H. R. 7105 
One Hundred Sixteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and twenty 
An Act 
To provide flexibility for the Secretary of Veterans Affairs in caring for homeless 
veterans during a covered public health emergency, to direct the Secretary of 
Veterans Affairs to carry out a retraining assistance program for unemployed 
veterans, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Johnny Isakson 
and David P. Roe, M.D. Veterans Health Care and Benefits 
Improvement Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Determination of budgetary effects. 
TITLE I—EDUCATION 
Subtitle A—Education Generally 
Sec. 1001. Improvements to Edith Nourse Rogers STEM Scholarship program of 
Department of Veterans Affairs. 
Sec. 1002. Expansion of eligibility for Fry Scholarship to children and spouses of 
certain deceased members of the Armed Forces. 
Sec. 1003. Period for election to receive benefits under All-Volunteer Educational 
Assistance Program of Department of Veterans Affairs. 
Sec. 1004. Phase out of All-Volunteer Educational Assistance Program. 
Sec. 1005. Requirements for in-State tuition. 
Sec. 1006. Expansion of authority for certain qualifying work-study activities for 
purposes of the educational assistance programs of the Department of 
Veterans Affairs to include outreach services provided through congres-
sional offices. 
Sec. 1007. Restoration of entitlement to rehabilitation programs for veterans af-
fected by school closure or disapproval. 
Sec. 1008. Technical correction to clarify eligibility for participation in Yellow Rib-
bon Program of Department of Veterans Affairs. 
Sec. 1009. Clarification of educational assistance for individuals who pursue an ap-
proved program of education leading to a degree while on active duty. 
Sec. 1010. Verification of enrollment for purposes of receipt of Post-9/11 Edu-
cational Assistance benefits. 
Sec. 1011. Clarification regarding the dependents to whom entitlement to edu-
cational 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 dis-
approved. 
Sec. 1013. Oversight of educational institutions with approved programs: risk- 
based surveys. 
Sec. 1014. Oversight of educational institutions subject to Government action for 
purposes of the educational assistance programs of the Department of 
Veterans Affairs. 
Sec. 1015. Additional requirement for approval of educational institutions for pur-
poses of the educational assistance programs of the Department of Vet-
erans Affairs.
H. R. 7105—2 
Sec. 1016. Clarification of accreditation for law schools for purposes of the edu-
cational 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 edu-
cational 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 edu-
cation. 
Sec. 1022. Department of Veterans Affairs treatment of for-profit educational insti-
tutions converted to nonprofit educational institutions. 
Sec. 1023. Authority of State approving agencies to conduct outreach activities. 
Sec. 1024. Limitation on colocation and administration of State approving agencies. 
Sec. 1025. Elimination of period of eligibility for training and rehabilitation for cer-
tain 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 adminis-
tered 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 pe-
riod for presumptions of service connection for certain diseases associ-
ated with exposure to certain herbicide agents. 
Sec. 2012. Extension of authority of Secretary of Veterans Affairs to use income in-
formation from other agencies. 
Sec. 2013. Extension on certain limits on payments of pension. 
Subtitle B—Housing 
Sec. 2101. Eligibility of certain members of the reserve components of the Armed 
Forces for home loans from the Secretary of Veterans Affairs. 
Sec. 2102. Reducing loan fees for certain veterans affected by major disasters. 
Sec. 2103. Extension of certain housing loan fees. 
Sec. 2104. Collection of overpayments of specially adapted housing assistance. 
Subtitle C—Burial Matters 
Sec. 2201. Transportation of deceased veterans to veterans’ cemeteries. 
Sec. 2202. Increase in certain funeral benefits under laws administered by the Sec-
retary 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.
H. R. 7105—4 
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 As-
sistance Program. 
Sec. 4306. Longitudinal study on changes to Transition Assistance Program. 
TITLE V—DEBORAH SAMPSON 
Sec. 5001. Short title. 
Subtitle A—Improving Access for Women Veterans to the Department of Veterans 
Affairs 
Sec. 5101. Office of Women’s Health in Department of Veterans Affairs. 
Sec. 5102. Women veterans retrofit initiative. 
Sec. 5103. Establishment of environment of care standards and inspections at De-
partment 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 Vet-
erans Affairs. 
Sec. 5109. Requirement to improve Department of Veterans Affairs women vet-
erans call center. 
Sec. 5110. Study on infertility services furnished at Department of Veterans Af-
fairs. 
Sec. 5111. Sense of Congress on access to facilities of Department of Veterans Af-
fairs by reservists for counseling and treatment relating to military sex-
ual 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 med-
ical 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 Vet-
erans 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 Vet-
erans Affairs. 
Sec. 5304. Pilot program on assisting veterans who experience intimate partner vi-
olence 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 Vet-
erans 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 De-
partment of Veterans Affairs. 
Sec. 5403. Study on feasibility and advisability of offering Parenting STAIR pro-
gram at all medical centers of Department of Veterans Affairs.
H. R. 7105—5 
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 as-
sessment 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 Depart-
ment 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 finan-
cial 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 pro-
gram of transportation services for veterans. 
Sec. 7002. Department of Veterans Affairs Advisory Committee on Tribal and In-
dian 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 ad-
dress certain high-risk areas of the Department of Veterans Affairs. 
Sec. 7008. Annual report by Secretary of Veterans Affairs on implementation of pri-
ority recommendations of Comptroller General of the United States per-
taining to Department of Veterans Affairs. 
Sec. 7009. Clarification of methods used to monitor compliance with certain limita-
tions on subcontracting. 
Sec. 7010. Department of Veterans Affairs requirement to provide certain notice to 
persons filing claims for damage, injury, or death on Standard Form 95. 
Subtitle B—Matters Relating to the Chief Financial Officer of Department of 
Veterans Affairs 
Sec. 7101. Definitions. 
Sec. 7102. Plans for addressing material weaknesses and providing sufficient au-
thority 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 offi-
cers. 
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, na-
tional, or global emergency. 
SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
H. R. 7105—6 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the Chairman of the House Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
TITLE I—EDUCATION 
Subtitle A—Education Generally 
SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS STEM SCHOL-
ARSHIP 
PROGRAM 
OF 
DEPARTMENT 
OF 
VETERANS 
AFFAIRS. 
(a) CLARIFICATION AND EXPANSION OF ELIGIBILITY.—Subsection 
(b)(4) of section 3320 of title 38, United States Code, is amended— 
(1) in subparagraph (A)(i)— 
(A) in the matter preceding subclause (I), by inserting 
‘‘, or a dual degree program that includes such an under-
graduate college degree,’’ after ‘‘undergraduate college 
degree’’; 
(B) by striking subclause (IX); and 
(C) by redesignating subclauses (X) and (XI) as sub-
clauses (IX) and (X), respectively; 
(2) in subparagraph (B)— 
(A) by inserting ‘‘covered clinical training program for 
health care professionals or a’’ before ‘‘program of edu-
cation’’; and 
(B) by striking the period at the end and inserting 
‘‘; or’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(C) is an individual who has earned a graduate degree 
in a field referred to in subparagraph (A)(i) and is enrolled 
in a covered clinical training program for health care 
professionals.’’. 
(b) PRIORITY.—Subsection (c) of such section is amended to 
read as follows: 
‘‘(c) PRIORITY.—(1) If the Secretary determines that there are 
insufficient funds available in a fiscal year to provide additional 
benefits under this section to all eligible individuals, the Secretary 
may give priority to the following eligible individuals: 
‘‘(A) Individuals who require the most credit hours 
described in subsection (b)(4). 
‘‘(B) Individuals who are entitled to educational assistance 
under this chapter by reason of paragraph (1), (2), (8), or 
(9) of section 3311(b) of this title. 
‘‘(2) The Secretary shall give priority to individuals under para-
graph (1) in the following order: 
‘‘(A) Individuals who are enrolled in a program of education 
leading to an undergraduate degree in a field referred to in 
subsection (b)(4)(A)(i). 
‘‘(B) Individuals who are enrolled in a program of education 
leading to a teaching certificate. 
‘‘(C) Individuals who are enrolled in a dual-degree program 
leading to both an undergraduate and graduate degree in a 
field referred to in subsection (b)(4)(A)(i).
H. R. 7105—7 
‘‘(D) Individuals who have earned an undergraduate degree 
and are enrolled in a covered clinical training program for 
health care professionals. 
‘‘(E) Individuals who have earned a graduate degree and 
are enrolled in a covered clinical training program for health 
care professionals.’’. 
(c) AMOUNTS NOT SUBJECT
TO CERTAIN LIMITATION.—Sub-
section (d) of such section is amended by adding at the end the 
following new paragraph: 
‘‘(4) Notwithstanding any other provision of this chapter or 
chapter 36 of this title, any additional benefits under this section 
may not be counted toward the aggregate period for which section 
3695 of this title limits an individual’s receipt of allowance or 
assistance.’’. 
(d) COVERED CLINICAL TRAINING PROGRAM DEFINED.—Such sec-
tion is further amended by adding at the end the following new 
subsection: 
‘‘(h) COVERED CLINICAL TRAINING PROGRAM DEFINED.—In this 
section, the term ‘covered clinical training program’ means any 
clinical training required by a health care professional to be licensed 
to practice in a State or locality.’’. 
SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO 
CHILDREN AND SPOUSES OF CERTAIN DECEASED MEM-
BERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Subsection (b) of section 3311 of title 38, 
United States Code, as amended by section 105 of the Harry W. 
Colmery Veterans Educational Assistance Act of 2017 (Public Law 
115–48), is further amended— 
(1) by redesignating paragraph (9) as paragraph (11); and 
(2) by inserting after paragraph (8) the following new para-
graphs (9) and (10): 
‘‘(9) An individual who is the child or spouse of a person 
who, on or after September 11, 2001, dies in line of duty 
while serving on duty other than active duty as a member 
of the Armed Forces. 
‘‘(10) An individual who is the child or spouse of a member 
of the Selected Reserve who dies on or after September 11, 
2001, while a member of the Selected Reserve from a service- 
connected disability.’’. 
(b) CONFORMING AMENDMENTS.—Title 38, United States Code, 
is amended as follows: 
(1) In section 3311(f), by striking ‘‘paragraph (8)’’ each 
place it appears and inserting ‘‘paragraphs (8), (9), and (10)’’. 
(2) In section 3313(c)(1), by striking ‘‘(8), or (9)’’ and 
inserting ‘‘(8), (9), (10), or (11)’’. 
(3) In section 3317(a), in the second sentence, by striking 
‘‘paragraphs (1), (2), (8), and (9)’’ and inserting ‘‘paragraphs 
(1), (2), (8), (9), (10), and (11)’’. 
(4) In section 3320, as amended by section 1001 of this 
title, in subsection (c)(1)(B), by striking ‘‘(8), or (9)’’ and 
inserting ‘‘(8), (9), (10), or (11)’’. 
(5) In section 3322— 
(A) in subsection (e), by striking both ‘‘sections 
3311(b)(8) and 3319’’ and inserting ‘‘section 3319 and para-
graph (8), (9), or (10) of section 3311 of this title’’;
H. R. 7105—8 
(B) in subsection (f), by striking ‘‘section 3311(b)(8)’’ 
and inserting ‘‘paragraph (8), (9), or (10) of section 3311 
of this title’’; and 
(C) in subsection (h)(2), by striking ‘‘either section 
3311(b)(8) or chapter 35’’ and inserting ‘‘either chapter 
35 or paragraph (8), (9), or (10) of section 3311’’. 
(c) APPLICABILITY DATE.—The amendments made by this sec-
tion shall take effect immediately after the amendments made 
by section 105 of the Harry W. Colmery Veterans Educational 
Assistance Act of 2017 (Public Law 115–48) take effect and shall 
apply with respect to a quarter, semester, or term, as applicable, 
commencing on or after August 1, 2021. 
SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL- 
VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM OF 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 3011 of title 38, United States Code, 
is amended— 
(1) in subsection (c)(1), by striking ‘‘Any such election shall 
be made at the time the individual initially enters on active 
duty as a member of the Armed Forces’’ and inserting ‘‘Any 
such election shall be made during the 90-day period beginning 
on the day that is 180 days after the date on which the 
individual initially enters initial training’’; and 
(2) in subsection (b)(1), by striking ‘‘that such individual 
is entitled to such pay’’ and inserting ‘‘that begin after the 
date that is 270 days after the date on which the individual 
initially enters initial training’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date that is two years after the date 
of the enactment of this Act. 
SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE 
PROGRAM. 
Subsection (a)(1)(A) of section 3011 of title 38, United States 
Code, is amended by striking ‘‘after June 30, 1985’’ and inserting 
‘‘during the period beginning July 1, 1985, and ending September 
30, 2030’’. 
SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION. 
(a) IN GENERAL.—Section 3679(c) of title 38, United States 
Code, is amended— 
(1) in paragraph (2)(A), by striking ‘‘less than three years 
before the date of enrollment in the course concerned’’; and 
(2) in paragraph (4)— 
(A) by striking ‘‘It shall’’ and inserting ‘‘(A) It shall’’; 
and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(B) To the extent feasible, the Secretary shall make publicly 
available on the internet website of the Department a database 
explaining any requirements described in subparagraph (A) that 
are established by a public institution of higher learning for an 
individual to be charged tuition and fees at a rate that is equal 
to or less than the rate the institution charges for tuition and 
fees for residents of the State in which the institution is located. 
The Secretary shall disapprove a course of education provided by 
such an institution that does not provide the Secretary—
H. R. 7105—9 
‘‘(i) an initial explanation of such requirements; and 
‘‘(ii) not later than 90 days after the date on which any 
such requirements change, the updated requirements.’’. 
(b) APPLICATION.—The amendments made by this section shall 
apply with respect to a quarter, semester, or term, as applicable, 
commencing on or after August 1, 2021. 
SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING 
WORK-STUDY ACTIVITIES FOR PURPOSES OF THE EDU-
CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS TO INCLUDE OUTREACH SERV-
ICES PROVIDED THROUGH CONGRESSIONAL OFFICES. 
(a) IN GENERAL.—Section 3485(a)(4) of title 38, United States 
Code, is amended by adding at the end the following new subpara-
graph: 
‘‘(K) The following activities carried out at the offices of 
Members of Congress for such Members: 
‘‘(i) The distribution of information to members of the 
Armed Forces, veterans, and their dependents about the 
benefits and services under laws administered by the Sec-
retary and other appropriate governmental and nongovern-
mental programs. 
‘‘(ii) The preparation and processing of papers and 
other documents, including documents to assist in the 
preparation and presentation of claims for benefits under 
laws administered by the Secretary.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on August 1, 2021. 
SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION PRO-
GRAMS FOR VETERANS AFFECTED BY SCHOOL CLOSURE 
OR DISAPPROVAL. 
(a) ENTITLEMENT.—Section 3699 of title 38, United States Code, 
is amended by striking ‘‘chapter 30,’’ each time it appears and 
inserting ‘‘chapter 30, 31,’’. 
(b) 
PAYMENT
OF
SUBSISTENCE
ALLOWANCES.—Section 
3680(a)(2)(B) of title 38, United States Code, is amended— 
(1) by inserting ‘‘or a subsistence allowance described in 
section 3108’’ before ‘‘, during’’; and 
(2) by inserting ‘‘or allowance’’ after ‘‘such a stipend’’. 
(c) CONFORMING AMENDMENT.—Section 7 of the Student Vet-
eran Coronavirus Response Act of 2020 (134 Stat. 634; Public Law 
116–140) is hereby repealed. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply as if included in the enactment of section 109 of the 
Harry W. Colmery Veterans Educational Assistance Act of 2017 
(Public Law 115–48; 131 Stat. 978). 
SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGIBILITY FOR 
PARTICIPATION 
IN 
YELLOW 
RIBBON 
PROGRAM 
OF 
DEPARTMENT OF VETERANS AFFAIRS. 
Section 3317(a) of title 38, United States Code, is amended— 
(1) by striking ‘‘the full cost of established charges (as 
specified in section 3313)’’ and inserting ‘‘the full cost of tuition 
and fees for a program of education’’; and 
(2) by striking ‘‘those established charges’’ and inserting 
‘‘such tuition and fees’’.
H. R. 7105—10 
SEC. 1009. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR 
INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM OF 
EDUCATION LEADING TO A DEGREE WHILE ON ACTIVE 
DUTY. 
(a) IN GENERAL.—Section 3313(e) of title 38, United States 
Code, is amended— 
(1) in the heading, by inserting ‘‘FOR A PERIOD OF MORE 
THAN 30 DAYS’’ after ‘‘ACTIVE DUTY’’; 
(2) in paragraph (1), by inserting ‘‘for a period of more 
than 30 days’’ after ‘‘active duty’’; and 
(3) in paragraph (2), in the matter preceding subparagraph 
(A), by inserting ‘‘for a period of more than 30 days’’ after 
‘‘active duty’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on August 1, 2022. 
SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF 
RECEIPT OF POST-9/11 EDUCATIONAL ASSISTANCE BENE-
FITS. 
(a) IN GENERAL.—Section 3313 of title 38, United States Code, 
is amended by adding at the end the following new subsection: 
‘‘(l) VERIFICATION
OF ENROLLMENT.—(1) The Secretary shall 
require— 
‘‘(A) each educational institution to submit to the Secretary 
verification of each individual who is enrolled in a course or 
program of education at the educational institution and is 
receiving educational assistance under this chapter— 
‘‘(i) not later than such time as the Secretary deter-
mines reasonable after the date on which the individual 
is enrolled; and 
‘‘(ii) not later than such time as the Secretary deter-
mines reasonable after the last date on which a student 
is able to withdraw from the course or program of education 
without penalty; and 
‘‘(B) each individual who is enrolled in a course or program 
of education and is receiving educational assistance under this 
chapter to submit to the Secretary verification of such enroll-
ment for each month during which the individual is so enrolled 
and receiving such educational assistance. 
‘‘(2) Verification under this subsection shall be in an electronic 
form prescribed by the Secretary. 
‘‘(3) If an individual fails to submit the verification required 
under paragraph (1)(B) for two consecutive months, the Secretary 
may not make a monthly stipend payment to the individual under 
this section until the individual submits such verification.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on August 1, 2021. 
SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM 
ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE 
TRANSFERRED UNDER THE POST 9/11 EDUCATIONAL 
ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Section 3319(c) of title 38, United States 
Code, is amended to read as follows: 
‘‘(c) ELIGIBLE DEPENDENTS.— 
‘‘(1) TRANSFER.—An individual approved to transfer an 
entitlement to educational assistance under this section may
H. R. 7105—11 
transfer the individual’s entitlement to an eligible dependent 
or a combination of eligible dependents. 
‘‘(2) DEFINITION
OF
ELIGIBLE
DEPENDENT.—For purposes 
of this subsection, the term ‘eligible dependent’ has the meaning 
given the term ‘dependent’ under subparagraphs (A), (I), and 
(D) of section 1072(2) of title 10.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall apply with respect to educational assistance payable under 
chapter 33 of title 38, United States Code, before, on, or after 
the date that is 90 days after the date of the enactment of this 
Act. 
SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF EDU-
CATION MAY BE DISAPPROVED. 
(a) IN GENERAL.—Section 3672(b)(2) of title 38, United States 
Code, is amended— 
(1) in subparagraph (A)(i), by inserting or ‘‘or (D)’’ after 
‘‘subparagraph (C)’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(D) A program that is described in subparagraph (A)(i) of 
this paragraph and offered by an educational institution that is 
at risk of losing accreditation shall not be deemed to be approved 
for purposes of this chapter. For purposes of this subparagraph, 
an educational institution is at risk of losing accreditation if that 
educational institution has received from the relevant accrediting 
agency or association a notice described in section 3673(e)(2)(D) 
of this title.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on August 1, 2021. 
SEC. 
1013. 
OVERSIGHT 
OF 
EDUCATIONAL 
INSTITUTIONS 
WITH 
APPROVED PROGRAMS: RISK-BASED SURVEYS. 
(a) RISK-BASED SURVEYS.— 
(1) IN GENERAL.—Subchapter I of chapter 36, United States 
Code, is amended by inserting after section 3673 the following 
new section: 
‘‘§ 3673A. Risk-based surveys 
‘‘(a) DEVELOPMENT REQUIRED.—The Secretary, in partnership 
with State approving agencies, shall develop a searchable risk- 
based survey for oversight of educational institutions with courses 
and programs of education approved under this chapter. 
‘‘(b) SCOPE.—(1) The scope of the risk-based survey developed 
under subsection (a) shall be determined by the Secretary, in part-
nership with the State approving agency. 
‘‘(2) At a minimum the scope determined under paragraph 
(1) shall include the following: 
‘‘(A) Rapid increase in veteran enrollment. 
‘‘(B) Rapid increase in tuition and fees. 
