I 

116TH CONGRESS 

2D SESSION H. R. 7952 

To make certain improvements in the laws administered by the Secretary 

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

matters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 7, 2020 

Mr. BOST (for himself, Mr. BERGMAN, Mr. DAVID P. ROE of Tennessee, Mr. 

BILIRAKIS, Mr. BARR, Mr. BANKS, Mr. LAMALFA, and Mr. KINZINGER) 

introduced the following bill; which was referred to the Committee on 

Veterans’ Affairs, and in addition to the Committee on the Budget, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To make certain improvements in the laws administered by 

the Secretary of Veterans Affairs relating to education, 

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

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

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Veteran Benefits Enhancement and Expansion Act of 

6 2020’’. 


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

2 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—EDUCATION MATTERS 

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

of certain deceased members of the Armed Forces. 

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

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

Sec. 104. Requirements for in-State tuition. 

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

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

through congressional offices. 

TITLE II—BURIAL MATTERS 

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

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

Secretary of Veterans Affairs. 

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

subjects of certain grants made by the Secretary of Veterans 

Affairs. 

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

headstones and markers furnished by Secretary of Veterans Affairs. 

TITLE III—PENSION MATTERS 

Sec. 301. Plan to address the financial exploitation of veterans receiving pension from the Department of Veterans Affairs. 

Sec. 302. Overpayments of pension to veterans receiving pension from the Department of Veterans Affairs. 

Sec. 303. Evaluation of additional actions for verifying direct deposit information provided by veterans on applications for veterans pension. 

Sec. 304. Annual report on efforts of Department of Veterans Affairs to address the financial exploitation of veterans receiving pension. 

Sec. 305. Notice regarding fees charged in connection with filing an application 

for veterans pension. 

Sec. 306. Outreach plan for educating vulnerable veterans about potential financial exploitation relating to the receipt of pension. 

Sec. 307. Penalties for representing veterans as agents and attorneys without 

recognition by Secretary of Veterans Affairs. 

TITLE IV—OTHER MATTERS 

Sec. 401. Medal of Honor special pension for surviving spouses. 

Sec. 402. Modernization of service-disabled veterans insurance. 

Sec. 403. Eligibility of certain members of the reserve components of the 

Armed Forces for home loans from the Secretary of Veterans 

Affairs. 

Sec. 404. Adjustment of housing loan fees. 


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Sec. 405. Clarification of licensure requirements for contractor medical professionals to perform medical disability examinations for the Department of Veterans Affairs. 

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

of Department of Veterans Affairs. 

Sec. 407. Determination of budgetary effects. 

1 TITLE I—EDUCATION MATTERS 

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

5 FORCES. 

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

7 title 38, United States Code, is amended— 

8 (1) by redesignating paragraph (10) as para9 graph (12); and 

10 (2) by inserting after paragraph (9) the fol11 lowing new paragraphs (10) and (11): 

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

13 of a person who dies on or after September 11, 

14 2001, in the line of duty while serving on duty other 

15 than active duty as a member of the Armed Forces. 

16 ‘‘(11) An individual who is the child or spouse 

17 of a member who dies on or after September 11, 

18 2001, while serving in the Selected Reserve, from a 

19 service-connected disability.’’. 

20 (b) APPLICABILITY DATE.—The amendments made 

21 by subsection (a) apply with respect to a quarter, semesVerDate Sep 11 2014 19:46 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7952.IH H7952

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

2 1, 2021. 

3 (c) CONFORMING AMENDMENTS.— 

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

5 by striking ‘‘paragraph (9)’’ each place it appears 

6 and inserting ‘‘paragraphs (9), (10), and (11)’’. 

7 (2) Section 3322 of such title is amended— 

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

9 ‘‘sections 3311(b)(9) and 3319’’ and inserting 

10 ‘‘section 3319 and paragraph (9), (10), or (11) 

11 of section 3311 of this title’’; 

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

13 3311(b)(9)’’ and inserting ‘‘paragraph (9), 

14 (10), or (11) of section 3311 of this title’’; and 

15 (C) in subsection (h)(2), by striking ‘‘ei16 ther section 3311(b)(9) or chapter 35’’ and in17 serting ‘‘either chapter 35 or paragraph (9), 

18 (10), or (11) of section 3311’’. 

19 SEC. 102. PERIOD FOR ELECTION TO RECEIVE BENEFITS 

20 UNDER ALL-VOLUNTEER EDUCATIONAL AS21 SISTANCE PROGRAM OF DEPARTMENT OF 

22 VETERANS AFFAIRS. 

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

24 States Code, is amended— 


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

2 election shall be made at the time the individual ini3 tially enters on active duty as a member of the 

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

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

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

7 individual initially enters initial training’’; and 

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

9 individual is entitled to such pay’’ and inserting 

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

11 date on which the individual initially enters initial 

12 training’’. 

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

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

15 of enactment of this Act. 

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

17 ASSISTANCE PROGRAM. 

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

19 United States Code, as amended by section 1, is further 

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

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

22 September 30, 2030’’. 

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

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

25 United States Code, is amended— 


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

2 three years before the date of enrollment in the 

3 course concerned’’; and 

4 (2) in paragraph (4)— 

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

6 ‘‘(A) It shall’’; and 

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

8 subparagraph: 

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

10 publicly available on the internet website of the Depart11 ment a database explaining any requirements described in 

12 subparagraph (A) that are established by a public institu13 tion of higher learning for an individual to be charged tui14 tion and fees at a rate that is equal to or less than the 

15 rate the institution charges for tuition and fees for resi16 dents of the State in which the institution is located. The 

17 Secretary shall disapprove a course of education provided 

18 by such an institution that does not provide the Sec19 retary— 

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

21 and 

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

23 which any such requirements change, the updated 

24 requirements.’’. 


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

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

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

4 2021. 

5 SEC. 105. EXPANSION OF AUTHORITY FOR CERTAIN QUALI6 FYING WORK-STUDY ACTIVITIES FOR PUR7 POSES OF THE EDUCATIONAL ASSISTANCE 

8 PROGRAMS OF THE DEPARTMENT OF VET9 ERANS AFFAIRS TO INCLUDE OUTREACH 

10 SERVICES PROVIDED THROUGH CONGRES11 SIONAL OFFICES. 

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

13 is amended by adding at the end the following new sub14 paragraph: 

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

16 offices of Members of Congress for such Members: 

17 ‘‘(i) The distribution of information to 

18 members of the Armed Forces, veterans, and 

19 their dependents about the benefits and services 

20 under laws administered by the Secretary and 

21 other appropriate governmental and nongovern22 mental programs. 

23 ‘‘(ii) The preparation and processing of pa24 pers and other documents, including documents 

25 to assist in the preparation and presentation of 


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1 claims for benefits under laws administered by 

2 the Secretary.’’. 

3 TITLE II—BURIAL MATTERS 

4 SEC. 201. TRANSPORTATION OF DECEASED VETERANS TO 

5 VETERANS’ CEMETERIES. 

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

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

8 a national cemetery’’ and inserting ‘‘in a national ceme9 tery or a covered veterans’ cemetery’’. 

10 (b) COVERED VETERANS’ CEMETERY DEFINED.— 

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

12 end the following new subsection: 

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

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

15 means a veterans’ cemetery— 

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

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

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

19 under section 2408 of this title.’’. 

20 (c) CONFORMING AMENDMENT.—Section 2308 of 

21 such title is amended in the section heading by adding 

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

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

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


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1 by striking the item relating to section 2308 and inserting 

2 the following new item: 

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

cemetery.’’. 

3 SEC. 202. INCREASE IN CERTAIN FUNERAL BENEFITS 

4 UNDER LAWS ADMINISTERED BY THE SEC5 RETARY OF VETERANS AFFAIRS. 

6 (a) FUNERAL EXPENSES FOR NON-SERVICE CON7 NECTED DISABILITIES.—Chapter 23 of title 38, United 

8 States Code, is amended as follows: 

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

10 2302 to the end of section 2303 and redesignating 

11 it as subsection (d). 

12 (2) By striking section 2302. 

13 (3) In section 2303— 

14 (A) in the section heading, by striking 

15 ‘‘Death in Department facility’’ and in16 serting ‘‘Death from non-service-con17 nected disability’’; and 

18 (B) in subsection (a)— 

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

20 veteran dies in a facility described in para21 graph (2)’’ and inserting ‘‘a veteran de22 scribed in paragraph (2) dies’’; 

23 (ii) by striking paragraph (2) and in24 serting the following new paragraph: 


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1 ‘‘(2) A veteran described in this paragraph is a de2 ceased veteran who is not covered by section 2307 and 

3 who meets any of the following criteria: 

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

5 ‘‘(i) a facility of the Department (as de6 fined in section 1701(3) of this title) to which 

7 the deceased veteran was properly admitted for 

8 hospital, nursing home, or domiciliary care 

9 under 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 

14 title; 

15 ‘‘(II) nursing home care under section 

16 1720 of this title; or 

17 ‘‘(III) nursing home care for which 

18 payments are made under section 1741 of 

19 this title. 

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

21 (including a person who died during a period deemed 

22 to be active military, naval, or air service under sec23 tion 106(c) of this title) is in receipt of compensa24 tion (or but for the receipt of retirement pay would 


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1 have been entitled to compensation) or was in re2 ceipt of pension. 

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 vet9 eran; and 

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

11 resources to cover burial and funeral ex12 penses.’’; 

13 (iii) in subsection (b)— 

14 (I) by striking ‘‘section 2302 of 

15 this title and’’; and 

16 (II) by striking ‘‘under section 

17 2302 of this title or’’; and 

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

19 paragraph (1) of this subsection, by strik20 ing ‘‘Except as’’ and inserting ‘‘With re21 spect to a deceased veteran described in 

22 subparagraph (B) or (C) of subsection 

23 (a)(2), except as’’. 

24 (b) CONFORMING AMENDMENTS.—Chapter 23 of 

25 such title is amended as follows: 


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1 (1) Section 2304 is amended by striking ‘‘Ap2 plications for payments under section 2302 of this 

3 title’’ and inserting ‘‘Applications for payments 

4 under section 2303 of this title regarding veterans 

5 described in subparagraph (B) or (C) of subsection 

6 (a)(2) of such section’’. 

7 (2) Section 2307 is amended by striking ‘‘sec8 tions 2302 and 2303(a)(1) and (b)(2) of this title’’ 

9 and inserting ‘‘section 2303(a)(1) and (b)(2) of this 

10 title’’. 

11 (3) Section 2308(a) is amended by striking 

12 ‘‘pursuant to section 2302 or 2307 of this title,’’ 

13 and inserting ‘‘pursuant to section 2303 of this title 

14 regarding veterans described in subparagraph (B) or 

15 (C) of subsection (a)(2) of such section, or pursuant 

16 to section 2307,’’. 

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

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

19 by striking the items relating to sections 2302 and 2303 

20 and inserting the following new item: 

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

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

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

23 date of the enactment of this Act. 


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1 SEC. 203. OUTER BURIAL RECEPTACLES FOR EACH NEW 

2 GRAVE IN CEMETERIES THAT ARE THE SUB3 JECTS OF CERTAIN GRANTS MADE BY THE 

4 SECRETARY OF VETERANS AFFAIRS. 

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

6 amended— 

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

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

9 or a tribal organization under section 2408 of this 

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

11 and 

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

13 following new paragraph (2): 

14 ‘‘(2) The use of outer burial receptacles in— 

15 ‘‘(A) a cemetery under the control of the Na16 tional Cemetery Administration or in a cemetery 

17 that is the subject of a grant to a State or a tribal 

18 organization under section 2408 of this title shall be 

19 in accordance with regulations or procedures ap20 proved by the Secretary of Veterans Affairs; and 

21 ‘‘(B) Arlington National Cemetery shall be in 

22 accordance with regulations or procedures approved 

23 by the Secretary of the Army.’’. 


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1 SEC. 204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND 

2 CHILDREN ON CERTAIN HEADSTONES AND 

3 MARKERS FURNISHED BY SECRETARY OF 

4 VETERANS AFFAIRS. 

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

6 States Code, as amended by section 203, is further amend7 ed by adding at the end the following new subsection: 

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

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

10 in a covered cemetery (as that term is defined in sub11 section (f)(2)) and for whom the Secretary has furnished 

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

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

14 headstone or marker to add an inscription for the sur15 viving spouse or eligible dependent child of such individual 

16 following the death of the surviving spouse or eligible de17 pendent child. 

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

19 individual referred to in paragraph (1) predeceases the in20 dividual, the Secretary may, if feasible and upon request, 

21 include an inscription for the spouse or dependent child 

22 on the headstone or marker furnished for the individual 

23 under subsection (a) or (d).’’. 

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

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


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

2 after October 1, 2019. 

3 TITLE III—PENSION MATTERS 

4 SEC. 301. PLAN TO ADDRESS THE FINANCIAL EXPLOI5 TATION OF VETERANS RECEIVING PENSION 

6 FROM THE DEPARTMENT OF VETERANS AF7 FAIRS. 

8 (a) DEVELOPMENT OF METHOD FOR SOLICITATION

9 AND COLLECTION OF INFORMATION.—Not later than one 

10 year after the date of the enactment of this Act, the Sec11 retary of Veterans Affairs shall develop a method for sys12 tematically soliciting and collecting information on com13 plaints received, referrals made, and actions taken by the 

14 pension management centers of the Department of Vet15 erans Affairs and any other relevant components of the 

16 Department, in cases of potential financial exploitation of 

17 individuals receiving pension under chapter 15 of title 38, 

18 United States Code. 

19 (b) PLAN TO ASSESS AND ADDRESS FINANCIAL EX20 PLOITATION OF VETERANS.— 

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

22 and periodically update a plan— 

23 (A) to regularly assess the information so24 licited and collected under subsection (a) to 

25 identify trends of potential financial exploitation 


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1 of the individuals described in subsection (a) 

2 across the Department; and 

3 (B) to outline actions that the Department 

4 can take to improve education and training to 

5 address those trends. 

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

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

8 not less frequently than once every two years there9 after, the Secretary shall submit the plan most re10 cently developed or updated under paragraph (1) 

11 to— 

12 (A) the Comptroller General of the United 

13 States; and 

14 (B) the Committee on Veterans’ Affairs 

15 and the Special Committee on Aging of the 

16 Senate and the Committee on Veterans’ Affairs 

17 of the House of Representatives. 

18 (3) TERMINATION.—The requirement to submit 

19 a plan under this subsection shall terminate on the 

20 date that is six years after the date of the enactment 

21 of this Act. 


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1 SEC. 302. OVERPAYMENTS OF PENSION TO VETERANS RE2 CEIVING PENSION FROM THE DEPARTMENT 

3 OF VETERANS AFFAIRS. 

4 (a) GUIDANCE AND TRAINING FOR CLAIMS PROC5 ESSORS.— 

6 (1) IN GENERAL.—As the Secretary considers 

7 necessary, but not less frequently than once every 

8 three years, the Under Secretary for Benefits of the 

9 Department of Veterans Affairs shall update guid10 ance and training curriculum for the processors of 

11 claims for pension under chapter 15 of title 38, 

12 United States Code, regarding the evaluation of 

13 questionable medical expenses on applications for 

14 pension, including by updating such guidance with 

15 respect to what constitutes a questionable medical 

16 expense and by including examples of such expenses. 

17 (2) TERMINATION.—The requirement to update 

18 guidance and training curriculum under paragraph 

19 (1) shall terminate on the date that is ten years 

20 after the date of the enactment of this Act. 

21 (b) IDENTIFICATION AND TRACKING.—The Under 

22 Secretary shall develop a method for identifying and track23 ing the number of individuals who have received overpay24 ments of pension under chapter 15 of title 38, United 

25 States Code. 


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

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

3 October 31 of each of the two subsequent fiscal years, the 

4 Under Secretary shall submit to Congress a report that 

5 includes, for the period covered by the report— 

6 (1) the number of individuals who received 

7 overpayments of pension under chapter 15 of title 

8 38, United States Code; and 

9 (2) the top five reasons for such overpayments. 

10 SEC. 303. 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 on 

21 an application for pension is for the appropriate re22 cipient; and 

23 (2) identify such legislative or administrative 

24 actions as the Under Secretary considers appropriate 


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1 to ensure that payments of pension are provided to 

2 the correct recipients. 

3 (b) SUBMISSION TO CONGRESS.— 

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

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

6 Under Secretary shall submit to Congress a report 

7 on the evaluation and identification under subsection 

8 (a). 

9 (2) CONTENTS.—The report required by para10 graph (1) shall include the following: 

11 (A) The findings of the Under Secretary 

12 with respect to the evaluation conducted under 

13 subsection (a)(1). 

14 (B) The actions identified under subsection 

15 (a)(2). 

16 (C) A plan for implementing any adminis17 trative actions identified under subsection 

18 (a)(2). 

19 (D) A rationale for not implementing any 

20 actions evaluated under paragraph (1) of sub21 section (a) but not identified under paragraph 

22 (2) of such subsection. 


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1 SEC. 304. 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 less frequently than once 

6 each year, the Secretary of Veterans Affairs shall submit 

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

8 the Committee on Veterans’ Affairs of the House of Rep9 resentatives a report on efforts to address the financial 

10 exploitation of individuals receiving pension under chapter 

11 15 of title 38, United States Code. 

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

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

14 following: 

15 (1) The number of individuals who received 

16 pension under chapter 15 of title 38, United States 

17 Code, who have been referred by any component of 

18 the Department of Veterans Affairs to the Office of 

19 Inspector General of the Department as likely or 

20 proven victims of financial exploitation. 

21 (2) The number of referrals and reports relat22 ing to the financial exploitation of such individuals 

23 made by the Department of Veterans Affairs to— 

24 (A) the Consumer Sentinel Network of the 

25 Federal Trade Commission; and 

26 (B) the Department of Justice. 


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1 (3) A description of the actions taken as a re2 sult of such referrals and reports against— 

3 (A) individuals recognized by the Secretary 

4 as agents or attorneys under section 5904 of 

5 title 38, United States Code; and 

6 (B) individuals not so recognized. 

7 (c) TERMINATION.—The requirement to submit a re8 port under subsection (a) shall terminate on the date that 

9 is four years after the date of the enactment of this Act. 

10 SEC. 305. NOTICE REGARDING FEES CHARGED IN CONNEC11 TION WITH FILING AN APPLICATION FOR 

12 VETERANS 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 avail17 able to individuals who apply for such pension, including 

18 educational forms about or applications for such pension, 

19 includes 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. 306. 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 

7 develop, in collaboration with veterans service organiza8 tions, an outreach plan for educating vulnerable individ9 uals about potential financial exploitation relating to the 

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

11 States Code. 

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

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

14 Secretary shall submit to the Committee on Veterans’ Af15 fairs and the Special Committee on Aging of the Senate 

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

17 Representatives the plan developed under subsection (a). 

18 (c) VETERANS SERVICE ORGANIZATION DEFINED.— 

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

20 means an organization recognized by the Secretary of Vet21 erans Affairs for the representation of veterans under sec22 tion 5902 of title 38, United States Code. 


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1 SEC. 307. PENALTIES FOR REPRESENTING VETERANS AS 

2 AGENTS AND ATTORNEYS WITHOUT REC3 OGNITION BY SECRETARY OF VETERANS AF4 FAIRS. 

5 (a) PENALTIES.— 

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

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

8 ‘‘§ 5905. Penalty for certain acts 

9 ‘‘(a) IN GENERAL.—Whoever commits any of the fol10 lowing acts shall be fined as provided in title 18, or impris11 oned for not more than one year, or both: 

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

13 work in furtherance of the preparation, presentation, 

14 or prosecution of a claim under a law administered 

15 by the Secretary— 

16 ‘‘(A) without recognition by the Secretary 

17 under sections 5902 through 5904 of this title; 

18 or 

19 ‘‘(B) while suspended or excluded under 

20 section 5904(b) of this title. 

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

22 beneficiary any part of a benefit or claim under the 

23 laws administered by the Secretary that is allowed 

24 and due to the claimant or beneficiary. 

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

26 shall not be construed to include the seeking of recognition 


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

2 claim under a law administered by the Secretary. 

3 ‘‘(c) LEGAL INTERNS, LAW STUDENTS, AND PARA4 LEGALS.—Subsection (a)(1)(A) shall not apply to a legal 

5 intern, a law student, or a paralegal undertaking or at6 tempting to undertake work in furtherance of the prepara7 tion, presentation, or prosecution of a claim under a law 

8 administered by the Secretary to the degree that such 

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

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

11 attorney recognized by the Secretary under sections 

12 5902 through 5904 of this title; and 

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

14 Model Rules of Professional Conduct of the Amer15 ican Bar Association.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

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

18 committed after the date that is 180 days after the 

19 date of the enactment of this Act. 

20 (b) BIENNIAL REVIEW OF RECOGNITION OF AGENTS

21 AND ATTORNEYS.— 

22 (1) IN GENERAL.—Not less frequently than 

23 once every two years, the General Counsel of the De24 partment of Veterans Affairs shall submit to ConVerDate Sep 11 2014 19:46 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H7952.IH H7952

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1 gress a report on activities under section 5904 of 

2 title 38, United States Code. 

3 (2) CONTENTS OF REPORTS.—Each report sub4 mitted under paragraph (1) shall include, for the pe5 riod covered by the report, the following: 

6 (A) A discussion of the rates generally 

7 charged for services covered by section 5904 of 

8 title 38, United States Code. 

9 (B) A discussion of the requests made by 

10 claimants under subsection (c)(3)(A) of such 

11 section. 

12 (C) A discussion of the fees reduced under 

13 such subsection. 

14 (D) The number of claims for benefits 

15 under laws administered by the Secretary that 

16 were prepared, presented, or prosecuted by an 

17 individual acting as an agent or attorney who 

18 did so while not recognized under such section. 

19 (3) TERMINATION.—The requirement to submit 

20 a report under this subsection shall terminate on the 

21 date that is seven years after the date of the enact22 ment of this Act. 


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1 TITLE IV—OTHER MATTERS 

2 SEC. 401. MEDAL OF HONOR SPECIAL PENSION FOR SUR3 VIVING SPOUSES. 

4 (a) CODIFICATION OF CURRENT RATE OF SPECIAL

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

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

7 inserting ‘‘$1,388.68’’. 

8 (b) SPECIAL PENSION FOR SURVIVING SPOUSES.— 

9 (1) SURVIVING SPOUSE BENEFIT.—Such sub10 section is further amended— 

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

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

13 paragraph: 

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

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

16 section to the surviving spouse of a person whose name 

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

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

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

20 of title 10. 

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

22 spouse of a person under this section unless such surviving 

23 spouse was married to such person— 

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

25 death; or 


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

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

3 marriage. 

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

5 spouse of a person under this section if such surviving 

6 spouse is eligible for or receiving benefits under section 

7 1311 or 1318 of this title.’’. 

8 (2) CONFORMING AMENDMENTS.— 

9 (A) IN GENERAL.—Such section is amend10 ed— 

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

12 married to more than one person who has 

13 been awarded a medal of honor,’’ after 

14 ‘‘honor,’’; and 

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

16 ‘‘this section’’ and inserting ‘‘paragraph 

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

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

19 posthumous entry on the Army, Navy, Air 

20 Force, and Coast Guard Medal of Honor 

21 Roll,’’. 

22 (B) SPECIAL PROVISIONS RELATING TO

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

24 amended by adding at the end the following 

25 new subparagraph: 


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

2 Honor special pension.’’. 

3 (3) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall apply with respect to pay5 ment of pension under section 1562 of title 38, 

6 United States Code, for months beginning after the 

7 date of the enactment of this Act. 

8 SEC. 402. MODERNIZATION OF SERVICE-DISABLED VET9 ERANS INSURANCE. 

10 (a) ESTABLISHMENT OF MODERNIZED PROGRAM.— 

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

12 United States Code, is amended by inserting after 

13 section 1922A the following new section: 

14 ‘‘§ 1922B. Service-disabled veterans insurance 

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

16 the Secretary of Veterans Affairs shall carry out a service17 disabled veterans insurance program under which a vet18 eran is granted insurance by the United States against 

19 the death of such individual occurring while such insur20 ance is in force. 

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

22 under the insurance program under paragraph (1). 

