) the chief financial officer of the Veterans Health 
     Administration, the chief financial officer of the Office of 
     Community Care within the Veterans Health Administration, and 
     all chief financial officers of Veterans Integrated Service 
     Networks within the Veterans Health Administration;
       (ii) the chief financial officer of the Veterans Benefits 
     Administration and all chief financial officers of 
     organizational subdivisions representing business lines 
     within the Veterans Benefits Administration;
       (iii) the chief financial officer of the National Cemetery 
     Administration; and
       (iv) the chief financial officer of the Office of 
     Information and Technology; and
       (B) does not include the Inspector General.

     SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAKNESSES AND 
                   PROVIDING SUFFICIENT AUTHORITY TO CHIEF 
                   FINANCIAL OFFICER OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter for each of the three 
     subsequent years, the Secretary of Veterans Affairs, acting 
     through the Chief Financial Officer of the Department of 
     Veterans Affairs, shall submit to the appropriate 
     congressional committees--
       (1) an action plan, including steps, related timelines, 
     costs, progress, status of implementation, and any updates 
     for fully addressing the material weaknesses of the 
     Department discussed in the Management's Discussion and 
     Analysis section of the financial statements of the 
     Department submitted to Congress under section 3515 of title 
     31, United States Code for the year preceding the year during 
     which the report is submitted; and
       (2) a plan outlining the steps the Secretary plans to take 
     to address the recommendations of auditors related to entity-
     level internal controls and to provide sufficient authority 
     to the Chief Financial Officer of the Department to carry out 
     the requirements of section 902 of title 31, United States 
     Code.

     SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION.

       Concurrent with the submittal to Congress of the 
     President's budget request under section 1105 of title 31, 
     United States Code, for fiscal year 2022 and each of the next 
     three subsequent fiscal years, the Chief Financial Officer of 
     the Department of Veterans affairs shall submit to the 
     appropriate congressional committees each of the following:
       (1) A certification of the responsibility of the Chief 
     Financial Officer for internal financial controls of the 
     Department.
       (2) An attestation that the Chief Financial Officer has 
     collaborated sufficiently with the subordinate chief 
     financial officers of the Department to be confident in the 
     financial projections included the budget request and 
     supporting materials.

     SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR 
                   SUBORDINATE CHIEF FINANCIAL OFFICERS.

       (a) In General.--In accordance with the responsibilities of 
     the Chief Financial Officer of the Department of Veterans 
     Affairs for the recruitment, selection, and training of 
     personnel to carry out agency financial management functions 
     pursuant to section 902(a)(5)(C) of title 31, United States 
     Code, the Chief Financial Officer or the designee of the 
     Chief Financial Officer within the Office of Management of 
     the Department shall--
       (1) participate in the interview and selection panels of 
     all subordinate chief financial officers; and
       (2) give input into the performance plans and performance 
     evaluations of all subordinate chief financial officers.
       (b) Termination.--The requirements under subsection (a) 
     shall terminate on the date that is five years after the date 
     of the enactment of this Act.

                Subtitle C--Servicemembers Civil Relief

     SEC. 7201. CLARIFICATION OF DELIVERY OF NOTICE OF TERMINATION 
                   OF LEASES OF PREMISES AND MOTOR VEHICLES FOR 
                   PURPOSES OF RELIEF UNDER SERVICEMEMBERS CIVIL 
                   RELIEF ACT.

       (a) In General.--Section 305(c)(2) of the Servicemembers 
     Civil Relief Act (50 U.S.C. 3955(c)(2)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) by electronic means, including--
       ``(i) the direct delivery of material to an electronic 
     address designated by the lessor (or the lessor's grantee) or 
     the lessor's agent (or the agent's grantee);
       ``(ii) the posting of material to a website or other 
     internet or electronic-based information repository to which 
     access has been granted to the lessee, the lessor (or the 
     lessor's grantee), or the lessor's agent (or the agent's 
     grantee); and
       ``(iii) other electronic means reasonably calculated to 
     ensure actual receipt of the material by the lessor (or the 
     lessor's grantee) or the lessor's agent (or the agent's 
     grantee).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to delivery of notice of lease terminations on or 
     after the date the enactment of this Act.

     SEC. 7202. TECHNICAL CORRECTION REGARDING EXTENSION OF LEASE 
                   PROTECTIONS FOR SERVICEMEMBERS UNDER STOP 
                   MOVEMENT ORDERS IN RESPONSE TO LOCAL, NATIONAL, 
                   OR GLOBAL EMERGENCY.

