II 

116TH CONGRESS 

2D SESSION S. 4511 

To make certain improvements in the laws administered by the Secretary 

of Veterans Affairs relating to education, burial benefits, and other 

matters, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2020 

Mr. MORAN (for himself, Mr. TILLIS, Mr. ROUNDS, Mr. BOOZMAN, Mr. 

DAINES, Ms. COLLINS, and Mr. LANKFORD) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To make certain improvements in the laws administered by 

the Secretary of Veterans Affairs relating to education, 

burial benefits, and other matters, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Veteran Benefits Enhancement and Expansion Act of 

6 2020’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—EDUCATION MATTERS 

Sec. 101. Expansion of eligibility for Fry Scholarship to children and spouses 

of certain deceased members of the Armed Forces. 

Sec. 102. Period for election to receive benefits under All-Volunteer Educational Assistance Program of Department of Veterans Affairs. 

Sec. 103. Phase out of All-Volunteer Educational Assistance Program. 

Sec. 104. Requirements for in-State tuition. 

Sec. 105. Expansion of authority for certain qualifying work-study activities for 

purposes of the educational assistance programs of the Department of Veterans Affairs to include outreach services provided 

through congressional offices. 

TITLE II—BURIAL MATTERS 

Sec. 201. Transportation of deceased veterans to veterans’ cemeteries. 

Sec. 202. Increase in certain funeral benefits under laws administered by the 

Secretary of Veterans Affairs. 

Sec. 203. Outer burial receptacles for each new grave in cemeteries that are the 

subjects of certain grants made by the Secretary of Veterans 

Affairs. 

Sec. 204. Provision of inscriptions for spouses and children on certain 

headstones and markers furnished by the Secretary of Veterans 

Affairs. 

TITLE III—REPRESENTATION AND FINANCIAL EXPLOITATION 

MATTERS 

Sec. 301. Short title. 

Sec. 302. Penalties for representing veterans as agents and attorneys without 

recognition by Secretary of Veterans Affairs. 

Sec. 303. Plan to address the financial exploitation of veterans receiving pension from the Department of Veterans Affairs. 

Sec. 304. Overpayments of pension to veterans receiving pension from the Department of Veterans Affairs. 

Sec. 305. Evaluation of additional actions for verifying direct deposit information provided by veterans on applications for veterans pension. 

Sec. 306. Annual report on efforts of Department of Veterans Affairs to address the financial exploitation of veterans receiving pension. 

Sec. 307. Notice regarding fees charged in connection with filing an application 

for veterans pension. 

Sec. 308. Outreach plan for educating vulnerable veterans about potential financial exploitation relating to the receipt of pension. 

TITLE IV—OTHER MATTERS 

Sec. 401. Eligibility of certain members of the reserve components of the 

Armed Forces for home loans from the Secretary of Veterans 

Affairs. 

Sec. 402. Extension of certain housing loan fees. 

Sec. 403. Clarification of licensure requirements for contractor medical professionals to perform medical disability examinations for the Department of Veterans Affairs. 

Sec. 404. Medal of Honor special pension for surviving spouses. 


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Sec. 405. Modernization of service-disabled veterans insurance. 

Sec. 406. Publication and acceptance of disability benefit questionnaire forms 

of Department of Veterans Affairs. 

Sec. 407. Determination of budgetary effects. 

1 TITLE I—EDUCATION MATTERS 

2 SEC. 101. EXPANSION OF ELIGIBILITY FOR FRY SCHOLAR3 SHIP TO CHILDREN AND SPOUSES OF CER4 TAIN DECEASED MEMBERS OF THE ARMED 

5 FORCES. 

6 (a) IN GENERAL.—Subsection (b) of section 3311 of 

7 title 38, United States Code, as amended by section 105 

8 of the Harry W. Colmery Veterans Educational Assistance 

9 Act of 2017 (Public Law 115–48), is further amended— 

10 (1) by redesignating paragraph (9) as para11 graph (11); and 

12 (2) by inserting after paragraph (8) the fol13 lowing new paragraphs (9) and (10): 

14 ‘‘(9) An individual who is the child or spouse of 

15 a person who, on or after September 11, 2001, dies 

16 in line of duty while serving on duty other than ac17 tive duty as a member of the Armed Forces. 

18 ‘‘(10) An individual who is the child or spouse 

19 of a member of the Selected Reserve who dies on or 

20 after September 11, 2001, while a member of the 

21 Selected Reserve from a service-connected dis22 ability.’’. 

23 (b) CONFORMING AMENDMENTS.— 


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1 (1) Subsection (f) of such section is amended 

2 by striking ‘‘paragraph (8)’’ each place it appears 

3 and inserting ‘‘paragraphs (8), (9), and (10)’’. 

4 (2) In section 3313(c)(1), by striking ‘‘(8), or 

5 (9)’’ and inserting ‘‘(8), (9), (10), or (11)’’. 

6 (3) In section 3317(a), in the second sentence, 

7 by striking ‘‘paragraphs (1), (2), (8), and (9)’’ and 

8 inserting ‘‘paragraphs (1), (2), (8), (9), (10), and 

9 (11)’’. 

10 (4) Section 3322 of such title is amended— 

11 (A) in subsection (e), by striking both 

12 ‘‘sections 3311(b)(8) and 3319’’ and inserting 

13 ‘‘section 3319 and paragraph (8), (9), or (10) 

14 of section 3311 of this title’’; 

15 (B) in subsection (f), by striking ‘‘section 

16 3311(b)(8)’’ and inserting ‘‘paragraph (8), (9), 

17 or (10) of section 3311 of this title’’; and 

18 (C) in subsection (h)(2), by striking ‘‘ei19 ther section 3311(b)(8) or chapter 35’’ and in20 serting ‘‘either chapter 35 or paragraph (8), 

21 (9), or (10) of section 3311’’. 

22 (c) APPLICABILITY DATE.—The amendments made 

23 by this section shall take effect immediately after the 

24 amendments made by section 105 of the Harry W. 

25 Colmery Veterans Educational Assistance Act of 2017 


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1 (Public Law 115–48) take effect and shall apply with re2 spect to a quarter, semester, or term, as applicable, com3 mencing on or after August 1, 2020. 

4 SEC. 102. PERIOD FOR ELECTION TO RECEIVE BENEFITS 

5 UNDER ALL-VOLUNTEER EDUCATIONAL AS6 SISTANCE PROGRAM OF DEPARTMENT OF 

7 VETERANS AFFAIRS. 

8 (a) IN GENERAL.—Section 3011 of title 38, United 

9 States Code, is amended— 

10 (1) in subsection (c)(1), by striking ‘‘Any such 

11 election shall be made at the time the individual ini12 tially enters on active duty as a member of the 

13 Armed Forces’’ and inserting ‘‘Any such election 

14 shall be made during the 90-day period beginning on 

15 the day that is 180 days after the date on which the 

16 individual initially enters initial training’’; and 

17 (2) in subsection (b)(1), by striking ‘‘that such 

18 individual is entitled to such pay’’ and inserting 

19 ‘‘that begin after the date that is 270 days after the 

20 date on which the individual initially enters initial 

21 training’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall take effect 180 days after the date 

24 of enactment of this Act. 