23 ‘‘(3) The Secretary may not grant insurance to a vet24 eran under paragraph (1) unless— 


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

2 such insurance before the veteran attains 81 years 

3 of age; or 

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

5 81 years of age— 

6 ‘‘(i) the veteran filed a claim for compensa7 tion under chapter 11 of this title before attain8 ing such age; 

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

10 veteran attained such age, the Secretary first 

11 determines that the veteran has a service-con12 nected disability; and 

13 ‘‘(iii) the veteran submits the application 

14 for such insurance during the two-year period 

15 following the date of such determination. 

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

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

18 the following amounts: 

19 ‘‘(i) $10,000. 

20 ‘‘(ii) $20,000. 

21 ‘‘(iii) $30,000. 

22 ‘‘(iv) $40,000. 

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

24 a maximum amount greater than $40,000. 


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

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

3 than $40,000 if the Secretary— 

4 ‘‘(i) determines that such maximum amount 

5 and the premiums for such amount— 

6 ‘‘(I) are administratively and actuarially 

7 sound for the insurance program under para8 graph (1); and 

9 ‘‘(II) will not result in such program oper10 ating at a loss; and 

11 ‘‘(ii) publishes in the Federal Register, and sub12 mits to the Committees on Veterans’ Affairs of the 

13 House of Representatives and the Senate, such max14 imum amount and determination. 

15 ‘‘(5)(A) Insurance granted under this section shall be 

16 on a nonparticipating basis and all premiums and other 

17 collections therefor shall be credited directly to a revolving 

18 fund in the Treasury of the United States, and any pay19 ments on such insurance shall be made directly from such 

20 fund. 

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

22 and sell and retire special interest-bearing obligations of 

23 the United States for the account of the revolving fund 

24 under subparagraph (A). Such obligations issued for this 

25 purpose shall have maturities fixed with due regard for 


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1 the needs of the fund and shall bear interest at a rate 

2 equal to the average market yield (computed by the Sec3 retary of the Treasury on the basis of market quotations 

4 as of the end of the calendar month preceding the date 

5 of issue) on all marketable interest-bearing obligations of 

6 the United States then forming a part of the public debt 

7 which are not due or callable until after the expiration of 

8 four years from the end of such calendar month; except 

9 that where such average market yield is not a multiple 

10 of one-eighth of 1 per centum, the rate of interest of such 

11 obligation shall be the multiple of one-eighth of 1 per cen12 tum nearest such market yield. 

13 ‘‘(6) Administrative support financed by the appro14 priations for ‘General Operating Expenses, Department of 

15 Veterans Affairs’ and ‘Information Technology Systems, 

16 Department of Veterans Affairs’ for the insurance pro17 gram under paragraph (1) shall be paid from premiums 

18 credited to the fund under paragraph (5). Such payment 

19 for administrative support shall be reimbursed for that fis20 cal year from funds that are available on such insurance 

21 after claims have been paid. 

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

23 the insurance program under subsection (a)(1) if the vet24 eran has a service-connected disability, without regard 

25 to— 


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1 ‘‘(1) whether such disability is compensable 

2 under chapter 11 of this title; or 

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

4 good health required for other life insurance policies. 

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

6 eligible veteran may enroll in the insurance program under 

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

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

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

10 go into force unless— 

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

12 date of such enrollment; and 

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

14 during such two-year period. 

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

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

17 beneficiary of the veteran the amount of premiums paid 

18 by the veteran under this section, plus interest. 

19 ‘‘(B) For the initial year in which the Secretary car20 ries out the insurance program under subsection (a)(1), 

21 the Secretary shall set the interest rate under subpara22 graph (A) at one percent, except that the Secretary may 

23 adjust such rate based on actual program experience if 

24 such adjusted rate is not less than zero percent. 


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1 ‘‘(C)(i) For the second and each subsequent year in 

2 which the Secretary carries out the insurance program 

3 under subsection (a)(1), the Secretary shall calculate the 

4 interest rate under subparagraph (A) at an annual rate 

5 equal to the rate of return on the revolving fund under 

6 subsection (a)(5) for the calendar year preceding the year 

7 of the death of the veteran, except that the interest rate 

8 may not be less than zero percent. 

9 ‘‘(ii) On an annual basis, the Secretary shall publish 

10 on the internet website of the Department the average in11 terest rate calculated under clause (i) for that year. 

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

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

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

15 premium rates generally charged for guaranteed accept16 ance life insurance policies by private life insurance com17 panies. The Secretary may adjust such schedule after the 

18 first policy year in a manner consistent with the general 

19 practice of guaranteed acceptance life insurance policies 

20 issued by private life insurance companies. 

21 ‘‘(2) Section 1912 of this title shall not apply to life 

22 insurance policies under subsection (a)(1), and the Sec23 retary may not otherwise waive premiums for such insur24 ance policies. 


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

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

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

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

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

8 shall determine the beneficiary in the following order: 

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

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

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

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

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

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

18 of the death of the veteran. 

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

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

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

24 the date of the death of the veteran; and 


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

2 a claim for the payment during the period described 

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

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

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

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

9 beneficiary had predeceased the veteran. 

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

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

15 date of the death of the veteran. 

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

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

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

19 and the Secretary has not received notice that any such 

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

22 whom the Secretary determines to be equitably entitled to 

23 such payment. 

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


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

2 pay the designated beneficiary not later than 90 

3 days after the designated beneficiary files a claim for 

4 payment; or 

5 ‘‘(B) in paragraph (1)(B), (2), or (3), with re6 spect to a complete and valid claim under such para7 graphs, the Secretary shall make any payment not 

8 later than one year after the end of the period de9 scribed in the applicable such paragraph. 

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

11 insurance payment under this section during the applica12 ble period specified in paragraph (1) by reason of a bene13 ficiary not yet having filed a claim, or the Secretary not 

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

15 Secretary may make the payment after such applicable pe16 riod. 

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

18 Secretary shall make an insurance payment under this 

19 section in a lump sum. 

20 ‘‘(4) The Secretary may not make an insurance pay21 ment under this section if such payment will escheat to 

22 a State. 

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

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


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by inserting after the item relating to section 1922A 

4 the following new item: 

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

5 (b) SUNSET OF PREVIOUS PROGRAM AND TRANSI6 TION.— 

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

8 amended by adding at the end the following new 

9 subsection: 

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

11 by a veteran to be insured under this section after Decem12 ber 31, 2022. 

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

14 2023, and ending December 31, 2025, a veteran who is 

15 insured under this section may elect to instead be insured 

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

17 veteran at the time of such election. 

18 ‘‘(B) A veteran who elects under subparagraph (A) 

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

20 subject to the two-year waiting period specified in sub21 section (c) of such section. If the veteran dies during such 

22 period, the Secretary shall pay the beneficiary under this 

23 section, and, if applicable, under section 1922A, plus the 

24 amount of premiums paid by the veteran under such sec25 tion 1922B, plus 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) 

5 of such title is amended by adding after the period 

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

7 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 simulta11 neously.’’. 

12 (c) CONFORMING AMENDMENTS.—Chapter 19 of 

13 such title is amended— 

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

15 striking ‘‘Service’’ and inserting ‘‘Legacy serv16 ice’’; 

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

18 striking ‘‘Supplemental’’ and inserting ‘‘Leg19 acy supplemental’’; and 

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

21 such chapter by striking the items relating to sec22 tions 1922 and 1922A and inserting the following 

23 new items: 

‘‘1922. Legacy service disabled veterans’ insurance. 

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

disabled veterans.’’. 


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1 SEC. 403. ELIGIBILITY OF CERTAIN MEMBERS OF THE RE2 SERVE COMPONENTS OF THE ARMED 

3 FORCES FOR HOME LOANS FROM THE SEC4 RETARY OF VETERANS AFFAIRS. 

5 (a) EXTENSION OF ELIGIBILITY.—Section 3701(b) 

6 of title 38, United States Code, is amended by adding at 

7 the end the end the following new paragraph: 

8 ‘‘(7) The term ‘veteran’ also includes, for pur9 poses of home loans, an individual who performed 

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

11 of title 10) for a period— 

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

13 and 

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

15 (b) CONFORMING AMENDMENT.—Section 3702(a)(2) 

16 of such title is amended by adding at the end the following 

17 new subparagraph: 

18 ‘‘(G) Each individual described in section 

19 3701(b)(7) of this title.’’. 

20 SEC. 404. ADJUSTMENT OF HOUSING LOAN FEES. 

21 Subsection (b)(2) of section 3729 of title 38, United 

22 States Code, is amended by striking ‘‘October 1, 2029’’ 

23 each place it appears and inserting ‘‘October 1, 2030’’. 


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1 SEC. 405. CLARIFICATION OF LICENSURE REQUIREMENTS 

2 FOR CONTRACTOR MEDICAL PROFES3 SIONALS TO PERFORM MEDICAL DISABILITY 

4 EXAMINATIONS FOR THE DEPARTMENT OF 

5 VETERANS AFFAIRS. 

6 Subsection (c) of section 504 of the Veterans’ Bene7 fits Improvements Act of 1996 (Public Law 104–275; 38 

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

9 ‘‘(c) LICENSURE OF CONTRACT HEALTH CARE PRO10 FESSIONALS.— 

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

12 regarding the licensure of health care professionals, 

13 a health care professional described in paragraph (2) 

14 may conduct an examination pursuant to a contract 

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

16 any State, the District of Columbia, or a Common17 wealth, territory, or possession of the United States, 

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

19 authorized duties under such contract. 

20 ‘‘(2) HEALTH CARE PROFESSIONAL DE21 SCRIBED.—A health care professional described in 

22 this paragraph is a physician, physician assistant, 

23 nurse practitioner, audiologist, or psychologist, 

24 who— 

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

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1 cian, physician assistant, nurse practitioner, au2 diologist, or psychologist, as the case may be; 

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

4 health care profession in any State, the District 

5 of Columbia, or a Commonwealth, territory, or 

6 possession of the United States; and 

7 ‘‘(C) is performing authorized duties for 

8 the Department of Veterans Affairs pursuant to 

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

10 SEC. 406. PUBLICATION AND ACCEPTANCE OF DISABILITY 

11 BENEFIT QUESTIONNAIRE FORMS OF DE12 PARTMENT OF VETERANS AFFAIRS. 

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

14 States Code, is amended— 

15 (1) by redesignating subsection (d) as sub16 section (e); and 

17 (2) by inserting after subsection (c) the fol18 lowing new subsection (d): 

19 ‘‘(d)(1) The Secretary shall publish in a central loca20 tion on the internet website of the Department disability 

21 benefit questionnaire forms of the Department for the 

22 submittal of evidence from non-Department medical pro23 viders regarding a disability of a claimant. 


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1 ‘‘(2) Subject to section 6103 of this title, if the Sec2 retary updates a form described in paragraph (1), the Sec3 retary shall— 

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

5 filed by a claimant if— 

6 ‘‘(i) the claimant provided to the non-De7 partment medical provider the previous version 

8 of the form before the date on which the up9 dated version of the form was made available; 

10 and 

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

12 of the form during the one-year period following 

13 the date the form was completed by the non14 Department medical provider; 

15 ‘‘(B) request from the claimant (or from the 

16 non-Department medical provider if the claimant has 

17 authorized the provider to share health information 

18 with the Secretary) any other information that the 

19 updated version of the form requires; and 

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

21 adjudicate the claim as if the claimant filed the up22 dated version of the form. 

23 ‘‘(3) The Secretary may waive any interagency ap24 proval process required to approve a modification to a disVerDate Sep 11 2014 19:46 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H7952.IH H7952

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1 ability benefit questionnaire form if such requirement only 

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

3 (b) REPORTS BY INSPECTOR GENERAL OF THE DE4 PARTMENT OF VETERANS AFFAIRS.—Not less frequently 

5 than once each year through 2023, the Inspector General 

6 of the Department of Veterans Affairs shall submit to 

7 Congress a report on the findings of the Inspector General 

8 with respect to the use of the forms published under sec9 tion 5101(d)(1) of such title, as added by subsection (a). 

10 (c) INITIAL FORM.—The Secretary of Veterans Af11 fairs shall begin carrying out section 5101(d)(1) of such 

12 title, as added by subsection (a), by publishing, as de13 scribed in such section, the form described in such section 

14 that was in effect on January 1, 2020. 

15 (d) ALTERNATE FORMS.— 

16 (1) ASSESSMENT AND REPORT.—Subject to 

17 paragraph (2), not later than one year after the date 

18 of the enactment of this act, the Secretary shall— 

19 (A) assess the feasibility and advisability of 

20 replacing disability benefit questionnaire forms 

21 that are used by Department providers, pro22 viders and health care professionals under con23 tract with the Department under section 504 of 

24 the Veterans’ Benefits Improvements Act of 

25 1996 (Public Law 104–275; 38 U.S.C. 5101 


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1 note), and non-Department medical providers to 

2 submit to the Secretary evidence regarding a 

3 disability of a claimant for benefits under laws 

4 administered by the Secretary, with another 

5 consistent form; and 

6 (B) submit to Congress— 

7 (i) a report on the findings of the Sec8 retary with respect to the assessment con9 ducted under subparagraph (A); and 

10 (ii) a plan to replace the disability 

11 benefit questionnaire forms as described in 

12 subparagraph (A), including with respect 

13 to publishing the replacement forms on the 

14 internet website of the Department of Vet15 erans Affairs. 

16 (2) REQUIREMENTS.—The Secretary may only 

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

18 forms described in such paragraph is feasible and 

19 advisable if the Secretary determines that— 

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

21 do so; and 

22 (B) the replacement forms would include 

23 all the medical information needed to adjudicate 

24 a claim for benefits under laws administered by 

25 the Secretary. 


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1 (3) IMPLEMENTATION.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), if the Secretary determines under 

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

5 described in such paragraph is feasible and ad6 visable, the Secretary shall, not earlier than two 

7 years after the date on which the Secretary 

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

9 replace the forms as described in paragraph 

10 (1)(A) and publish the replacement forms on 

11 the internet website of the Department of Vet12 erans Affairs. 

13 (B) WAIVER.—The Secretary may waive 

14 the requirement of subparagraph (A) at any 

15 time if the Secretary determines that the re16 quirements of paragraph (2) will not be satis17 fied. 

18 (4) APPLICATION OF DBQ REQUIREMENTS.— 

19 Section 5101(d) of title 38, United States Code, as 

20 added by subsection (a), shall apply with respect to 

21 the disability benefit questionnaire forms of the De22 partment until the date on which the Secretary re23 places the forms as described in paragraph (1)(A) 

24 pursuant to paragraph (3). 


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1 (e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion or section 5101(d) of such title, as added by sub3 section (a), may be construed to require the Secretary to 

4 develop any new information technology system or other5 wise require the Secretary to make any significant changes 

6 to the internet website of the Department. 

7 SEC. 407. DETERMINATION OF BUDGETARY EFFECTS. 

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

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

10 shall be determined by reference to the latest statement 

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

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the House Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS