In the Senate of the United States, 

December 9, 2020. 

Resolved, That the bill from the House of Representatives (H.R. 7105) entitled ‘‘An Act to provide flexibility for 

the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency, to direct the 

Secretary of Veterans Affairs to carry out a retraining assistance program for unemployed veterans, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Johnny Isakson and David P. Roe, M.D. Veterans Health 

4 Care and Benefits Improvement Act of 2020’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Determination of budgetary effects. 
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† HR 7105 EAS 

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: riskbased surveys. 

Sec. 1014. Oversight of educational institutions subject to Government action for 

purposes of the educational assistance programs of the Department of Veterans Affairs. 

Sec. 1015. Additional requirement for approval of educational institutions for 

purposes of the educational assistance programs of the Department of Veterans Affairs. 

Sec. 1016. Clarification of accreditation for law schools for purposes of the educational assistance programs of the Department of Veterans Affairs. 

Sec. 1017. Clarification of grounds for disapproval of a course for purposes of the 

educational assistance programs of the Department of Veterans 

Affairs. 

Sec. 1018. Requirements for educational institutions participating in the educational assistance programs of the Department of Veterans Affairs. 

Sec. 1019. Overpayments to eligible persons or veterans. 

Sec. 1020. Improvements to limitation on certain advertising, sales, and enrollment practices. 

Sec. 1021. Charge to entitlement to educational assistance for individuals who do 

not transfer credits from certain closed or disapproved programs 

of education. 

Sec. 1022. Department of Veterans Affairs treatment of for-profit educational institutions converted to nonprofit educational institutions. 
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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. 
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Subtitle C—Burial Matters 

Sec. 2201. Transportation of deceased veterans to veterans’ cemeteries. 

Sec. 2202. Increase in certain funeral benefits under laws administered by the 

Secretary of Veterans Affairs. 

Sec. 2203. Outer burial receptacles for each new grave in cemeteries that are the 

subjects of certain grants made by the Secretary of Veterans Affairs. 

Sec. 2204. Provision of inscriptions for spouses and children on certain 

headstones and markers furnished by the Secretary of Veterans 

Affairs. 

Sec. 2205. Aid to counties for establishment, expansion, and improvement of veterans’ cemeteries. 

Sec. 2206. Increase in maximum amount of grants to States, counties, and tribal 

organizations for operating and maintaining veterans’ cemeteries. 

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. 
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† HR 7105 EAS 

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 DevelopmentDepartment of Veterans Affairs supported housing program. 

Subtitle C—Retraining Assistance for Veterans 

Sec. 4301. Access for the Secretaries of Labor and Veterans Affairs to the Federal 

directory of new hires. 

Sec. 4302. Expansion of eligible class of providers of high technology programs 

of education for veterans. 

Sec. 4303. Pilot program for off-base transition training for veterans and spouses. 

Sec. 4304. Grants for provision of transition assistance to members of the Armed 

Forces after separation, retirement, or discharge. 

Sec. 4305. One-year independent assessment of the effectiveness of Transition Assistance Program. 

Sec. 4306. Longitudinal study on changes to Transition Assistance Program. 

TITLE V—DEBORAH SAMPSON 

Sec. 5001. Short title. 

Subtitle A—Improving Access for Women Veterans to the Department of 

Veterans Affairs 

Sec. 5101. Office of Women’s Health in Department of Veterans Affairs. 
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† HR 7105 EAS 

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. 
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† HR 7105 EAS 

Sec. 5403. Study on feasibility and advisability of offering Parenting STAIR 

program at all medical centers of Department of Veterans Affairs. 

Subtitle E—Benefits Matters 

Sec. 5501. Evaluation of service-connection of mental health conditions relating 

to military sexual trauma. 

Sec. 5502. Choice of sex of Department of Veterans Affairs medical examiner for 

assessment of claims for compensation relating to disability resulting from physical assault of a sexual nature, battery of a 

sexual nature, or sexual harassment. 

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. 
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† HR 7105 EAS 

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. 

1 SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. 

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

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

4 shall be determined by reference to the latest statement titled 

5 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

6 submitted for printing in the Congressional Record by the 

7 Chairman of the House Budget Committee, provided that 

8 such statement has been submitted prior to the vote on pas9 sage. 
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† HR 7105 EAS 

1 TITLE I—EDUCATION 

2 Subtitle A—Education Generally 

3 SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS 

4 STEM SCHOLARSHIP PROGRAM OF DEPART5 MENT OF VETERANS AFFAIRS. 

6 (a) CLARIFICATION AND EXPANSION OF ELIGI7 BILITY.—Subsection (b)(4) of section 3320 of title 38, 

8 United States Code, is amended— 

9 (1) in subparagraph (A)(i)— 

10 (A) in the matter preceding subclause (I), 

11 by inserting ‘‘, or a dual degree program that in12 cludes such an undergraduate college degree,’’ 

13 after ‘‘undergraduate college degree’’; 

14 (B) by striking subclause (IX); and 

15 (C) by redesignating subclauses (X) and 

16 (XI) as subclauses (IX) and (X), respectively; 

17 (2) in subparagraph (B)— 

18 (A) by inserting ‘‘covered clinical training 

19 program for health care professionals or a’’ be20 fore ‘‘program of education’’; and 

21 (B) by striking the period at the end and 

22 inserting ‘‘; or’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 
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† HR 7105 EAS 

1 ‘‘(C) is an individual who has earned a 

2 graduate degree in a field referred to in subpara3 graph (A)(i) and is enrolled in a covered clinical 

4 training program for health care professionals.’’. 

5 (b) PRIORITY.—Subsection (c) of such section is 

6 amended to read as follows: 

7 ‘‘(c) PRIORITY.—(1) If the Secretary determines that 

8 there are insufficient funds available in a fiscal year to pro9 vide additional benefits under this section to all eligible in10 dividuals, the Secretary may give priority to the following 

11 eligible individuals: 

12 ‘‘(A) Individuals who require the most credit 

13 hours described in subsection (b)(4). 

14 ‘‘(B) Individuals who are entitled to educational 

15 assistance under this chapter by reason of paragraph 

16 (1), (2), (8), or (9) of section 3311(b) of this title. 

17 ‘‘(2) The Secretary shall give priority to individuals 

18 under paragraph (1) in the following order: 

19 ‘‘(A) Individuals who are enrolled in a program 

20 of education leading to an undergraduate degree in a 

21 field referred to in subsection (b)(4)(A)(i). 

22 ‘‘(B) Individuals who are enrolled in a program 

23 of education leading to a teaching certificate. 

24 ‘‘(C) Individuals who are enrolled in a dual-de25 gree program leading to both an undergraduate and 
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† HR 7105 EAS 

1 graduate degree in a field referred to in subsection 

2 (b)(4)(A)(i). 

3 ‘‘(D) Individuals who have earned an under4 graduate degree and are enrolled in a covered clinical 

5 training program for health care professionals. 

6 ‘‘(E) Individuals who have earned a graduate 

7 degree and are enrolled in a covered clinical training 

8 program for health care professionals.’’. 

9 (c) AMOUNTS NOT SUBJECT TO CERTAIN LIMITA10 TION.—Subsection (d) of such section is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(4) Notwithstanding any other provision of this chap13 ter or chapter 36 of this title, any additional benefits under 

14 this section may not be counted toward the aggregate period 

15 for which section 3695 of this title limits an individual’s 

16 receipt of allowance or assistance.’’. 

17 (d) COVERED CLINICAL TRAINING PROGRAM DE18 FINED.—Such section is further amended by adding at the 

19 end the following new subsection: 

20 ‘‘(h) COVERED CLINICAL TRAINING PROGRAM DE21 FINED.—In this section, the term ‘covered clinical training 

22 program’ means any clinical training required by a health 

23 care professional to be licensed to practice in a State or 

24 locality.’’. 
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† HR 7105 EAS 

1 SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLAR2 SHIP TO CHILDREN AND SPOUSES OF CER3 TAIN DECEASED MEMBERS OF THE ARMED 

4 FORCES. 

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

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

7 of the Harry W. Colmery Veterans Educational Assistance 

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

9 (1) by redesignating paragraph (9) as para10 graph (11); and 

11 (2) by inserting after paragraph (8) the fol12 lowing new paragraphs (9) and (10): 

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

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

15 in line of duty while serving on duty other than ac16 tive duty as a member of the Armed Forces. 

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

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

19 after September 11, 2001, while a member of the Se20 lected Reserve from a service-connected disability.’’. 

21 (b) CONFORMING AMENDMENTS.—Title 38, United 

22 States Code, is amended as follows: 

23 (1) In section 3311(f), by striking ‘‘paragraph 

24 (8)’’ each place it appears and inserting ‘‘paragraphs 

25 (8), (9), and (10)’’. 
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† HR 7105 EAS 

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

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

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

4 striking ‘‘paragraphs (1), (2), (8), and (9)’’ and in5 serting ‘‘paragraphs (1), (2), (8), (9), (10), and (11)’’. 

6 (4) In section 3320, as amended by section 1001 

7 of this title, in subsection (c)(1)(B), by striking ‘‘(8), 

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

9 (5) In section 3322— 

10 (A) in subsection (e), by striking both ‘‘sec11 tions 3311(b)(8) and 3319’’ and inserting ‘‘sec12 tion 3319 and paragraph (8), (9), or (10) of sec13 tion 3311 of this title’’; 

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

15 3311(b)(8)’’ and inserting ‘‘paragraph (8), (9), 

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

17 (C) in subsection (h)(2), by striking ‘‘either 

18 section 3311(b)(8) or chapter 35’’ and inserting 

19 ‘‘either chapter 35 or paragraph (8), (9), or (10) 

20 of section 3311’’. 

21 (c) APPLICABILITY DATE.—The amendments made by 

22 this section shall take effect immediately after the amend23 ments made by section 105 of the Harry W. Colmery Vet24 erans Educational Assistance Act of 2017 (Public Law 115– 

25 48) take effect and shall apply with respect to a quarter, 
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† HR 7105 EAS 

1 semester, or term, as applicable, commencing on or after 

2 August 1, 2021. 

3 SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS 

4 UNDER ALL-VOLUNTEER EDUCATIONAL AS5 SISTANCE PROGRAM OF DEPARTMENT OF 

6 VETERANS AFFAIRS. 

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

8 States Code, is amended— 

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

10 election shall be made at the time the individual ini11 tially enters on active duty as a member of the Armed 

12 Forces’’ and inserting ‘‘Any such election shall be 

13 made during the 90-day period beginning on the day 

14 that is 180 days after the date on which the indi15 vidual initially enters initial training’’; and 

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

17 individual is entitled to such pay’’ and inserting 

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

19 date on which the individual initially enters initial 

20 training’’. 

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall take effect on the date that is two years 

23 after the date of the enactment of this Act. 
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† HR 7105 EAS 

1 SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL 

2 ASSISTANCE PROGRAM. 

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

4 States Code, is amended by striking ‘‘after June 30, 1985’’ 

5 and inserting ‘‘during the period beginning July 1, 1985, 

6 and ending September 30, 2030’’. 

7 SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION. 

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

9 States Code, is amended— 

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

11 three years before the date of enrollment in the course 

12 concerned’’; and 

13 (2) in paragraph (4)— 

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

15 ‘‘(A) It shall’’; and 

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

17 subparagraph: 

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

19 publicly available on the internet website of the Department 

20 a database explaining any requirements described in sub21 paragraph (A) that are established by a public institution 

22 of higher learning for an individual to be charged tuition 

23 and fees at a rate that is equal to or less than the rate 

24 the institution charges for tuition and fees for residents of 

25 the State in which the institution is located. The Secretary 
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† HR 7105 EAS 

1 shall disapprove a course of education provided by such an 

2 institution that does not provide the Secretary— 

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

4 and 

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

6 which any such requirements change, the updated re7 quirements.’’. 

8 (b) APPLICATION.—The amendments made by this sec9 tion shall apply with respect to a quarter, semester, or term, 

10 as applicable, commencing on or after August 1, 2021. 

11 SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALI12 FYING WORK-STUDY ACTIVITIES FOR PUR13 POSES OF THE EDUCATIONAL ASSISTANCE 

14 PROGRAMS OF THE DEPARTMENT OF VET15 ERANS AFFAIRS TO INCLUDE OUTREACH 

16 SERVICES PROVIDED THROUGH CONGRES17 SIONAL OFFICES. 

18 (a) IN GENERAL.—Section 3485(a)(4) of title 38, 

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

20 following new subparagraph: 

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

22 offices of Members of Congress for such Members: 

23 ‘‘(i) The distribution of information to 

24 members of the Armed Forces, veterans, and 

25 their dependents about the benefits and services 
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† HR 7105 EAS 

1 under laws administered by the Secretary and 

2 other appropriate governmental and nongovern3 mental programs. 

4 ‘‘(ii) The preparation and processing of pa5 pers and other documents, including documents 

6 to assist in the preparation and presentation of 

7 claims for benefits under laws administered by 

8 the Secretary.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on August 1, 2021. 

11 SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILI12 TATION PROGRAMS FOR VETERANS AF13 FECTED BY SCHOOL CLOSURE OR DIS14 APPROVAL. 

15 (a) ENTITLEMENT.—Section 3699 of title 38, United 

16 States Code, is amended by striking ‘‘chapter 30,’’ each time 

17 it appears and inserting ‘‘chapter 30, 31,’’. 

18 (b) PAYMENT OF SUBSISTENCE ALLOWANCES.—Sec19 tion 3680(a)(2)(B) of title 38, United States Code, is 

20 amended— 

21 (1) by inserting ‘‘or a subsistence allowance de22 scribed in section 3108’’ before ‘‘, during’’; and 

23 (2) by inserting ‘‘or allowance’’ after ‘‘such a sti24 pend’’. 
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† HR 7105 EAS 

1 (c) CONFORMING AMENDMENT.—Section 7 of the Stu2 dent Veteran Coronavirus Response Act of 2020 (134 Stat. 

3 634; Public Law 116–140) is hereby repealed. 

4 (d) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply as if included in the enactment of section 

6 109 of the Harry W. Colmery Veterans Educational Assist7 ance Act of 2017 (Public Law 115–48; 131 Stat. 978). 

8 SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGI9 BILITY FOR PARTICIPATION IN YELLOW RIB10 BON PROGRAM OF DEPARTMENT OF VET11 ERANS AFFAIRS. 

12 Section 3317(a) of title 38, United States Code, is 

13 amended— 

14 (1) by striking ‘‘the full cost of established 

15 charges (as specified in section 3313)’’ and inserting 

16 ‘‘the full cost of tuition and fees for a program of edu17 cation’’; and 

18 (2) by striking ‘‘those established charges’’ and 

19 inserting ‘‘such tuition and fees’’. 

20 SEC. 1009. CLARIFICATION OF EDUCATIONAL ASSISTANCE 

21 FOR INDIVIDUALS WHO PURSUE AN AP22 PROVED PROGRAM OF EDUCATION LEADING 

23 TO A DEGREE WHILE ON ACTIVE DUTY. 

24 (a) IN GENERAL.—Section 3313(e) of title 38, United 

25 States Code, is amended— 
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† HR 7105 EAS 

1 (1) in the heading, by inserting ‘‘FOR A PERIOD

2 OF MORE THAN 30 DAYS’’ after ‘‘ACTIVE DUTY’’; 

3 (2) in paragraph (1), by inserting ‘‘for a period 

4 of more than 30 days’’ after ‘‘active duty’’; and 

5 (3) in paragraph (2), in the matter preceding 

6 subparagraph (A), by inserting ‘‘for a period of more 

7 than 30 days’’ after ‘‘active duty’’. 

8 (b) EFFECTIVE DATE.—The amendments made by sub9 section (a) shall take effect on August 1, 2022. 

10 SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES 

11 OF RECEIPT OF POST-9/11 EDUCATIONAL AS12 SISTANCE BENEFITS. 

13 (a) IN GENERAL.—Section 3313 of title 38, United 

14 States Code, is amended by adding at the end the following 

15 new subsection: 

16 ‘‘(l) VERIFICATION OF ENROLLMENT.—(1) The Sec17 retary shall require— 

18 ‘‘(A) each educational institution to submit to 

19 the Secretary verification of each individual who is 

20 enrolled in a course or program of education at the 

21 educational institution and is receiving educational 

22 assistance under this chapter— 

23 ‘‘(i) not later than such time as the Sec24 retary determines reasonable after the date on 

25 which the individual is enrolled; and 
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1 ‘‘(ii) not later than such time as the Sec2 retary determines reasonable after the last date 

3 on which a student is able to withdraw from the 

4 course or program of education without penalty; 

5 and 

6 ‘‘(B) each individual who is enrolled in a course 

7 or program of education and is receiving educational 

8 assistance under this chapter to submit to the Sec9 retary verification of such enrollment for each month 

10 during which the individual is so enrolled and receiv11 ing such educational assistance. 

12 ‘‘(2) Verification under this subsection shall be in an 

13 electronic form prescribed by the Secretary. 

14 ‘‘(3) If an individual fails to submit the verification 

15 required under paragraph (1)(B) for two consecutive 

16 months, the Secretary may not make a monthly stipend 

17 payment to the individual under this section until the indi18 vidual submits such verification.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on August 1, 2021. 
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1 SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS 

2 TO WHOM ENTITLEMENT TO EDUCATIONAL 

3 ASSISTANCE MAY BE TRANSFERRED UNDER 

4 THE POST 9/11 EDUCATIONAL ASSISTANCE 

5 PROGRAM. 

6 (a) IN GENERAL.—Section 3319(c) of title 38, United 

7 States Code, is amended to read as follows: 

8 ‘‘(c) ELIGIBLE DEPENDENTS.— 

9 ‘‘(1) TRANSFER.—An individual approved to 

10 transfer an entitlement to educational assistance 

11 under this section may transfer the individual’s enti12 tlement to an eligible dependent or a combination of 

13 eligible dependents. 

14 ‘‘(2) DEFINITION OF ELIGIBLE DEPENDENT.— 

15 For purposes of this subsection, the term ‘eligible de16 pendent’ has the meaning given the term ‘dependent’ 

17 under subparagraphs (A), (I), and (D) of section 

18 1072(2) of title 10.’’. 

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall apply with respect to educational assist21 ance payable under chapter 33 of title 38, United States 

22 Code, before, on, or after the date that is 90 days after the 

23 date of the enactment of this Act. 
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1 SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE 

2 OF EDUCATION MAY BE DISAPPROVED. 

3 (a) IN GENERAL.—Section 3672(b)(2) of title 38, 

4 United States Code, is amended— 

5 (1) in subparagraph (A)(i), by inserting or ‘‘or 

6 (D)’’ after ‘‘subparagraph (C)’’; and 

7 (2) by adding at the end the following new sub8 paragraph: 

9 ‘‘(D) A program that is described in subparagraph 

10 (A)(i) of this paragraph and offered by an educational in11 stitution that is at risk of losing accreditation shall not be 

12 deemed to be approved for purposes of this chapter. For pur13 poses of this subparagraph, an educational institution is 

14 at risk of losing accreditation if that educational institution 

15 has received from the relevant accrediting agency or asso16 ciation a notice described in section 3673(e)(2)(D) of this 

17 title.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect on August 1, 2021. 

20 SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTITUTIONS 

21 WITH APPROVED PROGRAMS: RISK-BASED 

22 SURVEYS. 

23 (a) RISK-BASED SURVEYS.— 

24 (1) IN GENERAL.—Subchapter I of chapter 36, 

25 United States Code, is amended by inserting after sec26 tion 3673 the following new section: 
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† HR 7105 EAS 

1 ‘‘§ 3673A. Risk-based surveys 

2 ‘‘(a) DEVELOPMENT REQUIRED.—The Secretary, in 

3 partnership with State approving agencies, shall develop a 

4 searchable risk-based survey for oversight of educational in5 stitutions with courses and programs of education approved 

6 under this chapter. 

7 ‘‘(b) SCOPE.—(1) The scope of the risk-based survey 

8 developed under subsection (a) shall be determined by the 

9 Secretary, in partnership with the State approving agency. 

10 ‘‘(2) At a minimum the scope determined under para11 graph (1) shall include the following: 

12 ‘‘(A) Rapid increase in veteran enrollment. 

13 ‘‘(B) Rapid increase in tuition and fees. 

14 ‘‘(C) Complaints tracked and published with the 

15 mechanism required by section 3698(b)(2) from stu16 dents pursuing programs of education with edu17 cational assistance furnished under laws administered 

18 by the Secretary, based on severity or volume of the 

19 complaints. 

20 ‘‘(D) Compliance with section 3680A(d)(1) of 

21 this title. 

22 ‘‘(E) Veteran completion rates. 

23 ‘‘(F) Indicators of financial stability. 

24 ‘‘(G) Review of the advertising and recruiting 

25 practices of the educational institution, including 
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1 those by third-party contractors of the educational in2 stitution. 

3 ‘‘(H) Matters for which the Federal Government 

4 or a State Government brings an action in a court 

5 of competent jurisdiction against an educational in6 stitution, including matters in cases in which the 

7 Federal Government or the State comes to a settled 

8 agreement on such matters outside of the court. 

9 ‘‘(c) DATABASE.—The Secretary, in partnership with 

10 the State approving agencies under this chapter, shall estab11 lish a database or use an existing system, as the Secretary 

12 considers appropriate, to serve as a central repository for 

13 information required for or collected during site visits for 

14 the risk-based survey developed under subsection (a), so as 

15 to improve future oversight of educational institutions with 

16 programs of education approved under this chapter.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 36 of such title is 

19 amended by inserting after the item relating to sec20 tion 3673 the following new item: 

‘‘3673A. Risk-based surveys.’’. 

21 (b) USE OF STATE APPROVING AGENCIES FOR OVER22 SIGHT ACTIVITIES.— 

23 (1) IN GENERAL.—Section 3673(d) of title 38, 

24 United States Code, is amended— 
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1 (A) by striking ‘‘may’’ and inserting 

2 ‘‘shall’’; and 

3 (B) by striking ‘‘compliance and risk-based 

4 surveys’’ and inserting ‘‘a risk-based survey de5 veloped under section 3673A of this title’’. 

6 (2) EFFECTIVE DATE.—The amendment made by 

7 paragraph (1) shall take effect on October 1, 2022. 

8 SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS 

9 SUBJECT TO GOVERNMENT ACTION FOR PUR10 POSES OF THE EDUCATIONAL ASSISTANCE 

11 PROGRAMS OF THE DEPARTMENT OF VET12 ERANS AFFAIRS. 

13 (a) IN GENERAL.—Section 3673 of title 38, United 

14 States Code, is amended by adding at the end the following 

15 new subsection: 

16 ‘‘(e) NOTICE OF GOVERNMENT ACTION.—(1)(A) If the 

17 Secretary receives notice described in paragraph (2), or oth18 erwise becomes aware of an action or event described in 

19 paragraph (3), with respect to an educational institution, 

20 the Secretary shall transmit such notice or provide notice 

21 of such action or event to the State approving agency for 

22 the State where the educational institution is located by not 

23 later than 30 days after the date on which the Secretary 

24 receives such notice or becomes aware of such action or 

25 event. 
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† HR 7105 EAS 

1 ‘‘(B) If a State approving agency receives notice as 

2 described in paragraph (2), or otherwise becomes aware of 

3 an action or event described in paragraph (3), with respect 

4 to an educational institution, other than from the Secretary 

5 pursuant to subparagraph (A) of this paragraph, the State 

6 approving agency shall immediately notify the Secretary. 

7 ‘‘(C) Not later than 60 days after the date on which 

8 a State approving agency receives notice under subpara9 graph (A), receives notice as described in subparagraph (B), 

10 or becomes aware as described in such subparagraph, as 

11 the case may be, regarding an educational institution, such 

12 State approving agency shall— 

13 ‘‘(i) complete a risk-based survey of such edu14 cational institution; and 

15 ‘‘(ii) provide the Secretary with— 

16 ‘‘(I) a complete report on the findings of the 

17 State approving agency with respect to the risk18 based survey completed under clause (i) and any 

19 actions taken as a result of such findings; and 

20 ‘‘(II) any supporting documentation and 

21 pertinent records. 

22 ‘‘(2) Notice described in this paragraph is any of the 

23 following: 

24 ‘‘(A) Notice from the Secretary of Education of 

25 an event under paragraph (3)(A). 
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1 ‘‘(B) Notice of an event under paragraph (3)(B). 

2 ‘‘(C) Notice from a State of an action taken by 

3 that State under paragraph (3)(C). 

4 ‘‘(D) Notice provided by an accrediting agency 

5 or association of an action described in paragraph 

6 (3)(D) taken by that agency or association. 

7 ‘‘(E) Notice that the Secretary of Education has 

8 placed the educational institution on provisional cer9 tification status. 

10 ‘‘(3) An action or event under this paragraph is any 

11 of the following: 

12 ‘‘(A) The receipt by an educational institution of 

13 payments under the heightened cash monitoring level 

14 2 payment method pursuant to section 487(c)(1)(B) 

15 of the Higher Education Act of 1965 (20 U.S.C. 

16 1094). 

17 ‘‘(B) Punitive action taken by the Attorney Gen18 eral, the Federal Trade Commission, or any other 

19 Federal department or agency for misconduct or mis20 leading marketing practices that would violate the 

21 standards defined by the Secretary of Veterans Af22 fairs. 

23 ‘‘(C) Punitive action taken by a State against 

24 an educational institution. 
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1 ‘‘(D) The loss, or risk of loss, by an educational 

2 institution of an accreditation from an accrediting 

3 agency or association, including notice of probation, 

4 suspension, an order to show cause relating to the 

5 educational institution’s academic policies and prac6 tices or to its financial stability, or revocation of ac7 creditation. 

8 ‘‘(E) The placement of an educational institution 

9 on provisional certification status by the Secretary of 

10 Education. 

11 ‘‘(4) If a State approving agency disapproves or sus12 pends an educational institution, the State approving agen13 cy shall provide notice of such disapproval or suspension 

14 to the Secretary and to all other State approving agencies. 

15 ‘‘(5) This subsection shall be carried out using 

16 amounts made available pursuant to section 3674(a)(4) of 

17 this title as long as such amounts remain available. 

18 ‘‘(6) For each notice transmitted or provided to a State 

19 approving agency under paragraph (1) with respect to an 

20 educational institution, the Secretary shall ensure the care21 ful review of— 

22 ‘‘(A) to the extent possible, the action that gave 

23 rise to such notice; and 
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† HR 7105 EAS 

1 ‘‘(B) any other action against the educational 

2 institution by any Federal or State government entity 

3 or by the educational institution’s accreditor. 

4 ‘‘(7) In this subsection, the term ‘risk-based survey’ 

5 means the risk-based survey developed under section 3673A 

6 of this title.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on August 1, 2021. 

9 SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF 

10 EDUCATIONAL INSTITUTIONS FOR PURPOSES 

11 OF THE EDUCATIONAL ASSISTANCE PRO12 GRAMS OF THE DEPARTMENT OF VETERANS 

13 AFFAIRS. 

14 (a) IN GENERAL.—Section 3675 of title 38, United 

15 States Code, is amended— 

16 (1) in subsection (b), by adding at the end the 

17 following new paragraph: 

18 ‘‘(4) The educational institution is approved and 

19 participates in a program under title IV of the High20 er Education Act of 1965 (20 U.S.C. 1070 et seq.) or 

21 the Secretary has waived the requirement under this 

22 paragraph with respect to an educational institution 

23 and submits to the Committee on Veterans’ Affairs of 

24 the Senate and the Committee on Veterans’ Affairs of 

25 the House of Representatives notice of such waiver.’’. 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(d)(1) The Secretary shall submit to Congress an an4 nual report on any waivers issued pursuant to subsection 

5 (b)(4) or section 3672(b)(2)(A)(i) of this title. 

6 ‘‘(2) Each report submitted under paragraph (1) shall 

7 include, for the year covered by the report, the following: 

8 ‘‘(A) The name of each educational institution 

9 for which a waiver was issued. 

10 ‘‘(B) The justification for each such waiver. 

11 ‘‘(C) The total number of waivers issued.’’. 

12 (b) REQUIREMENT FOR APPROVAL OF STANDARD COL13 LEGE DEGREE PROGRAMS.—Clause (i) of section 

14 3672(b)(2)(A) of such title is amended to read as follows: 

15 ‘‘(i) Except as provided in subparagraph 

16 (C) or (D), an accredited standard college degree 

17 program offered at a public or not-for-profit pro18 prietary educational institution that— 

19 ‘‘(I) is accredited by an agency or as20 sociation recognized for that purpose by the 

21 Secretary of Education; and 

22 ‘‘(II) is approved and participates in a 

23 program under title IV of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1070 et seq.), 

25 unless the Secretary has waived the require-
31 

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1 ment to participate in a program under 

2 title IV of the Higher Education Act of 

3 1965 (20 U.S.C. 1070 et seq.).’’. 

4 (c) EFFECTIVE DATE.—The amendments made by sub5 sections (a) and (b) shall take effect on August 1, 2021. 

6 SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW 

7 SCHOOLS FOR PURPOSES OF THE EDU8 CATIONAL ASSISTANCE PROGRAMS OF THE 

9 DEPARTMENT OF VETERANS AFFAIRS. 

10 (a) IN GENERAL.—Paragraphs (14)(B) and (15)(B) of 

11 section 3676(c) of title 38, United States Code, are each 

12 amended— 

13 (1) by striking ‘‘an accrediting agency’’ both 

14 places it appears and inserting ‘‘a specialized accred15 iting agency for programs of legal education’’; and 

16 (2) by inserting before the period the following: 

17 ‘‘, from which recipients of law degrees from such ac18 credited programs are eligible to sit for a bar exam19 ination in any State’’. 

20 (b) EFFECTIVE DATE.—The amendments made by sub21 section (a) shall take effect on August 1, 2021. 
32 

† HR 7105 EAS 

1 SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL 

2 OF A COURSE FOR PURPOSES OF THE EDU3 CATIONAL ASSISTANCE PROGRAMS OF THE 

4 DEPARTMENT OF VETERANS AFFAIRS. 

5 (a) IN GENERAL.—Section 3679 of title 38, United 

6 States Code, is amended— 

7 (1) by inserting ‘‘(including failure to comply 

8 with a risk-based survey under this chapter or secure 

9 an affirmation of approval by the appropriate State 

10 approving agency following the survey)’’ after ‘‘re11 quirements of this chapter’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(f) In this section, the term ‘risk-based survey’ means 

15 a risk-based survey developed under section 3673A(a) of this 

16 title.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall take effect on August 1, 2021. 

19 SEC. 1018. REQUIREMENTS FOR EDUCATIONAL INSTITU20 TIONS PARTICIPATING IN THE EDUCATIONAL 

21 ASSISTANCE PROGRAMS OF THE DEPART22 MENT OF VETERANS AFFAIRS. 

23 (a) IN GENERAL.—Section 3679 of title 38, United 

24 States Code, as amended by section 1017 of this title, is 

25 further amended by adding at the end the following new 

26 subsection: 
33 

† HR 7105 EAS 

1 ‘‘(f)(1) Except as provided by paragraph (5), a State 

2 approving agency, or the Secretary when acting in the role 

3 of the State approving agency, shall take an action de4 scribed in paragraph (4)(A) if the State approving agency 

5 or the Secretary, when acting in the role of the State ap6 proving agency, determines that an educational institution 

7 does not perform any of the following: 

8 ‘‘(A) Prior to the enrollment of a covered indi9 vidual in a course of education at the educational in10 stitution, provide the individual with a form that 

11 contains information personalized to the individual 

12 that describes— 

13 ‘‘(i) the estimated total cost of the course, 

14 including tuition, fees, books, supplies, and any 

15 other additional costs; 

16 ‘‘(ii) an estimate of the cost for living ex17 penses for students enrolled in the course; 

18 ‘‘(iii) the amount of the costs under clauses 

19 (i) and (ii) that are covered by the educational 

20 assistance provided to the individual under 

21 chapter 30, 31, 32, 33, or 35 of this title, or 

22 chapter 1606 or 1607 of title 10, as the case may 

23 be; 

24 ‘‘(iv) the type and amount of Federal finan25 cial aid not administered by the Secretary and 
34 

† HR 7105 EAS 

1 financial aid offered by the institution that the 

2 individual may qualify to receive; 

3 ‘‘(v) an estimate of the amount of student 

4 loan debt the individual would have upon grad5 uation; 

6 ‘‘(vi) information regarding graduation 

7 rates; 

8 ‘‘(vii) job-placement rates for graduates of 

9 the course, if available; 

10 ‘‘(viii) information regarding the accept11 ance by the institution of transfer of credits, in12 cluding military credits; 

13 ‘‘(ix) any conditions or additional require14 ments, including training, experience, or exami15 nations, required to obtain the license, certifi16 cation, or approval for which the course of edu17 cation is designed to provide preparation; and 

18 ‘‘(x) other information to facilitate com19 parison by the individual of aid packages offered 

20 by different educational institutions. 

21 ‘‘(B) Not later than 15 days after the date on 

22 which the institution (or the governing body of the in23 stitution) determines tuition rates and fees for an 

24 academic year that is different than the amount being 

25 charged by the institution, provide a covered indi-
35 

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1 vidual enrolled in a course of education at the edu2 cational institution with the form under subpara3 graph (A) that contains updated information. 

4 ‘‘(C) Maintain policies to— 

5 ‘‘(i) inform each covered individual enrolled 

6 in a course of education at the educational insti7 tution of the availability of Federal financial aid 

8 not administered by the Secretary and financial 

9 aid offered by the institution; and 

10 ‘‘(ii) alert such individual of the potential 

11 eligibility of the individual for such financial 

12 aid before packaging or arranging student loans 

13 or alternative financing programs for the indi14 vidual. 

15 ‘‘(D) Maintain policies to— 

16 ‘‘(i) prohibit the automatic renewal of a 

17 covered individual in courses and programs of 

18 education; and 

19 ‘‘(ii) ensure that each covered individual 

20 approves of the enrollment of the individual in 

21 a course. 

22 ‘‘(E) Provide to a covered individual enrolled in 

23 a course of education at the educational institution 

24 with information regarding the requirements to grad25 uate from such course, including information regard-
36 

† HR 7105 EAS 

1 ing when required classes will be offered and a 

2 timeline to graduate. 

3 ‘‘(F) With respect to an accredited educational 

4 institution, obtain the approval of the accrediting 

5 agency for each new course or program of the institu6 tion before enrolling covered individuals in such 

7 courses or programs if the accrediting agency deter8 mines that such approval is appropriate under the 

9 substantive change requirements of the accrediting 

10 agency regarding the quality, objectives, scope, or con11 trol of the institution. 

12 ‘‘(G) Maintain a policy that— 

13 ‘‘(i) ensures that members of the Armed 

14 Forces, including the reserve components and the 

15 National Guard, who enroll in a course of edu16 cation at the educational institution may be re17 admitted at such institution if such members are 

18 temporarily unavailable or have to suspend such 

19 enrollment by reason of serving in the Armed 

20 Forces; and 

21 ‘‘(ii) otherwise accommodates such members 

22 during short absences by reason of such service. 

23 ‘‘(H) Designate an employee of the educational 

24 institution to serve as a point of contact for covered 

25 individuals and the family of such individuals need-
37 

† HR 7105 EAS 

1 ing assistance with respect to academic counseling, fi2 nancial counseling, disability counseling, and other 

3 information regarding completing a course of edu4 cation at such institution, including by referring such 

5 individuals and family to the appropriate persons for 

6 such counseling and information. 

7 ‘‘(2) Except as provided by paragraph (5), a State ap8 proving agency, or the Secretary when acting in the role 

9 of the State approving agency, shall take an action de10 scribed in paragraph (4)(A) if the State approving agency, 

11 the Secretary, or any Federal agency, determines that an 

12 educational institution does any of the following: 

13 ‘‘(A) Carries out deceptive or persistent recruit14 ing techniques, including on military installations, 

15 that may include— 

16 ‘‘(i) misrepresentation (as defined in section 

17 3696(e)(2)(B) of this title) or payment of incen18 tive compensation; 

19 ‘‘(ii) during any 1-month period making 

20 three or more unsolicited contacts to a covered 

21 individual, including contacts by phone, email, 

22 or in-person; or 

23 ‘‘(iii) engaging in same-day recruitment 

24 and registration. 
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1 ‘‘(B) Pays inducements, including any gratuity, 

2 favor, discount, entertainment, hospitality, loan, 

3 transportation, lodging, meals, or other item having 

4 a monetary value of more than a de minimis amount, 

5 to any individual or entity, or its agents including 

6 third party lead generators or marketing firms other 

7 than salaries paid to employees or fees paid to con8 tractors in conformity with all applicable laws for the 

9 purpose of securing enrollments of covered individuals 

10 or obtaining access to educational assistance under 

11 this title, with the exception of scholarships, grants, 

12 and tuition reductions provided by the educational 

13 institution. 

14 ‘‘(3) A State approving agency, or the Secretary when 

15 acting in the role of the State approving agency, shall take 

16 an action described in paragraph (4)(A) if the State ap17 proving agency or the Secretary, when acting in the role 

18 of the State approving agency, determines that an edu19 cational institution is the subject of a negative action made 

20 by the accrediting agency that accredits the institution, in21 cluding any of the following: 

22 ‘‘(A) Accreditor sanctions. 

23 ‘‘(B) Accreditation probation. 

24 ‘‘(C) The loss of accreditation or candidacy for 

25 accreditation. 
39 

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1 ‘‘(4)(A) An action described in this subparagraph is 

2 any of the following: 

3 ‘‘(i) Submitting to the Secretary a recommenda4 tion that the Secretary publish a warning on the 

5 internet website of the Department described in sec6 tion 3698(c)(2) of this title, or such other similar 

7 internet website of the Department, that describes how 

8 an educational institution is failing to meet a re9 quirement under paragraph (1), (2), or (3). 

10 ‘‘(ii) Disapproving a course for purposes of this 

11 chapter. 

12 ‘‘(B)(i) The Secretary shall establish guidelines to en13 sure that the actions described in subparagraph (A) are ap14 plied in a proportional and uniform manner by State ap15 proving agencies, or the Secretary when acting in the role 

16 of the State approving agency. 

17 ‘‘(ii) Each State approving agency and the Secretary, 

18 when acting in the role of the State approving agency, shall 

19 adhere to the guidelines established under clause (i). 

20 ‘‘(C) The State approving agency, in consultation with 

21 the Secretary, or the Secretary when acting in the role of 

22 the State approving agency, may limit an action described 

23 in subparagraph (A)(ii) to individuals not enrolled at the 

24 educational institution before the period described in such 

25 subparagraph. 
40 

† HR 7105 EAS 

1 ‘‘(5)(A) The Secretary may waive the requirements of 

2 paragraph (1) or waive the requirements of paragraph (2) 

3 with respect to an educational institution for a 1-academic4 year period beginning in August of the year in which the 

5 waiver is made. A single educational institution may not 

6 receive waivers under this paragraph for more than 2 con7 secutive academic years. 

8 ‘‘(B) To be considered for a waiver under this para9 graph, an educational institution shall submit to the Sec10 retary an application prior to the first day of the academic 

11 year for which the waiver is sought. 

12 ‘‘(6) Not later than October 1 of each year, the Sec13 retary shall submit to the Committee on Veterans’ Affairs 

14 of the Senate and the Committee on Veterans’ Affairs of 

15 the House of Representatives the following reports: 

16 ‘‘(A) A report, which shall be made publicly 

17 available, that includes the following: 

18 ‘‘(i) A summary of each action described in 

19 paragraph (4)(A) made during the year covered 

20 by the report, including— 

21 ‘‘(I) the name of the educational insti22 tution; 

23 ‘‘(II) the type of action taken; 
41 

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1 ‘‘(III) the rationale for the action, in2 cluding how the educational institution was 

3 not in compliance with this subsection; 

4 ‘‘(IV) the length of time that the edu5 cational institution was not in such compli6 ance; and 

7 ‘‘(V) whether the educational institu8 tion was also not in compliance with this 

9 subsection during any of the 2 years prior 

10 to the year covered by the report. 

11 ‘‘(ii) A summary and justifications for the 

12 waivers made under paragraph (5) during the 

13 year covered by the report, including the total 

14 number of waivers each educational institution 

15 has received. 

16 ‘‘(B) A report containing the recommendations 

17 of the Secretary with respect to any legislative actions 

18 the Secretary determines appropriate to ensure that 

19 this subsection is carried out in a manner that is con20 sistent with the requirements that educational institu21 tions must meet for purposes of other departments or 

22 agencies of the Federal Government. 

23 ‘‘(7) In this subsection, the term ‘covered individual’ 

24 means an individual who is pursuing a course of education 
42 

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1 at an educational institution under chapter 30, 31, 32, 33, 

2 or 35 of this title, or chapter 1606 or 1607 of title 10.’’. 

3 (b) APPLICATION DATE.—The amendment made by 

4 this section shall take effect on June 15, 2021, and shall 

5 apply to an educational institution beginning on August 

6 1, 2021, except that an educational institution may submit 

7 an application for a waiver under subsection (f)(5) of sec8 tion 3679 of title 38, United States Code, as added by sub9 section (a), beginning on June 15, 2021. 

10 SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VET11 ERANS. 

12 (a) IN GENERAL.—Subsection (b) of section 3685 of 

13 title 38, United States Code, is amended to read as follows: 

14 ‘‘(b) Any overpayment to a veteran or eligible person 

15 with respect to pursuit by the veteran or eligible person of 

16 a program of education at an educational institution shall 

17 constitute a liability of the educational institution to the 

18 United States if— 

19 ‘‘(1) the Secretary finds that the overpayment 

20 has been made as the result of— 

21 ‘‘(A) the willful or negligent failure of an 

22 educational institution to report, as required 

23 under this chapter or chapter 34 or 35 of this 

24 title, to the Department of Veterans Affairs exces25 sive absences from a course, or discontinuance or 
43 

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1 interruption of a course by the veteran or eligible 

2 person; or 

3 ‘‘(B) the willful or negligent false certifi4 cation by an educational institution; or 

5 ‘‘(2) the benefit payment sent to an educational 

6 institution on behalf of an eligible veteran or person 

7 is made pursuant to— 

8 ‘‘(A) section 3313(h) of this title; 

9 ‘‘(B) section 3317 of this title; or 

10 ‘‘(C) section 3680(d) of this title; or 

11 ‘‘(D) section 3320(d) of this title.’’. 

12 (b) CLARIFYING AMENDMENT.—Subsection (a) of such 

13 section is further amended by inserting ‘‘relating to edu14 cational assistance under a law administered by the Sec15 retary’’ after ‘‘made to a veteran or eligible person’’. 

16 SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN AD17 VERTISING, SALES, AND ENROLLMENT PRAC18 TICES. 

19 (a) PROHIBITION ON SUBSTANTIAL MISREPRESENTA20 TION.— 

21 (1) IN GENERAL.—Section 3696 of title 38, 

22 United States Code, is amended to read as follows: 
44 

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1 ‘‘§ 3696. Prohibition on certain advertising, sales, and 

2 enrollment practices 

3 ‘‘(a) PROHIBITION ON ENGAGING IN SUBSTANTIAL

4 MISREPRESENTATION.—An educational institution with a 

5 course or program of education approved under this chap6 ter, and an entity that owns such an educational institu7 tion, shall not engage in substantial misrepresentation de8 scribed in subsection (b). 