       (a) In General.--Section 305(b) of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3955(b)), as amended by Public Law 116-
     158, is further amended--
       (1) in paragraph (1)(C)(ii), by striking ``Secretary of 
     Defense'' and inserting ``Secretary concerned''; and
       (2) in paragraph (2)(C)(ii), by striking ``Secretary of 
     Defense'' and inserting ``Secretary concerned''.
       (b) Retroactive Application.--The amendments made by this 
     section shall apply to stop movement orders issued on or 
     after March 1, 2020.
                                 ______
                                 
  SA 2696. Mr. INHOFE (for Mr. Moran (for himself and Mr. Tester)) 
proposed an amendment to the bill H.R. 7105, 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; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Food Allergy Safety, 
     Treatment, Education, and Research Act of 2020'' or the 
     ``FASTER Act of 2020''.

     SEC. 2. FOOD ALLERGY SAFETY.

       (a) In General.--Section 201(qq)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321(qq)(1)) is amended by 
     striking ``and soybeans'' and inserting ``soybeans, and 
     sesame''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any food that is introduced or delivered for 
     introduction into interstate commerce on or after January 1, 
     2023.

[[Page S7370]]

  


     SEC. 3. REPORT TO CONGRESS.

       (a) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall submit to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report that 
     includes--
       (1) descriptions of ongoing Federal activities related to--
       (A) the surveillance and collection of data on the 
     prevalence of food allergies and severity of allergic 
     reactions for specific food or food ingredients, including 
     the identification of any gaps in such activities;
       (B) the development of effective food allergy diagnostics;
       (C) the prevention of the onset of food allergies;
       (D) the reduction of risks related to living with food 
     allergies; and
       (E) the development of new therapeutics to prevent, treat, 
     cure, and manage food allergies; and
       (2) specific recommendations and strategies to expand, 
     enhance, or improve activities described in paragraph (1), 
     including--
       (A) strategies to improve the accuracy of food allergy 
     prevalence data by expanding and intensifying current 
     collection methods, including support for research that 
     includes the identification of biomarkers and tests to 
     validate survey data and the investigation of the use of 
     identified biomarkers and tests in national surveys;
       (B) strategies to overcome gaps in surveillance and data 
     collection activities related to food allergies and specific 
     food allergens; and
       (C) recommendations for the development and implementation 
     of a regulatory process and framework that would allow for 
     the timely, transparent, and evidence-based modification of 
     the definition of ``major food allergen'' included in section 
     201(qq) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 
     321(qq)), including with respect to--
       (i) the scientific criteria for defining a food or food 
     ingredient as a ``major food allergen'' pursuant to such 
     process, including recommendations pertaining to evidence of 
     the prevalence and severity of allergic reactions to a food 
     or food ingredient that would be required in order to 
     establish that such food or food ingredient is an allergen of 
     public health concern appropriate for such process; and
       (ii) opportunities for stakeholder engagement and comment, 
     as appropriate, in considering any such modification to such 
     definition.
       (b) Publication.--The Secretary shall make the report under 
     subsection (a) available on the internet website of the 
     Department of Health and Human Services.
                                 ______
                                 
  SA 2697. Mr. INHOFE (for Mr. Peters) proposed an amendment to the 
bill S. 3418, to amend the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to allow the Administrator of the Federal 
Emergency Management Agency to provide capitalization grants to States 
to establish revolving funds to provide hazard mitigation assistance to 
reduce risks from disasters and natural hazards, and other related 
environmental harm; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Safeguarding Tomorrow 
     through Ongoing Risk Mitigation Act'' or the ``STORM Act''.

     SEC. 2. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD 
                   MITIGATION REVOLVING LOAN FUNDS.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 205. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD 
                   MITIGATION REVOLVING LOAN FUNDS.

