    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-315
    116th Congress

    An Act

    To provide flexibility for the Secretary of Veterans Affairs in caring
    for homeless veterans during a covered public health emergency, to
    direct the Secretary of <>  Veterans
    Affairs to carry out a retraining assistance program for unemployed
    veterans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This Act may be cited
    as the ``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.

    [[Page 4933]]

    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.

    [[Page 4934]]

    Sec. 2204. Provision of inscriptions for spouses and children on certain
    headstones and markers furnished by the Secretary of Veterans
    Affairs.
    Sec. 2205. Aid to counties for establishment, expansion, and improvement
    of veterans' cemeteries.
    Sec. 2206. Increase in maximum amount of grants to States, counties, and
    tribal organizations for operating and maintaining veterans'
    cemeteries.
    Sec. 2207. Provision of urns and commemorative plaques for remains of
    certain veterans whose cremated remains are not interred in
    certain cemeteries.
    Sec. 2208. Training of State and tribal veterans' cemetery personnel by
    National Cemetery Administration.

    TITLE III--HEALTH CARE

    Subtitle A--Health Care Generally

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

    Subtitle B--Scheduling and Consult Management

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

    TITLE IV--NAVY SEAL BILL MULDER

    Sec. 4001. Short title.

    Subtitle A--Service-connection and COVID-19

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

    Subtitle B--Assistance for Homeless Veterans

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

    [[Page 4935]]

    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.

    [[Page 4936]]

    Subtitle E--Benefits Matters

    Sec. 5501. Evaluation of service-connection of mental health conditions
    relating to military sexual trauma.
    Sec. 5502. Choice of sex of Department of Veterans Affairs medical
    examiner for assessment of claims for compensation relating
    to disability resulting from physical assault of a sexual
    nature, battery of a sexual nature, or sexual harassment.
    Sec. 5503. Secretary of Veterans Affairs report on implementing
    recommendations of Inspector General of Department of
    Veterans Affairs in certain report on denied posttraumatic
    stress disorder claims related to military sexual trauma.

    TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS

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

    TITLE VII--OTHER MATTERS

    Subtitle A--Administrative and Other Matters

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

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

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

    Subtitle C--Servicemembers Civil Relief

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

    SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with
    the Statutory Pay-As-You-Go Act of 2010, shall be determined

    [[Page 4937]]

    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).

    [[Page 4938]]

    ``(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'';

    [[Page 4939]]

    (B) in subsection (f), by striking ``section
    3311(b)(8)'' and inserting ``paragraph (8), (9), or (10)
    of section 3311 of this title''; and
    (C) in subsection (h)(2), by striking ``either
    section 3311(b)(8) or chapter 35'' and inserting
    ``either chapter 35 or paragraph (8), (9), or (10) of
    section 3311''.

    (c) <>  Applicability
    Date.--The amendments made by this section shall take effect immediately
    after the amendments made by section 105 of the Harry W. Colmery
    Veterans Educational Assistance Act of 2017 (Public Law 115-48) take
    effect and shall apply with respect to a quarter, semester, or term, as
    applicable, commencing on or after August 1, 2021.
    SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL-
    VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM
    OF DEPARTMENT OF VETERANS AFFAIRS.

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

    (b) <>  Effective Date.--The amendments
    made by subsection (a) shall take effect on the date that is two years
    after the date of the enactment of this Act.
    SEC. 1004. <>  PHASE OUT OF ALL-VOLUNTEER
    EDUCATIONAL ASSISTANCE PROGRAM.

    Subsection (a)(1)(A) of section 3011 of title 38, United States
    Code, is amended by striking ``after June 30, 1985'' and inserting
    ``during the period beginning July 1, 1985, and ending September 30,
    2030''.
    SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION.

    (a) In General.--Section 3679(c) of title 38, United States Code, is
    amended--
    (1) in paragraph (2)(A), by striking ``less than three years
    before the date of enrollment in the course concerned''; and
    (2) in paragraph (4)--
    (A) by striking ``It shall'' and inserting ``(A) It
    shall''; and
    (B) by adding at the end the following new
    subparagraph:

    ``(B) <>  To the
    extent feasible, the Secretary shall make publicly available on the
    internet website of the Department a database explaining any
    requirements described in subparagraph (A) that are established by a
    public institution of higher learning for an individual to be charged
    tuition and fees at a rate that is equal to or less than the rate the
    institution charges for tuition and fees for residents of the State in
    which the institution is located. The Secretary shall disapprove a
    course of education provided by such an institution that does not
    provide the Secretary--

    [[Page 4940]]

    ``(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''.

    [[Page 4941]]

    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

    [[Page 4942]]

    transfer the individual's entitlement to an eligible dependent
    or a combination of eligible dependents.
    ``(2) Definition of eligible dependent.--For purposes of
    this subsection, the term `eligible dependent' has the meaning
    given the term `dependent' under subparagraphs (A), (I), and (D)
    of section 1072(2) of title 10.''.

    (b) <>  Applicability.--The amendment made
    by subsection (a) shall apply with respect to educational assistance
    payable under chapter 33 of title 38, United States Code, before, on, or
    after the date that is 90 days after the date of the enactment of this
    Act.
    SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF EDUCATION
    MAY BE DISAPPROVED.

    (a) In General.--Section 3672(b)(2) of title 38, United States Code,
    is amended--
    (1) in subparagraph (A)(i), by inserting or ``or (D)'' after
    ``subparagraph (C)''; and
    (2) by adding at the end the following new subparagraph:

    ``(D) A program that is described in subparagraph (A)(i) of this
    paragraph and offered by an educational institution that is at risk of
    losing accreditation shall not be deemed to be approved for purposes of
    this chapter. For purposes of this subparagraph, an educational
    institution is at risk of losing accreditation if that educational
    institution has received from the relevant accrediting agency or
    association a notice described in section 3673(e)(2)(D) of this
    title.''.
    (b) <>  Effective Date.--The amendments
    made by subsection (a) shall take effect on August 1, 2021.
    SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTITUTIONS WITH APPROVED
    PROGRAMS: RISK-BASED SURVEYS.

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

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

    ``(2) At a minimum the scope determined under paragraph (1) shall
    include the following:
    ``(A) Rapid increase in veteran enrollment.
    ``(B) Rapid increase in tuition and fees.
    ``(C) Complaints tracked and published with the mechanism
    required by section 3698(b)(2) from students pursuing programs
    of education with educational assistance furnished under laws
    administered by the Secretary, based on severity or volume of
    the complaints.
    ``(D) Compliance with section 3680A(d)(1) of this title.
    ``(E) Veteran completion rates.
    ``(F) Indicators of financial stability.

    [[Page 4943]]

    ``(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

    [[Page 4944]]

    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

    [[Page 4945]]

    ``(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--

    [[Page 4946]]

    (1) by striking ``an accrediting agency'' both places it
    appears and inserting ``a specialized accrediting agency for
    programs of legal education''; and
    (2) by inserting before the period the following: ``, from
    which recipients of law degrees from such accredited programs
    are eligible to sit for a bar examination in any State''.

    (b) <>  Effective Date.--The amendments
    made by subsection (a) shall take effect on August 1, 2021.
    SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A COURSE
    FOR PURPOSES OF THE EDUCATIONAL
    ASSISTANCE PROGRAMS OF THE DEPARTMENT OF
    VETERANS AFFAIRS.

    (a) In General.--Section 3679 of title 38, United States Code, is
    amended--
    (1) by inserting ``(including failure to comply with a risk-
    based survey under this chapter or secure an affirmation of
    approval by the appropriate State approving agency following the
    survey)'' after ``requirements of this chapter''; and
    (2) by adding at the end the following new subsection:

    ``(f) <>  In this section, the term `risk-based
    survey' means a risk-based survey developed under section 3673A(a) of
    this title.''.

    (b) <>  Effective Date.--The amendment made
    by subsection (a) shall take effect on August 1, 2021.
    SEC. 1018. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS PARTICIPATING
    IN THE EDUCATIONAL ASSISTANCE PROGRAMS
    OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 3679 of title 38, United States Code, as
    amended by section 1017 of this title, is further amended by adding at
    the end the following new subsection:
    ``(f)(1) <>  Except as provided by paragraph
    (5), a State approving agency, or the Secretary when acting in the role
    of the State approving agency, shall take an action described in
    paragraph (4)(A) if the State approving agency or the Secretary, when
    acting in the role of the State approving agency, determines that an
    educational institution does not perform any of the following:
    ``(A) Prior to the enrollment of a covered individual in a
    course of education at the educational institution, provide the
    individual with a form that contains information personalized to
    the individual that describes--
    ``(i) the estimated total cost of the course,
    including tuition, fees, books, supplies, and any other
    additional costs;
    ``(ii) an estimate of the cost for living expenses
    for students enrolled in the course;
    ``(iii) the amount of the costs under clauses (i)
    and (ii) that are covered by the educational assistance
    provided to the individual under chapter 30, 31, 32, 33,
    or 35 of this title, or chapter 1606 or 1607 of title
    10, as the case may be;
    ``(iv) the type and amount of Federal financial aid
    not administered by the Secretary and financial aid
    offered by the institution that the individual may
    qualify to receive;
    ``(v) an estimate of the amount of student loan debt
    the individual would have upon graduation;
    ``(vi) information regarding graduation rates;
    ``(vii) job-placement rates for graduates of the
    course, if available;

    [[Page 4947]]

    ``(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

    [[Page 4948]]

    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.

    [[Page 4949]]

    ``(ii) Each State approving agency and the Secretary, when acting in
    the role of the State approving agency, shall adhere to the guidelines
    established under clause (i).
    ``(C) <>  The State approving agency, in
    consultation with the Secretary, or the Secretary when acting in the
    role of the State approving agency, may limit an action described in
    subparagraph (A)(ii) to individuals not enrolled at the educational
    institution before the period described in such subparagraph.

    ``(5)(A) <>  The Secretary may
    waive the requirements of paragraph (1) or waive the requirements of
    paragraph (2) with respect to an educational institution for a 1-
    academic-year period beginning in August of the year in which the waiver
    is made. A single educational institution may not receive waivers under
    this paragraph for more than 2 consecutive academic years.

    ``(B) To be considered for a waiver under this paragraph, an
    educational institution shall submit to the Secretary an application
    prior to the first day of the academic year for which the waiver is
    sought.
    ``(6) <>  Not later than October 1 of each year, the
    Secretary shall submit to the Committee on Veterans' Affairs of the
    Senate and the Committee on Veterans' Affairs of the House of
    Representatives the following reports:
    ``(A) <>  A report,
    which shall be made publicly available, that includes the
    following:
    ``(i) A summary of each action described in
    paragraph (4)(A) made during the year covered by the
    report, including--
    ``(I) the name of the educational institution;
    ``(II) the type of action taken;
    ``(III) the rationale for the action,
    including how the educational institution was not
    in compliance with this subsection;
    ``(IV) the length of time that the educational
    institution was not in such compliance; and
    ``(V) <>  whether the
    educational institution was also not in compliance
    with this subsection during any of the 2 years
    prior to the year covered by the report.
    ``(ii) A summary and justifications for the waivers
    made under paragraph (5) during the year covered by the
    report, including the total number of waivers each
    educational institution has received.
    ``(B) <>  A report
    containing the recommendations of the Secretary with respect to
    any legislative actions the Secretary determines appropriate to
    ensure that this subsection is carried out in a manner that is
    consistent with the requirements that educational institutions
    must meet for purposes of other departments or agencies of the
    Federal Government.

    ``(7) <>  In this subsection, the term `covered
    individual' means an individual who is pursuing a course of education at
    an educational institution under chapter 30, 31, 32, 33, or 35 of this
    title, or chapter 1606 or 1607 of title 10.''.

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

    [[Page 4950]]

    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;

    [[Page 4951]]

    ``(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

    [[Page 4952]]

    ``(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.

    [[Page 4953]]

    ``(B) The term `misrepresentation' means any false,
    erroneous, or misleading statement, action, omission, or
    intimation made directly or indirectly to a student, a
    prospective student, the public, an accrediting agency, a State
    agency, or to the Secretary by an eligible institution, one of
    its representatives, or any person with whom the institution has
    an agreement to provide educational programs, marketing,
    advertising, recruiting or admissions services.
    ``(C) The term `substantial misrepresentation' means
    misrepresentation in which the person to whom it was made could
    reasonably be expected to rely, or has reasonably relied, to
    that person's detriment.

    ``(c) Limitation on Certain Commissions, Bonuses, and Other
    Incentive Payments.--An educational institution with a course or program
    of education approved under this chapter, and an entity that owns such
    an educational institution, shall not provide any commission, bonus, or
    other incentive payment based directly or indirectly on success in
    securing enrollments or financial aid to any persons or entities engaged
    in any student recruiting or admission activities or in making decisions
    regarding the award of student financial assistance.
    ``(d) <>  Requirement to Maintain
    Records.--(1) To ensure compliance with this section, any educational
    institution offering courses approved for the enrollment of eligible
    persons or veterans shall maintain a complete record of all advertising,
    sales, or enrollment materials (and copies thereof) utilized by or on
    behalf of the institution during the preceding two-year period. Such
    record shall be available for inspection by the State approving agency
    or the Secretary.

    ``(2) Such materials shall include but are not limited to any direct
    mail pieces, brochures, printed literature used by sales persons, films,
    video tapes, and audio tapes disseminated through broadcast media,
    material disseminated through print, digital, or electronic media, tear
    sheets, leaflets, handbills, fliers, and any sales or recruitment
    manuals used to instruct sales personnel, agents, or representatives of
    such institution.
    ``(e) <>  Agreement With Federal Trade
    Commission.--(1) The Secretary shall, pursuant to section 3694 of this
    title, enter into an agreement with the Federal Trade Commission to
    utilize, where appropriate, its services and facilities, consistent with
    its available resources, in carrying out investigations and making the
    Under Secretary of Benefit's preliminary findings under subsection
    (g)(1).

    ``(2) Such agreement shall provide that cases arising under
    subsection (a) of this section or any similar matters with respect to
    any of the requirements of this chapter or chapters 34 and 35 of this
    title may be referred to the Federal Trade Commission which in its
    discretion will conduct an investigation and make preliminary findings.
    ``(3) <>  The findings and results of any
    investigation under paragraph (2) shall be referred to the Under
    Secretary for Benefits, who shall take appropriate action under
    subsection (g) in such cases not later than 60 days after the date of
    such referral.

    ``(f) Final Judgments From Other Federal Agencies.--Whenever
    the <> Secretary becomes aware of a final judgment by
    a Federal agency against an educational institution or owner of an
    educational institution pertaining to substantial misrepresentation
    described in subsection (b) or of other credible evidence relating

    [[Page 4954]]

    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

    [[Page 4955]]

    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--

    [[Page 4956]]

    ``(i) a suspension of approval of new enrollments as
    described in subparagraph (A)(ii) of this paragraph until
    reinstatement under subsection (j); or
    ``(ii) a revocation of approval under this chapter as
    described in subparagraph (A)(iii) of this paragraph until
    reinstatement under subsection (j).

    ``(D) <>  Subject to subsection (i), any third
    violation within three years of the second violation of this section
    shall result in revocation of approval under this chapter as described
    in subparagraph (A)(iii) of this paragraph until reinstatement under
    subsection (j).

    ``(E) <>  Any action taken under subparagraph (A)
    of this paragraph regarding a violation of subsection (a), (c), or (d)
    by an educational institution or the owner of an educational institution
    shall be taken on or before the date that is 180 days after the date on
    which the Under Secretary provided notice to the educational institution
    or owner regarding the violation in accordance with the process
    established under subsection (g)(2)(B)(iii).

    ``(2) The factors set forth in this paragraph are the following:
    ``(A) That the Secretary's action brings sufficient
    deterrence for future fraud against students and the programs of
    education carried out under this title. Fraud against veterans
    must be met with a repercussion strong enough to send a
    deterrent message to this and other educational institutions and
    owners.
    ``(B) That the educational institution has secured an
    approved third-party auditor to verify the educational
    institution's, or owner's, advertising and enrollment practices
    for at least three years going forward.
    ``(C) That the educational institution or owner has
    repudiated the deceptive practices and has communicated to all
    employees that deceptive practices will not be tolerated, and
    has instituted strong governance procedures to prevent
    recurrence.
    ``(D) That the educational institution has taken steps to
    remove any pressure on its enrollment recruiters, including by
    removing enrollment quotas and incentives for enrollment.
    ``(E) That the State approving agency or the Secretary
    acting in the role of the State approving agency, has completed
    a risk-based survey and determined the educational institution
    is worthy of serving eligible veterans and eligible persons.

    ``(3) Enforcement action under this section shall not preclude
    enforcement action under section 3690 of this title.
    ``(4) No action may be carried out under this subsection with
    respect to a final determination by the Under Secretary under subsection
    (g) while such final determination is pending review under subsection
    (i).
    ``(i) Appeals.--(1) The Secretary shall establish a process by which
    an educational institution or the owner of an educational institution
    that is the subject of more than one final determination by the Under
    Secretary under subsection (g)(1) that the educational institution or
    owner violated subsection (a), may request a review of the most recent
    final determination.
    ``(2)(A) The Secretary shall--
    ``(i) <>  review each final determination for
    which a review is requested under paragraph (1); and
    ``(ii) pursuant to such review, issue a final decision
    sustaining, modifying, or overturning the final determination.

    [[Page 4957]]

    ``(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

    [[Page 4958]]

    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

    [[Page 4959]]

    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.

    [[Page 4960]]

    ``(2) For purposes of paragraph (1)(A), a State approving agency
    shall be considered to have properly conducted its enforcement and
    approval of courses and programs of education under this chapter if the
    State approving agency has--
    ``(A) met fulfilled its requirements pursuant to the
    applicable cooperative agreements between the State approving
    agency and the Department relating to the oversight and approval
    of courses and programs of education under this chapter; and
    ``(B) <>  completed a risk-based survey of
    any course or program of education determined to be of
    questionable quality or at risk by any Federal or State agency
    or any accrediting agency.

    ``(3) Outreach activities conducted under paragraph (1) shall be
    carried out using amounts derived from amounts not specifically
    appropriated to carry out this subsection.''.
    SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF STATE
    APPROVING AGENCIES.

    (a) In General.--Section 3671 of title 38, United States Code, is
    amended by adding at the end the following new subsection:
    ``(c) A State department or agency may not be recognized as a State
    approving agency designated under this section if such State department
    or agency is administered at or colocated with a university or
    university system whose courses or programs of education would be
    subject to approval under this chapter by the State approving agency in
    that State.''.
    (b) <>  Effective Date.--The amendment made
    by subsection (a) shall take effect on the date that is 180 days after
    the date of the enactment of this Act.
    SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING AND
    REHABILITATION FOR CERTAIN VETERANS WITH
    SERVICE-CONNECTED DISABILITIES.

    (a) In General.--Section 3103 of title 38, United States Code, is
    amended--
    (1) in subsection (a), by striking ``or (e)'' and inserting
    ``(e), or (g)''; and
    (2) by adding at the end the following new subsection:

    ``(g) <>  Subsection (a) shall not apply to a
    veteran who was discharged or released from active military, naval, or
    air service on or after January 1, 2013.''.

    (b) Conforming Amendment.--Section 6(c) of the Student Veteran
    Coronavirus Response Act of 2020 (134 Stat. 633; Public Law 116-140) is
    amended by striking paragraph (1).

    Subtitle B--Pandemic Assistance

    SEC. 1101. <>  DEFINITIONS.

    In this subtitle:
    (1) Covered program of education.--The term ``covered
    program of education'' means a program of education (as defined
    in section 3002 of title 38, United States Code) approved by a
    State approving agency, or the Secretary of Veterans Affairs
    when acting in the role of a State approving agency.
    (2) COVID-19 emergency.--The term ``COVID-19 emergency''
    means the public health emergency declared pursuant to section
    319 of the Public Health Service Act on January

    [[Page 4961]]

    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

    [[Page 4962]]

    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.

    [[Page 4963]]

    (c) Housing Assistance.--In this section, educational assistance
    includes, as applicable--
    (1) monthly housing stipends payable under chapter 33 of
    title 38, United States Code, for any month the individual would
    have been enrolled in a course or program of education; and
    (2) payments or subsistence allowances under chapters 30,
    31, 32, and 35 of such title and chapter 1606 of title 10,
    United States Code, during a month the individual would have
    been enrolled in a course or program of education.

    (d) Period Not Charged.--The period for which, by reason of this
    subsection, educational assistance is not charged against entitlement or
    counted toward the applicable aggregate period under section 3695 of
    title 38, United States Code, shall not exceed the aggregate of--
    (1) the portion of the period of enrollment in the course
    from which the individual did not receive credit or with respect
    to which the individual lost training time, as determined under
    subsection (b)(2); and
    (2) the period by which a monthly stipend is extended under
    section 3680(a)(2)(B) of title 38, United States Code.

    (e) Continuing Pursuit of Disapproved Courses.--
    (1) <>  In general.--The Secretary may
    treat a course of education that is disapproved under chapter 36
    of title 38, United States Code, as being approved under such
    chapter with respect to an individual described in paragraph (2)
    if the Secretary determines, on a programmatic basis, that--
    (A) such disapproval is the result of an action
    described in subsection (b)(1)(B); and
    (B) continuing pursuing such course is in the best
    interest of the individual.
    (2) Individual described.--An individual described in this
    paragraph is an individual who is pursuing a course of education
    at an educational institution under chapter 30, 31, 32, 33, or
    35 of title 38, United States Code, or chapter 1606 of title 10,
    United States Code, as of the date on which the course is
    disapproved as described in subsection (b)(1)(B).

    (f) Status as Full-Time Student for Purposes of Housing Stipend
    Calculation.--In the case of an individual who, as of the first day of
    the COVID-19 emergency was enrolled on a full-time basis in a program of
    education and was receiving educational assistance under chapter 33 of
    title 38, United States Code, or subsistence allowance under chapter 31
    of such title, and for whom the Secretary makes a determination under
    subsection (b), the individual shall be treated as an individual
    enrolled in a program of education on a full-time basis for the purpose
    of calculating monthly housing stipends payable under chapter 33 of
    title 38, United States Code, or subsistence allowance payable under
    chapter 31 of such title, for any month the individual is enrolled in
    the program of education on a part-time basis to complete any course of
    education that was partially or fully canceled by reason of the COVID-19
    emergency.
    (g) <>  Notice of Closures.--Not later than 5
    business days after the date on which the Secretary receives notice that
    an educational institution will close or is closed by reason of the
    COVID-19 emergency, the Secretary shall provide to each individual who
    is enrolled in a course or program of education at such educational

    [[Page 4964]]

    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

    [[Page 4965]]

    (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.''.

    [[Page 4966]]

    (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

    [[Page 4967]]

    ``(2) be counted against the aggregate period for which
    section 3695 of this title 38, United States Code, limits the
    receipt of educational assistance by such eligible veteran or
    eligible person.''.

    TITLE II--BENEFITS

    Subtitle A--Benefits Generally

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

    Section 101(29)(A) of title 38, United States Code, is amended by
    striking ``February 28, 1961'' and inserting ``November 1, 1955''.
    SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS
    MEDICAL DISABILITY EXAMINATIONS.

    (a) Temporary Clarification of Licensure Requirements for Contractor
    Medical Professionals to Perform Medical Disability Examinations for the
    Department of Veterans Affairs Under Pilot Program for Use of Contract
    Physicians for Disability Examinations.--
    (1) In general.--Subsection (c) of section 504 of the
    Veterans' Benefits Improvements Act of 1996 (Public Law 104-275;
    38 U.S.C. 5101 note) is amended to read as follows:

    ``(c) Licensure of Contract Health Care Professionals.--
    ``(1) In general.--Notwithstanding any law regarding the
    licensure of health care professionals, a health care
    professional described in paragraph (2) may conduct an
    examination pursuant to a contract entered into under subsection
    (a) at any location in any State, the District of Columbia, or a
    Commonwealth, territory, or possession of the United States, so
    long as the examination is within the scope of the authorized
    duties under such contract.
    ``(2) Health care professional described.--A health care
    professional described in this paragraph is a physician,
    physician assistant, nurse practitioner, audiologist, or
    psychologist, who--
    ``(A) has a current unrestricted license to practice
    the health care profession of the physician, physician
    assistant, nurse practitioner, audiologist, or
    psychologist, as the case may be;
    ``(B) is not barred from practicing such health care
    profession in any State, the District of Columbia, or a
    Commonwealth, territory, or possession of the United
    States; and
    ``(C) is performing authorized duties for the
    Department of Veterans Affairs pursuant to a contract
    entered into under subsection (a).''.
    (2) <>  Purpose.--The purpose of
    the amendment made by paragraph (1) is to expand the license
    portability for physicians assistants, nurse practitioners,
    audiologists, and psychologists to supplement the capacity of
    employees of the Department to provide medical examinations
    described in subsection (b).

    [[Page 4968]]

    (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.--

    [[Page 4969]]

    (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--

    [[Page 4970]]

    ``(i) <>  for one year or more prior to
    the veteran's death; or
    ``(ii) for any period of time if a child was born of the
    marriage, or was born to them before the marriage.

    ``(C) No special pension shall be paid to a surviving spouse of a
    person under this section if such surviving spouse is receiving benefits
    under section 1311 or 1318 of this title.''.
    (2) Conforming amendments.--
    (A) In general.--Such section is amended--
    (i) in subsection (d), by inserting ``or
    married to more than one person who has been
    awarded a medal of honor,'' after ``honor,''; and
    (ii) in subsection (f)(1), by striking ``this
    section'' and inserting ``paragraph (1) of
    subsection (a), or under paragraph (2) of such
    subsection in the case of a posthumous entry on
    the Army, Navy, Air Force, and Coast Guard Medal
    of Honor Roll,''.
    (B) Special provisions relating to marriages.--
    Section 103(d)(5) of such title is amended by adding at
    the end the following new subparagraph:
    ``(E) Section 1562(a)(2), relating to Medal of Honor special
    pension.''.
    (3) <>  Effective date.--The
    amendments made by this subsection shall apply with respect to
    payment of pension under section 1562 of title 38, United States
    Code, for months beginning after the date of the enactment of
    this Act.
    SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS INSURANCE.

    (a) Establishment of Modernized Program.--
    (1) In general.--Chapter 19 of title 38, United States Code,
    is amended by inserting after section 1922A the following new
    section:
    ``Sec. 1922B. <>  Service-disabled veterans
    insurance

    ``(a) <>  Insurance.--(1) Beginning January
    1, 2023, the Secretary shall carry out a service-disabled veterans
    insurance program under which a veteran is granted insurance by the
    United States against the death of such individual occurring while such
    insurance is in force.

    ``(2) The Secretary may only issue whole-life policies under the
    insurance program under paragraph (1).
    ``(3) The Secretary may not grant insurance to a veteran under
    paragraph (1) unless--
    ``(A) the veteran submits the application for such insurance
    before the veteran attains 81 years of age; or
    ``(B) with respect to a veteran who has attained 81 years of
    age--
    ``(i) the veteran filed a claim for compensation
    under chapter 11 of this title before attaining such
    age;
    ``(ii) <>  based on such
    claim, and after the veteran attained such age, the
    Secretary first determines that the veteran has a
    service-connected disability; and
    ``(iii) <>  the veteran submits
    the application for such insurance during the two-year
    period following the date of such determination.

    [[Page 4971]]

    ``(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--

    [[Page 4972]]

    ``(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.

    [[Page 4973]]

    ``(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.

    [[Page 4974]]

    ``(4) The Secretary may not make an insurance payment under this
    section if such payment will escheat to a State.
    ``(5) Any payment under this subsection shall be a bar to recovery
    by any other person.''.
    (2) Clerical amendment.--The table of sections at the
    beginning of such chapter <>  is
    amended by inserting after the item relating to section 1922A
    the following new item:

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

    (b) Sunset of Previous Program and Transition.--
    (1) S-DVI.--Section 1922 of such title is amended by adding
    at the end the following new subsection:

    ``(d)(1) The Secretary may not accept any application by a veteran
    to be insured under this section after December 31, 2022.
    ``(2)(A) <>  During the period beginning
    January 1, 2023, and ending December 31, 2025, a veteran who is insured
    under this section may elect to instead be insured under section 1922B
    of this title based on the age of the veteran at the time of such
    election.

    ``(B)(i) A veteran who elects under subparagraph (A) to be insured
    under section 1922B of this title shall be subject to the two-year
    waiting period specified in subsection (c) of such section.
    ``(ii) If the veteran dies during such period, the Secretary shall
    pay the beneficiary under this section, and, if applicable, under
    section 1922A, plus the amount of premiums paid by the veteran under
    such section 1922B, plus interest.
    ``(3) Except as provided by paragraph (2)(B), a veteran may not be
    insured under this section and section 1922B simultaneously.''.
    (2) Supplemental s-dvi.--Section 1922A(b) of such title is
    amended by adding after the period at the end the following:
    ``The Secretary may not accept any such application after
    December 31, 2022. Except as provided by section 1922(d)(2)(B),
    a veteran may not have supplemental insurance under this section
    and be insured under section 1922B simultaneously.''.

    (c) Conforming Amendments.--Chapter 19 of such title is amended--
    (1) in the section heading of section 1922, by striking
    ``Service'' and inserting ``Legacy service'';
    (2) in the section heading of section 1922A, by striking
    ``Supplemental'' and inserting ``Legacy supplemental''; and
    (3) <>  in the table of sections
    at the beginning of such chapter by striking the items relating
    to sections 1922 and 1922A and inserting the following new
    items:

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

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

    Section 1980A of title 38, United States Code, is amended by adding
    at the end the following new subsection:
    ``(l)(1) If a claim for benefits under this section is denied, the
    Secretary concerned shall provide to the member at the same time as the
    member is informed of such denial a description of the following:

    [[Page 4975]]

    ``(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).

    [[Page 4976]]

    (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)--

    [[Page 4977]]

    (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

    [[Page 4978]]

    the Department of Veterans Affairs, or a successor system; and
    (2) such removal takes effect not later than 60 days after
    the date on which the recipient elects such removal.
    SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION
    FOR SURVIVING SPOUSES WHO REMARRY AFTER
    AGE 55.

    Section 103(d)(2)(B) of title 38, United States Code, is amended in
    the second sentence by inserting ``chapter 13 or'' after ``benefits
    under''.
    SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES TO
    TOXICANTS AT KARSHI-KHANABAD AIR BASE IN
    UZBEKISTAN.

    (a) <>  Agreement and Study.--Not later than 60
    days after the date of the enactment of this Act, the Secretary of
    Veterans Affairs shall enter into an agreement with the Administrator of
    the Agency for Toxic Substances and Disease Registry for the
    Administrator to complete, not later than 10 years after the date of the
    enactment of this Act, a study to identify--
    (1) incidents of cancer and other diseases or illnesses
    experienced by individuals who served in the active military,
    naval, or air service (as defined in section 101 of title 38,
    United States Code) in the covered location set forth under
    subsection (b) during the corresponding period set forth under
    such subsection; and
    (2) <>  a list of toxic substances, chemicals,
    ionizing radiation, and airborne hazards such individuals may
    have been exposed to during such service.

    (b) Covered Location and Corresponding Period.--The covered location
    and corresponding period set forth under this subsection are Karshi-
    Khanabad (K2) Air Base in Uzbekistan and the period beginning on October
    1, 2001, and ending on September 30, 2005.
    (c) Elements.--The study conducted under subsection (a) shall
    include the following:
    (1) <>  An assessment regarding the
    conditions of the covered location set forth under subsection
    (b), including an identification of toxic substances, chemicals,
    ionizing radiation, and airborne hazards contaminating such
    covered location during such corresponding period.
    (2) An epidemiological study of the health consequences of
    the service described in subsection (a) to the individuals
    described in such subsection.

    (d) Support for Study.--
    (1) In general.--The Secretary shall provide the
    Administrator with assistance in carrying out the study required
    by subsection (a), including by gathering such information as
    the Administrator may consider useful in carrying out the study.
    (2) Obtaining information concerning exposure.--Assistance
    under paragraph (1) provided by the Secretary of Veterans
    Affairs shall include compiling information on exposure
    described in subsection (a)(2) and the Secretary of Defense
    shall provide to the Secretary of Veterans Affairs such
    information concerning such exposure as the Secretary of
    Veterans Affairs considers appropriate for purposes of the study
    required

    [[Page 4979]]

    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:

    [[Page 4980]]

    (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''.

    [[Page 4981]]

    Subtitle B--Housing

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

    (a) Expansion of Definition of Veteran for Purposes of Home Loans.--
    Section 3701(b) of title 38, United States Code, is amended by adding at
    the end the following new paragraph:
    ``(7) The term `veteran' also includes, for purposes of home
    loans, an individual who performed full-time National Guard duty
    (as that term is defined in section 101 of title 10) for a
    period--
    ``(A) of not less than 90 cumulative days; and
    ``(B) that includes 30 consecutive days.''.

    (b) Expansion of Eligibility.--Section 3702(a)(2) of such title is
    amended by adding at the end the following new subparagraph:
    ``(G) Each individual described in section 3701(b)(7) of
    this title.''.

    (c) <>  Retroactive Applicability.--The
    amendments made by this section shall apply with respect to full-time
    National Guard duty (as defined in section 101 of title 10, United
    States Code) performed before, on, or after the date of the enactment of
    this Act.
    SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED BY
    MAJOR DISASTERS.

    Section 3729(b)(4) of title 38, United States Code, is amended--
    (1) by amending subparagraph (D) to read as follows:
    ``(D)(i) <>  The term `initial loan'
    means a loan to a veteran guaranteed under section 3710 or made
    under section 3711 of this title if the veteran has never
    obtained a loan guaranteed under section 3710 or made under
    section 3711 of this title.
    ``(ii) If a veteran has obtained a loan guaranteed under
    section 3710 or made under section 3711 of this title and the
    dwelling securing such loan was substantially damaged or
    destroyed by a major disaster declared by the President under
    section 401 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5170), the Secretary shall
    treat as an initial loan, as defined in clause (i), the next
    loan the Secretary guarantees or makes to such veteran under
    section 3710 or 3711, respectively, if--
    ``(I) such loan is guaranteed or made before the
    date that is three years after the date on which the
    dwelling was substantially damaged or destroyed; and
    ``(II) <>  such loan is only
    for repairs or construction of the dwelling, as
    determined by the Secretary.''; and
    (2) in subparagraph (E), by striking ``if the veteran has
    previously obtained a loan guaranteed under section 3710 or made
    under section 3711 of this title'' and inserting ``that is not
    an initial loan''.
    SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES.

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

    [[Page 4982]]

    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

    [[Page 4983]]

    ``(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.

    [[Page 4984]]

    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

    [[Page 4985]]

    (iv) in subsection (d), as added by paragraph
    (1) of this subsection, by striking ``Except as''
    and inserting ``With respect to a deceased veteran
    described in subparagraph (B) or (C) of subsection
    (a)(2), except as''.

    (b) Conforming Amendments.--
    (1) Title 38.--Such title is amended as follows:
    (A) In section 2304, by striking ``Applications for
    payments under section 2302 of this title'' and
    inserting ``Applications for payments under section 2303
    of this title regarding veterans described in
    subparagraph (B) or (C) of subsection (a)(2) of such
    section''.
    (B) In section 2307, by striking ``sections 2302 and
    2303(a)(1) and (b)(2) of this title'' and inserting
    ``subsections (a)(1) and (b)(2) of section 2303 of this
    title''.
    (C) In section 2308--
    (i) in subsection (a), by striking ``pursuant
    to section 2302 or 2307 of this title,'' and
    inserting ``pursuant to section 2303 of this title
    regarding veterans described in subparagraph (B)
    or (C) of subsection (a)(2) of such section, or
    pursuant to section 2307 of this title,''; and
    (ii) in subsection (b)(3)--
    (I) by striking ``section 2302'' and
    inserting ``section 2303''; and
    (II) by striking ``subsection
    (a)(2)(A)'' and inserting ``subsection
    (a)(2)(C)''.
    (D) In section 113(c)(1), by striking ``2302,''.
    (E) In section 5101(a)(1)(B)(i), by striking
    ``2302'' and inserting ``2303''.
    (2) Emergency medical care.--Section 11 of the Military
    Selective Service Act (50 U.S.C. 3810) is amended by striking
    ``section 2302(a) of title 38'' and inserting ``section 2303 of
    title 38, United States Code, regarding veterans described in
    subparagraph (B) or (C) of subsection (a)(2) of such section''.

    (c) Clerical Amendment.--The table of sections at the beginning of
    chapter 23 of such title <>  is amended by
    striking the items relating to sections 2302 and 2303 and inserting the
    following new item:

    ``2303. Death from non-service-connected disability; plot allowance.''.

    (d) <>  Effective Date.--The amendments made
    by this section shall apply to deaths that occur on or after the date
    that is two years after the date of the enactment of this Act.
    SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN
    CEMETERIES THAT ARE THE SUBJECTS OF
    CERTAIN GRANTS MADE BY THE SECRETARY OF
    VETERANS AFFAIRS.

    (a) In General.--Section 2306(e) of title 38, United States Code, is
    amended--
    (1) in paragraph (1)--
    (A) in subparagraph (A)--
    (i) by striking ``shall'' and inserting
    ``may''; and
    (ii) by inserting ``, or in a cemetery that is
    the subject of a grant to a State or a tribal
    organization

    [[Page 4986]]

    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:

    [[Page 4987]]

    ``(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.

    [[Page 4988]]

    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 4989]]

    (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).

    [[Page 4990]]

    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'';

    [[Page 4991]]

    (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.--

    [[Page 4992]]

    (1) <>
    In general.--Not later than 30 days after the date of the
    enactment of this Act, and not less frequently than weekly
    thereafter, the Secretary shall post on a publicly available
    website of the Department of Veterans Affairs--
    (A) the total number of residents and staff of State
    homes who are infected with COVID-19; and
    (B) the total number of such residents and staff who
    have died from COVID-19.
    (2) Information on residents and staff.--The Secretary shall
    disaggregate information on residents and staff published under
    paragraph (1) by veteran, staff, and other.

    (c) Definitions.--In this section:
    (1) Covered public health emergency.--The term ``covered
    public health emergency'' means an emergency with respect to
    COVID-19 declared by a Federal, State, or local authority.
    (2) State home.--The term ``State home'' has the meaning
    given that term in section 101(19) of title 38, United States
    Code.
    SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS.

    (a) State Home Defined.--Section 101(19) of title 38, United States
    Code, is amended by inserting ``or Indian tribe (as defined in section 4
    of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
    5304))'' after ``(other than a possession)''.
    (b) Payments to State Homes.--Section 1741 of title 38, United
    States Code, is amended by adding at the end the following new
    subsection:
    ``(g) <>  In this subchapter, the term `State'
    means each of the several States and each Indian tribe (as defined in
    section 4 of the Indian Self-Determination and Education Assistance Act
    (25 U.S.C. 5304)).''.

    (c) State Home Construction.--
    (1) In general.--Section 8131(2) of title 38, United States
    Code, is amended by inserting ``includes each Indian tribe (as
    defined in section 4 of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5304)) but'' before ``does
    not''.
    (2) Conforming amendment.--Section 8132 of such title is
    amended by striking ``several''.

    (d) <>  Additional Legislative or
    Administrative Action.--
    (1) <>  Consultation with
    indian tribes.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Veterans Affairs shall
    consult with Indian tribes to determine if any legislative or
    administrative action is necessary to modify the State home
    program to function efficiently in support of State homes
    operated by Indian tribes pursuant to the amendments made by
    this section.
    (2) Report to congress.--Not later than 90 days after
    completing consultations under paragraph (1), the Secretary
    shall submit to the appropriate committees of Congress a report
    recommending legislative action that the Secretary considers
    appropriate to modify the State home program described in such
    paragraph in light of those consultations.
    (3) <>  Modifications.--Not later than 180
    days after completing consultations under paragraph (1), the
    Secretary shall make any modifications to regulations
    implementing the State home program, for which legislative
    action is not necessary,

    [[Page 4993]]

    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

    [[Page 4994]]

    (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

    [[Page 4995]]

    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.

    [[Page 4996]]

    (2) Period specified.--The period specified in this
    paragraph is the period beginning on May 5, 2010, and ending on
    the date of the enactment of this Act.
    (3) Covered entity defined.--In this subsection, the term
    ``covered entity'' has the meaning given that term in section
    1786(e)(3) of title 38, United States Code, as added by
    subsection (a).
    SEC. 3007. <>  WAIVER OF REQUIREMENTS OF
    DEPARTMENT OF VETERANS AFFAIRS FOR
    RECEIPT OF PER DIEM PAYMENTS FOR
    DOMICILIARY CARE AT STATE HOMES AND
    MODIFICATION OF ELIGIBILITY FOR SUCH
    PAYMENTS.

    (a) Waiver of Requirements. <> --Notwithstanding
    section 1741 of title 38, United States Code (as amended by subsection
    (b)), the Secretary of Veterans Affairs shall modify section 51.51(b) of
    title 38, Code of Federal Regulations (or successor regulations), to
    provide the Secretary the authority to waive the requirements under such
    section 51.51(b) for a veteran to be eligible for per diem payments for
    domiciliary care at a State home if--
    (1) the veteran has met not fewer than four of the
    requirements set forth in such section; or
    (2) such waiver would be in the best interest of the
    veteran.

    (b) Modification of Eligibility.--Section 1741(a)(1) of title 38,
    United States Code, is amended, in the flush text following subparagraph
    (B), by striking ``in a Department facility'' and inserting ``under the
    laws administered by the Secretary''.
    (c) State Home Defined.--In this section, the term ``State home''
    has the meaning given that term in section 101(19) of title 38, United
    States Code.
    SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON
    STAFFING AND VACANCIES AT FACILITIES OF
    THE DEPARTMENT OF VETERANS AFFAIRS TO
    INCLUDE INFORMATION ON DURATION OF
    HIRING PROCESS.

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

    [[Page 4997]]

    (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.

    [[Page 4998]]

    (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;

    [[Page 4999]]

    (5) <>  create an online information page
    about the pilot program on the internet website of the
    Department;
    (6) <>  publish on the online
    information page created under paragraph (5) the locations of
    such centers, and other information on the pilot program, not
    later than 180 days before the date on which applications are
    required to be submitted by potential student observers;
    (7) identify medical centers and specific health
    professionals participating in the pilot program; and
    (8) <>  notify the Committees
    on Veterans' Affairs of the House of Representatives and the
    Senate of the medical centers selected under subsection (c)
    within 30 days of selection, to facilitate program awareness.

    (f) Report.--Not later than 180 days after the completion of the
    pilot program under subsection (a), the Secretary shall submit to the
    Committees on Veterans' Affairs of the House of Representatives and the
    Senate a report on the results of the pilot program, including--
    (1) the number and demographics of all applicants, those
    accepted to participate in the pilot program, and those who
    completed the pilot program; and
    (2) if participating institutions of higher education choose
    to administer satisfaction surveys that assess the experience of
    those who completed the pilot program, the results of any such
    satisfaction surveys, provided at the discretion of the
    institution of higher education.

    (g) Sense of Congress Regarding Department of Veterans Affairs Pilot
    Program for Clinical Observation by Undergraduate Students.--It is the
    sense of Congress that the pilot program described in subsection (a)
    should be designed to--
    (1) increase the awareness, knowledge, and empathy of future
    health professionals toward the health conditions common to
    veterans;
    (2) increase the diversity of the recruitment pool of future
    physicians of the Department; and
    (3) expand clinical observation opportunities for all
    students by encouraging students of all backgrounds to consider
    a career in the health professions.

    (h) No Additional Funds Authorized.--No additional funds are
    authorized to be appropriated to carry out the requirements of this
    section. Such requirements shall be carried out using amounts otherwise
    authorized to be appropriated.

    Subtitle B--Scheduling and Consult Management

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

    (a) Process and Requirements.--
    (1) <>  In general.--Not later than 60 days
    after the date of the enactment of this Act, the Secretary of
    Veterans Affairs shall--
    (A) establish a process and requirements for
    scheduling appointments for--

    [[Page 5000]]

    (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--

    [[Page 5001]]

    (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.

    [[Page 5002]]

    (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.

    [[Page 5003]]

    (5) <>  With respect to referrals for
    non-Department health care originating from medical facilities
    of the Department, a measurement of, for each such facility
    covered by the audit--
    (A) the period of time between--
    (i) the date that a clinician of the
    Department determines that a veteran requires
    care, or a veteran presents to the Department
    requesting care, and the date that the referral
    for care is sent to a non-Department health care
    provider;
    (ii) the date that the referral for care is
    sent to a non-Department health care provider and
    the date that a non-Department health care
    provider accepts the referral;
    (iii) the date that a non-Department health
    care provider accepts the referral and the date
    that the referral to a non-Department health care
    provider is completed;
    (iv) the date that the referral to a non-
    Department health care provider is completed and
    the date that an appointment with a non-Department
    health care provider is made; and
    (v) the date that an appointment with a non-
    Department health care provider is made and the
    date that an appointment with a non-Department
    health care provider occurs; and
    (B) <>  any other period of
    time that the Secretary determines necessary to measure.

    (d) Conduct of Audit by Third Party.--Each audit conducted under
    subsection (a) with respect to a medical facility of the Department
    shall be conducted by an individual or entity that is not affiliated
    with the facility.
    (e) Transmittal to VHA.--Each audit conducted under subsection (a)
    shall be transmitted to the Under Secretary for Health of the Department
    so that the Under Secretary can--
    (1) strengthen oversight of the scheduling of appointments
    and management of consultations throughout the Department;
    (2) monitor national policy on such scheduling and
    management; and
    (3) <>  develop a remediation plan
    to address issues uncovered by those audits.

    (f) Annual Report.--
    (1) In general.--Not later than December 31 of each year in
    which an audit is conducted under subsection (a), the Secretary
    shall submit to the Committee on Veterans' Affairs of the Senate
    and the Committee on Veterans' Affairs of the House of
    Representatives a report on the audit conducted during that
    year.
    (2) Elements.--The Secretary shall include in each report
    required by paragraph (1)--
    (A) the nationwide results of the audit conducted
    under subsection (a);
    (B) the results of such audit with respect to each
    medical facility of the Department covered by such
    audit;
    (C) <>  an assessment of how the
    Department strengthened oversight of the scheduling of
    appointments and management of consultations at each
    such facility as a result of the audit;

    [[Page 5004]]

    (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;

    [[Page 5005]]

    (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--

    [[Page 5006]]

    (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).

    [[Page 5007]]

    ``(iii) An additional period prescribed under subparagraph
    (B).

    ``(B)(i) <>  If the Secretary
    determines that a manifestation period of more than 14 days after
    completion of a qualifying period of service is appropriate for the
    presumptions under paragraph (1), the Secretary may prescribe that
    additional period by regulation.

    ``(ii) <>  A determination under clause (i)
    shall be made in consultation with the Director of the Centers for
    Disease Control and Prevention.

    ``(b) Qualifying Period of Duty Described.--A qualifying period of
    duty described in this subsection is--
    ``(1) a period of active duty performed--
    ``(A) during the national emergency declared by the
    President under the National Emergencies Act (50 U.S.C.
    1601 et seq.); and
    ``(B) before the date that is three years after the
    date of the enactment of the Johnny Isakson and David P.
    Roe, M.D. Veterans Health Care and Benefits Improvement
    Act of 2020; or
    ``(2) training duty under title 10 or full-time National
    Guard duty (as defined in section 101 of title 10), performed
    under orders issued on or after March 13, 2020--
    ``(A) during the national emergency declared by the
    President under the National Emergencies Act (50 U.S.C.
    1601 et seq.); and
    ``(B) before the date that is three years after the
    date of the enactment of the Johnny Isakson and David P.
    Roe, M.D. Veterans Health Care and Benefits Improvement
    Act of 2020.

    ``(c) Application of Presumptions for Training Duty.--When, pursuant
    to subsection (a), COVID-19 is presumed to have been incurred during a
    qualifying period of duty described in subsection (b)(2)--
    ``(1) COVID-19 shall be deemed to have been incurred in the
    line of duty during a period of active military, naval, or air
    service; and
    ``(2) where entitlement to benefits under this title is
    predicated on the individual who was disabled or died being a
    veteran, benefits for disability or death resulting from COVID-
    19 as described in subsection (a) shall be paid or furnished as
    if the individual was a veteran, without regard to whether the
    period of duty would constitute active military, naval, or air
    service under section 101 of this title.

    ``(d) Symptoms of COVID-19.--For purposes of subsection (a),
    symptoms of COVID-19 are those symptoms that competent medical evidence
    demonstrates are experienced by an individual affected and directly
    related to COVID-19.
    ``(e) Medical Examinations and Opinions.--If there is a question of
    whether the symptoms experienced by an individual described in paragraph
    (1) of subsection (a) during a manifestation period described in
    paragraph (2) of such subsection are attributable to COVID-19 resulting
    from infection with SARS-CoV-2 during the qualifying period of duty, in
    determining whether a medical examination or medical opinion is
    necessary to make a decision on the claim within the meaning of section
    5103A(d) of this title, a qualifying period of duty described in
    subsection (b) of this section

    [[Page 5008]]

    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

    [[Page 5009]]

    (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.

    [[Page 5010]]

    (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

    [[Page 5011]]

    health care, patient and professional health-related
    education, public health, and health administration.
    (B) Technologies.--For purposes of subparagraph (A),
    ``telecommunications technologies'' include video
    conferencing, the internet, streaming media, and
    terrestrial and wireless communications.
    SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT
    RISK FOR HOMELESSNESS.

    (a) In General.--Subchapter III of chapter 20 of title 38, United
    States Code, is amended by inserting after section 2022 the following
    new section:
    ``Sec. 2022A. <>  Legal services for homeless
    veterans and veterans at risk for homelessness

    ``(a) Grants.--Subject to the availability of appropriations
    provided for such purpose, the Secretary shall award grants to eligible
    entities that provide legal services to homeless veterans and veterans
    at risk for homelessness.
    ``(b) Criteria.--(1) The Secretary shall--
    ``(A) establish criteria and requirements for grants under
    this section, including criteria for entities eligible to
    receive such grants; and
    ``(B) <>  publish such
    criteria and requirements in the Federal Register.

    ``(2) In establishing criteria and requirements under paragraph (1),
    the Secretary shall--
    ``(A) take into consideration any criteria and requirements
    needed with respect to carrying out this section in rural
    communities, on trust lands, and in the territories and
    possessions of the United States; and
    ``(B) <>  consult with organizations
    that have experience in providing services to homeless veterans,
    including--
    ``(i) veterans service organizations;
    ``(ii) the Equal Justice Works AmeriCorps Veterans
    Legal Corps; and
    ``(iii) such other organizations as the Secretary
    determines appropriate.

    ``(c) <>  Eligible Entities.--The
    Secretary may award a grant under this section to an entity applying for
    such a grant only if the applicant for the grant--
    ``(1) is a public or nonprofit private entity with the
    capacity (as determined by the Secretary) to effectively
    administer a grant under this section;
    ``(2) demonstrates that adequate financial support will be
    available to carry out the services for which the grant is
    sought consistent with the application;
    ``(3) agrees to meet the applicable criteria and
    requirements established under subsection (b)(1); and
    ``(4) has, as determined by the Secretary, demonstrated the
    capacity to meet such criteria and requirements.

    ``(d) Use of Funds.--Grants under this section shall be used to
    provide homeless veterans and veterans at risk for homelessness the
    following legal services:
    ``(1) Legal services relating to housing, including eviction
    defense, representation in landlord-tenant cases, and
    representation in foreclosure cases.

    [[Page 5012]]

    ``(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).

    [[Page 5013]]

    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

    [[Page 5014]]

    ``(BB) exceeds the rate that is 115 percent of the
    rate authorized for State homes for domiciliary care
    under subsection (a)(1)(A) of section 1741 of this
    title, as the Secretary may increase from time to time
    under subsection (c) of that section; and
    ``(bb) <>  may be determined on the
    basis of locality.

    ``(ii) In the case of services furnished to a homeless veteran who
    is placed in housing that will become permanent housing for the veteran
    upon termination of the furnishing of such services to such veteran, the
    maximum rate of per diem authorized under this section is 150 percent of
    the rate authorized for State homes for domiciliary care under
    subsection (a)(1)(A) of section 1741 of this title, as the Secretary may
    increase from time to time under subsection (c) of that section.''.
    (b) Reimbursement of Certain Fees.--Such section is further amended
    by adding at the end the following new subsection:
    ``(e) <>  Reimbursement of Entities for
    Certain Fees.--The Secretary may reimburse a recipient of a grant under
    section 2011, 2013, or 2061 of this title or a recipient of per diem
    payments under this section for fees charged to that grant or per diem
    payment recipient for the use of the homeless management information
    system described in section 402(f) of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11360a(f))--
    ``(1) in amounts the Secretary determines to be reasonable;
    and
    ``(2) if the Secretary determines that the grant or per diem
    payment recipient is unable to obtain information contained in
    such system through other means and at no cost to the grant or
    per diem payment recipient.''.
    SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF
    REFERRAL AND COUNSELING SERVICES FOR
    VETERANS AT RISK FOR HOMELESSNESS WHO
    ARE TRANSITIONING FROM CERTAIN
    INSTITUTIONS.

    (a) In General.--Section 2023 of title 38, United States Code, is
    amended--
    (1) by striking subsection (d); and
    (2) by redesignating subsection (e) as subsection (d).

    (b) Conforming Amendment.--Section 2021(a)(4) of such title is
    amended by striking ``section 2023(e)'' and inserting ``section
    2023(d)''.
    SEC. 4206. COORDINATION OF CASE MANAGEMENT SERVICES FOR VETERANS
    RECEIVING HOUSING VOUCHERS UNDER TRIBAL
    HOUSING AND URBAN DEVELOPMENT-VETERANS
    AFFAIRS SUPPORTIVE HOUSING PROGRAM.

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

    [[Page 5015]]

    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

    [[Page 5016]]

    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.''.

    [[Page 5017]]

    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--

    [[Page 5018]]

    (1) by striking ``During the two-year period beginning on
    the date of the enactment of this Act'' and inserting ``During
    the five-year period beginning on the date of the enactment of
    the Navy SEAL Bill Mulder Act of 2020''; and
    (2) by striking ``to assess the feasibility and advisability
    of providing such program to eligible individuals at locations
    other than military installations''.

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

    (c) Annual Report.--Subsection (e) of such section is amended by
    adding at the end the following new sentence: ``Each such report shall
    include information about the employment outcomes of the eligible
    individuals who received such training during the year covered by the
    report.''.
    (d) Conforming Repeal.--Subsection (f) of such section is repealed.
    SEC. 4304. <>  GRANTS FOR PROVISION OF
    TRANSITION ASSISTANCE TO MEMBERS OF THE
    ARMED FORCES AFTER SEPARATION,
    RETIREMENT, OR DISCHARGE.

    (a) In General.--The Secretary of Veterans Affairs shall make grants
    to eligible organizations for the provision of transition assistance to
    members of the Armed Forces who are separated, retired, or discharged
    from the Armed Forces, and spouses of such members.
    (b) <>  Use of Funds.--The recipient of a
    grant under this section shall use the grant to provide to members of
    the Armed Forces and spouses described in subsection (a) resume
    assistance, interview training, job recruitment training, and related
    services leading directly to successful transition, as determined by the
    Secretary.

    [[Page 5019]]

    (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;

    [[Page 5020]]

    (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

    [[Page 5021]]

    (3) a cohort that has not attended counseling under the
    Transition Assistance Program.

    (b) Progress Reports.--Not later than 90 days after the date that is
    one year after the date of the initiation of the study under subsection
    (a), and annually thereafter for the three subsequent years, the
    Secretary of Veterans Affairs, the Secretary of Defense, the Secretary
    of Labor, and the Administrator of the Small Business Administration
    shall jointly submit to the appropriate committees of Congress a
    progress report of activities under the study during the immediately
    preceding year.
    (c) Final Report.--
    (1) <>  In general.--Not later
    than 180 days after the completion of the study under subsection
    (a), the Secretary of Veterans Affairs, the Secretary of
    Defense, the Secretary of Labor, and the Administrator of the
    Small Business Administration shall jointly submit to the
    appropriate committees of Congress a report of final findings
    and recommendations based on the study.
    (2) Elements.--The final report under paragraph (1) shall
    include information regarding the following:
    (A) The percentage of each cohort that received
    unemployment benefits during the study under subsection
    (a).
    (B) The numbers of months members of each cohort
    were employed during the study.
    (C) Annual starting and ending salaries of members
    of each cohort who were employed during the study.
    (D) How many members of each cohort enrolled in an
    institution of higher learning, as that term is defined
    in section 3452(f) of title 38, United States Code.
    (E) The academic credit hours, degrees, and
    certificates obtained by members of each cohort during
    the study.
    (F) The annual income of members of each cohort.
    (G) The total household income of members of each
    cohort.
    (H) How many members of each cohort own their
    principal residences.
    (I) How many dependents members of each cohort have.
    (J) The percentage of each cohort that achieves a
    successful outcome for the Transition Assistance
    Program, as determined under section 136(a)(7).
    (K) <>  Other criteria the
    Secretaries and the Administrator of the Small Business
    Administration determine appropriate.

    (d) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
    (1) the Committee on Veterans' Affairs and the Committee on
    Armed Services of the Senate; and
    (2) the Committee on Veterans' Affairs and the Committee on
    Armed Services of the House of Representatives.

    TITLE V-- <> DEBORAH SAMPSON
    SEC. 5001. <>  SHORT TITLE.

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

    [[Page 5022]]

    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.

    [[Page 5023]]

    ``(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--

    [[Page 5024]]

    ``(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

    [[Page 5025]]

    ``(C) reasons why appointments could not be scheduled with
    non-Department medical providers.

    ``(d) Models of Care.--(1) Each report under subsection (a) shall
    include an analysis of the use by the Department of general primary care
    clinics, separate but shared spaces, and women's health centers as
    delivery of care models for women veterans.
    ``(2) <>  The analysis under paragraph (1) shall
    include the following:
    ``(A) The number of facilities of the Department that fall
    into each delivery of care model described in such paragraph,
    disaggregated by Veterans Integrated Service Network and State.
    ``(B) A description of the criteria used by the Department
    to determine which such model is most appropriate for each
    facility of the Department.
    ``(C) An assessment of how the Department decides to make
    investments to modify facilities to a different model.
    ``(D) A description of what, if any, plans the Department
    has to modify facilities from general primary care clinics to
    another model.
    ``(E) An assessment of whether any facilities could be
    modified to a separate but shared space for a women's health
    center within planned investments under the strategic capital
    investment planning process of the Department.
    ``(F) An assessment of whether any facilities could be
    modified to a separate or shared space or a women's health
    center with minor modifications to existing plans under the
    strategic capital investment planning process of the Department.
    ``(G) An assessment of whether the Department has a goal for
    how many facilities should fall into each such model.

    ``(e) Staffing.--Each report under subsection (a) shall include an
    analysis of the staffing of the Department relating to the treatment of
    women, including the following, disaggregated by Veterans Integrated
    Service Network and State (except with respect to paragraph (4)):
    ``(1) The number of women's health centers.
    ``(2) The number of patient aligned care teams of the
    Department relating to women's health.
    ``(3) The number of full- and part-time gynecologists of the
    Department.
    ``(4) The number of designated women's health care providers
    of the Department, disaggregated by facility of the Department.
    ``(5) <>  The number of health care
    providers of the Department who have completed a mini-residency
    for women's health care through the Women Veterans Health Care
    Mini-Residency Program of the Department during the one-year
    period preceding the submittal of the report and the number of
    mini-residency training slots for such program that are
    available during the one-year period following such date.
    ``(6) The number of designated women's health care providers
    of the Department who have sufficient women patient loads or
    case complexities to retain their competencies and
    proficiencies.

    ``(f) Accessibility and Treatment Options.--Each report under
    subsection (a) shall include an analysis of the accessibility and
    treatment options for women veterans, including the following:

    [[Page 5026]]

    ``(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.

    [[Page 5027]]

    (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:

    [[Page 5028]]

    ``(aa) Information on reintegration of the individual into
    family, employment, and community.
    ``(bb) Financial counseling.
    ``(cc) Occupational counseling.
    ``(dd) Information and counseling on stress reduction.
    ``(ee) Information and counseling on conflict resolution.
    ``(ff) Such other information and counseling as the
    Secretary considers appropriate to assist the individual in
    reintegration into family, employment, and community.

    ``(III) In furnishing reintegration and readjustment services under
    subclause (I), the Secretary shall offer women the opportunity to
    receive such services in group retreat settings in which the only
    participants are women.
    ``(IV) An individual described in subparagraph (C)(v) may receive
    reintegration and readjustment services under subclause (I) of this
    clause only if the individual receives such services with a family
    member described in subclause (I) or (II) of such subparagraph.
    ``(V) In each of fiscal years 2021 through 2025, the maximum number
    of individuals to whom integration and readjustment services may be
    furnished in group retreat settings under this subclause (I) shall not
    exceed 1,200 individuals.''.
    (b) Request for Services.--Subsection (a)(2) of such section is
    amended--
    (1) by striking ``Upon'' and inserting ``(A) Upon'';
    (2) by striking ``paragraph (1)(B)'' and inserting
    ``paragraph (1)(B)(i)''; and
    (3) by adding at the end the following new subparagraph:

    ``(B) <>  Upon the request of an individual
    described in paragraph (1)(C), the Secretary shall furnish the
    individual reintegration and readjustment services in group retreat
    settings under paragraph (1)(B)(ii) if the Secretary determines the
    experience will be therapeutically appropriate.''.
    SEC. 5105. <>  PROVISION OF LEGAL
    SERVICES FOR WOMEN VETERANS.

    (a) Agreement Required.--The Secretary of Veterans Affairs shall
    enter into one or more agreements with public or private entities to
    provide legal services to women veterans.
    (b) Focus.--The focus of an agreement entered into under subsection
    (a) shall be to address the following unmet needs of women veterans as
    set forth in the most recently completed Community Homelessness
    Assessment, Local Education and Networking Groups for Veterans (CHALENG
    for Veterans) survey:
    (1) Child support.
    (2) Prevention of eviction and foreclosure.
    (3) Discharge upgrades.
    (4) Financial guardianship.
    (5) Credit counseling.
    (6) Family reconciliation assistance.
    SEC. 5106. COMPTROLLER GENERAL SURVEYS AND REPORT ON SUPPORTIVE
    SERVICES PROVIDED FOR VERY LOW-INCOME
    WOMEN VETERANS.

    (a) Surveys.--
    (1) <>  Survey of women veterans.--The
    Comptroller General of the United States shall survey women
    veterans who have received or are receiving supportive services
    provided under section 2044 of title 38, United States Code, to
    determine

    [[Page 5029]]

    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.

    [[Page 5030]]

    (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.

    [[Page 5031]]

    ``(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

    [[Page 5032]]

    Affairs Child Care Subsidy Program established
    pursuant to section 630 of the Treasury and
    General Government Appropriations Act, 2002
    (Public Law 107-67; 115 Stat. 552).
    (ii) Payments to private child care agencies.
    (iii) Collaboration with facilities or
    programs of other Federal agencies.
    (iv) Such other forms of assistance as the
    Secretary considers appropriate.
    (B) Local area.--In providing child care assistance
    under the pilot program, the child care needs of the
    local area shall be considered and the head of each Vet
    Center may select the type of care that is most
    appropriate or feasible for such Vet Center.
    (C) Use of stipend.--In the case that child care
    assistance under the pilot program is provided as a
    stipend under subparagraph (A)(i), such stipend shall
    cover the full cost of such child care.
    (6) Duration.--The pilot program shall be carried out during
    the two-year period beginning on the date of the commencement of
    the pilot program.
    (7) Report.--
    (A) In general.--Not later than 180 days after the
    completion of the pilot program, the Secretary shall
    submit to Congress a report on the pilot program.
    (B) <>  Elements.--The
    report required by subparagraph (A) shall include the
    findings and conclusions of the Secretary regarding the
    pilot program, and shall include such recommendations
    for the continuation or expansion of the pilot program
    as the Secretary considers appropriate.
    (8) Vet center defined.--In this subsection, the term ``Vet
    Center'' has the meaning given that term in section 1712A(h) of
    title 38, United States Code.
    SEC. 5108. AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS FROM
    DEPARTMENT OF VETERANS AFFAIRS.

    (a) Access at Each Medical Facility.--Section 1714(a) of title 38,
    United States Code, is amended--
    (1) by striking ``(a) Any veteran'' and inserting ``(a)(1)
    Any veteran''; and
    (2) by adding at the end the following new paragraph:

    ``(2) In furnishing prosthetic appliances under paragraph (1), the
    Secretary shall ensure women veterans are able to access clinically
    appropriate prosthetic appliances through each medical facility of the
    Department.''.
    (b) Report.--
    (1) <>  In general.--Not later than one
    year after the date of the enactment of this Act, the Secretary
    of Veterans Affairs shall submit to the Committee on Veterans'
    Affairs of the Senate and the Committee on Veterans' Affairs of
    the House of Representatives a report on the availability from
    the Department of Veterans Affairs of prosthetics made for women
    veterans, including an assessment of the availability of such
    prosthetics at medical facilities of the Department.
    (2) Elements.--The report required by paragraph (1) shall
    include--

    [[Page 5033]]

    (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).

    [[Page 5034]]

    (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

    [[Page 5035]]

    establish and make available to community providers a training module
    that is specific to women veterans.

    (b) Training Materials Provided.--Under the training module
    established and made available to community providers under subsection
    (a), the Secretary shall provide to community providers the same
    training materials relating to treatment of women veterans that is
    provided to health care providers of the Department of Veterans Affairs
    to ensure that all health care providers treating women veterans have
    access to the same materials to support competency throughout the
    community.
    (c) <>  Administration of Training Module.--The
    Secretary shall administer the training module established under
    subsection (a) to community providers through an internet website of the
    Department.

    (d) Annual Report.--Not later than one year after the establishment
    of the training module under subsection (a), and annually thereafter,
    the Secretary shall submit to Congress a report on--
    (1) the utilization by community providers of the training
    module; and
    (2) the effectiveness of the training module.

    (e) Definitions.--In this section:
    (1) Community provider.--The term ``community provider''
    means a non-Department of Veterans Affairs health care provider
    who provides preauthorized health care to veterans under the
    laws administered by the Secretary of Veterans Affairs.
    (2) Preauthorized health care.--The term ``preauthorized
    health care'' means health care provided to a veteran that is
    authorized by the Secretary before being provided.
    SEC. 5204. <>  STUDY ON STAFFING OF WOMEN
    VETERAN PROGRAM MANAGER PROGRAM AT
    MEDICAL CENTERS OF DEPARTMENT OF
    VETERANS AFFAIRS AND TRAINING OF STAFF.

    (a) <>  Study.--The Secretary of Veterans
    Affairs shall conduct a study on the use of the Women Veteran Program
    Manager program of the Department of Veterans Affairs to determine--
    (1) if the program is appropriately staffed at each medical
    center of the Department;
    (2) whether each medical center of the Department is staffed
    with a Women Veteran Program Manager; and
    (3) whether it would be feasible and advisable to have a
    Women Veteran Program Ombudsman at each medical center of the
    Department.

    (b) Report.--Not later than 270 days after the date of the enactment
    of this Act, the Secretary shall submit to the Committee on Veterans'
    Affairs of the Senate and the Committee on Veterans' Affairs of the
    House of Representatives a report on the study conducted under
    subsection (a).
    (c) Training.--The Secretary shall ensure that all Women Veteran
    Program Managers and Women Veteran Program Ombudsmen receive the proper
    training to carry out their duties.
    SEC. 5205. STUDY ON WOMEN VETERAN COORDINATOR PROGRAM.

    (a) Study and Report Required.--Not later than 180 days after the
    date of the enactment of this Act, the Secretary of Veterans Affairs
    shall--

    [[Page 5036]]

    (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),

    [[Page 5037]]

    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''.

    [[Page 5038]]

    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

    [[Page 5039]]

    report incidents of harassment and sexual assault described in
    subparagraph (A) or (B) that the employees or contractors
    witness.
    ``(H) On an annual or more frequent basis, mandatory
    training for employees and contractors of the Department
    regarding how to report and address harassment and sexual
    assault described in subparagraphs (A) and (B), including
    bystander intervention training.
    ``(I) On an annual or more frequent basis, the distribution
    of the policy under this subsection and anti-harassment and
    anti-sexual assault educational materials by mail or email to
    each individual receiving a benefit under a law administered by
    the Secretary.
    ``(J) The prominent display of anti-harassment and anti-
    sexual assault messages in each facility of the Department,
    including how non-Department individuals may report harassment
    and sexual assault described in subparagraphs (A) and (B) at
    such facility and the points of contact under subsection (b).
    ``(K) <>  The posting on internet
    websites of the Department, including the main internet website
    regarding benefits of the Department and the main internet
    website regarding health care of the Department, of anti-
    harassment and anti-sexual assault banners specifically
    addressing harassment and sexual assault described in
    subparagraphs (A) and (B).

    ``(b) <>  Points of Contact.--The Secretary
    shall designate, as a point of contact to receive reports of harassment
    and sexual assault described in subparagraphs (A) and (B) of subsection
    (a)(2)--
    ``(1) at least one individual, in addition to law
    enforcement, at each facility of the Department (including Vet
    Centers under section 1712A of this title), with regard to that
    facility;
    ``(2) at least one individual employed in each Veterans
    Integrated Service Network, with regard to facilities in that
    Veterans Integrated Service Network;
    ``(3) at least one individual employed in each regional
    benefits office;
    ``(4) at least one individual employed at each location of
    the National Cemetery Administration; and
    ``(5) at least one individual employed at the Central Office
    of the Department to track reports of such harassment and sexual
    assault across the Department, disaggregated by facility.

    ``(c) Accountability.--(1) The Secretary shall establish a policy to
    ensure that each facility of the Department and each director of a
    Veterans Integrated Service Network is responsible for addressing
    harassment and sexual assault at the facility and the Network.
    ``(2) The policy required by paragraph (1) shall include--
    ``(A) <>  a remediation plan for
    facilities that experience five or more incidents of sexual
    harassment, sexual assault, or combination thereof, during any
    single fiscal year; and
    ``(B) taking appropriate actions under chapter 7 or
    subchapter V of chapter 74 of this title.

    ``(d) <>  Data.--The Secretary shall ensure that the
    in-take process for veterans at medical facilities of the Department
    includes a survey to collect the following information:

    [[Page 5040]]

    ``(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.''.

    [[Page 5041]]

    (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).

    [[Page 5042]]

    (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 5043]]

    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;

    [[Page 5044]]

    (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:

    [[Page 5045]]

    (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:

    [[Page 5046]]

    (1) The barriers associated with seeking mental health care
    services, including with respect to provider availability,
    telehealth access, and family, work, and school obligations.
    (2) The effect of driving distance or availability of other
    forms of transportation to the nearest medical facility on
    access to care.
    (3) The effect of access to care from non-Department
    providers.
    (4) The availability of child care.
    (5) The satisfaction of such veterans with the provision by
    the Department of integrated primary care, women's health
    clinics, or both, including perceptions of quality of care,
    safety, and comfort.
    (6) The understanding and perceived accessibility among such
    veterans of eligibility requirements for, and the scope of
    services available under, hospital care and medical services.
    (7) The perception of such veterans of personal safety and
    comfort in inpatient, outpatient, and behavioral health
    facilities.
    (8) The gender sensitivity of health care providers and
    staff to issues that particularly affect women.
    (9) The effectiveness of outreach for health care services
    available to women veterans.
    (10) The location and operating hours of health care
    facilities that provide services to women veterans.
    (11) The perception of such veterans of the motto of the
    Department.
    (12) Such other significant barriers as the Secretary
    considers appropriate.

    (e) Discharge by Contract.--The Secretary shall enter into a
    contract with a qualified independent entity or organization to carry
    out the study and research required under this section.
    (f) Mandatory Review of Data by Certain Department Divisions.--
    (1) Review.--
    (A) In general.--The Secretary shall ensure that the
    head of each division of the Department of Veterans
    Affairs specified in paragraph (2) reviews the results
    of the study conducted under this section.
    (B) Submittal of findings.--The head of each
    division specified in paragraph (2) shall submit
    findings with respect to the study under this section to
    the Under Secretary of the Department with
    responsibilities relating to health care services for
    women veterans.
    (2) Specified divisions.--The divisions of the Department of
    Veterans Affairs specified in this paragraph are the following:
    (A) The Office of the Under Secretary for Health.
    (B) The Office of Women's Health established under
    section 7310 of title 38, United States Code.
    (C) The Center for Women Veterans under section 318
    of such title.
    (D) The Advisory Committee on Women Veterans
    established under section 542 of such title.

    (g) Report.--
    (1) In general.--Not later than 30 months after the date of
    the enactment of this Act, the Secretary shall submit to
    Congress a report on the study required under this section.

    [[Page 5047]]

    (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

    [[Page 5048]]

    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

    [[Page 5049]]

    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

    [[Page 5050]]

    such term in section 1164(c) of title 38, United States
    Code.
    (C) Military sexual trauma.--The term ``military
    sexual trauma'' has the meaning given such term in such
    section.
    SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL
    EXAMINER FOR ASSESSMENT OF CLAIMS FOR
    COMPENSATION RELATING TO DISABILITY
    RESULTING FROM PHYSICAL ASSAULT OF A
    SEXUAL NATURE, BATTERY OF A SEXUAL
    NATURE, OR SEXUAL HARASSMENT.

    (a) In General.--Subchapter VI of chapter 11 of title 38, United
    States Code, as amended by section 5501 of this title, is further
    amended by inserting after section 1164, as added by section 5501, the
    following new section:
    ``Sec. 1165. <>  Choice of sex of medical
    examiner for certain disabilities

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

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

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

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

    [[Page 5051]]

    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.

    [[Page 5052]]

    (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.

    [[Page 5053]]

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

    (a) In General.--Not later than one year after the date of the
    enactment of this Act and not less frequently than once each year
    thereafter until the date that is four years after the date of the
    enactment of this Act, the Secretary of Veterans Affairs shall submit to
    the Committee on Veterans' Affairs of the Senate and the Committee on
    Veterans' Affairs of the House of Representatives a report on efforts to
    address the financial exploitation of individuals receiving pension
    under chapter 15 of title 38, United States Code.
    (b) Contents.--Each report required by subsection (a) shall include,
    for the period covered by the report, the following:
    (1) The number of individuals who received pension under
    chapter 15 of title 38, United States Code, who have been
    referred by any component of the Department of Veterans Affairs
    to the Office of Inspector General of the Department as likely
    or proven victims of financial exploitation.
    (2) The number of referrals and reports relating to the
    financial exploitation of such individuals made by the
    Department of Veterans Affairs to--
    (A) the Consumer Sentinel Network of the Federal
    Trade Commission; and
    (B) the Department of Justice.
    (3) A description of the actions taken as a result of such
    referrals and reports against--
    (A) individuals recognized by the Secretary as
    agents or attorneys under section 5904 of title 38,
    United States Code; and
    (B) individuals not so recognized.
    SEC. 6006. <>  NOTICE REGARDING FEES
    CHARGED IN CONNECTION WITH FILING AN
    APPLICATION FOR VETERANS PENSION.

    The Under Secretary for Benefits of the Department of Veterans
    Affairs shall ensure that every paper or electronic document relating to
    the receipt of pension under chapter 15 of title 38, United States Code,
    that is available to individuals who apply for such pension, including
    educational forms about or applications for such pension, includes a
    notice that the Department does not charge any fee in connection with
    the filing of an application for such pension.
    SEC. 6007. OUTREACH PLAN FOR EDUCATING VULNERABLE VETERANS ABOUT
    POTENTIAL FINANCIAL EXPLOITATION
    RELATING TO THE RECEIPT OF PENSION.

    (a) Development of Plan.--The Under Secretary for Benefits of the
    Department of Veterans Affairs shall develop, in collaboration with
    veterans service organizations, an outreach plan for educating
    vulnerable individuals about potential financial exploitation relating
    to the receipt of pension under chapter 15 of title 38, United States
    Code.
    (b) <>  Submission to Congress.--Not later than 180
    days after the date of the enactment of this Act, the Under Secretary
    shall submit to the Committee on Veterans' Affairs and the Special
    Committee on Aging of the Senate and the Committee on Veterans'

    [[Page 5054]]

    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.

    [[Page 5055]]

    ``(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.

    [[Page 5056]]

    ``(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

    [[Page 5057]]

    under subchapter I of chapter 57 of title 5 while away from the home or
    regular place of business of the member in the performance of the duties
    of the Committee.
    ``(i) Federal Advisory Committee Act Exemption.--Section 14 of the
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    Committee.
    ``(j) Definitions.--In this section:
    ``(1) The term `appropriate committees of Congress' means--
    ``(A) the Committee on Veterans' Affairs and the
    Committee on Indian Affairs of the Senate; and
    ``(B) the Committee on Veterans' Affairs and the
    Committee on Natural Resources of the House of
    Representatives.
    ``(2) The term `Indian tribe' has the meaning given such
    term in section 4 of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5304).
    ``(3) The term `Native Hawaiian organization' means any
    organization that--
    ``(A) serves the interests of Native Hawaiians;
    ``(B) has Native Hawaiians in substantive and
    policymaking positions within the organization;
    ``(C) has demonstrated experience working with
    Native Hawaiian veterans; and
    ``(D) shall include the Office of Hawaiian Affairs.
    ``(4) The term `Native American veteran' has the meaning
    given such term in section 3765 of this title.
    ``(5) The term `Office of Hawaiian Affairs' means the Office
    of Hawaiian Affairs established by the constitution of the State
    of Hawaii.''.
    ``(6) The term `tribal organization' has the meaning given
    such term in section 3765 of this title.
    ``(7) The term `urban Indian organization' has the meaning
    given such term in section 4 of the Indian Health Care
    Improvement Act (25 U.S.C. 1603).''.
    (2) Clerical amendment.--The table of sections at the
    beginning of chapter 5 of such title <>  is amended by inserting after the item relating to
    section 546 the following new item:

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

    (b) <>  Deadline for Establishment.--The
    Secretary of Veterans Affairs shall establish the advisory committee
    required by section 547 of title 38, United States Code, as added by
    subsection (a)(1), not later than 180 days after the date of the
    enactment of this Act.

    (c) Deadline for Initial Appointments.--Not later than 90 days after
    the date on which the Secretary establishes the advisory committee
    required by such section, the Secretary shall appoint members under
    subsection (b)(1) of such section.
    (d) <>  Initial Meeting.--Not later than 90 days
    after the date on which the Secretary establishes the advisory committee
    required by such section, such advisory committee shall hold its first
    meeting.

    (e) Report on Relation to Office of Tribal and Government
    Relations.--
    (1) In general.--Not later than two years after the date of
    the first meeting held by the advisory committee required by
    such section, the Secretary shall submit to Congress a report on
    whether and to what extent the activities of the advisory

    [[Page 5058]]

    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

    [[Page 5059]]

    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).

    [[Page 5060]]

    (2) Corrective actions and specific steps to address each
    root cause, including--
    (A) the progress of the Secretary in implementing
    those actions and steps; and
    (B) <>  timelines
    and milestones the Secretary determines feasible to
    complete each corrective action.
    (3) <>  Resources the Secretary
    determines are necessary to implement corrective actions,
    including--
    (A) funding;
    (B) stakeholders;
    (C) technology; and
    (D) senior officials responsible for implementing
    the corrective actions and reporting results.
    (4) Metrics for assessing progress in addressing the areas
    of concern described in paragraphs (1) and (2) of subsection
    (a).
    (5) Key outcomes that demonstrate progress in addressing the
    areas of concern described in paragraphs (1) and (2) of
    subsection (a).
    (6) Obstacles to implementation of the plan that the
    Secretary identifies.
    (7) <>
    Recommendations of the Secretary regarding legislation or
    funding the Secretary determines necessary to implement the
    plan.
    (8) <>  Any other information the
    Secretary determines is relevant to understanding the progress
    of the Department toward the removal of the areas of concern
    from the High Risk List.

    (c) Annual Updates.--
    (1) Update required.--Not less than once each year during
    the implementation period under paragraph (2), the Secretary
    shall submit to Congress an update regarding implementation of
    each element of the plan under subsection (b).
    (2) Implementation period.--The implementation period
    described in this paragraph begins on the date on which the
    Secretary submits the report required under subsection (a) and
    ends on the earlier of the following dates:
    (A) The date on which the Comptroller General
    removes the last area of concern for the Department from
    the most recent High-Risk List of the Government
    Accountability Office.
    (B) The date that is 8 years after the date on which
    the Secretary submits the plan required under subsection
    (a).
    SEC. 7008. ANNUAL REPORT BY SECRETARY OF VETERANS AFFAIRS ON
    IMPLEMENTATION OF PRIORITY
    RECOMMENDATIONS OF COMPTROLLER GENERAL
    OF THE UNITED STATES PERTAINING TO
    DEPARTMENT OF VETERANS AFFAIRS.

    (a) <>  Annual Report Required.--Not later than
    270 days after the date of the enactment of this Act, and not less than
    once during each of the subsequent 3 years, the Secretary of Veterans
    Affairs shall submit to the Committees on Veterans' Affairs of the
    Senate and House of Representatives and to the Comptroller General of
    the United States a report on the implementation of priority
    recommendations of the Comptroller General that pertain to the
    Department of Veterans Affairs.

    [[Page 5061]]

    (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--

    [[Page 5062]]

    (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

    [[Page 5063]]

    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''.

    [[Page 5064]]

    (b) <>  Retroactive Application.--The
    amendments made by this section shall apply to stop movement orders
    issued on or after March 1, 2020.

    Approved January 5, 2021.

    LEGISLATIVE HISTORY--H.R. 7105:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Sept. 23, considered and passed House.
    Dec. 9, considered and passed Senate, amended.
    Dec. 16, House concurred in Senate amendment.