9 ‘‘(b) SUBSTANTIAL MISREPRESENTATION DE10 SCRIBED.—(1) Substantial misrepresentation described in 

11 this paragraph is substantial misrepresentation by an edu12 cational institution, a representative of the institution, or 

13 any person with whom the institution has an agreement 

14 to provide educational programs, marketing, advertising, 

15 recruiting or admissions services, concerning any of the fol16 lowing: 

17 ‘‘(A) The nature of the educational program of 

18 the institution, including misrepresentation regard19 ing— 

20 ‘‘(i) the particular type, specific source, or 

21 nature and extent, of the accreditation of the in22 stitution or a course of education at the institu23 tion; 

24 ‘‘(ii) whether a student may transfer course 

25 credits to another institution; 
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1 ‘‘(iii) conditions under which the institu2 tion will accept transfer credits earned at an3 other institution; 

4 ‘‘(iv) whether successful completion of a 

5 course of instruction qualifies a student— 

6 ‘‘(I) for acceptance to a labor union or 

7 similar organization; or 

8 ‘‘(II) to receive, to apply to take, or to 

9 take an examination required to receive a 

10 local, State, or Federal license, or a non11 governmental certification required as a 

12 precondition for employment, or to perform 

13 certain functions in the States in which the 

14 educational program is offered, or to meet 

15 additional conditions that the institution 

16 knows or reasonably should know are gen17 erally needed to secure employment in a 

18 recognized occupation for which the pro19 gram is represented to prepare students; 

20 ‘‘(v) the requirements for successfully com21 pleting the course of study or program and the 

22 circumstances that would constitute grounds for 

23 terminating the student’s enrollment; 

24 ‘‘(vi) whether the courses of education at the 

25 institution are recommended or have been the 
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1 subject of unsolicited testimonials or endorse2 ments by— 

3 ‘‘(I) vocational counselors, high schools, 

4 colleges, educational organizations, employ5 ment agencies, members of a particular in6 dustry, students, former students, or others; 

7 or 

8 ‘‘(II) officials of a local or State gov9 ernment or the Federal Government; 

10 ‘‘(vii) the size, location, facilities, or equip11 ment of the institution; 

12 ‘‘(viii) the availability, frequency, and ap13 propriateness of the courses of education and 

14 programs to the employment objectives that the 

15 institution states the courses and programs are 

16 designed to meet; 

17 ‘‘(ix) the nature, age, and availability of the 

18 training devices or equipment of the institution 

19 and the appropriateness to the employment ob20 jectives that the institution states the courses and 

21 programs are designed to meet; 

22 ‘‘(x) the number, availability, and quali23 fications, including the training and experience, 

24 of the faculty and other personnel of the institu25 tion; 
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1 ‘‘(xi) the availability of part-time employ2 ment or other forms of financial assistance; 

3 ‘‘(xii) the nature and availability of any 

4 tutorial or specialized instruction, guidance and 

5 counseling, or other supplementary assistance the 

6 institution will provide students before, during, 

7 or after the completion of a course of education; 

8 ‘‘(xiii) the nature or extent of any pre9 requisites established for enrollment in any 

10 course of education; 

11 ‘‘(xiv) the subject matter, content of the 

12 course of education, or any other fact related to 

13 the degree, diploma, certificate of completion, or 

14 any similar document that the student is to be, 

15 or is, awarded upon completion of the course of 

16 education; and 

17 ‘‘(xv) whether the degree that the institution 

18 will confer upon completion of the course of edu19 cation has been authorized by the appropriate 

20 State educational agency, including with respect 

21 to cases where the institution fails to disclose 

22 facts regarding the lack of such authorization in 

23 any advertising or promotional materials that 

24 reference such degree. 
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1 ‘‘(B) The financial charges of the institution, in2 cluding misrepresentation regarding— 

3 ‘‘(i) offers of scholarships to pay all or part 

4 of a course charge; 

5 ‘‘(ii) whether a particular charge is the cus6 tomary charge at the institution for a course; 

7 ‘‘(iii) the cost of the program and the re8 fund policy of the institution if the student does 

9 not complete the program; 

10 ‘‘(iv) the availability or nature of any fi11 nancial assistance offered to students, including 

12 a student’s responsibility to repay any loans, re13 gardless of whether the student is successful in 

14 completing the program and obtaining employ15 ment; and 

16 ‘‘(v) the student’s right to reject any par17 ticular type of financial aid or other assistance, 

18 or whether the student must apply for a par19 ticular type of financial aid, such as financing 

20 offered by the institution. 

21 ‘‘(C) The employability of the graduates of the 

22 institution, including misrepresentation regarding— 

23 ‘‘(i) the relationship of the institution with 

24 any organization, employment agency, or other 
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1 agency providing authorized training leading di2 rectly to employment; 

3 ‘‘(ii) the plans of the institution to main4 tain a placement service for graduates or other5 wise assist graduates to obtain employment; 

6 ‘‘(iii) the knowledge of the institution about 

7 the current or likely future conditions, compensa8 tion, or employment opportunities in the indus9 try or occupation for which the students are 

10 being prepared; 

11 ‘‘(iv) job market statistics maintained by 

12 the Federal Government in relation to the poten13 tial placement of the graduates of the institution; 

14 and 

15 ‘‘(v) other requirements that are generally 

16 needed to be employed in the fields for which the 

17 training is provided, such as requirements re18 lated to commercial driving licenses or permits 

19 to carry firearms, and failing to disclose factors 

20 that would prevent an applicant from qualifying 

21 for such requirements, such as prior criminal 

22 records or preexisting medical conditions. 

23 ‘‘(2) In this subsection: 

24 ‘‘(A) The term ‘misleading statement’ includes 

25 any communication, action, omission, or intimation 
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1 made in writing, visually, orally, or through other 

2 means, that has the likelihood or tendency to mislead 

3 the intended recipient of the communication under 

4 the circumstances in which the communication is 

5 made. Such term includes the use of student endorse6 ments or testimonials for an educational institution 

7 that a student gives to the institution either under 

8 duress or because the institution required the student 

9 to make such an endorsement or testimonial to par10 ticipate in a program of education. 

11 ‘‘(B) The term ‘misrepresentation’ means any 

12 false, erroneous, or misleading statement, action, 

13 omission, or intimation made directly or indirectly to 

14 a student, a prospective student, the public, an ac15 crediting agency, a State agency, or to the Secretary 

16 by an eligible institution, one of its representatives, or 

17 any person with whom the institution has an agree18 ment to provide educational programs, marketing, ad19 vertising, recruiting or admissions services. 

20 ‘‘(C) The term ‘substantial misrepresentation’ 

21 means misrepresentation in which the person to 

22 whom it was made could reasonably be expected to 

23 rely, or has reasonably relied, to that person’s det24 riment. 
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1 ‘‘(c) LIMITATION ON CERTAIN COMMISSIONS, BO2 NUSES, AND OTHER INCENTIVE PAYMENTS.—An edu3 cational institution with a course or program of education 

4 approved under this chapter, and an entity that owns such 

5 an educational institution, shall not provide any commis6 sion, bonus, or other incentive payment based directly or 

7 indirectly on success in securing enrollments or financial 

8 aid to any persons or entities engaged in any student re9 cruiting or admission activities or in making decisions re10 garding the award of student financial assistance. 

11 ‘‘(d) REQUIREMENT TO MAINTAIN RECORDS.—(1) To 

12 ensure compliance with this section, any educational insti13 tution offering courses approved for the enrollment of eligi14 ble persons or veterans shall maintain a complete record 

15 of all advertising, sales, or enrollment materials (and copies 

16 thereof) utilized by or on behalf of the institution during 

17 the preceding two-year period. Such record shall be avail18 able for inspection by the State approving agency or the 

19 Secretary. 

20 ‘‘(2) Such materials shall include but are not limited 

21 to any direct mail pieces, brochures, printed literature used 

22 by sales persons, films, video tapes, and audio tapes dis23 seminated through broadcast media, material disseminated 

24 through print, digital, or electronic media, tear sheets, leaf25 lets, handbills, fliers, and any sales or recruitment manuals 
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1 used to instruct sales personnel, agents, or representatives 

2 of such institution. 

3 ‘‘(e) AGREEMENT WITH FEDERAL TRADE COMMIS4 SION.—(1) The Secretary shall, pursuant to section 3694 

5 of this title, enter into an agreement with the Federal Trade 

6 Commission to utilize, where appropriate, its services and 

7 facilities, consistent with its available resources, in car8 rying out investigations and making the Under Secretary 

9 of Benefit’s preliminary findings under subsection (g)(1). 

10 ‘‘(2) Such agreement shall provide that cases arising 

11 under subsection (a) of this section or any similar matters 

12 with respect to any of the requirements of this chapter or 

13 chapters 34 and 35 of this title may be referred to the Fed14 eral Trade Commission which in its discretion will conduct 

15 an investigation and make preliminary findings. 

16 ‘‘(3) The findings and results of any investigation 

17 under paragraph (2) shall be referred to the Under Sec18 retary for Benefits, who shall take appropriate action under 

19 subsection (g) in such cases not later than 60 days after 

20 the date of such referral. 

21 ‘‘(f) FINAL JUDGMENTS FROM OTHER FEDERAL

22 AGENCIES.—Whenever the Secretary becomes aware of a 

23 final judgment by a Federal agency against an educational 

24 institution or owner of an educational institution per25 taining to substantial misrepresentation described in sub-
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1 section (b) or of other credible evidence relating to a viola2 tion of subsection (a), the Secretary, in partnership with 

3 the applicable State approving agency, shall— 

4 ‘‘(1) within 30 days, alert the educational insti5 tution or owner that it is at risk of losing approval 

6 under this chapter of its courses or programs of edu7 cation; 

8 ‘‘(2) provide the educational institution or owner 

9 60 days to provide any information it wishes to the 

10 Secretary; 

11 ‘‘(3) require the educational institution or owner 

12 to submit to the Secretary a report prepared by an 

13 approved third-party auditor of the advertising and 

14 enrollment practices of the educational institution or 

15 owner; and 

16 ‘‘(4) refer the matter to the Under Secretary of 

17 Benefits, who may thereafter make a preliminary 

18 finding under subsection (g). 

19 ‘‘(g) PRELIMINARY FINDINGS, FINAL DETERMINA20 TIONS, AND PROCESSES.—(1) The Under Secretary for Ben21 efits shall make preliminary findings and final determina22 tions on violations of subsections (a), (c), and (d). 

23 ‘‘(2)(A) The Under Secretary shall establish a process 

24 for making preliminary findings and final determinations 

25 under paragraph (1). 
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1 ‘‘(B) The process established under subparagraph (A) 

2 shall— 

3 ‘‘(i) clearly define what triggers an oversight 

4 visit by the Under Secretary for purposes of enforcing 

5 subsections (a), (c), and (d); 

6 ‘‘(ii) set forth factors an educational institution, 

7 or the owner of the educational institution, must meet 

8 in order to retain approval status under this section, 

9 including with respect to the factors set forth under 

10 subsection (h)(2); 

11 ‘‘(iii) include a process for the provision of no12 tice to an educational institution, or the owner of the 

13 educational institution, that the Under Secretary has 

14 made a preliminary finding under paragraph (1) 

15 that the education institution or owner has violated 

16 subsection (a), (c), or (d), which the Under Secretary 

17 shall provide to the educational institution or owner 

18 within such period after making the preliminary 

19 finding as the Under Secretary shall establish for 

20 purposes of this clause, except that, in every case, 

21 such period shall end before the date on which the 

22 Under Secretary makes a final determination under 

23 such paragraph; and 

24 ‘‘(iv) include— 
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1 ‘‘(I) a process for receipt of findings from a 

2 third-party pertinent to this section; and 

3 ‘‘(II) a process for an educational institu4 tion or an owner to provide such information as 

5 the educational institution or owner determines 

6 appropriate to the Secretary, including informa7 tion about corrective actions the educational in8 stitution or owner may have taken in response 

9 to preliminary findings under paragraph (1). 

10 ‘‘(C) The process established under subparagraph (A) 

11 shall not prohibit a State approving agency from— 

12 ‘‘(i) independently investigating a potential vio13 lation of subsection (a), (c), or (d); or 

14 ‘‘(ii) taking action if the State approving agency 

15 finds a violation of subsection (a), (c), or (d). 

16 ‘‘(3) Upon a preliminary finding under this subsection 

17 of a violation of subsection (a), (c), or (d) by an educational 

18 institution, or the owner of an educational institution, the 

19 Under Secretary shall require the educational institution 

20 or owner to submit to the Under Secretary a report pre21 pared by an approved third-party auditor of the adver22 tising and enrollment practices of the educational institu23 tion or owner. 

24 ‘‘(4)(A) Before making a final determination under 

25 this subsection regarding a violation of subsection (a), (c), 
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1 or (d) by an educational institution or owner of an edu2 cational institution, the Under Secretary shall— 

3 ‘‘(i) review the practices of the educational insti4 tution or owner that pertain to activities and prac5 tices covered by subsections (a), (c), and (d); 

6 ‘‘(ii) consider the results of a risk-based survey 

7 conducted by a State approving agency, if available; 

8 and 

9 ‘‘(iii) review— 

10 ‘‘(I) the findings and information received 

11 pursuant to the processes established under para12 graph (2)(B)(iii); 

13 ‘‘(II) in a case in which a report was sub14 mitted under subsection (f)(3), such report; 

15 ‘‘(III) the report submitted under para16 graph (3)(B) of this subsection; 

17 ‘‘(IV) any findings and results submitted 

18 under subsection (e)(3); 

19 ‘‘(V) the marketing and outreach material 

20 of the educational institution and the contractors 

21 of the educational institution. 

22 ‘‘(B) The Under Secretary may not make a final deter23 mination under this subsection solely based on preliminary 

24 findings. 
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1 ‘‘(5) The Under Secretary may not delegate authority 

2 to make a final determination under this subsection, includ3 ing to any employee of the Department or to the Federal 

4 Trade Commission. 

5 ‘‘(h) ENFORCEMENT.—(1)(A) Upon a final determina6 tion by the Under Secretary for Benefits under subsection 

7 (g) that an educational institution or the owner of an edu8 cational institution violated subsection (a), (c), or (d), the 

9 Under Secretary shall, but subject to subparagraphs (B), 

10 (C), and (D) of this paragraph, take one of the following 

11 actions independent of any actions taken under section 

12 3690 of this title: 

13 ‘‘(i) Publish a caution flag on the GI Bill Com14 parison Tool, or successor tool, about that educational 

15 institution and alert its currently enrolled eligible 

16 veterans and eligible persons. 

17 ‘‘(ii) Suspend the approval of the courses and 

18 programs of education offered by the educational in19 stitution by disapproving new enrollments of eligible 

20 veterans and eligible persons in each course or pro21 gram of education offered by that educational institu22 tion. 

23 ‘‘(iii) Revoke the approval of the courses and 

24 programs of education offered by the educational in25 stitution by disapproving all enrollments of eligible 
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1 veterans and eligible persons in each course or pro2 gram of education offered by that educational institu3 tion. 

4 ‘‘(B) In deciding upon a course of action under sub5 paragraph (A), for the first violation of this section, the 

6 Secretary shall consider the factors set forth in paragraph 

7 (2). 

8 ‘‘(C) Subject to subsection (i), any repeat violation and 

9 final finding within five years of the first violation of this 

10 section shall result in— 

11 ‘‘(i) a suspension of approval of new enrollments 

12 as described in subparagraph (A)(ii) of this para13 graph until reinstatement under subsection (j); or 

14 ‘‘(ii) a revocation of approval under this chapter 

15 as described in subparagraph (A)(iii) of this para16 graph until reinstatement under subsection (j). 

17 ‘‘(D) Subject to subsection (i), any third violation 

18 within three years of the second violation of this section 

19 shall result in revocation of approval under this chapter 

20 as described in subparagraph (A)(iii) of this paragraph 

21 until reinstatement under subsection (j). 

22 ‘‘(E) Any action taken under subparagraph (A) of this 

23 paragraph regarding a violation of subsection (a), (c), or 

24 (d) by an educational institution or the owner of an edu25 cational institution shall be taken on or before the date that 
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1 is 180 days after the date on which the Under Secretary 

2 provided notice to the educational institution or owner re3 garding the violation in accordance with the process estab4 lished under subsection (g)(2)(B)(iii). 

5 ‘‘(2) The factors set forth in this paragraph are the 

6 following: 

7 ‘‘(A) That the Secretary’s action brings sufficient 

8 deterrence for future fraud against students and the 

9 programs of education carried out under this title. 

10 Fraud against veterans must be met with a repercus11 sion strong enough to send a deterrent message to this 

12 and other educational institutions and owners. 

13 ‘‘(B) That the educational institution has se14 cured an approved third-party auditor to verify the 

15 educational institution’s, or owner’s, advertising and 

16 enrollment practices for at least three years going for17 ward. 

18 ‘‘(C) That the educational institution or owner 

19 has repudiated the deceptive practices and has com20 municated to all employees that deceptive practices 

21 will not be tolerated, and has instituted strong gov22 ernance procedures to prevent recurrence. 

23 ‘‘(D) That the educational institution has taken 

24 steps to remove any pressure on its enrollment re-
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1 cruiters, including by removing enrollment quotas 

2 and incentives for enrollment. 

3 ‘‘(E) That the State approving agency or the 

4 Secretary acting in the role of the State approving 

5 agency, has completed a risk-based survey and deter6 mined the educational institution is worthy of serving 

7 eligible veterans and eligible persons. 

8 ‘‘(3) Enforcement action under this section shall not 

9 preclude enforcement action under section 3690 of this title. 

10 ‘‘(4) No action may be carried out under this sub11 section with respect to a final determination by the Under 

12 Secretary under subsection (g) while such final determina13 tion is pending review under subsection (i). 

14 ‘‘(i) APPEALS.—(1) The Secretary shall establish a 

15 process by which an educational institution or the owner 

16 of an educational institution that is the subject of more than 

17 one final determination by the Under Secretary under sub18 section (g)(1) that the educational institution or owner vio19 lated subsection (a), may request a review of the most recent 

20 final determination. 

21 ‘‘(2)(A) The Secretary shall— 

22 ‘‘(i) review each final determination for which a 

23 review is requested under paragraph (1); and 
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1 ‘‘(ii) pursuant to such review, issue a final deci2 sion sustaining, modifying, or overturning the final 

3 determination. 

4 ‘‘(B) The Secretary may not delegate any decision 

5 under subparagraph (A). 

6 ‘‘(C)(i) Review under subparagraph (A)(i) of this 

7 paragraph shall be the exclusive avenue for review of a final 

8 determination under subsection (g)(1). 

9 ‘‘(ii) A decision issued pursuant to a review under sub10 paragraph (A)(i) may not be appealed to the Secretary for 

11 review under section 7104(a) of this title. 

12 ‘‘(3)(A) Not later than 30 days after the date on which 

13 the Secretary issues a final decision under paragraph 

14 (2)(A)(ii), the Secretary shall submit to Congress a report 

15 on such final decision. 

16 ‘‘(B) A report submitted under subparagraph (A) shall 

17 include the following: 

18 ‘‘(i) An outline of the decisionmaking process of 

19 the Secretary that led to the final decision described 

20 in subparagraph (A). 

21 ‘‘(ii) Any relevant material used to make the 

22 final decision under paragraph (2)(A)(ii), including 

23 risk-based surveys and documentation from the edu24 cational institution or the owners of the educational 

25 institution. 
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1 ‘‘(iii) Materials that were submitted to the Sec2 retary after the date of the final determination under 

3 subsection (g) that was the subject of the final deci4 sion under paragraph (2)(A)(ii) of this subsection 

5 and before the date on which the Secretary issued 

6 such final decision. 

7 ‘‘(j) REINSTATEMENT OF APPROVAL.—(1) If an edu8 cational institution or the owner of an educational institu9 tion has had the approval of the courses or programs of 

10 education of the educational institution suspended as de11 scribed in clause (ii) of subsection (h)(1)(A) or revoked as 

12 described in clause (iii) of such subsection for a violation 

13 of subsection (a), (c), or (d) pursuant to subparagraph (C) 

14 or (D) of subsection (h)(1), the educational institution or 

15 owner may submit to the applicable State approving agency 

16 or the Secretary when acting as a State approving agency 

17 an application for reinstatement of approval under this 

18 subsection. 

19 ‘‘(2) Approval under this chapter may not be rein20 stated under this subsection until— 

21 ‘‘(A) the educational institution or owner sub22 mits to the applicable State approving agency or the 

23 Secretary when acting as a State approving agency 

24 an application for reinstatement of approval under 

25 paragraph (1); 
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1 ‘‘(B) the date that is 540 days after the date of 

2 the most recent suspension or revocation described in 

3 paragraph (1) of the educational institution or owner; 

4 ‘‘(C) the educational institution submits a report 

5 by an approved third-party auditor on the adver6 tising and enrollment practices of the educational in7 stitution, including those of its third-party contrac8 tors; 

9 ‘‘(D) procedures are in place to prevent any fu10 ture violation of subsection (a), (c), or (d); 

11 ‘‘(E) that the educational institution has met all 

12 factors set forth in subsection (h)(2); and 

13 ‘‘(F) the Secretary agrees to such reinstatement. 

14 ‘‘(k) RULE OF CONSTRUCTION REGARDING STATE AP15 PROVING AGENCIES AND RISK-BASED SURVEYS.—Nothing 

16 in this section shall be construed to prohibit a State approv17 ing agency from conducting any risk-based survey the State 

18 approving agency considers appropriate at any educational 

19 institution that it considers appropriate for oversight pur20 poses. 

21 ‘‘(l) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘approved third-party auditor’ 

23 means an independent third-party auditor that is ap24 proved by the Secretary for purposes of third-party 

25 audits under this section. 
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1 ‘‘(2) The term ‘risk-based survey’ means the risk2 based survey developed under section 3673A of this 

3 title.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 36 of such title is 

6 amended by striking the item relating to section 3696 

7 and inserting the following new item: 

‘‘3696. Prohibition on certain advertising, sales, and enrollment practices.’’. 

8 (b) REQUIREMENTS FOR NONACCREDITED

9 COURSES.—Paragraph (10) of section 3676(c) of such title 

10 is amended to read as follows: 

11 ‘‘(10) The institution, and any entity that owns 

12 the institution, does not engage in substantial mis13 representation described in section 3696(e) of this 

14 title. The institution shall not be deemed to have met 

15 this requirement until the State approving agency— 

16 ‘‘(A) has ascertained that no Federal de17 partment or agency has taken a punitive action, 

18 not including a settlement agreement, against 

19 the school for misleading or deceptive practices; 

20 ‘‘(B) has, if such an order has been issued, 

21 given due weight to that fact; and 

22 ‘‘(C) has reviewed the complete record of ad23 vertising, sales, or enrollment materials (and 

24 copies thereof) used by or on behalf of the institu25 tion during the preceding 12-month period.’’. 
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1 (c) APPLICATION DATE.—The amendments made by 

2 this section shall take effect on August 1, 2021. 

3 SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL AS4 SISTANCE FOR INDIVIDUALS WHO DO NOT 

5 TRANSFER CREDITS FROM CERTAIN CLOSED 

6 OR DISAPPROVED PROGRAMS OF EDU7 CATION. 

8 (a) IN GENERAL.—Subsection (c) of section 3699 of 

9 title 38, United States Code, is amended to read as follows: 

10 ‘‘(c) PERIOD NOT CHARGED.—(1) The period for 

11 which, by reason of this subsection, educational assistance 

12 is not charged against entitlement or counted toward the 

13 applicable aggregate period under section 3695 of this title 

14 shall not exceed the aggregate of— 

15 ‘‘(A) the portion of the period of enrollment in 

16 the course from which the individual did not receive 

17 credit or with respect to which the individual lost 

18 training time, as determined under subsection (b)(2); 

19 and 

20 ‘‘(B) the period by which a monthly stipend is 

21 extended under section 3680(a)(2)(B) of this title. 

22 ‘‘(2)(A) An individual described in subparagraph (B) 

23 who transfers fewer than 12 credits from a program of edu24 cation that is closed or disapproved as described in sub25 section (b)(1) shall be deemed to be an individual who did 
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1 not receive such credits, as described in subsection (b)(2), 

2 except that the period for which such individual’s entitle3 ment is not charged shall be the entire period of the individ4 ual’s enrollment in the program of education. In carrying 

5 out this subparagraph, the Secretary, in consultation with 

6 the Secretary of Education, shall establish procedures to de7 termine whether the individual transferred credits to a com8 parable course or program of education. 

9 ‘‘(B) An individual described in this subparagraph is 

10 an individual who is enrolled in a course or program of 

11 education closed or discontinued as described in subsection 

12 (b)(1) during the period beginning on the date that is 120 

13 days before the date of such closure or discontinuance and 

14 ending on the date of such closure or discontinuance, as 

15 the case may be. 

16 ‘‘(C) This paragraph shall apply with respect to a 

17 course or program of education closed or discontinued before 

18 September 30, 2023.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on August 1, 2021. 
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1 SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREAT2 MENT OF FOR-PROFIT EDUCATIONAL INSTI3 TUTIONS CONVERTED TO NONPROFIT EDU4 CATIONAL INSTITUTIONS. 

5 (a) IN GENERAL.—Subchapter II of chapter 36 of title 

6 38, United States Code, is amended by adding at the end 

7 the following new section: 

8 ‘‘§ 3699B. Treatment of certain for-profit educational 

9 institutions 

10 ‘‘(a) IN GENERAL.—In the case of any for-profit edu11 cational institution that is converted to a nonprofit edu12 cational institution, the State approving agency or the Sec13 retary when acting as a State approving agency shall con14 duct annual risk-based surveys of the institution during the 

15 three-year period beginning on the date on which the edu16 cational institution is so converted. 

17 ‘‘(b) RISK-BASED SURVEY DEFINED.—In this section, 

18 the term ‘risk-based survey’ means the risk-based survey de19 veloped under section 3673A of this title.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections at 

21 the beginning of such chapter is amended by inserting after 

22 the item relating to section 3699A the following new item: 

‘‘3699B. Treatment of certain for-profit educational institutions.’’. 

23 (c) APPLICABILITY.—Section 3699B of title 38, United 

24 States Code, as added by subsection (a), shall apply with 

25 respect to the conversion of a for-profit educational institu-
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1 tion to a nonprofit educational institution that occurs on 

2 or after the date of the enactment of this Act. 

3 SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO 

4 CONDUCT OUTREACH ACTIVITIES. 

5 Section 3673 of title 38, United States Code, as amend6 ed by section 1014 of this title, is further amended by add7 ing at the end the following new subsection: 

8 ‘‘(f) OUTREACH ACTIVITIES.—(1) A State approving 

9 agency may conduct outreach activities if— 

10 ‘‘(A) the State approving agency has properly 

11 conducted its enforcement and approval of courses 

12 and programs of education under this chapter; and 

13 ‘‘(B) funds are still available to do so. 

14 ‘‘(2) For purposes of paragraph (1)(A), a State ap15 proving agency shall be considered to have properly con16 ducted its enforcement and approval of courses and pro17 grams of education under this chapter if the State approv18 ing agency has— 

19 ‘‘(A) met fulfilled its requirements pursuant to 

20 the applicable cooperative agreements between the 

21 State approving agency and the Department relating 

22 to the oversight and approval of courses and pro23 grams of education under this chapter; and 

24 ‘‘(B) completed a risk-based survey of any course 

25 or program of education determined to be of question-
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1 able quality or at risk by any Federal or State agen2 cy or any accrediting agency. 

3 ‘‘(3) Outreach activities conducted under paragraph 

4 (1) shall be carried out using amounts derived from 

5 amounts not specifically appropriated to carry out this sub6 section.’’. 

7 SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRA8 TION OF STATE APPROVING AGENCIES. 

9 (a) IN GENERAL.—Section 3671 of title 38, United 

10 States Code, is amended by adding at the end the following 

11 new subsection: 

12 ‘‘(c) A State department or agency may not be recog13 nized as a State approving agency designated under this 

14 section if such State department or agency is administered 

15 at or colocated with a university or university system whose 

16 courses or programs of education would be subject to ap17 proval under this chapter by the State approving agency 

18 in that State.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on the date that is 180 days 

21 after the date of the enactment of this Act. 
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1 SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR 

2 TRAINING AND REHABILITATION FOR CER3 TAIN VETERANS WITH SERVICE-CONNECTED 

4 DISABILITIES. 

5 (a) IN GENERAL.—Section 3103 of title 38, United 

6 States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘or (e)’’ and 

8 inserting ‘‘(e), or (g)’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(g) Subsection (a) shall not apply to a veteran who 

12 was discharged or released from active military, naval, or 

13 air service on or after January 1, 2013.’’. 

14 (b) CONFORMING AMENDMENT.—Section 6(c) of the 

15 Student Veteran Coronavirus Response Act of 2020 (134 

16 Stat. 633; Public Law 116–140) is amended by striking 

17 paragraph (1). 

18 Subtitle B—Pandemic Assistance 

19 SEC. 1101. DEFINITIONS. 

20 In this subtitle: 

21 (1) COVERED PROGRAM OF EDUCATION.—The 

22 term ‘‘covered program of education’’ means a pro23 gram of education (as defined in section 3002 of title 

24 38, United States Code) approved by a State approv25 ing agency, or the Secretary of Veterans Affairs when 

26 acting in the role of a State approving agency. 
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1 (2) COVID–19 EMERGENCY.—The term 

2 ‘‘COVID–19 emergency’’ means the public health 

3 emergency declared pursuant to section 319 of the 

4 Public Health Service Act on January 31, 2020, enti5 tled ‘‘Determination that a Public Health Emergency 

6 Exists Nationwide as the Result of the 2019 Novel 

7 Coronavirus’’. 

8 (3) EDUCATIONAL INSTITUTION.—The term 

9 ‘‘educational institution’’ has the meaning given that 

10 term in section 3452(c) of title 38, United States 

11 Code, and includes an institution of higher learning 

12 (as defined in such section). 

13 (4) STATE APPROVING AGENCY.—The term 

14 ‘‘State approving agency’’ has the meaning given that 

15 term in section 3671 of title 38, United States Code. 

16 (5) TRAINING ESTABLISHMENT.—The term 

17 ‘‘training establishment’’ has the meaning given that 

18 term in section 3452(e) of title 38, United States 

19 Code. 

20 (6) TRAINING.—The term ‘‘training’’ includes 

21 on-job training and apprenticeship programs and vo22 cational rehabilitation programs. 
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1 SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS 

2 AFFAIRS EDUCATIONAL ASSISTANCE BENE3 FITS DURING COVID–19 EMERGENCY. 

4 (a) AUTHORITY.—If the Secretary of Veterans Affairs 

5 determines under subsection (c) that an individual is nega6 tively affected by the COVID–19 emergency, the Secretary 

7 may provide educational assistance to that individual 

8 under the laws administered by the Secretary as if such 

9 negative effects did not occur. The authority under this sec10 tion is in addition to the authority provided under section 

11 1 of Public Law 116–128 (38 U.S.C. 3001 note prec.), but 

12 in no case may the Secretary provide more than a total 

13 of four weeks of additional educational assistance by reason 

14 of section 4 of the Student Veteran Coronavirus Response 

15 Act of 2020 (Public Law 116–140; 38 U.S.C. 3680 note) 

16 and this section. 

17 (b) HOUSING AND ALLOWANCES.—In providing edu18 cational assistance to an individual pursuant to subsection 

19 (a), the Secretary may— 

20 (1) continue to pay a monthly housing stipend 

21 under chapter 33 of title 38, United States Code, dur22 ing a month the individual would have been enrolled 

23 in a program of education or training but for the 

24 COVID–19 emergency at the same rate such stipend 

25 would have been payable if the individual had not 

26 been negatively affected by the COVID–19 emergency, 
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1 except that the total number of weeks for which sti2 pends may continue to be so payable may not exceed 

3 four weeks; and 

4 (2) continue to pay payments or subsistence al5 lowances under chapters 30, 31, 32, 33, and 35 of 

6 such title and chapter 1606 of title 10, United States 

7 Code, during a month for a period of time that the 

8 individual would have been enrolled in a program of 

9 education or training but for the COVID–19 emer10 gency, except that the total number of weeks for which 

11 payments or allowances may continue to be so pay12 able may not exceed four weeks. 

13 (c) DETERMINATION OF NEGATIVE EFFECTS.—The 

14 Secretary shall determine that an individual was negatively 

15 affected by the COVID–19 emergency if— 

16 (1) the individual is enrolled in a covered pro17 gram of education of an educational institution or 

18 enrolled in training at a training establishment and 

19 is pursuing such program or training using edu20 cational assistance under the laws administered by 

21 the Secretary; 

22 (2) the educational institution or training estab23 lishment certifies to the Secretary that such program 

24 or training is truncated, delayed, relocated, canceled, 

25 partially canceled, converted from being on-site to 
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1 being offered by distance learning, or otherwise modi2 fied or made unavailable by reason of the COVID–19 

3 emergency; and 

4 (3) the Secretary determines that the modifica5 tion to such program or training specified under 

6 paragraph (2) would reduce the amount of edu7 cational assistance (including with respect to monthly 

8 housing stipends, payments, or subsistence allow9 ances) that would be payable to the individual but for 

10 the COVID–19 emergency. 

11 (d) EFFECT ON ENTITLEMENT PERIOD.—If the Sec12 retary determines that an individual who received assist13 ance under this section did not make progress toward the 

14 completion of the program of education in which the indi15 vidual is enrolled during the period for which the indi16 vidual received such assistance, any assistance provided 

17 pursuant to this section shall not be counted for purposes 

18 of determining the total amount of an individual’s entitle19 ment to educational assistance, housing stipends, or pay20 ments or subsistence allowances under chapters 30, 31, 32, 

21 and 35 of such title and chapter 1606 of title 10, United 

22 States Code. 

23 (e) APPLICABILITY PERIOD.—This section shall apply 

24 during the period beginning on March 1, 2020, and ending 

25 on December 21, 2021. 
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1 SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTI2 TUTION AND MODIFICATION OF COURSES BY 

3 REASON OF COVID–19 EMERGENCY. 

4 (a) CLOSURE OR DISAPPROVAL.—Any payment of 

5 educational assistance described in subsection (b) shall 

6 not— 

7 (1) be charged against any entitlement to edu8 cational assistance of the individual concerned; or 

9 (2) be counted against the aggregate period for 

10 which section 3695 of title 38, United States Code, 

11 limits the receipt of educational assistance by such in12 dividual. 

13 (b) EDUCATIONAL ASSISTANCE DESCRIBED.—Subject 

14 to subsection (d), the payment of educational assistance de15 scribed in this subsection is the payment of such assistance 

16 to an individual for pursuit of a course or program of edu17 cation at an educational institution under chapter 30, 31, 

18 32, 33, or 35 of title 38, United States Code, or chapter 

19 1606 of title 10, United States Code, if the Secretary deter20 mines that the individual— 

21 (1) was unable to complete such course or pro22 gram as a result of— 

23 (A) the closure of the educational institu24 tion, or the full or partial cancellation of a 

25 course or program of education, by reason of the 

26 COVID–19 emergency; or 
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1 (B) the disapproval of the course or a course 

2 that is a necessary part of that program under 

3 chapter 36 of title 38, United States Code, be4 cause the course was modified by reason of such 

5 emergency; and 

6 (2) did not receive credit or lost training time, 

7 toward completion of the program of education being 

8 so pursued. 

9 (c) HOUSING ASSISTANCE.—In this section, edu10 cational assistance includes, as applicable— 

11 (1) monthly housing stipends payable under 

12 chapter 33 of title 38, United States Code, for any 

13 month the individual would have been enrolled in a 

14 course or program of education; and 

15 (2) payments or subsistence allowances under 

16 chapters 30, 31, 32, and 35 of such title and chapter 

17 1606 of title 10, United States Code, during a month 

18 the individual would have been enrolled in a course 

19 or program of education. 

20 (d) PERIOD NOT CHARGED.—The period for which, by 

21 reason of this subsection, educational assistance is not 

22 charged against entitlement or counted toward the applica23 ble aggregate period under section 3695 of title 38, United 

24 States Code, shall not exceed the aggregate of— 
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1 (1) the portion of the period of enrollment in the 

2 course from which the individual did not receive cred3 it or with respect to which the individual lost train4 ing time, as determined under subsection (b)(2); and 

5 (2) the period by which a monthly stipend is ex6 tended under section 3680(a)(2)(B) of title 38, United 

7 States Code. 

8 (e) CONTINUING PURSUIT OF DISAPPROVED

9 COURSES.— 

10 (1) IN GENERAL.—The Secretary may treat a 

11 course of education that is disapproved under chapter 

12 36 of title 38, United States Code, as being approved 

13 under such chapter with respect to an individual de14 scribed in paragraph (2) if the Secretary determines, 

15 on a programmatic basis, that— 

16 (A) such disapproval is the result of an ac17 tion described in subsection (b)(1)(B); and 

18 (B) continuing pursuing such course is in 

19 the best interest of the individual. 

20 (2) INDIVIDUAL DESCRIBED.—An individual de21 scribed in this paragraph is an individual who is 

22 pursuing a course of education at an educational in23 stitution under chapter 30, 31, 32, 33, or 35 of title 

24 38, United States Code, or chapter 1606 of title 10, 
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1 United States Code, as of the date on which the course 

2 is disapproved as described in subsection (b)(1)(B). 

3 (f) STATUS AS FULL-TIME STUDENT FOR PURPOSES

4 OF HOUSING STIPEND CALCULATION.—In the case of an 

5 individual who, as of the first day of the COVID–19 emer6 gency was enrolled on a full-time basis in a program of 

7 education and was receiving educational assistance under 

8 chapter 33 of title 38, United States Code, or subsistence 

9 allowance under chapter 31 of such title, and for whom the 

10 Secretary makes a determination under subsection (b), the 

11 individual shall be treated as an individual enrolled in a 

12 program of education on a full-time basis for the purpose 

13 of calculating monthly housing stipends payable under 

14 chapter 33 of title 38, United States Code, or subsistence 

15 allowance payable under chapter 31 of such title, for any 

16 month the individual is enrolled in the program of edu17 cation on a part-time basis to complete any course of edu18 cation that was partially or fully canceled by reason of the 

19 COVID–19 emergency. 

20 (g) NOTICE OF CLOSURES.—Not later than 5 business 

21 days after the date on which the Secretary receives notice 

22 that an educational institution will close or is closed by 

23 reason of the COVID–19 emergency, the Secretary shall pro24 vide to each individual who is enrolled in a course or pro25 gram of education at such educational institution using en-
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1 titlement to educational assistance under chapter 30, 31, 

2 32, 33, or 35 of title 38, United States Code, or chapter 

3 1606 of title 10, United States Code, notice of— 

4 (1) such closure and the date of such closure; and 

5 (2) the effect of such closure on the individual’s 

6 entitlement to educational assistance pursuant to this 

7 section. 

8 (h) APPLICABILITY.—This section shall apply with re9 spect to the closure of an educational institution, or the can10 cellation or modification of a course or program of edu11 cation, that occurs during the period beginning on March 

12 1, 2020, and ending on December 21, 2021. 

13 SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN 

14 CASES OF WITHDRAWAL. 

15 (a) IN GENERAL.—In the case of any individual who 

16 withdraws from a program of education or training, other 

17 than a program by correspondence, in an educational insti18 tution under chapter 31, 34, or 35 of title 38, United States 

19 Code, for a covered reason during the period beginning on 

20 March 1, 2020, and ending on December 21, 2021, the Sec21 retary of Veterans Affairs shall find mitigating cir22 cumstances for purposes of section 3680(a)(1)(C)(ii) of title 

23 38, United States Code. 
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1 (b) COVERED REASON.—In this section, the term ‘‘cov2 ered reason’’ means any reason related to the COVID–19 

3 emergency, including— 

4 (1) illness, quarantine, or social distancing re5 quirements; 

6 (2) issues associated with COVID–19 testing ac7 cessibility; 

8 (3) access or availability of childcare; 

9 (4) providing care for a family member or co10 habitants; 

11 (5) change of location or residence due to 

12 COVID–19 or associated school closures; 

13 (6) employment changes or financial hardship; 

14 and 

15 (7) issues associated with changes in format or 

16 medium of instruction. 

17 SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE 

18 OF ENTITLEMENT. 

19 (a) MONTGOMERY GI BILL.—The subsection (i) tempo20 rarily added to section 3031 of title 38, United States Code, 

21 by subsection (a) of section 6 of the Student Veteran 

22 Coronavirus Response Act of 2020 (Public Law 116–140) 

23 is amended— 

24 (1) in paragraph (1), by striking ‘‘the period the 

25 individual is so prevented from pursuing such pro-
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1 gram’’ and inserting ‘‘the period beginning on March 

2 1, 2020, and ending on December 21, 2021’’; and 

3 (2) in paragraph (2), by striking ‘‘the first day 

4 after the individual is able to resume pursuit of a 

5 program of education with educational assistance 

6 under this chapter’’ and inserting ‘‘December 22, 

7 2021’’. 

8 (b) VOCATIONAL REHABILITATION AND TRAINING.— 

9 The subsection (g) temporarily added to section 3103 of title 

10 38, United States Code, by subsection (c) of such section 

11 6 is amended— 

12 (1) in paragraph (1), by striking ‘‘the period the 

13 individual is so prevented from participating such 

14 program’’ and inserting ‘‘the period beginning on 

15 March 1, 2020, and ending on December 21, 2021’’; 

16 and 

17 (2) in paragraph (2), by striking ‘‘the first day 

18 after the individual is able to resume participation in 

19 such program’’ and inserting ‘‘December 22, 2021’’. 

20 SEC. 1106. APPRENTICESHIP OR ON-JOB TRAINING RE21 QUIREMENTS. 

22 (a) IN GENERAL.—During the period described in sub23 section (b), subsection (e) of section 3687 of title 38, United 

24 States Code, shall be applied by substituting the following 

25 for paragraph (2): 
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1 ‘‘(2)(A) Subject to subparagraphs (B) and (C), 

2 for any month in which an individual fails to com3 plete 120 hours of training, the entitlement otherwise 

4 chargeable under paragraph (1) shall be reduced in 

5 the same proportion as the monthly training assist6 ance allowance payable is reduced under subsection 

7 (b)(3). 

8 ‘‘(B) In the case of an individual who is unem9 ployed during any month, the 120-hour requirement 

10 under subparagraph (A) for that month shall be re11 duced proportionately to reflect the individual’s pe12 riod of unemployment, except that the amount of 

13 monthly training assistance otherwise payable to the 

14 individual under subsection (b)(3) shall not be re15 duced. 

16 ‘‘(C) Any period during which an individual is 

17 unemployed shall not— 

18 ‘‘(i) be charged against any entitlement to 

19 educational assistance of the individual; or 

20 ‘‘(ii) be counted against the aggregate pe21 riod for which section 3695 of this title limits the 

22 receipt of educational assistance by such indi23 vidual. 
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1 ‘‘(D) Any amount by which the entitlement of an 

2 individual is reduced under subparagraph (A) shall 

3 not— 

4 ‘‘(i) be charged against any entitlement to 

5 educational assistance of the individual; or 

6 ‘‘(ii) be counted against the aggregate pe7 riod for which section 3695 of this title limits the 

8 receipt of educational assistance by such indi9 vidual. 

10 ‘‘(E) In the case of an individual who fails to 

11 complete 120 hours of training during a month, but 

12 who completed more than 120 hours of training dur13 ing the preceding month, the individual may apply 

14 the number of hours in excess of 120 that the indi15 vidual completed for that month to the month for 

16 which the individual failed to complete 120 hours. If 

17 the addition of such excess hours results in a total of 

18 120 hours or more, the individual shall be treated as 

19 an individual who has completed 120 hours of train20 ing for that month. Any excess hours applied to a dif21 ferent month under this subparagraph may only be 

22 applied to one such month. 

23 ‘‘(F) This paragraph applies to amounts de24 scribed in section 3313(g)(3)(B)(iv) and section 
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1 3032(c)(2) of this title and section 16131(d)(2) of title 

2 10. 

3 ‘‘(G) In this paragraph: 

4 ‘‘(i) The term ‘unemployed’ includes being 

5 furloughed or being scheduled to work zero hours. 

6 ‘‘(ii) The term ‘fails to complete 120 hours 

7 of training’ means, with respect to an indi8 vidual, that during any month, the individual 

9 completes at least one hour, but fewer than 120 

10 hours, of training, including in a case in which 

11 the individual is unemployed for part of, but not 

12 the whole, month.’’. 

13 (b) APPLICABILITY PERIOD.—The period described in 

14 this section is the period beginning on March 1, 2020, and 

15 ending on December 21, 2021. 

16 SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN 

17 CERTAIN PROVISIONS RELATED TO COVID–19 

18 EMERGENCY. 

19 (a) CONTINUATION OF BENEFITS.—Section 1 of Public 

20 Law 116–128 is amended— 

21 (1) in subsection (a), by inserting ‘‘or a training 

22 establishment’’ after ‘‘an educational institution’’; 

23 and 

24 (2) in subsection (c), by adding at the end the 

25 following new paragraph: 
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1 ‘‘(4) TRAINING ESTABLISHMENT.—The term 

2 ‘training establishment’ has the meaning given such 

3 term in section 3452(e) of title 38, United States 

4 Code.’’. 

5 (b) PAYMENT OF ALLOWANCES.—Section 4(a)(1) of the 

6 Student Veteran Coronavirus Response Act of 2020 (Public 

7 Law 116–140; 38 U.S.C. 3680 note) is amended by insert8 ing ‘‘or a training establishment’’ after ‘‘educational insti9 tution’’. 

10 (c) PROHIBITION OF CHARGE TO ENTITLEMENT.—The 

11 subparagraph (C) temporarily added to section 3699(b)(1) 

12 of title 38, United States Code, by section 5 of the Student 

13 Veteran Coronavirus Response Act of 2020 (Public Law 

14 116–140; 38 U.S.C. 3699 note) is amended by inserting ‘‘or 

15 training establishment’’ after ‘‘educational institution’’. 

16 (d) EXTENSION OF TIME LIMITATIONS.— 

17 (1) MGIB.—The subsection (i) temporarily 

18 added to section 3031 of title 38, United States Code, 

19 by subsection (a) of section 6 of the Student Veteran 

20 Coronavirus Response Act of 2020 (Public Law 116– 

21 140), as amended by section 1105 of this title, is fur22 ther amended by inserting ‘‘or training establish23 ment’’ after ‘‘educational institution’’. 

24 (2) TRANSFER PERIOD.—The subparagraph (C) 

25 temporarily added to section 3319(h)(5) of such title 
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1 by section 6 of the Student Veteran Coronavirus Re2 sponse Act of 2020 (Public Law 116–140) is amended 

3 by inserting ‘‘or training establishment’’ after ‘‘edu4 cational institution’’. 