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1 SEC. 103. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL 

2 ASSISTANCE PROGRAM. 

3 Subsection (a)(1)(A) of section 3011 of title 38, 

4 United States Code, as amended by section 102, is further 

5 amended by striking ‘‘after June 30, 1985’’ and inserting 

6 ‘‘during the period beginning July 1, 1985, and ending 

7 September 30, 2030’’. 

8 SEC. 104. REQUIREMENTS FOR IN-STATE TUITION. 

9 (a) IN GENERAL.—Section 3679(c) of title 38, 

10 United States Code, is amended— 

11 (1) in paragraph (2)(A), by striking ‘‘less than 

12 three years before the date of enrollment in the 

13 course concerned’’; and 

14 (2) in paragraph (4)— 

15 (A) by striking ‘‘It shall’’ and inserting 

16 ‘‘(A) It shall’’; and 

17 (B) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(B) To the extent feasible, the Secretary shall make 

20 publicly available on the internet website of the Depart21 ment a database explaining any requirements described in 

22 subparagraph (A) that are established by a public institu23 tion of higher learning for an individual to be charged tui24 tion and fees at a rate that is equal to or less than the 

25 rate the institution charges for tuition and fees for resi26 dents of the State in which the institution is located. The 


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1 Secretary shall disapprove a course of education provided 

2 by such an institution that does not provide the Sec3 retary— 

4 ‘‘(i) an initial explanation of such requirements; 

5 and 

6 ‘‘(ii) not later than 90 days after the date on 

7 which any such requirements change, the updated 

8 requirements.’’. 

9 (b) APPLICATION.—The amendments made by this 

10 section shall apply with respect to a quarter, semester, or 

11 term, as applicable, commencing on or after August 1, 

12 2020. 

13 SEC. 105. EXPANSION OF AUTHORITY FOR CERTAIN QUALI14 FYING WORK-STUDY ACTIVITIES FOR PUR15 POSES OF THE EDUCATIONAL ASSISTANCE 

16 PROGRAMS OF THE DEPARTMENT OF VET17 ERANS AFFAIRS TO INCLUDE OUTREACH 

18 SERVICES PROVIDED THROUGH CONGRES19 SIONAL OFFICES. 

20 Section 3485(a)(4) of title 38, United States Code, 

21 is amended by adding at the end the following new sub22 paragraph: 

23 ‘‘(K) The following activities carried out at the 

24 offices of Members of Congress for such Members: 


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1 ‘‘(i) The distribution of information to 

2 members of the Armed Forces, veterans, and 

3 their dependents about the benefits and services 

4 under laws administered by the Secretary and 

5 other appropriate governmental and nongovern6 mental programs. 

7 ‘‘(ii) The preparation and processing of pa8 pers and other documents, including documents 

9 to assist in the preparation and presentation of 

10 claims for benefits under laws administered by 

11 the Secretary.’’. 

12 TITLE II—BURIAL MATTERS 

13 SEC. 201. TRANSPORTATION OF DECEASED VETERANS TO 

14 VETERANS’ CEMETERIES. 

15 (a) IN GENERAL.—Subsection (a) of section 2308 of 

16 title 38, United States Code, is amended by striking ‘‘in 

17 a national cemetery’’ and inserting ‘‘in a national ceme18 tery or a covered veterans’ cemetery’’. 

19 (b) COVERED VETERANS’ CEMETERY DEFINED.— 

20 Section 2308 of such title is amended by adding at the 

21 end the following new subsection: 

22 ‘‘(c) COVERED VETERANS’ CEMETERY DEFINED.— 

23 In this section, the term ‘covered veterans’ cemetery’ 

24 means a veterans’ cemetery— 


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1 ‘‘(1) in which a deceased veteran described in 

2 subsection (b) is eligible to be buried; and 

3 ‘‘(2) for which the Secretary has made a grant 

4 under section 2408 of this title.’’. 

5 (c) CONFORMING AMENDMENT.—Section 2308 of 

6 such title is amended in the section heading by adding 

7 at the end the following: ‘‘or a veterans’ cemetery’’. 

8 (d) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 23 of such title is amended 

10 by striking the item relating to section 2308 and inserting 

11 the following new item: 

‘‘2308. Transportation of deceased veteran to a national cemetery or a veterans’ 

cemetery.’’. 

12 SEC. 202. INCREASE IN CERTAIN FUNERAL BENEFITS 

13 UNDER LAWS ADMINISTERED BY THE SEC14 RETARY OF VETERANS AFFAIRS. 

15 (a) FUNERAL EXPENSES FOR NON-SERVICE-CON16 NECTED DISABILITIES.—Chapter 23 of title 38, United 

17 States Code, is amended as follows: 

18 (1) By transferring subsection (b) of section 

19 2302 to the end of section 2303 and redesignating 

20 such subsection as subsection (d). 

21 (2) By striking section 2302. 

22 (3) In section 2303— 

23 (A) in the section heading, by striking 

24 ‘‘Death in Department facility’’ and inVerDate Sep 11 2014 18:19 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4511.IS S4511

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1 serting ‘‘Death from non-service-con2 nected disability’’; and 

3 (B) in subsection (a)— 

4 (i) in paragraph (1), by striking ‘‘a 

5 veteran dies in a facility described in para6 graph (2)’’ and inserting ‘‘a veteran de7 scribed in paragraph (2) dies’’; 

8 (ii) by striking paragraph (2) and in9 serting the following new paragraph (2): 

10 ‘‘(2) A veteran described in this paragraph is a de11 ceased veteran who is not covered by section 2307 and 

12 who meets any of the following criteria: 

13 ‘‘(A) The deceased veteran dies in— 

14 ‘‘(i) a facility of the Department (as de15 fined in section 1701(3) of this title) to which 

16 the deceased veteran was properly admitted for 

17 hospital, nursing home, or domiciliary care 

18 under section 1710 or 1711(a) of this title; or 

19 ‘‘(ii) an institution at which the deceased 

20 veteran was, at the time of death, receiving— 

21 ‘‘(I) hospital care in accordance with 

22 sections 1703A, 8111, and 8153 of this 

23 title; 

24 ‘‘(II) nursing home care under section 

25 1720 of this title; or 


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1 ‘‘(III) nursing home care for which 

2 payments are made under section 1741 of 

3 this title. 

4 ‘‘(B) At the time of death, the deceased veteran 

5 (including a person who died during a period deemed 

6 to be active military, naval, or air service under sec7 tion 106(c) of this title) is in receipt of compensa8 tion under chapter 11 of this title (or but for the re9 ceipt of retirement pay would have been entitled to 

10 such compensation) or was in receipt of pension 

11 under chapter 15 of this title. 