‘‘(C) Complaints tracked and published with the mechanism 
required by section 3698(b)(2) from students pursuing programs 
of education with educational assistance furnished under laws 
administered by the Secretary, based on severity or volume 
of the complaints. 
‘‘(D) Compliance with section 3680A(d)(1) of this title. 
‘‘(E) Veteran completion rates. 
‘‘(F) Indicators of financial stability.
H. R. 7105—12 
‘‘(G) Review of the advertising and recruiting practices 
of the educational institution, including those by third-party 
contractors of the educational institution. 
‘‘(H) Matters for which the Federal Government or a State 
Government brings an action in a court of competent jurisdic-
tion against an educational institution, including matters in 
cases in which the Federal Government or the State comes 
to a settled agreement on such matters outside of the court. 
‘‘(c) DATABASE.—The Secretary, in partnership with the State 
approving agencies under this chapter, shall establish a database 
or use an existing system, as the Secretary considers appropriate, 
to serve as a central repository for information required for or 
collected during site visits for the risk-based survey developed under 
subsection (a), so as to improve future oversight of educational 
institutions with programs of education approved under this 
chapter.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 36 of such title is amended by inserting 
after the item relating to section 3673 the following new item: 
‘‘3673A. Risk-based surveys.’’. 
(b) USE OF STATE APPROVING AGENCIES FOR OVERSIGHT ACTIVI-
TIES.— 
(1) IN GENERAL.—Section 3673(d) of title 38, United States 
Code, is amended— 
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; and 
(B) by striking ‘‘compliance and risk-based surveys’’ 
and inserting ‘‘a risk-based survey developed under section 
3673A of this title’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on October 1, 2022. 
SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO 
GOVERNMENT ACTION FOR PURPOSES OF THE EDU-
CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 3673 of title 38, United States Code, 
is amended by adding at the end the following new subsection: 
‘‘(e) NOTICE OF GOVERNMENT ACTION.—(1)(A) If the Secretary 
receives notice described in paragraph (2), or otherwise becomes 
aware of an action or event described in paragraph (3), with respect 
to an educational institution, the Secretary shall transmit such 
notice or provide notice of such action or event to the State 
approving agency for the State where the educational institution 
is located by not later than 30 days after the date on which the 
Secretary receives such notice or becomes aware of such action 
or event. 
‘‘(B) If a State approving agency receives notice as described 
in paragraph (2), or otherwise becomes aware of an action or event 
described in paragraph (3), with respect to an educational institu-
tion, other than from the Secretary pursuant to subparagraph (A) 
of this paragraph, the State approving agency shall immediately 
notify the Secretary. 
‘‘(C) Not later than 60 days after the date on which a State 
approving agency receives notice under subparagraph (A), receives 
notice as described in subparagraph (B), or becomes aware as
H. R. 7105—13 
described in such subparagraph, as the case may be, regarding 
an educational institution, such State approving agency shall— 
‘‘(i) complete a risk-based survey of such educational 
institution; and 
‘‘(ii) provide the Secretary with— 
‘‘(I) a complete report on the findings of the State 
approving agency with respect to the risk-based survey 
completed under clause (i) and any actions taken as a 
result of such findings; and 
‘‘(II) any supporting documentation and pertinent 
records. 
‘‘(2) Notice described in this paragraph is any of the following: 
‘‘(A) Notice from the Secretary of Education of an event 
under paragraph (3)(A). 
‘‘(B) Notice of an event under paragraph (3)(B). 
‘‘(C) Notice from a State of an action taken by that State 
under paragraph (3)(C). 
‘‘(D) Notice provided by an accrediting agency or association 
of an action described in paragraph (3)(D) taken by that agency 
or association. 
‘‘(E) Notice that the Secretary of Education has placed 
the educational institution on provisional certification status. 
‘‘(3) An action or event under this paragraph is any of the 
following: 
‘‘(A) The receipt by an educational institution of payments 
under the heightened cash monitoring level 2 payment method 
pursuant to section 487(c)(1)(B) of the Higher Education Act 
of 1965 (20 U.S.C. 1094). 
‘‘(B) Punitive action taken by the Attorney General, the 
Federal Trade Commission, or any other Federal department 
or agency for misconduct or misleading marketing practices 
that would violate the standards defined by the Secretary of 
Veterans Affairs. 
‘‘(C) Punitive action taken by a State against an educational 
institution. 
‘‘(D) The loss, or risk of loss, by an educational institution 
of an accreditation from an accrediting agency or association, 
including notice of probation, suspension, an order to show 
cause relating to the educational institution’s academic policies 
and practices or to its financial stability, or revocation of 
accreditation. 
‘‘(E) The placement of an educational institution on provi-
sional certification status by the Secretary of Education. 
‘‘(4) If a State approving agency disapproves or suspends an 
educational institution, the State approving agency shall provide 
notice of such disapproval or suspension to the Secretary and to 
all other State approving agencies. 
‘‘(5) This subsection shall be carried out using amounts made 
available pursuant to section 3674(a)(4) of this title as long as 
such amounts remain available. 
‘‘(6) For each notice transmitted or provided to a State 
approving agency under paragraph (1) with respect to an edu-
cational institution, the Secretary shall ensure the careful review 
of— 
‘‘(A) to the extent possible, the action that gave rise to 
such notice; and
H. R. 7105—14 
‘‘(B) any other action against the educational institution 
by any Federal or State government entity or by the educational 
institution’s accreditor. 
‘‘(7) In this subsection, the term ‘risk-based survey’ means 
the risk-based survey developed under section 3673A of this title.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on August 1, 2021. 
SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDU-
CATIONAL INSTITUTIONS FOR PURPOSES OF THE EDU-
CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 3675 of title 38, United States Code, 
is amended— 
(1) in subsection (b), by adding at the end the following 
new paragraph: 
‘‘(4) The educational institution is approved and partici-
pates in a program under title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has 
waived the requirement under this paragraph with respect 
to an educational institution and submits to the Committee 
on Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives notice of such 
waiver.’’. 
(2) by adding at the end the following new subsection: 
‘‘(d)(1) The Secretary shall submit to Congress an annual report 
on any waivers issued pursuant to subsection (b)(4) or section 
3672(b)(2)(A)(i) of this title. 
‘‘(2) Each report submitted under paragraph (1) shall include, 
for the year covered by the report, the following: 
‘‘(A) The name of each educational institution for which 
a waiver was issued. 
‘‘(B) The justification for each such waiver. 
‘‘(C) The total number of waivers issued.’’. 
(b) REQUIREMENT
FOR
APPROVAL
OF
STANDARD
COLLEGE 
DEGREE PROGRAMS.—Clause (i) of section 3672(b)(2)(A) of such title 
is amended to read as follows: 
‘‘(i) Except as provided in subparagraph (C) or (D), 
an accredited standard college degree program offered at 
a public or not-for-profit proprietary educational institution 
that— 
‘‘(I) is accredited by an agency or association recog-
nized for that purpose by the Secretary of Education; 
and 
‘‘(II) is approved and participates in a program 
under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.), unless the Secretary has 
waived the requirement to participate in a program 
under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.).’’. 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect on August 1, 2021. 
SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS 
FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE PRO-
GRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Paragraphs (14)(B) and (15)(B) of section 
3676(c) of title 38, United States Code, are each amended—
H. R. 7105—15 
(1) by striking ‘‘an accrediting agency’’ both places it 
appears and inserting ‘‘a specialized accrediting agency for pro-
grams of legal education’’; and 
(2) by inserting before the period the following: ‘‘, from 
which recipients of law degrees from such accredited programs 
are eligible to sit for a bar examination in any State’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on August 1, 2021. 
SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A 
COURSE FOR PURPOSES OF THE EDUCATIONAL ASSIST-
ANCE PROGRAMS OF THE DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) IN GENERAL.—Section 3679 of title 38, United States Code, 
is amended— 
(1) by inserting ‘‘(including failure to comply with a risk- 
based survey under this chapter or secure an affirmation of 
approval by the appropriate State approving agency following 
the survey)’’ after ‘‘requirements of this chapter’’; and 
(2) by adding at the end the following new subsection: 
‘‘(f) In this section, the term ‘risk-based survey’ means a risk- 
based survey developed under section 3673A(a) of this title.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on August 1, 2021. 
SEC. 
1018. 
REQUIREMENTS 
FOR 
EDUCATIONAL 
INSTITUTIONS 
PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PRO-
GRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 3679 of title 38, United States Code, 
as amended by section 1017 of this title, is further amended by 
adding at the end the following new subsection: 
‘‘(f)(1) Except as provided by paragraph (5), a State approving 
agency, or the Secretary when acting in the role of the State 
approving agency, shall take an action described in paragraph 
(4)(A) if the State approving agency or the Secretary, when acting 
in the role of the State approving agency, determines that an 
educational institution does not perform any of the following: 
‘‘(A) Prior to the enrollment of a covered individual in 
a course of education at the educational institution, provide 
the individual with a form that contains information personal-
ized to the individual that describes— 
‘‘(i) the estimated total cost of the course, including 
tuition, fees, books, supplies, and any other additional costs; 
‘‘(ii) an estimate of the cost for living expenses for 
students enrolled in the course; 
‘‘(iii) the amount of the costs under clauses (i) and 
(ii) that are covered by the educational assistance provided 
to the individual under chapter 30, 31, 32, 33, or 35 of 
this title, or chapter 1606 or 1607 of title 10, as the case 
may be; 
‘‘(iv) the type and amount of Federal financial aid 
not administered by the Secretary and financial aid offered 
by the institution that the individual may qualify to receive; 
‘‘(v) an estimate of the amount of student loan debt 
the individual would have upon graduation; 
‘‘(vi) information regarding graduation rates; 
‘‘(vii) job-placement rates for graduates of the course, 
if available;
H. R. 7105—16 
‘‘(viii) information regarding the acceptance by the 
institution of transfer of credits, including military credits; 
‘‘(ix) any conditions or additional requirements, 
including training, experience, or examinations, required 
to obtain the license, certification, or approval for which 
the course of education is designed to provide preparation; 
and 
‘‘(x) other information to facilitate comparison by the 
individual of aid packages offered by different educational 
institutions. 
‘‘(B) Not later than 15 days after the date on which the 
institution (or the governing body of the institution) determines 
tuition rates and fees for an academic year that is different 
than the amount being charged by the institution, provide 
a covered individual enrolled in a course of education at the 
educational institution with the form under subparagraph (A) 
that contains updated information. 
‘‘(C) Maintain policies to— 
‘‘(i) inform each covered individual enrolled in a course 
of education at the educational institution of the avail-
ability of Federal financial aid not administered by the 
Secretary and financial aid offered by the institution; and 
‘‘(ii) alert such individual of the potential eligibility 
of the individual for such financial aid before packaging 
or arranging student loans or alternative financing pro-
grams for the individual. 
‘‘(D) Maintain policies to— 
‘‘(i) prohibit the automatic renewal of a covered indi-
vidual in courses and programs of education; and 
‘‘(ii) ensure that each covered individual approves of 
the enrollment of the individual in a course. 
‘‘(E) Provide to a covered individual enrolled in a course 
of education at the educational institution with information 
regarding the requirements to graduate from such course, 
including information regarding when required classes will be 
offered and a timeline to graduate. 
‘‘(F) With respect to an accredited educational institution, 
obtain the approval of the accrediting agency for each new 
course or program of the institution before enrolling covered 
individuals in such courses or programs if the accrediting 
agency determines that such approval is appropriate under 
the substantive change requirements of the accrediting agency 
regarding the quality, objectives, scope, or control of the institu-
tion. 
‘‘(G) Maintain a policy that— 
‘‘(i) ensures that members of the Armed Forces, 
including the reserve components and the National Guard, 
who enroll in a course of education at the educational 
institution may be readmitted at such institution if such 
members are temporarily unavailable or have to suspend 
such enrollment by reason of serving in the Armed Forces; 
and 
‘‘(ii) otherwise accommodates such members during 
short absences by reason of such service. 
‘‘(H) Designate an employee of the educational institution 
to serve as a point of contact for covered individuals and the 
family of such individuals needing assistance with respect to
H. R. 7105—17 
academic counseling, financial counseling, disability counseling, 
and other information regarding completing a course of edu-
cation at such institution, including by referring such individ-
uals and family to the appropriate persons for such counseling 
and information. 
‘‘(2) Except as provided by paragraph (5), a State approving 
agency, or the Secretary when acting in the role of the State 
approving agency, shall take an action described in paragraph 
(4)(A) if the State approving agency, the Secretary, or any Federal 
agency, determines that an educational institution does any of 
the following: 
‘‘(A) Carries out deceptive or persistent recruiting tech-
niques, including on military installations, that may include— 
‘‘(i) 
misrepresentation 
(as 
defined 
in 
section 
3696(e)(2)(B) of this title) or payment of incentive com-
pensation; 
‘‘(ii) during any 1-month period making three or more 
unsolicited contacts to a covered individual, including con-
tacts by phone, email, or in-person; or 
‘‘(iii) engaging in same-day recruitment and registra-
tion. 
‘‘(B) Pays inducements, including any gratuity, favor, dis-
count, entertainment, hospitality, loan, transportation, lodging, 
meals, or other item having a monetary value of more than 
a de minimis amount, to any individual or entity, or its agents 
including third party lead generators or marketing firms other 
than salaries paid to employees or fees paid to contractors 
in conformity with all applicable laws for the purpose of 
securing enrollments of covered individuals or obtaining access 
to educational assistance under this title, with the exception 
of scholarships, grants, and tuition reductions provided by the 
educational institution. 
‘‘(3) A State approving agency, or the Secretary when acting 
in the role of the State approving agency, shall take an action 
described in paragraph (4)(A) if the State approving agency or 
the Secretary, when acting in the role of the State approving 
agency, determines that an educational institution is the subject 
of a negative action made by the accrediting agency that accredits 
the institution, including any of the following: 
‘‘(A) Accreditor sanctions. 
‘‘(B) Accreditation probation. 
‘‘(C) The loss of accreditation or candidacy for accreditation. 
‘‘(4)(A) An action described in this subparagraph is any of 
the following: 
‘‘(i) Submitting to the Secretary a recommendation that 
the Secretary publish a warning on the internet website of 
the Department described in section 3698(c)(2) of this title, 
or such other similar internet website of the Department, that 
describes how an educational institution is failing to meet a 
requirement under paragraph (1), (2), or (3). 
‘‘(ii) Disapproving a course for purposes of this chapter. 
‘‘(B)(i) The Secretary shall establish guidelines to ensure that 
the actions described in subparagraph (A) are applied in a propor-
tional and uniform manner by State approving agencies, or the 
Secretary when acting in the role of the State approving agency.
H. R. 7105—18 
‘‘(ii) Each State approving agency and the Secretary, when 
acting in the role of the State approving agency, shall adhere 
to the guidelines established under clause (i). 
‘‘(C) The State approving agency, in consultation with the Sec-
retary, or the Secretary when acting in the role of the State 
approving agency, may limit an action described in subparagraph 
(A)(ii) to individuals not enrolled at the educational institution 
before the period described in such subparagraph. 
‘‘(5)(A) The Secretary may waive the requirements of paragraph 
(1) or waive the requirements of paragraph (2) with respect to 
an educational institution for a 1-academic-year period beginning 
in August of the year in which the waiver is made. A single 
educational institution may not receive waivers under this para-
graph for more than 2 consecutive academic years. 
‘‘(B) To be considered for a waiver under this paragraph, an 
educational institution shall submit to the Secretary an application 
prior to the first day of the academic year for which the waiver 
is sought. 
‘‘(6) Not later than October 1 of each year, the Secretary shall 
submit to the Committee on Veterans’ Affairs of the Senate and 
the Committee on Veterans’ Affairs of the House of Representatives 
the following reports: 
‘‘(A) A report, which shall be made publicly available, that 
includes the following: 
‘‘(i) A summary of each action described in paragraph 
(4)(A) made during the year covered by the report, 
including— 
‘‘(I) the name of the educational institution; 
‘‘(II) the type of action taken; 
‘‘(III) the rationale for the action, including how 
the educational institution was not in compliance with 
this subsection; 
‘‘(IV) the length of time that the educational 
institution was not in such compliance; and 
‘‘(V) whether the educational institution was also 
not in compliance with this subsection during any of 
the 2 years prior to the year covered by the report. 
‘‘(ii) A summary and justifications for the waivers made 
under paragraph (5) during the year covered by the report, 
including the total number of waivers each educational 
institution has received. 
‘‘(B) A report containing the recommendations of the Sec-
retary with respect to any legislative actions the Secretary 
determines appropriate to ensure that this subsection is carried 
out in a manner that is consistent with the requirements that 
educational institutions must meet for purposes of other depart-
ments or agencies of the Federal Government. 
‘‘(7) In this subsection, the term ‘covered individual’ means 
an individual who is pursuing a course of education at an edu-
cational institution under chapter 30, 31, 32, 33, or 35 of this 
title, or chapter 1606 or 1607 of title 10.’’. 
(b) APPLICATION DATE.—The amendment made by this section 
shall take effect on June 15, 2021, and shall apply to an educational 
institution beginning on August 1, 2021, except that an educational 
institution may submit an application for a waiver under subsection 
(f)(5) of section 3679 of title 38, United States Code, as added 
by subsection (a), beginning on June 15, 2021.
H. R. 7105—19 
SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS. 
(a) IN GENERAL.—Subsection (b) of section 3685 of title 38, 
United States Code, is amended to read as follows: 
‘‘(b) Any overpayment to a veteran or eligible person with 
respect to pursuit by the veteran or eligible person of a program 
of education at an educational institution shall constitute a liability 
of the educational institution to the United States if— 
‘‘(1) the Secretary finds that the overpayment has been 
made as the result of— 
‘‘(A) the willful or negligent failure of an educational 
institution to report, as required under this chapter or 
chapter 34 or 35 of this title, to the Department of Veterans 
Affairs excessive absences from a course, or discontinuance 
or interruption of a course by the veteran or eligible person; 
or 
‘‘(B) the willful or negligent false certification by an 
educational institution; or 
‘‘(2) the benefit payment sent to an educational institution 
on behalf of an eligible veteran or person is made pursuant 
to— 
‘‘(A) section 3313(h) of this title; 
‘‘(B) section 3317 of this title; or 
‘‘(C) section 3680(d) of this title; or 
‘‘(D) section 3320(d) of this title.’’. 
(b) CLARIFYING AMENDMENT.—Subsection (a) of such section 
is further amended by inserting ‘‘relating to educational assistance 
under a law administered by the Secretary’’ after ‘‘made to a veteran 
or eligible person’’. 
SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING, 
SALES, AND ENROLLMENT PRACTICES. 
(a) PROHIBITION ON SUBSTANTIAL MISREPRESENTATION.— 
(1) IN GENERAL.—Section 3696 of title 38, United States 
Code, is amended to read as follows: 
‘‘§ 3696. Prohibition on certain advertising, sales, and enroll-
ment practices 
‘‘(a) PROHIBITION ON ENGAGING IN SUBSTANTIAL MISREPRESEN-
TATION.—An educational institution with a course or program of 
education approved under this chapter, and an entity that owns 
such an educational institution, shall not engage in substantial 
misrepresentation described in subsection (b). 