5 SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES 

6 UNDER STUDENT VETERAN CORONAVIRUS 

7 RESPONSE ACT. 

8 Section 4 of the Student Veteran Coronavirus Response 

9 Act of 2020 (Public Law 116–140) is amended— 

10 (1) in subsection (b)— 

11 (A) by striking ‘‘may not exceed four 

12 weeks.’’ and inserting ‘‘may not exceed the short13 er of the following:’’; and 

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

15 paragraphs: 

16 ‘‘(1) The period of time that the eligible veteran 

17 or eligible person would have been enrolled in a pro18 gram of education or training but for the emergency 

19 situation. 

20 ‘‘(2) Four weeks.’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(e) ENTITLEMENT NOT CHARGED.—Any payment of 

24 allowances under this section shall not— 
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1 ‘‘(1) be charged against any entitlement to edu2 cational assistance of the eligible veteran or eligible 

3 person concerned; or 

4 ‘‘(2) be counted against the aggregate period for 

5 which section 3695 of this title 38, United States 

6 Code, limits the receipt of educational assistance by 

7 such eligible veteran or eligible person.’’. 

8 TITLE II—BENEFITS 

9 Subtitle A—Benefits Generally 

10 SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR 

11 PURPOSES OF THE LAWS ADMINISTERED BY 

12 THE SECRETARY OF VETERANS AFFAIRS. 

13 Section 101(29)(A) of title 38, United States Code, is 

14 amended by striking ‘‘February 28, 1961’’ and inserting 

15 ‘‘November 1, 1955’’. 

16 SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VET17 ERANS AFFAIRS MEDICAL DISABILITY EXAMI18 NATIONS. 

19 (a) TEMPORARY CLARIFICATION OF LICENSURE RE20 QUIREMENTS FOR CONTRACTOR MEDICAL PROFESSIONALS

21 TO PERFORM MEDICAL DISABILITY EXAMINATIONS FOR

22 THE DEPARTMENT OF VETERANS AFFAIRS UNDER PILOT

23 PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DIS24 ABILITY EXAMINATIONS.— 
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1 (1) IN GENERAL.—Subsection (c) of section 504 

2 of the Veterans’ Benefits Improvements Act of 1996 

3 (Public Law 104–275; 38 U.S.C. 5101 note) is 

4 amended to read as follows: 

5 ‘‘(c) LICENSURE OF CONTRACT HEALTH CARE PRO6 FESSIONALS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any law re8 garding the licensure of health care professionals, a 

9 health care professional described in paragraph (2) 

10 may conduct an examination pursuant to a contract 

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

12 any State, the District of Columbia, or a Common13 wealth, territory, or possession of the United States, 

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

15 authorized duties under such contract. 

16 ‘‘(2) HEALTH CARE PROFESSIONAL DE17 SCRIBED.—A health care professional described in 

18 this paragraph is a physician, physician assistant, 

19 nurse practitioner, audiologist, or psychologist, who— 

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

21 practice the health care profession of the physi22 cian, physician assistant, nurse practitioner, au23 diologist, or psychologist, as the case may be; 

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

25 health care profession in any State, the District 
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1 of Columbia, or a Commonwealth, territory, or 

2 possession of the United States; and 

3 ‘‘(C) is performing authorized duties for the 

4 Department of Veterans Affairs pursuant to a 

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

6 (2) PURPOSE.—The purpose of the amendment 

7 made by paragraph (1) is to expand the license port8 ability for physicians assistants, nurse practitioners, 

9 audiologists, and psychologists to supplement the ca10 pacity of employees of the Department to provide 

11 medical examinations described in subsection (b). 

12 (3) RULE OF CONSTRUCTION.—The amendment 

13 made by paragraph (1) shall not be construed to af14 fect the license portability for physicians in effect 

15 under section 504(c) of such Act as in effect on the 

16 day before the date of the enactment of this Act. 

17 (4) SUNSET.—On the date that is three years 

18 after the date of the enactment of this Act, subsection 

19 (c) of such section shall read as it read on the day 

20 before the date of the enactment of this Act. 

21 (b) TEMPORARY HALT ON ELIMINATION OF MEDICAL

22 EXAMINER POSITIONS IN DEPARTMENT OF VETERANS AF23 FAIRS.—The Secretary of Veterans Affairs shall tempo24 rarily suspend the efforts of the Secretary in effect on the 

25 day before the date of the enactment of this Act to eliminate 
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1 medical examiner positions in the Department of Veterans 

2 Affairs until the number of individuals awaiting a medical 

3 examination with respect to medical disability of the indi4 viduals for benefits under laws administered by the Sec5 retary that are carried out through the Under Secretary for 

6 Benefits is equal to or less than the number of such individ7 uals who were awaiting such a medical examination with 

8 respect to such purposes on March 1, 2020. 

9 (c) REPORT ON PROVISION OF MEDICAL EXAMINA10 TIONS.— 

11 (1) IN GENERAL.—Not later than 180 days after 

12 the date of the enactment of this Act, the Secretary 

13 shall submit to the appropriate committees of Con14 gress a report on the provision of medical examina15 tions described in subsection (b) by the Department. 

16 (2) CONTENTS.—The report submitted under 

17 paragraph (1) shall cover the following: 

18 (A) How the Secretary will increase the ca19 pacity, efficiency, and timeliness of physician 

20 assistants, nurse practitioners, audiologists, and 

21 psychologists of the Veterans Health Administra22 tion with respect to completing medical exami23 nations described in subsection (b). 

24 (B) The total number of full-time equivalent 

25 employees among all physician assistants, nurse 
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1 practitioners, audiologists, and psychologists 

2 needed for the increases described in subpara3 graph (A). 

4 (C) An assessment regarding the importance 

5 of retaining a critical knowledge base within the 

6 Department for performing medical examina7 tions for veterans filing claims for compensation 

8 under chapters 11 and 13 of title 38, United 

9 States Code, including with respect to military 

10 sexual trauma, post-traumatic stress disorder, 

11 traumatic brain injury, and toxic exposure. 

12 (3) COLLABORATION.—The Secretary shall col13 laborate with the veterans community and stake14 holders in the preparation of the report required by 

15 paragraph (1). 

16 (4) APPROPRIATE COMMITTEES OF CONGRESS

17 DEFINED.—In this subsection, the term ‘‘appropriate 

18 committees of Congress’’ means— 

19 (A) the Committee on Veterans’ Affairs and 

20 the Committee on Appropriations of the Senate; 

21 and 

22 (B) the Committee on Veterans’ Affairs and 

23 the Committee on Appropriations of the House of 

24 Representatives. 
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1 (d) COMPTROLLER GENERAL OF THE UNITED STATES

2 REVIEW.— 

3 (1) REVIEW REQUIRED.—Not later than 360 

4 days after the date of the enactment of this Act, the 

5 Comptroller General of the United States shall com6 mence a review of the implementation of the pilot 

7 program authorized under subsection (a) of section 

8 504 of the Veterans’ Benefits Improvements Act of 

9 1996 (Public Law 104–275; 38 U.S.C. 5101 note). 

10 (2) ELEMENTS.—The review conducted under 

11 paragraph (1) shall include the following: 

12 (A) An assessment of the use of subsection 

13 (c) of section 504 of such Act, as amended by 

14 subsection (a)(1) of this section. 

15 (B) Efforts to retain and recruit medical 

16 examiners as employees of the Department. 

17 (C) Use of telehealth for medical examina18 tions described in subsection (b) that are admin19 istered by the Department. 

20 (e) BRIEFING ON RECOMMENDATIONS OF COMP21 TROLLER GENERAL OF THE UNITED STATES.—Not later 

22 than 60 days after the date of the enactment of this Act, 

23 the Secretary shall provide to the Committee on Veterans’ 

24 Affairs of the Senate and the Committee on Veterans’ Af25 fairs of the House of Representatives a briefing on how the 
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1 Secretary will implement the recommendations of the 

2 Comptroller General of the United States regarding— 

3 (1) the monitoring of the training of providers of 

4 examinations pursuant to contracts under section 504 

5 of the Veterans’ Benefits Improvements Act of 1996 

6 (Public Law 104–275; 38 U.S.C. 5101 note); and 

7 (2) ensuring such providers receive such train8 ing. 

9 (f) HOLDING UNDERPERFORMING CONTRACT MEDICAL

10 EXAMINERS ACCOUNTABLE.—The Secretary shall take such 

11 actions as may be necessary to hold accountable the pro12 viders of medical examinations pursuant to contracts under 

13 section 504 of the Veterans’ Benefits Improvements Act of 

14 1996 (Public Law 104–275; 38 U.S.C. 5101 note) who are 

15 underperforming in the meeting of the needs of veterans 

16 through the performance of medical examinations pursuant 

17 to such contracts. 

18 SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SUR19 VIVING SPOUSES. 

20 (a) CODIFICATION OF CURRENT RATE OF SPECIAL

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

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

23 inserting ‘‘$1,388.68’’. 

24 (b) SPECIAL PENSION FOR SURVIVING SPOUSES.— 
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1 (1) SURVIVING SPOUSE BENEFIT.—Such sub2 section is further amended— 

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

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

5 paragraph: 

6 ‘‘(2)(A) Except as provided in subparagraphs (B) and 

7 (C), the Secretary shall pay special pension under this sec8 tion to the surviving spouse of a person whose name has 

9 been entered on the Army, Navy, Air Force, and Coast 

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

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

12 of title 10. 

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

14 spouse of a person under this section unless such surviving 

15 spouse was married to such person— 

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

17 death; or 

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

19 of the marriage, or was born to them before the mar20 riage. 

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

22 spouse of a person under this section if such surviving 

23 spouse is receiving benefits under section 1311 or 1318 of 

24 this title.’’. 

25 (2) CONFORMING AMENDMENTS.— 
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1 (A) IN GENERAL.—Such section is amend2 ed— 

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

4 married to more than one person who has 

5 been awarded a medal of honor,’’ after 

6 ‘‘honor,’’; and 

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

8 ‘‘this section’’ and inserting ‘‘paragraph (1) 

9 of subsection (a), or under paragraph (2) of 

10 such subsection in the case of a posthumous 

11 entry on the Army, Navy, Air Force, and 

12 Coast Guard Medal of Honor Roll,’’. 

13 (B) SPECIAL PROVISIONS RELATING TO

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

15 amended by adding at the end the following new 

16 subparagraph: 

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

18 Honor special pension.’’. 

19 (3) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall apply with respect to pay21 ment of pension under section 1562 of title 38, United 

22 States Code, for months beginning after the date of 

23 the enactment of this Act. 
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1 SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VET2 ERANS INSURANCE. 

3 (a) ESTABLISHMENT OF MODERNIZED PROGRAM.— 

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

5 States Code, is amended by inserting after section 

6 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 in10 surance program under which a veteran is granted insur11 ance by the United States against the death of such indi12 vidual 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 such 

18 insurance before the veteran attains 81 years of age; 

19 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 vet26 eran attained such age, the Secretary first deter-
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1 mines that the veteran has a service-connected 

2 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 the 

8 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 amount 

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

17 $40,000 if the Secretary— 

18 ‘‘(i) determines that such maximum amount and 

19 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 Sen3 ate and the Committee on Veterans’ Affairs of the 

4 House of Representatives, such maximum amount 

5 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 the 

14 United States for the account of the revolving fund under 

15 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 average 

20 market yield (computed by the Secretary of the Treas21 ury on the basis of market quotations as of the end 

22 of the calendar month preceding the date of issue) on 

23 all marketable interest-bearing obligations of the 

24 United States then forming a part of the public debt 

25 which are not due or callable until after the expira-
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1 tion of four years from the end of such calendar 

2 month; except that where such average market yield 

3 is not a multiple of one-eighth of one per centum, the 

4 rate of interest of such obligation shall be the multiple 

5 of one-eighth of one per centum nearest such market 

6 yield. 

7 ‘‘(6)(A) Administrative support financed by the appro8 priations for ‘General Operating Expenses, Department of 

9 Veterans Affairs’ and ‘Information Technology Systems, 

10 Department of Veterans Affairs’ for the insurance program 

11 under paragraph (1) shall be paid from premiums credited 

12 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 avail15 able 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 to— 

19 ‘‘(1) whether such disability is compensable 

20 under chapter 11 of this title; or 

21 ‘‘(2) whether the veteran meets standards of good 

22 health required for other life insurance policies. 

23 ‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1) An eli24 gible veteran may enroll in the insurance program under 

25 subsection (a)(1) at any time. 
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1 ‘‘(2) The life insurance policy of a veteran who enrolls 

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

3 go into force unless— 

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

5 date of such enrollment; and 

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

7 during such two-year period. 

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

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

10 beneficiary of the veteran the amount of premiums paid by 

11 the veteran under this section, plus interest. 

12 ‘‘(B) The Secretary— 

13 ‘‘(i) for the initial year of the insurance program 

14 under subsection (a)(1)— 

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

16 percent; and 

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

18 year based on program experience, except that 

19 the interest rate may not be less than zero per20 cent; 

21 ‘‘(ii) for the second and each subsequent year of 

22 the program, shall calculate such interest at an an23 nual rate equal to the rate of return on the revolving 

24 fund under subsection (a)(5) for the calendar year 

25 preceding the year of the veteran’s death, except that 
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1 the interest rate may not be less than zero percent; 

2 and 

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

4 internet website of the Department the average inter5 est rate calculated under clause (ii) for the preceding 

6 calendar year. 

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

8 schedule of basic premium rates by age per $10,000 of in9 surance under subsection (a)(1) consistent with basic pre10 mium rates generally charged for guaranteed acceptance life 

11 insurance policies by private life insurance companies. 

12 ‘‘(2) The Secretary may adjust such schedule after the 

13 first policy year in a manner consistent with the general 

14 practice of guaranteed acceptance life insurance policies 

15 issued by private life insurance companies. 

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

17 insurance policies under subsection (a)(1), and the Sec18 retary may not otherwise waive premiums for such insur19 ance policies. 

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

21 insurance program under subsection (a)(1) may designate 

22 a beneficiary of the life insurance policy. 

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

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

25 under paragraph (1) before the veteran dies, or if a des-
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1 ignated beneficiary predeceases the veteran, the Secretary 

2 shall determine the beneficiary in the following order: 

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

4 ‘‘(B) The children of the veteran and descendants 

5 of deceased children by representation. 

6 ‘‘(C) The parents of the veteran or the survivors 

7 of the parents. 

8 ‘‘(D) The duly appointed executor or adminis9 trator of the estate of the veteran. 

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

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

12 of the death of the veteran. 

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

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

15 ‘‘(A) the designated beneficiary is the only per16 son who may file a claim for payment under sub17 section (g) during the one-year period beginning on 

18 the date of the death of the veteran; and 

19 ‘‘(B) if the designated beneficiary does not file a 

20 claim for the payment during the period described in 

21 paragraph (1), or if payment to the designated bene22 ficiary within that period is prohibited by Federal 

23 statute or regulation, a beneficiary described in sub24 section (e)(2) may file a claim for such payment dur25 ing the one-year period following the period described 
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1 in subparagraph (A) as if the designated beneficiary 

2 had predeceased the veteran. 

3 ‘‘(2) If the deceased veteran did not designate a bene4 ficiary under subsection (e)(1), or if the designated bene5 ficiary predeceased the veteran, a beneficiary described in 

6 subsection (e)(2) may file a claim for payment under sub7 section (g) during the two-year period beginning on the date 

8 of the death of the veteran. 

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

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

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

12 and the Secretary has not received notice that any such 

13 claim will be so filed during the subsequent one-year period, 

14 the Secretary may make the payment to a claimant whom 

15 the Secretary determines to be equitably entitled to such 

16 payment. 

17 ‘‘(g) PAYMENTS.—(1) In a case described in subsection 

18 (f)— 

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

20 pay the designated beneficiary not later than 90 days 

21 after the designated beneficiary files a complete and 

22 valid claim for payment; 

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

24 shall make any payment not later than one year after 

25 the end of the period described in the applicable such 
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1 paragraph, if the Secretary receives a complete and 

2 valid claim for payment in accordance with the ap3 plicable such paragraph; or 

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

5 any payment not later than one year after the end of 

6 the period described in such paragraph, if the Sec7 retary receives a complete and valid claim for pay8 ment. 

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

10 insurance payment under this section during the applicable 

11 period specified in paragraph (1) by reason of a beneficiary 

12 not yet having filed a claim, or the Secretary not yet mak13 ing a determination under subsection (f)(3), the Secretary 

14 may make the payment after such applicable period. 

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

16 Secretary shall make an insurance payment under this sec17 tion in a lump sum. 

18 ‘‘(4) The Secretary may not make an insurance pay19 ment under this section if such payment will escheat to a 

20 State. 

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

22 to recovery by any other person.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended by 
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1 inserting after the item relating to section 1922A the 

2 following new item: 

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

3 (b) SUNSET OF PREVIOUS PROGRAM AND TRANSI4 TION.— 

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

6 amended by adding at the end the following new sub7 section: 

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

9 by a veteran to be insured under this section after December 

10 31, 2022. 

11 ‘‘(2)(A) During the period beginning January 1, 2023, 

12 and ending December 31, 2025, a veteran who is insured 

13 under this section may elect to instead be insured under 

14 section 1922B of this title based on the age of the veteran 

15 at the time of such election. 

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

17 to be insured under section 1922B of this title shall be sub18 ject to the two-year waiting period specified in subsection 

19 (c) of such section. 

20 ‘‘(ii) If the veteran dies during such period, the Sec21 retary shall pay the beneficiary under this section, and, if 

22 applicable, under section 1922A, plus the amount of pre23 miums paid by the veteran under such section 1922B, plus 

24 interest. 
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1 ‘‘(3) Except as provided by paragraph (2)(B), a vet2 eran may not be insured under this section and section 

3 1922B simultaneously.’’. 

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

5 such title is amended by adding after the period at 

6 the end the following: ‘‘The Secretary may not accept 

7 any such application after December 31, 2022. Except 

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

9 not have supplemental insurance under this section 

10 and be insured under section 1922B simultaneously.’’. 

11 (c) CONFORMING AMENDMENTS.—Chapter 19 of such 

12 title is amended— 

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

14 striking ‘‘Service’’ and inserting ‘‘Legacy serv15 ice’’; 

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

17 striking ‘‘Supplemental’’ and inserting ‘‘Legacy 

18 supplemental’’; and 

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

20 such chapter by striking the items relating to sections 

21 1922 and 1922A and inserting the following new 

22 items: 

‘‘1922. Legacy service disabled veterans’ insurance. 

‘‘1922A. Legacy supplemental service disabled veterans’ insurance for totally disabled veterans.’’. 
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1 SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY 

2 PROTECTION UNDER SERVICEMEMBERS’ 

3 GROUP LIFE INSURANCE. 

4 Section 1980A of title 38, United States Code, is 

5 amended by adding at the end the following new subsection: 

6 ‘‘(l)(1) If a claim for benefits under this section is de7 nied, the Secretary concerned shall provide to the member 

8 at the same time as the member is informed of such denial 

9 a description of the following: 

10 ‘‘(A) Each reason for that denial, including a de11 scription of all the information upon which the denial 

12 is based and a description of the applicable laws, reg13 ulations, or policies, with appropriate citations, and 

14 an explanation of how such laws, regulations, or poli15 cies affected the denial. 

16 ‘‘(B) Each finding that is favorable to the mem17 ber. 

18 ‘‘(2) Any finding favorable to the member as described 

19 in paragraph (1)(B) shall be binding on all subsequent re20 views or appeals of the denial of the claim, unless clear and 

21 convincing evidence is shown to the contrary to rebut such 

22 favorable finding.’’. 
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1 SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY 

2 BENEFIT QUESTIONNAIRE FORMS OF DE3 PARTMENT OF VETERANS AFFAIRS. 

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

5 States Code, is amended— 

6 (1) by redesignating subsection (d) as subsection 

7 (e); and 

8 (2) by inserting after subsection (c) the following 

9 new subsection (d): 

10 ‘‘(d)(1) The Secretary shall publish in a central loca11 tion on the internet website of the Department— 

12 ‘‘(A) the disability benefit questionnaire forms of 

13 the Department for the submittal of evidence from 

14 non-Department medical providers regarding a dis15 ability of a claimant, including any form or process 

16 that replaces any such disability benefit questionnaire 

17 form; and 

18 ‘‘(B) details about the process used by the De19 partment for submittal of evidence described in sub20 paragraph (A). 

21 ‘‘(2) Subject to section 6103 of this title, if the Sec22 retary updates a form described in paragraph (1)(A), the 

23 Secretary shall— 

24 ‘‘(A) accept the previous version of the form filed 

25 by a claimant if— 
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1 ‘‘(i) the claimant provided to the non-De2 partment medical provider the previous version 

3 of the form before the date on which the updated 

4 version of the form was made available; and 

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

6 of the form during the one-year period following 

7 the date the form was completed by the non-De8 partment medical provider; 

9 ‘‘(B) request from the claimant (or from a non10 Department medical provider if the claimant has au11 thorized the provider to share health information with 

12 the Secretary) any other information that the updated 

13 version of the form requires; and 

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

15 adjudicate the claim as if the claimant filed the up16 dated version of the form. 

17 ‘‘(3) The Secretary may waive any interagency ap18 proval process required to approve a modification to a dis19 ability benefit questionnaire form if such requirement only 

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

21 (b) REPORTS BY INSPECTOR GENERAL OF THE DE22 PARTMENT OF VETERANS AFFAIRS.—Not less frequently 

23 than once each year through 2023, the Inspector General 

24 of the Department of Veterans Affairs shall submit to Con25 gress a report on the findings of the Inspector General with 
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1 respect to the use of the forms published under section 

2 5101(d)(1) of such title, as added by subsection (a). 

3 (c) INITIAL FORM.—The Secretary of Veterans Affairs 

4 shall begin carrying out section 5101(d)(1) of such title, as 

5 added by subsection (a), by publishing, as described in such 

6 section, the form described in such section that was in effect 

7 on January 1, 2020. 

8 (d) ALTERNATE PROCESS.— 

9 (1) ASSESSMENT AND REPORT.— 

10 (A) IN GENERAL.—Subject to paragraph 

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

12 enactment of this act, the Secretary shall— 

13 (i) assess the feasibility and advis14 ability of replacing disability benefit ques15 tionnaire forms that are used by non-De16 partment medical providers to submit to the 

17 Secretary evidence regarding a disability of 

18 a claimant for benefits under laws adminis19 tered by the Secretary, with another con20 sistent process that considers evidence equal21 ly, whether provided by a Department or a 

22 non-Department medical provider; and 

23 (ii) submit to Congress— 
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1 (I) a report on the findings of the 

2 Secretary with respect to the assess3 ment conducted under clause (i); and 

4 (II) if the report submitted under 

5 subclause (I) of this clause includes a 

6 finding that replacing the disability 

7 benefit questionnaire forms described 

8 in clause (i) as described in such 

9 clause is feasible and advisable, a plan 

10 to replace such forms as described in 

11 such clause. 

12 (B) COLLABORATION REQUIRED.—If, in 

13 carrying out the assessment required by clause 

14 (i) of subparagraph (A), the Secretary deter15 mines that replacing the disability benefit ques16 tionnaire forms described in such clause as de17 scribed in such clause is feasible and advisable, 

18 the Secretary shall collaborate with, partner 

19 with, and consider the advice of veterans service 

20 organizations, and such other stakeholders as the 

21 Secretary considers appropriate, on the replace22 ment forms and process for submitting such 

23 forms. 

24 (2) REQUIREMENTS.—The Secretary may only 

25 determine under paragraph (1)(A) that replacing the 
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1 forms described in such paragraph is feasible and ad2 visable if the Secretary certifies that— 

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

4 do so; 

5 (B) the replacement process would include 

6 all the medical information needed to adjudicate 

7 a claim for benefits under laws administered by 

8 the Secretary; and 

9 (C) the new process will ensure that all 

10 medical information provided will be considered 

11 equally, whether it is provided by a Department 

12 medical provider or a non-Department medical 

13 provider. 

14 (3) IMPLEMENTATION.— 

15 (A) IN GENERAL.—Subject to subparagraph 

16 (B), if the Secretary determines under para17 graph (1)(A) that replacing the forms as de18 scribed in such paragraph is feasible and advis19 able, the Secretary shall, not later than two 

20 years after the date on which the Secretary sub21 mits the report under paragraph (1)(B)(i)— 

22 (i) replace the forms as described in 

23 paragraph (1)(A); 
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1 (ii) publish such replacement pursuant 

2 to subparagraph (A) of section 5101(d)(1), 

3 as added by subsection (a)(2); and 

4 (iii) update the details under subpara5 graph (B) of such section. 

6 (B) REPORTS BY INSPECTOR GENERAL OF

7 THE DEPARTMENT OF VETERANS AFFAIRS.—If 

8 the Secretary replaces the forms under subpara9 graph (A), the Inspector General of the Depart10 ment of Veterans Affairs shall, not later than one 

11 year after the date that the Secretary replaces 

12 such forms and not less frequently than once 

13 each year thereafter until the date that is three 

14 years after the date on which the Secretary re15 places such forms, submit to Congress a report 

16 on the process that replaced such forms that as17 certains whether the process properly protects 

18 veterans. 

19 (4) LIMITATION.—The Secretary may not dis20 continue the use of the disability benefit questionnaire 

21 forms described in paragraph (1)(A) until a replace22 ment form or process is implemented. 

23 (e) RULE OF CONSTRUCTION.—Nothing in this section 

24 or section 5101(d) of such title, as added by subsection (a), 

25 may be construed to require the Secretary to develop any 
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1 new information technology system or otherwise require the 

2 Secretary to make any significant changes to the internet 

3 website of the Department. 

4 SEC. 2007. THRESHOLD FOR REPORTING DEBTS TO CON5 SUMER REPORTING AGENCIES. 

6 (a) IN GENERAL.—Chapter 53 of title 38, United 

7 States Code, is amended by adding after section 5319 the 

8 following new section: 

9 ‘‘§ 5320. Threshold for reporting debts to consumer re10 porting agencies 

11 ‘‘The Secretary shall prescribe regulations that estab12 lish the minimum amount of a claim or debt, arising from 

13 a benefit administered by the Under Secretary for Benefits 

14 or Under Secretary for Health, that the Secretary will re15 port to a consumer reporting agency under section 3711 

16 of title 31.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such chapter is amended by adding after 

19 the item relating to section 5319 the following new item: 

‘‘5320.Threshold for reporting debts to consumer reporting agencies.’’. 

20 (c) DEADLINE.—The Secretary of Veterans Affairs 

21 shall prescribe regulations under section 5320 of such title, 

22 as added by subsection (a), not later than 180 days after 

23 the date of the enactment of this Act. 
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1 SEC. 2008. REMOVAL OF DEPENDENTS FROM AWARD OF 

2 COMPENSATION OR PENSION. 

3 Beginning not later than 90 days after the date of the 

4 enactment of this Act, the Secretary of Veterans Affairs 

5 shall ensure that— 

6 (1) the recipient of an award of compensation or 

7 pension may remove any dependent from an award 

8 of compensation or pension to the individual using 

9 the eBenefits system of the Department of Veterans 

10 Affairs, or a successor system; and 

11 (2) such removal takes effect not later than 60 

12 days after the date on which the recipient elects such 

13 removal. 

14 SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY 

15 COMPENSATION FOR SURVIVING SPOUSES 

16 WHO REMARRY AFTER AGE 55. 

17 Section 103(d)(2)(B) of title 38, United States Code, 

18 is amended in the second sentence by inserting ‘‘chapter 13 

19 or’’ after ‘‘benefits under’’. 

20 SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE 

21 ARMED FORCES TO TOXICANTS AT KARSHI22 KHANABAD AIR BASE IN UZBEKISTAN. 

23 (a) AGREEMENT AND STUDY.—Not later than 60 days 

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

25 of Veterans Affairs shall enter into an agreement with the 

26 Administrator of the Agency for Toxic Substances and Dis-
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1 ease Registry for the Administrator to complete, not later 

2 than 10 years after the date of the enactment of this Act, 

3 a study to identify— 

4 (1) incidents of cancer and other diseases or ill5 nesses experienced by individuals who served in the 

6 active military, naval, or air service (as defined in 

7 section 101 of title 38, United States Code) in the cov8 ered location set forth under subsection (b) during the 

9 corresponding period set forth under such subsection; 

10 and 

11 (2) a list of toxic substances, chemicals, ionizing 

12 radiation, and airborne hazards such individuals 

13 may have been exposed to during such service. 

14 (b) COVERED LOCATION AND CORRESPONDING PE15 RIOD.—The covered location and corresponding period set 

16 forth under this subsection are Karshi-Khanabad (K2) Air 

17 Base in Uzbekistan and the period beginning on October 

18 1, 2001, and ending on September 30, 2005. 

19 (c) ELEMENTS.—The study conducted under sub20 section (a) shall include the following: 

21 (1) An assessment regarding the conditions of the 

22 covered location set forth under subsection (b), includ23 ing an identification of toxic substances, chemicals, 

24 ionizing radiation, and airborne hazards contami-
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1 nating such covered location during such cor2 responding period. 

3 (2) An epidemiological study of the health con4 sequences of the service described in subsection (a) to 

5 the individuals described in such subsection. 

6 (d) SUPPORT FOR STUDY.— 

7 (1) IN GENERAL.—The Secretary shall provide 

8 the Administrator with assistance in carrying out the 

9 study required by subsection (a), including by gath10 ering such information as the Administrator may 

11 consider useful in carrying out the study. 

12 (2) OBTAINING INFORMATION CONCERNING EXPO13 SURE.—Assistance under paragraph (1) provided by 

14 the Secretary of Veterans Affairs shall include com15 piling information on exposure described in sub16 section (a)(2) and the Secretary of Defense shall pro17 vide to the Secretary of Veterans Affairs such infor18 mation concerning such exposure as the Secretary of 

19 Veterans Affairs considers appropriate for purposes of 

20 the study required by subsection (a), including envi21 ronmental sampling data relative to any location cov22 ered by the study. 

23 (e) BIENNIAL UPDATES.—No later than the date that 

24 is two years after the date of the enactment of this Act and 

25 not less frequently than once every two years thereafter until 
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1 the date on which the study required by subsection (a) is 

2 completed, the Administrator shall submit to the appro3 priate committees of Congress updates on the status of the 

4 matters covered by such study, including any preliminary 

5 findings of the Administrator. 

6 (f) FINAL REPORT.—Not later than 60 days after the 

7 date on which the study required by subsection (a) is com8 pleted, the Administrator shall submit to the appropriate 

9 committees of Congress a report on the findings of the Ad10 ministrator with respect to such study. 

11 (g) INCLUSION OF UZBEKISTAN IN CERTAIN REG12 ISTRIES AND PROGRAMS.—Section 201(c)(2) of the Dig13 nified Burial and Other Veterans’ Benefits Improvement 

14 Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) is 

15 amended, in the matter preceding subparagraph (A), by 

16 striking ‘‘Afghanistan or Iraq’’ and inserting ‘‘Afghanistan, 

17 Iraq, or Uzbekistan’’. 

18 (h) DEPLETED URANIUM FOLLOW-UP PROGRAMS.— 

19 The Secretary of Veterans Affairs shall ensure that any in20 dividual who deployed as a member of the Armed Forces 

21 to the covered location set forth in subsection (b) during 

22 the corresponding period set forth in such subsection is cov23 ered by the Depleted Uranium Follow-up Programs of the 

24 Department of Veterans Affairs. 
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1 (i) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees 

3 of Congress’’ means— 

4 (1) the Committee on Veterans’ Affairs and the 

5 Committee on Armed Services of the Senate; and 

6 (2) the Committee on Veterans’ Affairs and the 

7 Committee on Armed Services of the House of Rep8 resentatives. 

9 SEC. 2011. COMPTROLLER GENERAL BRIEFING AND RE10 PORT ON REPEALING MANIFESTATION PE11 RIOD FOR PRESUMPTIONS OF SERVICE CON12 NECTION FOR CERTAIN DISEASES ASSOCI13 ATED WITH EXPOSURE TO CERTAIN HERBI14 CIDE AGENTS. 

15 (a) IN GENERAL.—Not later than one year after the 

16 date of the enactment of this Act, the Comptroller General 

17 of the United States shall provide to the Committee on Vet18 erans’ Affairs of the Senate and the Committee on Veterans’ 

19 Affairs of the House of Representatives a briefing on pre20 liminary observations of the Comptroller General, and not 

21 later than 240 days after the date of such briefing, provide 

22 such committees a briefing and submit to such committees 

23 a final report, on the efforts of the Secretary of Veterans 

24 Affairs to provide benefits, including compensation and 

25 health care, to veterans— 
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1 (1) who during active military, naval, or air 

2 service, served in the Republic of Vietnam during the 

3 period beginning on January 9, 1962, and ending on 

4 May 7, 1975; and 

5 (2) in whom chloracne, porphyria cutanea tarda, 

6 or acute or subacute peripheral neuropathy have 

7 manifested. 

8 (b) ELEMENTS.—The report required by subsection (a) 

9 shall include the following: 

10 (1) A description of how the Secretary establishes 

11 a service connection for a diseases described in para12 graph (2) of subsection (a) manifesting in veterans, 

13 including the number of veterans described in para14 graph (1) of such subsection who have filed a claim 

15 for a benefit associated with a disease described in 

16 paragraph (2) of such subsection. 

17 (2) A description of how claims adjudicators of 

18 the Department of Veterans Affairs determine service 

19 connection for a disease described in subparagraph 

20 (C) or (E) of section 1116(a)(2) of title 38, United 

21 States Code, when documentation proving the pres22 ence of the disease during the manifestation period set 

23 forth in such subparagraphs for the disease is not 

24 available. 
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1 (3) A description of the expected effect of repeal2 ing the manifestation period from such subpara3 graphs, including the expected effect on the number of 

4 claims for benefits the Department will receive, an es5 timate of the cost to the Department of such repeal, 

6 and a review of the scientific evidence regarding such 

7 repeal. 

8 (4) A review of all claims submitted to the Sec9 retary for compensation under chapter 11 of such title 

10 that are associated with a disease described in sub11 section (a)(2), including the type of proof presented to 

12 establish a service connection for the manifestation of 

13 the disease based on exposure to a herbicide agent. 

14 (5) Recommendations on how the Department 

15 can better adjudicate claims for benefits, including 

16 compensation, submitted to the Department that are 

17 associated with a disease described in paragraph (2) 

18 of subsection (a) for veterans described in paragraph 

19 (1) of such subsection. 

20 (6) An assessment of such other areas as the 

21 Comptroller General considers appropriate to study. 

22 (c) ADMINISTRATIVE ACTION.—Not later than 120 

23 days after the date on which the Comptroller General of 

24 the United States submits the report required under sub25 section (a), the Secretary shall commence carrying out the 
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1 recommendations submitted under subsection (b)(5) to the 

2 degree that the Secretary is authorized to carry out the rec3 ommendations by a statute that was in effect on the day 

4 before the date of the enactment of this Act. 

5 (d) HERBICIDE AGENT DEFINED.—In this section, the 

6 term ‘‘herbicide agent’’ has the meaning given such term 

7 in section 1116(a)(3) of title 38, United States Code. 

8 SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF 

9 VETERANS AFFAIRS TO USE INCOME INFOR10 MATION FROM OTHER AGENCIES. 

11 Section 5317(g) of title 38, United States Code, is 

12 amended by striking ‘‘September 30, 2027’’ and inserting 

13 ‘‘September 30, 2030’’. 

14 SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS 

15 OF PENSION. 

16 Section 5503(d)(7) of title 38, United States Code, is 

17 amended by striking ‘‘September 30, 2028’’ and inserting 

18 ‘‘October 30, 2028’’. 

19 Subtitle B—Housing 

20 SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RE21 SERVE COMPONENTS OF THE ARMED FORCES 

22 FOR HOME LOANS FROM THE SECRETARY OF 

23 VETERANS AFFAIRS. 

24 (a) EXPANSION OF DEFINITION OF VETERAN FOR PUR25 POSES OF HOME LOANS.—Section 3701(b) of title 38, 
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1 United States Code, is amended by adding at the end the 

2 following new paragraph: 

3 ‘‘(7) The term ‘veteran’ also includes, for pur4 poses of home loans, an individual who performed 

5 full-time National Guard duty (as that term is de6 fined in section 101 of title 10) for a period— 

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

8 and 

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

10 (b) EXPANSION OF ELIGIBILITY.—Section 3702(a)(2) 

11 of such title is amended by adding at the end the following 

12 new subparagraph: 

13 ‘‘(G) Each individual described in section 

14 3701(b)(7) of this title.’’. 

15 (c) RETROACTIVE APPLICABILITY.—The amendments 

16 made by this section shall apply with respect to full-time 

17 National Guard duty (as defined in section 101 of title 10, 

18 United States Code) performed before, on, or after the date 

19 of the enactment of this Act. 

20 SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS 

21 AFFECTED BY MAJOR DISASTERS. 

22 Section 3729(b)(4) of title 38, United States Code, is 

23 amended— 

24 (1) by amending subparagraph (D) to read as 

25 follows: 
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1 ‘‘(D)(i) The term ‘initial loan’ means a loan to 

2 a veteran guaranteed under section 3710 or made 

3 under section 3711 of this title if the veteran has 

4 never obtained a loan guaranteed under section 3710 

5 or made under section 3711 of this title. 

6 ‘‘(ii) If a veteran has obtained a loan guaranteed 

7 under section 3710 or made under section 3711 of this 

8 title and the dwelling securing such loan was substan9 tially damaged or destroyed by a major disaster de10 clared by the President under section 401 of the Rob11 ert T. Stafford Disaster Relief and Emergency Assist12 ance Act (42 U.S.C. 5170), the Secretary shall treat 

13 as an initial loan, as defined in clause (i), the next 

14 loan the Secretary guarantees or makes to such vet15 eran under section 3710 or 3711, respectively, if— 

16 ‘‘(I) such loan is guaranteed or made before 

17 the date that is three years after the date on 

18 which the dwelling was substantially damaged or 

19 destroyed; and 

20 ‘‘(II) such loan is only for repairs or con21 struction of the dwelling, as determined by the 

22 Secretary.’’; and 

23 (2) in subparagraph (E), by striking ‘‘if the vet24 eran has previously obtained a loan guaranteed under 
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1 section 3710 or made under section 3711 of this title’’ 

2 and inserting ‘‘that is not an initial loan’’. 

3 SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES. 

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

5 amended by striking ‘‘October 1, 2029’’ each place it ap6 pears and inserting ‘‘October 1, 2030’’. 

7 SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY 

8 ADAPTED HOUSING ASSISTANCE. 

9 Section 2102 of title 38, United States Code, is amend10 ed by adding at the end the following new subsection: 

11 ‘‘(g)(1) Whenever the Secretary finds that an overpay12 ment has been made to, or on behalf of, a person described 

13 in paragraph (2), the Secretary shall determine— 

14 ‘‘(A) the amounts to recover, if any; and 

15 ‘‘(B) who is liable to the United States for such 

16 overpayment. 

17 ‘‘(2) A person described in this paragraph is any of 

18 the following: 

19 ‘‘(A) An individual who applied for assistance— 

20 ‘‘(i) under this chapter; or 

21 ‘‘(ii) under chapter 31 of this title who is 

22 pursuing a rehabilitation program under such 

23 chapter in acquiring adaptations to a residence. 
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1 ‘‘(B) An owner or seller of real estate used, or in2 tended to be used, in connection with assistance under 

3 this chapter. 

4 ‘‘(C) A builder, contractor, supplier, 

5 tradesperson, corporation, trust, partnership, or other 

6 person, who provided services or goods relating to as7 sistance under this chapter. 

8 ‘‘(D) An attorney, escrow agent, or financial in9 stitution, that receives, or holds in escrow, funds re10 lating to assistance under this chapter. 

11 ‘‘(E) A surviving spouse, heir, assignee, or suc12 cessor in interest of or to, any person described in this 

13 paragraph. 

14 ‘‘(3)(A) Any overpayment referred to in this subsection 

15 may be recovered in the same manner as any other debt 

16 due the United States. 

17 ‘‘(B) In recovering the overpayment, the Secretary 

18 may charge administrative costs, fees, and interest, as ap19 propriate, in a manner similar to the authority under sec20 tion 5315 of this title. 

21 ‘‘(4)(A) The recovery of any overpayment referred to 

22 in this subsection may be waived by the Secretary. 

23 ‘‘(B) Waiver of any such overpayment as to a person 

24 described in paragraph (2) shall in no way release any 

25 other person described in such paragraph from liability. 
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1 ‘‘(5) The Secretary shall waive recovery under this sub2 section of any overpayment to a person described in para3 graph (2)(A), or a dependent or survivor of such person, 

4 that arises from administrative error described in para5 graph (7)(A). 

6 ‘‘(6) Nothing in this subsection shall be construed as 

7 precluding the imposition of any civil or criminal liability 

8 under this title or any other law. 

9 ‘‘(7) The Secretary shall prescribe in regulations what 

10 constitutes an overpayment for the purposes of this sub11 section, which, at a minimum, shall include— 

12 ‘‘(A) administrative error that results in an in13 dividual receiving assistance to which that individual 

14 is not entitled; 

15 ‘‘(B) the failure of any person described in para16 graph (2) to— 

17 ‘‘(i) perform or allow to be performed any 

18 act relating to assistance under this chapter; or 

19 ‘‘(ii) compensate any party performing 

20 services or supplying goods relating to assistance 

21 under this chapter; and 

22 ‘‘(C) any disbursement of funds relating to as23 sistance under this chapter, that, in the sole discretion 

24 of the Secretary, constitutes a misuse of such assist25 ance. 
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1 ‘‘(8) Prior to collecting an overpayment under this 

2 subsection, the Secretary shall provide to the person whom 

3 the Secretary has determined liable for such overpayment— 

4 ‘‘(A) notice of the finding by the Secretary of 

5 such overpayment; 

6 ‘‘(B) a reasonable opportunity for such person to 

7 remedy the circumstances that effectuated the over8 payment; and 

9 ‘‘(C) a reasonable opportunity for such person to 

10 present evidence to the Secretary that an overpayment 

11 was not made. 

12 ‘‘(9) For the purposes of section 511 of this title, a 

13 decision to collect an overpayment from a person other than 

14 a person described in paragraph (2)(A), or a dependent or 

15 survivor of such person, may not be treated as a decision 

16 that affects the provision of benefits.’’. 

17 Subtitle C—Burial Matters 

18 SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO 

19 VETERANS’ CEMETERIES. 

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

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

22 a national cemetery’’ and inserting ‘‘in a national cemetery 

23 or a covered veterans’ cemetery’’. 
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1 (b) COVERED VETERANS’ CEMETERY DEFINED.—Sec2 tion 2308 of such title is amended by adding at the end 

3 the following new subsection: 

4 ‘‘(c) COVERED VETERANS’ CEMETERY DEFINED.—In 

5 this section, the term ‘covered veterans’ cemetery’ means a 

6 veterans’ cemetery— 

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

8 subsection (b) is eligible to be buried; 

9 ‘‘(2) that— 

10 ‘‘(A) is owned by a State; or 

11 ‘‘(B) is on trust land owned by, or held in 

12 trust for, a tribal organization; and 

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

14 under section 2408 of this title.’’. 

15 (c) CONFORMING AMENDMENT.—Section 2308 of such 

16 title is amended in the section heading by adding at the 

17 end the following: ‘‘or a covered veterans’ ceme18 tery’’. 

19 (d) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of chapter 23 of such title is amended by 

21 striking the item relating to section 2308 and inserting the 

22 following new item: 

‘‘2308. Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery.’’. 
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1 (e) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the date that is two years after 

3 the date of the enactment of this Act. 

4 SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS 

5 UNDER LAWS ADMINISTERED BY THE SEC6 RETARY OF VETERANS AFFAIRS. 

7 (a) FUNERAL EXPENSES FOR NON-SERVICE-CON8 NECTED DISABILITIES.—Chapter 23 of title 38, United 

9 States Code, is amended as follows: 

10 (1) By transferring subsection (b) of section 2302 

11 to the end of section 2303 and redesignating such sub12 section as subsection (d). 

13 (2) By striking section 2302. 

14 (3) In section 2303— 

15 (A) in the section heading, by striking 

16 ‘‘Death in Department facility’’ and in17 serting ‘‘Death from non-service-con18 nected disability’’; and 

19 (B) in subsection (a)— 

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

21 veteran dies in a facility described in para22 graph (2)’’ and inserting ‘‘a veteran de23 scribed in paragraph (2) dies’’; 

24 (ii) by striking paragraph (2) and in25 serting the following new paragraph (2): 
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1 ‘‘(2) A veteran described in this paragraph is a de2 ceased veteran who is not covered by section 2307 of this 

3 title and who meets any of the following criteria: 

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

5 ‘‘(i) a facility of the Department (as defined 

6 in section 1701(3) of this title) to which the de7 ceased veteran was properly admitted for hos8 pital, nursing home, or domiciliary care under 

9 section 1710 or 1711(a) of this title; or 

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

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

12 ‘‘(I) hospital care in accordance with 

13 sections 1703A, 8111, and 8153 of this title; 

14 ‘‘(II) nursing home care under section 

15 1720 of this title; or 

16 ‘‘(III) nursing home care for which 

17 payments are made under section 1741 of 

18 this title. 