12 ‘‘(C) The Secretary determines— 

13 ‘‘(i) the deceased veteran (including a per14 son who died during a period deemed to be ac15 tive military, naval, or air service under section 

16 106(c) of this title) has no next of kin or other 

17 person claiming the body of the deceased vet18 eran; and 

19 ‘‘(ii) that there are not available sufficient 

20 resources to cover burial and funeral ex21 penses.’’; 

22 (iii) in subsection (b)— 

23 (I) in the matter preceding para24 graph (1), by striking ‘‘section 2302 

25 of this title and’’; and 


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1 (II) in paragraph (2), by striking 

2 ‘‘under section 2302 of this title or’’; 

3 and 

4 (iv) in subsection (d), as added by 

5 paragraph (1) of this subsection, by strik6 ing ‘‘Except as’’ and inserting ‘‘With re7 spect to a deceased veteran described in 

8 subparagraph (B) or (C) of subsection 

9 (a)(2), except as’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) TITLE 38.—Such title is amended as fol12 lows: 

13 (A) In section 2304, by striking ‘‘Applica14 tions for payments under section 2302 of this 

15 title’’ and inserting ‘‘Applications for payments 

16 under section 2303 of this title regarding vet17 erans described in subparagraph (B) or (C) of 

18 subsection (a)(2) of such section’’. 

19 (B) In section 2307, by striking ‘‘sections 

20 2302 and 2303(a)(1) and (b)(2) of this title’’ 

21 and inserting ‘‘subsections (a)(1) and (b)(2) of 

22 section 2303 of this title’’. 

23 (C) In section 2308— 

24 (i) in subsection (a), by striking ‘‘pur25 suant to section 2302 or 2307 of this 


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1 title,’’ and inserting ‘‘pursuant to section 

2 2303 of this title regarding veterans de3 scribed in subparagraph (B) or (C) of sub4 section (a)(2) of such section, or pursuant 

5 to section 2307 of this title,’’; and 

6 (ii) in subsection (b)(3)— 

7 (I) by striking ‘‘section 2302’’ 

8 and inserting ‘‘section 2303’’; and 

9 (II) by striking ‘‘subsection 

10 (a)(2)(A)’’ and inserting ‘‘subsection 

11 (a)(2)(C)’’. 

12 (D) In section 113(c)(1), by striking 

13 ‘‘2302,’’. 

14 (E) In section 5101(a)(1)(B)(i), by strik15 ing ‘‘2302’’ and inserting ‘‘2303’’. 

16 (2) EMERGENCY MEDICAL CARE.—Section 11 

17 of the Military Selective Service Act (50 U.S.C. 

18 3810) is amended by striking ‘‘section 2302(a) of 

19 title 38’’ and inserting ‘‘section 2303 of title 38, 

20 United States Code, regarding veterans described in 

21 subparagraph (B) or (C) of subsection (a)(2) of such 

22 section’’. 

23 (c) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 23 of such title is amended 


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1 by striking the items relating to sections 2302 and 2303 

2 and inserting the following new item: 

‘‘2303. Death from non-service-connected disability; plot allowance.’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this Act shall apply to deaths that occur on or after the 

5 date that is 180 days after the date of the enactment of 

6 this Act. 

7 SEC. 203. OUTER BURIAL RECEPTACLES FOR EACH NEW 

8 GRAVE IN CEMETERIES THAT ARE THE SUB9 JECTS OF CERTAIN GRANTS MADE BY THE 

10 SECRETARY OF VETERANS AFFAIRS. 

11 Section 2306(e) of title 38, United States Code, is 

12 amended— 

13 (1) in paragraph (1)(A), by inserting ‘‘, or in 

14 a cemetery that is the subject of a grant to a State 

15 or a tribal organization under section 2408 of this 

16 title,’’ after ‘‘National Cemetery Administration’’; 

17 and 

18 (2) by striking paragraph (2) and inserting the 

19 following new paragraph (2): 

20 ‘‘(2)(A) The use of outer burial receptacles in a ceme21 tery under the control of the National Cemetery Adminis22 tration or in a cemetery that is the subject of a grant to 

23 a State or a tribal organization under section 2408 of this 

24 title shall be in accordance with regulations or procedures 

25 approved by the Secretary of Veterans Affairs. 


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1 ‘‘(B) The use of outer burial receptacles in Arlington 

2 National Cemetery shall be in accordance with regulations 

3 or procedures approved by the Secretary of the Army. 

4 ‘‘(C) The use of outer burial receptacles in a national 

5 cemetery administered by the National Park Service shall 

6 be in accordance with regulations or procedures approved 

7 by the Secretary of the Interior.’’. 

8 SEC. 204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND 

9 CHILDREN ON CERTAIN HEADSTONES AND 

10 MARKERS FURNISHED BY THE SECRETARY 

11 OF VETERANS AFFAIRS. 

12 (a) IN GENERAL.—Section 2306 of title 38, United 

13 States Code, is amended by adding at the end the fol14 lowing new subsection: 

15 ‘‘(j)(1) In addition to any other authority under this 

16 section, in the case of an individual whose grave is not 

17 in a covered cemetery (as that term is defined in sub18 section (f)(2)) and for whom the Secretary has furnished 

19 a headstone or marker under subsection (a) or (d), the 

20 Secretary, if feasible and upon request, may replace the 

21 headstone or marker to add an inscription for the sur22 viving spouse or eligible dependent child of such individual 

23 following the death of the surviving spouse or eligible de24 pendent child. 


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1 ‘‘(2) If the spouse or eligible dependent child of an 

2 individual referred to in paragraph (1) predeceases the in3 dividual, the Secretary may, if feasible and upon request, 

4 include an inscription for the spouse or dependent child 

5 on the headstone or marker furnished for the individual 

6 under subsection (a) or (d).’’. 

7 (b) APPLICATION.—Subsection (j) of section 2306 of 

8 title 38, United States Code, as added by subsection (a), 

9 shall apply with respect to an individual who dies on or 

10 after October 1, 2021. 

11 TITLE III—REPRESENTATION 

12 AND FINANCIAL EXPLOI13 TATION MATTERS 

14 SEC. 301. SHORT TITLE. 

15 This title may be cited as the ‘‘Financial Refuge for 

16 Every Elderly Veteran Act of 2020’’ or the ‘‘FREE Vet17 eran Act of 2020’’. 

18 SEC. 302. PENALTIES FOR REPRESENTING VETERANS AS 

19 AGENTS AND ATTORNEYS WITHOUT REC20 OGNITION BY SECRETARY OF VETERANS AF21 FAIRS. 

22 (a) PENALTIES.— 

23 (1) IN GENERAL.—Section 5905 of title 38, 

24 United States Code, is amended to read as follows: 


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1 ‘‘§ 5905. Penalty for certain acts 

2 ‘‘(a) IN GENERAL.—Whoever commits any of the fol3 lowing acts shall be fined as provided in title 18, or impris4 oned for not more than one year, or both: 

5 ‘‘(1) Undertakes or attempts to undertake any 

6 work in furtherance of the preparation, presentation, 

7 or prosecution of a claim under a law administered 

8 by the Secretary— 

9 ‘‘(A) without recognition by the Secretary 

10 under sections 5902 through 5904 of this title; 

11 or 

12 ‘‘(B) while suspended or excluded under 

13 section 5904(b) of this title. 

