[116th Congress Public Law 315]
[From the U.S. Government Publishing Office]
[[Page 4931]]
JOHNNY ISAKSON AND DAVID P. ROE, M.D.
VETERANS HEALTH CARE AND BENEFITS
IMPROVEMENT ACT OF 2020
[[Page 134 STAT. 4932]]
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 <<NOTE: Jan. 5, 2021 - [H.R. 7105]>> 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, <<NOTE: Johnny Isakson
and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act
of 2020.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> 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 134 STAT. 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 134 STAT. 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 134 STAT. 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 134 STAT. 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 134 STAT. 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) <<NOTE: Determination.>> 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 134 STAT. 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 134 STAT. 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) <<NOTE: Effective date. 38 USC 3311 note.>> 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) <<NOTE: 38 USC 3011 note.>> 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. <<NOTE: Time period.>> 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) <<NOTE: Public information. Web posting. Database.>> 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 134 STAT. 4940]]
``(i) an initial explanation of such requirements; and
``(ii) <<NOTE: Deadline.>> not later than 90 days after the
date on which any such requirements change, the updated
requirements.''.
(b) <<NOTE: 38 USC 3679 note.>> 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) <<NOTE: 38 USC 3485 note.>> 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) <<NOTE: Repeal.>> Conforming Amendment.--Section 7 of the
Student Veteran Coronavirus Response Act of 2020 (134 Stat. 634; Public
Law 116-140) <<NOTE: 38 USC 3680 note, 3699 note.>> is hereby repealed.
(d) <<NOTE: 38 USC 3680 note.>> 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 134 STAT. 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) <<NOTE: 38 USC 3313 note.>> 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) <<NOTE: Requirements.>> Verification of Enrollment.--(1) The
Secretary shall require--
``(A) <<NOTE: Deadlines. Determinations.>> 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) <<NOTE: 38 USC 3313 note.>> 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 134 STAT. 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) <<NOTE: 38 USC 3319 note.>> 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) <<NOTE: 38 USC 3672 note.>> 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. <<NOTE: 38 USC 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) <<NOTE: Determination.>> 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 134 STAT. 4943]]
``(G) <<NOTE: Review.>> 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 <<NOTE: 38 USC 3670
prec.>> 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) <<NOTE: 38 USC 3673 note.>> 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) <<NOTE: Deadlines.>> 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 134 STAT. 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) <<NOTE: Reports.>> 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 134 STAT. 4945]]
``(B) any other action against the educational institution
by any Federal or State government entity or by the educational
institution's accreditor.
``(7) <<NOTE: Definition.>> In this subsection, the term `risk-
based survey' means the risk-based survey developed under section 3673A
of this title.''.
(b) <<NOTE: 38 USC 3673 note.>> 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) <<NOTE: Waivers.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Reports.>> 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) <<NOTE: 38 USC 3672.>> 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) <<NOTE: 38 USC 3672 note.>> 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 134 STAT. 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) <<NOTE: 38 USC 3676 note.>> 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) <<NOTE: Definition.>> In this section, the term `risk-based
survey' means a risk-based survey developed under section 3673A(a) of
this title.''.
(b) <<NOTE: 38 USC 3679 note.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Designation.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions. Web posting.>> 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) <<NOTE: Guidelines.>> 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 134 STAT. 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) <<NOTE: Consultation.>> 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) <<NOTE: Waiver authority. Time period.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Public information. Summaries.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions. Determination.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Effective date. 38 USC 3679 note.>> 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 134 STAT. 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 134 STAT. 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 134 STAT. 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) <<NOTE: Definitions.>> 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 134 STAT. 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) <<NOTE: Compliance. Time period.>> 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) <<NOTE: Investigations.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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 134 STAT. 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) <<NOTE: Requirement. Reports.>> 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 134 STAT. 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) <<NOTE: Reviews.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Publication.>> 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) <<NOTE: Time period.>> Subject to subsection (i), any repeat
violation and final finding within five years of the first violation of
this section shall result in--
[[Page 134 STAT. 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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 134 STAT. 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) <<NOTE: Reports.>> 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) <<NOTE: Surveys.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Procedures.>> 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 134 STAT. 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 <<NOTE: 38 USC 3679
prec.>> 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) <<NOTE: Time period.>> 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) <<NOTE: 38 USC 3676 note.>> 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 134 STAT. 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 <<NOTE: Consultation. Procedures. Determination.>> 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) <<NOTE: Applicability. Effective date.>> This paragraph shall
apply with respect to a course or program of education closed or
discontinued before September 30, 2023.''.
(b) <<NOTE: 38 USC 3699 note.>> 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. <<NOTE: 38 USC 3699B.>> Treatment of certain for-
profit educational institutions
``(a) <<NOTE: Surveys. Time period.>> 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 <<NOTE: 38 USC 3670 prec.>> is amended by inserting after
the item relating to section 3699A the following new item:
``3699B. Treatment of certain for-profit educational institutions.''.
(c) <<NOTE: 38 USC 3699B note.>> 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 134 STAT. 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) <<NOTE: Surveys.>> 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) <<NOTE: 38 USC 3671 note.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 38 USC 3001 note prec.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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. <<NOTE: Time
period.>> 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) <<NOTE: Time periods.>> 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 134 STAT. 4962]]
training using educational assistance under the laws
administered by the Secretary;
(2) <<NOTE: Certification.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Ante, p. 632.>> is amended--
(1) <<NOTE: Time period.>> 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 <<NOTE: Ante, p. 633.>> is amended--
(1) <<NOTE: Time period.>> 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 134 STAT. 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. <<NOTE: 38 USC 3687 note.>> APPRENTICESHIP OR ON-JOB
TRAINING REQUIREMENTS.
(a) <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>>
Any excess hours applied to a different month under this
subparagraph may only be applied to one such month.
``(F) <<NOTE: Applicability.>> 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) <<NOTE: Definitions.>> 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 134 STAT. 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 <<NOTE: Ante, p. 221.>> 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) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 3699 note.>> 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, <<NOTE: Ante, p. 632.>> 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) <<NOTE: Ante, p. 632.>> 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) <<NOTE: Ante, p. 632.>> 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 134 STAT. 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) <<NOTE: 38 USC 5101 note.>> 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 134 STAT. 4968]]
(3) <<NOTE: 38 USC 5101 note.>> 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) <<NOTE: 38 USC 5101 note.>> 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) <<NOTE: Effective date. 38 USC 5101 note.>> 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) <<NOTE: Assessment.>> 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 134 STAT. 4969]]
(1) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 38 USC 5101 note.>> 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 134 STAT. 4970]]
``(i) <<NOTE: Time period.>> 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) <<NOTE: 38 USC 103 note.>> 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. <<NOTE: 38 USC 1922B.>> Service-disabled veterans
insurance
``(a) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> the veteran submits
the application for such insurance during the two-year
period following the date of such determination.
[[Page 134 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Reimbursement.>> 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 134 STAT. 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) <<NOTE: Web posting.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Time periods.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadlines.>> 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 134 STAT. 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 <<NOTE: 38 USC 1901 prec.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: 38 USC 1901 prec.>> 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 134 STAT. 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) <<NOTE: Web posting.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Waiver authority.>> 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 134 STAT. 4976]]
(c) <<NOTE: 38 USC 5101 note.>> 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) <<NOTE: 38 USC 5101 note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: Update.>> 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) <<NOTE: 38 USC 5101 note.>> 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. <<NOTE: Regulations.>> 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. <<NOTE: 38 USC 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 <<NOTE: 38 USC 5301 prec.>> 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) <<NOTE: 38 USC 5320 note.>> 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. <<NOTE: Effective dates. Deadlines. 38 USC 5701 note
prec.>> 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 134 STAT. 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) <<NOTE: Deadlines.>> 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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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 134 STAT. 4979]]
by subsection (a), including environmental sampling data
relative to any location covered by the study.
(e) <<NOTE: Deadline.>> 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. <<NOTE: 38 USC 1116 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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 134 STAT. 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) <<NOTE: Cost estimate. Review.>> 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) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment.>> An assessment of such other areas
as the Comptroller General considers appropriate to study.
(c) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: 38 USC 3701 note.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Regulations.>> 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 134 STAT. 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) <<NOTE: Notice.>> 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 <<NOTE: 38 USC 2301 prec.>> 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) <<NOTE: 38 USC 2308 note.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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 134 STAT. 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 <<NOTE: 38 USC 2301 prec.>> 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) <<NOTE: 38 USC 113 note.>> 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 134 STAT. 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) <<NOTE: Regulations. Procedures.>> 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) <<NOTE: 38 USC 2306 note.>> 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) <<NOTE: 38 USC 2306 note.>> 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 134 STAT. 4987]]
``(g)(1) <<NOTE: Grants.>> 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) <<NOTE: Regulations.>> 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 <<NOTE: 38 USC 2400
prec.>> 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) <<NOTE: 38 USC 2408 note.>> 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 134 STAT. 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) <<NOTE: Regulations.>> The Secretary shall prescribe
regulations to carry out this subsection.''.
(b) <<NOTE: 38 USC 2306 note.>> 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 134 STAT. 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) <<NOTE: Grants.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Regulations.>> 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 134 STAT. 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) <<NOTE: Ante, p. 587.>> 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 134 STAT. 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 <<NOTE: 38 USC 1701 prec.>> is amended by
striking the item relating to section 1730A and inserting the following:
``1730A. Prohibition on collection of copayments from certain
veterans.''.
(c) <<NOTE: 38 USC 1730A note.>> 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. <<NOTE: 38 USC 1701 note.>> 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) <<NOTE: Assessments.>> 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 134 STAT. 4992]]
(1) <<NOTE: Deadlines. Public information. Web postings.>>
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) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 1741 note.>> Additional Legislative or
Administrative Action.--
(1) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: 38 USC 6303 note.>> 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 134 STAT. 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 134 STAT. 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) <<NOTE: Regulations.>> 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. <<NOTE: Applicability.>> If such an agreement or contract
exists, its negotiated payment terms shall apply.
``(2)(A) <<NOTE: Deadline.>> 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) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 1786 note.>> Treatment of Certain Expenses
Already Incurred.--
(1) <<NOTE: Regulations. Reimbursements.>> 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) <<NOTE: Waiver authority.>> 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 134 STAT. 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. <<NOTE: 38 USC 1741 note.>> 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. <<NOTE: Regulations.>> --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 134 STAT. 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. <<NOTE: 38 USC 8110 note.>> 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) <<NOTE: Definition.>> 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. <<NOTE: 38 USC 7401 note.>> DEPARTMENT OF VETERANS
AFFAIRS PILOT PROGRAM FOR CLINICAL
OBSERVATION BY UNDERGRADUATE STUDENTS.
(a) <<NOTE: Time period. Effective date.>> 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 134 STAT. 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) <<NOTE: Requirements.>> 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) <<NOTE: Strategy.>> develop and implement a partnership
strategy with minority-serving institutions to encourage
referrals;
(4) <<NOTE: Procedures.>> create standardized procedures
for student observers;
[[Page 134 STAT. 4999]]
(5) <<NOTE: Website.>> create an online information page
about the pilot program on the internet website of the
Department;
(6) <<NOTE: Web posting. Deadline.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: 38 USC 1701 note.>> PROCESS AND REQUIREMENTS
FOR SCHEDULING APPOINTMENTS FOR HEALTH
CARE FROM DEPARTMENT OF VETERANS AFFAIRS
AND NON-DEPARTMENT HEALTH CARE.
(a) Process and Requirements.--
(1) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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. <<NOTE: 38 USC 1701 note.>> AUDITS REGARDING
SCHEDULING OF APPOINTMENTS AND
MANAGEMENT OF CONSULTATIONS FOR HEALTH
CARE FROM DEPARTMENT OF VETERANS AFFAIRS
AND NON-DEPARTMENT HEALTH CARE.
(a) <<NOTE: Deadlines.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Assessments.>> 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 134 STAT. 5002]]
(D) An assessment of whether consultations are
appropriately processed.
(E) <<NOTE: Data.>> 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) <<NOTE: Reviews.>> 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) <<NOTE: Recommenda- tions.>> An identification of such
recommendations for corrective action as the Secretary considers
necessary, including additional training, increased personnel,
and other resources.
(3) <<NOTE: Certification.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Determination.>> any other period of
time that the Secretary determines necessary to measure.
[[Page 134 STAT. 5003]]
(5) <<NOTE: Time periods.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Remediation plan.>> 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) <<NOTE: Assessment.>> 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 134 STAT. 5004]]
(D) <<NOTE: Assessment.>> 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. <<NOTE: 38 USC 1703 note.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> 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 134 STAT. 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) <<NOTE: Determination.>> any other period of
time that the Secretary determines necessary to measure.
(2) Submissions to congress.--
(A) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> Update.--Not less
frequently than biweekly, the Secretary shall update the
data submitted under subparagraph (A).
(c) Comptroller General Report.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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-- <<NOTE: Navy SEAL Bill Mulder Act of 2020.>> NAVY SEAL BILL
MULDER
SEC. 4001. <<NOTE: 38 USC 101 note.>> 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. <<NOTE: 38 USC 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) <<NOTE: Time periods.>> 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) <<NOTE: Deadline.>> Within 14 days after the
individual's completion of a qualifying period of duty described
in subsection (b).
[[Page 134 STAT. 5007]]
``(iii) An additional period prescribed under subparagraph
(B).
``(B)(i) <<NOTE: Determination. Regulations.>> 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) <<NOTE: Consultation.>> 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 134 STAT. 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 <<NOTE: 38 USC 1101 prec.>> 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. <<NOTE: 38 USC 2011 note.>> 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 134 STAT. 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) <<NOTE: Determination.>> for a period of
performance determined by the Secretary.
(5) <<NOTE: Waiver authority.>> 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 134 STAT. 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) <<NOTE: Waiver authority.>> 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 134 STAT. 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. <<NOTE: 38 USC 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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Grants. Determinations.>> 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 134 STAT. 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) <<NOTE: Analysis.>> 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 <<NOTE: 38 USC 2001 prec.>> 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) <<NOTE: Deadline. Federal Register, publication. 38 USC 2022A
note.>> 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 134 STAT. 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) <<NOTE: Cost estimate.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Determinations.>> 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 134 STAT. 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) <<NOTE: Waiver authority. Determination.>> 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) <<NOTE: Reports. Plans.>> 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) <<NOTE: Definition. Determination.>> 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) <<NOTE: Time period.>> 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) <<NOTE: 38 USC 2041 note.>> 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. <<NOTE: 38 USC 2003 note.>> 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 134 STAT. 5016]]
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report that includes the following:
(1) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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 134 STAT. 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) <<NOTE: Determination. Time period.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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. <<NOTE: 38 USC 4100 note.>> 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) <<NOTE: Determination.>> 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 134 STAT. 5019]]
(c) <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Consultation. Contracts.>> 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) <<NOTE: Review.>> 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) <<NOTE: Consultation. Determination.>> what the
Secretary, in consultation with the covered officials and
veterans service organizations, determine to be successful
outcomes for the Transition Assistance Program;
[[Page 134 STAT. 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Consultation. Time period.>> 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 134 STAT. 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Criteria.>> 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-- <<NOTE: Deborah Sampson Act of 2020.>> DEBORAH SAMPSON
SEC. 5001. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Deborah Sampson Act of 2020''.
[[Page 134 STAT. 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. <<NOTE: 38 USC 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) <<NOTE: Recommenda- tions.>> 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 134 STAT. 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determination. Notification. Deadline.>>
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) <<NOTE: Requirements.>> 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) <<NOTE: Determination.>> Other requirements as
determined by the Under Secretary for Health.
``(e) <<NOTE: Deadlines.>> Outreach.--The Chief Officer shall
ensure that--
[[Page 134 STAT. 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. <<NOTE: Analyses. 38 USC 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 134 STAT. 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) <<NOTE: Assessments.>> 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) <<NOTE: Time periods.>> 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 134 STAT. 5026]]
``(1) <<NOTE: Assessments.>> 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) <<NOTE: 38 USC 7310 note.>> 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 <<NOTE: 38 USC 7301 prec.>> 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) <<NOTE: 38 USC 7310A note.>> 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. <<NOTE: 38 USC 8110 note.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 5027]]
(B) <<NOTE: Assessments.>> 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. <<NOTE: 38 USC 1701 note.>> ESTABLISHMENT OF
ENVIRONMENT OF CARE STANDARDS AND
INSPECTIONS AT DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTERS.
(a) <<NOTE: Requirements.>> 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) <<NOTE: Public information. Reports.>> 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) <<NOTE: Remediation plan.>> a remediation plan.
(b) <<NOTE: Certification.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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. <<NOTE: 38 USC 3001 note prec.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Review.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Review.>> A review of the resources and
programming offered to woman veterans under such
section.
[[Page 134 STAT. 5030]]
(G) <<NOTE: Assessment.>> 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. <<NOTE: 38 USC 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) <<NOTE: Deadline.>> 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 134 STAT. 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 <<NOTE: 38 USC 1701
prec.>> 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) <<NOTE: 38 USC 1712A note.>> 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 134 STAT. 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment.>> 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 134 STAT. 5033]]
(A) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 38 USC 6303 note.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> An analysis of Department resources
for the furnishing of infertility services, including analysis
of Department workforce and non-Department providers.
(4) <<NOTE: Recommenda- tions.>> 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 134 STAT. 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. <<NOTE: 38 USC 8110 note.>> 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) <<NOTE: Appropriations authorization.>> 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. <<NOTE: 38 USC 1703 note.>> ESTABLISHMENT OF WOMEN
VETERAN TRAINING MODULE FOR NON-
DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE PROVIDERS.
(a) <<NOTE: Deadline.>> In General.--Not later than one year after
the date of the enactment of this Act, the Secretary of Veterans Affairs
shall
[[Page 134 STAT. 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) <<NOTE: Website.>> 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. <<NOTE: 38 USC 1701 note.>> STUDY ON STAFFING OF WOMEN
VETERAN PROGRAM MANAGER PROGRAM AT
MEDICAL CENTERS OF DEPARTMENT OF
VETERANS AFFAIRS AND TRAINING OF STAFF.
(a) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline. Consultation.>> 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 134 STAT. 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 134 STAT. 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. <<NOTE: 38 USC 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 134 STAT. 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) <<NOTE: Web posting.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Remediation plan.>> 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) <<NOTE: Survey.>> 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 134 STAT. 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) <<NOTE: Action plan.>> 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) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> An assessment of the
implementation of the training required in subsection (a)(2)(H).
``(F) <<NOTE: List. Determination.>> 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 134 STAT. 5041]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC 501 prec.>> 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) <<NOTE: 38 USC 533 note.>> 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. <<NOTE: 38 USC 6303 note.>> 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 134 STAT. 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) <<NOTE: Recommenda- tions.>> 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 134 STAT. 5043]]
SEC. 5305. <<NOTE: 38 USC 1720D note.>> STUDY AND TASK FORCE ON
VETERANS EXPERIENCING INTIMATE PARTNER
VIOLENCE OR SEXUAL ASSAULT.
(a) National Baseline Study.--
(1) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Consultation. Establishment.>> 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 134 STAT. 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) <<NOTE: Reviews. Recommenda- tions.>> 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 134 STAT. 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. <<NOTE: 38 USC 527 note.>> 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) <<NOTE: Publication. Determination.>> 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 134 STAT. 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 134 STAT. 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Update.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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. <<NOTE: 38 USC 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 <<NOTE: 38 USC 1101 prec.>> 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 134 STAT. 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 134 STAT. 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. <<NOTE: 38 USC 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, <<NOTE: 38 USC 1101 prec.>> 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 134 STAT. 5051]]
TITLE VI-- <<NOTE: Financial Refuge for Every Elderly Veteran Act of
2020.>> REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS
SEC. 6001. <<NOTE: 38 USC 101 note.>> 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. <<NOTE: Deadlines. 38 USC 1501 note.>> 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. <<NOTE: 38 USC 5101 note.>> OVERPAYMENTS OF PENSION TO
VETERANS RECEIVING PENSION FROM THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) <<NOTE: Time period. Updates.>> 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 134 STAT. 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) <<NOTE: Time periods.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Implementation plan.>> 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 134 STAT. 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. <<NOTE: 38 USC 1501 note.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Time period.>> The Secretary shall implement the
protocol by first conducting a one-year pilot program using the
protocol.
``(ii) <<NOTE: Assessment.>> 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. <<NOTE: 38 USC 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 134 STAT. 5055]]
``(4) <<NOTE: Consultation.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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 134 STAT. 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Public information. Web posting.>> 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 134 STAT. 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 <<NOTE: 38 USC 501 prec.>>
is amended by inserting after the item relating to section 546
the following new item:
``547. Advisory Committee on Tribal and Indian Affairs.''.
(b) <<NOTE: 38 USC 547 note.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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. <<NOTE: 38 USC 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) <<NOTE: Determination.>> The Secretary shall determine such
preference based on the percentage of the full-time employees of the
offeror who are veterans.
``(b) <<NOTE: Time period.>> 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) <<NOTE: Deadlines.>> 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 <<NOTE: 38 USC 8101 prec.>> 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 134 STAT. 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) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 6107 note.>> 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 134 STAT. 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) <<NOTE: Timelines. Determination.>> timelines
and milestones the Secretary determines feasible to
complete each corrective action.
(3) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions. Determination.>>
Recommendations of the Secretary regarding legislation or
funding the Secretary determines necessary to implement the
plan.
(8) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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 134 STAT. 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) <<NOTE: Summary.>> 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. <<NOTE: Deadline. 38 USC 515 note.>> 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. <<NOTE: 38 USC 309 note.>> 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 134 STAT. 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. <<NOTE: Deadlines. Time period.>> 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) <<NOTE: Certification.>> A certification of the
responsibility of the Chief Financial Officer for internal
financial controls of the Department.
(2) <<NOTE: Attestation.>> 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 134 STAT. 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) <<NOTE: 50 USC 3955 note.>> 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), <<NOTE: Ante, p. 706.>> by
striking ``Secretary of Defense'' and inserting ``Secretary
concerned''; and
(2) in paragraph (2)(C)(ii), <<NOTE: Ante, p. 707.>> by
striking ``Secretary of Defense'' and inserting ``Secretary
concerned''.
[[Page 134 STAT. 5064]]
(b) <<NOTE: 50 USC 3955 note.>> 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:
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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.
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