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

20 (including a person who died during a period deemed 

21 to be active military, naval, or air service under sec22 tion 106(c) of this title) is in receipt of compensation 

23 under chapter 11 of this title (or but for the receipt 

24 of retirement pay would have been entitled to such 
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1 compensation) or was in receipt of pension under 

2 chapter 15 of this title. 

3 ‘‘(C) The Secretary determines— 

4 ‘‘(i) the deceased veteran (including a per5 son who died during a period deemed to be ac6 tive military, naval, or air service under section 

7 106(c) of this title) has no next of kin or other 

8 person claiming the body of the deceased veteran; 

9 and 

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

11 resources to cover burial and funeral expenses.’’; 

12 (iii) in subsection (b)— 

13 (I) in the matter preceding para14 graph (1), by striking ‘‘section 2302 of 

15 this title and’’; and 

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

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

18 and 

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

20 paragraph (1) of this subsection, by striking 

21 ‘‘Except as’’ and inserting ‘‘With respect to 

22 a deceased veteran described in subpara23 graph (B) or (C) of subsection (a)(2), except 

24 as’’. 

25 (b) CONFORMING AMENDMENTS.— 
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1 (1) TITLE 38.—Such title is amended as follows: 

2 (A) In section 2304, by striking ‘‘Applica3 tions for payments under section 2302 of this 

4 title’’ and inserting ‘‘Applications for payments 

5 under section 2303 of this title regarding vet6 erans described in subparagraph (B) or (C) of 

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

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

9 2302 and 2303(a)(1) and (b)(2) of this title’’ and 

10 inserting ‘‘subsections (a)(1) and (b)(2) of sec11 tion 2303 of this title’’. 

12 (C) In section 2308— 

13 (i) in subsection (a), by striking ‘‘pur14 suant to section 2302 or 2307 of this title,’’ 

15 and inserting ‘‘pursuant to section 2303 of 

16 this title regarding veterans described in 

17 subparagraph (B) or (C) of subsection 

18 (a)(2) of such section, or pursuant to section 

19 2307 of this title,’’; and 

20 (ii) in subsection (b)(3)— 

21 (I) by striking ‘‘section 2302’’ and 

22 inserting ‘‘section 2303’’; and 

23 (II) by striking ‘‘subsection 

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

25 (a)(2)(C)’’. 
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1 (D) In section 113(c)(1), by striking 

2 ‘‘2302,’’. 

3 (E) In section 5101(a)(1)(B)(i), by striking 

4 ‘‘2302’’ and inserting ‘‘2303’’. 

5 (2) EMERGENCY MEDICAL CARE.—Section 11 of 

6 the Military Selective Service Act (50 U.S.C. 3810) is 

7 amended by striking ‘‘section 2302(a) of title 38’’ and 

8 inserting ‘‘section 2303 of title 38, United States 

9 Code, regarding veterans described in subparagraph 

10 (B) or (C) of subsection (a)(2) of such section’’. 

11 (c) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of chapter 23 of such title is amended by 

13 striking the items relating to sections 2302 and 2303 and 

14 inserting the following new item: 

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

15 (d) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply to deaths that occur on or after the date 

17 that is two years after the date of the enactment of this 

18 Act. 

19 SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW 

20 GRAVE IN CEMETERIES THAT ARE THE SUB21 JECTS OF CERTAIN GRANTS MADE BY THE 

22 SECRETARY OF VETERANS AFFAIRS. 

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

24 States Code, is amended— 

25 (1) in paragraph (1)— 
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1 (A) in subparagraph (A)— 

2 (i) by striking ‘‘shall’’ and inserting 

3 ‘‘may’’; and 

4 (ii) by inserting ‘‘, or in a cemetery 

5 that is the subject of a grant to a State or 

6 a tribal organization under section 2408 of 

7 this title,’’ after ‘‘National Cemetery Ad8 ministration’’; and 

9 (B) in subparagraph (C), by striking 

10 ‘‘shall’’ and inserting ‘‘may’’; and 

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

12 following new paragraph (2): 

13 ‘‘(2)(A) The use of outer burial receptacles in a ceme14 tery under the control of the National Cemetery Adminis15 tration or in a cemetery that is the subject of a grant to 

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

17 title shall be in accordance with regulations or procedures 

18 approved by the Secretary of Veterans Affairs. 

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

20 National Cemetery shall be in accordance with regulations 

21 or procedures approved by the Secretary of the Army. 

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

23 cemetery administered by the National Park Service shall 

24 be in accordance with regulations or procedures approved 

25 by the Secretary of the Interior.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the date that is two years after 

3 the date of the enactment of this Act. 

4 SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND 

5 CHILDREN ON CERTAIN HEADSTONES AND 

6 MARKERS FURNISHED BY THE SECRETARY OF 

7 VETERANS AFFAIRS. 

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

9 States Code, is amended— 

10 (1) by redesignating subsection (i) as subsection 

11 (j); and 

12 (2) by inserting after subsection (h) the following 

13 new subsection (i): 

14 ‘‘(i)(1) In addition to any other authority under this 

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

16 a covered cemetery (as that term is defined in subsection 

17 (f)(2)) and for whom the Secretary has furnished a head18 stone or marker under subsection (a) or (d), the Secretary, 

19 if feasible and upon request, may replace the headstone or 

20 marker to add an inscription for the surviving spouse or 

21 eligible dependent child of such individual following the 

22 death of the surviving spouse or eligible dependent child. 

23 ‘‘(2) If the spouse or eligible dependent child of an in24 dividual referred to in paragraph (1) predeceases the indi25 vidual, the Secretary may, if feasible and upon request, in-
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1 clude an inscription for the spouse or dependent child on 

2 the headstone or marker furnished for the individual under 

3 subsection (a) or (d).’’. 

4 (b) APPLICATION.—Subsection (i) of section 2306 of 

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

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

7 after October 1, 2019. 

8 SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPAN9 SION, AND IMPROVEMENT OF VETERANS’ 

10 CEMETERIES. 

11 (a) IN GENERAL.—Section 2408 of title 38, United 

12 States Code, is amended— 

13 (1) by inserting ‘‘or county’’ after ‘‘State’’ each 

14 place it appears; 

15 (2) in subsection (a)(1), in the matter preceding 

16 subparagraph (A), by striking ‘‘subsection (b)’’ and 

17 inserting ‘‘subsections (b), (c), (d), and (g)’’; 

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(g)(1) The Secretary may make a grant to a county 

21 under this section only if— 

22 ‘‘(A)(i) the State in which the county is located does 

23 not have a veterans’ cemetery owned by the State; 
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1 ‘‘(ii) the State is not in receipt of a grant under this 

2 section for the construction of a new veterans’ cemetery to 

3 be owned by the State; 

4 ‘‘(iii) the State did not apply for a grant under this 

5 section during the previous year; 

6 ‘‘(iv) no tribal organization from the State in which 

7 the county is located has a veterans’ cemetery on trust land 

8 owned by, or held in trust for, the tribal organization; 

9 ‘‘(v) no such tribal organization is in receipt of a grant 

10 under this section for the construction of a new veterans’ 

11 cemetery to be located on such land; and 

12 ‘‘(vi) no such tribal organization applied for a grant 

13 under this section during the previous year; and 

14 ‘‘(B) the county demonstrates in the application under 

15 subsection (a)(2), to the satisfaction of the Secretary, that 

16 the county has the resources necessary to operate and main17 tain the veterans’ cemetery owned by the county. 

18 ‘‘(2)(A) If a county and the State in which the county 

19 is located both apply for a grant under this section for the 

20 same year, the Secretary shall give priority to the State. 

21 ‘‘(B) If a county and a tribal organization from the 

22 State in which the county is located both apply for a grant 

23 under this section for the same year, the Secretary shall 

24 give priority to the tribal organization. 
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1 ‘‘(3) The Secretary shall prescribe regulations to carry 

2 out this subsection.’’; and 

3 (4) in subsection (f)— 

4 (A) by redesignating paragraph (3) as sub5 section (h); 

6 (B) by moving such subsection, as so redes7 ignated, to the location after subsection (g), as 

8 added by paragraph (3); 

9 (C) in subsection (h), as so redesignated 

10 and moved, by redesignating subparagraphs (A) 

11 and (B) as paragraphs (1) and (2), respectively; 

12 and 

13 (D) in the matter preceding paragraph (1), 

14 as so redesignated, by striking ‘‘this subsection’’ 

15 and inserting ‘‘this section’’. 

16 (b) CLERICAL AMENDMENTS.— 

17 (1) SECTION HEADING.—The heading of such sec18 tion is amended by inserting ‘‘, counties, and 

19 tribal organizations’’ after ‘‘States’’. 

20 (2) TABLE OF SECTIONS.—The table of sections 

21 at the beginning of chapter 24 of such title is amend22 ed by striking the item relating to section 2408 and 

23 inserting the following new item: 

‘‘2408. Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans’ cemeteries.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take on effect on the date that is two years 

3 after the date of the enactment of this Act. 

4 SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO 

5 STATES, COUNTIES, AND TRIBAL ORGANIZA6 TIONS FOR OPERATING AND MAINTAINING 

7 VETERANS’ CEMETERIES. 

8 Section 2408(e)(2) of title 38, United States Code, is 

9 amended by striking ‘‘$5,000,000’’ and inserting 

10 ‘‘$10,000,000’’. 

11 SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE 

12 PLAQUES FOR REMAINS OF CERTAIN VET13 ERANS WHOSE CREMATED REMAINS ARE NOT 

14 INTERRED IN CERTAIN CEMETERIES. 

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

16 States Code, as amended by section 2204 of this title, is 

17 further amended— 

18 (1) by redesignating subsections (h), (i), and (j) 

19 as subsections (i), (j), and (k), respectively; and 

20 (2) by inserting after subsection (g) the following 

21 new subsection (h): 

22 ‘‘(h)(1) In lieu of furnishing a headstone or marker 

23 under this section for a deceased individual described in 

24 paragraph (3), the Secretary shall furnish, upon request 

25 and at the expense of the United States— 
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1 ‘‘(A) an urn made of any material to signify the 

2 individual’s status as a veteran, in which the remains 

3 of such individual may be placed at private expense; 

4 or 

5 ‘‘(B) a commemorative plaque signifying the in6 dividual’s status as a veteran. 

7 ‘‘(2) If the Secretary furnishes an urn or commemora8 tive plaque for an individual under paragraph (1), the Sec9 retary may not provide for such individual— 

10 ‘‘(A) a headstone or marker under this section; 

11 or 

12 ‘‘(B) any burial benefit under section 2402 of 

13 this title. 

14 ‘‘(3) A deceased individual described in this paragraph 

15 is an individual— 

16 ‘‘(A) who served in the Armed Forces on or after 

17 April 6, 1917; 

18 ‘‘(B) who is eligible for a headstone or marker 

19 furnished under subsection (d) (or would be so eligible 

20 but for the date of the death of the individual); and 

21 ‘‘(C) whose remains were cremated and not in22 terred in a national cemetery, a State veterans’ ceme23 tery, a tribal cemetery, a county cemetery, or a pri24 vate cemetery. 
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1 ‘‘(4)(A) Any urn or commemorative plaque furnished 

2 under this subsection shall be the personal property of the 

3 next of kin or such other individual as the Secretary con4 siders appropriate. 

5 ‘‘(B) The Federal Government shall not be liable for 

6 any damage to an urn or commemorative plaque furnished 

7 under this subsection that occurs after the date on which 

8 the urn or commemorative plaque is so furnished. 

9 ‘‘(5) The Secretary shall prescribe regulations to carry 

10 out this subsection.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by this 

12 section shall take on effect on the date that is two years 

13 after the date of the enactment of this Act. 

14 SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS’ 

15 CEMETERY PERSONNEL BY NATIONAL CEME16 TERY ADMINISTRATION. 

17 (a) IN GENERAL.—Section 2408 of title 38, United 

18 States Code, as amended by sections 2205 and 2206 of this 

19 title, is further amended— 

20 (1) in subsection (b)(1)— 

21 (A) in subparagraph (A)— 

22 (i) by striking ‘‘and (ii) the cost’’ and 

23 inserting ‘‘(ii) the cost’’; and 
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1 (ii) by inserting ‘‘; and (iii) training 

2 costs described in subsection (c)(1)’’ before 

3 the semicolon; and 

4 (B) in subparagraph (B)— 

5 (i) by striking ‘‘and (ii) the cost’’ and 

6 inserting ‘‘(ii) the cost’’; and 

7 (ii) by inserting ‘‘; and (iii) training 

8 costs described in subsection (c)(1)’’ before 

9 the period; 

10 (2) by redesignating subsections (c) through (h) 

11 as subsections (d) through (i), respectively; and 

12 (3) by inserting after subsection (b) the following 

13 new subsection (c): 

14 ‘‘(c)(1) A grant under this section for a purpose de15 scribed in subparagraph (A) or (B) of subsection (a)(1) may 

16 be used, solely or in part, for training costs, including trav17 el expenses and up to four weeks of lodging expenses, associ18 ated with attendance by employees of a veterans’ cemetery 

19 owned by a State or on trust land owned by, or held in 

20 trust for, a tribal organization at training provided by the 

21 National Cemetery Administration. 

22 ‘‘(2) Any employee described in paragraph (1) who 

23 participates in training described in such paragraph shall 

24 fulfill a service requirement as determined by the Secretary. 
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1 ‘‘(3) The Secretary may by regulation prescribe such 

2 additional terms and conditions for grants used for train3 ing costs under this subsection as the Secretary considers 

4 appropriate.’’. 

5 (b) REPORTS.— 

6 (1) IN GENERAL.—Not later than each of two 

7 years and five years after the date of the enactment 

8 of this Act, the Secretary of Veterans Affairs shall 

9 submit to the Committee on Veterans’ Affairs of the 

10 Senate and the Committee on Veterans’ Affairs of the 

11 House of Representatives a report on training pro12 vided by the National Cemetery Administration 

13 under subsection (c) of section 2408 of title 38, United 

14 States Code, as added by subsection (a). 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall include the following: 

17 (A) The attrition rate with respect to indi18 viduals who participate in the training described 

19 in paragraph (1). 

20 (B) A description of how State and tribal 

21 veterans’ cemeteries that used grants awarded 

22 under section 2408 of title 38, United States 

23 Code, for training costs under subsection (c) of 

24 such section, as added by subsection (a), have 
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1 improved as a result of the training, according 

2 to the administrators of such cemeteries. 

3 (C) An identification of how many State 

4 and tribal veterans’ cemeteries used the authority 

5 provided by subsection (c) of section 2408 of title 

6 38, United States Code, as added by subsection 

7 (a), in order to train individuals. 

8 (D) The amount obligated or expended as a 

9 result of the authority described in subparagraph 

10 (C). 

11 TITLE III—HEALTH CARE 

12 Subtitle A—Health Care Generally 

13 SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DI14 RECTED CARE PROGRAM. 

15 Section 20006 of the Coronavirus Aid, Relief, and Eco16 nomic Security Act (Public Law 116–136) is amended— 

17 (1) by striking ‘‘During a public health emer18 gency’’ each place it appears and inserting ‘‘During 

19 the period specified in subsection (f)’’; 

20 (2) in subsection (a)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘during a public health emergency’’ 

23 and inserting ‘‘during the period specified in 

24 subsection (f)’’; and 
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1 (B) in paragraph (1), by striking ‘‘an area 

2 agency on aging’’ and inserting ‘‘a covered pro3 vider’’; and 

4 (3) by striking subsection (e) and inserting the 

5 following new subsections: 

6 ‘‘(e) TRANSFER OF CERTAIN VETERANS TO THE PRO7 GRAM.—During the period specified in subsection (f), the 

8 Secretary shall allow a veteran residing in an area covered 

9 by the Program to be transferred to the Program for the 

10 duration of such period if— 

11 ‘‘(1) the veteran had been receiving extended care 

12 services paid for by the Department, such as adult 

13 day services or homemaker or home health aide serv14 ices, immediately preceding such period; and 

15 ‘‘(2) those services are no longer available due to 

16 a public health emergency. 

17 ‘‘(f) PERIOD SPECIFIED.—The period specified in this 

18 subsection is the period beginning on the date on which a 

19 public health emergency was first declared and ending on 

20 the date that is 60 days after the date on which a public 

21 health emergency is no longer in effect. 

22 ‘‘(g) COVERED PROVIDER DEFINED.—In this section, 

23 the term ‘covered provider’ means a provider participating 

24 in the Program, including— 
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1 ‘‘(1) an Aging and Disability Resource Center, 

2 an area agency on aging, or a State agency (as those 

3 terms are defined in section 102 of the Older Ameri4 cans Act of 1965 (42 U.S.C. 3002)); or 

5 ‘‘(2) a center for independent living (as defined 

6 in section 702 of the Rehabilitation Act of 1973 (29 

7 U.S.C. 796a)).’’. 

8 SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH 

9 CARE COPAYMENT BY THE SECRETARY OF 

10 VETERANS AFFAIRS FROM A VETERAN WHO IS 

11 A MEMBER OF AN INDIAN TRIBE. 

12 (a) IN GENERAL.—Section 1730A of title 38, United 

13 States Code, is amended— 

14 (1) in the heading, by striking ‘‘catastroph15 ically disabled’’ and inserting ‘‘certain’’; 

16 (2) by inserting ‘‘(a) PROHIBITION.—’’ before 

17 ‘‘Notwithstanding’’; 

18 (3) by striking ‘‘a veteran who is catastroph19 ically disabled, as defined by the Secretary,’’ and in20 serting ‘‘a covered veteran’’; and 

21 (4) by adding at the end the following new sub22 section: 

23 ‘‘(b) COVERED VETERAN DEFINED.—In this section, 

24 the term ‘covered veteran’ means a veteran who— 
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1 ‘‘(1) is catastrophically disabled, as defined by 

2 the Secretary; or 

3 ‘‘(2) is an Indian or urban Indian (as those 

4 terms are defined in section 4 of the Indian Health 

5 Care Improvement Act (25 U.S.C. 1603)).’’. 

6 (b) TECHNICAL AMENDMENT.—The table of sections at 

7 the beginning of chapter 17 of such title is amended by 

8 striking the item relating to section 1730A and inserting 

9 the following: 

‘‘1730A. Prohibition on collection of copayments from certain veterans.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall take effect on the day that is one year after 

12 the date of the enactment of this Act. 

13 SEC. 3003. OVERSIGHT FOR STATE HOMES REGARDING 

14 COVID–19 INFECTIONS, RESPONSE CAPACITY, 

15 AND STAFFING LEVELS. 

16 (a) REPORTING.— 

17 (1) IN GENERAL.—During a covered public 

18 health emergency, each State home shall submit week19 ly to the Secretary of Veterans Affairs and the Na20 tional Healthcare Safety Network of the Centers for 

21 Disease Control and Prevention, through an electronic 

22 medium and in a standardized format specified by 

23 the Secretary, a report on the emergency. 
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1 (2) ELEMENTS.—Each report required by para2 graph (1) for a State home shall include the fol3 lowing: 

4 (A) The number of suspected and confirmed 

5 COVID–19 infections among residents and staff, 

6 including residents previously treated for 

7 COVID–19, disaggregated by— 

8 (i) veteran, spouse of a veteran, staff, 

9 and other; 

10 (ii) race and ethnicity; 

11 (iii) gender; and 

12 (iv) age. 

13 (B) The number of total deaths and 

14 COVID–19 deaths among residents and staff, 

15 disaggregated by— 

16 (i) veteran, spouse of a veteran, staff, 

17 and other; 

18 (ii) race and ethnicity; 

19 (iii) gender; and 

20 (iv) age. 

21 (C) An assessment of the supply of personal 

22 protective equipment and hand hygiene supplies. 

23 (D) An assessment of ventilator capacity 

24 and supplies. 
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1 (E) The number of resident beds and the oc2 cupancy rate, disaggregated by veteran, spouse of 

3 a veteran, and other. 

4 (F) An assessment of the access of residents 

5 to testing for COVID–19. 

6 (G) An assessment of staffing shortages, if 

7 any. 

8 (H) Such other information as the Sec9 retary may specify. 

10 (b) PUBLICATION OF TOTAL INFECTIONS AND

11 DEATHS.— 

12 (1) IN GENERAL.—Not later than 30 days after 

13 the date of the enactment of this Act, and not less fre14 quently than weekly thereafter, the Secretary shall 

15 post on a publicly available website of the Depart16 ment of Veterans Affairs— 

17 (A) the total number of residents and staff 

18 of State homes who are infected with COVID–19; 

19 and 

20 (B) the total number of such residents and 

21 staff who have died from COVID–19. 

22 (2) INFORMATION ON RESIDENTS AND STAFF.— 

23 The Secretary shall disaggregate information on resi24 dents and staff published under paragraph (1) by vet25 eran, staff, and other. 
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1 (c) DEFINITIONS.—In this section: 

2 (1) COVERED PUBLIC HEALTH EMERGENCY.— 

3 The term ‘‘covered public health emergency’’ means 

4 an emergency with respect to COVID–19 declared by 

5 a Federal, State, or local authority. 

6 (2) STATE HOME.—The term ‘‘State home’’ has 

7 the meaning given that term in section 101(19) of 

8 title 38, United States Code. 

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

10 LANDS. 

11 (a) STATE HOME DEFINED.—Section 101(19) of title 

12 38, United States Code, is amended by inserting ‘‘or Indian 

13 tribe (as defined in section 4 of the Indian Self-Determina14 tion and Education Assistance Act (25 U.S.C. 5304))’’ after 

15 ‘‘(other than a possession)’’. 

16 (b) PAYMENTS TO STATE HOMES.—Section 1741 of 

17 title 38, United States Code, is amended by adding at the 

18 end the following new subsection: 

19 ‘‘(g) In this subchapter, the term ‘State’ means each 

20 of the several States and each Indian tribe (as defined in 

21 section 4 of the Indian Self-Determination and Education 

22 Assistance Act (25 U.S.C. 5304)).’’. 

23 (c) STATE HOME CONSTRUCTION.— 

24 (1) IN GENERAL.—Section 8131(2) of title 38, 

25 United States Code, is amended by inserting ‘‘in-
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1 cludes each Indian tribe (as defined in section 4 of 

2 the Indian Self-Determination and Education Assist3 ance Act (25 U.S.C. 5304)) but’’ before ‘‘does not’’. 

4 (2) CONFORMING AMENDMENT.—Section 8132 of 

5 such title is amended by striking ‘‘several’’. 

6 (d) ADDITIONAL LEGISLATIVE OR ADMINISTRATIVE

7 ACTION.— 

8 (1) CONSULTATION WITH INDIAN TRIBES.—Not 

9 later than 180 days after the date of the enactment 

10 of this Act, the Secretary of Veterans Affairs shall 

11 consult with Indian tribes to determine if any legisla12 tive or administrative action is necessary to modify 

13 the State home program to function efficiently in sup14 port of State homes operated by Indian tribes pursu15 ant to the amendments made by this section. 

16 (2) REPORT TO CONGRESS.—Not later than 90 

17 days after completing consultations under paragraph 

18 (1), the Secretary shall submit to the appropriate 

19 committees of Congress a report recommending legis20 lative action that the Secretary considers appropriate 

21 to modify the State home program described in such 

22 paragraph in light of those consultations. 

23 (3) MODIFICATIONS.—Not later than 180 days 

24 after completing consultations under paragraph (1), 

25 the Secretary shall make any modifications to regula-
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1 tions implementing the State home program, for 

2 which legislative action is not necessary, as the Sec3 retary considers appropriate in light of those con4 sultations. 

5 (e) TECHNICAL SUPPORT AND ASSISTANCE.—The Sec6 retary of Veterans Affairs shall provide technical support 

7 and assistance to Indian tribes in carrying out the State 

8 home program at State homes operated by Indian tribes 

9 pursuant to the amendments made by this section. 

10 (f) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

12 The term ‘‘appropriate committees of Congress’’ 

13 means— 

14 (A) the Committee on Veterans’ Affairs and 

15 the Committee on Indian Affairs of the Senate; 

16 and 

17 (B) the Committee on Veterans’ Affairs and 

18 the Subcommittee for Indigenous Peoples of the 

19 United States of the Committee on Natural Re20 sources of the House of Representatives. 

21 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

22 the meaning given that term in section 4 of the In23 dian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 5304). 
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1 (3) STATE HOME.—The term ‘‘State home’’ has 

2 the meaning given that term in section 101(19) of 

3 title 38, United States Code. 

4 (4) STATE HOME PROGRAM.—The term ‘‘State 

5 home program’’ means the program of the Depart6 ment of Veterans Affairs for which payments are 

7 made under subchapter V of chapter 17 of title 38, 

8 United States Code, and assistance is provided under 

9 subchapter III of chapter 81 of such title. 

10 SEC. 3005. CONTINUATION OF WOMEN’S HEALTH TRANSI11 TION TRAINING PROGRAM OF DEPARTMENT 

12 OF VETERANS AFFAIRS. 

13 (a) DURATION.—The Secretary of Veterans Affairs 

14 shall carry out the Women’s Health Transition Training 

15 program of the Department of Veterans Affairs (in this sec16 tion referred to as the ‘‘Program’’) until at least one year 

17 after the date of the enactment of this Act. 

18 (b) REPORT.—Not later than one year and ten days 

19 after the date of the enactment of this Act, the Secretary 

20 of Defense and the Secretary of Veterans Affairs shall joint21 ly submit to the appropriate congressional committees a re22 port on the Program that includes the following: 

23 (1) The number of women members of the Armed 

24 Forces, disaggregated by military department (with 

25 respect to the Department of the Navy, disaggregated 
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1 by the Navy and Marine Corps), who participated in 

2 the Program. 

3 (2) The number of courses held under the Pro4 gram. 

5 (3) The locations at which such courses were 

6 held, the number of seats available for such courses, 

7 and the number of participants at each such location. 

8 (4) With respect to the number of members of the 

9 Armed Forces who participated in the Program as 

10 specified under paragraph (1)— 

11 (A) the number who enrolled in the health 

12 care system of the Department of Veterans Af13 fairs under section 1705(a) of title 38, United 

14 States Code; and 

15 (B) the number who attended at least one 

16 health care appointment at a medical facility of 

17 the Department of Veterans Affairs. 

18 (5) Data relating to— 

19 (A) satisfaction with courses held under the 

20 Program; 

21 (B) improved awareness of health care serv22 ices administered by the Secretary of Veterans 

23 Affairs; and 

24 (C) any other available statistics regarding 

25 the Program. 
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1 (6) A discussion of regulatory, legal, or resource 

2 barriers to— 

3 (A) making the Program permanent to en4 able access to services provided under the Pro5 gram by a greater number of women members of 

6 the Armed Forces at locations throughout the 

7 United States; 

8 (B) offering the Program online for women 

9 members of the Armed Forces who are unable to 

10 attend courses held under the Program in person; 

11 and 

12 (C) the feasability of automatically enroll13 ing Program participants in the health care sys14 tem of the Department of Veterans Affairs under 

15 section 1705(a) of title 38, United States Code. 

16 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means— 

19 (1) the Committee on Armed Services and the 

20 Committee on Veterans’ Affairs of the Senate; and 

21 (2) the Committee on Armed Services and the 

22 Committee on Veterans’ Affairs of the House of Rep23 resentatives. 
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1 SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AF2 FAIRS TO FURNISH MEDICALLY NECESSARY 

3 TRANSPORTATION FOR NEWBORN CHILDREN 

4 OF CERTAIN WOMEN VETERANS. 

5 (a) IN GENERAL.—Section 1786 of title 38, United 

6 States Code, as amended by section 9102 of the William 

7 M. (Mac) Thornberry National Defense Authorization Act 

8 for Fiscal Year 2021, is further amended— 

9 (1) in subsection (a)— 

10 (A) in the matter before paragraph (1), by 

11 inserting ‘‘and transportation necessary to re12 ceive such services’’ after ‘‘described in subsection 

13 (b)’’; 

14 (B) in paragraph (1), by striking ‘‘or’’; 

15 (C) in paragraph (2), by striking the period 

16 at the end and inserting ‘‘; or’’; and 

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

18 paragraph: 

19 ‘‘(3) another location, including a health care fa20 cility, if the veteran delivers the child before arriving 

21 at a facility described in paragraph (1) or (2).’’; 

22 (2) in subsection (b), by inserting before the pe23 riod at the end the following: ‘‘, including necessary 

24 health care services provided by a facility other than 

25 the facility where the newborn child was delivered 

26 (including a specialty pediatric hospital) that accepts 
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1 transfer of the newborn child and responsibility for 

2 treatment of the newborn child’’; and 

3 (3) by adding at the end the following new sub4 sections: 

5 ‘‘(d) TRANSPORTATION.—(1) Transportation furnished 

6 under subsection (a) to, from, or between care settings to 

7 meet the needs of a newborn child includes costs for either 

8 or both the newborn child and parents. 

9 ‘‘(2) Transportation furnished under subsection (a) in10 cludes transportation by ambulance, including air ambu11 lance, or other appropriate medically staffed modes of 

12 transportation— 

13 ‘‘(A) to another health care facility (including a 

14 specialty pediatric hospital) that accepts transfer of 

15 the newborn child or otherwise provides post-delivery 

16 care services when the treating facility is not capable 

17 of furnishing the care or services required; or 

18 ‘‘(B) to a health care facility in a medical emer19 gency of such nature that a prudent layperson reason20 ably expects that delay in seeking immediate medical 

21 attention would be hazardous to life or health. 

22 ‘‘(3) Amounts paid by the Department for transpor23 tation under this section shall be derived from the Medical 

24 Services appropriations account of the Department. 
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1 ‘‘(e) REIMBURSEMENT OR PAYMENT FOR HEALTH

2 CARE SERVICES OR TRANSPORTATION.—(1) Pursuant to 

3 regulations the Secretary shall prescribe to establish rates 

4 of reimbursement and any limitations thereto under this 

5 section, the Secretary shall directly reimburse a covered en6 tity for health care services or transportation services pro7 vided under this section, unless the cost of the services or 

8 transportation is covered by an established agreement or 

9 contract. If such an agreement or contract exists, its nego10 tiated payment terms shall apply. 

11 ‘‘(2)(A) Reimbursement or payment by the Secretary 

12 under this section on behalf of an individual to a covered 

13 entity shall, unless rejected and refunded by the covered en14 tity within 30 days of receipt, extinguish any liability on 

15 the part of the individual for the health care services or 

16 transportation covered by such payment. 

17 ‘‘(B) Neither the absence of a contract or agreement 

18 between the Secretary and a covered entity nor any provi19 sion of a contract, agreement, or assignment to the contrary 

20 shall operate to modify, limit, or negate the requirements 

21 of subparagraph (A). 

22 ‘‘(3) In this subsection, the term ‘covered entity’ means 

23 any individual, transportation carrier, organization, or 

24 other entity that furnished or paid for health care services 

25 or transportation under this section.’’. 
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1 (b) TREATMENT OF CERTAIN EXPENSES ALREADY IN2 CURRED.— 

3 (1) IN GENERAL.—Pursuant to such regulations 

4 as the Secretary of Veterans Affairs shall prescribe, 

5 with respect to transportation furnished in order for 

6 a newborn child of a veteran to receive health care 

7 services under section 1786 of title 38, United States 

8 Code, during the period specified in paragraph (2), 

9 the Secretary may— 

10 (A) waive a debt owed by the veteran to the 

11 Department of Veterans Affairs or reimburse ex12 penses already paid by the veteran to the De13 partment for such transportation; 

14 (B) reimburse the veteran for expenses al15 ready paid by the veteran to a covered entity for 

16 such transportation; or 

17 (C) reimburse a covered entity for the costs 

18 of such transportation. 

19 (2) PERIOD SPECIFIED.—The period specified in 

20 this paragraph is the period beginning on May 5, 

21 2010, and ending on the date of the enactment of this 

22 Act. 

23 (3) COVERED ENTITY DEFINED.—In this sub24 section, the term ‘‘covered entity’’ has the meaning 
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1 given that term in section 1786(e)(3) of title 38, 

2 United States Code, as added by subsection (a). 

3 SEC. 3007. WAIVER OF REQUIREMENTS OF DEPARTMENT OF 

4 VETERANS AFFAIRS FOR RECEIPT OF PER 

5 DIEM PAYMENTS FOR DOMICILIARY CARE AT 

6 STATE HOMES AND MODIFICATION OF ELIGI7 BILITY FOR SUCH PAYMENTS. 

8 (a) WAIVER OF REQUIREMENTS.—Notwithstanding 

9 section 1741 of title 38, United States Code (as amended 

10 by subsection (b)), the Secretary of Veterans Affairs shall 

11 modify section 51.51(b) of title 38, Code of Federal Regula12 tions (or successor regulations), to provide the Secretary the 

13 authority to waive the requirements under such section 

14 51.51(b) for a veteran to be eligible for per diem payments 

15 for domiciliary care at a State home if— 

16 (1) the veteran has met not fewer than four of 

17 the requirements set forth in such section; or 

18 (2) such waiver would be in the best interest of 

19 the veteran. 

20 (b) MODIFICATION OF ELIGIBILITY.—Section 

21 1741(a)(1) of title 38, United States Code, is amended, in 

22 the flush text following subparagraph (B), by striking ‘‘in 

23 a Department facility’’ and inserting ‘‘under the laws ad24 ministered by the Secretary’’. 
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1 (c) STATE HOME DEFINED.—In this section, the term 

2 ‘‘State home’’ has the meaning given that term in section 

3 101(19) of title 38, United States Code. 

4 SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFOR5 MATION ON STAFFING AND VACANCIES AT FA6 CILITIES OF THE DEPARTMENT OF VETERANS 

7 AFFAIRS TO INCLUDE INFORMATION ON DU8 RATION OF HIRING PROCESS. 

9 (a) QUARTERLY UPDATE.—Subsection (a)(1) of sec10 tion 505 of the VA MISSION Act of 2018 (Public Law 115– 

11 182; 38 U.S.C. 301 note) is amended by adding at the end 

12 the following new subparagraph: 

13 ‘‘(E) Beginning with any update under 

14 paragraph (3) on or after the date of the enact15 ment of the Johnny Isakson and David P. Roe, 

16 M.D. Veterans Health Care and Benefits Im17 provement Act of 2020, the following: 

18 ‘‘(i) For employees appointed under 

19 paragraphs (1) and (3) of section 7401 of 

20 title 38, United States Code, the number of 

21 employees for which the duration of the 

22 process from validation of vacancy to re23 ceipt of official offer and notification of ac24 tual start date exceeds the metrics laid out 
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1 in the Time to Hire Model of the Veterans 

2 Health Administration, or successor model. 

3 ‘‘(ii) The percentage of employees who 

4 are described in clause (i) compared to all 

5 employees appointed under paragraphs (1) 

6 and (3) of section 7401 of such title during 

7 the same period. 

8 ‘‘(iii) The average number of days po9 tential hires or new hires appointed under 

10 paragraphs (1) and (3) of section 7401 of 

11 such title spent in each phase of the Time 

12 to Hire Model, or successor model.’’. 

13 (b) ANNUAL REPORT.—Subsection (b) of such section 

14 is amended, in the first sentence, by adding before the pe15 riod at the end the following: ‘‘and to improve the onboard 

16 timeline for facilities for which the duration of the 

17 onboarding process exceeds the metrics laid out in the Time 

18 to Hire Model of the Veterans Health Administration, or 

19 successor model’’. 
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1 SEC. 3009. REQUIREMENT FOR CERTAIN DEPARTMENT OF 

2 VETERANS AFFAIRS MEDICAL FACILITIES TO 

3 HAVE PHYSICAL LOCATION FOR THE DIS4 POSAL OF CONTROLLED SUBSTANCES MEDI5 CATIONS. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall ensure that each covered Department medical facility 

8 has a physical location where patients may dispose of con9 trolled substances medications. 

10 (b) COVERED DEPARTMENT MEDICAL FACILITY.—In 

11 this section, the term ‘‘covered Department medical facility’’ 

12 means a medical facility of the Department of Veterans Af13 fairs with an onsite pharmacy or a physical location dedi14 cated for law enforcement purposes. 

15 (c) EFFECTIVE DATE.—This section shall take effect 

16 on January 1, 2022. 

17 SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS PILOT 

18 PROGRAM FOR CLINICAL OBSERVATION BY 

19 UNDERGRADUATE STUDENTS. 

20 (a) ESTABLISHMENT.—The Secretary of Veterans Af21 fairs shall carry out a pilot program for a one-year period, 

22 beginning not later than August 15, 2021, to provide cer23 tain students described in subsection (d) a clinical observa24 tion experience at medical centers of the Department of Vet25 erans Affairs. 
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1 (b) MEDICAL CENTER SELECTION.—The Secretary 

2 shall carry out the pilot program under this section at not 

3 fewer than five medical centers of the Department. In select4 ing such medical centers, the Secretary shall ensure regional 

5 diversity among such selected medical centers. 

6 (c) CLINICAL OBSERVATION SESSIONS.— 

7 (1) FREQUENCY AND DURATION.—In carrying 

8 out the pilot program, the Secretary shall— 

9 (A) provide at least one and not more than 

10 three clinical observation sessions at each med11 ical center selected during each calendar year; 

12 (B) ensure that each clinical observation 

13 session— 

14 (i) lasts between four and six months; 

15 and 

16 (ii) to the extent practicable, begins 

17 and ends concurrently with one or more 

18 academic terms of an institution of higher 

19 education (as defined in section 101 of the 

20 Higher Education Act of 1965 (20 U.S.C. 

21 1001)); and 

22 (C) ensure that the clinical observation ses23 sions provided at a medical center have minimal 

24 overlap. 
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1 (2) SESSIONS.—The Secretary shall ensure that 

2 the pilot program consists of clinical observation ses3 sions as follows: 

4 (A) Each session shall allow for not fewer 

5 than five students nor greater than 15 students 

6 to participate in the session. 

7 (B) Each session shall consist of not fewer 

8 than 20 observational hours nor greater than 40 

9 observational hours. 

10 (C) A majority of the observational hours 

11 shall be spent observing a health professional. 

12 The other observational hours shall be spent in 

13 a manner that ensures a robust, well rounded ex14 perience that exposes the students to a variety of 

15 aspects of medical care and health care adminis16 tration. 

17 (D) Each session shall provide a diverse 

18 clinical observation experience. 

19 (d) STUDENTS.— 

20 (1) SELECTION.—The Secretary shall select to 

21 participate in the pilot program under subsection (a) 

22 students who are— 

23 (A) nationals of the United States; 

24 (B) enrolled in an accredited program of 

25 study at an institution of higher education; and 
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1 (C) referred by their institution of higher 

2 education following an internal application 

3 process. 

4 (2) PRIORITY.—In making such selection, the 

5 Secretary shall give priority to each of the following 

6 five categories of students: 

7 (A) Students who, at the time of the comple8 tion of their secondary education, resided in a 

9 health professional shortage area (as defined in 

10 section 332 of the Public Health Service Act (42 

11 U.S.C. 254e)). 

12 (B) First generation college students (as de13 fined in section 402A(h)(3) of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1067q(a))). 

15 (C) Students who have been referred by mi16 nority-serving institutions (as defined in section 

17 371(a) of the Higher Education Act of 1965 (20 

18 U.S.C. 1067q(a))). 

19 (D) Veterans (as defined in section 101 of 

20 title 38, United States Code). 

21 (E) Students who indicate an intention to 

22 specialize in a health professional occupation 

23 identified by the Inspector General of the De24 partment under section 7412 of title 38, United 

25 States Code, as having a staffing shortage. 
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1 (3) ASSIGNMENT TO MEDICAL CENTERS.—The 

2 Secretary shall assign students selected under para3 graph (1) to medical centers selected under subsection 

4 (b) without regard for whether such medical centers 

5 have staffing shortages in any health professional oc6 cupation pursuant to section 7412 of title 38, United 

7 States Code. 

8 (e) OTHER MATTERS.—In carrying out the pilot pro9 gram under this section, the Secretary shall— 

10 (1) establish a formal status to facilitate the ac11 cess to medical centers of the Department by student 

12 observers participating in the pilot program; 

13 (2) establish standardized legal, privacy, and 

14 ethical requirements for the student observers, includ15 ing with respect to— 

16 (A) ensuring that no student observer pro17 vides any care to patients while participating as 

18 an observer; and 

19 (B) ensuring the suitability of a student to 

20 participate in the pilot program to ensure that 

21 the student poses no risk to patients; 

22 (3) develop and implement a partnership strat23 egy with minority-serving institutions to encourage 

24 referrals; 
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1 (4) create standardized procedures for student 

2 observers; 

3 (5) create an online information page about the 

4 pilot program on the internet website of the Depart5 ment; 

6 (6) publish on the online information page cre7 ated under paragraph (5) the locations of such cen8 ters, and other information on the pilot program, not 

9 later than 180 days before the date on which applica10 tions are required to be submitted by potential stu11 dent observers; 

12 (7) identify medical centers and specific health 

13 professionals participating in the pilot program; and 

14 (8) notify the Committees on Veterans’ Affairs of 

15 the House of Representatives and the Senate of the 

16 medical centers selected under subsection (c) within 

17 30 days of selection, to facilitate program awareness. 

18 (f) REPORT.—Not later than 180 days after the com19 pletion of the pilot program under subsection (a), the Sec20 retary shall submit to the Committees on Veterans’ Affairs 

21 of the House of Representatives and the Senate a report on 

22 the results of the pilot program, including— 

23 (1) the number and demographics of all appli24 cants, those accepted to participate in the pilot pro-
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1 gram, and those who completed the pilot program; 

2 and 

3 (2) if participating institutions of higher edu4 cation choose to administer satisfaction surveys that 

5 assess the experience of those who completed the pilot 

6 program, the results of any such satisfaction surveys, 

7 provided at the discretion of the institution of higher 

8 education. 

9 (g) SENSE OF CONGRESS REGARDING DEPARTMENT

10 OF VETERANS AFFAIRS PILOT PROGRAM FOR CLINICAL OB11 SERVATION BY UNDERGRADUATE STUDENTS.—It is the 

12 sense of Congress that the pilot program described in sub13 section (a) should be designed to— 

14 (1) increase the awareness, knowledge, and em15 pathy of future health professionals toward the health 

16 conditions common to veterans; 

17 (2) increase the diversity of the recruitment pool 

18 of future physicians of the Department; and 

19 (3) expand clinical observation opportunities for 

20 all students by encouraging students of all back21 grounds to consider a career in the health professions. 

22 (h) NO ADDITIONAL FUNDS AUTHORIZED.—No addi23 tional funds are authorized to be appropriated to carry out 

24 the requirements of this section. Such requirements shall be 
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1 carried out using amounts otherwise authorized to be ap2 propriated. 

3 Subtitle B—Scheduling and 

4 Consult Management 

5 SEC. 3101. PROCESS AND REQUIREMENTS FOR SCHED6 ULING APPOINTMENTS FOR HEALTH CARE 

7 FROM DEPARTMENT OF VETERANS AFFAIRS 

8 AND NON-DEPARTMENT HEALTH CARE. 

9 (a) PROCESS AND REQUIREMENTS.— 

10 (1) IN GENERAL.—Not later than 60 days after 

11 the date of the enactment of this Act, the Secretary of 

12 Veterans Affairs shall— 

13 (A) establish a process and requirements for 

14 scheduling appointments for— 

15 (i) health care from the Department of 

16 Veterans Affairs; and 

17 (ii) health care furnished through the 

18 Veterans Community Care Program under 

19 section 1703 of title 38, United States Code, 

20 by a non-Department health care provider; 

21 and 

22 (B) submit to the Committee on Veterans’ 

23 Affairs of the Senate and the Committee on Vet24 erans’ Affairs of the House of Representatives a 

25 description of such process and requirements. 
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1 (2) ELEMENTS OF DESCRIPTION.—The descrip2 tion of the process and requirements for scheduling 

3 appointments for health care required to be submitted 

4 under paragraph (1)(B) shall include— 

5 (A) information on how such process and 

6 requirements take into account the access stand7 ards established under section 1703B of title 38, 

8 United States Code; and 

9 (B) the maximum number of days allowed 

10 to complete each step of such process. 

11 (3) PERIODIC REVISION.— 

12 (A) IN GENERAL.—The Secretary may re13 vise the process and requirements required under 

14 paragraph (1) as the Secretary considers nec15 essary. 

16 (B) SUBMITTAL TO CONGRESS.—Not later 

17 than 30 days before revising the process and re18 quirements under subparagraph (A), the Sec19 retary shall submit to the Committee on Vet20 erans’ Affairs of the Senate and the Committee 

21 on Veterans’ Affairs of the House of Representa22 tives a description of such revised process and re23 quirements, including a description of any modi24 fications to the certification and training under 

25 subsection (b). 
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1 (b) CERTIFICATION AND TRAINING ON PROCESS AND

2 REQUIREMENTS.— 

3 (1) CERTIFICATION.—Not later than one year 

4 after the date of the enactment of this Act, the Sec5 retary shall require each individual involved in the 

6 scheduling of appointments for health care from the 

7 Department or health care described in subsection 

8 (a)(1)(A)(ii), including schedulers, clinical coordina9 tors, and supervisors, to certify to the Secretary that 

10 the individual understands the process and require11 ments established under subsection (a), including the 

12 maximum number of days allowed to complete each 

13 step of such process. 

14 (2) NEW EMPLOYEES.—The Secretary shall re15 quire each employee hired by the Department on or 

16 after the date of the enactment of this Act who is to 

17 be involved in the scheduling of appointments for 

18 health care from the Department or health care de19 scribed in subsection (a)(1)(A)(ii)— 

20 (A) to undergo training on the process and 

21 requirements established under subsection (a) as 

22 part of training for the position for which the 

23 employee has been hired; and 

24 (B) to make the certification to the Sec25 retary required under paragraph (1). 
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1 (c) METHOD TO MONITOR COMPLIANCE.— 

2 (1) IN GENERAL.—Not later than 180 days after 

3 the date of the enactment of this Act, the Secretary 

4 shall establish or maintain a method or tool— 

5 (A) to enable monitoring of the compliance 

6 of the Department with the process and require7 ments established under subsection (a), including 

8 compliance with policies of the Department re9 lating to the maximum number of days allowed 

10 to complete each step of such process; and 

11 (B) to ensure that each medical facility of 

12 the Department complies with such process and 

13 requirements. 

14 (2) USE THROUGHOUT DEPARTMENT.— 

15 (A) IN GENERAL.—The Secretary shall re16 quire each medical facility of the Department to 

17 use the method or tool described in paragraph 

18 (1). 

19 (B) REPORT.—Not later than one year after 

20 the date of the enactment of this Act, the Sec21 retary shall submit to the Committee on Vet22 erans’ Affairs of the Senate and the Committee 

23 on Veterans’ Affairs of the House of Representa24 tives a report indicating whether each medical 
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1 facility of the Department is using the method or 

2 tool described in paragraph (1). 

3 (d) COMPTROLLER GENERAL REPORT.—Not later than 

4 two years after the date of the enactment of this Act, the 

5 Comptroller General of the United States shall submit to 

6 the Committee on Veterans’ Affairs of the Senate and the 

7 Committee on Veterans’ Affairs of the House of Representa8 tives a report on the compliance of the Secretary with the 

9 requirements of this section. 

10 SEC. 3102. AUDITS REGARDING SCHEDULING OF APPOINT11 MENTS AND MANAGEMENT OF CONSULTA12 TIONS FOR HEALTH CARE FROM DEPART13 MENT OF VETERANS AFFAIRS AND NON-DE14 PARTMENT HEALTH CARE. 

15 (a) IN GENERAL.—Not later than each of one year and 

16 two years after the date of the enactment of this Act, the 

17 Secretary of Veterans Affairs shall provide for the conduct 

18 of a facility-level audit of the scheduling of appointments 

19 and the management of consultations for health care under 

20 the laws administered by the Secretary. 

21 (b) APPLICATION.— 

22 (1) FIRST AUDIT.—The first audit required 

23 under subsection (a) shall apply to each medical facil24 ity of the Department of Veterans Affairs. 
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1 (2) SECOND AUDIT.—The second audit required 

2 under subsection (a) shall apply to only those medical 

3 facilities of the Department that are in need of correc4 tive action based on the first audit, as determined by 

5 the Secretary. 

6 (c) ELEMENTS.—Each audit conducted under sub7 section (a) shall include the following: 

8 (1) With respect to each medical center of the 

9 Department covered by the audit, an assessment of 

10 any scheduling or consultation management issues at 

11 that medical center, including the following: 

12 (A) An assessment of noncompliance with 

13 policies of the Veterans Health Administration 

14 relating to scheduling appointments and man15 aging consultations. 

16 (B) An assessment of the extent to which 

17 appointments or consultations are not timely 

18 processed. 

19 (C) A description of any backlogs in ap20 pointments or consultations that are awaiting 

21 action. 

22 (D) An assessment of whether consultations 

23 are appropriately processed. 

24 (E) Data with respect to consultations as 

25 follows: 
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1 (i) Consultations that were scheduled 

2 within the request window. 

3 (ii) Duplicate consultation requests. 

4 (iii) Consultations that were discon5 tinued. 

6 (iv) Delays in consultations. 

7 (v) Consultations that were not prop8 erly closed or discontinued, including a de9 scription of remediation attempts. 

10 (F) A review for accuracy with respect to 

11 consultation management as follows: 

12 (i) A review of the accuracy of the type 

13 of service, either administrative or clinical, 

14 that is inputted in the electronic health 

15 record. 

16 (ii) A review of the accuracy of the 

17 type of consultation setting, either impa18 tient or outpatient, that is inputted in the 

19 electronic health record. 

20 (iii) A review of the appropriateness of 

21 the level of urgency of the consultation that 

22 is inputted in the electronic health record. 

23 (iv) A review of any delayed or unre24 solved consultations. 
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1 (2) An identification of such recommendations 

2 for corrective action as the Secretary considers nec3 essary, including additional training, increased per4 sonnel, and other resources. 

5 (3) A certification that the director of each med6 ical center of the Department covered by the audit is 

7 in compliance with the process and requirements es8 tablished under section 3101(a) and such other re9 quirements relating to the scheduling of appointments 

10 and management of consultations as the Secretary 

11 considers appropriate. 

12 (4) With respect to referrals for health care be13 tween health care providers or facilities of the Depart14 ment, a measurement of, for each medical facility of 

15 the Department covered by the audit— 

16 (A) the period of time between— 

17 (i) the date that a clinician of the De18 partment determines that a veteran requires 

19 care from another health care provider or 

20 facility and the date that the referral for 

21 care is sent to the other health care provider 

22 or facility; 

23 (ii) the date that the referral for care 

24 is sent to the other health care provider or 
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1 facility and the date that the other health 

2 care provider or facility accepts the referral; 

3 (iii) the date that the other health care 

4 provider or facility accepts the referral and 

5 the date that the appointment with the 

6 other health care provider or at the other fa7 cility is made; and 

8 (iv) the date that the appointment with 

9 the other health care provider or at the 

10 other facility is made and the date of the 

11 appointment with the other health care pro12 vider or at the other facility; and 

13 (B) any other period of time that the Sec14 retary determines necessary to measure. 

15 (5) With respect to referrals for non-Department 

16 health care originating from medical facilities of the 

17 Department, a measurement of, for each such facility 

18 covered by the audit— 

19 (A) the period of time between— 

20 (i) the date that a clinician of the De21 partment determines that a veteran requires 

22 care, or a veteran presents to the Depart23 ment requesting care, and the date that the 

24 referral for care is sent to a non-Depart25 ment health care provider; 
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1 (ii) the date that the referral for care 

2 is sent to a non-Department health care 

3 provider and the date that a non-Depart4 ment health care provider accepts the refer5 ral; 

6 (iii) the date that a non-Department 

7 health care provider accepts the referral and 

8 the date that the referral to a non-Depart9 ment health care provider is completed; 

10 (iv) the date that the referral to a non11 Department health care provider is com12 pleted and the date that an appointment 

13 with a non-Department health care provider 

14 is made; and 

15 (v) the date that an appointment with 

16 a non-Department health care provider is 

17 made and the date that an appointment 

18 with a non-Department health care provider 

19 occurs; and 

20 (B) any other period of time that the Sec21 retary determines necessary to measure. 

22 (d) CONDUCT OF AUDIT BY THIRD PARTY.—Each 

23 audit conducted under subsection (a) with respect to a med24 ical facility of the Department shall be conducted by an 

25 individual or entity that is not affiliated with the facility. 
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1 (e) TRANSMITTAL TO VHA.—Each audit conducted 

2 under subsection (a) shall be transmitted to the Under Sec3 retary for Health of the Department so that the Under Sec4 retary can— 

5 (1) strengthen oversight of the scheduling of ap6 pointments and management of consultations 

7 throughout the Department; 

8 (2) monitor national policy on such scheduling 

9 and management; and 

10 (3) develop a remediation plan to address issues 

11 uncovered by those audits. 

12 (f) ANNUAL REPORT.— 

13 (1) IN GENERAL.—Not later than December 31 of 

14 each year in which an audit is conducted under sub15 section (a), the Secretary shall submit to the Com16 mittee on Veterans’ Affairs of the Senate and the 

17 Committee on Veterans’ Affairs of the House of Rep18 resentatives a report on the audit conducted during 

19 that year. 

20 (2) ELEMENTS.—The Secretary shall include in 

21 each report required by paragraph (1)— 

22 (A) the nationwide results of the audit con23 ducted under subsection (a); 
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1 (B) the results of such audit with respect to 

2 each medical facility of the Department covered 

3 by such audit; 

4 (C) an assessment of how the Department 

5 strengthened oversight of the scheduling of ap6 pointments and management of consultations at 

7 each such facility as a result of the audit; 

8 (D) an assessment of how the audit in9 formed the national policy of the Department 

10 with respect to the scheduling of appointments 

11 and management of consultations; and 

12 (E) a description of any remediation plans 

13 to address issues raised by the audit that was 

14 completed. 

15 SEC. 3103. ADMINISTRATION OF NON-DEPARTMENT OF VET16 ERANS AFFAIRS HEALTH CARE. 

17 (a) CERTIFICATION OF PROPER ADMINISTRATION OF

18 NON-DEPARTMENT CARE.— 

19 (1) REVIEW.— 

20 (A) IN GENERAL.—The Secretary of Vet21 erans Affairs shall conduct a review of the staff22 ing, training, and other requirements necessary 

23 to administer section 1703 of title 38, United 

24 States Code. 
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1 (B) ELEMENTS.—The review conducted 

2 under subparagraph (A) shall include, with re3 spect to each medical facility of the Department 

4 of Veterans Affairs— 

5 (i) an assessment of the type of posi6 tions required to be staffed at the medical 

7 facility; 

8 (ii) the number of such positions au9 thorized; 

10 (iii) the number of such positions 

11 funded; 

12 (iv) the number of such positions filled; 

13 and 

14 (v) the number of additional such posi15 tions required to be authorized. 

16 (2) SUBMITTAL TO CONGRESS.—Not later than 

17 180 days after the date of the enactment of this Act, 

18 and every 180 days thereafter, the Secretary shall 

19 submit to the Committee on Veterans’ Affairs of the 

20 Senate and the Committee on Veterans’ Affairs of the 

21 House of Representatives— 

22 (A) the results of the review conducted 

23 under paragraph (1); and 

24 (B) a certification that the Secretary has es25 tablished all staffing, training, and other re-
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1 quirements required to be reviewed under such 

2 paragraph. 

3 (b) SCHEDULING OF APPOINTMENTS.— 

4 (1) MEASUREMENT OF TIMELINESS FOR EACH

5 FACILITY.—Not later than 120 days after the date of 

6 the enactment of this Act, the Secretary shall meas7 ure, with respect to referrals for non-Department 

8 health care originating from medical facilities of the 

9 Department, for each such facility— 

10 (A) the period of time between— 

11 (i) the date that a clinician of the De12 partment determines that a veteran requires 

13 care, or a veteran presents to the Depart14 ment requesting care, and the date that the 

15 referral for care is sent to a non-Depart16 ment health care provider; 

17 (ii) the date that the referral for care 

18 is sent to a non-Department health care 

19 provider and the date that a non-Depart20 ment health care provider accepts the refer21 ral; 

22 (iii) the date that a non-Department 

23 health care provider accepts the referral and 

24 the date that the referral to a non-Depart25 ment health care provider is completed; 
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1 (iv) the date that the referral to a non2 Department health care provider is com3 pleted and the date that an appointment 

4 with a non-Department health care provider 

5 is made; and 

6 (v) the date that an appointment with 

7 a non-Department health care provider is 

8 made and the date that an appointment 

9 with a non-Department health care provider 

10 occurs; and 

11 (B) any other period of time that the Sec12 retary determines necessary to measure. 

13 (2) SUBMISSIONS TO CONGRESS.— 

14 (A) IN GENERAL.—Not later than one year 

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

16 Secretary shall submit to the Committee on Vet17 erans’ Affairs of the Senate and the Committee 

18 on Veterans’ Affairs of the House of Representa19 tives the data measured under paragraph (1), 

20 disaggregated by medical facility. 

21 (B) UPDATE.—Not less frequently than bi22 weekly, the Secretary shall update the data sub23 mitted under subparagraph (A). 

24 (c) COMPTROLLER GENERAL REPORT.— 
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1 (1) REVIEW.—Beginning not later than one year 

2 after the date of the enactment of this Act, the Comp3 troller General of the United States shall review com4 pliance by the Secretary with the requirements of this 

5 section, including a review of the validity and reli6 ability of data submitted by the Secretary under sub7 section (b)(2). 

8 (2) REPORT.—Not later than three years after 

9 the date of the enactment of this Act, the Comptroller 

10 General shall submit to the Committee on Veterans’ 

11 Affairs of the Senate and the Committee on Veterans’ 

12 Affairs of the House of Representatives the results of 

13 the review conducted under paragraph (1). 

14 SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION 

15 AND SCHEDULING POSITIONS OF DEPART16 MENT OF VETERANS AFFAIRS. 

17 (a) PROPER GRADING OF CONSULTATION AND SCHED18 ULING POSITIONS.— 

19 (1) IN GENERAL.—The Secretary of Veterans Af20 fairs shall conduct an examination of health care po21 sitions of the Department of Veterans Affairs to deter22 mine whether health care positions involved in the 

23 consultation and scheduling processes are appro24 priately graded. 
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1 (2) CONSULTATION.—In conducting the exam2 ination under paragraph (1), the Secretary shall con3 sult with health care staffing experts in the Federal 

4 Government and the private sector. 

5 (3) SUBMITTAL TO CONGRESS.—Not later than 

6 120 days after the date of the enactment of this Act, 

7 the Secretary shall submit to the appropriate commit8 tees of Congress the results of the examination con9 ducted under paragraph (1). 

10 (b) REVIEW OF ONBOARDING PROCESS.—Not later 

11 than 180 days after the date of the enactment of this Act, 

12 the Secretary shall submit to the appropriate committees 

13 of Congress— 

14 (1) a review of the onboarding process of indi15 viduals in health care positions described in sub16 section (a), including how long it takes to hire those 

17 individuals; and 

18 (2) a description of any changes that the Sec19 retary has made or plans to make to improve that 

20 process. 

21 (c) APPROPRIATE COMMITTEES OF CONGRESS DE22 FINED.—In this section, the term ‘‘appropriate committees 

23 of Congress’’ means— 

24 (1) the Committee on Veterans’ Affairs and the 

25 Committee on Appropriations of the Senate; and 
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1 (2) the Committee on Veterans’ Affairs and the 

2 Committee on Appropriations of the House of Rep3 resentatives. 

4 TITLE IV—NAVY SEAL BILL 

5 MULDER 

6 SEC. 4001. SHORT TITLE. 

7 This title may be cited as the ‘‘Navy SEAL Bill 

8 Mulder Act of 2020’’. 

9 Subtitle A—Service-connection and 

10 COVID–19 

11 SEC. 4101. PRESUMPTIONS OF SERVICE-CONNECTION FOR 

12 MEMBERS OF ARMED FORCES WHO CON13 TRACT CORONAVIRUS DISEASE 2019 UNDER 

14 CERTAIN CIRCUMSTANCES. 

15 (a) IN GENERAL.—Subchapter VI of chapter 11 of title 

16 38, United States Code, is amended by adding at the end 

17 the following new section: 

18 ‘‘§ 1164. Presumptions of service-connection for 

19 Coronavirus Disease 2019 

20 ‘‘(a) PRESUMPTIONS GENERALLY.—(1) For purposes 

21 of laws administered by the Secretary and subject to section 

22 1113 of this title, if symptoms of Coronavirus Disease 2019 

23 (in this section referred to as ‘COVID–19’) described in sub24 section (d) manifest within one of the manifestation periods 
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1 described in paragraph (2) in an individual who served in 

2 a qualifying period of duty described in subsection (b)— 

3 ‘‘(A) infection with severe acute respiratory syn4 drome coronavirus 2 (in this section referred to as 

5 ‘SARS–CoV–2’) shall be presumed to have occurred 

6 during the qualifying period of duty; 

7 ‘‘(B) COVID–19 shall be presumed to have been 

8 incurred during the qualifying period of duty; and 

9 ‘‘(C) if the individual becomes disabled or dies as 

10 a result of COVID–19, it shall be presumed that the 

11 individual became disabled or died during the quali12 fying period of duty for purposes of establishing that 

13 the individual served in the active military, naval, or 

14 air service. 

15 ‘‘(2)(A) The manifestation periods described in this 

16 paragraph are the following: 

17 ‘‘(i) During a qualifying period of duty de18 scribed in subsection (b), if that period of duty was 

19 more than 48 continuous hours in duration. 

20 ‘‘(ii) Within 14 days after the individual’s com21 pletion of a qualifying period of duty described in 

22 subsection (b). 

23 ‘‘(iii) An additional period prescribed under sub24 paragraph (B). 
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1 ‘‘(B)(i) If the Secretary determines that a manifesta2 tion period of more than 14 days after completion of a 

3 qualifying period of service is appropriate for the presump4 tions under paragraph (1), the Secretary may prescribe 

5 that additional period by regulation. 

6 ‘‘(ii) A determination under clause (i) shall be made 

7 in consultation with the Director of the Centers for Disease 

8 Control and Prevention. 

9 ‘‘(b) QUALIFYING PERIOD OF DUTY DESCRIBED.—A 

10 qualifying period of duty described in this subsection is— 

11 ‘‘(1) a period of active duty performed— 

12 ‘‘(A) during the national emergency de13 clared by the President under the National 

14 Emergencies Act (50 U.S.C. 1601 et seq.); and 

15 ‘‘(B) before the date that is three years after 

16 the date of the enactment of the Johnny Isakson 

17 and David P. Roe, M.D. Veterans Health Care 

18 and Benefits Improvement Act of 2020; or 

19 ‘‘(2) training duty under title 10 or full-time 

20 National Guard duty (as defined in section 101 of 

21 title 10), performed under orders issued on or after 

22 March 13, 2020— 

23 ‘‘(A) during the national emergency de24 clared by the President under the National 

25 Emergencies Act (50 U.S.C. 1601 et seq.); and 
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1 ‘‘(B) before the date that is three years after 

2 the date of the enactment of the Johnny Isakson 

3 and David P. Roe, M.D. Veterans Health Care 

4 and Benefits Improvement Act of 2020. 

5 ‘‘(c) APPLICATION OF PRESUMPTIONS FOR TRAINING

6 DUTY.—When, pursuant to subsection (a), COVID–19 is 

7 presumed to have been incurred during a qualifying period 

8 of duty described in subsection (b)(2)— 

9 ‘‘(1) COVID–19 shall be deemed to have been in10 curred in the line of duty during a period of active 

11 military, naval, or air service; and 

12 ‘‘(2) where entitlement to benefits under this title 

13 is predicated on the individual who was disabled or 

14 died being a veteran, benefits for disability or death 

15 resulting from COVID–19 as described in subsection 

16 (a) shall be paid or furnished as if the individual was 

17 a veteran, without regard to whether the period of 

18 duty would constitute active military, naval, or air 

19 service under section 101 of this title. 

20 ‘‘(d) SYMPTOMS OF COVID–19.—For purposes of sub21 section (a), symptoms of COVID–19 are those symptoms 

22 that competent medical evidence demonstrates are experi23 enced by an individual affected and directly related to 

24 COVID–19. 
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1 ‘‘(e) MEDICAL EXAMINATIONS AND OPINIONS.—If there 

2 is a question of whether the symptoms experienced by an 

3 individual described in paragraph (1) of subsection (a) dur4 ing a manifestation period described in paragraph (2) of 

5 such subsection are attributable to COVID–19 resulting 

6 from infection with SARS–CoV–2 during the qualifying pe7 riod of duty, in determining whether a medical examina8 tion or medical opinion is necessary to make a decision 

9 on the claim within the meaning of section 5103A(d) of this 

10 title, a qualifying period of duty described in subsection (b) 

11 of this section shall be treated as if it were active military, 

12 naval, or air service for purposes of section 5103A(d)(2)(B) 

13 of this title.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such subchapter is amended by adding at 

16 the end the following new item: 

‘‘1164. Presumptions of service-connection for Coronavirus Disease 2019.’’. 

17 Subtitle B—Assistance for Homeless 

18 Veterans 

19 SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF VETERANS 

20 AFFAIRS IN CARING FOR HOMELESS VET21 ERANS DURING A COVERED PUBLIC HEALTH 

22 EMERGENCY. 

23 (a) GENERAL SUPPORT.— 

24 (1) USE OF FUNDS.—During a covered public 

25 health emergency, the Secretary of Veterans Affairs 
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1 may use amounts appropriated or otherwise made 

2 available to the Department of Veterans Affairs to 

3 carry out sections 2011, 2012, 2031, and 2061 of title 

4 38, United States Code, to provide to homeless vet5 erans and veterans participating in the program car6 ried out under section 8(o)(19) of the United States 

7 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (com8 monly referred to as ‘‘HUD-VASH’’), as the Secretary 

9 determines is needed, the following: 

10 (A) Assistance required for safety and sur11 vival (such as food, shelter, clothing, blankets, 

12 and hygiene items). 

13 (B) Transportation required to support sta14 bility and health (such as for appointments with 

15 service providers, conducting housing searches, 

16 and obtaining food and supplies). 

17 (C) Communications equipment and serv18 ices (such as tablets, smartphones, disposable 

19 phones, and related service plans) required to 

20 support stability and health (such as maintain21 ing contact with service providers, prospective 

22 landlords, and family). 

23 (D) Such other assistance as the Secretary 

24 determines is needed. 
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1 (2) HOMELESS VETERANS ON LAND OF THE DE2 PARTMENT.— 

3 (A) COLLABORATION.—During a covered 

4 public health emergency, to the extent possible, 

5 the Secretary may collaborate with one or more 

6 organizations to manage use of land of the De7 partment for homeless veterans for living and 

8 sleeping. 

9 (B) ELEMENTS.—Collaboration under sub10 paragraph (A) may include the provision by ei11 ther the Secretary or the organization of food 

12 services and security for property, buildings, and 

13 other facilities owned or controlled by the De14 partment. 

15 (b) GRANT AND PER DIEM PROGRAM.— 

16 (1) LIMITS ON RATES FOR PER DIEM PAY17 MENTS.—Section 20013(b) of the Coronavirus Aid, 

18 Relief, and Economic Security Act (38 U.S.C. 2011 

19 note; Public Law 116–136) is amended— 

20 (A) by redesignating paragraphs (1) and 

21 (2) as subparagraphs (A) and (B), respectively; 

22 (B) in the matter preceding subparagraph 

23 (A), as so redesignated, by inserting ‘‘(1)’’ before 

24 ‘‘In the case’’; and 

25 (C) by adding at the end the following: 
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1 ‘‘(2) If the Secretary waives any limit on grant 

2 amounts or rates for per diem payments under paragraph 

3 (1), notwithstanding section 2012(a)(2)(B) of such title, the 

4 maximum rate for per diem payments described in para5 graph (1)(B) shall be three times the rate authorized for 

6 State homes for domiciliary care under section 1741 of such 

7 title.’’. 

8 (2) MODIFICATION OF FUNDING LIMITS FOR

9 GRANTS.—Subsection (c)(2) of section 2011 of title 38, 

10 United States Code, shall not apply to any grant 

11 awarded during a covered public health emergency 

12 under such section for a project described in sub13 section (b)(1) of such section. 

14 (3) USE OF PER DIEM PAYMENTS.—During a 

15 covered public health emergency, a recipient of a 

16 grant or an eligible entity under the grant and per 

17 diem program of the Department (in this subsection 

18 referred to as the ‘‘program’’) may use per diem pay19 ments under sections 2012 and 2061 of title 38, 

20 United States Code, to provide assistance required for 

21 safety and survival (such as food, shelter, clothing, 

22 blankets, and hygiene items) for— 

23 (A) homeless veterans; and 

24 (B) formerly homeless veterans residing in a 

25 facility operated wholly or in part by such a re-
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1 cipient or eligible entity receiving per diem pay2 ments under section 2012 of such title. 

3 (4) ADDITIONAL TRANSITIONAL HOUSING.— 

4 (A) IN GENERAL.—During a covered public 

5 health emergency, under the program, the Sec6 retary may provide amounts for additional tran7 sitional housing beds to facilitate access to hous8 ing and services provided to homeless veterans. 

9 (B) NOTICE; COMPETITION; PERIOD OF PER10 FORMANCE.—The Secretary may provide 

11 amounts under subparagraph (A)— 

12 (i) without notice or competition; and 

13 (ii) for a period of performance deter14 mined by the Secretary. 

15 (5) INSPECTIONS AND LIFE SAFETY CODE RE16 QUIREMENTS.— 

17 (A) IN GENERAL.—During a covered public 

18 health emergency, the Secretary may waive any 

19 requirement under subsection (b) or (c) of section 

20 2012 of title 38, United States Code, in order to 

21 allow the recipient of a grant or an eligible enti22 ty under the program— 

23 (i) to quickly identify temporary alter24 nate sites of care for homeless veterans that 

25 are suitable for habitation; 
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1 (ii) to facilitate social distancing or 

2 isolation needs; or 

3 (iii) to facilitate activation or continu4 ation of a program for which a grant has 

5 been awarded. 

6 (B) LIMITATION.—The Secretary may 

7 waive a requirement pursuant to the authority 

8 provided by subparagraph (A) with respect to a 

9 facility of a recipient of a grant or an eligible 

10 entity under the program only if the facility 

11 meets applicable local safety requirements, in12 cluding fire safety requirements. 

13 (6) DISPOSITION OF PROPERTY RELATING TO

14 GRANTS.—During a covered public health emergency, 

15 if the recipient of a grant awarded before or during 

16 such emergency under section 2011 of title 38, United 

17 States Code, for a project described in subsection 

18 (b)(1) of such section is no longer providing services 

19 in accordance with the terms of the grant, the recipi20 ent shall not be subject during such emergency to any 

21 property disposition requirements relating to the 

22 grant under subsection (c) or (f) of section 61.67 of 

23 title 38, Code of Federal Regulations, section 

24 200.311(c) of title 2, Code of Federal Regulations, or 

25 successor regulations. 
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1 (c) INSPECTION AND LIFE SAFETY CODE REQUIRE2 MENTS FOR THERAPEUTIC HOUSING.— 

3 (1) IN GENERAL.—During a covered public 

4 health emergency, the Secretary may waive any in5 spection or life safety code requirement under sub6 section (c) of section 2032 of title 38, United States 

7 Code— 

8 (A) to allow quick identification of tem9 porary alternate sites of care for homeless vet10 erans that are suitable for habitation; 

11 (B) to facilitate social distancing or isola12 tion needs; or 

13 (C) to facilitate the operation of housing 

14 under such section. 

15 (2) LIMITATION.—The Secretary may waive a 

16 requirement pursuant to the authority provided by 

17 paragraph (1) with respect to a residence or facility 

18 referred to in such section 2032 only if the residence 

19 or facility, as the case may be, meets applicable local 

20 safety requirements, including fire safety require21 ments. 

22 (d) ACCESS TO DEPARTMENT OF VETERANS AFFAIRS

23 TELEHEALTH SERVICES.—To the extent practicable, dur24 ing a covered public health emergency, the Secretary shall 

25 ensure that veterans participating in or receiving services 
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1 from a program under chapter 20 of title 38, United States 

2 Code, have access to telehealth services to which such vet3 erans are eligible under the laws administered by the Sec4 retary, including by ensuring that telehealth capabilities 

5 are available to— 

6 (1) such veterans; 

7 (2) case managers of the Department of pro8 grams for homeless veterans authorized under such 

9 chapter; and 

10 (3) community-based service providers for home11 less veterans receiving funds from the Department 

12 through grants or contracts. 

13 (e) DEFINITIONS.—In this section: 

14 (1) COVERED PUBLIC HEALTH EMERGENCY.— 

15 The term ‘‘covered public health emergency’’ means 

16 an emergency with respect to COVID–19 declared by 

17 a Federal, State, or local authority. 

18 (2) HOMELESS VETERAN; VETERAN.—The terms 

19 ‘‘homeless veteran’’ and ‘‘veteran’’ have the meanings 

20 given those terms in section 2002 of title 38, United 

21 States Code. 

22 (3) TELEHEALTH.— 

23 (A) IN GENERAL.—The term ‘‘telehealth’’ 

24 means the use of electronic information and tele25 communications technologies to support and pro-
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1 mote long-distance clinical health care, patient 

2 and professional health-related education, public 

3 health, and health administration. 

4 (B) TECHNOLOGIES.—For purposes of sub5 paragraph (A), ‘‘telecommunications tech6 nologies’’ include video conferencing, the inter7 net, streaming media, and terrestrial and wire8 less communications. 

9 SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS 

10 AND VETERANS AT RISK FOR HOMELESS11 NESS. 

12 (a) IN GENERAL.—Subchapter III of chapter 20 of 

13 title 38, United States Code, is amended by inserting after 

14 section 2022 the following new section: 

15 ‘‘§ 2022A. Legal services for homeless veterans and vet16 erans at risk for homelessness 

17 ‘‘(a) GRANTS.—Subject to the availability of appro18 priations provided for such purpose, the Secretary shall 

19 award grants to eligible entities that provide legal services 

20 to homeless veterans and veterans at risk for homelessness. 

21 ‘‘(b) CRITERIA.—(1) The Secretary shall— 

22 ‘‘(A) establish criteria and requirements for 

23 grants under this section, including criteria for enti24 ties eligible to receive such grants; and 
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1 ‘‘(B) publish such criteria and requirements in 

2 the Federal Register. 

3 ‘‘(2) In establishing criteria and requirements under 

4 paragraph (1), the Secretary shall— 

5 ‘‘(A) take into consideration any criteria and re6 quirements needed with respect to carrying out this 

7 section in rural communities, on trust lands, and in 

8 the territories and possessions of the United States; 

9 and 

10 ‘‘(B) consult with organizations that have expe11 rience in providing services to homeless veterans, in12 cluding— 

13 ‘‘(i) veterans service organizations; 

14 ‘‘(ii) the Equal Justice Works AmeriCorps 

15 Veterans Legal Corps; and 

16 ‘‘(iii) such other organizations as the Sec17 retary determines appropriate. 

18 ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may award 

19 a grant under this section to an entity applying for such 

20 a grant only if the applicant for the grant— 

21 ‘‘(1) is a public or nonprofit private entity with 

22 the capacity (as determined by the Secretary) to effec23 tively administer a grant under this section; 

24 ‘‘(2) demonstrates that adequate financial sup25 port will be available to carry out the services for 
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1 which the grant is sought consistent with the applica2 tion; 

3 ‘‘(3) agrees to meet the applicable criteria and 

4 requirements established under subsection (b)(1); and 

5 ‘‘(4) has, as determined by the Secretary, dem6 onstrated the capacity to meet such criteria and re7 quirements. 

8 ‘‘(d) USE OF FUNDS.—Grants under this section shall 

9 be used to provide homeless veterans and veterans at risk 

10 for homelessness the following legal services: 

11 ‘‘(1) Legal services relating to housing, including 

12 eviction defense, representation in landlord-tenant 

13 cases, and representation in foreclosure cases. 

14 ‘‘(2) Legal services relating to family law, in15 cluding assistance in court proceedings for child sup16 port, divorce, estate planning, and family reconcili17 ation. 

18 ‘‘(3) Legal services relating to income support, 

19 including assistance in obtaining public benefits. 

20 ‘‘(4) Legal services relating to criminal defense, 

21 including defense in matters symptomatic of home22 lessness, such as outstanding warrants, fines, and 

23 driver’s license revocation, to reduce recidivism and 

24 facilitate the overcoming of reentry obstacles in em25 ployment or housing. 
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1 ‘‘(5) Legal services relating to requests to up2 grade the characterization of a discharge or dismissal 

3 of a former member of the Armed Forces under section 

4 1553 of title 10. 

5 ‘‘(6) Such other legal services as the Secretary 

6 determines appropriate. 

7 ‘‘(e) FUNDS FOR WOMEN VETERANS.—For any fiscal 

8 year, not less than 10 percent of the amount authorized to 

9 be appropriated for grants under this section shall be used 

10 to provide legal services described in subsection (d) to 

11 women veterans. 

12 ‘‘(f) LOCATIONS.—To the extent practicable, the Sec13 retary shall award grants under this section to eligible enti14 ties in a manner that is equitably distributed across the 

15 geographic regions of the United States, including with re16 spect to— 

17 ‘‘(1) rural communities; 

18 ‘‘(2) trust lands (as defined in section 3765 of 

19 this title); 

20 ‘‘(3) Native Americans; and 

21 ‘‘(4) tribal organizations (as defined in section 4 

22 of the Indian Self-Determination and Education As23 sistance Act (25 U.S.C. 5304)). 

24 ‘‘(g) BIENNIAL REPORTS.—(1) Not less frequently than 

25 once every two years, the Secretary shall submit to the Com-
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1 mittee on Veterans’ Affairs of the Senate and the Committee 

2 on Veterans’ Affairs of the House of Representatives a report 

3 on grants awarded under this section. 

4 ‘‘(2) To the extent feasible, each report required by 

5 paragraph (1) shall include the following with respect to 

6 the period covered by the report: 

7 ‘‘(A) The number of homeless veterans and vet8 erans at risk for homelessness assisted. 

9 ‘‘(B) A description of the legal services provided. 

10 ‘‘(C) A description of the legal matters addressed. 

11 ‘‘(D) An analysis by the Secretary with respect 

12 to the operational effectiveness and cost-effectiveness of 

13 the services provided.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of chapter 20 of such title is amended by in16 serting after the item relating to section 2022 the following 

17 new item: 

‘‘2022A. Legal services for homeless veterans and veterans at risk for homelessness.’’. 

18 (c) CRITERIA.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary of Veterans Af20 fairs shall establish and publish in the Federal Register the 

21 criteria and requirements pursuant to subsection (b)(1) of 

22 section 2022A of title 38, United States Code, as added by 

23 subsection (a). 
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1 SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS 

2 AFFAIRS PROGRAMS THAT PROVIDE ASSIST3 ANCE TO WOMEN VETERANS WHO ARE HOME4 LESS. 

5 (a) IN GENERAL.—The Secretary of Veterans Affairs 

6 shall complete an analysis of programs of the Department 

7 of Veterans Affairs that provide assistance to women vet8 erans who are homeless or precariously housed to identify 

9 the areas in which such programs are failing to meet the 

10 needs of such women. 

11 (b) REPORT.—Not later than 270 days after the date 

12 of the enactment of this Act, the Secretary shall submit to 

13 the Committee on Veterans’ Affairs of the Senate and the 

14 Committee on Veterans’ Affairs of the House of Representa15 tives a report on the analysis completed under subsection 

16 (a). 

17 SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED BY THE 

18 SECRETARY OF VETERANS AFFAIRS TO ENTI19 TIES THAT PROVIDE SERVICES TO HOMELESS 

20 VETERANS. 

21 (a) INCREASE IN PER DIEM PAYMENTS.—Paragraph 

22 (2) of subsection (a) of section 2012 of title 38, United 

23 States Code, is amended to read as follows: 

24 ‘‘(2)(A)(i) Except as otherwise provided in subpara25 graph (B), the rate for such per diem payments shall be 
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1 the daily cost of care estimated by the grant recipient or 

2 eligible entity adjusted by the Secretary under clause (ii). 

3 ‘‘(ii)(I) The Secretary shall adjust the rate estimated 

4 by the grant recipient or eligible entity under clause (i) 

5 to exclude other sources of income described in subclause 

6 (III) that the grant recipient or eligible entity certifies to 

7 be correct. 

8 ‘‘(II) Each grant recipient or eligible entity shall pro9 vide to the Secretary such information with respect to other 

10 sources of income as the Secretary may require to make the 

11 adjustment under subclause (I). 

12 ‘‘(III) The other sources of income referred to in sub13 clauses (I) and (II) are payments to the grant recipient 

14 or eligible entity for furnishing services to homeless veterans 

15 under programs other than under this subchapter, includ16 ing payments and grants from other departments and agen17 cies of the United States, from departments or agencies of 

18 State or local government, and from private entities or or19 ganizations. 

20 ‘‘(iii) For purposes of calculating the rate for per diem 

21 payments under clause (i), in the case of a homeless veteran 

22 who has care of a minor dependent while receiving services 

23 from the grant recipient or eligible entity, the daily cost 

24 of care of the homeless veteran shall be the sum of the daily 

25 cost of care of the homeless veteran determined under clause 
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1 (i) plus, for each such minor dependent, an amount that 

2 equals 50 percent of such daily cost of care. 

3 ‘‘(B)(i)(I) Except as provided in clause (ii), and sub4 ject to the availability of appropriations, the Secretary may 

5 adjust the rate for per diem payments under this para6 graph, as the Secretary considers appropriate. 

7 ‘‘(II) Any adjustment made under this clause— 

8 ‘‘(aa) may not result in a rate that— 

9 ‘‘(AA) is lower than the rate in effect under 

10 this paragraph as in effect immediately pre11 ceding the date of the enactment of the Navy 

12 SEAL Bill Mulder Act of 2020; or 

13 ‘‘(BB) exceeds the rate that is 115 percent 

14 of the rate authorized for State homes for domi15 ciliary care under subsection (a)(1)(A) of section 

16 1741 of this title, as the Secretary may increase 

17 from time to time under subsection (c) of that 

18 section; and 

19 ‘‘(bb) may be determined on the basis of locality. 

20 ‘‘(ii) In the case of services furnished to a homeless 

21 veteran who is placed in housing that will become perma22 nent housing for the veteran upon termination of the fur23 nishing of such services to such veteran, the maximum rate 

24 of per diem authorized under this section is 150 percent 

25 of the rate authorized for State homes for domiciliary care 
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1 under subsection (a)(1)(A) of section 1741 of this title, as 

2 the Secretary may increase from time to time under sub3 section (c) of that section.’’. 

4 (b) REIMBURSEMENT OF CERTAIN FEES.—Such sec5 tion is further amended by adding at the end the following 

6 new subsection: 

7 ‘‘(e) REIMBURSEMENT OF ENTITIES FOR CERTAIN

8 FEES.—The Secretary may reimburse a recipient of a 

9 grant under section 2011, 2013, or 2061 of this title or a 

10 recipient of per diem payments under this section for fees 

11 charged to that grant or per diem payment recipient for 

12 the use of the homeless management information system de13 scribed in section 402(f) of the McKinney-Vento Homeless 

14 Assistance Act (42 U.S.C. 11360a(f))— 

15 ‘‘(1) in amounts the Secretary determines to be 

16 reasonable; and 

17 ‘‘(2) if the Secretary determines that the grant or 

18 per diem payment recipient is unable to obtain infor19 mation contained in such system through other means 

20 and at no cost to the grant or per diem payment re21 cipient.’’. 
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1 SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO CARRY 

2 OUT PROGRAM OF REFERRAL AND COUN3 SELING SERVICES FOR VETERANS AT RISK 

4 FOR HOMELESSNESS WHO ARE 

5 TRANSITIONING FROM CERTAIN INSTITU6 TIONS. 

7 (a) IN GENERAL.—Section 2023 of title 38, United 

8 States Code, is amended— 

9 (1) by striking subsection (d); and 

10 (2) by redesignating subsection (e) as subsection 

11 (d). 

12 (b) CONFORMING AMENDMENT.—Section 2021(a)(4) of 

13 such title is amended by striking ‘‘section 2023(e)’’ and in14 serting ‘‘section 2023(d)’’. 

15 SEC. 4206. COORDINATION OF CASE MANAGEMENT SERV16 ICES FOR VETERANS RECEIVING HOUSING 

17 VOUCHERS UNDER TRIBAL HOUSING AND 

18 URBAN DEVELOPMENT-VETERANS AFFAIRS 

19 SUPPORTIVE HOUSING PROGRAM. 

20 Section 2003 of title 38, United States Code, is amend21 ed by adding at the end the following new subsection: 

22 ‘‘(c) MEMORANDUM OF UNDERSTANDING ON ASSIST23 ANCE FROM INDIAN HEALTH SERVICE.—The Secretary 

24 may enter into a memorandum of understanding with the 

25 Secretary of Health and Human Services under which case 

26 managers of the Indian Health Service may provide case 
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1 management assistance to veterans who receive housing 

2 vouchers under the Tribal Housing and Urban Develop3 ment-Veterans Affairs Supportive Housing (Tribal HUD4 VASH) program of the Department of Housing and Urban 

5 Development.’’. 

6 SEC. 4207. CONTRACTS RELATING TO CASE MANAGERS FOR 

7 HOMELESS VETERANS IN SUPPORTED HOUS8 ING PROGRAM. 

9 (a) IN GENERAL.—Section 304 of the Honoring Amer10 ica’s Veterans and Caring for Camp Lejeune Families Act 

11 of 2012 (Public Law 112–154; 38 U.S.C. 2041 note) is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) by inserting ‘‘(1)’’ before ‘‘The Sec15 retary’’; 

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

17 paragraphs: 

18 ‘‘(2)(A) The director of each covered medical center 

19 shall seek to enter into one or more contracts or agreements 

20 described in paragraph (1). 

21 ‘‘(B) Any contract or agreement under subparagraph 

22 (A) may require that each case manager employed by an 

23 eligible entity who performs services under the contract or 

24 agreement has credentials equivalent to the credentials re25 quired for a case manager of the Department. 
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1 ‘‘(C)(i) The Secretary may waive the requirement 

2 under subparagraph (A) with respect to a covered medical 

3 center if the Secretary determines that fulfilling such re4 quirement is infeasible. 

5 ‘‘(ii) If the Secretary grants a waiver under clause (i), 

6 the Secretary shall, not later than 90 days after granting 

7 such waiver, submit to the Committee on Veterans’ Affairs 

8 of the Senate and the Committee on Veterans’ Affairs of 

9 the House of Representatives a report containing— 

10 ‘‘(I) an explanation of the determination made 

11 under clause (i); 

12 ‘‘(II) a plan to increase the number of case man13 agers of the Department; and 

14 ‘‘(III) a plan for the covered medical center to 

15 increase use of housing vouchers allocated to that 

16 medical center under the program described in para17 graph (1). 

18 ‘‘(D) In this paragraph, the term ‘covered medical cen19 ter’ means a medical center of the Department with respect 

20 to which the Secretary determines that— 

21 ‘‘(i) more than 15 percent of all housing vouchers 

22 allocated to that medical center under the program 

23 described in paragraph (1) during the fiscal year pre24 ceding the fiscal year in which such determination 
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1 was made were unused due to a lack of case manage2 ment services provided by the Secretary; and 

3 ‘‘(ii) one or more case manager positions have 

4 been vacant for at least nine consecutive months im5 mediately preceding the date of such determination.’’; 

6 and 

7 (2) in subsection (b)(2)— 

8 (A) in the matter before subparagraph (A), 

9 by striking ‘‘, including because—’’ and insert10 ing a period; and 

11 (B) by striking subparagraphs (A), (B), 

12 and (C). 

13 (b) EFFECTIVE DATE.—The amendments made by this 

14 section shall take effect on the first day of the first fiscal 

15 year that begins after the date of the enactment of this Act. 

16 SEC. 4208. REPORT ON STAFFING OF DEPARTMENT OF 

17 HOUSING AND URBAN DEVELOPMENT-DE18 PARTMENT OF VETERANS AFFAIRS SUP19 PORTED HOUSING PROGRAM. 

20 Not later than 180 days after the date of the enactment 

21 of this Act, and every three years thereafter, the Secretary 

22 of Veterans Affairs shall submit to the Committee on Vet23 erans’ Affairs of the Senate and the Committee on Veterans’ 

24 Affairs of the House of Representatives a report that in25 cludes the following: 
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1 (1) An assessment of the hiring needs of the pro2 gram carried out under section 8(o)(19) of the United 

3 States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) 

4 (in this section referred to as the ‘‘HUD-VASH pro5 gram’’), including— 

6 (A) an identification of the number of case 

7 managers of the HUD-VASH program as of the 

8 date of the report including— 

9 (i) the total number of vacancies; and 

10 (ii) the vacancies at each medical cen11 ter of the Department of Veterans Affairs; 

12 (B) the number of case managers of the 

13 HUD-VASH program that the Secretary of Vet14 erans Affairs and the Secretary of Housing and 

15 Urban Development jointly determine necessary 

16 to meet the needs of the Department and the pro17 gram; and 

18 (C) the amount of turnover among case 

19 managers of the HUD-VASH program and 

20 whether the turnover was planned or unexpected. 

21 (2) An assessment of how compensation, includ22 ing recruitment and retention incentives, for case 

23 managers of the HUD-VASH program affects turn24 over, and what percentage of retention compensation 

25 is provided to such case managers at each medical 
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1 center of the Department of Veterans Affairs (com2 pared to other positions). 