14 ‘‘(2) Unlawfully withholds from any claimant or 

15 beneficiary any part of a benefit or claim under the 

16 laws administered by the Secretary that is allowed 

17 and due to the claimant or beneficiary. 

18 ‘‘(b) SEEKING RECOGNITION.—Subsection (a)(1)(A) 

19 shall not be construed to include the seeking of recognition 

20 from the Secretary to prepare, present, or prosecute a 

21 claim under a law administered by the Secretary. 

22 ‘‘(c) LEGAL INTERNS, LAW STUDENTS, AND PARA23 LEGALS.—Subsection (a)(1)(A) shall not apply to a legal 

24 intern, a law student, or a paralegal undertaking or at25 tempting to undertake work in furtherance of the prepara26 tion, presentation, or prosecution of a claim under a law 


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1 administered by the Secretary to the degree that such 

2 legal intern, law student, or paralegal is doing so— 

3 ‘‘(1) on behalf of or under the supervision of an 

4 attorney recognized by the Secretary under sections 

5 5902 through 5904 of this title; and 

6 ‘‘(2) in a manner that is consistent with the 

7 Model Rules of Professional Conduct of the Amer8 ican Bar Association.’’. 

9 (2) EFFECTIVE DATE.—The amendment made 

10 by subsection (a) shall apply with respect to acts 

11 committed after the date that is 180 days after the 

12 date of the enactment of this Act. 

13 (b) BIENNIAL REVIEWS BY GENERAL COUNSEL OF

14 THE DEPARTMENT OF VETERANS AFFAIRS.—Section 

15 5904 of such title is amended by adding at the end the 

16 following new subsection: 

17 ‘‘(e) BIENNIAL REVIEWS BY GENERAL COUNSEL.— 

18 (1) Not less frequently than once every two years, the 

19 General Counsel of the Department shall submit to Con20 gress a report on activities under this section. 

21 ‘‘(2) Each report submitted under subparagraph (A) 

22 shall include, for the period covered by the report, the fol23 lowing: 

24 ‘‘(A) A discussion of the rates generally charged 

25 for services covered by this section. 


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1 ‘‘(B) A discussion of the requests made by 

2 claimants under subsection (c)(3)(A). 

3 ‘‘(C) A discussion of the fees reduced under 

4 such subsection. 

5 ‘‘(D) The number of claims for benefits under 

6 laws administered by the Secretary that were pre7 pared, presented, or prosecuted by an individual act8 ing as an agent or attorney who did so while not rec9 ognized under this section.’’. 

10 SEC. 303. PLAN TO ADDRESS THE FINANCIAL EXPLOI11 TATION OF VETERANS RECEIVING PENSION 

12 FROM THE DEPARTMENT OF VETERANS AF13 FAIRS. 

14 (a) DEVELOPMENT OF METHOD FOR SOLICITATION

15 AND COLLECTION OF INFORMATION.—Not later than one 

16 year after the date of the enactment of this Act, the Sec17 retary of Veterans Affairs shall develop a method for sys18 tematically soliciting and collecting information on com19 plaints received, referrals made, and actions taken by the 

20 pension management centers of the Department of Vet21 erans Affairs and any other relevant components of the 

22 Department, in cases of potential financial exploitation of 

23 individuals receiving pension under chapter 15 of title 38, 

24 United States Code. 


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1 (b) PLAN TO ASSESS AND ADDRESS FINANCIAL EX2 PLOITATION OF VETERANS.— 

3 (1) IN GENERAL.—The Secretary shall develop 

4 and periodically update a plan— 

5 (A) to regularly assess the information so6 licited and collected under subsection (a) to 

7 identify trends of potential financial exploitation 

8 of the individuals described in subsection (a) 

9 across the Department; and 

10 (B) to outline actions that the Department 

11 can take to improve education and training to 

12 address those trends. 

13 (2) SUBMISSION OF PLAN.—Not later than one 

14 year after the date of the enactment of this Act, and 

15 not less frequently than once every two years there16 after, the Secretary shall submit the plan most re17 cently developed or updated under paragraph (1) 

18 to— 

19 (A) the Comptroller General of the United 

20 States; and 

21 (B) the Committee on Veterans’ Affairs 

22 and the Special Committee on Aging of the 

23 Senate and the Committee on Veterans’ Affairs 

24 of the House of Representatives. 


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1 SEC. 304. OVERPAYMENTS OF PENSION TO VETERANS RE2 CEIVING PENSION FROM THE DEPARTMENT 

3 OF VETERANS AFFAIRS. 

4 (a) GUIDANCE AND TRAINING FOR CLAIMS PROC5 ESSORS.—As the Secretary considers necessary, but not 

6 less frequently than once every three years, the Under Sec7 retary for Benefits of the Department of Veterans Affairs 

8 shall update guidance and training curriculum for the 

9 processors of claims for pension under chapter 15 of title 

10 38, United States Code, regarding the evaluation of ques11 tionable medical expenses on applications for pension, in12 cluding by updating such guidance with respect to what 

13 constitutes a questionable medical expense and by includ14 ing examples of such expenses. 

15 (b) IDENTIFICATION AND TRACKING.—The Under 

16 Secretary shall develop a method for identifying and track17 ing the number of individuals who have received overpay18 ments of pension under chapter 15 of title 38, United 

19 States Code. 

20 (c) ANNUAL REPORT.—Not later than one year after 

21 the date of the enactment of this Act, and not later than 

22 October 31 of each fiscal year beginning thereafter, the 

23 Under Secretary shall submit to Congress a report that 

24 includes, for the period covered by the report— 


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1 (1) the number of individuals who received 

2 overpayments of pension under chapter 15 of title 

3 38, United States Code; and 

4 (2) the reason for each overpayment. 

5 SEC. 305. EVALUATION OF ADDITIONAL ACTIONS FOR 

6 VERIFYING DIRECT DEPOSIT INFORMATION 

7 PROVIDED BY VETERANS ON APPLICATIONS 

8 FOR VETERANS PENSION. 

9 (a) IN GENERAL.—The Under Secretary for Benefits 

10 of the Department of Veterans Affairs shall— 

11 (1) conduct an evaluation of the feasibility and 

12 advisability of requiring the processors of claims for 

13 pension under chapter 15 of title 38, United States 

14 Code, to take additional actions to verify that the di15 rect deposit information provided by an individual on 

16 an application for pension is for the appropriate re17 cipient; and 

18 (2) identify such legislative or administrative 

19 actions as the Under Secretary considers appropriate 

20 to ensure that payments of pension are provided to 

21 the correct recipients. 

22 (b) SUBMISSION TO CONGRESS.— 

23 (1) IN GENERAL.—Not later than 240 days 

24 after the date of the enactment of this Act, the 

25 Under Secretary shall submit to Congress a report 


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1 on the evaluation and identification under subsection 

2 (a). 

3 (2) CONTENTS.—The report required by para4 graph (1) shall include the following: 

5 (A) The findings of the Under Secretary 

6 with respect to the evaluation conducted under 

7 subsection (a)(1). 

8 (B) The actions identified under subsection 

9 (a)(2). 