‘‘(b) 
SUBSTANTIAL
MISREPRESENTATION
DESCRIBED.—(1) 
Substantial misrepresentation described in this paragraph is 
substantial misrepresentation by an educational institution, a rep-
resentative of the institution, or any person with whom the institu-
tion has an agreement to provide educational programs, marketing, 
advertising, recruiting or admissions services, concerning any of 
the following: 
‘‘(A) The nature of the educational program of the institu-
tion, including misrepresentation regarding— 
‘‘(i) the particular type, specific source, or nature and 
extent, of the accreditation of the institution or a course 
of education at the institution; 
‘‘(ii) whether a student may transfer course credits 
to another institution;
H. R. 7105—20 
‘‘(iii) conditions under which the institution will accept 
transfer credits earned at another institution; 
‘‘(iv) whether successful completion of a course of 
instruction qualifies a student— 
‘‘(I) for acceptance to a labor union or similar 
organization; or 
‘‘(II) to receive, to apply to take, or to take an 
examination required to receive a local, State, or Fed-
eral 
license, 
or 
a 
nongovernmental 
certification 
required as a precondition for employment, or to per-
form certain functions in the States in which the edu-
cational program is offered, or to meet additional condi-
tions that the institution knows or reasonably should 
know are generally needed to secure employment in 
a recognized occupation for which the program is rep-
resented to prepare students; 
‘‘(v) the requirements for successfully completing the 
course of study or program and the circumstances that 
would constitute grounds for terminating the student’s 
enrollment; 
‘‘(vi) whether the courses of education at the institution 
are recommended or have been the subject of unsolicited 
testimonials or endorsements by— 
‘‘(I) vocational counselors, high schools, colleges, 
educational organizations, employment agencies, mem-
bers of a particular industry, students, former stu-
dents, or others; or 
‘‘(II) officials of a local or State government or 
the Federal Government; 
‘‘(vii) the size, location, facilities, or equipment of the 
institution; 
‘‘(viii) the availability, frequency, and appropriateness 
of the courses of education and programs to the employment 
objectives that the institution states the courses and pro-
grams are designed to meet; 
‘‘(ix) the nature, age, and availability of the training 
devices or equipment of the institution and the appropriate-
ness to the employment objectives that the institution 
states the courses and programs are designed to meet; 
‘‘(x) the number, availability, and qualifications, 
including the training and experience, of the faculty and 
other personnel of the institution; 
‘‘(xi) the availability of part-time employment or other 
forms of financial assistance; 
‘‘(xii) the nature and availability of any tutorial or 
specialized instruction, guidance and counseling, or other 
supplementary assistance the institution will provide stu-
dents before, during, or after the completion of a course 
of education; 
‘‘(xiii) the nature or extent of any prerequisites estab-
lished for enrollment in any course of education; 
‘‘(xiv) the subject matter, content of the course of edu-
cation, or any other fact related to the degree, diploma, 
certificate of completion, or any similar document that 
the student is to be, or is, awarded upon completion of 
the course of education; and
H. R. 7105—21 
‘‘(xv) whether the degree that the institution will confer 
upon completion of the course of education has been author-
ized by the appropriate State educational agency, including 
with respect to cases where the institution fails to disclose 
facts regarding the lack of such authorization in any adver-
tising or promotional materials that reference such degree. 
‘‘(B) The financial charges of the institution, including mis-
representation regarding— 
‘‘(i) offers of scholarships to pay all or part of a course 
charge; 
‘‘(ii) whether a particular charge is the customary 
charge at the institution for a course; 
‘‘(iii) the cost of the program and the refund policy 
of the institution if the student does not complete the 
program; 
‘‘(iv) the availability or nature of any financial assist-
ance offered to students, including a student’s responsibility 
to repay any loans, regardless of whether the student is 
successful in completing the program and obtaining employ-
ment; and 
‘‘(v) the student’s right to reject any particular type 
of financial aid or other assistance, or whether the student 
must apply for a particular type of financial aid, such 
as financing offered by the institution. 
‘‘(C) The employability of the graduates of the institution, 
including misrepresentation regarding— 
‘‘(i) the relationship of the institution with any 
organization, employment agency, or other agency pro-
viding authorized training leading directly to employment; 
‘‘(ii) the plans of the institution to maintain a place-
ment service for graduates or otherwise assist graduates 
to obtain employment; 
‘‘(iii) the knowledge of the institution about the current 
or likely future conditions, compensation, or employment 
opportunities in the industry or occupation for which the 
students are being prepared; 
‘‘(iv) job market statistics maintained by the Federal 
Government in relation to the potential placement of the 
graduates of the institution; and 
‘‘(v) other requirements that are generally needed to 
be employed in the fields for which the training is provided, 
such as requirements related to commercial driving licenses 
or permits to carry firearms, and failing to disclose factors 
that would prevent an applicant from qualifying for such 
requirements, such as prior criminal records or preexisting 
medical conditions. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘misleading statement’ includes any commu-
nication, action, omission, or intimation made in writing, vis-
ually, orally, or through other means, that has the likelihood 
or tendency to mislead the intended recipient of the communica-
tion under the circumstances in which the communication is 
made. Such term includes the use of student endorsements 
or testimonials for an educational institution that a student 
gives to the institution either under duress or because the 
institution required the student to make such an endorsement 
or testimonial to participate in a program of education.
H. R. 7105—22 
‘‘(B) The term ‘misrepresentation’ means any false, erro-
neous, or misleading statement, action, omission, or intimation 
made directly or indirectly to a student, a prospective student, 
the public, an accrediting agency, a State agency, or to the 
Secretary by an eligible institution, one of its representatives, 
or any person with whom the institution has an agreement 
to provide educational programs, marketing, advertising, 
recruiting or admissions services. 
‘‘(C) The term ‘substantial misrepresentation’ means mis-
representation in which the person to whom it was made could 
reasonably be expected to rely, or has reasonably relied, to 
that person’s detriment. 
‘‘(c) LIMITATION
ON CERTAIN COMMISSIONS, BONUSES, AND 
OTHER INCENTIVE PAYMENTS.—An educational institution with a 
course or program of education approved under this chapter, and 
an entity that owns such an educational institution, shall not pro-
vide any commission, bonus, or other incentive payment based 
directly or indirectly on success in securing enrollments or financial 
aid to any persons or entities engaged in any student recruiting 
or admission activities or in making decisions regarding the award 
of student financial assistance. 
‘‘(d) REQUIREMENT
TO
MAINTAIN
RECORDS.—(1) To ensure 
compliance with this section, any educational institution offering 
courses approved for the enrollment of eligible persons or veterans 
shall maintain a complete record of all advertising, sales, or enroll-
ment materials (and copies thereof) utilized by or on behalf of 
the institution during the preceding two-year period. Such record 
shall be available for inspection by the State approving agency 
or the Secretary. 
‘‘(2) Such materials shall include but are not limited to any 
direct mail pieces, brochures, printed literature used by sales per-
sons, films, video tapes, and audio tapes disseminated through 
broadcast media, material disseminated through print, digital, or 
electronic media, tear sheets, leaflets, handbills, fliers, and any 
sales or recruitment manuals used to instruct sales personnel, 
agents, or representatives of such institution. 
‘‘(e) AGREEMENT WITH FEDERAL TRADE COMMISSION.—(1) The 
Secretary shall, pursuant to section 3694 of this title, enter into 
an agreement with the Federal Trade Commission to utilize, where 
appropriate, its services and facilities, consistent with its available 
resources, in carrying out investigations and making the Under 
Secretary of Benefit’s preliminary findings under subsection (g)(1). 
‘‘(2) Such agreement shall provide that cases arising under 
subsection (a) of this section or any similar matters with respect 
to any of the requirements of this chapter or chapters 34 and 
35 of this title may be referred to the Federal Trade Commission 
which in its discretion will conduct an investigation and make 
preliminary findings. 
‘‘(3) The findings and results of any investigation under para-
graph (2) shall be referred to the Under Secretary for Benefits, 
who shall take appropriate action under subsection (g) in such 
cases not later than 60 days after the date of such referral. 
‘‘(f) FINAL JUDGMENTS FROM OTHER FEDERAL AGENCIES.— 
Whenever the Secretary becomes aware of a final judgment by 
a Federal agency against an educational institution or owner of 
an educational institution pertaining to substantial misrepresenta-
tion described in subsection (b) or of other credible evidence relating
H. R. 7105—23 
to a violation of subsection (a), the Secretary, in partnership with 
the applicable State approving agency, shall— 
‘‘(1) within 30 days, alert the educational institution or 
owner that it is at risk of losing approval under this chapter 
of its courses or programs of education; 
‘‘(2) provide the educational institution or owner 60 days 
to provide any information it wishes to the Secretary; 
‘‘(3) require the educational institution or owner to submit 
to the Secretary a report prepared by an approved third-party 
auditor of the advertising and enrollment practices of the edu-
cational institution or owner; and 
‘‘(4) refer the matter to the Under Secretary of Benefits, 
who may thereafter make a preliminary finding under sub-
section (g). 
‘‘(g) PRELIMINARY FINDINGS, FINAL DETERMINATIONS, AND PROC-
ESSES.—(1) The Under Secretary for Benefits shall make prelimi-
nary findings and final determinations on violations of subsections 
(a), (c), and (d). 
‘‘(2)(A) The Under Secretary shall establish a process for making 
preliminary findings and final determinations under paragraph (1). 
‘‘(B) The process established under subparagraph (A) shall— 
‘‘(i) clearly define what triggers an oversight visit by the 
Under Secretary for purposes of enforcing subsections (a), (c), 
and (d); 
‘‘(ii) set forth factors an educational institution, or the 
owner of the educational institution, must meet in order to 
retain approval status under this section, including with respect 
to the factors set forth under subsection (h)(2); 
‘‘(iii) include a process for the provision of notice to an 
educational institution, or the owner of the educational institu-
tion, that the Under Secretary has made a preliminary finding 
under paragraph (1) that the education institution or owner 
has violated subsection (a), (c), or (d), which the Under Sec-
retary shall provide to the educational institution or owner 
within such period after making the preliminary finding as 
the Under Secretary shall establish for purposes of this clause, 
except that, in every case, such period shall end before the 
date on which the Under Secretary makes a final determination 
under such paragraph; and 
‘‘(iv) include— 
‘‘(I) a process for receipt of findings from a third-party 
pertinent to this section; and 
‘‘(II) a process for an educational institution or an 
owner to provide such information as the educational 
institution or owner determines appropriate to the Sec-
retary, including information about corrective actions the 
educational institution or owner may have taken in 
response to preliminary findings under paragraph (1). 
‘‘(C) The process established under subparagraph (A) shall not 
prohibit a State approving agency from— 
‘‘(i) independently investigating a potential violation of sub-
section (a), (c), or (d); or 
‘‘(ii) taking action if the State approving agency finds a 
violation of subsection (a), (c), or (d). 
‘‘(3) Upon a preliminary finding under this subsection of a 
violation of subsection (a), (c), or (d) by an educational institution, 
or the owner of an educational institution, the Under Secretary
H. R. 7105—24 
shall require the educational institution or owner to submit to 
the Under Secretary a report prepared by an approved third-party 
auditor of the advertising and enrollment practices of the edu-
cational institution or owner. 
‘‘(4)(A) Before making a final determination under this sub-
section regarding a violation of subsection (a), (c), or (d) by an 
educational institution or owner of an educational institution, the 
Under Secretary shall— 
‘‘(i) review the practices of the educational institution or 
owner that pertain to activities and practices covered by sub-
sections (a), (c), and (d); 
‘‘(ii) consider the results of a risk-based survey conducted 
by a State approving agency, if available; and 
‘‘(iii) review— 
‘‘(I) the findings and information received pursuant 
to the processes established under paragraph (2)(B)(iii); 
‘‘(II) in a case in which a report was submitted under 
subsection (f)(3), such report; 
‘‘(III) the report submitted under paragraph (3)(B) of 
this subsection; 
‘‘(IV) any findings and results submitted under sub-
section (e)(3); 
‘‘(V) the marketing and outreach material of the edu-
cational institution and the contractors of the educational 
institution. 
‘‘(B) The Under Secretary may not make a final determination 
under this subsection solely based on preliminary findings. 
‘‘(5) The Under Secretary may not delegate authority to make 
a final determination under this subsection, including to any 
employee of the Department or to the Federal Trade Commission. 
‘‘(h) ENFORCEMENT.—(1)(A) Upon a final determination by the 
Under Secretary for Benefits under subsection (g) that an edu-
cational institution or the owner of an educational institution vio-
lated subsection (a), (c), or (d), the Under Secretary shall, but 
subject to subparagraphs (B), (C), and (D) of this paragraph, take 
one of the following actions independent of any actions taken under 
section 3690 of this title: 
‘‘(i) Publish a caution flag on the GI Bill Comparison Tool, 
or successor tool, about that educational institution and alert 
its currently enrolled eligible veterans and eligible persons. 
‘‘(ii) Suspend the approval of the courses and programs 
of education offered by the educational institution by dis-
approving new enrollments of eligible veterans and eligible 
persons in each course or program of education offered by 
that educational institution. 
‘‘(iii) Revoke the approval of the courses and programs 
of education offered by the educational institution by dis-
approving all enrollments of eligible veterans and eligible per-
sons in each course or program of education offered by that 
educational institution. 
‘‘(B) In deciding upon a course of action under subparagraph 
(A), for the first violation of this section, the Secretary shall consider 
the factors set forth in paragraph (2). 
‘‘(C) Subject to subsection (i), any repeat violation and final 
finding within five years of the first violation of this section shall 
result in—
H. R. 7105—25 
‘‘(i) a suspension of approval of new enrollments as 
described in subparagraph (A)(ii) of this paragraph until 
reinstatement under subsection (j); or 
‘‘(ii) a revocation of approval under this chapter as 
described in subparagraph (A)(iii) of this paragraph until 
reinstatement under subsection (j). 
‘‘(D) Subject to subsection (i), any third violation within three 
years of the second violation of this section shall result in revocation 
of approval under this chapter as described in subparagraph (A)(iii) 
of this paragraph until reinstatement under subsection (j). 
‘‘(E) Any action taken under subparagraph (A) of this paragraph 
regarding a violation of subsection (a), (c), or (d) by an educational 
institution or the owner of an educational institution shall be taken 
on or before the date that is 180 days after the date on which 
the Under Secretary provided notice to the educational institution 
or owner regarding the violation in accordance with the process 
established under subsection (g)(2)(B)(iii). 
‘‘(2) The factors set forth in this paragraph are the following: 
‘‘(A) That the Secretary’s action brings sufficient deterrence 
for future fraud against students and the programs of education 
carried out under this title. Fraud against veterans must be 
met with a repercussion strong enough to send a deterrent 
message to this and other educational institutions and owners. 
‘‘(B) That the educational institution has secured an 
approved third-party auditor to verify the educational institu-
tion’s, or owner’s, advertising and enrollment practices for at 
least three years going forward. 
‘‘(C) That the educational institution or owner has repudi-
ated the deceptive practices and has communicated to all 
employees that deceptive practices will not be tolerated, and 
has instituted strong governance procedures to prevent recur-
rence. 
‘‘(D) That the educational institution has taken steps to 
remove any pressure on its enrollment recruiters, including 
by removing enrollment quotas and incentives for enrollment. 
‘‘(E) That the State approving agency or the Secretary 
acting in the role of the State approving agency, has completed 
a risk-based survey and determined the educational institution 
is worthy of serving eligible veterans and eligible persons. 
‘‘(3) Enforcement action under this section shall not preclude 
enforcement action under section 3690 of this title. 
‘‘(4) No action may be carried out under this subsection with 
respect to a final determination by the Under Secretary under 
subsection (g) while such final determination is pending review 
under subsection (i). 
‘‘(i) APPEALS.—(1) The Secretary shall establish a process by 
which an educational institution or the owner of an educational 
institution that is the subject of more than one final determination 
by the Under Secretary under subsection (g)(1) that the educational 
institution or owner violated subsection (a), may request a review 
of the most recent final determination. 
‘‘(2)(A) The Secretary shall— 
‘‘(i) review each final determination for which a review 
is requested under paragraph (1); and 
‘‘(ii) pursuant to such review, issue a final decision sus-
taining, modifying, or overturning the final determination.
H. R. 7105—26 
‘‘(B) The Secretary may not delegate any decision under 
subparagraph (A). 
‘‘(C)(i) Review under subparagraph (A)(i) of this paragraph 
shall be the exclusive avenue for review of a final determination 
under subsection (g)(1). 
‘‘(ii) A decision issued pursuant to a review under subparagraph 
(A)(i) may not be appealed to the Secretary for review under section 
7104(a) of this title. 
‘‘(3)(A) Not later than 30 days after the date on which the 
Secretary issues a final decision under paragraph (2)(A)(ii), the 
Secretary shall submit to Congress a report on such final decision. 
‘‘(B) A report submitted under subparagraph (A) shall include 
the following: 
‘‘(i) An outline of the decisionmaking process of the Sec-
retary that led to the final decision described in subparagraph 
(A). 
‘‘(ii) Any relevant material used to make the final decision 
under paragraph (2)(A)(ii), including risk-based surveys and 
documentation from the educational institution or the owners 
of the educational institution. 
‘‘(iii) Materials that were submitted to the Secretary after 
the date of the final determination under subsection (g) that 
was the subject of the final decision under paragraph (2)(A)(ii) 
of this subsection and before the date on which the Secretary 
issued such final decision. 
‘‘(j) REINSTATEMENT
OF
APPROVAL.—(1) If an educational 
institution or the owner of an educational institution has had the 
approval of the courses or programs of education of the educational 
institution suspended as described in clause (ii) of subsection 
(h)(1)(A) or revoked as described in clause (iii) of such subsection 
for a violation of subsection (a), (c), or (d) pursuant to subparagraph 
(C) or (D) of subsection (h)(1), the educational institution or owner 
may submit to the applicable State approving agency or the Sec-
retary when acting as a State approving agency an application 
for reinstatement of approval under this subsection. 
‘‘(2) Approval under this chapter may not be reinstated under 
this subsection until— 
‘‘(A) the educational institution or owner submits to the 
applicable State approving agency or the Secretary when acting 
as a State approving agency an application for reinstatement 
of approval under paragraph (1); 
‘‘(B) the date that is 540 days after the date of the most 
recent suspension or revocation described in paragraph (1) of 
the educational institution or owner; 
‘‘(C) the educational institution submits a report by an 
approved third-party auditor on the advertising and enrollment 
practices of the educational institution, including those of its 
third-party contractors; 
‘‘(D) procedures are in place to prevent any future violation 
of subsection (a), (c), or (d); 
‘‘(E) that the educational institution has met all factors 
set forth in subsection (h)(2); and 
‘‘(F) the Secretary agrees to such reinstatement. 
‘‘(k) RULE
OF CONSTRUCTION REGARDING STATE APPROVING 
AGENCIES AND RISK-BASED SURVEYS.—Nothing in this section shall 
be construed to prohibit a State approving agency from conducting
H. R. 7105—27 
any risk-based survey the State approving agency considers appro-
priate at any educational institution that it considers appropriate 
for oversight purposes. 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) The term ‘approved third-party auditor’ means an inde-
pendent third-party auditor that is approved by the Secretary 
for purposes of third-party audits under this section. 
‘‘(2) The term ‘risk-based survey’ means the risk-based 
survey developed under section 3673A of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 36 of such title is amended by striking 
the item relating to section 3696 and inserting the following 
new item: 
‘‘3696. Prohibition on certain advertising, sales, and enrollment practices.’’. 
(b) REQUIREMENTS FOR NONACCREDITED COURSES.—Paragraph 
(10) of section 3676(c) of such title is amended to read as follows: 
‘‘(10) The institution, and any entity that owns the institu-
tion, does not engage in substantial misrepresentation described 
in section 3696(e) of this title. The institution shall not be 
deemed to have met this requirement until the State approving 
agency— 
‘‘(A) has ascertained that no Federal department or 
agency has taken a punitive action, not including a settle-
ment agreement, against the school for misleading or decep-
tive practices; 
‘‘(B) has, if such an order has been issued, given due 
weight to that fact; and 
‘‘(C) has reviewed the complete record of advertising, 
sales, or enrollment materials (and copies thereof) used 
by or on behalf of the institution during the preceding 
12-month period.’’. 
(c) APPLICATION DATE.—The amendments made by this section 
shall take effect on August 1, 2021. 
SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
FOR INDIVIDUALS WHO DO NOT TRANSFER CREDITS 
FROM CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF 
EDUCATION. 
(a) IN GENERAL.—Subsection (c) of section 3699 of title 38, 
United States Code, is amended to read as follows: 
‘‘(c) PERIOD NOT CHARGED.—(1) The period for which, by reason 
of this subsection, educational assistance is not charged against 
entitlement or counted toward the applicable aggregate period 
under section 3695 of this title shall not exceed the aggregate 
of— 
‘‘(A) the portion of the period of enrollment in the course 
from which the individual did not receive credit or with respect 
to which the individual lost training time, as determined under 
subsection (b)(2); and 
‘‘(B) the period by which a monthly stipend is extended 
under section 3680(a)(2)(B) of this title. 
‘‘(2)(A) An individual described in subparagraph (B) who trans-
fers fewer than 12 credits from a program of education that is 
closed or disapproved as described in subsection (b)(1) shall be 
deemed to be an individual who did not receive such credits, as 
described in subsection (b)(2), except that the period for which
H. R. 7105—28 
such individual’s entitlement is not charged shall be the entire 
period of the individual’s enrollment in the program of education. 
In carrying out this subparagraph, the Secretary, in consultation 
with the Secretary of Education, shall establish procedures to deter-
mine whether the individual transferred credits to a comparable 
course or program of education. 
‘‘(B) An individual described in this subparagraph is an indi-
vidual who is enrolled in a course or program of education closed 
or discontinued as described in subsection (b)(1) during the period 
beginning on the date that is 120 days before the date of such 
closure or discontinuance and ending on the date of such closure 
or discontinuance, as the case may be. 
‘‘(C) This paragraph shall apply with respect to a course or 
program of education closed or discontinued before September 30, 
2023.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on August 1, 2021. 
SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF FOR- 
PROFIT EDUCATIONAL INSTITUTIONS CONVERTED TO 
NONPROFIT EDUCATIONAL INSTITUTIONS. 
(a) IN GENERAL.—Subchapter II of chapter 36 of title 38, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 3699B. Treatment of certain for-profit educational institu-
tions 
‘‘(a) IN GENERAL.—In the case of any for-profit educational 
institution that is converted to a nonprofit educational institution, 
the State approving agency or the Secretary when acting as a 
State approving agency shall conduct annual risk-based surveys 
of the institution during the three-year period beginning on the 
date on which the educational institution is so converted. 
‘‘(b) RISK-BASED SURVEY DEFINED.—In this section, the term 
‘risk-based survey’ means the risk-based survey developed under 
section 3673A of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 3699A the following new item: 
‘‘3699B. Treatment of certain for-profit educational institutions.’’. 
(c) APPLICABILITY.—Section 3699B of title 38, United States 
Code, as added by subsection (a), shall apply with respect to the 
conversion of a for-profit educational institution to a nonprofit edu-
cational institution that occurs on or after the date of the enactment 
of this Act. 
SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT 
OUTREACH ACTIVITIES. 
Section 3673 of title 38, United States Code, as amended by 
section 1014 of this title, is further amended by adding at the 
end the following new subsection: 
‘‘(f) OUTREACH ACTIVITIES.—(1) A State approving agency may 
conduct outreach activities if— 
‘‘(A) the State approving agency has properly conducted 
its enforcement and approval of courses and programs of edu-
cation under this chapter; and 
‘‘(B) funds are still available to do so.
H. R. 7105—29 
‘‘(2) For purposes of paragraph (1)(A), a State approving agency 
shall be considered to have properly conducted its enforcement 
and approval of courses and programs of education under this 
chapter if the State approving agency has— 
‘‘(A) met fulfilled its requirements pursuant to the 
applicable cooperative agreements between the State approving 
agency and the Department relating to the oversight and 
approval of courses and programs of education under this 
chapter; and 
‘‘(B) completed a risk-based survey of any course or program 
of education determined to be of questionable quality or at 
risk by any Federal or State agency or any accrediting agency. 
‘‘(3) Outreach activities conducted under paragraph (1) shall 
be carried out using amounts derived from amounts not specifically 
appropriated to carry out this subsection.’’. 
SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF 
STATE APPROVING AGENCIES. 
(a) IN GENERAL.—Section 3671 of title 38, United States Code, 
is amended by adding at the end the following new subsection: 
‘‘(c) A State department or agency may not be recognized as 
a State approving agency designated under this section if such 
State department or agency is administered at or colocated with 
a university or university system whose courses or programs of 
education would be subject to approval under this chapter by the 
State approving agency in that State.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date that is 180 days after the date of 
the enactment of this Act. 
SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING 
AND REHABILITATION FOR CERTAIN VETERANS WITH 
SERVICE-CONNECTED DISABILITIES. 
(a) IN GENERAL.—Section 3103 of title 38, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘or (e)’’ and inserting 
‘‘(e), or (g)’’; and 
(2) by adding at the end the following new subsection: 
‘‘(g) Subsection (a) shall not apply to a veteran who was dis-
charged or released from active military, naval, or air service on 
or after January 1, 2013.’’. 
(b) CONFORMING AMENDMENT.—Section 6(c) of the Student Vet-
eran Coronavirus Response Act of 2020 (134 Stat. 633; Public Law 
116–140) is amended by striking paragraph (1). 
Subtitle B—Pandemic Assistance 
SEC. 1101. DEFINITIONS. 
In this subtitle: 
(1) COVERED PROGRAM OF EDUCATION.—The term ‘‘covered 
program of education’’ means a program of education (as defined 
in section 3002 of title 38, United States Code) approved by 
a State approving agency, or the Secretary of Veterans Affairs 
when acting in the role of a State approving agency. 
(2) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emer-
gency’’ means the public health emergency declared pursuant 
to section 319 of the Public Health Service Act on January
H. R. 7105—30 
31, 2020, entitled ‘‘Determination that a Public Health Emer-
gency Exists Nationwide as the Result of the 2019 Novel 
Coronavirus’’. 
(3) EDUCATIONAL
INSTITUTION.—The term ‘‘educational 
institution’’ has the meaning given that term in section 3452(c) 
of title 38, United States Code, and includes an institution 
of higher learning (as defined in such section). 
(4) STATE APPROVING AGENCY.—The term ‘‘State approving 
agency’’ has the meaning given that term in section 3671 of 
title 38, United States Code. 
(5) 
TRAINING
ESTABLISHMENT.—The 
term 
‘‘training 
establishment’’ has the meaning given that term in section 
3452(e) of title 38, United States Code. 
(6) TRAINING.—The term ‘‘training’’ includes on-job training 
and apprenticeship programs and vocational rehabilitation pro-
grams. 
SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS 
EDUCATIONAL ASSISTANCE BENEFITS DURING COVID–19 
EMERGENCY. 
(a) AUTHORITY.—If the Secretary of Veterans Affairs determines 
under subsection (c) that an individual is negatively affected by 
the COVID–19 emergency, the Secretary may provide educational 
assistance to that individual under the laws administered by the 
Secretary as if such negative effects did not occur. The authority 
under this section is in addition to the authority provided under 
section 1 of Public Law 116–128 (38 U.S.C. 3001 note prec.), but 
in no case may the Secretary provide more than a total of four 
weeks of additional educational assistance by reason of section 
4 of the Student Veteran Coronavirus Response Act of 2020 (Public 
Law 116–140; 38 U.S.C. 3680 note) and this section. 
(b) HOUSING
AND
ALLOWANCES.—In providing educational 
assistance to an individual pursuant to subsection (a), the Secretary 
may— 
(1) continue to pay a monthly housing stipend under 
chapter 33 of title 38, United States Code, during a month 
the individual would have been enrolled in a program of edu-
cation or training but for the COVID–19 emergency at the 
same rate such stipend would have been payable if the indi-
vidual had not been negatively affected by the COVID–19 emer-
gency, except that the total number of weeks for which stipends 
may continue to be so payable may not exceed four weeks; 
and 
(2) continue to pay payments or subsistence allowances 
under chapters 30, 31, 32, 33, and 35 of such title and chapter 
1606 of title 10, United States Code, during a month for a 
period of time that the individual would have been enrolled 
in a program of education or training but for the COVID– 
19 emergency, except that the total number of weeks for which 
payments or allowances may continue to be so payable may 
not exceed four weeks. 
(c) DETERMINATION OF NEGATIVE EFFECTS.—The Secretary shall 
determine that an individual was negatively affected by the COVID– 
19 emergency if— 
(1) the individual is enrolled in a covered program of edu-
cation of an educational institution or enrolled in training at 
a training establishment and is pursuing such program or
H. R. 7105—31 
training using educational assistance under the laws adminis-
tered by the Secretary; 
(2) the educational institution or training establishment 
certifies to the Secretary that such program or training is 
truncated, delayed, relocated, canceled, partially canceled, con-
verted from being on-site to being offered by distance learning, 
or otherwise modified or made unavailable by reason of the 
COVID–19 emergency; and 
(3) the Secretary determines that the modification to such 
program or training specified under paragraph (2) would reduce 
the amount of educational assistance (including with respect 
to monthly housing stipends, payments, or subsistence allow-
ances) that would be payable to the individual but for the 
COVID–19 emergency. 
(d) EFFECT ON ENTITLEMENT PERIOD.—If the Secretary deter-
mines that an individual who received assistance under this section 
did not make progress toward the completion of the program of 
education in which the individual is enrolled during the period 
for which the individual received such assistance, any assistance 
provided pursuant to this section shall not be counted for purposes 
of determining the total amount of an individual’s entitlement to 
educational assistance, housing stipends, or payments or subsist-
ence allowances under chapters 30, 31, 32, and 35 of such title 
and chapter 1606 of title 10, United States Code. 
(e) APPLICABILITY PERIOD.—This section shall apply during the 
period beginning on March 1, 2020, and ending on December 21, 
2021. 
SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND 
MODIFICATION OF COURSES BY REASON OF COVID–19 
EMERGENCY. 
(a) CLOSURE OR DISAPPROVAL.—Any payment of educational 
assistance described in subsection (b) shall not— 
(1) be charged against any entitlement to educational 
assistance of the individual concerned; or 
(2) be counted against the aggregate period for which sec-
tion 3695 of title 38, United States Code, limits the receipt 
of educational assistance by such individual. 
(b) EDUCATIONAL
ASSISTANCE
DESCRIBED.—Subject to sub-
section (d), the payment of educational assistance described in 
this subsection is the payment of such assistance to an individual 
for pursuit of a course or program of education at an educational 
institution under chapter 30, 31, 32, 33, or 35 of title 38, United 
States Code, or chapter 1606 of title 10, United States Code, if 
the Secretary determines that the individual— 
(1) was unable to complete such course or program as 
a result of— 
(A) the closure of the educational institution, or the 
full or partial cancellation of a course or program of edu-
cation, by reason of the COVID–19 emergency; or 
(B) the disapproval of the course or a course that 
is a necessary part of that program under chapter 36 
of title 38, United States Code, because the course was 
modified by reason of such emergency; and 
(2) did not receive credit or lost training time, toward 
completion of the program of education being so pursued.
H. R. 7105—32 
(c) HOUSING ASSISTANCE.—In this section, educational assist-
ance includes, as applicable— 
(1) monthly housing stipends payable under chapter 33 
of title 38, United States Code, for any month the individual 
would have been enrolled in a course or program of education; 
and 
(2) payments or subsistence allowances under chapters 30, 
31, 32, and 35 of such title and chapter 1606 of title 10, 
United States Code, during a month the individual would have 
been enrolled in a course or program of education. 
(d) PERIOD NOT CHARGED.—The period for which, by reason 
of this subsection, educational assistance is not charged against 
entitlement or counted toward the applicable aggregate period 
under section 3695 of title 38, United States Code, shall not exceed 
the aggregate of— 
(1) the portion of the period of enrollment in the course 
from which the individual did not receive credit or with respect 
to which the individual lost training time, as determined under 
subsection (b)(2); and 
(2) the period by which a monthly stipend is extended 
under section 3680(a)(2)(B) of title 38, United States Code. 
(e) CONTINUING PURSUIT OF DISAPPROVED COURSES.— 
(1) IN GENERAL.—The Secretary may treat a course of edu-
cation that is disapproved under chapter 36 of title 38, United 
States Code, as being approved under such chapter with respect 
to an individual described in paragraph (2) if the Secretary 
determines, on a programmatic basis, that— 
(A) such disapproval is the result of an action described 
in subsection (b)(1)(B); and 
(B) continuing pursuing such course is in the best 
interest of the individual. 
(2) INDIVIDUAL DESCRIBED.—An individual described in this 
paragraph is an individual who is pursuing a course of edu-
cation at an educational institution under chapter 30, 31, 32, 
33, or 35 of title 38, United States Code, or chapter 1606 
of title 10, United States Code, as of the date on which the 
course is disapproved as described in subsection (b)(1)(B). 
(f) STATUS AS FULL-TIME STUDENT FOR PURPOSES OF HOUSING 
STIPEND CALCULATION.—In the case of an individual who, as of 
the first day of the COVID–19 emergency was enrolled on a full- 
time basis in a program of education and was receiving educational 
assistance under chapter 33 of title 38, United States Code, or 
subsistence allowance under chapter 31 of such title, and for whom 
the Secretary makes a determination under subsection (b), the 
individual shall be treated as an individual enrolled in a program 
of education on a full-time basis for the purpose of calculating 
monthly housing stipends payable under chapter 33 of title 38, 
United States Code, or subsistence allowance payable under chapter 
31 of such title, for any month the individual is enrolled in the 
program of education on a part-time basis to complete any course 
of education that was partially or fully canceled by reason of the 
COVID–19 emergency. 
(g) NOTICE
OF CLOSURES.—Not later than 5 business days 
after the date on which the Secretary receives notice that an edu-
cational institution will close or is closed by reason of the COVID– 
19 emergency, the Secretary shall provide to each individual who 
is enrolled in a course or program of education at such educational
H. R. 7105—33 
institution using entitlement to educational assistance under 
chapter 30, 31, 32, 33, or 35 of title 38, United States Code, 
or chapter 1606 of title 10, United States Code, notice of— 
(1) such closure and the date of such closure; and 
(2) the effect of such closure on the individual’s entitlement 
to educational assistance pursuant to this section. 
(h) APPLICABILITY.—This section shall apply with respect to 
the closure of an educational institution, or the cancellation or 
modification of a course or program of education, that occurs during 
the period beginning on March 1, 2020, and ending on December 
21, 2021. 
SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF 
WITHDRAWAL. 
(a) IN GENERAL.—In the case of any individual who withdraws 
from a program of education or training, other than a program 
by correspondence, in an educational institution under chapter 31, 
34, or 35 of title 38, United States Code, for a covered reason 
during the period beginning on March 1, 2020, and ending on 
December 21, 2021, the Secretary of Veterans Affairs shall find 
mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) 
of title 38, United States Code. 
(b) COVERED REASON.—In this section, the term ‘‘covered rea-
son’’ means any reason related to the COVID–19 emergency, 
including— 
(1) illness, quarantine, or social distancing requirements; 
(2) issues associated with COVID–19 testing accessibility; 
(3) access or availability of childcare; 
(4) providing care for a family member or cohabitants; 
(5) change of location or residence due to COVID–19 or 
associated school closures; 
(6) employment changes or financial hardship; and 
(7) issues associated with changes in format or medium 
of instruction. 
SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE OF ENTITLE-
MENT. 
(a) MONTGOMERY GI BILL.—The subsection (i) temporarily 
added to section 3031 of title 38, United States Code, by subsection 
(a) of section 6 of the Student Veteran Coronavirus Response Act 
of 2020 (Public Law 116–140) is amended— 
(1) in paragraph (1), by striking ‘‘the period the individual 
is so prevented from pursuing such program’’ and inserting 
‘‘the period beginning on March 1, 2020, and ending on 
December 21, 2021’’; and 
(2) in paragraph (2), by striking ‘‘the first day after the 
individual is able to resume pursuit of a program of education 
with educational assistance under this chapter’’ and inserting 
‘‘December 22, 2021’’. 
(b) VOCATIONAL REHABILITATION
AND TRAINING.—The sub-
section (g) temporarily added to section 3103 of title 38, United 
States Code, by subsection (c) of such section 6 is amended— 
(1) in paragraph (1), by striking ‘‘the period the individual 
is so prevented from participating such program’’ and inserting 
‘‘the period beginning on March 1, 2020, and ending on 
December 21, 2021’’; and
H. R. 7105—34 
(2) in paragraph (2), by striking ‘‘the first day after the 
individual is able to resume participation in such program’’ 
and inserting ‘‘December 22, 2021’’. 
SEC. 1106. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS. 
(a) IN GENERAL.—During the period described in subsection 
(b), subsection (e) of section 3687 of title 38, United States Code, 
shall be applied by substituting the following for paragraph (2): 
‘‘(2)(A) Subject to subparagraphs (B) and (C), for any month 
in which an individual fails to complete 120 hours of training, 
the entitlement otherwise chargeable under paragraph (1) shall 
be reduced in the same proportion as the monthly training 
assistance allowance payable is reduced under subsection (b)(3). 
‘‘(B) In the case of an individual who is unemployed during 
any month, the 120-hour requirement under subparagraph (A) 
for that month shall be reduced proportionately to reflect the 
individual’s period of unemployment, except that the amount 
of monthly training assistance otherwise payable to the indi-
vidual under subsection (b)(3) shall not be reduced. 
‘‘(C) Any period during which an individual is unemployed 
shall not— 
‘‘(i) be charged against any entitlement to educational 
assistance of the individual; or 
‘‘(ii) be counted against the aggregate period for which 
section 3695 of this title limits the receipt of educational 
assistance by such individual. 
‘‘(D) Any amount by which the entitlement of an individual 
is reduced under subparagraph (A) shall not— 
‘‘(i) be charged against any entitlement to educational 
assistance of the individual; or 
‘‘(ii) be counted against the aggregate period for which 
section 3695 of this title limits the receipt of educational 
assistance by such individual. 
‘‘(E) In the case of an individual who fails to complete 
120 hours of training during a month, but who completed 
more than 120 hours of training during the preceding month, 
the individual may apply the number of hours in excess of 
120 that the individual completed for that month to the month 
for which the individual failed to complete 120 hours. If the 
addition of such excess hours results in a total of 120 hours 
or more, the individual shall be treated as an individual who 
has completed 120 hours of training for that month. Any excess 
hours applied to a different month under this subparagraph 
may only be applied to one such month. 
‘‘(F) This paragraph applies to amounts described in section 
3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section 
16131(d)(2) of title 10. 
‘‘(G) In this paragraph: 
‘‘(i) The term ‘unemployed’ includes being furloughed 
or being scheduled to work zero hours. 
‘‘(ii) The term ‘fails to complete 120 hours of training’ 
means, with respect to an individual, that during any 
month, the individual completes at least one hour, but 
fewer than 120 hours, of training, including in a case 
in which the individual is unemployed for part of, but 
not the whole, month.’’.
H. R. 7105—35 
(b) APPLICABILITY PERIOD.—The period described in this section 
is the period beginning on March 1, 2020, and ending on December 
21, 2021. 
SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN 
PROVISIONS RELATED TO COVID–19 EMERGENCY. 
(a) CONTINUATION OF BENEFITS.—Section 1 of Public Law 116– 
128 is amended— 
(1) in subsection (a), by inserting ‘‘or a training establish-
ment’’ after ‘‘an educational institution’’; and 
(2) in subsection (c), by adding at the end the following 
new paragraph: 
‘‘(4) 
TRAINING
ESTABLISHMENT.—The 
term 
‘training 
establishment’ has the meaning given such term in section 
3452(e) of title 38, United States Code.’’. 
(b) PAYMENT OF ALLOWANCES.—Section 4(a)(1) of the Student 
Veteran Coronavirus Response Act of 2020 (Public Law 116–140; 
38 U.S.C. 3680 note) is amended by inserting ‘‘or a training 
establishment’’ after ‘‘educational institution’’. 
(c) PROHIBITION OF CHARGE TO ENTITLEMENT.—The subpara-
graph (C) temporarily added to section 3699(b)(1) of title 38, United 
States Code, by section 5 of the Student Veteran Coronavirus 
Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3699 note) 
is amended by inserting ‘‘or training establishment’’ after ‘‘edu-
cational institution’’. 
(d) EXTENSION OF TIME LIMITATIONS.— 
(1) MGIB.—The subsection (i) temporarily added to section 
3031 of title 38, United States Code, by subsection (a) of section 
6 of the Student Veteran Coronavirus Response Act of 2020 
(Public Law 116–140), as amended by section 1105 of this 
title, is further amended by inserting ‘‘or training establish-
ment’’ after ‘‘educational institution’’. 
(2) TRANSFER PERIOD.—The subparagraph (C) temporarily 
added to section 3319(h)(5) of such title by section 6 of the 
Student Veteran Coronavirus Response Act of 2020 (Public 
Law 116–140) is amended by inserting ‘‘or training establish-
ment’’ after ‘‘educational institution’’. 
SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STU-
DENT VETERAN CORONAVIRUS RESPONSE ACT. 
Section 4 of the Student Veteran Coronavirus Response Act 
of 2020 (Public Law 116–140) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘may not exceed four weeks.’’ and 
inserting ‘‘may not exceed the shorter of the following:’’; 
and 
(B) by adding at the end the following new paragraphs: 
‘‘(1) The period of time that the eligible veteran or eligible 
person would have been enrolled in a program of education 
or training but for the emergency situation. 
‘‘(2) Four weeks.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(e) ENTITLEMENT NOT CHARGED.—Any payment of allowances 
under this section shall not— 
‘‘(1) be charged against any entitlement to educational 
assistance of the eligible veteran or eligible person concerned; 
or
H. R. 7105—36 
‘‘(2) be counted against the aggregate period for which 
section 3695 of this title 38, United States Code, limits the 
receipt of educational assistance by such eligible veteran or 
eligible person.’’. 
TITLE II—BENEFITS 
Subtitle A—Benefits Generally 
SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR PURPOSES 
OF THE LAWS ADMINISTERED BY THE SECRETARY OF 
VETERANS AFFAIRS. 
Section 101(29)(A) of title 38, United States Code, is amended 
by striking ‘‘February 28, 1961’’ and inserting ‘‘November 1, 1955’’. 
SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS 
AFFAIRS MEDICAL DISABILITY EXAMINATIONS. 
(a) TEMPORARY CLARIFICATION OF LICENSURE REQUIREMENTS 
FOR CONTRACTOR MEDICAL PROFESSIONALS TO PERFORM MEDICAL 
DISABILITY EXAMINATIONS
FOR
THE DEPARTMENT
OF VETERANS 
AFFAIRS UNDER PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS 
FOR DISABILITY EXAMINATIONS.— 
(1) IN GENERAL.—Subsection (c) of section 504 of the Vet-
erans’ Benefits Improvements Act of 1996 (Public Law 104– 
275; 38 U.S.C. 5101 note) is amended to read as follows: 
‘‘(c) LICENSURE OF CONTRACT HEALTH CARE PROFESSIONALS.— 
‘‘(1) IN GENERAL.—Notwithstanding any law regarding the 
licensure of health care professionals, a health care professional 
described in paragraph (2) may conduct an examination pursu-
ant to a contract entered into under subsection (a) at any 
location in any State, the District of Columbia, or a Common-
wealth, territory, or possession of the United States, so long 
as the examination is within the scope of the authorized duties 
under such contract. 
‘‘(2) HEALTH CARE PROFESSIONAL DESCRIBED.—A health care 
professional described in this paragraph is a physician, physi-
cian assistant, nurse practitioner, audiologist, or psychologist, 
who— 
‘‘(A) has a current unrestricted license to practice the 
health care profession of the physician, physician assistant, 
nurse practitioner, audiologist, or psychologist, as the case 
may be; 
‘‘(B) is not barred from practicing such health care 
profession in any State, the District of Columbia, or a 
Commonwealth, territory, or possession of the United 
States; and 
‘‘(C) is performing authorized duties for the Depart-
ment of Veterans Affairs pursuant to a contract entered 
into under subsection (a).’’. 
(2) PURPOSE.—The purpose of the amendment made by 
paragraph (1) is to expand the license portability for physicians 
assistants, nurse practitioners, audiologists, and psychologists 
to supplement the capacity of employees of the Department 
to provide medical examinations described in subsection (b).
H. R. 7105—37 
(3) RULE
OF
CONSTRUCTION.—The amendment made by 
paragraph (1) shall not be construed to affect the license port-
ability for physicians in effect under section 504(c) of such 
Act as in effect on the day before the date of the enactment 
of this Act. 
(4) SUNSET.—On the date that is three years after the 
date of the enactment of this Act, subsection (c) of such section 
shall read as it read on the day before the date of the enactment 
of this Act. 
(b) TEMPORARY HALT ON ELIMINATION OF MEDICAL EXAMINER 
POSITIONS IN DEPARTMENT OF VETERANS AFFAIRS.—The Secretary 
of Veterans Affairs shall temporarily suspend the efforts of the 
Secretary in effect on the day before the date of the enactment 
of this Act to eliminate medical examiner positions in the Depart-
ment of Veterans Affairs until the number of individuals awaiting 
a medical examination with respect to medical disability of the 
individuals for benefits under laws administered by the Secretary 
that are carried out through the Under Secretary for Benefits 
is equal to or less than the number of such individuals who were 
awaiting such a medical examination with respect to such purposes 
on March 1, 2020. 
(c) REPORT ON PROVISION OF MEDICAL EXAMINATIONS.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the appropriate committees of Congress a report on the provi-
sion of medical examinations described in subsection (b) by 
the Department. 
(2) CONTENTS.—The report submitted under paragraph (1) 
shall cover the following: 
(A) How the Secretary will increase the capacity, effi-
ciency, and timeliness of physician assistants, nurse practi-
tioners, audiologists, and psychologists of the Veterans 
Health Administration with respect to completing medical 
examinations described in subsection (b). 
(B) The total number of full-time equivalent employees 
among all physician assistants, nurse practitioners, audiol-
ogists, and psychologists needed for the increases described 
in subparagraph (A). 
(C) An assessment regarding the importance of 
retaining a critical knowledge base within the Department 
for performing medical examinations for veterans filing 
claims for compensation under chapters 11 and 13 of title 
38, United States Code, including with respect to military 
sexual trauma, post-traumatic stress disorder, traumatic 
brain injury, and toxic exposure. 
(3) COLLABORATION.—The Secretary shall collaborate with 
the veterans community and stakeholders in the preparation 
of the report required by paragraph (1). 
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 
this subsection, the term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Veterans’ Affairs and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Veterans’ Affairs and the Com-
mittee on Appropriations of the House of Representatives. 
(d) COMPTROLLER GENERAL OF THE UNITED STATES REVIEW.—
H. R. 7105—38 
(1) REVIEW REQUIRED.—Not later than 360 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall commence a review of the 
implementation of the pilot program authorized under sub-
section (a) of section 504 of the Veterans’ Benefits Improve-
ments Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note). 
(2) ELEMENTS.—The review conducted under paragraph (1) 
shall include the following: 
(A) An assessment of the use of subsection (c) of section 
504 of such Act, as amended by subsection (a)(1) of this 
section. 
(B) Efforts to retain and recruit medical examiners 
as employees of the Department. 
(C) Use of telehealth for medical examinations 
described in subsection (b) that are administered by the 
Department. 
(e) BRIEFING ON RECOMMENDATIONS OF COMPTROLLER GENERAL 
OF THE UNITED STATES.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary shall provide to the 
Committee on Veterans’ Affairs of the Senate and the Committee 
on Veterans’ Affairs of the House of Representatives a briefing 
on how the Secretary will implement the recommendations of the 
Comptroller General of the United States regarding— 
(1) the monitoring of the training of providers of examina-
tions pursuant to contracts under section 504 of the Veterans’ 
Benefits Improvements Act of 1996 (Public Law 104–275; 38 
U.S.C. 5101 note); and 
(2) ensuring such providers receive such training. 
(f) HOLDING UNDERPERFORMING CONTRACT MEDICAL EXAM-
INERS ACCOUNTABLE.—The Secretary shall take such actions as 
may be necessary to hold accountable the providers of medical 
examinations pursuant to contracts under section 504 of the Vet-
erans’ Benefits Improvements Act of 1996 (Public Law 104–275; 
38 U.S.C. 5101 note) who are underperforming in the meeting 
of the needs of veterans through the performance of medical 
examinations pursuant to such contracts. 
SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SURVIVING 
SPOUSES. 
(a) CODIFICATION OF CURRENT RATE OF SPECIAL PENSION.— 
Subsection (a) of section 1562 of title 38, United States Code, 
is amended by striking ‘‘$1,000’’ and inserting ‘‘$1,388.68’’. 
(b) SPECIAL PENSION FOR SURVIVING SPOUSES.— 
(1) SURVIVING SPOUSE BENEFIT.—Such subsection is further 
amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(2)(A) Except as provided in subparagraphs (B) and (C), the 
Secretary shall pay special pension under this section to the sur-
viving spouse of a person whose name has been entered on the 
Army, Navy, Air Force, and Coast Guard Medal of Honor Roll 
and a copy of whose certificate has been delivered to the Secretary 
under section 1134a(d) of title 10. 
‘‘(B) No special pension shall be paid to a surviving spouse 
of a person under this section unless such surviving spouse was 
married to such person—
H. R. 7105—39 
‘‘(i) for one year or more prior to the veteran’s death; 
or 
‘‘(ii) for any period of time if a child was born of the 
marriage, or was born to them before the marriage. 
‘‘(C) No special pension shall be paid to a surviving spouse 
of a person under this section if such surviving spouse is receiving 
benefits under section 1311 or 1318 of this title.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) IN GENERAL.—Such section is amended— 
(i) in subsection (d), by inserting ‘‘or married to 
more than one person who has been awarded a medal 
of honor,’’ after ‘‘honor,’’; and 
(ii) in subsection (f)(1), by striking ‘‘this section’’ 
and inserting ‘‘paragraph (1) of subsection (a), or under 
paragraph (2) of such subsection in the case of a post-
humous entry on the Army, Navy, Air Force, and Coast 
Guard Medal of Honor Roll,’’. 
(B) SPECIAL PROVISIONS RELATING TO MARRIAGES.—Sec-
tion 103(d)(5) of such title is amended by adding at the 
end the following new subparagraph: 
‘‘(E) Section 1562(a)(2), relating to Medal of Honor special 
pension.’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply with respect to payment of pension under 
section 1562 of title 38, United States Code, for months begin-
ning after the date of the enactment of this Act. 
SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS INSUR-
ANCE. 
(a) ESTABLISHMENT OF MODERNIZED PROGRAM.— 
(1) IN GENERAL.—Chapter 19 of title 38, United States 
Code, is amended by inserting after section 1922A the following 
new section: 
‘‘§ 1922B. Service-disabled veterans insurance 
‘‘(a) INSURANCE.—(1) Beginning January 1, 2023, the Secretary 
shall carry out a service-disabled veterans insurance program under 
which a veteran is granted insurance by the United States against 
the death of such individual occurring while such insurance is 
in force. 
‘‘(2) The Secretary may only issue whole-life policies under 
the insurance program under paragraph (1). 
‘‘(3) The Secretary may not grant insurance to a veteran under 
paragraph (1) unless— 
‘‘(A) the veteran submits the application for such insurance 
before the veteran attains 81 years of age; or 
‘‘(B) with respect to a veteran who has attained 81 years 
of age— 
‘‘(i) the veteran filed a claim for compensation under 
chapter 11 of this title before attaining such age; 
‘‘(ii) based on such claim, and after the veteran attained 
such age, the Secretary first determines that the veteran 
has a service-connected disability; and 
‘‘(iii) the veteran submits the application for such insur-
ance during the two-year period following the date of such 
determination.
H. R. 7105—40 
‘‘(4)(A) A veteran enrolled in the insurance program under 
paragraph (1) may elect to be insured in any of the following 
amounts: 
‘‘(i) $10,000. 
‘‘(ii) $20,000. 
‘‘(iii) $30,000. 
‘‘(iv) $40,000. 
‘‘(v) In accordance with subparagraph (B), a maximum 
amount greater than $40,000. 
‘‘(B) The Secretary may establish a maximum amount to be 
insured under paragraph (1) that is greater than $40,000 if the 
Secretary— 
‘‘(i) determines that such maximum amount and the pre-
miums for such amount— 
‘‘(I) are administratively and actuarially sound for the 
insurance program under paragraph (1); and 
‘‘(II) will not result in such program operating at a 
loss; and 
‘‘(ii) publishes in the Federal Register, and submits to 
the Committee on Veterans’ Affairs of the Senate and the 
Committee on Veterans’ Affairs of the House of Representatives, 
such maximum amount and determination. 
‘‘(5)(A)(i) Insurance granted under this section shall be on a 
nonparticipating basis and all premiums and other collections 
therefor shall be credited directly to a revolving fund in the 
Treasury of the United States. 
‘‘(ii) Any payments on such insurance shall be made directly 
from such fund. 
‘‘(B)(i) The Secretary of the Treasury may invest in and sell 
and retire special interest-bearing obligations of the United States 
for the account of the revolving fund under subparagraph (A). 
‘‘(ii) Such obligations issued for that purpose shall— 
‘‘(I) have maturities fixed with due regard for the needs 
of the fund; and 
‘‘(II) bear interest at a rate equal to the average market 
yield (computed by the Secretary of the Treasury on the basis 
of market quotations as of the end of the calendar month 
preceding the date of issue) on all marketable interest-bearing 
obligations of the United States then forming a part of the 
public debt which are not due or callable until after the expira-
tion of four years from the end of such calendar month; except 
that where such average market yield is not a multiple of 
one-eighth of one per centum, the rate of interest of such 
obligation shall be the multiple of one-eighth of one per centum 
nearest such market yield. 
‘‘(6)(A) Administrative support financed by the appropriations 
for ‘General Operating Expenses, Department of Veterans Affairs’ 
and ‘Information Technology Systems, Department of Veterans 
Affairs’ for the insurance program under paragraph (1) shall be 
paid from premiums credited to the fund under paragraph (5). 
‘‘(B) Such payment for administrative support shall be 
reimbursed for that fiscal year from funds that are available on 
such insurance after claims have been paid. 
‘‘(b) ELIGIBILITY.—A veteran is eligible to enroll in the insurance 
program under subsection (a)(1) if the veteran has a service-con-
nected disability, without regard to—
H. R. 7105—41 
‘‘(1) whether such disability is compensable under chapter 
11 of this title; or 
‘‘(2) whether the veteran meets standards of good health 
required for other life insurance policies. 
‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1) An eligible veteran 
may enroll in the insurance program under subsection (a)(1) at 
any time. 
‘‘(2) The life insurance policy of a veteran who enrolls in the 
insurance program under subsection (a)(1) does not go into force 
unless— 
‘‘(A) a period of two years elapses following the date of 
such enrollment; and 
‘‘(B) the veteran pays the premiums required during such 
two-year period. 
‘‘(3)(A) If a veteran dies during the two-year period described 
in paragraph (2), the Secretary shall pay to the beneficiary of 
the veteran the amount of premiums paid by the veteran under 
this section, plus interest. 
‘‘(B) The Secretary— 
‘‘(i) for the initial year of the insurance program under 
subsection (a)(1)— 
‘‘(I) shall set such interest at a rate of one percent; 
and 
‘‘(II) may adjust such rate during such year based 
on program experience, except that the interest rate may 
not be less than zero percent; 
‘‘(ii) for the second and each subsequent year of the pro-
gram, shall calculate such interest at an annual rate equal 
to the rate of return on the revolving fund under subsection 
(a)(5) for the calendar year preceding the year of the veteran’s 
death, except that the interest rate may not be less than 
zero percent; and 
‘‘(iii) on an annual basis, shall publish on the internet 
website of the Department the average interest rate calculated 
under clause (ii) for the preceding calendar year. 
‘‘(d) PREMIUMS.—(1) The Secretary shall establish a schedule 
of basic premium rates by age per $10,000 of insurance under 
subsection (a)(1) consistent with basic premium rates generally 
charged for guaranteed acceptance life insurance policies by private 
life insurance companies. 
‘‘(2) The Secretary may adjust such schedule after the first 
policy year in a manner consistent with the general practice of 
guaranteed acceptance life insurance policies issued by private life 
insurance companies. 
‘‘(3) Section 1912 of this title shall not apply to life insurance 
policies under subsection (a)(1), and the Secretary may not other-
wise waive premiums for such insurance policies. 
‘‘(e) BENEFICIARIES.—(1) A veteran who enrolls in the insurance 
program under subsection (a)(1) may designate a beneficiary of 
the life insurance policy. 
‘‘(2) If a veteran enrolled in the insurance program under 
subsection (a)(1) does not designate a beneficiary under paragraph 
(1) before the veteran dies, or if a designated beneficiary predeceases 
the veteran, the Secretary shall determine the beneficiary in the 
following order: 
‘‘(A) The surviving spouse of the veteran.
H. R. 7105—42 
‘‘(B) The children of the veteran and descendants of 
deceased children by representation. 
‘‘(C) The parents of the veteran or the survivors of the 
parents. 
‘‘(D) The duly appointed executor or administrator of the 
estate of the veteran. 
‘‘(E) Other next of kin of the veteran entitled under the 
laws of domicile of the veteran at the time of the death of 
the veteran. 
‘‘(f) CLAIMS.—(1) If the deceased veteran designated a bene-
ficiary under subsection (e)(1)— 
‘‘(A) the designated beneficiary is the only person who 
may file a claim for payment under subsection (g) during the 
one-year period beginning on the date of the death of the 
veteran; and 
‘‘(B) if the designated beneficiary does not file a claim 
for the payment during the period described in paragraph (1), 
or if payment to the designated beneficiary within that period 
is prohibited by Federal statute or regulation, a beneficiary 
described in subsection (e)(2) may file a claim for such payment 
during the one-year period following the period described in 
subparagraph (A) as if the designated beneficiary had pre-
deceased the veteran. 
‘‘(2) If the deceased veteran did not designate a beneficiary 
under subsection (e)(1), or if the designated beneficiary predeceased 
the veteran, a beneficiary described in subsection (e)(2) may file 
a claim for payment under subsection (g) during the two-year period 
beginning on the date of the death of the veteran. 
‘‘(3) If, on the date that is two years after the date of the 
death of the veteran, no claim for payment has been filed by 
any beneficiary pursuant to paragraph (1) or (2), and the Secretary 
has not received notice that any such claim will be so filed during 
the subsequent one-year period, the Secretary may make the pay-
ment to a claimant whom the Secretary determines to be equitably 
entitled to such payment. 
‘‘(g) PAYMENTS.—(1) In a case described in subsection (f)— 
‘‘(A) in paragraph (1)(A), the Secretary shall pay the des-
ignated beneficiary not later than 90 days after the designated 
beneficiary files a complete and valid claim for payment; 
‘‘(B) in paragraph (1)(B) or (2), the Secretary shall make 
any payment not later than one year after the end of the 
period described in the applicable such paragraph, if the Sec-
retary receives a complete and valid claim for payment in 
accordance with the applicable such paragraph; or 
‘‘(C) in paragraph (3), the Secretary shall make any pay-
ment not later than one year after the end of the period 
described in such paragraph, if the Secretary receives a com-
plete and valid claim for payment. 
‘‘(2) In a case where the Secretary has not made an insurance 
payment under this section during the applicable period specified 
in paragraph (1) by reason of a beneficiary not yet having filed 
a claim, or the Secretary not yet making a determination under 
subsection (f)(3), the Secretary may make the payment after such 
applicable period. 
‘‘(3) Notwithstanding section 1917 of this title, the Secretary 
shall make an insurance payment under this section in a lump 
sum.
H. R. 7105—43 
‘‘(4) The Secretary may not make an insurance payment under 
this section if such payment will escheat to a State. 
‘‘(5) Any payment under this subsection shall be a bar to 
recovery by any other person.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 1922A the following new item: 
‘‘1922B. Service-disabled veterans insurance.’’. 
(b) SUNSET OF PREVIOUS PROGRAM AND TRANSITION.— 
(1) S–DVI.—Section 1922 of such title is amended by adding 
at the end the following new subsection: 
‘‘(d)(1) The Secretary may not accept any application by a 
veteran to be insured under this section after December 31, 2022. 
‘‘(2)(A) During the period beginning January 1, 2023, and 
ending December 31, 2025, a veteran who is insured under this 
section may elect to instead be insured under section 1922B of 
this title based on the age of the veteran at the time of such 
election. 
‘‘(B)(i) A veteran who elects under subparagraph (A) to be 
insured under section 1922B of this title shall be subject to the 
two-year waiting period specified in subsection (c) of such section. 
‘‘(ii) If the veteran dies during such period, the Secretary shall 
pay the beneficiary under this section, and, if applicable, under 
section 1922A, plus the amount of premiums paid by the veteran 
under such section 1922B, plus interest. 
‘‘(3) Except as provided by paragraph (2)(B), a veteran may 
not be insured under this section and section 1922B simulta-
neously.’’. 
(2) SUPPLEMENTAL S–DVI.—Section 1922A(b) of such title 
is amended by adding after the period at the end the following: 
‘‘The Secretary may not accept any such application after 
December 31, 2022. Except as provided by section 1922(d)(2)(B), 
a veteran may not have supplemental insurance under this 
section and be insured under section 1922B simultaneously.’’. 
(c) CONFORMING AMENDMENTS.—Chapter 19 of such title is 
amended— 
(1) in the section heading of section 1922, by striking 
‘‘Service’’ and inserting ‘‘Legacy service’’; 
(2) in the section heading of section 1922A, by striking 
‘‘Supplemental’’ and inserting ‘‘Legacy supplemental’’; and 
(3) in the table of sections at the beginning of such chapter 
by striking the items relating to sections 1922 and 1922A 
and inserting the following new items: 
‘‘1922. Legacy service disabled veterans’ insurance. 
‘‘1922A. Legacy supplemental service disabled veterans’ insurance for totally dis-
abled veterans.’’. 
SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION 
UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE. 
Section 1980A of title 38, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(l)(1) If a claim for benefits under this section is denied, 
the Secretary concerned shall provide to the member at the same 
time as the member is informed of such denial a description of 
the following:
H. R. 7105—44 
‘‘(A) Each reason for that denial, including a description 
of all the information upon which the denial is based and 
a description of the applicable laws, regulations, or policies, 
with appropriate citations, and an explanation of how such 
laws, regulations, or policies affected the denial. 
‘‘(B) Each finding that is favorable to the member. 
‘‘(2) Any finding favorable to the member as described in para-
graph (1)(B) shall be binding on all subsequent reviews or appeals 
of the denial of the claim, unless clear and convincing evidence 
is shown to the contrary to rebut such favorable finding.’’. 
SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT 
QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) IN GENERAL.—Section 5101 of title 38, United States Code, 
is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d)(1) The Secretary shall publish in a central location on 
the internet website of the Department— 
‘‘(A) the disability benefit questionnaire forms of the 
Department for the submittal of evidence from non-Department 
medical providers regarding a disability of a claimant, including 
any form or process that replaces any such disability benefit 
questionnaire form; and 
‘‘(B) details about the process used by the Department 
for submittal of evidence described in subparagraph (A). 