3 (3) A comparison of compensation described in 

4 paragraph (2) with the compensation provided to 

5 State, local, and nongovernmental housing employees 

6 at comparable training and experience levels. 

7 (4) Examples of how the Department of Veterans 

8 Affairs and the Department of Housing and Urban 

9 Development have worked with non-Federal partners 

10 (such as local governments, nongovernmental organi11 zations, veterans service organizations, and employee 

12 unions) to meet the staffing needs of the HUD-VASH 

13 program. 

14 (5) Examples of how medical centers of the De15 partment of Veterans Affairs with high retention rates 

16 for case managers of the HUD-VASH program have 

17 been able to maintain staffing levels. 

18 Subtitle C—Retraining Assistance 

19 for Veterans 

20 SEC. 4301. ACCESS FOR THE SECRETARIES OF LABOR AND 

21 VETERANS AFFAIRS TO THE FEDERAL DIREC22 TORY OF NEW HIRES. 

23 Section 453A(h) of the Social Security Act (42 U.S.C. 

24 653a(h)) is amended by adding at the end the following 

25 new paragraph: 
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1 ‘‘(4) VETERAN EMPLOYMENT.—The Secretaries of 

2 Labor and of Veterans Affairs shall have access to in3 formation reported by employers pursuant to sub4 section (b) of this section for purposes of tracking em5 ployment of veterans.’’. 

6 SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS 

7 OF HIGH TECHNOLOGY PROGRAMS OF EDU8 CATION FOR VETERANS. 

9 Section 116 of the Harry W. Colmery Veterans Edu10 cational Assistance Act of 2017 (Public Law 115–48; 38 

11 U.S.C. 3001 note) is amended— 

12 (1) in subsection (b), by adding at the end the 

13 following: ‘‘The Secretary shall treat an individual as 

14 an eligible veteran if the Secretary determines that 

15 the individual shall become an eligible veteran fewer 

16 than 180 days after the date of such determination. 

17 If an individual treated as an eligible veteran by rea18 son of the preceding sentence does anything to make 

19 the veteran ineligible during the 180-day period re20 ferred to in such sentence, the Secretary may require 

21 the veteran to repay any benefits received by such vet22 eran by reason of such sentence.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (3)(A), by striking ‘‘has 

25 been operational for at least 2 years’’ and insert-
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1 ing ‘‘employs instructors whom the Secretary de2 termines are experts in their respective fields in 

3 accordance with paragraph (6)’’; and 

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

5 paragraph: 

6 ‘‘(6) EXPERTS.—The Secretary shall determine 

7 whether instructors are experts under paragraph 

8 (3)(A) based on evidence furnished to the Secretary by 

9 the provider regarding the ability of the instructors 

10 to— 

11 ‘‘(A) identify professions in need of new em12 ployees to hire, tailor the programs to meet mar13 ket needs, and identify the employers likely to 

14 hire graduates; 

15 ‘‘(B) effectively teach the skills offered to eli16 gible veterans; 

17 ‘‘(C) provide relevant industry experience 

18 in the fields of programs offered to incoming eli19 gible veterans; and 

20 ‘‘(D) demonstrate relevant industry experi21 ence in such fields of programs.’’; 

22 (3) in subsection (d), in the matter preceding 

23 paragraph (1)— 
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1 (A) by inserting ‘‘(not including an indi2 vidual described in the second sentence of sub3 section (b))’’ after ‘‘each eligible veteran’’; and 

4 (B) by inserting ‘‘or part-time’’ after ‘‘full5 time’’; 

6 (4) in subsection (g), by striking ‘‘$15,000,000’’ 

7 and inserting ‘‘$45,000,000’’; and 

8 (5) by adding at the end the following new sub9 section (i): 

10 ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF AS11 SISTANCE.—The Secretary may not consider enrollment in 

12 a high technology program of education under this section 

13 to be assistance under a provision of law referred to in sec14 tion 3695 of title 38, United States Code.’’. 

15 SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRANSITION 

16 TRAINING FOR VETERANS AND SPOUSES. 

17 (a) EXTENSION OF PILOT PROGRAM.—Subsection (a) 

18 of section 301 of the Dignified Burial and Other Veterans’ 

19 Benefits Improvement Act of 2012 (Public Law 112–260; 

20 10 U.S.C. 1144 note) is amended— 

21 (1) by striking ‘‘During the two-year period be22 ginning on the date of the enactment of this Act’’ and 

23 inserting ‘‘During the five-year period beginning on 

24 the date of the enactment of the Navy SEAL Bill 

25 Mulder Act of 2020’’; and 
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1 (2) by striking ‘‘to assess the feasibility and ad2 visability of providing such program to eligible indi3 viduals at locations other than military installa4 tions’’. 

5 (b) LOCATIONS.—Subsection (c) of such section is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) in the paragraph heading, by striking 

9 ‘‘STATES’’ and inserting ‘‘LOCATIONS’’; and 

10 (B) by striking ‘‘not less than three and not 

11 more than five States’’ and inserting ‘‘not fewer 

12 than 50 locations in States (as defined in section 

13 101 of title 38, United States Code)’’; 

14 (2) in paragraph (2), by striking ‘‘at least two’’ 

15 and inserting ‘‘at least 20’’; and 

16 (3) by adding at the end the following new para17 graphs: 

18 ‘‘(5) PREFERENCES.—In selecting States for par19 ticipation in the pilot program, the Secretary shall 

20 provide a preference for any State with— 

21 ‘‘(A) a high rate of usage of unemployment 

22 benefits for recently separated members of the 

23 Armed Forces; or 
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1 ‘‘(B) a labor force or economy that has been 

2 significantly impacted by a covered public health 

3 emergency. 

4 ‘‘(6) COVERED PUBLIC HEALTH EMERGENCY DE5 FINED.—In this subsection, the term ‘covered public 

6 health emergency’ means— 

7 ‘‘(A) the public health emergency declared 

8 by the Secretary of Health and Human Services 

9 under section 319 of the Public Health Service 

10 Act (42 U.S.C. 247d) on January 31, 2020, with 

11 respect to Coronavirus Disease 2019 (COVID– 

12 19); or 

13 ‘‘(B) a domestic emergency declared, based 

14 on an outbreak of Coronavirus Disease 2019 

15 (COVID–19), by the President, the Secretary of 

16 Homeland Security, or a State or local author17 ity.’’. 

18 (c) ANNUAL REPORT.—Subsection (e) of such section 

19 is amended by adding at the end the following new sentence: 

20 ‘‘Each such report shall include information about the em21 ployment outcomes of the eligible individuals who received 

22 such training during the year covered by the report.’’. 

23 (d) CONFORMING REPEAL.—Subsection (f) of such sec24 tion is repealed. 
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1 SEC. 4304. GRANTS FOR PROVISION OF TRANSITION ASSIST2 ANCE TO MEMBERS OF THE ARMED FORCES 

3 AFTER SEPARATION, RETIREMENT, OR DIS4 CHARGE. 

5 (a) IN GENERAL.—The Secretary of Veterans Affairs 

6 shall make grants to eligible organizations for the provision 

7 of transition assistance to members of the Armed Forces 

8 who are separated, retired, or discharged from the Armed 

9 Forces, and spouses of such members. 

10 (b) USE OF FUNDS.—The recipient of a grant under 

11 this section shall use the grant to provide to members of 

12 the Armed Forces and spouses described in subsection (a) 

13 resume assistance, interview training, job recruitment 

14 training, and related services leading directly to successful 

15 transition, as determined by the Secretary. 

16 (c) ELIGIBLE ORGANIZATIONS.—To be eligible for a 

17 grant under this section, an organization shall submit to 

18 the Secretary an application containing such information 

19 and assurances as the Secretary, in consultation with the 

20 Secretary of Labor, may require. 

21 (d) PRIORITY.—In making grants under this section, 

22 the Secretary shall give priority to an organization that— 

23 (1) provides multiple forms of services described 

24 in subsection (b); or 

25 (2) is located in a State with— 
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1 (A) a high rate of unemployment among 

2 veterans; 

3 (B) a high rate of usage of unemployment 

4 benefits for recently separated members of the 

5 Armed Forces; or 

6 (C) a labor force or economy that has been 

7 significantly impacted by a covered public health 

8 emergency (as such term is defined in section 

9 131(n)). 

10 (e) AMOUNT OF GRANT.—A grant under this section 

11 shall be in an amount that does not exceed 50 percent of 

12 the amount required by the organization to provide the serv13 ices described in subsection (b). 

14 (f) DEADLINE.—The Secretary shall carry out this sec15 tion not later than 180 days after the date of the enactment 

16 of this Act. 

17 (g) TERMINATION.—The authority to provide a grant 

18 under this section shall terminate on the date that is five 

19 years after the date on which the Secretary implements the 

20 grant program under this section. 

21 SEC. 4305. ONE-YEAR INDEPENDENT ASSESSMENT OF THE 

22 EFFECTIVENESS OF TRANSITION ASSISTANCE 

23 PROGRAM. 

24 (a) INDEPENDENT ASSESSMENT.—Not later than 90 

25 days after the date of the enactment of this Act, the Sec-
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1 retary of Veterans Affairs, in consultation with the covered 

2 officials, shall enter into an agreement with an appropriate 

3 entity with experience in adult education to carry out a 

4 one-year independent assessment of the Transition Assist5 ance Program under sections 1142 and 1144 of title 10, 

6 United States Code (TAP), including— 

7 (1) the effectiveness of the Transition Assistance 

8 Program for members of each military department 

9 during the entire military life cycle; 

10 (2) the appropriateness of the career readiness 

11 standards of the Transition Assistance Program; 

12 (3) a review of information that is provided to 

13 the Department of Veterans Affairs under the Transi14 tion Assistance Program, including mental health 

15 data; 

16 (4) whether the Transition Assistance Program 

17 effectively addresses the challenges veterans face enter18 ing the civilian workforce and in translating experi19 ence and skills from military service to the job mar20 ket; 

21 (5) whether the Transition Assistance Program 

22 effectively addresses the challenges faced by the fami23 lies of veterans making the transition to civilian life; 

24 (6) appropriate metrics regarding outcomes of 

25 the Transition Assistance Program for members of the 
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1 Armed Forces one year after separation, retirement, 

2 or discharge from the Armed Forces; 

3 (7) what the Secretary, in consultation with the 

4 covered officials and veterans service organizations, 

5 determine to be successful outcomes for the Transition 

6 Assistance Program; 

7 (8) whether members of the Armed Forces achieve 

8 successful outcomes for the Transition Assistance Pro9 gram, as determined under paragraph (7); 

10 (9) how the Secretary and the covered officials 

11 provide feedback to each other regarding such out12 comes; 

13 (10) recommendations for the Secretaries of the 

14 military departments regarding how to improve out15 comes for members of the Armed Forces after separa16 tion, retirement, and discharge; and 

17 (11) other topics the Secretary and the covered 

18 officials determine would aid members of the Armed 

19 Forces as they transition to civilian life. 

20 (b) REPORT.—Not later than 90 days after the comple21 tion of the independent assessment under subsection (a), the 

22 Secretary and the covered officials shall jointly submit to 

23 the appropriate committees of Congress— 

24 (1) the findings and recommendations (including 

25 recommended legislation) of the independent assess-
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1 ment prepared by the entity described in subsection 

2 (a); and 

3 (2) responses of the Secretary and the covered of4 ficials to the findings and recommendations described 

5 in paragraph (1). 

6 (c) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

8 The term ‘‘appropriate committees of Congress’’ 

9 means— 

10 (A) the Committee on Veterans’ Affairs and 

11 the Committee on Armed Services of the Senate; 

12 and 

13 (B) the Committee on Veterans’ Affairs and 

14 the Committee on Armed Services of the House 

15 of Representatives. 

16 (2) COVERED OFFICIALS.—The term ‘‘covered of17 ficials’’ means— 

18 (A) the Secretary of Defense; 

19 (B) the Secretary of Labor; 

20 (C) the Administrator of the Small Business 

21 Administration; and 

22 (D) the Secretaries of the military depart23 ments. 
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1 (3) MILITARY DEPARTMENT.—The term ‘‘mili2 tary department’’ has the meaning given that term in 

3 section 101 of title 10, United States Code. 

4 SEC. 4306. LONGITUDINAL STUDY ON CHANGES TO TRANSI5 TION ASSISTANCE PROGRAM. 

6 (a) STUDY.—Not later than 90 days after the date of 

7 the enactment of this Act, the Secretary of Veterans Affairs, 

8 in consultation with the Secretary of Defense, the Secretary 

9 of Labor, and the Administrator of the Small Business Ad10 ministration, shall conduct a five-year longitudinal study 

11 regarding the Transition Assistance Program under sec12 tions 1142 and 1144 of title 10, United States Code (TAP), 

13 on three separate cohorts of members of the Armed Forces 

14 who have separated from the Armed Forces, including— 

15 (1) a cohort that has attended counseling under 

16 the Transition Assistance Program as implemented 

17 on the date of the enactment of this Act; 

18 (2) a cohort that attends counseling under the 

19 Transition Assistance Program after the Secretary of 

20 Defense and the Secretary of Labor implement 

21 changes recommended in the report under section 

22 136(b); and 

23 (3) a cohort that has not attended counseling 

24 under the Transition Assistance Program. 
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1 (b) PROGRESS REPORTS.—Not later than 90 days 

2 after the date that is one year after the date of the initiation 

3 of the study under subsection (a), and annually thereafter 

4 for the three subsequent years, the Secretary of Veterans Af5 fairs, the Secretary of Defense, the Secretary of Labor, and 

6 the Administrator of the Small Business Administration 

7 shall jointly submit to the appropriate committees of Con8 gress a progress report of activities under the study during 

9 the immediately preceding year. 

10 (c) FINAL REPORT.— 

11 (1) IN GENERAL.—Not later than 180 days after 

12 the completion of the study under subsection (a), the 

13 Secretary of Veterans Affairs, the Secretary of De14 fense, the Secretary of Labor, and the Administrator 

15 of the Small Business Administration shall jointly 

16 submit to the appropriate committees of Congress a 

17 report of final findings and recommendations based 

18 on the study. 

19 (2) ELEMENTS.—The final report under para20 graph (1) shall include information regarding the fol21 lowing: 

22 (A) The percentage of each cohort that re23 ceived unemployment benefits during the study 

24 under subsection (a). 
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1 (B) The numbers of months members of each 

2 cohort were employed during the study. 

3 (C) Annual starting and ending salaries of 

4 members of each cohort who were employed dur5 ing the study. 

6 (D) How many members of each cohort en7 rolled in an institution of higher learning, as 

8 that term is defined in section 3452(f) of title 38, 

9 United States Code. 

10 (E) The academic credit hours, degrees, and 

11 certificates obtained by members of each cohort 

12 during the study. 

13 (F) The annual income of members of each 

14 cohort. 

15 (G) The total household income of members 

16 of each cohort. 

17 (H) How many members of each cohort own 

18 their principal residences. 

19 (I) How many dependents members of each 

20 cohort have. 

21 (J) The percentage of each cohort that 

22 achieves a successful outcome for the Transition 

23 Assistance Program, as determined under section 

24 136(a)(7). 
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1 (K) Other criteria the Secretaries and the 

2 Administrator of the Small Business Adminis3 tration determine appropriate. 

4 (d) APPROPRIATE COMMITTEES OF CONGRESS DE5 FINED.—In this section, the term ‘‘appropriate committees 

6 of Congress’’ means— 

7 (1) the Committee on Veterans’ Affairs and the 

8 Committee on Armed Services of the Senate; and 

9 (2) the Committee on Veterans’ Affairs and the 

10 Committee on Armed Services of the House of Rep11 resentatives. 

12 TITLE V—DEBORAH SAMPSON 

13 SEC. 5001. SHORT TITLE. 

14 This title may be cited as the ‘‘Deborah Sampson Act 

15 of 2020’’. 

16 Subtitle A—Improving Access for 

17 Women Veterans to the Depart18 ment of Veterans Affairs 

19 SEC. 5101. OFFICE OF WOMEN’S HEALTH IN DEPARTMENT 

20 OF VETERANS AFFAIRS. 

21 (a) CHIEF OFFICER OF WOMEN’S HEALTH.—Sub22 section (a) of section 7306 of title 38, United States Code, 

23 is amended— 

24 (1) by redesignating paragraph (10) as para25 graph (11); and 
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1 (2) by inserting after paragraph (9) the fol2 lowing new paragraph (10): 

3 ‘‘(10) The Chief Officer of Women’s Health.’’. 

4 (b) ORGANIZATION OF OFFICE AND ANNUAL RE5 PORTS.— 

6 (1) IN GENERAL.—Subchapter I of chapter 73 of 

7 title 38, United States Code, is amended by adding 

8 at the end of the following new sections: 

9 ‘‘§ 7310. Office of Women’s Health 

10 ‘‘(a) ESTABLISHMENT.—(1) The Under Secretary for 

11 Health shall establish and operate in the Veterans Health 

12 Administration the Office of Women’s Health (in this sec13 tion referred to as the ‘Office’). 

14 ‘‘(2) The Office shall be located at the Central Office 

15 of the Department of Veterans Affairs. 

16 ‘‘(3)(A) The head of the Office is the Chief Officer of 

17 Women’s Health (in this section referred to as the ‘Chief 

18 Officer’). 

19 ‘‘(B) The Chief Officer shall report to the Under Sec20 retary for Health. 

21 ‘‘(4) The Under Secretary for Health shall provide the 

22 Office with such staff and other support as may be nec23 essary for the Office to carry out effectively the functions 

24 of the Office under this section. 
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1 ‘‘(5) The Under Secretary for Health may reorganize 

2 existing offices within the Veterans Health Administration 

3 as of the date of the enactment of this section in order to 

4 avoid duplication with the functions of the Office. 

5 ‘‘(b) FUNCTIONS.—The functions of the Office include 

6 the following: 

7 ‘‘(1) To provide a central office for monitoring 

8 and encouraging the activities of the Veterans Health 

9 Administration with respect to the provision, evalua10 tion, and improvement of health care services pro11 vided to women veterans by the Department. 

12 ‘‘(2) To develop and implement standards of care 

13 for the provision of health care for women veterans by 

14 the Department. 

15 ‘‘(3) To monitor and identify deficiencies in 

16 standards of care for the provision of health care for 

17 women veterans by the Department, to provide tech18 nical assistance to medical facilities of the Depart19 ment to address and remedy deficiencies, and to per20 form oversight of implementation of such standards of 

21 care. 

22 ‘‘(4) To monitor and identify deficiencies in 

23 standards of care for the provision of health care for 

24 women veterans provided through the community 

25 pursuant to this title and to provide recommendations 
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1 to the appropriate office to address and remedy any 

2 deficiencies. 

3 ‘‘(5) To oversee distribution of resources and in4 formation related to health programming for women 

5 veterans under this title. 

6 ‘‘(6) To promote the expansion and improvement 

7 of clinical, research, and educational activities of the 

8 Veterans Health Administration with respect to the 

9 health care of women veterans. 

10 ‘‘(7) To provide, as part of the annual budgeting 

11 process, recommendations with respect to the amounts 

12 to be requested for furnishing hospital care and med13 ical services to women veterans pursuant to chapter 

14 17 of this title, including, at a minimum, rec15 ommendations that ensure that such amounts either 

16 reflect or exceed the proportion of veterans enrolled in 

17 the system of patient enrollment of the Department 

18 established and operated under section 1705(a) of this 

19 title who are women. 

20 ‘‘(8) To provide recommendations to the Under 

21 Secretary for Health with respect to modifying the 

22 Veterans Equitable Resource Allocation system, or 

23 successor system, to ensure that resource allocations 

24 under such system, or successor system, reflect the 

25 health care needs of women veterans. 
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1 ‘‘(9) To carry out such other duties as the Under 

2 Secretary for Health may require. 

3 ‘‘(c) RECOMMENDATIONS.—(1) If the Under Secretary 

4 for Health determines not to implement any recommenda5 tion made by the Chief Officer with respect to the allocation 

6 of resources to address the health care needs of women vet7 erans, the Secretary shall notify the appropriate congres8 sional committees of such determination by not later than 

9 30 days after the date on which the Under Secretary for 

10 Health receives the recommendation. 

11 ‘‘(2) Each notification under paragraph (1) relating 

12 to a determination with respect to a recommendation shall 

13 include the following: 

14 ‘‘(A) The reasoning of the Under Secretary for 

15 Health in making the determination. 

16 ‘‘(B) An alternative, if one is selected, to the rec17 ommendation that the Under Secretary for Health 

18 will carry out to fulfill the health care needs of 

19 women veterans. 

20 ‘‘(d) STANDARDS OF CARE.—For purposes of carrying 

21 out the functions of the Office under this section, the stand22 ards of care for the provision of health care for women vet23 erans from the Department shall include, at a minimum, 

24 the following: 

25 ‘‘(1) A requirement for— 
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1 ‘‘(A) at least one designated women’s health 

2 primary care provider at each medical center of 

3 the Department whose duties include, to the ex4 tent practicable, providing training to other 

5 health care providers of the Department with re6 spect to the needs of women veterans; and 

7 ‘‘(B) at least one designated women’s health 

8 primary care provider at each community-based 

9 outpatient clinic of the Department who may 

10 serve women patients as a percentage of the total 

11 duties of the provider. 

12 ‘‘(2) Other requirements as determined by the 

13 Under Secretary for Health. 

14 ‘‘(e) OUTREACH.—The Chief Officer shall ensure 

15 that— 

16 ‘‘(1) not less frequently than biannually, each 

17 medical facility of the Department holds a public 

18 forum for women veterans that occurs outside of reg19 ular business hours; and 

20 ‘‘(2) not less frequently than quarterly, each 

21 medical facility of the Department convenes a focus 

22 group of women veterans that includes a discussion of 

23 harassment occurring at such facility. 

24 ‘‘(f) DEFINITIONS.—In this section: 
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1 ‘‘(1) The term ‘appropriate congressional com2 mittees’ has the meaning given that term in section 

3 7310A(h) of this title. 

4 ‘‘(2) The term ‘facility of the Department’ has 

5 the meaning given the term ‘facilities of the Depart6 ment’ in section 1701(3) of this title. 

7 ‘‘(3) The term ‘Veterans Equitable Resource Allo8 cation system’ means the resource allocation system 

9 established pursuant to section 429 of the Depart10 ments of Veterans Affairs and Housing and Urban 

11 Development, and Independent Agencies Appropria12 tions Act, 1997 (Public Law 104–204; 110 Stat. 

13 2929). 

14 ‘‘§ 7310A. Annual reports on women’s health 

15 ‘‘(a) ANNUAL REPORTS.—Not later than December 1 

16 of each year, the Chief Officer of Women’s Health shall sub17 mit to the appropriate congressional committees a report 

18 containing the matters under subsections (b) through (g). 

19 ‘‘(b) OFFICE OF WOMEN’S HEALTH.—Each report 

20 under subsection (a) shall include a description of— 

21 ‘‘(1) actions taken by the Office of Women’s 

22 Health established under section 7310 of this title in 

23 the preceding fiscal year to improve the provision of 

24 health care by the Department to women veterans; 
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1 ‘‘(2) any identified deficiencies related to the 

2 provision of health care by the Department to women 

3 veterans and the standards of care established in such 

4 section and the plan of the Department to address 

5 such deficiencies; 

6 ‘‘(3) the funding and personnel provided to the 

7 Office and whether additional funding or personnel 

8 are needed to meet the requirements of such section; 

9 and 

10 ‘‘(4) other information that would be of interest 

11 to the appropriate congressional committees with re12 spect to oversight of the provision of health care by 

13 the Department to women veterans. 

14 ‘‘(c) ACCESS TO GENDER-SPECIFIC SERVICES.—(1) 

15 Each report under subsection (a) shall include an analysis 

16 of the access of women veterans to gender-specific services 

17 under contracts, agreements, or other arrangements with 

18 non-Department medical providers entered into by the Sec19 retary for the provision of hospital care or medical services 

20 to veterans. 

21 ‘‘(2) The analysis under paragraph (1) shall include 

22 data and performance measures for the availability of gen23 der-specific services described in such paragraph, includ24 ing— 
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1 ‘‘(A) the average wait time between the preferred 

2 appointment date of the veteran and the date on 

3 which the appointment is completed; 

4 ‘‘(B) the average driving time required for vet5 erans to attend appointments; and 

6 ‘‘(C) reasons why appointments could not be 

7 scheduled with non-Department medical providers. 

8 ‘‘(d) MODELS OF CARE.—(1) Each report under sub9 section (a) shall include an analysis of the use by the De10 partment of general primary care clinics, separate but 

11 shared spaces, and women’s health centers as delivery of 

12 care models for women veterans. 

13 ‘‘(2) The analysis under paragraph (1) shall include 

14 the following: 

15 ‘‘(A) The number of facilities of the Department 

16 that fall into each delivery of care model described in 

17 such paragraph, disaggregated by Veterans Integrated 

18 Service Network and State. 

19 ‘‘(B) A description of the criteria used by the De20 partment to determine which such model is most ap21 propriate for each facility of the Department. 

22 ‘‘(C) An assessment of how the Department de23 cides to make investments to modify facilities to a dif24 ferent model. 
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1 ‘‘(D) A description of what, if any, plans the De2 partment has to modify facilities from general pri3 mary care clinics to another model. 

4 ‘‘(E) An assessment of whether any facilities 

5 could be modified to a separate but shared space for 

6 a women’s health center within planned investments 

7 under the strategic capital investment planning proc8 ess of the Department. 

9 ‘‘(F) An assessment of whether any facilities 

10 could be modified to a separate or shared space or a 

11 women’s health center with minor modifications to 

12 existing plans under the strategic capital investment 

13 planning process of the Department. 

14 ‘‘(G) An assessment of whether the Department 

15 has a goal for how many facilities should fall into 

16 each such model. 

17 ‘‘(e) STAFFING.—Each report under subsection (a) 

18 shall include an analysis of the staffing of the Department 

19 relating to the treatment of women, including the following, 

20 disaggregated by Veterans Integrated Service Network and 

21 State (except with respect to paragraph (4)): 

22 ‘‘(1) The number of women’s health centers. 

23 ‘‘(2) The number of patient aligned care teams 

24 of the Department relating to women’s health. 
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1 ‘‘(3) The number of full- and part-time gyne2 cologists of the Department. 

3 ‘‘(4) The number of designated women’s health 

4 care providers of the Department, disaggregated by 

5 facility of the Department. 

6 ‘‘(5) The number of health care providers of the 

7 Department who have completed a mini-residency for 

8 women’s health care through the Women Veterans 

9 Health Care Mini-Residency Program of the Depart10 ment during the one-year period preceding the sub11 mittal of the report and the number of mini-residency 

12 training slots for such program that are available 

13 during the one-year period following such date. 

14 ‘‘(6) The number of designated women’s health 

15 care providers of the Department who have sufficient 

16 women patient loads or case complexities to retain 

17 their competencies and proficiencies. 

18 ‘‘(f) ACCESSIBILITY AND TREATMENT OPTIONS.—Each 

19 report under subsection (a) shall include an analysis of the 

20 accessibility and treatment options for women veterans, in21 cluding the following: 

22 ‘‘(1) An assessment of wheelchair accessibility of 

23 women’s health centers of the Department, including, 

24 with respect to each such center, an assessment of ac25 cessibility for each kind of treatment provided at the 
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1 center, including with respect to radiology and mam2 mography, that addresses all relevant factors, includ3 ing door sizes, hoists, and equipment. 

4 ‘‘(2) The options for women veterans to access 

5 mental health providers and primary care providers 

6 who are women. 

7 ‘‘(3) The options for women veterans at medical 

8 facilities of the Department with respect to clothing 

9 sizes, including for gowns, drawstring pants, and pa10 jamas. 

11 ‘‘(g) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘appropriate congressional com13 mittees’ means— 

14 ‘‘(A) the Committee on Appropriations and 

15 the Committee on Veterans’ Affairs of the Senate; 

16 and 

17 ‘‘(B) the Committee on Appropriations and 

18 the Committee on Veterans’ Affairs of the House 

19 of Representatives. 

20 ‘‘(2) The term ‘gender-specific services’ means 

21 mammography, obstetric care, gynecological care, and 

22 such other services as the Secretary determines appro23 priate.’’. 

24 (2) REFERENCES TO HEALTH CARE AND SERV25 ICES.—The references to health care and the references 
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1 to services in sections 7310 and 7310A of title 38, 

2 United States Code, as added by paragraph (1), are 

3 references to the health care and services included in 

4 the medical benefits package provided by the Depart5 ment as in effect on the day before the date of the en6 actment of this Act. 

7 (3) CLERICAL AMENDMENT.—The table of sec8 tions for such chapter is amended by inserting after 

9 the item relating to section 7309A the following new 

10 items: 

‘‘7310. Office of Women’s Health. 

‘‘7310A. Annual reports on women’s health.’’. 

11 (c) INITIAL REPORT.—The Chief Officer of Women’s 

12 Health of the Department of Veterans Affairs shall submit 

13 the initial report under section 7310A of title 38, United 

14 States Code, as added by subsection (b), by not later than 

15 one year after the date of the enactment of this Act. 

16 SEC. 5102. WOMEN VETERANS RETROFIT INITIATIVE. 

17 (a) IN GENERAL.—The Secretary of Veterans Affairs 

18 shall prioritize the retrofitting of existing medical facilities 

19 of the Department of Veterans Affairs with fixtures, mate20 rials, and other outfitting measures to support the provision 

21 of care to women veterans at such facilities. 

22 (b) PLAN.— 

23 (1) IN GENERAL.—Not later than one year after 

24 the date of the enactment of this Act, the Secretary 
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1 shall submit to Congress, the Committee on Veterans’ 

2 Affairs of the Senate, and the Committee on Veterans’ 

3 Affairs of the House of Representatives a plan to ad4 dress deficiencies in environment of care for women 

5 veterans at medical facilities of the Department. 

6 (2) ELEMENTS.—The plan required by para7 graph (1) shall include the following: 

8 (A) An explanation of the specific environ9 ment of care deficiencies that need correcting. 

10 (B) An assessment of how the Secretary 

11 prioritizes retrofitting existing medical facilities 

12 to support provision of care to women veterans 

13 in comparison to other requirements. 

14 (C) A five-year strategic plan and cost pro15 jection for retrofitting medical facilities of the 

16 Department to support the provision of care to 

17 women veterans as required under subsection (a). 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

19 appropriations and the plan under (b), there is authorized 

20 to be appropriated to the Secretary $20,000,000 to carry 

21 out subsection (a) in addition to amounts otherwise made 

22 available to the Secretary for the purposes set forth in such 

23 subsection. 
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1 SEC. 5103. ESTABLISHMENT OF ENVIRONMENT OF CARE 

2 STANDARDS AND INSPECTIONS AT DEPART3 MENT OF VETERANS AFFAIRS MEDICAL CEN4 TERS. 

5 (a) IN GENERAL.—The Secretary of Veterans Affairs 

6 shall establish a policy under which the environment of care 

7 standards and inspections at medical centers of the Depart8 ment of Veterans Affairs include— 

9 (1) an alignment of the requirements for such 

10 standards and inspections with the women’s health 

11 handbook of the Veterans Health Administration; 

12 (2) a requirement for the frequency of such in13 spections; 

14 (3) delineation of the roles and responsibilities of 

15 staff at each medical center who are responsible for 

16 compliance; 

17 (4) the requirement that each medical center sub18 mit to the Secretary and make publicly available a 

19 report on the compliance of the medical center with 

20 the standards; and 

21 (5) a remediation plan. 

22 (b) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Secretary shall submit to 

24 the Committee on Veterans’ Affairs of the Senate and the 

25 Committee on Veterans’ Affairs of the House of Representa26 tives a report certifying in writing that the policy required 
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1 by subsection (a) has been finalized and disseminated to 

2 all medical centers of the Department. 

3 SEC. 5104. PROVISION OF REINTEGRATION AND READJUST4 MENT SERVICES TO VETERANS AND FAMILY 

5 MEMBERS IN GROUP RETREAT SETTINGS. 

6 (a) IN GENERAL.—Section 1712A of title 38, United 

7 States Code, is amended— 

8 (1) in subsection (a)(1)(B)— 

9 (A) in clause (ii), by redesignating sub10 clauses (I) and (II) as items (aa) and (bb); 

11 (B) by redesignating clauses (i) and (ii) as 

12 subclauses (I) and (II); 

13 (C) in the matter preceding subclause (I), 

14 as redesignated by subparagraph (B), by striking 

15 ‘‘Counseling’’ and inserting ‘‘(i) Counseling’’; 

16 and 

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

18 clause: 

19 ‘‘(ii)(I) Except as provided in subclauses (IV) and (V), 

20 counseling furnished to an individual under subparagraph 

21 (A) may include reintegration and readjustment services 

22 described in subclause (II) furnished in group retreat set23 tings. 

24 ‘‘(II) Reintegration and readjustment services de25 scribed in this subclause are the following: 
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1 ‘‘(aa) Information on reintegration of the indi2 vidual into family, employment, and community. 

3 ‘‘(bb) Financial counseling. 

4 ‘‘(cc) Occupational counseling. 

5 ‘‘(dd) Information and counseling on stress re6 duction. 

7 ‘‘(ee) Information and counseling on conflict res8 olution. 

9 ‘‘(ff) Such other information and counseling as 

10 the Secretary considers appropriate to assist the indi11 vidual in reintegration into family, employment, and 

12 community. 

13 ‘‘(III) In furnishing reintegration and readjustment 

14 services under subclause (I), the Secretary shall offer women 

15 the opportunity to receive such services in group retreat set16 tings in which the only participants are women. 

17 ‘‘(IV) An individual described in subparagraph (C)(v) 

18 may receive reintegration and readjustment services under 

19 subclause (I) of this clause only if the individual receives 

20 such services with a family member described in subclause 

21 (I) or (II) of such subparagraph. 

22 ‘‘(V) In each of fiscal years 2021 through 2025, the 

23 maximum number of individuals to whom integration and 

24 readjustment services may be furnished in group retreat set-
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1 tings under this subclause (I) shall not exceed 1,200 indi2 viduals.’’. 

3 (b) REQUEST FOR SERVICES.—Subsection (a)(2) of 

4 such section is amended— 

5 (1) by striking ‘‘Upon’’ and inserting ‘‘(A) 

6 Upon’’; 

7 (2) by striking ‘‘paragraph (1)(B)’’ and insert8 ing ‘‘paragraph (1)(B)(i)’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) Upon the request of an individual described in 

12 paragraph (1)(C), the Secretary shall furnish the indi13 vidual reintegration and readjustment services in group re14 treat settings under paragraph (1)(B)(ii) if the Secretary 

15 determines the experience will be therapeutically appro16 priate.’’. 

17 SEC. 5105. PROVISION OF LEGAL SERVICES FOR WOMEN 

18 VETERANS. 

19 (a) AGREEMENT REQUIRED.—The Secretary of Vet20 erans Affairs shall enter into one or more agreements with 

21 public or private entities to provide legal services to women 

22 veterans. 

23 (b) FOCUS.—The focus of an agreement entered into 

24 under subsection (a) shall be to address the following unmet 

25 needs of women veterans as set forth in the most recently 
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1 completed Community Homelessness Assessment, Local 

2 Education and Networking Groups for Veterans 

3 (CHALENG for Veterans) survey: 

4 (1) Child support. 

5 (2) Prevention of eviction and foreclosure. 

6 (3) Discharge upgrades. 

7 (4) Financial guardianship. 

8 (5) Credit counseling. 

9 (6) Family reconciliation assistance. 

10 SEC. 5106. COMPTROLLER GENERAL SURVEYS AND REPORT 

11 ON SUPPORTIVE SERVICES PROVIDED FOR 

12 VERY LOW-INCOME WOMEN VETERANS. 

13 (a) SURVEYS.— 

14 (1) SURVEY OF WOMEN VETERANS.—The Comp15 troller General of the United States shall survey 

16 women veterans who have received or are receiving 

17 supportive services provided under section 2044 of 

18 title 38, United States Code, to determine satisfaction 

19 with the ability of such services to meet the specific 

20 needs of such veterans. 

21 (2) SURVEY OF ELIGIBLE ENTITIES.—The Comp22 troller General shall survey eligible entities receiving 

23 financial assistance under such section and other 

24 partners of the Department of Veterans Affairs, in25 cluding veterans service organizations and the Na-
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1 tional Coalition of Homeless Veterans, on the view of 

2 such entities and partners regarding— 

3 (A) whether the Department is meeting the 

4 needs of women veterans through the provision of 

5 supportive services under such section; and 

6 (B) any additional supportive services that 

7 may be required to meet such needs. 

8 (b) REPORT.— 

9 (1) IN GENERAL.—Not later than 18 months 

10 after the date of the enactment of this Act, the Comp11 troller General of the United States shall submit to 

12 the Committee on Veterans’ Affairs of the Senate and 

13 the Committee on Veterans’ Affairs of the House of 

14 Representatives a report on the efforts of the Depart15 ment of Veterans Affairs to provide supportive serv16 ices to women veterans under section 2044 of title 38, 

17 United States. 

18 (2) ELEMENTS.—The report required by para19 graph (1) shall include the following: 

20 (A) A review of how the Department deter21 mines which categories of supportive services 

22 would be beneficial to women veterans who re23 ceive services under such section. 

24 (B) A description of the challenges women 

25 veterans who have children face in accessing sup-
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1 portive services under such section, including 

2 with respect to accessing— 

3 (i) homeless shelters with their chil4 dren; 

5 (ii) homeless shelters that have restric6 tions on male children; and 

7 (iii) affordable child care. 

8 (C) A description of how the Department 

9 identifies eligible entities under such section that 

10 can provide supportive services to meet the needs 

11 of women veterans, including eligible entities 

12 with experience in— 

13 (i) intimate partner violence; 

14 (ii) legal matters pertaining especially 

15 to women veterans, including temporary re16 straining orders and child care orders; 

17 (iii) supportive services for children; 

18 and 

19 (iv) the evaluation of which categories 

20 of services would be beneficial to women vet21 erans who receive such services under such 

22 section. 

23 (D) A description of how much the Depart24 ment spends, from funds appropriated to carry 

25 out such section and funds provided under the 
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1 Coronavirus Aid, Relief, and Economic Security 

2 Act (Public Law 116–136), on supportive serv3 ices specifically for women veterans, and in par4 ticular, on the services described in subpara5 graph (A). 

6 (E) The results of the surveys conducted 

7 under subsection (a). 

8 (F) A review of the resources and program9 ming offered to woman veterans under such sec10 tion. 

11 (G) An assessment of such other areas as the 

12 Comptroller General considers appropriate. 

13 SEC. 5107. PROGRAMS ON ASSISTANCE FOR CHILD CARE 

14 FOR CERTAIN VETERANS. 

15 (a) ASSISTANCE FOR CHILD CARE FOR CERTAIN VET16 ERANS RECEIVING HEALTH CARE.— 

17 (1) IN GENERAL.—Subchapter I of chapter 17 of 

18 title 38, United States Code, is amended by adding 

19 at the end the following new section: 

20 ‘‘§ 1709C. Assistance for child care for certain vet21 erans receiving health care 

22 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall carry 

23 out a program to provide, subject to subsection (b), assist24 ance to qualified veterans described in subsection (c) to ob-
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1 tain child care so that such veterans can receive health care 

2 services described in subsection (c)(2). 

3 ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—Assist4 ance may be provided to a qualified veteran under this sec5 tion for receipt of child care only during the period that 

6 the qualified veteran— 

7 ‘‘(1) receives the types of health care services de8 scribed in subsection (c)(2) at a facility of the De9 partment; and 

10 ‘‘(2) requires travel to and return from such fa11 cility for the receipt of such health care services. 

12 ‘‘(c) QUALIFIED VETERANS.—For purposes of this sec13 tion, a qualified veteran is a veteran who— 

14 ‘‘(1) is the primary caretaker of a child or chil15 dren; and 

16 ‘‘(2)(A) receives from the Department— 

17 ‘‘(i) regular mental health care services; 

18 ‘‘(ii) intensive mental health care services; 

19 or 

20 ‘‘(iii) such other intensive health care serv21 ices that the Secretary determines that provision 

22 of assistance to the veteran to obtain child care 

23 would improve access to such health care services 

24 by the veteran; or 
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1 ‘‘(B) is in need of regular or intensive mental 

2 health care services from the Department, and but for 

3 lack of child care services, would receive such health 

4 care services from the Department. 

5 ‘‘(d) LOCATIONS.—Not later than five years after the 

6 date of the enactment of the Deborah Sampson Act of 2020, 

7 the Secretary shall carry out the program at each medical 

8 center of the Department. 

9 ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) Child 

10 care assistance under this section may include the fol11 lowing: 

12 ‘‘(A) Stipends for the payment of child care of13 fered by a licensed child care center (either directly 

14 or through a voucher program) that shall be, to the 

15 extent practicable, modeled after the Department of 

16 Veterans Affairs Child Care Subsidy Program estab17 lished pursuant to section 630 of the Treasury and 

18 General Government Appropriations Act, 2002 (Pub19 lic Law 107–67; 115 Stat. 552). 

20 ‘‘(B) Direct provision of child care at an on-site 

21 facility of the Department. 

22 ‘‘(C) Payments to private child care agencies. 

23 ‘‘(D) Collaboration with facilities or programs of 

24 other Federal agencies. 
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1 ‘‘(E) Such other forms of assistance as the Sec2 retary considers appropriate. 

3 ‘‘(2) In providing child care assistance under this sec4 tion, the child care needs of the local area shall be consid5 ered and the head of each medical center may select the type 

6 of care that is most appropriate or feasible for such medical 

7 center. 

8 ‘‘(3) In the case that child care assistance under this 

9 section is provided as a stipend under paragraph (1)(A), 

10 such stipend shall cover the full cost of such child care.’’. 

11 (2) CONFORMING AMENDMENT.—Section 205(e) 

12 of the Caregivers and Veterans Omnibus Health Serv13 ices Act of 2010 (Public Law 111–163; 38 U.S.C. 

14 1710 note) is amended by striking ‘‘September 30, 

15 2020’’ and inserting ‘‘the date of the enactment of the 

16 Deborah Sampson Act of 2020’’. 

17 (3) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 17 of such title is 

19 amended by inserting after the item relating to sec20 tion 1709B the following new item: 

‘‘1709C. Assistance for child care for certain veterans receiving health care,’’. 

21 (b) PILOT PROGRAM ON ASSISTANCE FOR CHILD CARE

22 FOR CERTAIN VETERANS RECEIVING READJUSTMENT

23 COUNSELING AND RELATED MENTAL HEALTH SERV24 ICES.— 
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1 (1) IN GENERAL.—The Secretary of Veterans Af2 fairs shall carry out a pilot program to assess the fea3 sibility and advisability of providing, subject to para4 graph (2), assistance to qualified veterans described 

5 in paragraph (3) to obtain child care so that such 

6 veterans can receive readjustment counseling and re7 lated mental health services. 

8 (2) LIMITATION ON PERIOD OF PAYMENTS.—As9 sistance may be provided to a qualified veteran under 

10 the pilot program for receipt of child care only during 

11 the period that the qualified veteran receives readjust12 ment counseling and related health care services at a 

13 Vet Center. 

14 (3) QUALIFIED VETERANS.—For purposes of this 

15 subsection, a qualified veteran is a veteran who— 

16 (A) is the primary caretaker of a child or 

17 children; and 

18 (B)(i) receives from the Department regular 

19 readjustment counseling and related mental 

20 health services; or 

21 (ii) is in need of regular readjustment coun22 seling and related mental health services from 

23 the Department, and but for lack of child care 

24 services, would receive such counseling and serv25 ices from the Department. 
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1 (4) LOCATIONS.—The Secretary shall carry out 

2 the pilot program in not fewer than three Readjust3 ment Counseling Service Regions selected by the Sec4 retary for purposes of the pilot program. 

5 (5) FORMS OF CHILD CARE ASSISTANCE.— 

6 (A) IN GENERAL.—Child care assistance 

7 under the pilot program may include the fol8 lowing: 

9 (i) Stipends for the payment of child 

10 care offered by a licensed child care center 

11 (either directly or through a voucher pro12 gram) that shall be, to the extent prac13 ticable, modeled after the Department of 

14 Veterans Affairs Child Care Subsidy Pro15 gram established pursuant to section 630 of 

16 the Treasury and General Government Ap17 propriations Act, 2002 (Public Law 107– 

18 67; 115 Stat. 552). 

19 (ii) Payments to private child care 

20 agencies. 

21 (iii) Collaboration with facilities or 

22 programs of other Federal agencies. 

23 (iv) Such other forms of assistance as 

24 the Secretary considers appropriate. 
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1 (B) LOCAL AREA.—In providing child care 

2 assistance under the pilot program, the child 

3 care needs of the local area shall be considered 

4 and the head of each Vet Center may select the 

5 type of care that is most appropriate or feasible 

6 for such Vet Center. 

7 (C) USE OF STIPEND.—In the case that 

8 child care assistance under the pilot program is 

9 provided as a stipend under subparagraph 

10 (A)(i), such stipend shall cover the full cost of 

11 such child care. 

12 (6) DURATION.—The pilot program shall be car13 ried out during the two-year period beginning on the 

14 date of the commencement of the pilot program. 

15 (7) REPORT.— 

16 (A) IN GENERAL.—Not later than 180 days 

17 after the completion of the pilot program, the 

18 Secretary shall submit to Congress a report on 

19 the pilot program. 

20 (B) ELEMENTS.—The report required by 

21 subparagraph (A) shall include the findings and 

22 conclusions of the Secretary regarding the pilot 

23 program, and shall include such recommenda24 tions for the continuation or expansion of the 
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1 pilot program as the Secretary considers appro2 priate. 

3 (8) VET CENTER DEFINED.—In this subsection, 

4 the term ‘‘Vet Center’’ has the meaning given that 

5 term in section 1712A(h) of title 38, United States 

6 Code. 

7 SEC. 5108. AVAILABILITY OF PROSTHETICS FOR WOMEN 

8 VETERANS FROM DEPARTMENT OF VETERANS 

9 AFFAIRS. 

10 (a) ACCESS AT EACH MEDICAL FACILITY.—Section 

11 1714(a) of title 38, United States Code, is amended— 

12 (1) by striking ‘‘(a) Any veteran’’ and inserting 

13 ‘‘(a)(1) Any veteran’’; and 

14 (2) by adding at the end the following new para15 graph: 

16 ‘‘(2) In furnishing prosthetic appliances under para17 graph (1), the Secretary shall ensure women veterans are 

18 able to access clinically appropriate prosthetic appliances 

19 through each medical facility of the Department.’’. 

20 (b) REPORT.— 

21 (1) IN GENERAL.—Not later than one year after 

22 the date of the enactment of this Act, the Secretary of 

23 Veterans Affairs shall submit to the Committee on 

24 Veterans’ Affairs of the Senate and the Committee on 

25 Veterans’ Affairs of the House of Representatives a re-
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1 port on the availability from the Department of Vet2 erans Affairs of prosthetics made for women veterans, 

3 including an assessment of the availability of such 

4 prosthetics at medical facilities of the Department. 

5 (2) ELEMENTS.—The report required by para6 graph (1) shall include— 

7 (A) a list of all devices classified by the De8 partment as prosthetic devices, including a 

9 breakdown of whether a device is considered gen10 der-neutral or gender-specific; 

11 (B) for gender-neutral devices, a breakdown 

12 of sizing; 

13 (C) the average time it takes for a woman 

14 veteran to receive a prosthetic device after it is 

15 prescribed, disaggregated by Veterans Integrated 

16 Service Network and medical center of the De17 partment; 

18 (D) the total number of women veterans uti19 lizing the Department for prosthetic services, 

20 disaggregated by facility of the Department; 

21 (E) an assessment of efforts by the Depart22 ment on research, development, and employment 

23 of additive manufacture technology (commonly 

24 referred to as 3D printing) to provide prosthetic 

25 items for women veterans; 
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1 (F) the results of a survey with a represent2 ative sample of not fewer than 50,000 veterans 

3 (of which women shall be overrepresented) in an 

4 amputee care program on satisfaction with pros5 thetics furnished or procured by the Department 

6 that replace appendages or their function; and 

7 (G) such other information as the Secretary 

8 considers appropriate. 

9 SEC. 5109. REQUIREMENT TO IMPROVE DEPARTMENT OF 

10 VETERANS AFFAIRS WOMEN VETERANS CALL 

11 CENTER. 

12 The Secretary of Veterans Affairs shall enhance the ca13 pabilities of the women veterans call center of the Depart14 ment of Veterans Affairs to respond to requests by women 

15 veterans for assistance with accessing health care and bene16 fits furnished under the laws administered by the Secretary. 

17 SEC. 5110. STUDY ON INFERTILITY SERVICES FURNISHED 

18 AT DEPARTMENT OF VETERANS AFFAIRS. 

19 (a) STUDY REQUIRED.—The Secretary of Veterans Af20 fairs shall conduct a study on the infertility services offer21 ings at the Department of Veterans Affairs. 

22 (b) ELEMENTS.—The study conducted under sub23 section (a) shall include the following: 

24 (1) An assessment of the following: 
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1 (A) The availability of infertility services at 

2 facilities of the Department and through laws 

3 administered by the Secretary for the provision 

4 of non-Department care. 

5 (B) The demand for such services from eli6 gible individuals. 

7 (2) Identification of potential challenges in ac8 cessing infertility services for eligible individuals. 

9 (3) An analysis of Department resources for the 

10 furnishing of infertility services, including analysis of 

11 Department workforce and non-Department pro12 viders. 

13 (4) Development of recommendations for the im14 provement of infertility services under laws adminis15 tered by the Secretary to improve eligible individuals’ 

16 access, delivery of services, and health outcomes. 

17 (c) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, the Secretary shall submit to 

19 the Committee on Veterans’ Affairs of the Senate and the 

20 Committee on Veterans’ Affairs of the House of Representa21 tives a report on the study conducted under subsection (a). 

22 (d) ELIGIBLE INDIVIDUAL DEFINED.—In this section, 

23 the term ‘‘eligible individual’’ means an individual who is 

24 a veteran who is eligible for and enrolled in the health care 
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1 system of the Department under section 1705(a) of title 38, 

2 United States Code. 

3 SEC. 5111. SENSE OF CONGRESS ON ACCESS TO FACILITIES 

4 OF DEPARTMENT OF VETERANS AFFAIRS BY 

5 RESERVISTS FOR COUNSELING AND TREAT6 MENT RELATING TO MILITARY SEXUAL TRAU7 MA. 

8 (a) IN GENERAL.—It is the sense of Congress that 

9 members of the reserve components of the Armed Forces, in10 cluding members of the National Guard, should be able to 

11 access all health care facilities of the Department of Vet12 erans Affairs, not just Vet Centers, to receive counseling and 

13 treatment relating to military sexual trauma. 

14 (b) DEFINITIONS.—In this section: 

15 (1) MILITARY SEXUAL TRAUMA.—The term 

16 ‘‘military sexual trauma’’ has the meaning given such 

17 term in section 1164(c) of title 38, United States 

18 Code, as added by section 5501(a) of this title. 

19 (2) VET CENTER.—The term ‘‘Vet Center’’ has 

20 the meaning given that term in section 1712A(h) of 

21 such title. 
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1 Subtitle B—Increasing Staff 

2 Cultural Competency 

3 SEC. 5201. STAFFING OF WOMEN’S HEALTH PRIMARY CARE 

4 PROVIDERS AT MEDICAL FACILITIES OF DE5 PARTMENT OF VETERANS AFFAIRS. 

6 The Secretary of Veterans Affairs shall ensure that 

7 each medical facility of the Department of Veterans Affairs 

8 has not fewer than one full-time or part-time women’s 

9 health primary care provider whose duties include, to the 

10 extent possible, providing training to other health care pro11 viders of the Department on the needs of women veterans. 

12 SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY CARE AND 

13 EMERGENCY CARE CLINICIANS IN WOMEN 

14 VETERANS HEALTH CARE MINI-RESIDENCY 

15 PROGRAM. 

16 (a) IN GENERAL.—There is authorized to be appro17 priated to the Secretary of Veterans Affairs $1,000,000 for 

18 each fiscal years 2021 through 2025 to provide opportuni19 ties for participation in the Women Veterans Health Care 

20 Mini-Residency Program of the Department of Veterans Af21 fairs for primary care and emergency care clinicians. 

22 (b) TREATMENT OF AMOUNTS.—The amounts author23 ized to be appropriated under subsection (a) shall be in ad24 dition to amounts otherwise made available to the Secretary 

25 for the purposes set forth in such subsection. 
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1 SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN TRAINING 

2 MODULE FOR NON-DEPARTMENT OF VET3 ERANS AFFAIRS HEALTH CARE PROVIDERS. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Veterans 

6 Affairs shall establish and make available to community 

7 providers a training module that is specific to women vet8 erans. 

9 (b) TRAINING MATERIALS PROVIDED.—Under the 

10 training module established and made available to commu11 nity providers under subsection (a), the Secretary shall pro12 vide to community providers the same training materials 

13 relating to treatment of women veterans that is provided 

14 to health care providers of the Department of Veterans Af15 fairs to ensure that all health care providers treating women 

16 veterans have access to the same materials to support com17 petency throughout the community. 

18 (c) ADMINISTRATION OF TRAINING MODULE.—The 

19 Secretary shall administer the training module established 

20 under subsection (a) to community providers through an 

21 internet website of the Department. 

22 (d) ANNUAL REPORT.—Not later than one year after 

23 the establishment of the training module under subsection 

24 (a), and annually thereafter, the Secretary shall submit to 

25 Congress a report on— 
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1 (1) the utilization by community providers of the 

2 training module; and 

3 (2) the effectiveness of the training module. 

4 (e) DEFINITIONS.—In this section: 

5 (1) COMMUNITY PROVIDER.—The term ‘‘commu6 nity provider’’ means a non-Department of Veterans 

7 Affairs health care provider who provides 

8 preauthorized health care to veterans under the laws 

9 administered by the Secretary of Veterans Affairs. 

10 (2) PREAUTHORIZED HEALTH CARE.—The term 

11 ‘‘preauthorized health care’’ means health care pro12 vided to a veteran that is authorized by the Secretary 

13 before being provided. 

14 SEC. 5204. STUDY ON STAFFING OF WOMEN VETERAN PRO15 GRAM MANAGER PROGRAM AT MEDICAL CEN16 TERS OF DEPARTMENT OF VETERANS AF17 FAIRS AND TRAINING OF STAFF. 

18 (a) STUDY.—The Secretary of Veterans Affairs shall 

19 conduct a study on the use of the Women Veteran Program 

20 Manager program of the Department of Veterans Affairs to 

21 determine— 

22 (1) if the program is appropriately staffed at 

23 each medical center of the Department; 
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1 (2) whether each medical center of the Depart2 ment is staffed with a Women Veteran Program Man3 ager; and 

4 (3) whether it would be feasible and advisable to 

5 have a Women Veteran Program Ombudsman at each 

6 medical center of the Department. 

7 (b) REPORT.—Not later than 270 days after the date 

8 of the enactment of this Act, the Secretary shall submit to 

9 the Committee on Veterans’ Affairs of the Senate and the 

10 Committee on Veterans’ Affairs of the House of Representa11 tives a report on the study conducted under subsection (a). 

12 (c) TRAINING.—The Secretary shall ensure that all 

13 Women Veteran Program Managers and Women Veteran 

14 Program Ombudsmen receive the proper training to carry 

15 out their duties. 

16 SEC. 5205. STUDY ON WOMEN VETERAN COORDINATOR 

17 PROGRAM. 

18 (a) STUDY AND REPORT REQUIRED.—Not later than 

19 180 days after the date of the enactment of this Act, the 

20 Secretary of Veterans Affairs shall— 

21 (1) complete a study on the Women Veteran Co22 ordinator program of the Veterans Benefits Adminis23 tration of the Department of Veterans Affairs; and 

24 (2) submit to the Committee on Veterans’ Affairs 

25 of the Senate and the Committee on Veterans’ Affairs 
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1 of the House of Representatives a report on the find2 ings of the Secretary with respect to the study com3 pleted under paragraph (1). 

4 (b) ELEMENTS.—The study required by subsection 

5 (a)(1) shall identify the following: 

6 (1) If the program described in such subsection 

7 is appropriately staffed at each regional benefits office 

8 of the Department. 

9 (2) Whether each regional benefits office of the 

10 Department is staffed with a Women Veteran Coordi11 nator. 

12 (3) The position description of the Women Vet13 eran Coordinator. 

14 (4) Whether an individual serving in the Women 

15 Veteran Coordinator position concurrently serves in 

16 any other position, and if so, the allocation of time 

17 the individual spends in each such position. 

18 (5) A description of the metrics the Secretary 

19 uses to determine the job performance and effective20 ness of the Women Veteran Coordinator. 

21 SEC. 5206. STAFFING IMPROVEMENT PLAN FOR PEER SPE22 CIALISTS OF DEPARTMENT OF VETERANS AF23 FAIRS WHO ARE WOMEN. 

24 (a) ASSESSMENT OF CAPACITY.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, the Secretary of 

3 Veterans Affairs, in consultation with the Inspector 

4 General of the Department of Veterans Affairs, shall 

5 commence an assessment of the capacity of peer spe6 cialists of the Department of Veterans Affairs who are 

7 women. 

8 (2) ELEMENTS.—The assessment required by 

9 paragraph (1) shall include an assessment of the fol10 lowing: 

11 (A) The geographical distribution of peer 

12 specialists of the Department who are women. 

13 (B) The geographical distribution of women 

14 veterans. 

15 (C) The number and proportion of women 

16 peer specialists who specialize in peer counseling 

17 on mental health or suicide prevention. 

18 (D) The number and proportion of women 

19 peer specialists who specialize in peer counseling 

20 on non-mental health related matters. 

21 (b) REPORT.—Not later than one year after the assess22 ment required by subsection (a) has commenced, the Sec23 retary shall submit to the Committee on Veterans’ Affairs 

24 of the Senate and the Committee on Veterans’ Affairs of 
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1 the House of Representatives a report detailing the findings 

2 of the assessment. 

3 (c) STAFFING IMPROVEMENT PLAN.— 

4 (1) IN GENERAL.—Not later than 180 days after 

5 submitting the report under subsection (b), the Sec6 retary, in consultation with the Inspector General, 

7 shall submit to the Committee on Veterans’ Affairs of 

8 the Senate and the Committee on Veterans’ Affairs of 

9 the House of Representatives a plan, based on the re10 sults of the assessment required by subsection (a), to 

11 hire additional qualified peer specialists who are 

12 women, with special consideration for areas that lack 

13 peer specialists who are women. 

14 (2) ELEMENTS.—The peer specialist positions 

15 included in the plan required by paragraph (1)— 

16 (A) shall be non-volunteer, paid positions; 

17 and 

18 (B) may be part-time positions. 
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1 Subtitle C—Eliminating 

2 Harassment and Assault 

3 SEC. 5301. EXPANSION OF COVERAGE BY DEPARTMENT OF 

4 VETERANS AFFAIRS OF COUNSELING AND 

5 TREATMENT FOR SEXUAL TRAUMA. 

6 (a) EXPANSION OF ELIGIBILITY FOR COUNSELING AND

7 TREATMENT.—Section 1720D of title 38, United States 

8 Code, is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1), by striking ‘‘active 

11 duty, active duty for training, or inactive duty 

12 training’’ and inserting ‘‘duty, regardless of duty 

13 status or line of duty determination (as that 

14 term is used in section 12323 of title 10)’’; and 

15 (B) in paragraph (2)(A), by striking ‘‘ac16 tive duty, active duty for training, or inactive 

17 duty training’’ and inserting ‘‘duty, regardless of 

18 duty status or line of duty determination (as 

19 that term is used in section 12323 of title 10)’’; 

20 (2) by striking ‘‘veteran’’ each place it appears 

21 and inserting ‘‘former member of the Armed Forces’’; 

22 (3) by striking ‘‘veterans’’ each place it appears 

23 and inserting ‘‘former members of the Armed Forces’’; 

24 and 
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1 (4) by adding at the end the following new sub2 section: 

3 ‘‘(g) In this section, the term ‘former member of the 

4 Armed Forces’ includes the following: 

5 ‘‘(1) A veteran. 

6 ‘‘(2) An individual described in section 1720I(b) 

7 of this title.’’. 

8 (b) INCLUSION OF TREATMENT FOR PHYSICAL

9 HEALTH CONDITIONS.—Such section is further amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) by inserting ‘‘, to include care for 

13 physical health conditions, as appropriate,’’ 

14 after ‘‘counseling and appropriate care and 

15 services’’; 

16 (ii) by striking ‘‘overcome psycho17 logical trauma’’ and inserting ‘‘treat a con18 dition’’; and 

19 (iii) by striking ‘‘mental health profes20 sional’’ and inserting ‘‘health care profes21 sional’’; and 

22 (B) in paragraph (2)(A), by striking ‘‘over23 come psychological trauma’’ and inserting ‘‘treat 

24 a condition’’; and 

25 (2) in subsection (d)— 
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1 (A) in paragraph (1), by inserting ‘‘and 

2 other health care professionals’’ after ‘‘mental 

3 health professionals’’; and 

4 (B) in paragraph (2)(A), by inserting ‘‘and 

5 other health care professionals’’ after ‘‘mental 

6 health professionals’’. 

7 SEC. 5302. ASSESSMENT OF EFFECTS OF INTIMATE PART8 NER VIOLENCE ON WOMEN VETERANS BY AD9 VISORY COMMITTEE ON WOMEN VETERANS. 

10 Section 542(c)(1) of title 38, United States Code, is 

11 amended— 

12 (1) in subparagraph (B), by striking ‘‘and’’ at 

13 the end; 

14 (2) by redesignating subparagraph (C) as sub15 paragraph (D); and 

16 (3) by inserting after subparagraph (B) the fol17 lowing new subparagraph (C): 

18 ‘‘(C) an assessment of the effects of intimate 

19 partner violence on women veterans; and’’. 

20 SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL ASSAULT 

21 POLICY OF DEPARTMENT OF VETERANS AF22 FAIRS. 

23 (a) IN GENERAL.—Subchapter II of chapter 5 of title 

24 38, United States Code, is amended by adding at the end 

25 the following new section: 
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1 ‘‘§ 533. Anti-harassment and anti-sexual assault pol2 icy 

3 ‘‘(a) ESTABLISHMENT.—(1) The Secretary, acting 

4 through the Office of Assault and Prevention of the Veterans 

5 Health Administration, shall establish a comprehensive pol6 icy to end harassment and sexual assault, including sexual 

7 harassment and gender-based harassment, throughout the 

8 Department. 

9 ‘‘(2) The policy required by paragraph (1) shall in10 clude the following: 

11 ‘‘(A) A process for employees and contractors of 

12 the Department to respond to reported incidents of 

13 harassment and sexual assault committed by any 

14 non-Department individual within a facility of the 

15 Department, including with respect to accountability 

16 or disciplinary measures. 

17 ‘‘(B) A process for employees and contractors of 

18 the Department to respond to reported incidents of 

19 harassment and sexual assault of any non-Depart20 ment individual within a facility of the Department. 

21 ‘‘(C) A process for any non-Department indi22 vidual to report harassment and sexual assault de23 scribed in subparagraph (A), including an option for 

24 confidential reporting, and for the Secretary to re25 spond to and address such reports. 
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1 ‘‘(D) Clear mechanisms for non-Department in2 dividuals to readily identify to whom and how to re3 port incidents of harassment and sexual assault com4 mitted by another non-Department individual. 

5 ‘‘(E) Clear mechanisms for employees and con6 tractors of the Department to readily identify to 

7 whom and how to report incidents of harassment and 

8 sexual assault and how to refer non-Department indi9 viduals with respect to reporting an incident of har10 assment or sexual assault. 

11 ‘‘(F) A process for, and mandatory reporting re12 quirement applicable to, any employee or contractor 

13 of the Department who witnesses harassment or sex14 ual assault described in subparagraph (A) or (B) 

15 within a facility of the Department, regardless of 

16 whether the individual affected by such harassment or 

17 sexual assault wants to report such harassment or 

18 sexual assault. 

19 ‘‘(G) The actions possible, including disciplinary 

20 actions, for employees or contractors of the Depart21 ment who fail to report incidents of harassment and 

22 sexual assault described in subparagraph (A) or (B) 

23 that the employees or contractors witness. 

24 ‘‘(H) On an annual or more frequent basis, 

25 mandatory training for employees and contractors of 
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1 the Department regarding how to report and address 

2 harassment and sexual assault described in subpara3 graphs (A) and (B), including bystander intervention 

4 training. 

5 ‘‘(I) On an annual or more frequent basis, the 

6 distribution of the policy under this subsection and 

7 anti-harassment and anti-sexual assault educational 

8 materials by mail or email to each individual receiv9 ing a benefit under a law administered by the Sec10 retary. 

11 ‘‘(J) The prominent display of anti-harassment 

12 and anti-sexual assault messages in each facility of 

13 the Department, including how non-Department indi14 viduals may report harassment and sexual assault de15 scribed in subparagraphs (A) and (B) at such facility 

16 and the points of contact under subsection (b). 

17 ‘‘(K) The posting on internet websites of the De18 partment, including the main internet website regard19 ing benefits of the Department and the main internet 

20 website regarding health care of the Department, of 

21 anti-harassment and anti-sexual assault banners spe22 cifically addressing harassment and sexual assault de23 scribed in subparagraphs (A) and (B). 

24 ‘‘(b) POINTS OF CONTACT.—The Secretary shall des25 ignate, as a point of contact to receive reports of harassment 
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1 and sexual assault described in subparagraphs (A) and (B) 

2 of subsection (a)(2)— 

3 ‘‘(1) at least one individual, in addition to law 

4 enforcement, at each facility of the Department (in5 cluding Vet Centers under section 1712A of this title), 

6 with regard to that facility; 

7 ‘‘(2) at least one individual employed in each 

8 Veterans Integrated Service Network, with regard to 

9 facilities in that Veterans Integrated Service Network; 

10 ‘‘(3) at least one individual employed in each re11 gional benefits office; 

12 ‘‘(4) at least one individual employed at each lo13 cation of the National Cemetery Administration; and 

14 ‘‘(5) at least one individual employed at the Cen15 tral Office of the Department to track reports of such 

16 harassment and sexual assault across the Department, 

17 disaggregated by facility. 

18 ‘‘(c) ACCOUNTABILITY.—(1) The Secretary shall estab19 lish a policy to ensure that each facility of the Department 

20 and each director of a Veterans Integrated Service Network 

21 is responsible for addressing harassment and sexual assault 

22 at the facility and the Network. 

23 ‘‘(2) The policy required by paragraph (1) shall in24 clude— 
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1 ‘‘(A) a remediation plan for facilities that expe2 rience five or more incidents of sexual harassment, 

3 sexual assault, or combination thereof, during any 

4 single fiscal year; and 

5 ‘‘(B) taking appropriate actions under chapter 7 

6 or subchapter V of chapter 74 of this title. 

7 ‘‘(d) DATA.—The Secretary shall ensure that the in8 take process for veterans at medical facilities of the Depart9 ment includes a survey to collect the following information: 

10 ‘‘(1) Whether the veteran feels safe at the facility 

11 and whether any events occurred at the facility that 

12 affect such feeling. 

13 ‘‘(2) Whether the veteran wants to be contacted 

14 later by the Department with respect to such safety 

15 issues. 

16 ‘‘(e) WORKING GROUP.—(1) The Secretary shall estab17 lish a working group to assist the Secretary in imple18 menting policies to carry out this section. 

19 ‘‘(2) The working group established under paragraph 

20 (1) shall consist of representatives from— 

21 ‘‘(A) veterans service organizations; 

22 ‘‘(B) State, local, and Tribal veterans agencies; 

23 and 

24 ‘‘(C) other persons the Secretary determines ap25 propriate. 
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1 ‘‘(3) The working group established under paragraph 

2 (1) shall develop, and the Secretary shall carry out— 

3 ‘‘(A) an action plan for addressing changes at 

4 the local level to reduce instances of harassment and 

5 sexual assault; 

6 ‘‘(B) standardized media for veterans service or7 ganizations and other persons to use in print and on 

8 the internet with respect to reducing harassment and 

9 sexual assault; and 

10 ‘‘(C) bystander intervention training for vet11 erans. 

12 ‘‘(4) The working group established under paragraph 

13 (1) shall not be subject to the requirements of the Federal 

14 Advisory Committee Act (5 U.S.C. App.). 

15 ‘‘(f) ANNUAL REPORTS.—(1) The Secretary shall sub16 mit to the Committee on Veterans’ Affairs of the Senate and 

17 the Committee on Veterans’ Affairs of the House of Rep18 resentatives an annual report on harassment and sexual as19 sault described in subparagraphs (A) and (B) of subsection 

20 (a)(2) in facilities of the Department. 

21 ‘‘(2) Each report submitted under paragraph (1) shall 

22 include the following: 

23 ‘‘(A) Results of harassment and sexual assault 

24 programming, including the End Harassment pro25 gram. 
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1 ‘‘(B) Results of studies from the Women’s Health 

2 Practice-Based Research Network of the Department 

3 relating to harassment and sexual assault. 

4 ‘‘(C) Data collected on incidents of sexual har5 assment and sexual assault. 

6 ‘‘(D) A description of any actions taken by the 

7 Secretary during the year preceding the date of the 

8 report to stop harassment and sexual assault at facili9 ties of the Department. 

10 ‘‘(E) An assessment of the implementation of the 

11 training required in subsection (a)(2)(H). 

12 ‘‘(F) A list of resources the Secretary determines 

13 necessary to prevent harassment and sexual assault at 

14 facilities of the Department. 

15 ‘‘(g) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘non-Department individual’ 

17 means any individual present at a facility of the De18 partment who is not an employee or contractor of the 

19 Department. 

20 ‘‘(2) The term ‘sexual harassment’ means unso21 licited verbal or physical contact of a sexual nature 

22 which is threatening in character.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of such chapter is amended by adding after 

25 the item relating to section 532 the following new item: 

‘‘533. Anti-harassment and anti-sexual assault policy.’’. 
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1 (c) DEFINITION OF SEXUAL HARASSMENT.—Section 

2 1720D(f) of such title is amended by striking ‘‘repeated,’’. 

3 (d) DEADLINE.—The Secretary shall commence car4 rying out section 533 of such title, as added by subsection 

5 (a), not later than 180 days after the date of enactment 

6 of this Act. 

7 SEC. 5304. PILOT PROGRAM ON ASSISTING VETERANS WHO 

8 EXPERIENCE INTIMATE PARTNER VIOLENCE 

9 OR SEXUAL ASSAULT. 

10 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

11 Veterans Affairs shall carry out a pilot program to assess 

12 the feasibility and advisability of assisting former members 

13 of the Armed Forces who have experienced or are experi14 encing intimate partner violence or sexual assault in access15 ing benefits from the Department of Veterans Affairs, in16 cluding coordinating access to medical treatment centers, 

17 housing assistance, and other benefits from the Department. 

18 (b) DURATION.—The Secretary shall carry out the 

19 pilot program under subsection (a) during the two-year pe20 riod beginning on the date of the commencement of the pilot 

21 program. 

22 (c) COLLABORATION.—The Secretary shall carry out 

23 the pilot program under subsection (a) in collaboration 

24 with— 
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1 (1) intimate partner violence shelters and pro2 grams; 

3 (2) rape crisis centers; 

4 (3) State intimate partner violence and sexual 

5 assault coalitions; and 

6 (4) such other health care or other service pro7 viders that serve intimate partner violence or sexual 

8 assault victims as determined by the Secretary, par9 ticularly those providing emergency services or hous10 ing assistance. 

11 (d) AUTHORIZED ACTIVITIES.—In carrying out the 

12 pilot program under subsection (a), the Secretary may con13 duct the following activities: 

14 (1) Training for community-based intimate 

15 partner violence or sexual assault service providers 

16 on— 

17 (A) identifying former members of the 

18 Armed Forces who have been victims of, or are 

19 currently experiencing, intimate partner violence 

20 or sexual assault; 

21 (B) coordinating with local service pro22 viders of the Department; and 

23 (C) connecting former members of the 

24 Armed Forces with appropriate housing, mental 
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1 health, medical, and other financial assistance or 

2 benefits from the Department. 

3 (2) Assistance to service providers to ensure ac4 cess of veterans to intimate partner violence and sex5 ual assault emergency services, particularly in under6 served areas, including services for Native American 

7 veterans (as defined in section 3765 of title 38, 

8 United States Code). 

9 (3) Such other outreach and assistance as the 

10 Secretary determines necessary for the provision of 

11 assistance under subsection (a). 

12 (e) INTIMATE PARTNER VIOLENCE AND SEXUAL AS13 SAULT OUTREACH COORDINATORS.— 

14 (1) IN GENERAL.—In order to effectively assist 

15 veterans who have experienced intimate partner vio16 lence or sexual assault, the Secretary may establish 

17 local coordinators to provide outreach under the pilot 

18 program required by subsection (a). 

19 (2) LOCAL COORDINATOR KNOWLEDGE.—The 

20 Secretary shall ensure that each coordinator estab21 lished under paragraph (1) is knowledgeable about— 

22 (A) the dynamics of intimate partner vio23 lence and sexual assault, including safety con24 cerns, legal protections, and the need for the pro25 vision of confidential services; 
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1 (B) the eligibility of veterans for services 

2 and benefits from the Department that are rel3 evant to recovery from intimate partner violence 

4 and sexual assault, particularly emergency hous5 ing assistance, mental health care, other health 

6 care, and disability benefits; and 

7 (C) local community resources addressing 

8 intimate partner violence and sexual assault. 

9 (3) LOCAL COORDINATOR ASSISTANCE.—Each co10 ordinator established under paragraph (1) shall assist 

11 intimate partner violence shelters and rape crisis cen12 ters in providing services to veterans. 

13 (f) REPORT.— 

14 (1) IN GENERAL.—Not later than 180 days after 

15 the completion of the pilot program under subsection 

16 (a), the Secretary shall submit to Congress a report 

17 on the pilot program. 

18 (2) CONTENTS.—The report required by para19 graph (1) shall include the following: 

20 (A) The findings and conclusions of the Sec21 retary with respect to the pilot program. 

22 (B) Such recommendations for continuing 

23 or expanding the pilot program as the Secretary 

24 considers appropriate. 

25 (g) DEFINITIONS.—In this section: 
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1 (1) INTIMATE PARTNER.— 

2 (A) IN GENERAL.—The term ‘‘intimate 

3 partner’’ means a person with whom one has a 

4 close personal relationship that may be charac5 terized by the partners’ emotional connectedness, 

6 regular contact, ongoing physical contact and 

7 sexual behavior, identity as a couple, and famili8 arity and knowledge about each other’s lives. 

9 (B) CLOSE PERSONAL RELATIONSHIPS.—In 

10 this paragraph, the term ‘‘close personal rela11 tionships’’ includes the following: 

12 (i) A relationship between married 

13 spouses. 

14 (ii) A relationship between common15 law spouses. 

16 (iii) A relationship between civil union 

17 spouses. 

18 (iv) A relationship between domestic 

19 partners. 

20 (v) A relationship between dating part21 ners. 

22 (vi) A relationship between ongoing 

23 sexual partners. 

24 (2) INTIMATE PARTNER VIOLENCE.—The term 

25 ‘‘intimate partner violence’’ includes physical vio-
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1 lence, sexual violence, stalking, and psychological ag2 gression, including coercive tactics by a current or 

3 former intimate partner. 

4 SEC. 5305. STUDY AND TASK FORCE ON VETERANS EXPERI5 ENCING INTIMATE PARTNER VIOLENCE OR 

6 SEXUAL ASSAULT. 

7 (a) NATIONAL BASELINE STUDY.— 

8 (1) IN GENERAL.—Not later than one year after 

9 the date of the enactment of this Act, the Secretary of 

10 Veterans Affairs, in consultation with the Attorney 

11 General, shall conduct a national baseline study to 

12 examine the scope of the problem of intimate partner 

13 violence and sexual assault among veterans and 

14 spouses and intimate partners of veterans. 

15 (2) MATTERS INCLUDED.—The study under 

16 paragraph (1) shall— 

17 (A) include a literature review of all rel18 evant research on intimate partner violence and 

19 sexual assault among veterans and spouses and 

20 intimate partners of veterans; 

21 (B) examine the prevalence of the experience 

22 of intimate partner violence among— 

23 (i) women veterans; 

24 (ii) veterans who are minority group 

25 members (as defined in section 544 of title 
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1 38, United States Code, and including other 

2 minority populations as the Secretary de3 termines appropriate); 

4 (iii) urban and rural veterans; 

5 (iv) veterans who are enrolled in a 

6 program under section 1720G of title 38, 

7 United States Code; 

8 (v) veterans who are in intimate rela9 tionships with other veterans; and 

10 (vi) veterans who are described in more 

11 than one clause of this subparagraph; 

12 (C) examine the prevalence of the perpetra13 tion of intimate partner violence by veterans; 

14 and 

15 (D) include recommendations to address the 

16 findings of the study. 

17 (3) REPORT.—Not later than 30 days after the 

18 date on which the Secretary completes the study 

19 under paragraph (1), the Secretary shall submit to 

20 the Committee on Veterans’ Affairs of the Senate and 

21 the Committee on Veterans’ Affairs of the House of 

22 Representatives a report on such study. 

23 (b) TASK FORCE.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date on which the Secretary completes the study 
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1 under subsection (a), the Secretary, in consultation 

2 with the Attorney General and the Secretary of 

3 Health and Human Services, shall establish a na4 tional task force (in this section referred to as the 

5 ‘‘Task Force’’) to develop a comprehensive national 

6 program, including by integrating facilities, services, 

7 and benefits of the Department of Veterans Affairs 

8 into existing networks of community-based intimate 

9 partner violence and sexual assault services, to ad10 dress intimate partner violence and sexual assault 

11 among veterans. 

12 (2) LEADERSHIP.—The Secretary of Veterans Af13 fairs shall lead the Task Force in collaboration with 

14 the Attorney General and the Secretary of Health and 

15 Human Services. 

16 (c) CONSULTATION WITH STAKEHOLDERS.—In car17 rying out this section, the Task Force shall consult with— 

18 (1) representatives from veteran service organiza19 tions and military service organizations; 

20 (2) representatives from not fewer than three na21 tional organizations or State coalitions with dem22 onstrated expertise in intimate partner violence pre23 vention, response, or advocacy; and 

24 (3) representatives from not fewer than three na25 tional organizations or State coalitions, particularly 
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1 those representing underserved and ethnic minority 

2 communities, with demonstrated expertise in sexual 

3 assault prevention, response, or advocacy. 

4 (d) DUTIES.—The duties of the Task Force shall in5 clude the following: 

6 (1) To review existing services and policies of the 

7 Department and develop a comprehensive national 

8 program to be carried out by the Secretary of Vet9 erans Affairs, in collaboration with the heads of rel10 evant Federal agencies, to address intimate partner 

11 violence and sexual assault prevention, response, and 

12 treatment. 

13 (2) To review the feasibility and advisability of 

14 establishing an expedited process to secure emergency, 

15 temporary benefits, including housing or other bene16 fits, for veterans who are experiencing intimate part17 ner violence or sexual assault. 

18 (3) To review and make recommendations re19 garding the feasibility and advisability of establishing 

20 dedicated, temporary housing assistance for veterans 

21 experiencing intimate partner violence or sexual as22 sault. 

23 (4) To identify any requirements regarding inti24 mate partner violence assistance or sexual assault re25 sponse and services that are not being met by the De-
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1 partment and make recommendations on how the De2 partment can meet such requirements. 

3 (5) To review and make recommendations re4 garding the feasibility and advisability of providing 

5 direct services or contracting for community-based 

6 services for veterans in response to a sexual assault, 

7 including through the use of sexual assault nurse ex8 aminers, particularly in underserved or remote areas, 

9 including services for Native American veterans. 

10 (6) To review the availability of counseling serv11 ices provided by the Department and through peer 

12 network support, and to provide recommendations for 

13 the enhancement of such services, to address— 

14 (A) the perpetration of intimate partner vi15 olence and sexual assault; and 

16 (B) the recovery of veterans, particularly 

17 women veterans, from intimate partner violence 

18 and sexual assault. 

19 (7) To review and make recommendations to ex20 pand services available for veterans at risk of perpe21 trating intimate partner violence. 

22 (e) REPORT.—Not later than one year after the date 

23 of the enactment of this Act, and not less frequently than 

24 annually thereafter by October 1 of each year, the Task 

25 Force shall submit to the Secretary of Veterans Affairs and 
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1 Congress a report on the activities of the Task Force, includ2 ing any recommendations for legislative or administrative 

3 action. 

4 (f) NONAPPLICABILITY OF FACA.—The Task Force 

5 shall not be subject to the requirements of the Federal Advi6 sory Committee Act (5 U.S.C. App.). 

7 (g) DEFINITIONS.—In this section: 

8 (1) NATIVE AMERICAN VETERAN.—The term 

9 ‘‘Native American veteran’’ has the meaning given 

10 that term in section 3765 of title 38, United States 

11 Code. 

12 (2) STATE.—The term ‘‘State’’ has the meaning 

13 given that term in section 101 of title 38, United 

14 States Code. 

15 Subtitle D—Data Collection and 

16 Reporting 

17 SEC. 5401. REQUIREMENT FOR COLLECTION AND ANALYSIS 

18 OF DATA ON DEPARTMENT OF VETERANS AF19 FAIRS BENEFITS AND SERVICES AND 

20 DISAGGREGATION OF SUCH DATA BY GEN21 DER, RACE, AND ETHNICITY. 

22 The Secretary of Veterans Affairs shall— 

23 (1) collect and analyze data on each program of 

24 the Department of Veterans Affairs that provides a 

25 service or benefit to a veteran, including the program 
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1 carried out under section 1144 of title 10, United 

2 States Code; 

3 (2) disaggregate such data by gender, race, and 

4 ethnicity, when the data lends itself to such 

5 disaggregation; and 

6 (3) publish the data collected and analyzed 

7 under paragraph (1), except for such cases in which 

8 the Secretary determines that some portions of the 

9 data would undermine the anonymity of a veteran. 

10 SEC. 5402. STUDY ON BARRIERS FOR WOMEN VETERANS TO 

11 RECEIPT OF HEALTH CARE FROM DEPART12 MENT OF VETERANS AFFAIRS. 

13 (a) STUDY REQUIRED.—The Secretary of Veterans Af14 fairs shall conduct a comprehensive study of the barriers 

15 to the provision of health care by the Department of Vet16 erans Affairs encountered by women who are veterans. 

17 (b) SURVEY.—In conducting the study required by 

18 subsection (a), the Secretary shall— 

19 (1) survey women veterans who seek or receive 

20 hospital care or medical services provided by the De21 partment as well as women veterans who do not seek 

22 or receive such care or services; 

23 (2) administer the survey to a representative 

24 sample of women veterans from each Veterans Inte25 grated Service Network; and 
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1 (3) ensure that the sample of women veterans 

2 surveyed is of sufficient size for the study results to 

3 be statistically significant and is a larger sample 

4 than that of the study specified in subsection (c)(1). 

5 (c) USE OF PREVIOUS STUDIES.—In conducting the 

6 study required by subsection (a), the Secretary shall build 

7 on the work of the studies of the Department titled— 

8 (1) ‘‘National Survey of Women Veterans in Fis9 cal Year 2007–2008’’; and 

10 (2) ‘‘Study of Barriers for Women Veterans to 

11 VA Health Care 2015’’. 

12 (d) ELEMENTS OF STUDY.—In conducting the study 

13 required by subsection (a), the Secretary shall conduct re14 search on the effects of the following on the women veterans 

15 surveyed in the study: 

16 (1) The barriers associated with seeking mental 

17 health care services, including with respect to pro18 vider availability, telehealth access, and family, work, 

19 and school obligations. 

20 (2) The effect of driving distance or availability 

21 of other forms of transportation to the nearest medical 

22 facility on access to care. 

23 (3) The effect of access to care from non-Depart24 ment providers. 

25 (4) The availability of child care. 
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1 (5) The satisfaction of such veterans with the 

2 provision by the Department of integrated primary 

3 care, women’s health clinics, or both, including per4 ceptions of quality of care, safety, and comfort. 

5 (6) The understanding and perceived accessi6 bility among such veterans of eligibility requirements 

7 for, and the scope of services available under, hospital 

8 care and medical services. 

9 (7) The perception of such veterans of personal 

10 safety and comfort in inpatient, outpatient, and be11 havioral health facilities. 

12 (8) The gender sensitivity of health care pro13 viders and staff to issues that particularly affect 

14 women. 

15 (9) The effectiveness of outreach for health care 

16 services available to women veterans. 

17 (10) The location and operating hours of health 

18 care facilities that provide services to women veterans. 

19 (11) The perception of such veterans of the motto 

20 of the Department. 

21 (12) Such other significant barriers as the Sec22 retary considers appropriate. 

23 (e) DISCHARGE BY CONTRACT.—The Secretary shall 

24 enter into a contract with a qualified independent entity 
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1 or organization to carry out the study and research re2 quired under this section. 

3 (f) MANDATORY REVIEW OF DATA BY CERTAIN DE4 PARTMENT DIVISIONS.— 

5 (1) REVIEW.— 

6 (A) IN GENERAL.—The Secretary shall en7 sure that the head of each division of the Depart8 ment of Veterans Affairs specified in paragraph 

9 (2) reviews the results of the study conducted 

10 under this section. 

11 (B) SUBMITTAL OF FINDINGS.—The head of 

12 each division specified in paragraph (2) shall 

13 submit findings with respect to the study under 

14 this section to the Under Secretary of the De15 partment with responsibilities relating to health 

16 care services for women veterans. 

17 (2) SPECIFIED DIVISIONS.—The divisions of the 

18 Department of Veterans Affairs specified in this para19 graph are the following: 

20 (A) The Office of the Under Secretary for 

21 Health. 

22 (B) The Office of Women’s Health estab23 lished under section 7310 of title 38, United 

24 States Code. 
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1 (C) The Center for Women Veterans under 

2 section 318 of such title. 

3 (D) The Advisory Committee on Women 

4 Veterans established under section 542 of such 

5 title. 

6 (g) REPORT.— 

7 (1) IN GENERAL.—Not later than 30 months 

8 after the date of the enactment of this Act, the Sec9 retary shall submit to Congress a report on the study 

10 required under this section. 

11 (2) ELEMENTS.—The report under paragraph 

12 (1) shall include— 

13 (A) the findings of the head of each division 

14 of the Department specified under subsection 

15 (f)(2); and 

16 (B) recommendations for such administra17 tive and legislative action as the Secretary con18 siders appropriate. 

19 SEC. 5403. STUDY ON FEASIBILITY AND ADVISABILITY OF 

20 OFFERING PARENTING STAIR PROGRAM AT 

21 ALL MEDICAL CENTERS OF DEPARTMENT OF 

22 VETERANS AFFAIRS. 

23 (a) IN GENERAL.—The Secretary of Veterans Affairs 

24 shall conduct a study on the feasibility and advisability of 

25 expanding the Parenting STAIR program to all medical 
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1 centers of the Department of Veterans Affairs and including 

2 such program as part of care for military sexual trauma 

3 for affected members and former members of the Armed 

4 Forces. 

5 (b) ELEMENTS.—In conducting the study under sub6 section (a), the Secretary shall assess— 

7 (1) staffing needed to offer the Parenting STAIR 

8 program at all medical centers of the Department; 

9 (2) any additional infrastructure or resources 

10 (such as child care during the program) needed for 

11 the expansion of the program; and 

12 (3) such other factors relevant to the expansion 

13 of the program as the Secretary considers appro14 priate. 

15 (c) REPORTS TO CONGRESS.— 

16 (1) INTERIM REPORT.—Not later than one year 

17 after the date of the enactment of this Act, the Sec18 retary shall submit to the Committee on Veterans’ Af19 fairs of the Senate and the Committee on Veterans’ 

20 Affairs of the House of Representatives a report de21 tailing— 

22 (A) the current number and locations of all 

23 facilities of the Department offering the Par24 enting STAIR program; and 
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1 (B) the number of veterans served by such 

2 program in the most recent fiscal year or cal3 endar year for which data is available. 

4 (2) FINAL REPORT.—Not later than three years 

5 after the date of the enactment of this Act, the Sec6 retary shall submit to the Committee on Veterans’ Af7 fairs of the Senate and the Committee on Veterans’ 

8 Affairs of the House of Representatives a report de9 tailing— 

10 (A) the results of the study conducted under 

11 subsection (a); 

12 (B) an update on how many veterans have 

13 used the Parenting STAIR program since its de14 velopment in fiscal year 2017, disaggregated by 

15 year, including the locations in which veterans 

16 have used such program; and 

17 (C) a determination on the feasibility and 

18 advisability of expanding the Parenting STAIR 

19 program to all medical facilities of the Depart20 ment offering care for military sexual trauma. 

21 (d) DEFINITIONS.—In this section: 

22 (1) AFFECTED MEMBERS AND FORMER MEMBERS

23 OF THE ARMED FORCES.—The term ‘‘affected mem24 bers and former members of the Armed Forces’’ means 

25 members and former members of the Armed Forces 
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1 who are parents and have experienced military sexual 

2 trauma. 

3 (2) MILITARY SEXUAL TRAUMA.—The term 

4 ‘‘military sexual trauma’’ has the meaning given such 

5 term in section 1164(c) of title 38, United States 

6 Code, as added by section 5501(a) of this title. 

7 (3) PARENTING STAIR PROGRAM.—The term 

8 ‘‘Parenting STAIR program’’ means the program of 

9 the Department of Veterans Affairs that consists of a 

10 five-session, parenting-specific treatment protocol 

11 based on skills training in affective and interpersonal 

12 regulation (commonly referred to as ‘‘STAIR’’), which 

13 is a cognitive behavioral therapy that has been identi14 fied as a promising practice for treating post-trau15 matic stress disorder, including chronic and com16 plicated forms, among individuals with co-occurring 

17 disorders. 

18 Subtitle E—Benefits Matters 

19 SEC. 5501. EVALUATION OF SERVICE-CONNECTION OF MEN20 TAL HEALTH CONDITIONS RELATING TO MILI21 TARY SEXUAL TRAUMA. 

22 (a) SPECIALIZED TEAMS TO EVALUATE CLAIMS IN23 VOLVING MILITARY SEXUAL TRAUMA.— 
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1 (1) IN GENERAL.—subchapter VI of chapter 11 of 

2 such title is amended by adding at the end the fol3 lowing new section: 

4 ‘‘§ 1164. Specialized teams to evaluate claims involv5 ing military sexual trauma 

6 ‘‘(a) IN GENERAL.—The Secretary shall establish spe7 cialized teams to process claims for compensation for a cov8 ered mental health condition based on military sexual trau9 ma experienced by a veteran during active military, naval, 

10 or air service. 

11 ‘‘(b) TRAINING.—The Secretary shall ensure that mem12 bers of teams established under subsection (a) are trained 

13 to identify markers indicating military sexual trauma. 

14 ‘‘(c) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘covered mental health condition’ 

16 means post-traumatic stress disorder, anxiety, depres17 sion, or other mental health diagnosis described in the 

18 current version of the Diagnostic and Statistical 

19 Manual of Mental Disorders published by the Amer20 ican Psychiatric Association that the Secretary deter21 mines to be related to military sexual trauma. 

22 ‘‘(2) The term ‘military sexual trauma’ means, 

23 with respect to a veteran, a physical assault of a sex24 ual nature, battery of a sexual nature, or sexual har-
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1 assment during active military, naval, or air serv2 ice.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended by 

5 adding at the end the following new item: 

‘‘1164. Specialized teams to evaluate claims involving military sexual trauma.’’. 

6 (b) ANNUAL REPORTS ON CLAIMS FOR DISABILITIES

7 INCURRED OR AGGRAVATED BY MILITARY SEXUAL TRAU8 MA.— 

9 (1) REPORTS REQUIRED.—Not later than March 

10 1, 2021, and not less frequently than once each year 

11 thereafter through 2027, the Secretary of Veterans Af12 fairs shall submit to Congress a report on covered 

13 claims submitted during the previous fiscal year to 

14 identify and track the consistency of decisions across 

15 regional offices of the Department of Veterans Affairs. 

16 (2) ELEMENTS.—Each report under paragraph 

17 (1) shall include the following: 

18 (A) The number of covered claims submitted 

19 to or considered by the Secretary during the fis20 cal year covered by the report. 

21 (B) Of the covered claims listed under sub22 paragraph (A), the number and percentage of 

23 such claims— 

24 (i) submitted by each sex; 
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1 (ii) that were approved, including the 

2 number and percentage of such approved 

3 claims submitted by each sex; 

4 (iii) that were denied, including the 

5 number and percentage of such denied 

6 claims submitted by each sex; and 

7 (iv) that were developed and reviewed 

8 by a specialized team established under sec9 tion 1164(a) of title 38, United States Code, 

10 as added by subsection (a). 

11 (C) Of the covered claims listed under sub12 paragraph (A) that were approved, the number 

13 and percentage, disaggregated by sex, of claims 

14 assigned to each rating percentage. 

15 (D) Of the covered claims listed under sub16 paragraph (A) that were denied— 

17 (i) the three most common reasons 

18 given by the Secretary under section 

19 5104(b)(1) of title 38, United States Code, 

20 for such denials; and 

21 (ii) the number of denials that were 

22 based on the failure of a veteran to report 

23 for a medical examination. 

24 (E) The number of covered claims that, as 

25 of the end of the fiscal year covered by the report, 
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1 are pending and, separately, the number of such 

2 claims on appeal. 

3 (F) For the fiscal year covered by the re4 port, the average number of days that covered 

5 claims take to complete, beginning on the date on 

6 which the claim is submitted. 

7 (G) A description of the training that the 

8 Secretary provides to employees of the Veterans 

9 Benefits Administration, or such contractors or 

10 other individuals as the Secretary considers ap11 propriate, specifically with respect to covered 

12 claims, including the frequency, length, and con13 tent of such training. 

14 (H) Whether all covered claims are subject 

15 to second level review until the individual rater 

16 of the Veterans Benefits Administration adjudi17 cating such covered claims achieves an accuracy 

18 rate of 90 percent on decisions of such covered 

19 claims. 

20 (3) DEFINITIONS.—In this subsection: 

21 (A) COVERED CLAIMS.—The term ‘‘covered 

22 claims’’ means claims for disability compensa23 tion submitted to the Secretary based on a cov24 ered mental health condition alleged to have been 
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1 incurred or aggravated by military sexual trau2 ma. 

3 (B) COVERED MENTAL HEALTH CONDI4 TION.—The term ‘‘covered mental health condi5 tion’’ has the meaning given such term in section 

6 1164(c) of title 38, United States Code. 

7 (C) MILITARY SEXUAL TRAUMA.—The term 

8 ‘‘military sexual trauma’’ has the meaning given 

9 such term in such section. 

10 SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS 

11 AFFAIRS MEDICAL EXAMINER FOR ASSESS12 MENT OF CLAIMS FOR COMPENSATION RE13 LATING TO DISABILITY RESULTING FROM 

14 PHYSICAL ASSAULT OF A SEXUAL NATURE, 

15 BATTERY OF A SEXUAL NATURE, OR SEXUAL 

16 HARASSMENT. 

17 (a) IN GENERAL.—Subchapter VI of chapter 11 of title 

18 38, United States Code, as amended by section 5501 of this 

19 title, is further amended by inserting after section 1164, 

20 as added by section 5501, the following new section: 

21 ‘‘§ 1165. Choice of sex of medical examiner for certain 

22 disabilities 

23 ‘‘(a) IN GENERAL.—The Secretary shall ensure that a 

24 veteran who requires a medical examination from a covered 

25 medical provider in support of a claim for compensation 
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1 under this chapter for a mental or physical health condition 

2 that resulted from a physical assault of a sexual nature, 

3 battery of a sexual nature, or sexual harassment may des4 ignate the sex of the medical provider who provides such 

5 medical examination. 

6 ‘‘(b) COVERED MEDICAL PROVIDERS.—For purposes of 

7 this section, a covered medical provider is any medical pro8 vider who is employed by the Department or is under any 

9 contract with the Department to provide a medical exam10 ination or a medical opinion when such an examination 

11 or opinion is necessary to make a decision on a claim. 

12 ‘‘(c) NOTICE.—Before providing any medical exam13 ination for a veteran in support for a claim described in 

14 subsection (a), the Secretary shall notify the veteran of the 

15 veteran’s rights under subsection (a).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of chapter 11 of such title, as amended by 

18 section 5501 of this title, is further amended by inserting 

19 after the item relating to section 1164 the following new 

20 item: 

‘‘1165. Choice of sex of medical examiner for certain disabilities.’’. 
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1 SEC. 5503. SECRETARY OF VETERANS AFFAIRS REPORT ON 

2 IMPLEMENTING RECOMMENDATIONS OF IN3 SPECTOR GENERAL OF DEPARTMENT OF VET4 ERANS AFFAIRS IN CERTAIN REPORT ON DE5 NIED POSTTRAUMATIC STRESS DISORDER 

6 CLAIMS RELATED TO MILITARY SEXUAL 

7 TRAUMA. 

8 Not later than 90 days after the date of the enactment 

9 of this Act, the Secretary of Veterans Affairs shall submit 

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

11 the Committee on Veterans’ Affairs of the House a report 

12 on the progress of the Secretary in implementing the rec13 ommendations from the report of the Inspector General of 

14 the Department of Veterans Affairs entitled ‘‘Denied 

15 Posttraumatic Stress Disorder Claims Related to Military 

16 Sexual Trauma’’ (17–05248–241). 

17 TITLE VI—REPRESENTATION 

18 AND FINANCIAL EXPLOI19 TATION MATTERS 

20 SEC. 6001. SHORT TITLE. 

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

22 Every Elderly Veteran Act of 2020’’ or the ‘‘FREE Veteran 

23 Act of 2020’’. 
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1 SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EXPLOI2 TATION OF VETERANS RECEIVING PENSION 

3 FROM THE DEPARTMENT OF VETERANS AF4 FAIRS. 

5 (a) DEVELOPMENT OF METHOD FOR SOLICITATION

6 AND COLLECTION OF INFORMATION.—Not later than one 

7 year after the date of the enactment of this Act, the Sec8 retary of Veterans Affairs shall develop a method for system9 atically soliciting and collecting information on complaints 

10 received, referrals made, and actions taken by the pension 

11 management centers of the Department of Veterans Affairs 

12 and any other relevant components of the Department, in 

13 cases of potential financial exploitation of individuals re14 ceiving pension under chapter 15 of title 38, United States 

15 Code. 

16 (b) PLAN TO ASSESS AND ADDRESS FINANCIAL EX17 PLOITATION OF VETERANS.— 

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

19 and periodically update a plan— 

20 (A) to regularly assess the information so21 licited and collected under subsection (a) to iden22 tify trends of potential financial exploitation of 

23 the individuals described in subsection (a) across 

24 the Department; and 
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1 (B) to outline actions that the Department 

2 can take to improve education and training to 

3 address those trends. 

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

5 year after the date of the enactment of this Act and 

6 not less frequently than once every two years there7 after until the date that is six years after the date of 

8 the enactment of this Act, the Secretary shall submit 

9 the plan most recently developed or updated under 

10 paragraph (1) to— 

11 (A) the Comptroller General of the United 

12 States; and 

13 (B) the Committee on Veterans’ Affairs and 

14 the Special Committee on Aging of the Senate 

15 and the Committee on Veterans’ Affairs of the 

16 House of Representatives. 

17 SEC. 6003. OVERPAYMENTS OF PENSION TO VETERANS RE18 CEIVING PENSION FROM THE DEPARTMENT 

19 OF VETERANS AFFAIRS. 

20 (a) GUIDANCE AND TRAINING FOR CLAIMS PROC21 ESSORS.—As the Secretary of Veterans Affairs considers 

22 necessary, but not less frequently than once every three 

23 years until the date that is 10 years after the date of the 

24 enactment of this Act, the Under Secretary for Benefits of 

25 the Department of Veterans Affairs shall update guidance 
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1 and training curriculum for the processors of claims for 

2 pension under chapter 15 of title 38, United States Code, 

3 regarding the evaluation of questionable medical expenses 

4 on applications for pension, including by updating such 

5 guidance with respect to what constitutes a questionable 

6 medical expense and by including examples of such ex7 penses. 

8 (b) IDENTIFICATION AND TRACKING.—The Under Sec9 retary shall develop a method for identifying and tracking 

10 the number of individuals who have received overpayments 

11 of pension under chapter 15 of title 38, United States Code. 

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

13 the date of the enactment of this Act and not later than 

14 October 31 of each fiscal year beginning thereafter until the 

15 date that is four years after the date of the enactment of 

16 this Act, the Under Secretary shall submit to Congress a 

17 report that includes, for the period covered by the report, 

18 the following: 

19 (1) The number of individuals who received over20 payments of pension under chapter 15 of title 38, 

21 United States Code. 

22 (2) The five most common reasons for overpay23 ments described in paragraph (1). 

24 (3) The number of veterans who had to repay 

25 overpayments described in paragraph (1). 
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1 (4) The number of veterans for whom the Sec2 retary waived a requirement to repay an overpay3 ment described in paragraph (1). 

4 (5) The total dollar amount of overpayments de5 scribed in paragraph (1). 

6 (6) The total dollar amount of repayments of vet7 erans for overpayments described in paragraph (1). 

8 (7) The average dollar amount of repayments de9 scribed in paragraph (6). 

10 SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS FOR 

11 VERIFYING DIRECT DEPOSIT INFORMATION 

12 PROVIDED BY VETERANS ON APPLICATIONS 

13 FOR VETERANS PENSION. 

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

15 of the Department of Veterans Affairs shall— 

16 (1) conduct an evaluation of the feasibility and 

17 advisability of requiring the processors of claims for 

18 pension under chapter 15 of title 38, United States 

19 Code, to take additional actions to verify that the di20 rect deposit information provided by an individual 

21 on an application for pension is for the appropriate 

22 recipient; and 

23 (2) identify such legislative or administrative ac24 tions as the Under Secretary considers appropriate to 
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1 ensure that payments of pension are provided to the 

2 correct recipients. 

3 (b) SUBMISSION TO CONGRESS.— 

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

5 the date of the enactment of this Act, the Under Sec6 retary shall submit to Congress a report on the eval7 uation and identification under subsection (a). 

8 (2) CONTENTS.—The report required by para9 graph (1) shall include the following: 

10 (A) The findings of the Under Secretary 

11 with respect to the evaluation conducted under 

12 subsection (a)(1). 

13 (B) The actions identified under subsection 

14 (a)(2). 

15 (C) A plan for implementing any adminis16 trative actions identified under subsection (a)(2). 

17 (D) A rationale for not implementing any 

18 actions evaluated under paragraph (1) of sub19 section (a) but not identified under paragraph 

20 (2) of such subsection. 
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1 SEC. 6005. ANNUAL REPORT ON EFFORTS OF DEPARTMENT 

2 OF VETERANS AFFAIRS TO ADDRESS THE FI3 NANCIAL EXPLOITATION OF VETERANS RE4 CEIVING PENSION. 

5 (a) IN GENERAL.—Not later than one year after the 

6 date of the enactment of this Act and not less frequently 

7 than once each year thereafter until the date that is four 

8 years after the date of the enactment of this Act, the Sec9 retary of Veterans Affairs shall submit to the Committee 

10 on Veterans’ Affairs of the Senate and the Committee on 

11 Veterans’ Affairs of the House of Representatives a report 

12 on efforts to address the financial exploitation of individ13 uals receiving pension under chapter 15 of title 38, United 

14 States Code. 

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

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

17 following: 

18 (1) The number of individuals who received pen19 sion under chapter 15 of title 38, United States Code, 

20 who have been referred by any component of the De21 partment of Veterans Affairs to the Office of Inspector 

22 General of the Department as likely or proven victims 

23 of financial exploitation. 

24 (2) The number of referrals and reports relating 

25 to the financial exploitation of such individuals made 

26 by the Department of Veterans Affairs to— 
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1 (A) the Consumer Sentinel Network of the 

2 Federal Trade Commission; and 

3 (B) the Department of Justice. 

4 (3) A description of the actions taken as a result 

5 of such referrals and reports against— 

6 (A) individuals recognized by the Secretary 

7 as agents or attorneys under section 5904 of title 

8 38, United States Code; and 

9 (B) individuals not so recognized. 

10 SEC. 6006. NOTICE REGARDING FEES CHARGED IN CONNEC11 TION WITH FILING AN APPLICATION FOR VET12 ERANS PENSION. 

13 The Under Secretary for Benefits of the Department 

14 of Veterans Affairs shall ensure that every paper or elec15 tronic document relating to the receipt of pension under 

16 chapter 15 of title 38, United States Code, that is available 

17 to individuals who apply for such pension, including edu18 cational forms about or applications for such pension, in19 cludes a notice that the Department does not charge any 

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

21 pension. 
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1 SEC. 6007. OUTREACH PLAN FOR EDUCATING VULNERABLE 

2 VETERANS ABOUT POTENTIAL FINANCIAL EX3 PLOITATION RELATING TO THE RECEIPT OF 

4 PENSION. 

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

6 for Benefits of the Department of Veterans Affairs shall de7 velop, in collaboration with veterans service organizations, 

8 an outreach plan for educating vulnerable individuals 

9 about potential financial exploitation relating to the receipt 

10 of pension under chapter 15 of title 38, United States Code. 

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

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

13 Secretary shall submit to the Committee on Veterans’ Af14 fairs and the Special Committee on Aging of the Senate 

15 and the Committee on Veterans’ Affairs of the House of Rep16 resentatives the plan developed under subsection (a). 

17 (c) VETERANS SERVICE ORGANIZATION DEFINED.—In 

18 this section, the term ‘‘veterans service organization’’ means 

19 an organization recognized by the Secretary of Veterans Af20 fairs for the representation of veterans under section 5902 

21 of title 38, United States Code. 
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1 TITLE VII—OTHER MATTERS 

2 Subtitle A—Administrative and 

3 Other Matters 

4 SEC. 7001. MEDICAL EXAMINATION PROTOCOL FOR VOLUN5 TEER DRIVERS PARTICIPATING IN PROGRAM 

6 OF TRANSPORTATION SERVICES FOR VET7 ERANS. 

8 Section 111A(b) of title 38, United States Code, is 

9 amended— 

10 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

11 and 

12 (2) by adding at the end the following new para13 graph: 

14 ‘‘(2)(A) Not later than 90 days after the date of the 

15 enactment of the Johnny Isakson and David P. Roe, M.D. 

16 Veterans Health Care and Benefits Improvement Act of 

17 2020, the Secretary shall develop and establish a national 

18 protocol for the administration of medical examinations for 

19 volunteer drivers to participate in the program described 

20 in paragraph (1). 

21 ‘‘(B) In developing the protocol required by subpara22 graph (A), the Secretary shall consult with such persons as 

23 the Secretary determines have an interest in the program 

24 described in paragraph (1). 
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1 ‘‘(C)(i) The Secretary shall implement the protocol by 

2 first conducting a one-year pilot program using the pro3 tocol. 

4 ‘‘(ii) After conducting the pilot program required by 

5 clause (i), the Secretary shall assess the pilot program and 

6 make such changes to the protocol as the Secretary considers 

7 appropriate. 

8 ‘‘(iii) After making changes to the protocol under 

9 clause (ii), the Secretary shall implement the protocol in 

10 phases during the course of one year.’’. 

11 SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS ADVISORY 

12 COMMITTEE ON TRIBAL AND INDIAN AF13 FAIRS. 

14 (a) ESTABLISHMENT OF ADVISORY COMMITTEE.— 

15 (1) IN GENERAL.—Subchapter III of chapter 5 of 

16 title 38, United States Code, is amended by adding 

17 at the end the following new section: 

18 ‘‘§ 547. Advisory Committee on Tribal and Indian Af19 fairs 

20 ‘‘(a) ESTABLISHMENT.—(1) The Secretary shall estab21 lish an advisory committee to provide advice and guidance 

22 to the Secretary on matters relating to Indian tribes, tribal 

23 organizations, and Native American veterans. 

24 ‘‘(2) The advisory committee established under para25 graph (1) shall be known as the ‘Advisory Committee on 
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1 Tribal and Indian Affairs’ (in this section referred to as 

2 the ‘Committee’). 

3 ‘‘(3) The Committee shall facilitate, but not supplant, 

4 government-to-government consultation between the Depart5 ment and Indian tribes or tribal organizations. 

6 ‘‘(4) The Secretary shall consult with Indian tribes or 

7 tribal organizations in developing a charter for the Com8 mittee. 

9 ‘‘(b) MEMBERSHIP.—(1) The Committee shall be com10 prised of 15 voting members selected by the Secretary from 

11 among individuals nominated as specified under this sub12 section. 

13 ‘‘(2) In selecting members under paragraph (1), the 

14 Secretary shall ensure that— 

15 ‘‘(A) at least one member of each of the 12 serv16 ice areas of the Indian Health Service is represented 

17 in the membership of the Committee nominated by 

18 Indian tribes or tribal organizations; 

19 ‘‘(B) at least one member of the Committee rep20 resents the Native Hawaiian veteran community 

21 nominated by a Native Hawaiian Organization; 

22 ‘‘(C) at least one member of the Committee rep23 resents urban Indian organizations nominated by a 

24 national urban Indian organization; and 
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1 ‘‘(D) not fewer than half of the members are vet2 erans, unless the Secretary determines that an insuffi3 cient number of qualified veterans were nominated 

4 under paragraph (1). 

5 ‘‘(3) No member of the Committee may be an employee 

6 of the Federal Government. 

7 ‘‘(c) TERMS; VACANCIES.—(1) A member of the Com8 mittee shall be appointed for a term of two years. 

9 ‘‘(2) The Secretary shall fill a vacancy in the Com10 mittee in the same manner as the original appointment 

11 within 180 days. 

12 ‘‘(d) MEETINGS.—(1)(A) Except as provided in sub13 paragraph (B), the Committee shall meet in-person with 

14 the Secretary, or the Secretary’s designee, not less frequently 

15 than twice each year and hold monthly conference calls as 

16 necessary. 

17 ‘‘(B) During a public health emergency (as defined in 

18 section 20003 of the Coronavirus Aid, Relief, and Economic 

19 Security Act (Public Law 116–136)), meetings under sub20 paragraph (A) may be conducted virtually. 

21 ‘‘(2)(A) Representatives of relevant Federal agencies 

22 may attend meetings of the Committee and provide infor23 mation to the Committee. 
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1 ‘‘(B) One representative of the Office of Tribal Govern2 ment Relations of the Department shall attend at each meet3 ing of the Committee. 

4 ‘‘(C) Representatives attending meetings under this 

5 paragraph shall not be considered voting members of the 

6 Committee. 

7 ‘‘(D) A representative attending a meeting or pro8 viding information under this paragraph may not receive 

9 additional compensation for services performed with respect 

10 to the Committee. 

11 ‘‘(e) SUBCOMMITTEES.—(1) The Committee may estab12 lish subcommittees. 

13 ‘‘(2) The Secretary may, in consultation with the Com14 mittee, appoint a member to a subcommittee established 

15 under paragraph (1) who is not a member of the Committee. 

16 ‘‘(3) Such subcommittees may enhance the function of 

17 the Committee, but may not supersede the authority of the 

18 Committee or provide direct advice or work products to the 

19 Department. 

20 ‘‘(f) DUTIES.—The duties of the Committee are as fol21 lows: 

22 ‘‘(1) To advise the Secretary on ways the De23 partment can improve the programs and services of 

24 the Department to better serve Native American vet25 erans. 
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1 ‘‘(2) To identify for the Department evolving 

2 issues of relevance to Indian tribes, tribal organiza3 tions, and Native American veterans relating to pro4 grams and services of the Department. 

5 ‘‘(3) To propose clarifications, recommendations, 

6 and solutions to address issues raised at tribal, re7 gional, and national levels, especially regarding any 

8 tribal consultation reports. 

9 ‘‘(4) To provide a forum for Indian tribes, tribal 

10 organizations, urban Indian organizations, Native 

11 Hawaiian organizations, and the Department to dis12 cuss issues and proposals for changes to Department 

13 regulations, policies, and procedures. 

14 ‘‘(5) To identify priorities and provide advice on 

15 appropriate strategies for tribal consultation and 

16 urban Indian organizations conferring on issues at 

17 the tribal, regional, or national levels. 

18 ‘‘(6) To ensure that pertinent issues are brought 

19 to the attention of Indian tribes, tribal organizations, 

20 urban Indian organizations, and Native Hawaiian 

21 organizations in a timely manner, so that feedback 

22 can be obtained. 

23 ‘‘(7) To encourage the Secretary to work with 

24 other Federal agencies and Congress so that Native 
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1 American veterans are not denied the full benefit of 

2 their status as both Native Americans and veterans. 

3 ‘‘(8) To highlight contributions of Native Amer4 ican veterans in the Armed Forces. 

5 ‘‘(9) To make recommendations on the consulta6 tion policy of the Department on tribal matters. 

7 ‘‘(10) To support a process to develop an urban 

8 Indian organization confer policy to ensure the Sec9 retary confers, to the maximum extent practicable, 

10 with urban Indian organizations. 

11 ‘‘(11) To conduct other duties as recommended 

12 by the Committee. 

13 ‘‘(g) REPORTS.—(1) Not less frequently than once each 

14 year, the Committee shall submit to the Secretary and the 

15 appropriate committees of Congress such recommendations 

16 as the Committee may have for legislative or administrative 

17 action for the upcoming year. 

18 ‘‘(2) Not later than 90 days after the date on which 

19 the Secretary receives a recommendation under paragraph 

20 (1), the Secretary shall submit to the appropriate commit21 tees of Congress a written response to the recommendation. 

22 ‘‘(3) Not less frequently than once every two years, the 

23 Committee shall submit to the Secretary and the appro24 priate committees of Congress a report describing the activi25 ties of the Committee during the previous two years. 
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1 ‘‘(4) The Secretary shall make publicly available on 

2 an Internet website of the Department— 

3 ‘‘(A) each recommendation the Secretary receives 

4 under paragraph (1); 

5 ‘‘(B) each response the Secretary submits under 

6 paragraph (2); and 

7 ‘‘(C) each report the Secretary receives under 

8 paragraph (3). 

9 ‘‘(h) COMMITTEE PERSONNEL MATTERS.—A member 

10 of the Committee shall be allowed travel expenses, including 

11 per diem in lieu of subsistence, at rates authorized for an 

12 employee of an agency under subchapter I of chapter 57 

13 of title 5 while away from the home or regular place of 

14 business of the member in the performance of the duties of 

15 the Committee. 

16 ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT EXEMP17 TION.—Section 14 of the Federal Advisory Committee Act 

18 (5 U.S.C. App.) shall not apply to the Committee. 

19 ‘‘(j) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘appropriate committees of Con21 gress’ means— 

22 ‘‘(A) the Committee on Veterans’ Affairs 

23 and the Committee on Indian Affairs of the Sen24 ate; and 
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1 ‘‘(B) the Committee on Veterans’ Affairs 

2 and the Committee on Natural Resources of the 

3 House of Representatives. 

4 ‘‘(2) The term ‘Indian tribe’ has the meaning 

5 given such term in section 4 of the Indian Self-Deter6 mination and Education Assistance Act (25 U.S.C. 

7 5304). 

8 ‘‘(3) The term ‘Native Hawaiian organization’ 

9 means any organization that— 

10 ‘‘(A) serves the interests of Native Hawai11 ians; 

12 ‘‘(B) has Native Hawaiians in substantive 

13 and policymaking positions within the organiza14 tion; 

15 ‘‘(C) has demonstrated experience working 

16 with Native Hawaiian veterans; and 

17 ‘‘(D) shall include the Office of Hawaiian 

18 Affairs. 

19 ‘‘(4) The term ‘Native American veteran’ has the 

20 meaning given such term in section 3765 of this title. 

21 ‘‘(5) The term ‘Office of Hawaiian Affairs’ 

22 means the Office of Hawaiian Affairs established by 

23 the constitution of the State of Hawaii.’’. 

24 ‘‘(6) The term ‘tribal organization’ has the 

25 meaning given such term in section 3765 of this title. 
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1 ‘‘(7) The term ‘urban Indian organization’ has 

2 the meaning given such term in section 4 of the In3 dian Health Care Improvement Act (25 U.S.C. 

4 1603).’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 5 of such title is 

7 amended by inserting after the item relating to sec8 tion 546 the following new item: 

‘‘547. Advisory Committee on Tribal and Indian Affairs.’’. 

9 (b) DEADLINE FOR ESTABLISHMENT.—The Secretary 

10 of Veterans Affairs shall establish the advisory committee 

11 required by section 547 of title 38, United States Code, as 

12 added by subsection (a)(1), not later than 180 days after 

13 the date of the enactment of this Act. 

14 (c) DEADLINE FOR INITIAL APPOINTMENTS.—Not later 

15 than 90 days after the date on which the Secretary estab16 lishes the advisory committee required by such section, the 

17 Secretary shall appoint members under subsection (b)(1) of 

18 such section. 

19 (d) INITIAL MEETING.—Not later than 90 days after 

20 the date on which the Secretary establishes the advisory 

21 committee required by such section, such advisory com22 mittee shall hold its first meeting. 

23 (e) REPORT ON RELATION TO OFFICE OF TRIBAL AND

24 GOVERNMENT RELATIONS.— 
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1 (1) IN GENERAL.—Not later than two years after 

2 the date of the first meeting held by the advisory com3 mittee required by such section, the Secretary shall 

4 submit to Congress a report on whether and to what 

5 extent the activities of the advisory committee im6 prove the function of the Office of Tribal and Govern7 ment Relations of the Department of Veterans Affairs, 

8 aid the decisions of the Secretary, and whether and 

9 to what extent the activities of the advisory committee 

10 duplicate function of the Department performed before 

11 the enactment of this Act. 

12 (2) REVIEW BY ADVISORY COMMITTEE.—The Sec13 retary shall— 

14 (A) give the advisory committee an oppor15 tunity to review the report required by para16 graph (1) before submitting the report under 

17 such paragraph; and 

18 (B) include in the report submitted under 

19 such paragraph such comments as the advisory 

20 committee considers appropriate regarding the 

21 views of the advisory committee with respect to 

22 the report. 
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1 SEC. 7003. PREFERENCE FOR OFFERORS EMPLOYING VET2 ERANS. 

3 (a) IN GENERAL.—Subchapter II of chapter 81 of title 

4 38, United States Code, is amended by adding after section 

5 8128 the following new section: 

6 ‘‘§ 8129. Preference for offerors employing veterans 

7 ‘‘(a) PREFERENCE.—(1) In awarding a contract for 

8 the procurement of goods or services, the Secretary may give 

9 a preference to offerors that employ veterans on a full-time 

10 basis. 

11 ‘‘(2) The Secretary shall determine such preference 

12 based on the percentage of the full-time employees of the 

13 offeror who are veterans. 

14 ‘‘(b) ENFORCEMENT PENALTIES FOR MISREPRESENTA15 TION.—(1) Any offeror that is determined by the Secretary 

16 to have willfully and intentionally misrepresented the vet17 eran status of the employees of the offeror for purposes of 

18 subsection (a) may be debarred from contracting with the 

19 Department for a period of not less than five years. 

20 ‘‘(2) If the Secretary carries out a debarment under 

21 paragraph (1), the Secretary shall— 

22 ‘‘(A) commence debarment action against the of23 feror by not later than 30 days after determining that 

24 the offeror willfully and intentionally misrepresented 

25 the veteran status of the employees of the offeror as 

26 described in paragraph (1); and 
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1 ‘‘(B) complete debarment actions against such of2 feror by not later than 90 days after such determina3 tion. 

4 ‘‘(3) The debarment of an offeror under paragraph (1) 

5 includes the debarment of all principals in the offeror for 

6 a period of not less than five years.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of chapter 81 of such title is amended by in9 serting after the item relating to section 8128 the following 

10 new item: 

‘‘8129. Preference for offerors employing veterans.’’. 

11 SEC. 7004. EXTENSION OF CERTAIN EMPLOYMENT AND RE12 EMPLOYMENT RIGHTS TO MEMBERS OF THE 

13 NATIONAL GUARD WHO PERFORM STATE AC14 TIVE DUTY. 

15 Section 4303 of title 38, United States Code, is amend16 ed— 

17 (1) in paragraph (13), by inserting ‘‘State active 

18 duty for a period of 14 days or more, State active 

19 duty in response to a national emergency declared by 

20 the President under the National Emergencies Act (50 

21 U.S.C. 1601 et seq.), State active duty in response to 

22 a major disaster declared by the President under sec23 tion 401 of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 5170),’’ after 

25 ‘‘full-time National Guard duty,’’; 
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1 (2) by redesignating paragraph (15) as para2 graph (16); and 

3 (3) by inserting after paragraph (14) the fol4 lowing new paragraph (15): 

5 ‘‘(15) The term ‘State active duty’ means train6 ing or other duty, other than inactive duty, performed 

7 by a member of the National Guard of a State— 

8 ‘‘(A) not under section 502 of title 32 or 

9 under title 10; 

10 ‘‘(B) in service to the Governor of a State; 

11 and 

12 ‘‘(C) for which the member is not entitled to 

13 pay from the Federal Government.’’. 

14 SEC. 7005. REPAYMENT OF MISUSED BENEFITS. 

15 (a) IN GENERAL.—Section 6107(b) of title 38, United 

16 States Code, is amended— 

17 (1) in paragraph (1), by striking ‘‘In any case 

18 in which a fiduciary described in paragraph (2)’’ and 

19 inserting ‘‘In any case not covered by subsection (a) 

20 in which a fiduciary’’; 

21 (2) by striking paragraph (2); and 

22 (3) by redesignating paragraph (3) as para23 graph (2). 

24 (b) APPLICATION.—The amendments made by sub25 section (a) shall apply with respect to any determination 
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1 by the Secretary of Veterans Affairs made on or after the 

2 date of the enactment of this Act regarding the misuse of 

3 benefits by a fiduciary. 

4 SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS. 

5 Section 7364(b)(1) of title 38, United States Code, is 

6 amended by adding at the end the following new sentence: 

7 ‘‘Any amounts so transferred after September 30, 2016, 

8 shall be available without regard to fiscal year limitations, 

9 notwithstanding section 1535(d) of title 31.’’. 

10 SEC. 7007. REPORT AND PLANNED ACTIONS OF THE SEC11 RETARY OF VETERANS AFFAIRS TO ADDRESS 

12 CERTAIN HIGH-RISK AREAS OF THE DEPART13 MENT OF VETERANS AFFAIRS. 

14 (a) REPORT REQUIRED.—Not later than 180 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Veterans Affairs, in consultation with the Comptroller 

17 General of the United States, shall submit to the Commit18 tees on Veterans’ Affairs of the Senate and House of Rep19 resentatives a report outlining the plan the Secretary has 

20 developed and the actions the Secretary has taken to address 

21 the areas of concern identified by the Comptroller General 

22 for the Department of Veterans Affairs in the 2019 High23 Risk List of the Government Accountability Office (GAO– 

24 19–157SP) regarding— 

25 (1) acquisition management; and 
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1 (2) managing risks and improving health care. 

2 (b) ELEMENTS.—The report under subsection (a) shall 

3 include each of the following: 

4 (1) Root causes of the areas of concern described 

5 in paragraphs (1) and (2) of subsection (a). 

6 (2) Corrective actions and specific steps to ad7 dress each root cause, including— 

8 (A) the progress of the Secretary in imple9 menting those actions and steps; and 

10 (B) timelines and milestones the Secretary 

11 determines feasible to complete each corrective 

12 action. 

13 (3) Resources the Secretary determines are nec14 essary to implement corrective actions, including— 

15 (A) funding; 

16 (B) stakeholders; 

17 (C) technology; and 

18 (D) senior officials responsible for imple19 menting the corrective actions and reporting re20 sults. 

21 (4) Metrics for assessing progress in addressing 

22 the areas of concern described in paragraphs (1) and 

23 (2) of subsection (a). 
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1 (5) Key outcomes that demonstrate progress in 

2 addressing the areas of concern described in para3 graphs (1) and (2) of subsection (a). 

4 (6) Obstacles to implementation of the plan that 

5 the Secretary identifies. 

6 (7) Recommendations of the Secretary regarding 

7 legislation or funding the Secretary determines nec8 essary to implement the plan. 

9 (8) Any other information the Secretary deter10 mines is relevant to understanding the progress of the 

11 Department toward the removal of the areas of con12 cern from the High Risk List. 

13 (c) ANNUAL UPDATES.— 

14 (1) UPDATE REQUIRED.—Not less than once each 

15 year during the implementation period under para16 graph (2), the Secretary shall submit to Congress an 

17 update regarding implementation of each element of 

18 the plan under subsection (b). 

19 (2) IMPLEMENTATION PERIOD.—The implemen20 tation period described in this paragraph begins on 

21 the date on which the Secretary submits the report re22 quired under subsection (a) and ends on the earlier 

23 of the following dates: 

24 (A) The date on which the Comptroller Gen25 eral removes the last area of concern for the De-
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1 partment from the most recent High-Risk List of 

2 the Government Accountability Office. 

3 (B) The date that is 8 years after the date 

4 on which the Secretary submits the plan required 

5 under subsection (a). 

6 SEC. 7008. ANNUAL REPORT BY SECRETARY OF VETERANS 

7 AFFAIRS ON IMPLEMENTATION OF PRIORITY 

8 RECOMMENDATIONS OF COMPTROLLER GEN9 ERAL OF THE UNITED STATES PERTAINING 

10 TO DEPARTMENT OF VETERANS AFFAIRS. 

11 (a) ANNUAL REPORT REQUIRED.—Not later than 270 

12 days after the date of the enactment of this Act, and not 

13 less than once during each of the subsequent 3 years, the 

14 Secretary of Veterans Affairs shall submit to the Committees 

15 on Veterans’ Affairs of the Senate and House of Representa16 tives and to the Comptroller General of the United States 

17 a report on the implementation of priority recommenda18 tions of the Comptroller General that pertain to the Depart19 ment of Veterans Affairs. 

20 (b) CONTENTS.—Each report submitted under sub21 section (a) shall include, for the period covered by the re22 port, the following: 

23 (1) The progress of the Secretary in imple24 menting all open priority recommendations of the 
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1 Comptroller General for the Department of Veterans 

2 Affairs. 

3 (2) An explanation for each instance where the 

4 Secretary has decided not to implement, or has not 

5 fully implemented, an open priority recommendation 

6 of the Comptroller General for the Department. 

7 (3) A summary of the corrective actions taken 

8 and remaining steps the Secretary plans to take to 

9 implement open priority recommendations of the 

10 Comptroller General. 

11 (c) SUPPLEMENT NOT SUPPLANT CERTAIN REQUIRED

12 REPORTS OR WRITTEN STATEMENTS.—The report under 

13 this section shall not be construed to supplant any report 

14 or written statement required under section 720 of title 31, 

15 United States Code. 

16 SEC. 7009. CLARIFICATION OF METHODS USED TO MONITOR 

17 COMPLIANCE WITH CERTAIN LIMITATIONS 

18 ON SUBCONTRACTING. 

19 Section 8127(k)(3)(A) of title 38, United States Code, 

20 is amended by striking ‘‘and any other’’ and inserting ‘‘or 

21 any other’’. 
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1 SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS REQUIRE2 MENT TO PROVIDE CERTAIN NOTICE TO PER3 SONS FILING CLAIMS FOR DAMAGE, INJURY, 

4 OR DEATH ON STANDARD FORM 95. 

5 Not later than 90 days after the date on which a person 

6 submits to the Secretary of Veterans Affairs a claim for 

7 damage, injury, or death on Standard Form 95, or any 

8 successor form, the Secretary shall provide to such person 

9 notice of each of the following: 

10 (1) The benefit of obtaining legal advice con11 cerning such claim. 

12 (2) The employment status of any individual 

13 listed on the form. 

14 (3) If the claim involves a contractor that en15 tered into an agreement with the Secretary, the im16 portance of obtaining legal advice as to the statute of 

17 limitations regarding the claim in the State in which 

18 the claim arose. 

19 Subtitle B—Matters Relating to the 

20 Chief Financial Officer of De21 partment of Veterans Affairs 

22 SEC. 7101. DEFINITIONS. 

23 In this subtitle: 

24 (1) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The term ‘‘appropriate congressional commit26 tees’’ means the Committees on Veterans’ Affairs of 
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1 the Senate and the House of Representatives and the 

2 Committees on Appropriations of the Senate and the 

3 House of Representatives. 

4 (2) SUBORDINATE CHIEF FINANCIAL OFFICER.— 

5 The term ‘‘subordinate chief financial officer’’— 

6 (A) includes— 

7 (i) the chief financial officer of the Vet8 erans Health Administration, the chief fi9 nancial officer of the Office of Community 

10 Care within the Veterans Health Adminis11 tration, and all chief financial officers of 

12 Veterans Integrated Service Networks with13 in the Veterans Health Administration; 

14 (ii) the chief financial officer of the 

15 Veterans Benefits Administration and all 

16 chief financial officers of organizational 

17 subdivisions representing business lines 

18 within the Veterans Benefits Administra19 tion; 

20 (iii) the chief financial officer of the 

21 National Cemetery Administration; and 

22 (iv) the chief financial officer of the Of23 fice of Information and Technology; and 

24 (B) does not include the Inspector General. 
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1 SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAK2 NESSES AND PROVIDING SUFFICIENT AU3 THORITY TO CHIEF FINANCIAL OFFICER OF 

4 DEPARTMENT OF VETERANS AFFAIRS. 

5 Not later than 180 days after the date of the enactment 

6 of this Act, and annually thereafter for each of the three 

7 subsequent years, the Secretary of Veterans Affairs, acting 

8 through the Chief Financial Officer of the Department of 

9 Veterans Affairs, shall submit to the appropriate congres10 sional committees— 

11 (1) an action plan, including steps, related 

12 timelines, costs, progress, status of implementation, 

13 and any updates for fully addressing the material 

14 weaknesses of the Department discussed in the Man15 agement’s Discussion and Analysis section of the fi16 nancial statements of the Department submitted to 

17 Congress under section 3515 of title 31, United States 

18 Code for the year preceding the year during which the 

19 report is submitted; and 

20 (2) a plan outlining the steps the Secretary 

21 plans to take to address the recommendations of audi22 tors related to entity-level internal controls and to 

23 provide sufficient authority to the Chief Financial Of24 ficer of the Department to carry out the requirements 

25 of section 902 of title 31, United States Code. 
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1 SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION. 

2 Concurrent with the submittal to Congress of the Presi3 dent’s budget request under section 1105 of title 31, United 

4 States Code, for fiscal year 2022 and each of the next three 

5 subsequent fiscal years, the Chief Financial Officer of the 

6 Department of Veterans affairs shall submit to the appro7 priate congressional committees each of the following: 

8 (1) A certification of the responsibility of the 

9 Chief Financial Officer for internal financial controls 

10 of the Department. 

11 (2) An attestation that the Chief Financial Offi12 cer has collaborated sufficiently with the subordinate 

13 chief financial officers of the Department to be con14 fident in the financial projections included the budget 

15 request and supporting materials. 

16 SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY 

17 FOR SUBORDINATE CHIEF FINANCIAL OFFI18 CERS. 

19 (a) IN GENERAL.—In accordance with the responsibil20 ities of the Chief Financial Officer of the Department of 

21 Veterans Affairs for the recruitment, selection, and training 

22 of personnel to carry out agency financial management 

23 functions pursuant to section 902(a)(5)(C) of title 31, 

24 United States Code, the Chief Financial Officer or the des25 ignee of the Chief Financial Officer within the Office of 

26 Management of the Department shall— 
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1 (1) participate in the interview and selection 

2 panels of all subordinate chief financial officers; and 

3 (2) give input into the performance plans and 

4 performance evaluations of all subordinate chief fi5 nancial officers. 

6 (b) TERMINATION.—The requirements under sub7 section (a) shall terminate on the date that is five years 

8 after the date of the enactment of this Act. 

9 Subtitle C—Servicemembers Civil 

10 Relief 

11 SEC. 7201. CLARIFICATION OF DELIVERY OF NOTICE OF 

12 TERMINATION OF LEASES OF PREMISES AND 

13 MOTOR VEHICLES FOR PURPOSES OF RELIEF 

14 UNDER SERVICEMEMBERS CIVIL RELIEF ACT. 

15 (a) IN GENERAL.—Section 305(c)(2) of the 

16 Servicemembers Civil Relief Act (50 U.S.C. 3955(c)(2)) is 

17 amended— 

18 (1) in subparagraph (B), by striking ‘‘or’’ at the 

19 end; 

20 (2) in subparagraph (C), by striking the period 

21 and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(D) by electronic means, including— 
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1 ‘‘(i) the direct delivery of material to 

2 an electronic address designated by the les3 sor (or the lessor’s grantee) or the lessor’s 

4 agent (or the agent’s grantee); 

5 ‘‘(ii) the posting of material to a 

6 website or other internet or electronic-based 

7 information repository to which access has 

8 been granted to the lessee, the lessor (or the 

9 lessor’s grantee), or the lessor’s agent (or the 

10 agent’s grantee); and 

11 ‘‘(iii) other electronic means reason12 ably calculated to ensure actual receipt of 

13 the material by the lessor (or the lessor’s 

14 grantee) or the lessor’s agent (or the agent’s 

15 grantee).’’. 

16 (b) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall apply to delivery of notice of lease termi18 nations on or after the date the enactment of this Act. 
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1 SEC. 7202. TECHNICAL CORRECTION REGARDING EXTEN2 SION OF LEASE PROTECTIONS FOR 

3 SERVICEMEMBERS UNDER STOP MOVEMENT 

4 ORDERS IN RESPONSE TO LOCAL, NATIONAL, 

5 OR GLOBAL EMERGENCY. 

6 (a) IN GENERAL.—Section 305(b) of the 

7 Servicemembers Civil Relief Act (50 U.S.C. 3955(b)), as 

8 amended by Public Law 116–158, is further amended— 

9 (1) in paragraph (1)(C)(ii), by striking ‘‘Sec10 retary of Defense’’ and inserting ‘‘Secretary con11 cerned’’; and 

12 (2) in paragraph (2)(C)(ii), by striking ‘‘Sec13 retary of Defense’’ and inserting ‘‘Secretary con14 cerned’’. 

15 (b) RETROACTIVE APPLICATION.—The amendments 

16 made by this section shall apply to stop movement orders 

17 issued on or after March 1, 2020. 

Attest: 

Secretary. 
116TH CONGRESS 

2D SESSION H.R. 7105 

AMENDMENT