10 (C) A plan for implementing any adminis11 trative actions identified under subsection 

12 (a)(2). 

13 (D) A rationale for not implementing any 

14 actions evaluated under paragraph (1) of sub15 section (a) but not identified under paragraph 

16 (2) of such subsection. 

17 SEC. 306. ANNUAL REPORT ON EFFORTS OF DEPARTMENT 

18 OF VETERANS AFFAIRS TO ADDRESS THE FI19 NANCIAL EXPLOITATION OF VETERANS RE20 CEIVING PENSION. 

21 (a) IN GENERAL.—Not less frequently than once 

22 each year, the Secretary of Veterans Affairs shall submit 

23 to the Committee on Veterans’ Affairs of the Senate and 

24 the Committee on Veterans’ Affairs of the House of Rep25 resentatives a report on efforts to address the financial 


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1 exploitation of individuals receiving pension under chapter 

2 15 of title 38, United States Code. 

3 (b) CONTENTS.—Each report required by subsection 

4 (a) shall include, for the period covered by the report, the 

5 following: 

6 (1) The number of individuals who received 

7 pension under chapter 15 of title 38, United States 

8 Code, who have been referred by any component of 

9 the Department of Veterans Affairs to the Office of 

10 Inspector General of the Department as likely or 

11 proven victims of financial exploitation. 

12 (2) The number of referrals and reports relat13 ing to the financial exploitation of such individuals 

14 made by the Department of Veterans Affairs to— 

15 (A) the Consumer Sentinel Network of the 

16 Federal Trade Commission; and 

17 (B) the Department of Justice. 

18 (3) A description of the actions taken as a re19 sult of such referrals and reports against— 

20 (A) individuals recognized by the Secretary 

21 as agents or attorneys under section 5904 of 

22 title 38, United States Code; and 

23 (B) individuals not so recognized. 


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1 SEC. 307. NOTICE REGARDING FEES CHARGED IN CONNEC2 TION WITH FILING AN APPLICATION FOR 

3 VETERANS PENSION. 

4 The Under Secretary for Benefits of the Department 

5 of Veterans Affairs shall ensure that every paper or elec6 tronic document relating to the receipt of pension under 

7 chapter 15 of title 38, United States Code, that is avail8 able to individuals who apply for such pension, including 

9 educational forms about or applications for such pension, 

10 includes a notice that the Department does not charge any 

11 fee in connection with the filing of an application for such 

12 pension. 

13 SEC. 308. OUTREACH PLAN FOR EDUCATING VULNERABLE 

14 VETERANS ABOUT POTENTIAL FINANCIAL EX15 PLOITATION RELATING TO THE RECEIPT OF 

16 PENSION. 

17 (a) DEVELOPMENT OF PLAN.—The Under Secretary 

18 for Benefits of the Department of Veterans Affairs shall 

19 develop, in collaboration with veterans service organiza20 tions, an outreach plan for educating vulnerable individ21 uals about potential financial exploitation relating to the 

22 receipt of pension under chapter 15 of title 38, United 

23 States Code. 

24 (b) SUBMISSION TO CONGRESS.—Not later than 180 

25 days after the date of the enactment of this Act, the Under 

26 Secretary shall submit to the Committee on Veterans’ AfVerDate Sep 11 2014 18:19 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4511.IS S4511

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1 fairs and the Special Committee on Aging of the Senate 

2 and the Committee on Veterans’ Affairs of the House of 

3 Representatives the plan developed under subsection (a). 

4 (c) VETERANS SERVICE ORGANIZATION DEFINED.— 

5 In this section, the term ‘‘veterans service organization’’ 

6 means an organization recognized by the Secretary of Vet7 erans Affairs for the representation of veterans under sec8 tion 5902 of title 38, United States Code. 

9 TITLE IV—OTHER MATTERS 

10 SEC. 401. ELIGIBILITY OF CERTAIN MEMBERS OF THE RE11 SERVE COMPONENTS OF THE ARMED 

12 FORCES FOR HOME LOANS FROM THE SEC13 RETARY OF VETERANS AFFAIRS. 

14 (a) EXPANSION OF DEFINITION OF VETERAN FOR

15 PURPOSES OF HOME LOANS.—Section 3701(b) of title 38, 

16 United States Code, is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(7) The term ‘veteran’ also includes, for pur19 poses of home loans, an individual who performed 

20 active service (as that term is defined in section 101 

21 of title 10) for a period— 

22 ‘‘(A) of not less than 90 cumulative days; 

23 and 

24 ‘‘(B) that includes 30 consecutive days.’’. 


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1 (b) EXPANSION OF ELIGIBILITY.—Section 

2 3702(a)(2) of such title is amended by adding at the end 

3 the following new subparagraph: 

4 ‘‘(G) Each individual described in section 

5 3701(b)(7) of this title.’’. 

6 SEC. 402. EXTENSION OF CERTAIN HOUSING LOAN FEES. 

7 Section 3729(b)(2) of title 38, United States Code, 

8 is amended by striking ‘‘October 1, 2029’’ each place it 

9 appears and inserting ‘‘October 1, 2030’’. 

10 SEC. 403. CLARIFICATION OF LICENSURE REQUIREMENTS 

11 FOR CONTRACTOR MEDICAL PROFES12 SIONALS TO PERFORM MEDICAL DISABILITY 

13 EXAMINATIONS FOR THE DEPARTMENT OF 

14 VETERANS AFFAIRS. 

15 Subsection (c) of section 504 of the Veterans’ Bene16 fits Improvements Act of 1996 (Public Law 104–275; 38 

17 U.S.C. 5101 note) is amended to read as follows: 

18 ‘‘(c) LICENSURE OF CONTRACT HEALTH CARE PRO19 FESSIONALS.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any law 

21 regarding the licensure of health care professionals, 

22 a health care professional described in paragraph (2) 

23 may conduct an examination pursuant to a contract 

24 entered into under subsection (a) at any location in 

25 any State, the District of Columbia, or a CommonVerDate Sep 11 2014 18:19 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4511.IS S4511

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1 wealth, territory, or possession of the United States, 

2 so long as the examination is within the scope of the 

3 authorized duties under such contract. 

4 ‘‘(2) HEALTH CARE PROFESSIONAL DE5 SCRIBED.—A health care professional described in 

6 this paragraph is a physician, physician assistant, 

7 nurse practitioner, audiologist, or psychologist, 

8 who— 

9 ‘‘(A) has a current unrestricted license to 

10 practice the health care profession of the physi11 cian, physician assistant, nurse practitioner, au12 diologist, or psychologist, as the case may be; 

13 ‘‘(B) is not barred from practicing such 

14 health care profession in any State, the District 

15 of Columbia, or a Commonwealth, territory, or 

16 possession of the United States; and 

17 ‘‘(C) is performing authorized duties for 

18 the Department of Veterans Affairs pursuant to 

19 a contract entered into under subsection (a).’’. 

20 SEC. 404. MEDAL OF HONOR SPECIAL PENSION FOR SUR21 VIVING SPOUSES. 

22 (a) CODIFICATION OF CURRENT RATE OF SPECIAL

23 PENSION.—Subsection (a) of section 1562 of title 38, 

24 United States Code, is amended by striking ‘‘$1,000’’ and 

25 inserting ‘‘$1,388.68’’. 