‘‘(2) Subject to section 6103 of this title, if the Secretary updates 
a form described in paragraph (1)(A), the Secretary shall— 
‘‘(A) accept the previous version of the form filed by a 
claimant if— 
‘‘(i) the claimant provided to the non-Department med-
ical provider the previous version of the form before the 
date on which the updated version of the form was made 
available; and 
‘‘(ii) the claimant files the previous version of the form 
during the one-year period following the date the form 
was completed by the non-Department medical provider; 
‘‘(B) request from the claimant (or from a non-Department 
medical provider if the claimant has authorized the provider 
to share health information with the Secretary) any other 
information that the updated version of the form requires; 
and 
‘‘(C) apply the laws and regulations required to adjudicate 
the claim as if the claimant filed the updated version of the 
form. 
‘‘(3) The Secretary may waive any interagency approval process 
required to approve a modification to a disability benefit question-
naire form if such requirement only applies by reason of the forms 
being made public.’’. 
(b) REPORTS BY INSPECTOR GENERAL OF THE DEPARTMENT OF 
VETERANS AFFAIRS.—Not less frequently than once each year 
through 2023, the Inspector General of the Department of Veterans 
Affairs shall submit to Congress a report on the findings of the 
Inspector General with respect to the use of the forms published 
under section 5101(d)(1) of such title, as added by subsection (a).
H. R. 7105—45 
(c) INITIAL FORM.—The Secretary of Veterans Affairs shall begin 
carrying out section 5101(d)(1) of such title, as added by subsection 
(a), by publishing, as described in such section, the form described 
in such section that was in effect on January 1, 2020. 
(d) ALTERNATE PROCESS.— 
(1) ASSESSMENT AND REPORT.— 
(A) IN GENERAL.—Subject to paragraph (2), not later 
than 180 days after the date of the enactment of this 
act, the Secretary shall— 
(i) assess the feasibility and advisability of 
replacing disability benefit questionnaire forms that 
are used by non-Department medical providers to 
submit to the Secretary evidence regarding a disability 
of a claimant for benefits under laws administered 
by the Secretary, with another consistent process that 
considers evidence equally, whether provided by a 
Department or a non-Department medical provider; 
and 
(ii) submit to Congress— 
(I) a report on the findings of the Secretary 
with respect to the assessment conducted under 
clause (i); and 
(II) if the report submitted under subclause 
(I) of this clause includes a finding that replacing 
the disability benefit questionnaire forms described 
in clause (i) as described in such clause is feasible 
and advisable, a plan to replace such forms as 
described in such clause. 
(B) COLLABORATION REQUIRED.—If, in carrying out the 
assessment required by clause (i) of subparagraph (A), 
the Secretary determines that replacing the disability ben-
efit questionnaire forms described in such clause as 
described in such clause is feasible and advisable, the Sec-
retary shall collaborate with, partner with, and consider 
the advice of veterans service organizations, and such other 
stakeholders as the Secretary considers appropriate, on 
the replacement forms and process for submitting such 
forms. 
(2) REQUIREMENTS.—The Secretary may only determine 
under paragraph (1)(A) that replacing the forms described in 
such paragraph is feasible and advisable if the Secretary cer-
tifies that— 
(A) it is in the best interest of veterans to do so; 
(B) the replacement process would include all the med-
ical information needed to adjudicate a claim for benefits 
under laws administered by the Secretary; and 
(C) the new process will ensure that all medical 
information provided will be considered equally, whether 
it is provided by a Department medical provider or a non- 
Department medical provider. 
(3) IMPLEMENTATION.— 
(A) IN GENERAL.—Subject to subparagraph (B), if the 
Secretary determines under paragraph (1)(A) that replacing 
the forms as described in such paragraph is feasible and 
advisable, the Secretary shall, not later than two years 
after the date on which the Secretary submits the report 
under paragraph (1)(B)(i)—
H. R. 7105—46 
(i) replace the forms as described in paragraph 
(1)(A); 
(ii) publish such replacement pursuant to subpara-
graph (A) of section 5101(d)(1), as added by subsection 
(a)(2); and 
(iii) update the details under subparagraph (B) 
of such section. 
(B) REPORTS BY INSPECTOR GENERAL OF THE DEPART-
MENT OF VETERANS AFFAIRS.—If the Secretary replaces the 
forms under subparagraph (A), the Inspector General of 
the Department of Veterans Affairs shall, not later than 
one year after the date that the Secretary replaces such 
forms and not less frequently than once each year there-
after until the date that is three years after the date 
on which the Secretary replaces such forms, submit to 
Congress a report on the process that replaced such forms 
that ascertains whether the process properly protects vet-
erans. 
(4) LIMITATION.—The Secretary may not discontinue the 
use of the disability benefit questionnaire forms described in 
paragraph (1)(A) until a replacement form or process is imple-
mented. 
(e) RULE OF CONSTRUCTION.—Nothing in this section or section 
5101(d) of such title, as added by subsection (a), may be construed 
to require the Secretary to develop any new information technology 
system or otherwise require the Secretary to make any significant 
changes to the internet website of the Department. 
SEC. 2007. THRESHOLD FOR REPORTING DEBTS TO CONSUMER 
REPORTING AGENCIES. 
(a) IN GENERAL.—Chapter 53 of title 38, United States Code, 
is amended by adding after section 5319 the following new section: 
‘‘§ 5320. Threshold for reporting debts to consumer reporting 
agencies 
‘‘The Secretary shall prescribe regulations that establish the 
minimum amount of a claim or debt, arising from a benefit adminis-
tered by the Under Secretary for Benefits or Under Secretary for 
Health, that the Secretary will report to a consumer reporting 
agency under section 3711 of title 31.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 5319 the following new item: 
‘‘5320.Threshold for reporting debts to consumer reporting agencies.’’. 
(c) DEADLINE.—The Secretary of Veterans Affairs shall pre-
scribe regulations under section 5320 of such title, as added by 
subsection (a), not later than 180 days after the date of the enact-
ment of this Act. 
SEC. 2008. REMOVAL OF DEPENDENTS FROM AWARD OF COMPENSA-
TION OR PENSION. 
Beginning not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Veterans Affairs shall ensure 
that— 
(1) the recipient of an award of compensation or pension 
may remove any dependent from an award of compensation 
or pension to the individual using the eBenefits system of
H. R. 7105—47 
the Department of Veterans Affairs, or a successor system; 
and 
(2) such removal takes effect not later than 60 days after 
the date on which the recipient elects such removal. 
SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COM-
PENSATION FOR SURVIVING SPOUSES WHO REMARRY 
AFTER AGE 55. 
Section 103(d)(2)(B) of title 38, United States Code, is amended 
in the second sentence by inserting ‘‘chapter 13 or’’ after ‘‘benefits 
under’’. 
SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES 
TO TOXICANTS AT KARSHI-KHANABAD AIR BASE IN 
UZBEKISTAN. 
(a) AGREEMENT AND STUDY.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall enter into an agreement with the Administrator of the Agency 
for Toxic Substances and Disease Registry for the Administrator 
to complete, not later than 10 years after the date of the enactment 
of this Act, a study to identify— 
(1) incidents of cancer and other diseases or illnesses 
experienced by individuals who served in the active military, 
naval, or air service (as defined in section 101 of title 38, 
United States Code) in the covered location set forth under 
subsection (b) during the corresponding period set forth under 
such subsection; and 
(2) a list of toxic substances, chemicals, ionizing radiation, 
and airborne hazards such individuals may have been exposed 
to during such service. 
(b) COVERED LOCATION AND CORRESPONDING PERIOD.—The cov-
ered location and corresponding period set forth under this sub-
section are Karshi-Khanabad (K2) Air Base in Uzbekistan and 
the period beginning on October 1, 2001, and ending on September 
30, 2005. 
(c) ELEMENTS.—The study conducted under subsection (a) shall 
include the following: 
(1) An assessment regarding the conditions of the covered 
location set forth under subsection (b), including an identifica-
tion of toxic substances, chemicals, ionizing radiation, and air-
borne hazards contaminating such covered location during such 
corresponding period. 
(2) An epidemiological study of the health consequences 
of the service described in subsection (a) to the individuals 
described in such subsection. 
(d) SUPPORT FOR STUDY.— 
(1) IN GENERAL.—The Secretary shall provide the Adminis-
trator with assistance in carrying out the study required by 
subsection (a), including by gathering such information as the 
Administrator may consider useful in carrying out the study. 
(2) OBTAINING
INFORMATION
CONCERNING
EXPOSURE.— 
Assistance under paragraph (1) provided by the Secretary of 
Veterans Affairs shall include compiling information on expo-
sure described in subsection (a)(2) and the Secretary of Defense 
shall provide to the Secretary of Veterans Affairs such informa-
tion concerning such exposure as the Secretary of Veterans 
Affairs considers appropriate for purposes of the study required
H. R. 7105—48 
by subsection (a), including environmental sampling data rel-
ative to any location covered by the study. 
(e) BIENNIAL UPDATES.—No later than the date that is two 
years after the date of the enactment of this Act and not less 
frequently than once every two years thereafter until the date 
on which the study required by subsection (a) is completed, the 
Administrator shall submit to the appropriate committees of Con-
gress updates on the status of the matters covered by such study, 
including any preliminary findings of the Administrator. 
(f) FINAL REPORT.—Not later than 60 days after the date on 
which the study required by subsection (a) is completed, the 
Administrator shall submit to the appropriate committees of Con-
gress a report on the findings of the Administrator with respect 
to such study. 
(g) INCLUSION OF UZBEKISTAN IN CERTAIN REGISTRIES AND PRO-
GRAMS.—Section 201(c)(2) of the Dignified Burial and Other Vet-
erans’ Benefits Improvement Act of 2012 (Public Law 112–260; 
38 U.S.C. 527 note) is amended, in the matter preceding subpara-
graph (A), by striking ‘‘Afghanistan or Iraq’’ and inserting ‘‘Afghani-
stan, Iraq, or Uzbekistan’’. 
(h) DEPLETED URANIUM FOLLOW-UP PROGRAMS.—The Secretary 
of Veterans Affairs shall ensure that any individual who deployed 
as a member of the Armed Forces to the covered location set 
forth in subsection (b) during the corresponding period set forth 
in such subsection is covered by the Depleted Uranium Follow- 
up Programs of the Department of Veterans Affairs. 
(i) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Veterans’ Affairs and the Committee 
on Armed Services of the Senate; and 
(2) the Committee on Veterans’ Affairs and the Committee 
on Armed Services of the House of Representatives. 
SEC. 2011. COMPTROLLER GENERAL BRIEFING AND REPORT ON 
REPEALING MANIFESTATION PERIOD FOR PRESUMP-
TIONS OF SERVICE CONNECTION FOR CERTAIN DISEASES 
ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE 
AGENTS. 
(a) IN GENERAL.—Not later than one year after the date of 
the enactment of this Act, the Comptroller General of the United 
States shall provide to the Committee on Veterans’ Affairs of the 
Senate and the Committee on Veterans’ Affairs of the House of 
Representatives a briefing on preliminary observations of the Comp-
troller General, and not later than 240 days after the date of 
such briefing, provide such committees a briefing and submit to 
such committees a final report, on the efforts of the Secretary 
of Veterans Affairs to provide benefits, including compensation and 
health care, to veterans— 
(1) who during active military, naval, or air service, served 
in the Republic of Vietnam during the period beginning on 
January 9, 1962, and ending on May 7, 1975; and 
(2) in whom chloracne, porphyria cutanea tarda, or acute 
or subacute peripheral neuropathy have manifested. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following:
H. R. 7105—49 
(1) A description of how the Secretary establishes a service 
connection for a diseases described in paragraph (2) of sub-
section (a) manifesting in veterans, including the number of 
veterans described in paragraph (1) of such subsection who 
have filed a claim for a benefit associated with a disease 
described in paragraph (2) of such subsection. 
(2) A description of how claims adjudicators of the Depart-
ment of Veterans Affairs determine service connection for a 
disease described in subparagraph (C) or (E) of section 
1116(a)(2) of title 38, United States Code, when documentation 
proving the presence of the disease during the manifestation 
period set forth in such subparagraphs for the disease is not 
available. 
(3) A description of the expected effect of repealing the 
manifestation period from such subparagraphs, including the 
expected effect on the number of claims for benefits the Depart-
ment will receive, an estimate of the cost to the Department 
of such repeal, and a review of the scientific evidence regarding 
such repeal. 
(4) A review of all claims submitted to the Secretary for 
compensation under chapter 11 of such title that are associated 
with a disease described in subsection (a)(2), including the 
type of proof presented to establish a service connection for 
the manifestation of the disease based on exposure to a herbi-
cide agent. 
(5) Recommendations on how the Department can better 
adjudicate claims for benefits, including compensation, sub-
mitted to the Department that are associated with a disease 
described in paragraph (2) of subsection (a) for veterans 
described in paragraph (1) of such subsection. 
(6) An assessment of such other areas as the Comptroller 
General considers appropriate to study. 
(c) ADMINISTRATIVE ACTION.—Not later than 120 days after 
the date on which the Comptroller General of the United States 
submits the report required under subsection (a), the Secretary 
shall commence carrying out the recommendations submitted under 
subsection (b)(5) to the degree that the Secretary is authorized 
to carry out the recommendations by a statute that was in effect 
on the day before the date of the enactment of this Act. 
(d) HERBICIDE AGENT DEFINED.—In this section, the term 
‘‘herbicide agent’’ has the meaning given such term in section 
1116(a)(3) of title 38, United States Code. 
SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS 
AFFAIRS TO USE INCOME INFORMATION FROM OTHER 
AGENCIES. 
Section 5317(g) of title 38, United States Code, is amended 
by striking ‘‘September 30, 2027’’ and inserting ‘‘September 30, 
2030’’. 
SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF PENSION. 
Section 5503(d)(7) of title 38, United States Code, is amended 
by striking ‘‘September 30, 2028’’ and inserting ‘‘October 30, 2028’’.
H. R. 7105—50 
Subtitle B—Housing 
SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RESERVE 
COMPONENTS OF THE ARMED FORCES FOR HOME LOANS 
FROM THE SECRETARY OF VETERANS AFFAIRS. 
(a) EXPANSION OF DEFINITION OF VETERAN FOR PURPOSES OF 
HOME LOANS.—Section 3701(b) of title 38, United States Code, 
is amended by adding at the end the following new paragraph: 
‘‘(7) The term ‘veteran’ also includes, for purposes of home 
loans, an individual who performed full-time National Guard 
duty (as that term is defined in section 101 of title 10) for 
a period— 
‘‘(A) of not less than 90 cumulative days; and 
‘‘(B) that includes 30 consecutive days.’’. 
(b) EXPANSION OF ELIGIBILITY.—Section 3702(a)(2) of such title 
is amended by adding at the end the following new subparagraph: 
‘‘(G) Each individual described in section 3701(b)(7) of this 
title.’’. 
(c) RETROACTIVE APPLICABILITY.—The amendments made by 
this section shall apply with respect to full-time National Guard 
duty (as defined in section 101 of title 10, United States Code) 
performed before, on, or after the date of the enactment of this 
Act. 
SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED 
BY MAJOR DISASTERS. 
Section 3729(b)(4) of title 38, United States Code, is amended— 
(1) by amending subparagraph (D) to read as follows: 
‘‘(D)(i) The term ‘initial loan’ means a loan to a veteran 
guaranteed under section 3710 or made under section 3711 
of this title if the veteran has never obtained a loan guaranteed 
under section 3710 or made under section 3711 of this title. 
‘‘(ii) If a veteran has obtained a loan guaranteed under 
section 3710 or made under section 3711 of this title and 
the dwelling securing such loan was substantially damaged 
or destroyed by a major disaster declared by the President 
under section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170), the Secretary 
shall treat as an initial loan, as defined in clause (i), the 
next loan the Secretary guarantees or makes to such veteran 
under section 3710 or 3711, respectively, if— 
‘‘(I) such loan is guaranteed or made before the date 
that is three years after the date on which the dwelling 
was substantially damaged or destroyed; and 
‘‘(II) such loan is only for repairs or construction of 
the dwelling, as determined by the Secretary.’’; and 
(2) in subparagraph (E), by striking ‘‘if the veteran has 
previously obtained a loan guaranteed under section 3710 or 
made under section 3711 of this title’’ and inserting ‘‘that 
is not an initial loan’’. 
SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES. 
Section 3729(b)(2) of title 38, United States Code, is amended 
by striking ‘‘October 1, 2029’’ each place it appears and inserting 
‘‘October 1, 2030’’.
H. R. 7105—51 
SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED 
HOUSING ASSISTANCE. 
Section 2102 of title 38, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(g)(1) Whenever the Secretary finds that an overpayment has 
been made to, or on behalf of, a person described in paragraph 
(2), the Secretary shall determine— 
‘‘(A) the amounts to recover, if any; and 
‘‘(B) who is liable to the United States for such overpay-
ment. 
‘‘(2) A person described in this paragraph is any of the following: 
‘‘(A) An individual who applied for assistance— 
‘‘(i) under this chapter; or 
‘‘(ii) under chapter 31 of this title who is pursuing 
a rehabilitation program under such chapter in acquiring 
adaptations to a residence. 
‘‘(B) An owner or seller of real estate used, or intended 
to be used, in connection with assistance under this chapter. 
‘‘(C) A builder, contractor, supplier, tradesperson, corpora-
tion, trust, partnership, or other person, who provided services 
or goods relating to assistance under this chapter. 
‘‘(D) An attorney, escrow agent, or financial institution, 
that receives, or holds in escrow, funds relating to assistance 
under this chapter. 
‘‘(E) A surviving spouse, heir, assignee, or successor in 
interest of or to, any person described in this paragraph. 
‘‘(3)(A) Any overpayment referred to in this subsection may 
be recovered in the same manner as any other debt due the United 
States. 
‘‘(B) In recovering the overpayment, the Secretary may charge 
administrative costs, fees, and interest, as appropriate, in a manner 
similar to the authority under section 5315 of this title. 
‘‘(4)(A) The recovery of any overpayment referred to in this 
subsection may be waived by the Secretary. 
‘‘(B) Waiver of any such overpayment as to a person described 
in paragraph (2) shall in no way release any other person described 
in such paragraph from liability. 
‘‘(5) The Secretary shall waive recovery under this subsection 
of any overpayment to a person described in paragraph (2)(A), 
or a dependent or survivor of such person, that arises from adminis-
trative error described in paragraph (7)(A). 
‘‘(6) Nothing in this subsection shall be construed as precluding 
the imposition of any civil or criminal liability under this title 
or any other law. 
‘‘(7) The Secretary shall prescribe in regulations what con-
stitutes an overpayment for the purposes of this subsection, which, 
at a minimum, shall include— 
‘‘(A) administrative error that results in an individual 
receiving assistance to which that individual is not entitled; 
‘‘(B) the failure of any person described in paragraph (2) 
to— 
‘‘(i) perform or allow to be performed any act relating 
to assistance under this chapter; or 
‘‘(ii) compensate any party performing services or sup-
plying goods relating to assistance under this chapter; and
H. R. 7105—52 
‘‘(C) any disbursement of funds relating to assistance under 
this chapter, that, in the sole discretion of the Secretary, con-
stitutes a misuse of such assistance. 
‘‘(8) Prior to collecting an overpayment under this subsection, 
the Secretary shall provide to the person whom the Secretary has 
determined liable for such overpayment— 
‘‘(A) notice of the finding by the Secretary of such overpay-
ment; 
‘‘(B) a reasonable opportunity for such person to remedy 
the circumstances that effectuated the overpayment; and 
‘‘(C) a reasonable opportunity for such person to present 
evidence to the Secretary that an overpayment was not made. 
‘‘(9) For the purposes of section 511 of this title, a decision 
to collect an overpayment from a person other than a person 
described in paragraph (2)(A), or a dependent or survivor of such 
person, may not be treated as a decision that affects the provision 
of benefits.’’. 
Subtitle C—Burial Matters 
SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO VETERANS’ 
CEMETERIES. 
(a) IN GENERAL.—Subsection (a) of section 2308 of title 38, 
United States Code, is amended by striking ‘‘in a national cemetery’’ 
and inserting ‘‘in a national cemetery or a covered veterans’ ceme-
tery’’. 
(b) COVERED VETERANS’ CEMETERY DEFINED.—Section 2308 of 
such title is amended by adding at the end the following new 
subsection: 
‘‘(c) COVERED VETERANS’ CEMETERY DEFINED.—In this section, 
the term ‘covered veterans’ cemetery’ means a veterans’ cemetery— 
‘‘(1) in which a deceased veteran described in subsection 
(b) is eligible to be buried; 
‘‘(2) that— 
‘‘(A) is owned by a State; or 
‘‘(B) is on trust land owned by, or held in trust for, 
a tribal organization; and 
‘‘(3) for which the Secretary has made a grant under section 
2408 of this title.’’. 
(c) CONFORMING AMENDMENT.—Section 2308 of such title is 
amended in the section heading by adding at the end the following: 
‘‘or a covered veterans’ cemetery’’. 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the item 
relating to section 2308 and inserting the following new item: 
‘‘2308. Transportation of deceased veteran to a national cemetery or a covered vet-
erans’ cemetery.’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date that is two years after the date 
of the enactment of this Act.
H. R. 7105—53 
SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS 
ADMINISTERED 
BY 
THE 
SECRETARY 
OF 
VETERANS 
AFFAIRS. 
(a) FUNERAL EXPENSES FOR NON-SERVICE-CONNECTED DISABIL-
ITIES.—Chapter 23 of title 38, United States Code, is amended 
as follows: 
(1) By transferring subsection (b) of section 2302 to the 
end of section 2303 and redesignating such subsection as sub-
section (d). 
(2) By striking section 2302. 
(3) In section 2303— 
(A) in the section heading, by striking ‘‘Death in 
Department facility’’ and inserting ‘‘Death from non- 
service-connected disability’’; and 
(B) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘a veteran dies 
in a facility described in paragraph (2)’’ and inserting 
‘‘a veteran described in paragraph (2) dies’’; 
(ii) by striking paragraph (2) and inserting the 
following new paragraph (2): 
‘‘(2) A veteran described in this paragraph is a deceased veteran 
who is not covered by section 2307 of this title and who meets 
any of the following criteria: 
‘‘(A) The deceased veteran dies in— 
‘‘(i) a facility of the Department (as defined in section 
1701(3) of this title) to which the deceased veteran was 
properly admitted for hospital, nursing home, or domiciliary 
care under section 1710 or 1711(a) of this title; or 
‘‘(ii) an institution at which the deceased veteran was, 
at the time of death, receiving— 
‘‘(I) hospital care in accordance with sections 
1703A, 8111, and 8153 of this title; 
‘‘(II) nursing home care under section 1720 of this 
title; or 
‘‘(III) nursing home care for which payments are 
made under section 1741 of this title. 
‘‘(B) At the time of death, the deceased veteran (including 
a person who died during a period deemed to be active military, 
naval, or air service under section 106(c) of this title) is in 
receipt of compensation under chapter 11 of this title (or but 
for the receipt of retirement pay would have been entitled 
to such compensation) or was in receipt of pension under 
chapter 15 of this title. 
‘‘(C) The Secretary determines— 
‘‘(i) the deceased veteran (including a person who died 
during a period deemed to be active military, naval, or 
air service under section 106(c) of this title) has no next 
of kin or other person claiming the body of the deceased 
veteran; and 
‘‘(ii) that there are not available sufficient resources 
to cover burial and funeral expenses.’’; 
(iii) in subsection (b)— 
(I) in the matter preceding paragraph (1), by 
striking ‘‘section 2302 of this title and’’; and 
(II) in paragraph (2), by striking ‘‘under sec-
tion 2302 of this title or’’; and
H. R. 7105—54 
(iv) in subsection (d), as added by paragraph (1) 
of this subsection, by striking ‘‘Except as’’ and inserting 
‘‘With respect to a deceased veteran described in 
subparagraph (B) or (C) of subsection (a)(2), except 
as’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TITLE 38.—Such title is amended as follows: 
(A) In section 2304, by striking ‘‘Applications for pay-
ments under section 2302 of this title’’ and inserting 
‘‘Applications for payments under section 2303 of this title 
regarding veterans described in subparagraph (B) or (C) 
of subsection (a)(2) of such section’’. 
(B) In section 2307, by striking ‘‘sections 2302 and 
2303(a)(1) and (b)(2) of this title’’ and inserting ‘‘subsections 
(a)(1) and (b)(2) of section 2303 of this title’’. 
(C) In section 2308— 
(i) in subsection (a), by striking ‘‘pursuant to sec-
tion 2302 or 2307 of this title,’’ and inserting ‘‘pursuant 
to section 2303 of this title regarding veterans 
described in subparagraph (B) or (C) of subsection 
(a)(2) of such section, or pursuant to section 2307 of 
this title,’’; and 
(ii) in subsection (b)(3)— 
(I) by striking ‘‘section 2302’’ and inserting 
‘‘section 2303’’; and 
(II) by striking ‘‘subsection (a)(2)(A)’’ and 
inserting ‘‘subsection (a)(2)(C)’’. 
(D) In section 113(c)(1), by striking ‘‘2302,’’. 
(E) In section 5101(a)(1)(B)(i), by striking ‘‘2302’’ and 
inserting ‘‘2303’’. 
(2) EMERGENCY MEDICAL CARE.—Section 11 of the Military 
Selective Service Act (50 U.S.C. 3810) is amended by striking 
‘‘section 2302(a) of title 38’’ and inserting ‘‘section 2303 of 
title 38, United States Code, regarding veterans described in 
subparagraph (B) or (C) of subsection (a)(2) of such section’’. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the items 
relating to sections 2302 and 2303 and inserting the following 
new item: 
‘‘2303. Death from non-service-connected disability; plot allowance.’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply to deaths that occur on or after the date that is two 
years after the date of the enactment of this Act. 
SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN 
CEMETERIES THAT ARE THE SUBJECTS OF CERTAIN 
GRANTS MADE BY THE SECRETARY OF VETERANS 
AFFAIRS. 
(a) IN GENERAL.—Section 2306(e) of title 38, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘shall’’ and inserting ‘‘may’’; and 
(ii) by inserting ‘‘, or in a cemetery that is the 
subject of a grant to a State or a tribal organization
H. R. 7105—55 
under section 2408 of this title,’’ after ‘‘National Ceme-
tery Administration’’; and 
(B) in subparagraph (C), by striking ‘‘shall’’ and 
inserting ‘‘may’’; and 
(2) by striking paragraph (2) and inserting the following 
new paragraph (2): 
‘‘(2)(A) The use of outer burial receptacles in a cemetery under 
the control of the National Cemetery Administration or in a ceme-
tery that is the subject of a grant to a State or a tribal organization 
under section 2408 of this title shall be in accordance with regula-
tions or procedures approved by the Secretary of Veterans Affairs. 
‘‘(B) The use of outer burial receptacles in Arlington National 
Cemetery shall be in accordance with regulations or procedures 
approved by the Secretary of the Army. 
‘‘(C) The use of outer burial receptacles in a national cemetery 
administered by the National Park Service shall be in accordance 
with regulations or procedures approved by the Secretary of the 
Interior.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date that is two years after the date 
of the enactment of this Act. 
SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN 
ON CERTAIN HEADSTONES AND MARKERS FURNISHED BY 
THE SECRETARY OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 2306 of title 38, United States Code, 
is amended— 
(1) by redesignating subsection (i) as subsection (j); and 
(2) by inserting after subsection (h) the following new sub-
section (i): 
‘‘(i)(1) In addition to any other authority under this section, 
in the case of an individual whose grave is not in a covered cemetery 
(as that term is defined in subsection (f)(2)) and for whom the 
Secretary has furnished a headstone or marker under subsection 
(a) or (d), the Secretary, if feasible and upon request, may replace 
the headstone or marker to add an inscription for the surviving 
spouse or eligible dependent child of such individual following the 
death of the surviving spouse or eligible dependent child. 
‘‘(2) If the spouse or eligible dependent child of an individual 
referred to in paragraph (1) predeceases the individual, the Sec-
retary may, if feasible and upon request, include an inscription 
for the spouse or dependent child on the headstone or marker 
furnished for the individual under subsection (a) or (d).’’. 
(b) APPLICATION.—Subsection (i) of section 2306 of title 38, 
United States Code, as added by subsection (a), shall apply with 
respect to an individual who dies on or after October 1, 2019. 
SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPANSION, AND 
IMPROVEMENT OF VETERANS’ CEMETERIES. 
(a) IN GENERAL.—Section 2408 of title 38, United States Code, 
is amended— 
(1) by inserting ‘‘or county’’ after ‘‘State’’ each place it 
appears; 
(2) in subsection (a)(1), in the matter preceding subpara-
graph (A), by striking ‘‘subsection (b)’’ and inserting ‘‘sub-
sections (b), (c), (d), and (g)’’; 
(3) by adding at the end the following new subsection:
H. R. 7105—56 
‘‘(g)(1) The Secretary may make a grant to a county under 
this section only if— 
‘‘(A)(i) the State in which the county is located does not have 
a veterans’ cemetery owned by the State; 
‘‘(ii) the State is not in receipt of a grant under this section 
for the construction of a new veterans’ cemetery to be owned by 
the State; 
‘‘(iii) the State did not apply for a grant under this section 
during the previous year; 
‘‘(iv) no tribal organization from the State in which the county 
is located has a veterans’ cemetery on trust land owned by, or 
held in trust for, the tribal organization; 
‘‘(v) no such tribal organization is in receipt of a grant under 
this section for the construction of a new veterans’ cemetery to 
be located on such land; and 
‘‘(vi) no such tribal organization applied for a grant under 
this section during the previous year; and 
‘‘(B) the county demonstrates in the application under sub-
section (a)(2), to the satisfaction of the Secretary, that the county 
has the resources necessary to operate and maintain the veterans’ 
cemetery owned by the county. 
‘‘(2)(A) If a county and the State in which the county is located 
both apply for a grant under this section for the same year, the 
Secretary shall give priority to the State. 
‘‘(B) If a county and a tribal organization from the State in 
which the county is located both apply for a grant under this 
section for the same year, the Secretary shall give priority to 
the tribal organization. 
‘‘(3) The Secretary shall prescribe regulations to carry out this 
subsection.’’; and 
(4) in subsection (f)— 
(A) by redesignating paragraph (3) as subsection (h); 
(B) by moving such subsection, as so redesignated, 
to the location after subsection (g), as added by paragraph 
(3); 
(C) in subsection (h), as so redesignated and moved, 
by redesignating subparagraphs (A) and (B) as paragraphs 
(1) and (2), respectively; and 
(D) in the matter preceding paragraph (1), as so 
redesignated, by striking ‘‘this subsection’’ and inserting 
‘‘this section’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended by inserting ‘‘, counties, and tribal organizations’’ 
after ‘‘States’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 24 of such title is amended by striking the 
item relating to section 2408 and inserting the following new 
item: 
‘‘2408. Aid to States, counties, and tribal organizations for establishment, expansion, 
and improvement of veterans’ cemeteries.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take on effect on the date that is two years after the date 
of the enactment of this Act.
H. R. 7105—57 
SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES, 
COUNTIES, AND TRIBAL ORGANIZATIONS FOR OPERATING 
AND MAINTAINING VETERANS’ CEMETERIES. 
Section 2408(e)(2) of title 38, United States Code, is amended 
by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 
SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE PLAQUES FOR 
REMAINS OF CERTAIN VETERANS WHOSE CREMATED 
REMAINS ARE NOT INTERRED IN CERTAIN CEMETERIES. 
(a) IN GENERAL.—Section 2306 of title 38, United States Code, 
as amended by section 2204 of this title, is further amended— 
(1) by redesignating subsections (h), (i), and (j) as sub-
sections (i), (j), and (k), respectively; and 
(2) by inserting after subsection (g) the following new sub-
section (h): 
‘‘(h)(1) In lieu of furnishing a headstone or marker under this 
section for a deceased individual described in paragraph (3), the 
Secretary shall furnish, upon request and at the expense of the 
United States— 
‘‘(A) an urn made of any material to signify the individual’s 
status as a veteran, in which the remains of such individual 
may be placed at private expense; or 
‘‘(B) a commemorative plaque signifying the individual’s 
status as a veteran. 
‘‘(2) If the Secretary furnishes an urn or commemorative plaque 
for an individual under paragraph (1), the Secretary may not pro-
vide for such individual— 
‘‘(A) a headstone or marker under this section; or 
‘‘(B) any burial benefit under section 2402 of this title. 
‘‘(3) A deceased individual described in this paragraph is an 
individual— 
‘‘(A) who served in the Armed Forces on or after April 
6, 1917; 
‘‘(B) who is eligible for a headstone or marker furnished 
under subsection (d) (or would be so eligible but for the date 
of the death of the individual); and 
‘‘(C) whose remains were cremated and not interred in 
a national cemetery, a State veterans’ cemetery, a tribal ceme-
tery, a county cemetery, or a private cemetery. 
‘‘(4)(A) Any urn or commemorative plaque furnished under this 
subsection shall be the personal property of the next of kin or 
such other individual as the Secretary considers appropriate. 
‘‘(B) The Federal Government shall not be liable for any damage 
to an urn or commemorative plaque furnished under this subsection 
that occurs after the date on which the urn or commemorative 
plaque is so furnished. 
‘‘(5) The Secretary shall prescribe regulations to carry out this 
subsection.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take on effect on the date that is two years after the date 
of the enactment of this Act. 
SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS’ CEMETERY 
PERSONNEL BY NATIONAL CEMETERY ADMINISTRATION. 
(a) IN GENERAL.—Section 2408 of title 38, United States Code, 
as amended by sections 2205 and 2206 of this title, is further 
amended—
H. R. 7105—58 
(1) in subsection (b)(1)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘and (ii) the cost’’ and inserting 
‘‘(ii) the cost’’; and 
(ii) by inserting ‘‘; and (iii) training costs described 
in subsection (c)(1)’’ before the semicolon; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘and (ii) the cost’’ and inserting 
‘‘(ii) the cost’’; and 
(ii) by inserting ‘‘; and (iii) training costs described 
in subsection (c)(1)’’ before the period; 
(2) by redesignating subsections (c) through (h) as sub-
sections (d) through (i), respectively; and 
(3) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c)(1) A grant under this section for a purpose described in 
subparagraph (A) or (B) of subsection (a)(1) may be used, solely 
or in part, for training costs, including travel expenses and up 
to four weeks of lodging expenses, associated with attendance by 
employees of a veterans’ cemetery owned by a State or on trust 
land owned by, or held in trust for, a tribal organization at training 
provided by the National Cemetery Administration. 
‘‘(2) Any employee described in paragraph (1) who participates 
in training described in such paragraph shall fulfill a service 
requirement as determined by the Secretary. 
‘‘(3) The Secretary may by regulation prescribe such additional 
terms and conditions for grants used for training costs under this 
subsection as the Secretary considers appropriate.’’. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than each of two years and 
five years after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall submit to the Committee 
on Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives a report on 
training provided by the National Cemetery Administration 
under subsection (c) of section 2408 of title 38, United States 
Code, as added by subsection (a). 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) The attrition rate with respect to individuals who 
participate in the training described in paragraph (1). 
(B) A description of how State and tribal veterans’ 
cemeteries that used grants awarded under section 2408 
of title 38, United States Code, for training costs under 
subsection (c) of such section, as added by subsection (a), 
have improved as a result of the training, according to 
the administrators of such cemeteries. 
(C) An identification of how many State and tribal 
veterans’ cemeteries used the authority provided by sub-
section (c) of section 2408 of title 38, United States Code, 
as added by subsection (a), in order to train individuals. 
(D) The amount obligated or expended as a result 
of the authority described in subparagraph (C).
H. R. 7105—59 
TITLE III—HEALTH CARE 
Subtitle A—Health Care Generally 
SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DIRECTED 
CARE PROGRAM. 
Section 20006 of the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116–136) is amended— 
(1) by striking ‘‘During a public health emergency’’ each 
place it appears and inserting ‘‘During the period specified 
in subsection (f)’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘during a public health emergency’’ and inserting ‘‘during 
the period specified in subsection (f)’’; and 
(B) in paragraph (1), by striking ‘‘an area agency on 
aging’’ and inserting ‘‘a covered provider’’; and 
(3) by striking subsection (e) and inserting the following 
new subsections: 
‘‘(e) TRANSFER
OF CERTAIN VETERANS
TO
THE PROGRAM.— 
During the period specified in subsection (f), the Secretary shall 
allow a veteran residing in an area covered by the Program to 
be transferred to the Program for the duration of such period 
if— 
‘‘(1) the veteran had been receiving extended care services 
paid for by the Department, such as adult day services or 
homemaker or home health aide services, immediately pre-
ceding such period; and 
‘‘(2) those services are no longer available due to a public 
health emergency. 
‘‘(f) PERIOD SPECIFIED.—The period specified in this subsection 
is the period beginning on the date on which a public health 
emergency was first declared and ending on the date that is 60 
days after the date on which a public health emergency is no 
longer in effect. 
‘‘(g) COVERED PROVIDER DEFINED.—In this section, the term 
‘covered provider’ means a provider participating in the Program, 
including— 
‘‘(1) an Aging and Disability Resource Center, an area 
agency on aging, or a State agency (as those terms are defined 
in section 102 of the Older Americans Act of 1965 (42 U.S.C. 
3002)); or 
‘‘(2) a center for independent living (as defined in section 
702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)).’’. 
SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH CARE 
COPAYMENT BY THE SECRETARY OF VETERANS AFFAIRS 
FROM A VETERAN WHO IS A MEMBER OF AN INDIAN 
TRIBE. 
(a) IN GENERAL.—Section 1730A of title 38, United States Code, 
is amended— 
(1) in the heading, by striking ‘‘catastrophically dis-
abled’’ and inserting ‘‘certain’’; 
(2) by inserting ‘‘(a) PROHIBITION.—’’ before ‘‘Notwith-
standing’’;
H. R. 7105—60 
(3) by striking ‘‘a veteran who is catastrophically disabled, 
as defined by the Secretary,’’ and inserting ‘‘a covered veteran’’; 
and 
(4) by adding at the end the following new subsection: 
‘‘(b) COVERED VETERAN DEFINED.—In this section, the term 
‘covered veteran’ means a veteran who— 
‘‘(1) is catastrophically disabled, as defined by the Sec-
retary; or 
‘‘(2) is an Indian or urban Indian (as those terms are 
defined in section 4 of the Indian Health Care Improvement 
Act (25 U.S.C. 1603)).’’. 
(b) TECHNICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 17 of such title is amended by striking the item 
relating to section 1730A and inserting the following: 
‘‘1730A. Prohibition on collection of copayments from certain veterans.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the day that is one year after the date of 
the enactment of this Act. 
SEC. 3003. OVERSIGHT FOR STATE HOMES REGARDING COVID–19 
INFECTIONS, 
RESPONSE 
CAPACITY, 
AND 
STAFFING 
LEVELS. 
(a) REPORTING.— 
(1) IN GENERAL.—During a covered public health emer-
gency, each State home shall submit weekly to the Secretary 
of Veterans Affairs and the National Healthcare Safety Network 
of the Centers for Disease Control and Prevention, through 
an electronic medium and in a standardized format specified 
by the Secretary, a report on the emergency. 
(2) ELEMENTS.—Each report required by paragraph (1) for 
a State home shall include the following: 
(A) The number of suspected and confirmed COVID– 
19 infections among residents and staff, including residents 
previously treated for COVID–19, disaggregated by— 
(i) veteran, spouse of a veteran, staff, and other; 
(ii) race and ethnicity; 
(iii) gender; and 
(iv) age. 
(B) The number of total deaths and COVID–19 deaths 
among residents and staff, disaggregated by— 
(i) veteran, spouse of a veteran, staff, and other; 
(ii) race and ethnicity; 
(iii) gender; and 
(iv) age. 
(C) An assessment of the supply of personal protective 
equipment and hand hygiene supplies. 
(D) An assessment of ventilator capacity and supplies. 
(E) The number of resident beds and the occupancy 
rate, disaggregated by veteran, spouse of a veteran, and 
other. 
(F) An assessment of the access of residents to testing 
for COVID–19. 
(G) An assessment of staffing shortages, if any. 
(H) Such other information as the Secretary may 
specify. 
(b) PUBLICATION OF TOTAL INFECTIONS AND DEATHS.—
H. R. 7105—61 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, and not less frequently than 
weekly thereafter, the Secretary shall post on a publicly avail-
able website of the Department of Veterans Affairs— 
(A) the total number of residents and staff of State 
homes who are infected with COVID–19; and 
(B) the total number of such residents and staff who 
have died from COVID–19. 
(2) INFORMATION ON RESIDENTS AND STAFF.—The Secretary 
shall disaggregate information on residents and staff published 
under paragraph (1) by veteran, staff, and other. 
(c) DEFINITIONS.—In this section: 
(1) COVERED PUBLIC HEALTH EMERGENCY.—The term ‘‘cov-
ered public health emergency’’ means an emergency with 
respect to COVID–19 declared by a Federal, State, or local 
authority. 
(2) STATE HOME.—The term ‘‘State home’’ has the meaning 
given that term in section 101(19) of title 38, United States 
Code. 
SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS. 
(a) STATE HOME DEFINED.—Section 101(19) of title 38, United 
States Code, is amended by inserting ‘‘or Indian tribe (as defined 
in section 4 of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304))’’ after ‘‘(other than a possession)’’. 
(b) PAYMENTS
TO STATE HOMES.—Section 1741 of title 38, 
United States Code, is amended by adding at the end the following 
new subsection: 
‘‘(g) In this subchapter, the term ‘State’ means each of the 
several States and each Indian tribe (as defined in section 4 of 
the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5304)).’’. 
(c) STATE HOME CONSTRUCTION.— 
(1) IN GENERAL.—Section 8131(2) of title 38, United States 
Code, is amended by inserting ‘‘includes each Indian tribe (as 
defined in section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)) but’’ before ‘‘does not’’. 
(2) CONFORMING AMENDMENT.—Section 8132 of such title 
is amended by striking ‘‘several’’. 
(d) ADDITIONAL LEGISLATIVE OR ADMINISTRATIVE ACTION.— 
(1) CONSULTATION WITH INDIAN TRIBES.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall consult with Indian tribes 
to determine if any legislative or administrative action is nec-
essary to modify the State home program to function efficiently 
in support of State homes operated by Indian tribes pursuant 
to the amendments made by this section. 
(2) REPORT TO CONGRESS.—Not later than 90 days after 
completing consultations under paragraph (1), the Secretary 
shall submit to the appropriate committees of Congress a report 
recommending legislative action that the Secretary considers 
appropriate to modify the State home program described in 
such paragraph in light of those consultations. 
(3) MODIFICATIONS.—Not later than 180 days after com-
pleting consultations under paragraph (1), the Secretary shall 
make any modifications to regulations implementing the State 
home program, for which legislative action is not necessary,
H. R. 7105—62 
as the Secretary considers appropriate in light of those consulta-
tions. 
(e) TECHNICAL SUPPORT AND ASSISTANCE.—The Secretary of 
Veterans Affairs shall provide technical support and assistance 
to Indian tribes in carrying out the State home program at State 
homes operated by Indian tribes pursuant to the amendments made 
by this section. 
(f) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Veterans’ Affairs and the Com-
mittee on Indian Affairs of the Senate; and 
(B) the Committee on Veterans’ Affairs and the Sub-
committee for Indigenous Peoples of the United States 
of the Committee on Natural Resources of the House of 
Representatives. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given that term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304). 
(3) STATE HOME.—The term ‘‘State home’’ has the meaning 
given that term in section 101(19) of title 38, United States 
Code. 
(4) STATE HOME PROGRAM.—The term ‘‘State home pro-
gram’’ means the program of the Department of Veterans 
Affairs for which payments are made under subchapter V of 
chapter 17 of title 38, United States Code, and assistance 
is provided under subchapter III of chapter 81 of such title. 
SEC. 
3005. 
CONTINUATION 
OF 
WOMEN’S 
HEALTH 
TRANSITION 
TRAINING PROGRAM OF DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) DURATION.—The Secretary of Veterans Affairs shall carry 
out the Women’s Health Transition Training program of the Depart-
ment of Veterans Affairs (in this section referred to as the ‘‘Pro-
gram’’) until at least one year after the date of the enactment 
of this Act. 
(b) REPORT.—Not later than one year and ten days after the 
date of the enactment of this Act, the Secretary of Defense and 
the Secretary of Veterans Affairs shall jointly submit to the appro-
priate congressional committees a report on the Program that 
includes the following: 
(1) The number of women members of the Armed Forces, 
disaggregated by military department (with respect to the 
Department of the Navy, disaggregated by the Navy and Marine 
Corps), who participated in the Program. 
(2) The number of courses held under the Program. 
(3) The locations at which such courses were held, the 
number of seats available for such courses, and the number 
of participants at each such location. 
(4) With respect to the number of members of the Armed 
Forces who participated in the Program as specified under 
paragraph (1)— 
(A) the number who enrolled in the health care system 
of the Department of Veterans Affairs under section 1705(a) 
of title 38, United States Code; and
H. R. 7105—63 
(B) the number who attended at least one health care 
appointment at a medical facility of the Department of 
Veterans Affairs. 
(5) Data relating to— 
(A) satisfaction with courses held under the Program; 
(B) improved awareness of health care services 
administered by the Secretary of Veterans Affairs; and 
(C) any other available statistics regarding the Pro-
gram. 
(6) A discussion of regulatory, legal, or resource barriers 
to— 
(A) making the Program permanent to enable access 
to services provided under the Program by a greater 
number of women members of the Armed Forces at loca-
tions throughout the United States; 
(B) offering the Program online for women members 
of the Armed Forces who are unable to attend courses 
held under the Program in person; and 
(C) the feasability of automatically enrolling Program 
participants in the health care system of the Department 
of Veterans Affairs under section 1705(a) of title 38, United 
States Code. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Veterans’ Affairs of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Veterans’ Affairs of the House of Representatives. 
SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO 
FURNISH MEDICALLY NECESSARY TRANSPORTATION FOR 
NEWBORN CHILDREN OF CERTAIN WOMEN VETERANS. 
(a) IN GENERAL.—Section 1786 of title 38, United States Code, 
as amended by section 9102 of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021, is further 
amended— 
(1) in subsection (a)— 
(A) in the matter before paragraph (1), by inserting 
‘‘and transportation necessary to receive such services’’ 
after ‘‘described in subsection (b)’’; 
(B) in paragraph (1), by striking ‘‘or’’; 
(C) in paragraph (2), by striking the period at the 
end and inserting ‘‘; or’’; and 
(D) by adding at the end the following new paragraph: 
‘‘(3) another location, including a health care facility, if 
the veteran delivers the child before arriving at a facility 
described in paragraph (1) or (2).’’; 
(2) in subsection (b), by inserting before the period at 
the end the following: ‘‘, including necessary health care services 
provided by a facility other than the facility where the newborn 
child was delivered (including a specialty pediatric hospital) 
that accepts transfer of the newborn child and responsibility 
for treatment of the newborn child’’; and 
(3) by adding at the end the following new subsections: 
‘‘(d) TRANSPORTATION.—(1) Transportation furnished under sub-
section (a) to, from, or between care settings to meet the needs
H. R. 7105—64 
of a newborn child includes costs for either or both the newborn 
child and parents. 
‘‘(2) Transportation furnished under subsection (a) includes 
transportation by ambulance, including air ambulance, or other 
appropriate medically staffed modes of transportation— 
‘‘(A) to another health care facility (including a specialty 
pediatric hospital) that accepts transfer of the newborn child 
or otherwise provides post-delivery care services when the 
treating facility is not capable of furnishing the care or services 
required; or 
‘‘(B) to a health care facility in a medical emergency of 
such nature that a prudent layperson reasonably expects that 
delay in seeking immediate medical attention would be haz-
ardous to life or health. 
‘‘(3) Amounts paid by the Department for transportation under 
this section shall be derived from the Medical Services appropria-
tions account of the Department. 
‘‘(e) REIMBURSEMENT OR PAYMENT FOR HEALTH CARE SERVICES 
OR TRANSPORTATION.—(1) Pursuant to regulations the Secretary 
shall prescribe to establish rates of reimbursement and any limita-
tions thereto under this section, the Secretary shall directly 
reimburse a covered entity for health care services or transportation 
services provided under this section, unless the cost of the services 
or transportation is covered by an established agreement or con-
tract. If such an agreement or contract exists, its negotiated pay-
ment terms shall apply. 
‘‘(2)(A) Reimbursement or payment by the Secretary under 
this section on behalf of an individual to a covered entity shall, 
unless rejected and refunded by the covered entity within 30 days 
of receipt, extinguish any liability on the part of the individual 
for the health care services or transportation covered by such pay-
ment. 
‘‘(B) Neither the absence of a contract or agreement between 
the Secretary and a covered entity nor any provision of a contract, 
agreement, or assignment to the contrary shall operate to modify, 
limit, or negate the requirements of subparagraph (A). 
‘‘(3) In this subsection, the term ‘covered entity’ means any 
individual, transportation carrier, organization, or other entity that 
furnished or paid for health care services or transportation under 
this section.’’. 
(b) TREATMENT OF CERTAIN EXPENSES ALREADY INCURRED.— 
(1) IN GENERAL.—Pursuant to such regulations as the Sec-
retary of Veterans Affairs shall prescribe, with respect to 
transportation furnished in order for a newborn child of a 
veteran to receive health care services under section 1786 of 
title 38, United States Code, during the period specified in 
paragraph (2), the Secretary may— 
(A) waive a debt owed by the veteran to the Depart-
ment of Veterans Affairs or reimburse expenses already 
paid by the veteran to the Department for such transpor-
tation; 
(B) reimburse the veteran for expenses already paid 
by the veteran to a covered entity for such transportation; 
or 
(C) reimburse a covered entity for the costs of such 
transportation.
H. R. 7105—65 
(2) PERIOD SPECIFIED.—The period specified in this para-
graph is the period beginning on May 5, 2010, and ending 
on the date of the enactment of this Act. 
(3) COVERED ENTITY DEFINED.—In this subsection, the term 
‘‘covered entity’’ has the meaning given that term in section 
1786(e)(3) of title 38, United States Code, as added by sub-
section (a). 
SEC. 3007. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS 
AFFAIRS FOR RECEIPT OF PER DIEM PAYMENTS FOR 
DOMICILIARY CARE AT STATE HOMES AND MODIFICA-
TION OF ELIGIBILITY FOR SUCH PAYMENTS. 
(a) WAIVER OF REQUIREMENTS.—Notwithstanding section 1741 
of title 38, United States Code (as amended by subsection (b)), 
the Secretary of Veterans Affairs shall modify section 51.51(b) of 
title 38, Code of Federal Regulations (or successor regulations), 
to provide the Secretary the authority to waive the requirements 
under such section 51.51(b) for a veteran to be eligible for per 
diem payments for domiciliary care at a State home if— 
(1) the veteran has met not fewer than four of the require-
ments set forth in such section; or 
(2) such waiver would be in the best interest of the veteran. 
(b) MODIFICATION OF ELIGIBILITY.—Section 1741(a)(1) of title 
38, United States Code, is amended, in the flush text following 
subparagraph (B), by striking ‘‘in a Department facility’’ and 
inserting ‘‘under the laws administered by the Secretary’’. 
(c) STATE HOME DEFINED.—In this section, the term ‘‘State 
home’’ has the meaning given that term in section 101(19) of title 
38, United States Code. 
SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON 
STAFFING AND VACANCIES AT FACILITIES OF THE 
DEPARTMENT 
OF 
VETERANS 
AFFAIRS 
TO 
INCLUDE 
INFORMATION ON DURATION OF HIRING PROCESS. 
(a) QUARTERLY UPDATE.—Subsection (a)(1) of section 505 of 
the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C. 
301 note) is amended by adding at the end the following new 
subparagraph: 
‘‘(E) Beginning with any update under paragraph (3) 
on or after the date of the enactment of the Johnny Isakson 
and David P. Roe, M.D. Veterans Health Care and Benefits 
Improvement Act of 2020, the following: 
‘‘(i) For employees appointed under paragraphs (1) 
and (3) of section 7401 of title 38, United States Code, 
the number of employees for which the duration of 
the process from validation of vacancy to receipt of 
official offer and notification of actual start date 
exceeds the metrics laid out in the Time to Hire Model 
of the Veterans Health Administration, or successor 
model. 
‘‘(ii) The percentage of employees who are 
described in clause (i) compared to all employees 
appointed under paragraphs (1) and (3) of section 7401 
of such title during the same period. 
‘‘(iii) The average number of days potential hires 
or new hires appointed under paragraphs (1) and (3) 
of section 7401 of such title spent in each phase of 
the Time to Hire Model, or successor model.’’.
H. R. 7105—66 
(b) ANNUAL REPORT.—Subsection (b) of such section is amended, 
in the first sentence, by adding before the period at the end the 
following: ‘‘and to improve the onboard timeline for facilities for 
which the duration of the onboarding process exceeds the metrics 
laid out in the Time to Hire Model of the Veterans Health Adminis-
tration, or successor model’’. 
SEC. 3009. REQUIREMENT FOR CERTAIN DEPARTMENT OF VETERANS 
AFFAIRS MEDICAL FACILITIES TO HAVE PHYSICAL LOCA-
TION FOR THE DISPOSAL OF CONTROLLED SUBSTANCES 
MEDICATIONS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs shall 
ensure that each covered Department medical facility has a physical 
location where patients may dispose of controlled substances medi-
cations. 
(b) COVERED DEPARTMENT MEDICAL FACILITY.—In this section, 
the term ‘‘covered Department medical facility’’ means a medical 
facility of the Department of Veterans Affairs with an onsite phar-
macy or a physical location dedicated for law enforcement purposes. 
(c) EFFECTIVE DATE.—This section shall take effect on January 
1, 2022. 
SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR 
CLINICAL 
OBSERVATION 
BY 
UNDERGRADUATE 
STU-
DENTS. 
(a) ESTABLISHMENT.—The Secretary of Veterans Affairs shall 
carry out a pilot program for a one-year period, beginning not 
later than August 15, 2021, to provide certain students described 
in subsection (d) a clinical observation experience at medical centers 
of the Department of Veterans Affairs. 
(b) MEDICAL CENTER SELECTION.—The Secretary shall carry 
out the pilot program under this section at not fewer than five 
medical centers of the Department. In selecting such medical cen-
ters, the Secretary shall ensure regional diversity among such 
selected medical centers. 
(c) CLINICAL OBSERVATION SESSIONS.— 
(1) FREQUENCY AND DURATION.—In carrying out the pilot 
program, the Secretary shall— 
(A) provide at least one and not more than three clin-
ical observation sessions at each medical center selected 
during each calendar year; 
(B) ensure that each clinical observation session— 
(i) lasts between four and six months; and 
(ii) to the extent practicable, begins and ends 
concurrently with one or more academic terms of an 
institution of higher education (as defined in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 
1001)); and 
(C) ensure that the clinical observation sessions pro-
vided at a medical center have minimal overlap. 
(2) SESSIONS.—The Secretary shall ensure that the pilot 
program consists of clinical observation sessions as follows: 
(A) Each session shall allow for not fewer than five 
students nor greater than 15 students to participate in 
the session. 
(B) Each session shall consist of not fewer than 20 
observational hours nor greater than 40 observational 
hours.
H. R. 7105—67 
(C) A majority of the observational hours shall be 
spent observing a health professional. The other observa-
tional hours shall be spent in a manner that ensures a 
robust, well rounded experience that exposes the students 
to a variety of aspects of medical care and health care 
administration. 
(D) Each session shall provide a diverse clinical 
observation experience. 
(d) STUDENTS.— 
(1) SELECTION.—The Secretary shall select to participate 
in the pilot program under subsection (a) students who are— 
(A) nationals of the United States; 
(B) enrolled in an accredited program of study at an 
institution of higher education; and 
(C) referred by their institution of higher education 
following an internal application process. 
(2) PRIORITY.—In making such selection, the Secretary shall 
give priority to each of the following five categories of students: 
(A) Students who, at the time of the completion of 
their secondary education, resided in a health professional 
shortage area (as defined in section 332 of the Public 
Health Service Act (42 U.S.C. 254e)). 
(B) First generation college students (as defined in 
section 402A(h)(3) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(a))). 
(C) Students who have been referred by minority- 
serving institutions (as defined in section 371(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1067q(a))). 
(D) Veterans (as defined in section 101 of title 38, 
United States Code). 
(E) Students who indicate an intention to specialize 
in a health professional occupation identified by the 
Inspector General of the Department under section 7412 
of title 38, United States Code, as having a staffing short-
age. 
(3) ASSIGNMENT TO MEDICAL CENTERS.—The Secretary shall 
assign students selected under paragraph (1) to medical centers 
selected under subsection (b) without regard for whether such 
medical centers have staffing shortages in any health profes-
sional occupation pursuant to section 7412 of title 38, United 
States Code. 
(e) OTHER MATTERS.—In carrying out the pilot program under 
this section, the Secretary shall— 
(1) establish a formal status to facilitate the access to 
medical centers of the Department by student observers partici-
pating in the pilot program; 
(2) establish standardized legal, privacy, and ethical 
requirements for the student observers, including with respect 
to— 
(A) ensuring that no student observer provides any 
care to patients while participating as an observer; and 
(B) ensuring the suitability of a student to participate 
in the pilot program to ensure that the student poses 
no risk to patients; 
(3) develop and implement a partnership strategy with 
minority-serving institutions to encourage referrals; 
(4) create standardized procedures for student observers;
H. R. 7105—73 
(D) an assessment of how the audit informed the 
national policy of the Department with respect to the sched-
uling of appointments and management of consultations; 
and 
(E) a description of any remediation plans to address 
issues raised by the audit that was completed. 
SEC. 3103. ADMINISTRATION OF NON-DEPARTMENT OF VETERANS 
AFFAIRS HEALTH CARE. 
(a) CERTIFICATION OF PROPER ADMINISTRATION OF NON-DEPART-
MENT CARE.— 
(1) REVIEW.— 
(A) IN GENERAL.—The Secretary of Veterans Affairs 
shall conduct a review of the staffing, training, and other 
requirements necessary to administer section 1703 of title 
38, United States Code. 
(B) ELEMENTS.—The review conducted under subpara-
graph (A) shall include, with respect to each medical facility 
of the Department of Veterans Affairs— 
(i) an assessment of the type of positions required 
to be staffed at the medical facility; 
(ii) the number of such positions authorized; 
(iii) the number of such positions funded; 
(iv) the number of such positions filled; and 
(v) the number of additional such positions 
required to be authorized. 
(2) SUBMITTAL
TO
CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, and every 180 
days thereafter, the Secretary shall submit to the Committee 
on Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives— 
(A) the results of the review conducted under para-
graph (1); and 
(B) a certification that the Secretary has established 
all staffing, training, and other requirements required to 
be reviewed under such paragraph. 
(b) SCHEDULING OF APPOINTMENTS.— 
(1) MEASUREMENT
OF
TIMELINESS
FOR
EACH
FACILITY.— 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary shall measure, with respect to referrals 
for non-Department health care originating from medical facili-
ties of the Department, for each such facility— 
(A) the period of time between— 
(i) the date that a clinician of the Department 
determines that a veteran requires care, or a veteran 
presents to the Department requesting care, and the 
date that the referral for care is sent to a non-Depart-
ment health care provider; 
(ii) the date that the referral for care is sent to 
a non-Department health care provider and the date 
that a non-Department health care provider accepts 
the referral; 
(iii) the date that a non-Department health care 
provider accepts the referral and the date that the 
referral to a non-Department health care provider is 
completed;
H. R. 7105—74 
(iv) the date that the referral to a non-Department 
health care provider is completed and the date that 
an appointment with a non-Department health care 
provider is made; and 
(v) the date that an appointment with a non- 
Department health care provider is made and the date 
that an appointment with a non-Department health 
care provider occurs; and 
(B) any other period of time that the Secretary deter-
mines necessary to measure. 
(2) SUBMISSIONS TO CONGRESS.— 
(A) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall 
submit to the Committee on Veterans’ Affairs of the Senate 
and the Committee on Veterans’ Affairs of the House of 
Representatives the data measured under paragraph (1), 
disaggregated by medical facility. 
(B) UPDATE.—Not less frequently than biweekly, the 
Secretary shall update the data submitted under subpara-
graph (A). 
(c) COMPTROLLER GENERAL REPORT.— 
(1) REVIEW.—Beginning not later than one year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall review compliance by the Secretary 
with the requirements of this section, including a review of 
the validity and reliability of data submitted by the Secretary 
under subsection (b)(2). 
(2) REPORT.—Not later than three years after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committee on Veterans’ Affairs of the Senate 
and the Committee on Veterans’ Affairs of the House of Rep-
resentatives the results of the review conducted under para-
graph (1). 
SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION AND 
SCHEDULING POSITIONS OF DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) PROPER GRADING OF CONSULTATION AND SCHEDULING POSI-
TIONS.— 
(1) IN GENERAL.—The Secretary of Veterans Affairs shall 
conduct an examination of health care positions of the Depart-
ment of Veterans Affairs to determine whether health care 
positions involved in the consultation and scheduling processes 
are appropriately graded. 
(2) CONSULTATION.—In conducting the examination under 
paragraph (1), the Secretary shall consult with health care 
staffing experts in the Federal Government and the private 
sector. 
(3) SUBMITTAL
TO
CONGRESS.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate committees of Congress the 
results of the examination conducted under paragraph (1). 
(b) REVIEW OF ONBOARDING PROCESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary shall 
submit to the appropriate committees of Congress—