       ``(a) General Authority.--
       ``(1) In general.--The Administrator may enter into 
     agreements with eligible entities to make capitalization 
     grants to such entities for the establishment of hazard 
     mitigation revolving loan funds (referred to in this section 
     as `entity loan funds') for providing funding assistance to 
     local governments to carry out eligible projects under this 
     section to reduce disaster risks for homeowners, businesses, 
     nonprofit organizations, and communities in order to 
     decrease--
       ``(A) the loss of life and property;
       ``(B) the cost of insurance; and
       ``(C) Federal disaster payments.
       ``(2) Agreements.--Any agreement entered into under this 
     section shall require the participating entity to--
       ``(A) comply with the requirements of this section; and
       ``(B) use accounting, audit, and fiscal procedures 
     conforming to generally accepted accounting standards.
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a 
     capitalization grant under this section, an eligible entity 
     shall submit to the Administrator an application that 
     includes the following:
       ``(A) Project proposals comprised of local government 
     hazard mitigation projects, on the condition that the entity 
     provides public notice not less than 6 weeks prior to the 
     submission of an application.
       ``(B) An assessment of recurring major disaster 
     vulnerabilities impacting the entity that demonstrates a risk 
     to life and property.
       ``(C) A description of how the hazard mitigation plan of 
     the entity has or has not taken the vulnerabilities described 
     in subparagraph (B) into account.
       ``(D) A description about how the projects described in 
     subparagraph (A) could conform with the hazard mitigation 
     plan of the entity and of the unit of local government.
       ``(E) A proposal of the systematic and regional approach to 
     achieve resilience in a vulnerable area, including impacts to 
     river basins, river corridors, watersheds, estuaries, bays, 
     coastal regions, micro-basins, micro-watersheds, ecosystems, 
     and areas at risk of earthquakes, tsunamis, droughts, severe 
     storms, and wildfires, including the wildland-urban 
     interface.
       ``(2) Technical assistance.--The Administrator shall 
     provide technical assistance to eligible entities for 
     applications under this section.
       ``(c) Entity Loan Fund.--
       ``(1) Establishment of fund.--An entity that receives a 
     capitalization grant under this section shall establish an 
     entity loan fund that complies with the requirements of this 
     subsection.
       ``(2) Fund management.--Except as provided in paragraph 
     (3), entity loan funds shall--
       ``(A) be administered by the agency responsible for 
     emergency management; and
       ``(B) include only--
       ``(i) funds provided by a capitalization grant under this 
     section;
       ``(ii) repayments of loans under this section to the entity 
     loan fund; and
       ``(iii) interest earned on amounts in the entity loan fund.
       ``(3) Administration.--A participating entity may combine 
     the financial administration of the entity loan fund of such 
     entity with the financial administration of any other 
     revolving fund established by such entity if the 
     Administrator determines that--
       ``(A) the capitalization grant, entity share, repayments of 
     loans, and interest earned on amounts in the entity loan fund 
     are accounted for separately from other amounts in the 
     revolving fund; and
       ``(B) the authority to establish assistance priorities and 
     carry out oversight activities remains in the control of the 
     entity agency responsible for emergency management.
       ``(4) Entity share of funds.--
       ``(A) In general.--On or before the date on which a 
     participating entity receives a capitalization grant under 
     this section, the entity shall deposit into the entity loan 
     fund of such entity, an amount equal to not less than 10 
     percent of the amount of the capitalization grant.
       ``(B) Reduced grant.--If, with respect to a capitalization 
     grant under this section, a participating entity deposits in 
     the entity loan fund of the entity an amount that is less 
     than 10 percent of the total amount of the capitalization 
     grant that the participating entity would otherwise receive, 
     the Administrator shall reduce the amount of the 
     capitalization grant received by the entity to the amount 
     that is 10 times the amount so deposited.
       ``(d) Apportionment.--
       ``(1) In general.--Except as otherwise provided by this 
     subsection, the Administrator shall apportion funds made 
     available to carry out this section to entities that have 
     entered into an agreement under subsection (a)(2) in amounts 
     as determined by the Administrator.
       ``(2) Reservation of funds.--The Administrator shall 
     reserve not more than 2.5 percent of the amount made 
     available to carry out this section for the Federal Emergency 
     Management Agency for--
       ``(A) administrative costs incurred in carrying out this 
     section;
       ``(B) providing technical assistance to participating 
     entities under subsection (b)(2); and
       ``(C) capitalization grants to insular areas under 
     paragraph (4).
       ``(3) Priority.--In the apportionment of capitalization 
     grants under this subsection, the Administrator shall give 
     priority to entity applications under subsection (b) that--
       ``(A) propose projects increasing resilience and reducing 
     risk of harm to natural and built infrastructure;
       ``(B) involve a partnership between two or more eligible 
     entities to carry out a project or similar projects;
       ``(C) take into account regional impacts of hazards on 
     river basins, river corridors, micro-watersheds, macro-
     watersheds, estuaries, lakes, bays, and coastal regions and 
     areas at risk of earthquakes, tsunamis, droughts, severe 
     storms, and wildfires, including the wildland-urban 
     interface; or
       ``(D) propose projects for the resilience of major economic 
     sectors or critical national infrastructure, including ports, 
     global commodity supply chain assets (located within an 
     entity or within the jurisdiction of local governments, 
     insular areas, and Indian tribal governments), power and 
     water production and distribution centers, and bridges and 
     waterways essential to interstate commerce.
       ``(4) Insular areas.--
       ``(A) Apportionment.--From any amount remaining of funds 
     reserved under paragraph (2), the Administrator may enter 
     into agreements to provide capitalization grants to insular 
     areas.
       ``(B) Requirements.--An insular area receiving a 
     capitalization grant under this section shall comply with the 
     requirements of

[[Page S7371]]

     this section as applied to participating entities.
       ``(e) Environmental Review of Revolving Loan Fund 
     Projects.--The Administrator may delegate to a participating 
     entity all of the responsibilities for environmental review, 
     decision making, and action pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     and other applicable Federal environmental laws including the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
     the National Historic Preservation Act of 1966 (54 U.S.C. 
     300101 et seq.) that would apply to the Administrator were 
     the Administrator to undertake projects under this section as 
     Federal projects so long as the participating entity carries 
     out such responsibilities in the same manner and subject to 
     the same requirements as if the Administrator carried out 
     such responsibilities.
       ``(f) Use of Funds.--
       ``(1) Types of assistance.--Amounts deposited in an entity 
     loan fund, including loan repayments and interest earned on 
     such amounts, may be used--
       ``(A) to make loans, on the condition that--
       ``(i) such loans are made at an interest rate of not more 
     than 1 percent;
       ``(ii) annual principal and interest payments will commence 
     not later than 1 year after completion of any project and all 
     loans made under this subparagraph will be fully amortized--

       ``(I) not later than 20 years after the date on which the 
     project is completed; or
       ``(II) for projects in a low-income geographic area, not 
     later than 30 years after the date on which the project is 
     completed and not longer than the expected design life of the 
     project;

       ``(iii) the loan recipient of a loan under this 
     subparagraph establishes a dedicated source of revenue for 
     repayment of the loan;
       ``(iv) the loan recipient of a loan under this subparagraph 
     has a hazard mitigation plan that has been approved by the 
     Administrator; and
       ``(v) the entity loan fund will be credited with all 
     payments of principal and interest on all loans made under 
     this subparagraph;
       ``(B) for mitigation efforts, in addition to mitigation 
     planning under section 322 not to exceed 10 percent of the 
     capitalization grants made to the participating entity in a 
     fiscal year;
       ``(C) for the reasonable costs of administering the fund 
     and conducting activities under this section, except that 
     such amounts shall not exceed $100,000 per year, 2 percent of 
     the capitalization grants made to the participating entity in 
     a fiscal year, or 1 percent of the value of the entity loan 
     fund, whichever amount is greatest, plus the amount of any 
     fees collected by the entity for such purpose regardless of 
     the source; and
       ``(D) to earn interest on the entity loan fund.
       ``(2) Prohibition on determination that loan is a 
     duplication.--In carrying out this section, the Administrator 
     may not determine that a loan is a duplication of assistance 
     or programs under this Act.
       ``(3) Projects and activities eligible for assistance.--
     Except as provided in this subsection, a participating entity 
     may use funds in the entity loan fund to provide financial 
     assistance for projects or activities that mitigate the 
     impacts of natural hazards including--
       ``(A) drought and prolonged episodes of intense heat;
       ``(B) severe storms, including hurricanes, tornados, wind 
     storms, cyclones, and severe winter storms;
       ``(C) wildfires;
       ``(D) earthquakes;
       ``(E) flooding, including the construction, repair, or 
     replacement of a non-Federal levee or other flood control 
     structure, provided that the Administrator, in consultation 
     with the Army Corps of Engineers (if appropriate), requires 
     an eligible entity to determine that such levee or structure 
     is designed, constructed, and maintained in accordance with 
     sound engineering practices and standards equivalent to the 
     purpose for which such levee or structure is intended;
       ``(F) shoreline erosion;
       ``(G) high water levels; and
       ``(H) storm surges.
       ``(4) Zoning and land use planning changes.--A 
     participating entity may use not more than 10 percent of a 
     capitalization grant under this section to enable units of 
     local government to implement zoning and land use planning 
     changes focused on--
       ``(A) the development and improvement of zoning and land 
     use codes that incentivize and encourage low- impact 
     development, resilient wildland-urban interface land 
     management and development, natural infrastructure, green 
     stormwater management, conservation areas adjacent to 
     floodplains, implementation of watershed or greenway master 
     plans, and reconnection of floodplains;
       ``(B) the study and creation of agricultural risk 
     compensation districts where there is a desire to remove or 
     set-back levees protecting highly developed agricultural land 
     to mitigate for flooding, allowing agricultural producers to 
     receive compensation for assuming greater flood risk that 
     would alleviate flood exposure to population centers and 
     areas with critical national infrastructure;
       ``(C) the study and creation of land use incentives that 
     reward developers for greater reliance on low impact 
     development stormwater best management practices, exchange 
     density increases for increased open space and improvement of 
     neighborhood catch basins to mitigate urban flooding, reward 
     developers for including and augmenting natural 
     infrastructure adjacent to and around building projects 
     without reliance on increased sprawl, and reward developers 
     for addressing wildfire ignition; and
       ``(D) the study and creation of an erosion response plan 
     that accommodates river, lake, forest, plains, and ocean 
     shoreline retreating or bluff stabilization due to increased 
     flooding and disaster impacts.
       ``(5) Establishing and carrying out building code 
     enforcement.--A participating entity may use capitalization 
     grants under this section to enable units of local government 
     to establish and carry out the latest published editions of 
     relevant building codes, specifications, and standards for 
     the purpose of protecting the health, safety, and general 
     welfare of the building's users against disasters and natural 
     hazards.
       ``(6) Administrative and technical costs.--For each fiscal 
     year, a participating entity may use the amount described in 
     paragraph (1)(C) to--
       ``(A) pay the reasonable costs of administering the 
     programs under this section, including the cost of 
     establishing an entity loan fund; and
       ``(B) provide technical assistance to recipients of 
     financial assistance from the entity loan fund, on the 
     condition that such technical assistance does not exceed 5 
     percent of the capitalization grant made to such entity.
       ``(7) Limitation for single projects.--A participating 
     entity may not provide an amount equal to or more than 
     $5,000,000 to a single hazard mitigation project.
       ``(8) Requirements.--For fiscal year 2022 and each fiscal 
     year thereafter, the requirements of subchapter IV of chapter 
     31 of title 40, United States Code, shall apply to the 
     construction of projects carried out in whole or in part with 
     assistance made available by an entity loan fund authorized 
     by this section.
       ``(g) Intended Use Plans.--
       ``(1) In general.--After providing for public comment and 
     review, and consultation with appropriate government agencies 
     of the State or Indian tribal government, Federal agencies, 
     and interest groups, each participating entity shall annually 
     prepare and submit to the Administrator a plan identifying 
     the intended uses of the entity loan fund.
       ``(2) Contents of plan.--An entity intended use plan 
     prepared under paragraph (1) shall include--
       ``(A) the integration of entity planning efforts, including 
     entity hazard mitigation plans and other programs and 
     initiatives relating to mitigation of major disasters carried 
     out by such entity;
       ``(B) an explanation of the mitigation and resiliency 
     benefits the entity intends to achieve by--
       ``(i) reducing future damage and loss associated with 
     hazards;
       ``(ii) reducing the number of severe repetitive loss 
     structures and repetitive loss structures in the entity;
       ``(iii) decreasing the number of insurance claims in the 
     entity from injuries resulting from major disasters or other 
     natural hazards; and
       ``(iv) increasing the rating under the community rating 
     system under section 1315(b) of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4022(b)) for communities in the 
     entity;
       ``(C) information on the availability of, and application 
     process for, financial assistance from the entity loan fund 
     of such entity;
       ``(D) the criteria and methods established for the 
     distribution of funds;
       ``(E) the amount of financial assistance that the entity 
     anticipates apportioning;
       ``(F) the expected terms of the assistance provided from 
     the entity loan fund; and
       ``(G) a description of the financial status of the entity 
     loan fund, including short-term and long-term goals for the 
     fund.
       ``(h) Audits, Reports, Publications, and Oversight.--
       ``(1) Biennial entity audit and report.--Beginning not 
     later than the last day of the second fiscal year after the 
     receipt of payments under this section, and biennially 
     thereafter, any participating entity shall--
       ``(A) conduct an audit of the entity loan fund established 
     under subsection (c); and
       ``(B) provide to the Administrator a report including--
       ``(i) the result of any such audit; and
       ``(ii) a review of the effectiveness of the entity loan 
     fund of the entity with respect to meeting the goals and 
     intended benefits described in the intended use plan 
     submitted by the entity under subsection (g).
       ``(2) Publication.--A participating entity shall publish 
     and periodically update information about all projects 
     receiving funding from the entity loan fund of such entity, 
     including--
       ``(A) the location of the project;
       ``(B) the type and amount of assistance provided from the 
     entity loan fund;
       ``(C) the expected funding schedule; and
       ``(D) the anticipated date of completion of the project.
       ``(3) Oversight.--
       ``(A) In general.--The Administrator shall, at least every 
     4 years, conduct reviews and audits as may be determined 
     necessary or appropriate by the Administrator to carry out 
     the objectives of this section and determine the 
     effectiveness of the fund in reducing natural hazard risk.
       ``(B) GAO requirements.--A participating entity shall 
     conduct audits under paragraph

[[Page S7372]]

     (1) in accordance with the auditing procedures of the 
     Government Accountability Office, including generally 
     accepted government auditing standards.
       ``(C) Recommendations by administrator.--The Administrator 
     may at any time make recommendations for or require specific 
     changes to an entity loan fund in order to improve the 
     effectiveness of the fund.
       ``(i) Regulations or Guidance.--The Administrator shall 
     issue such regulations or guidance as are necessary to--
       ``(1) ensure that each participating entity uses funds as 
     efficiently as possible;
       ``(2) reduce waste, fraud, and abuse to the maximum extent 
     possible; and
       ``(3) require any party that receives funds directly or 
     indirectly under this section, including a participating 
     entity and a recipient of amounts from an entity loan fund, 
     to use procedures with respect to the management of the funds 
     that conform to generally accepted accounting standards.
       ``(j) Waiver Authority.--Until such time as the 
     Administrator issues final regulations to implement this 
     section, the Administrator may--
       ``(1) waive notice and comment rulemaking, if the 
     Administrator determines the waiver is necessary to 
     expeditiously implement this section; and
       ``(2) provide capitalization grants under this section as a 
     pilot program.
       ``(k) Liability Protections.--The Agency shall not be 
     liable for any claim based on the exercise or performance of, 
     or the failure to exercise or perform, a discretionary 
     function or duty by the Agency, or an employee of the Agency 
     in carrying out this section.
       ``(l) GAO Report.--Not later than 1 year after the date on 
     which the first entity loan fund is established under 
     subsection (c), the Comptroller General of the United States 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that examines--
       ``(1) the appropriateness of regulations and guidance 
     issued by the Administrator for the program, including any 
     oversight of the program;
       ``(2) a description of the number of the entity loan funds 
     established, the projects funded from such entity loan funds, 
     and the extent to which projects funded by the loan funds 
     adhere to any applicable hazard mitigation plans;
       ``(3) the effectiveness of the entity loan funds to lower 
     disaster related costs; and
       ``(4) recommendations for improving the administration of 
     entity loan funds.
       ``(m) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.
       ``(2) Agency.--The term `Agency' means the Federal 
     Emergency Management Agency.
       ``(3) Eligible entity.--The term `eligible entity' means--
       ``(A) a State; or
       ``(B) an Indian tribal government that has received a major 
     disaster declaration during the 5-year period ending on the 
     date of enactment of the STORM Act.
       ``(4) Hazard mitigation plan.--The term `hazard mitigation 
     plan' means a mitigation plan submitted under section 322.
       ``(5) Insular area.--The term `insular area' means Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and the United States Virgin Islands.
       ``(6) Low-income geographic area.--The term `low-income 
     geographic area' means an area described in paragraph (1) or 
     (2) of section 301(a) of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3161(a)).
       ``(7) Participating entity.--The term `participating 
     entity' means an eligible entity that has entered into an 
     agreement under this section.
       ``(8) Repetitive loss structure.--The term `repetitive loss 
     structure' has the meaning given the term in section 1370 of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4121).
       ``(9) Severe repetitive loss structure.--The term `severe 
     repetitive loss structure' has the meaning given the term in 
     section 1366(h) of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4104c(h)).
       ``(10) State.--The term `State' means any State of the 
     United States, the District of Columbia, and Puerto Rico.
       ``(11) Wildland-urban interface.--The term `wildland-urban 
     interface' has the meaning given the term in section 101 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
       ``(n) Authorization of Appropriations.--There are 
     authorized to be appropriated $100,000,000 for each of fiscal 
     years 2022 through 2023 to carry out this section.''.

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