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1 (b) SPECIAL PENSION FOR SURVIVING SPOUSES.— 

2 (1) SURVIVING SPOUSE BENEFIT.—Such sub3 section is further amended— 

4 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

5 (B) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2)(A) Except as provided in subparagraphs (B) 

8 and (C), the Secretary shall pay special pension under this 

9 section to the surviving spouse of a person whose name 

10 has been entered on the Army, Navy, Air Force, and Coast 

11 Guard Medal of Honor Roll and a copy of whose certificate 

12 has been delivered to the Secretary under section 1134a(d) 

13 of title 10. 

14 ‘‘(B) No special pension shall be paid to a surviving 

15 spouse of a person under this section unless such surviving 

16 spouse was married to such person— 

17 ‘‘(i) for one year or more prior to the veteran’s 

18 death; or 

19 ‘‘(ii) for any period of time if a child was born 

20 of the marriage, or was born to them before the 

21 marriage. 

22 ‘‘(C) No special pension shall be paid to a surviving 

23 spouse of a person under this section if such surviving 

24 spouse is eligible for or receiving benefits under section 

25 1311 or 1318 of this title.’’. 


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1 (2) CONFORMING AMENDMENTS.— 

2 (A) IN GENERAL.—Such section is amend3 ed— 

4 (i) in subsection (d), by inserting ‘‘or 

5 married to more than one person who has 

6 been awarded a medal of honor,’’ after 

7 ‘‘honor,’’; and 

8 (ii) in subsection (f)(1), by striking 

9 ‘‘this section’’ and inserting ‘‘paragraph 

10 (1) of subsection (a), or under paragraph 

11 (2) of such subsection in the case of a 

12 posthumous entry on the Army, Navy, Air 

13 Force, and Coast Guard Medal of Honor 

14 Roll,’’. 

15 (B) SPECIAL PROVISIONS RELATING TO

16 MARRIAGES.—Section 103(d)(5) of such title is 

17 amended by adding at the end the following 

18 new subparagraph: 

19 ‘‘(E) Section 1562(a)(2), relating to Medal of 

20 Honor special pension.’’. 

21 (3) EFFECTIVE DATE.—The amendments made 

22 by this subsection shall apply with respect to pay23 ment of pension under section 1562 of title 38, 

24 United States Code, for months beginning after the 

25 date of the enactment of this Act. 


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1 SEC. 405. MODERNIZATION OF SERVICE-DISABLED VET2 ERANS INSURANCE. 

3 (a) ESTABLISHMENT OF MODERNIZED PROGRAM.— 

4 (1) IN GENERAL.—Chapter 19 of title 38, 

5 United States Code, is amended by inserting after 

6 section 1922A the following new section: 

7 ‘‘§ 1922B. Service-disabled veterans insurance 

8 ‘‘(a) INSURANCE.—(1) Beginning January 1, 2023, 

9 the Secretary shall carry out a service-disabled veterans 

10 insurance program under which a veteran is granted in11 surance by the United States against the death of such 

12 individual occurring while such insurance is in force. 

13 ‘‘(2) The Secretary may only issue whole-life policies 

14 under the insurance program under paragraph (1). 

15 ‘‘(3) The Secretary may not grant insurance to a vet16 eran under paragraph (1) unless— 

17 ‘‘(A) the veteran submits the application for 

18 such insurance before the veteran attains 81 years 

19 of age; or 

20 ‘‘(B) with respect to a veteran who has attained 

21 81 years of age— 

22 ‘‘(i) the veteran filed a claim for compensa23 tion under chapter 11 of this title before attain24 ing such age; 

25 ‘‘(ii) based on such claim, and after the 

26 veteran attained such age, the Secretary first 


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1 determines that the veteran has a service-con2 nected disability; and 

3 ‘‘(iii) the veteran submits the application 

4 for such insurance during the two-year period 

5 following the date of such determination. 

6 ‘‘(4)(A) A veteran enrolled in the insurance program 

7 under paragraph (1) may elect to be insured in any of 

8 the following amounts: 

9 ‘‘(i) $10,000. 

10 ‘‘(ii) $20,000. 

11 ‘‘(iii) $30,000. 

12 ‘‘(iv) $40,000. 

13 ‘‘(v) In accordance with subparagraph (B), 

14 a maximum amount greater than $40,000. 

15 ‘‘(B) The Secretary may establish a maximum 

16 amount to be insured under paragraph (1) that is greater 

17 than $40,000 if the Secretary— 

18 ‘‘(i) determines that such maximum amount 

19 and the premiums for such amount— 

20 ‘‘(I) are administratively and actuarially 

21 sound for the insurance program under para22 graph (1); and 

23 ‘‘(II) will not result in such program oper24 ating at a loss; and 


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1 ‘‘(ii) publishes in the Federal Register, and sub2 mits to the Committee on Veterans’ Affairs of the 

3 Senate and the Committee on Veterans’ Affairs of 

4 the House of Representatives, such maximum 

5 amount and determination. 

6 ‘‘(5)(A)(i) Insurance granted under this section shall 

7 be on a nonparticipating basis and all premiums and other 

8 collections therefor shall be credited directly to a revolving 

9 fund in the Treasury of the United States. 

10 ‘‘(ii) Any payments on such insurance shall be made 

11 directly from such fund. 

12 ‘‘(B)(i) The Secretary of the Treasury may invest in 

13 and sell and retire special interest-bearing obligations of 

14 the United States for the account of the revolving fund 

15 under subparagraph (A). 

16 ‘‘(ii) Such obligations issued for that purpose shall— 

17 ‘‘(I) have maturities fixed with due regard for 

18 the needs of the fund; and 

19 ‘‘(II) bear interest at a rate equal to the aver20 age market yield (computed by the Secretary of the 

21 Treasury on the basis of market quotations as of the 

22 end of the calendar month preceding the date of 

23 issue) on all marketable interest-bearing obligations 

24 of the United States then forming a part of the pub25 lic debt which are not due or callable until after the 


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1 expiration of four years from the end of such cal2 endar month; except that where such average mar3 ket yield is not a multiple of one-eighth of 1 per cen4 tum, the rate of interest of such obligation shall be 

5 the multiple of one-eighth of 1 per centum nearest 

6 such market yield. 

7 ‘‘(6)(A) Administrative support financed by the ap8 propriations for ‘General Operating Expenses, Depart9 ment of Veterans Affairs’ and ‘Information Technology 

10 Systems, Department of Veterans Affairs’ for the insur11 ance program under paragraph (1) shall be paid from pre12 miums credited to the fund under paragraph (5). 

13 ‘‘(B) Such payment for administrative support shall 

14 be reimbursed for that fiscal year from funds that are 

15 available on such insurance after claims have been paid. 

16 ‘‘(b) ELIGIBILITY.—A veteran is eligible to enroll in 

17 the insurance program under subsection (a)(1) if the vet18 eran has a service-connected disability, without regard 

19 to— 

20 ‘‘(1) whether such disability is compensable 

21 under chapter 11 of this title; or 

22 ‘‘(2) whether the veteran meets standards of 

23 good health required for other life insurance policies. 


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1 ‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1) An 

2 eligible veteran may enroll in the insurance program under 

3 subsection (a)(1) at any time. 

4 ‘‘(2) The life insurance policy of a veteran who enrolls 

5 in the insurance program under subsection (a)(1) does not 

6 go into force unless— 

7 ‘‘(A) a period of two years elapses following the 

8 date of such enrollment; and 

9 ‘‘(B) the veteran pays the premiums required 

10 during such two-year period. 

11 ‘‘(3)(A) If a veteran dies during the two-year period 

12 described in paragraph (2), the Secretary shall pay to the 

13 beneficiary of the veteran the amount of premiums paid 

14 by the veteran under this section, plus interest. 

15 ‘‘(B) The Secretary— 

16 ‘‘(i) for the initial year of the insurance pro17 gram under subsection (a)(1)— 

18 ‘‘(I) shall set such interest at a rate of one 

19 percent; and 

20 ‘‘(II) may adjust such rate during such 

21 year based on program performance, except 

22 that the interest rate may not be less than zero 

23 percent; 

24 ‘‘(ii) for the second and each subsequent year 

25 of the program, shall calculate such interest at an 


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1 annual rate equal to the rate of return on the revolv2 ing fund under subsection (a)(5) for the calendar 

3 year preceding the year of the veteran’s death, ex4 cept that the interest rate may not be less than zero 

5 percent; and 

6 ‘‘(iii) on an annual basis, shall publish on the 

7 internet website of the Department the average in8 terest rate calculated under clause (ii) for the pre9 ceding calendar year. 

10 ‘‘(d) PREMIUMS.—(1) The Secretary shall establish 

11 a schedule of basic premium rates by age per $10,000 of 

12 insurance under subsection (a)(1) consistent with basic 

13 premium rates generally charged for guaranteed accept14 ance life insurance policies by private life insurance com15 panies. 

16 ‘‘(2) The Secretary may adjust such schedule after 

17 the first policy year in a manner consistent with the gen18 eral practice of guaranteed acceptance life insurance poli19 cies issued by private life insurance companies. 

20 ‘‘(3) Section 1912 of this title shall not apply to life 

21 insurance policies under subsection (a)(1), and the Sec22 retary may not otherwise waive premiums for such insur23 ance policies. 


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1 ‘‘(e) BENEFICIARIES.—(1) A veteran who enrolls in 

2 the insurance program under subsection (a)(1) may des3 ignate a beneficiary of the life insurance policy. 

4 ‘‘(2) If a veteran enrolled in the insurance program 

5 under subsection (a)(1) does not designate a beneficiary 

6 under paragraph (1) before the veteran dies, or if a des7 ignated beneficiary predeceases the veteran, the Secretary 

8 shall determine the beneficiary in the following order: 

9 ‘‘(A) The surviving spouse of the veteran. 

10 ‘‘(B) The children of the veteran and descend11 ants of deceased children by representation. 

12 ‘‘(C) The parents of the veteran or the sur13 vivors of the parents. 

14 ‘‘(D) The duly appointed executor or adminis15 trator of the estate of the veteran. 

16 ‘‘(E) Other next of kin of the veteran entitled 

17 under the laws of domicile of the veteran at the time 

18 of the death of the veteran. 

19 ‘‘(f) CLAIMS.—(1) If the deceased veteran designated 

20 a beneficiary under subsection (e)(1)— 

21 ‘‘(A) the designated beneficiary is the only per22 son who may file a claim for payment under sub23 section (g) during the one-year period beginning on 

24 the date of the death of the veteran; and 


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1 ‘‘(B) if the designated beneficiary does not file 

2 a claim for the payment during the period described 

3 in paragraph (1), or if payment to the designated 

4 beneficiary within that period is prohibited by Fed5 eral statute or regulation, a beneficiary described in 

6 subsection (e)(2) may file a claim for such payment 

7 during the one-year period following the period de8 scribed in subparagraph (A) as if the designated 

9 beneficiary had predeceased the veteran. 

10 ‘‘(2) If the deceased veteran did not designate a bene11 ficiary under subsection (e)(1), or if the designated bene12 ficiary predeceased the veteran, a beneficiary described in 

13 subsection (e)(2) may file a claim for payment under sub14 section (g) during the two-year period beginning on the 

15 date of the death of the veteran. 

16 ‘‘(3) If, on the date that is two years after the date 

17 of the death of the veteran, no claim for payment has been 

18 filed by any beneficiary pursuant to paragraph (1) or (2), 

19 and the Secretary has not received notice that any such 

20 claim will be so filed during the subsequent one-year pe21 riod, the Secretary may make the payment to a claimant 

22 whom the Secretary determines to be equitably entitled to 

23 such payment. 

24 ‘‘(g) PAYMENTS.—(1) In a case described in sub25 section (f)— 


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1 ‘‘(A) in paragraph (1)(A), the Secretary shall 

2 pay the designated beneficiary not later than 90 

3 days after the designated beneficiary files a complete 

4 and acceptable claim for payment; 

5 ‘‘(B) in paragraph (1)(B) or (2), the Secretary 

6 shall make any payment not later than one year 

7 after the end of the period described in the applica8 ble such paragraph, if the Secretary receives a com9 plete and acceptable claim for payment in accord10 ance with the applicable such paragraph; or 

11 ‘‘(C) in paragraph (3), the Secretary shall make 

12 any payment not later than one year after the end 

13 of the period described in such paragraph. 

14 ‘‘(2) In a case where the Secretary has not made an 

15 insurance payment under this section during the applica16 ble period specified in paragraph (1) by reason of a bene17 ficiary not yet having filed a claim, or the Secretary not 

18 yet making a determination under subsection (f)(3), the 

19 Secretary may make the payment after such applicable pe20 riod. 

21 ‘‘(3) Notwithstanding section 1917 of this title, the 

22 Secretary shall make an insurance payment under this 

23 section in a lump sum. 


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1 ‘‘(4) The Secretary may not make an insurance pay2 ment under this section if such payment will escheat to 

3 a State. 

4 ‘‘(5) Any payment under this subsection shall be a 

5 bar to recovery by any other person.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 1922A 

9 the following new item: 

‘‘1922B. Service-disabled veterans insurance.’’. 

10 (b) SUNSET OF PREVIOUS PROGRAM AND TRANSI11 TION.— 

12 (1) S–DVI.—Section 1922 of such title is 

13 amended by adding at the end the following new 

14 subsection: 

15 ‘‘(d)(1) The Secretary may not accept any application 

16 by a veteran to be insured under this section after Decem17 ber 31, 2022. 

18 ‘‘(2)(A) During the period beginning January 1, 

19 2023, and ending December 31, 2025, a veteran who is 

20 insured under this section may elect to instead be insured 

21 under section 1922B of this title based on the age of the 

22 veteran at the time of such election. 

23 ‘‘(B)(i) A veteran who elects under subparagraph (A) 

24 to be insured under section 1922B of this title shall be 


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1 subject to the two-year waiting period specified in sub2 section (c) of such section. 

3 ‘‘(ii) If the veteran dies during such period, the Sec4 retary shall pay the beneficiary under this section, and, 

5 if applicable, under section 1922A, plus the amount of 

6 premiums paid by the veteran under such section 1922B, 

7 plus interest. 

8 ‘‘(3) Except as provided by paragraph (2)(B), a vet9 eran may not be insured under this section and section 

10 1922B simultaneously.’’. 

11 (2) SUPPLEMENTAL S–DVI.—Section 1922A(b) 

12 of such title is amended by adding after the period 

13 the following: ‘‘The Secretary may not accept any 

14 such application after December 31, 2022. Except 

15 as provided by section 1922(d)(2)(B), a veteran may 

16 not have supplemental insurance under this section 

17 and be insured under section 1922B simulta18 neously.’’. 

19 (c) CONFORMING AMENDMENTS.—Chapter 19 of 

20 such title is amended— 

21 (1) in the section heading of section 1922, by 

22 striking ‘‘Service’’ and inserting ‘‘Legacy serv23 ice’’; 


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1 (2) in the section heading of section 1922A, by 

2 striking ‘‘Supplemental’’ and inserting ‘‘Leg3 acy supplemental’’; and 

4 (3) in the table of sections at the beginning of 

5 such chapter by striking the items relating to sec6 tions 1922 and 1922A and inserting the following 

7 new items: 

‘‘1922. Legacy service disabled veterans’ insurance. 

‘‘1922A. Legacy supplemental service disabled veterans’ insurance for totally 

disabled veterans.’’. 

8 SEC. 406. PUBLICATION AND ACCEPTANCE OF DISABILITY 

9 BENEFIT QUESTIONNAIRE FORMS OF DE10 PARTMENT OF VETERANS AFFAIRS. 

11 (a) IN GENERAL.—Section 5101 of title 38, United 

12 States Code, is amended— 

13 (1) by redesignating subsection (d) as sub14 section (e); and 

15 (2) by inserting after subsection (c) the fol16 lowing new subsection (d): 

17 ‘‘(d)(1) The Secretary shall publish in a central loca18 tion on the internet website of the Department disability 

19 benefit questionnaire forms of the Department for the 

20 submittal of evidence from non-Department medical pro21 viders regarding a disability of a claimant. 

22 ‘‘(2) Subject to section 6103 of this title, if the Sec23 retary updates a form described in paragraph (1), the Sec24 retary shall— 


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1 ‘‘(A) accept the previous version of the form 

2 filed by a claimant if— 

3 ‘‘(i) the claimant provided to the non-De4 partment medical provider the previous version 

5 of the form before the date on which the up6 dated version of the form was made available; 

7 and 

8 ‘‘(ii) the claimant files the previous version 

9 of the form during the one-year period following 

10 the date the form was completed by the non11 Department medical provider; 

12 ‘‘(B) request from the claimant any other infor13 mation that the updated version of the form re14 quires; and 

15 ‘‘(C) apply the laws and regulations required to 

16 adjudicate the claim as if the claimant filed the up17 dated version of the form. 

18 ‘‘(3) The Secretary may waive any interagency ap19 proval process required to approve a modification to a dis20 ability benefit questionnaire form if such requirement only 

21 applies by reason of the forms being made public.’’. 

22 (b) REPORTS BY INSPECTOR GENERAL OF THE DE23 PARTMENT OF VETERANS AFFAIRS.—Not less frequently 

24 than once each year through 2023, the Inspector General 

25 of the Department of Veterans Affairs shall submit to 


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1 Congress a report on the findings of the Inspector General 

2 with respect to the use of the forms published under sec3 tion 5101(d)(1) of such title, as added by subsection (a). 

4 (c) INITIAL FORM.—The Secretary of Veterans Af5 fairs shall begin carrying out section 5101(d)(1) of such 

6 title, as added by subsection (a), by publishing, as de7 scribed in such section, the form described in such section 

8 that was in effect on January 1, 2020. 

9 (d) ALTERNATE PROCESS.— 

10 (1) ASSESSMENT AND REPORT.—Subject to 

11 paragraph (2), not later than 180 days after the 

12 date of the enactment of this act, the Secretary 

13 shall— 

14 (A) assess the feasibility and advisability of 

15 replacing disability benefit questionnaire forms 

16 that are used by non-Department medical pro17 viders to submit to the Secretary evidence re18 garding a disability of a claimant for benefits 

19 under laws administered by the Secretary, with 

20 another consistent process that considers evi21 dence equally, whether provided by a Depart22 ment or a non-Department medical provider; 

23 and 

24 (B) submit to Congress— 


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1 (i) a report on the findings of the Sec2 retary with respect to the assessment con3 ducted under subparagraph (A); and 

4 (ii) a plan to replace the disability 

5 benefit questionnaire forms as described in 

6 subparagraph (A). 

7 (2) REQUIREMENTS.—The Secretary may only 

8 determine under paragraph (1)(A) that replacing the 

9 forms described in such paragraph is feasibility and 

10 advisable if the Secretary certifies that— 

11 (A) it is in the best interest of veterans to 

12 do so; 

13 (B) the replacement process would include 

14 all the medical information needed to adjudicate 

15 a claim for benefits under laws administered by 

16 the Secretary; and 

17 (C) the new process will ensure that all 

18 medical information provided will be considered 

19 equally, whether it is provided by a Department 

20 medical provider or a non-Department medical 

21 provider. 

22 (3) IMPLEMENTATION.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), if the Secretary determines under 

25 paragraph (1)(A) that replacing the forms as 


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1 described in such paragraph is feasible and ad2 visable, the Secretary shall, not later than two 

3 years after the date on which the Secretary 

4 submits the report under paragraph (1)(B)(i), 

5 replace the forms as described in paragraph 

6 (1)(A). 

7 (B) REPORTS BY INSPECTOR GENERAL OF

8 THE DEPARTMENT OF VETERANS AFFAIRS.—If 

9 the Secretary replaces the forms under sub10 paragraph (A), the Inspector General of the 

11 Department of Veterans Affairs shall, not fre12 quently than once each year, submit to Con13 gress an report on the process that replaced 

14 forms that ascertains whether the process prop15 erly protects veterans. 

16 (e) RULE OF CONSTRUCTION.—Nothing in this sec17 tion or section 5101(d) of such title, as added by sub18 section (a), may be construed to require the Secretary to 

19 develop any new information technology system or other20 wise require the Secretary to make any significant changes 

21 to the internet website of the Department. 

22 SEC. 407. DETERMINATION OF BUDGETARY EFFECTS. 

23 The budgetary effects of this Act, for the purpose of 

24 complying with the Statutory Pay-As-You-Go Act of 2010, 

25 shall be determined by reference to the latest statement 


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•S 4511 IS

1 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

2 Act, submitted for printing in the Congressional Record 

3 by the Chairman of the Senate Budget Committee, pro4 vided that such statement has been submitted prior to the 

5 vote on passage. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS