2251 
† HR 2617 EAS2 
days in such transition year divided by 
365. 
‘‘(C) TRANSITION YEAR.—For purposes of 
this paragraph, the transition year is the period 
beginning after the termination date and ending 
on the last day of the calendar year during 
which the termination occurs. 
‘‘(D) SAFE HARBOR PLAN.—For purposes of 
this paragraph, the term ‘safe harbor plan’ 
means a qualified cash or deferred arrangement 
which meets the requirements of paragraph (11), 
(12), (13), or (16) of section 401(k).’’. 
(b) WAIVER OF 2-YEAR WITHDRAWAL LIMITATION IN 
CASE OF PLANS CONVERTING TO 401(k) OR 403(b).— 
(1) IN GENERAL.—Paragraph (6) of section 72(t) 
is amended— 
(A) by striking ‘‘ACCOUNTS.—In the case 
of’’ and inserting ‘‘ACCOUNTS.— 
‘‘(A) IN GENERAL.—In the case of’’, and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) WAIVER IN CASE OF PLAN CONVERSION 
TO 401(k) OR 403(b).—In the case of an em-
ployee of an employer which terminates the 
qualified salary reduction arrangement of the
2252 
† HR 2617 EAS2 
employer under section 408(p) and establishes a 
qualified cash or deferred arrangement described 
in section 401(k) or purchases annuity contracts 
described in section 403(b), subparagraph (A) 
shall not apply to any amount which is paid in 
a rollover contribution described in section 
408(d)(3) into a qualified trust under section 
401(k) (but only if such contribution is subse-
quently 
subject 
to 
the 
rules 
of 
section 
401(k)(2)(B)) or an annuity contract described 
in section 403(b) (but only if such contribution 
is subsequently subject to the rules of section 
403(b)(12)) for the benefit of the employee.’’. 
(2) CONFORMING
AMENDMENT.—Subparagraph 
(G) of section 408(d)(3) is amended by striking 
‘‘72(t)(6)’’ and inserting ‘‘72(t)(6)(A)’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to plan years beginning after December 
31, 2023. 
SEC. 333. ELIMINATION OF ADDITIONAL TAX ON CORREC-
TIVE DISTRIBUTIONS OF EXCESS CONTRIBU-
TIONS. 
(a) IN
GENERAL.—Subparagraph (A) of section 
72(t)(2) is amended— 
(1) by striking ‘‘or’’ at the end of clause (vii);
2253 
† HR 2617 EAS2 
(2) by striking the period at the end of clause 
(viii) and inserting ‘‘, or’’; and 
(3) by inserting after clause (viii) the following 
new clause: 
‘‘(ix) attributable to withdrawal of net 
income attributable to a contribution which 
is 
distributed 
pursuant 
to 
section 
408(d)(4).’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to any determination of, or affecting, 
liability for taxes, interest, or penalties which is made on 
or after the date of the enactment of this Act, without regard 
to whether the act (or failure to act) upon which the deter-
mination is based occurred before such date of enactment. 
Notwithstanding the preceding sentence, nothing in the 
amendments made by this section shall be construed to cre-
ate an inference with respect to the law in effect prior to 
the effective date of such amendments. 
SEC. 334. LONG-TERM CARE CONTRACTS PURCHASED WITH 
RETIREMENT PLAN DISTRIBUTIONS. 
(a) IN GENERAL.—Section 401(a) is amended by in-
serting after paragraph (38) the following new paragraph: 
‘‘(39) QUALIFIED
LONG-TERM
CARE
DISTRIBU-
TIONS.—
2254 
† HR 2617 EAS2 
‘‘(A) IN GENERAL.—A trust forming part of 
a defined contribution plan shall not be treated 
as failing to constitute a qualified trust under 
this section solely by reason of allowing qualified 
long-term care distributions. 
‘‘(B) QUALIFIED
LONG-TERM
CARE
DIS-
TRIBUTION.—For purposes of this paragraph— 
‘‘(i) IN GENERAL.—The term ‘qualified 
long-term care distribution’ means so much 
of the distributions made during the taxable 
year as does not exceed, in the aggregate, 
the least of the following: 
‘‘(I) The amount paid by or as-
sessed to the employee during the tax-
able year for or with respect to cer-
tified long-term care insurance for the 
employee or the employee’s spouse (or 
other family member of the employee 
as provided by the Secretary by regula-
tion). 
‘‘(II) An amount equal to 10 per-
cent of the present value of the non-
forfeitable accrued benefit of the em-
ployee under the plan. 
‘‘(III) $2,500.
2255 
† HR 2617 EAS2 
‘‘(ii) ADJUSTMENT FOR INFLATION.— 
In the case of taxable years beginning after 
December 31, 2024, the $2,500 amount in 
clause (i)(II) shall be increased by an 
amount equal to— 
‘‘(I) such dollar amount, multi-
plied by 
‘‘(II) the cost-of-living adjustment 
determined under section 1(f)(3) for 
the calendar year in which the taxable 
year begins, determined by substituting 
‘calendar year 2023’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
If any increase under the preceding sentence 
is not a multiple of $100, such amount shall 
be rounded to the nearest multiple of $100. 
‘‘(C) CERTIFIED LONG-TERM CARE INSUR-
ANCE.—The term ‘certified long-term care insur-
ance’ means— 
‘‘(i) a qualified long-term care insur-
ance 
contract 
(as 
defined 
in 
section 
7702B(b)) covering qualified long-term care 
services (as defined in section 7702B(c)), 
‘‘(ii) coverage of the risk that an in-
sured individual would become a chron-
2256 
† HR 2617 EAS2 
ically ill individual (within the meaning of 
section 101(g)(4)(B)) under a rider or other 
provision of a life insurance contract which 
satisfies 
the 
requirements 
of 
section 
101(g)(3) (determined without regard to 
subparagraph (D) thereof), or 
‘‘(iii) coverage of qualified long-term 
care services (as so defined) under a rider 
or other provision of an insurance or annu-
ity contract which is treated as a separate 
contract under section 7702B(e) and satis-
fies the requirements of section 7702B(g), 
if such coverage provides meaningful financial 
assistance in the event the insured needs home- 
based or nursing home care. For purposes of the 
preceding sentence, coverage shall not be deemed 
to provide meaningful financial assistance unless 
benefits are adjusted for inflation and consumer 
protections are provided, including protection in 
the event the coverage is terminated. 
‘‘(D) DISTRIBUTIONS MUST OTHERWISE BE 
INCLUDIBLE.—Rules similar to the rules of sec-
tion 402(l)(3) shall apply for purposes of this 
paragraph.
2257 
† HR 2617 EAS2 
‘‘(E) LONG-TERM
CARE
PREMIUM
STATE-
MENT.— 
‘‘(i) IN
GENERAL.—No distribution 
shall be treated as a qualified long-term 
care distribution unless a long-term care 
premium statement with respect to the em-
ployee has been filed with the plan. 
‘‘(ii) 
LONG-TERM
CARE
PREMIUM 
STATEMENT.—For purposes of this para-
graph, a long-term care premium statement 
is a statement provided by the issuer of 
long-term care coverage, upon request by the 
owner of such coverage, which includes— 
‘‘(I) the name and taxpayer iden-
tification number of such issuer, 
‘‘(II) a statement that the cov-
erage is certified long-term care insur-
ance, 
‘‘(III) identification of the em-
ployee as the owner of such coverage, 
‘‘(IV) identification of the indi-
vidual covered and such individual’s 
relationship to the employee, 
‘‘(V) the premiums owed for the 
coverage for the calendar year, and
2258 
† HR 2617 EAS2 
‘‘(VI) such other information as 
the Secretary may require. 
‘‘(iii) FILING
WITH
SECRETARY.—A 
long-term care premium statement will be 
accepted only if the issuer has completed a 
disclosure to the Secretary for the specific 
coverage product to which the statement re-
lates. Such disclosure shall identify the 
issuer, type of coverage, and such other in-
formation as the Secretary may require 
which is included in the filing of the prod-
uct with the applicable State authority.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 401(k)(2)(B)(i) is amended by strik-
ing ‘‘or’’ at the end of subclause (V), by adding ‘‘or’’ 
at the end of subclause (VI), and by adding at the end 
the following new subclause: 
‘‘(VII) as provided in section 
401(a)(39),’’. 
(2) Section 403(a) is amended by adding at the 
end the following new paragraph: 
‘‘(6) QUALIFIED
LONG-TERM
CARE
DISTRIBU-
TIONS.—An annuity contract shall not fail to be sub-
ject to this subsection solely by reason of allowing dis-
tributions to which section 401(a)(39) applies.’’.
2259 
† HR 2617 EAS2 
(3) Section 403(b)(7)(A)(i) is amended by strik-
ing ‘‘or’’ at the end of subclause (V), by striking 
‘‘and’’ at the end of subclause (VI) and inserting ‘‘or’’ 
and by adding at the end the following new subclause: 
‘‘(VII) as provided for distribu-
tions to which section 401(a)(39) ap-
plies, and’’. 
(4) Section 403(b)(11) is amended by striking 
‘‘or’’ at the end of subparagraph (C), by striking the 
period at the end of subparagraph (D) and inserting 
‘‘, or’’, and by inserting after subparagraph (D) the 
following new subparagraph: 
‘‘(E) for distributions to which section 
401(a)(39) applies.’’. 
(5) Section 457(d)(1)(A) is amended by striking 
‘‘or’’ at the end of clause (iii), by striking the comma 
at the end of clause (iv) and inserting ‘‘, or’’, and by 
adding at the end the following new clause: 
‘‘(v) 
as 
provided 
in 
section 
401(a)(39),’’. 
(c) EXEMPTION FROM ADDITIONAL TAX ON EARLY 
DISTRIBUTIONS.—Section 72(t)(2), as amended by this Act, 
is further amended by adding at the end the following new 
subparagraph:
2260 
† HR 2617 EAS2 
‘‘(N) QUALIFIED
LONG-TERM
CARE
DIS-
TRIBUTIONS.— 
‘‘(i) IN GENERAL.—Any qualified long- 
term care distribution to which section 
401(a)(39) applies. 
‘‘(ii) EXCEPTION.—If, with respect to 
the plan, the individual covered by the long- 
term care coverage to which such distribu-
tion relates is the spouse of the employee, 
clause (i) shall apply only if the employee 
and the employee’s spouse file a joint re-
turn. 
‘‘(iii) EXEMPTION
OF
DISTRIBUTIONS 
FROM TRUSTEE TO TRUSTEE TRANSFER AND 
WITHHOLDING RULES.—For purposes of sec-
tions 401(a)(31), 402(f), and 3405, any 
qualified long-term care distribution de-
scribed in clause (i) shall not be treated as 
an eligible rollover distribution.’’. 
(d) REPORTING.— 
(1) IN GENERAL.—Subpart B of part III of sub-
chapter A of chapter 61 is amended by adding at the 
end the following new section:
2261 
† HR 2617 EAS2 
‘‘SEC. 6050Z. REPORTS RELATING TO LONG-TERM CARE 
PREMIUM STATEMENTS. 
‘‘(a) REQUIREMENT OF REPORTING.—Any issuer of 
certified long-term care insurance (as defined in section 
401(a)(39)(C)) who provides a long-term care premium 
statement with respect to any purchaser pursuant to section 
401(a)(39)(E) for a calendar year, shall make a return not 
later than February 1 of the succeeding calendar year, ac-
cording to forms or regulations prescribed by the Secretary, 
setting forth with respect to each such purchaser— 
‘‘(1) the name and taxpayer identification num-
ber of such issuer, 
‘‘(2) a statement that the coverage is certified 
long-term care insurance as defined in section 
401(a)(39)(C), 
‘‘(3) the name of the owner of such coverage, 
‘‘(4) identification of the individual covered and 
such individual’s relationship to the owner, 
‘‘(5) the premiums paid for the coverage for the 
calendar year, and 
‘‘(6) such other information as the Secretary 
may require. 
‘‘(b) STATEMENT TO BE FURNISHED TO PERSONS 
WITH RESPECT TO WHOM INFORMATION IS REQUIRED.— 
Every person required to make a return under subsection
2262 
† HR 2617 EAS2 
(a) shall furnish to each individual whose name is required 
to be set forth in such return a written statement showing— 
‘‘(1) the name, address, and phone number of the 
information contact of the issuer of the contract or 
coverage, and 
‘‘(2) the aggregate amount of premiums and 
charges paid under the contract or coverage covering 
the insured individual during the calendar year. 
The written statement required under the preceding sen-
tence shall be furnished to the individual or individuals on 
or before January 31 of the year following the calendar year 
for which the return required under subsection (a) was re-
quired to be made. 
‘‘(c) CONTRACTS
OR COVERAGE COVERING MORE 
THAN ONE INSURED.—In the case of contracts or coverage 
covering more than one insured, the return and statement 
required by subsections (a) and (b) shall identify only the 
portion of the premium that is properly allocable to the in-
sured in respect of whom the return or statement is made. 
‘‘(d) STATEMENT TO BE FURNISHED ON REQUEST.— 
If any individual to whom a return is required to be fur-
nished under subsection (b) requests that such a return be 
furnished at any time before the close of the calendar year, 
the person required to make the return under subsection (b)
2263 
† HR 2617 EAS2 
shall comply with such request and shall furnish to the Sec-
retary at such time a copy of the return so provided.’’. 
(2) PENALTIES.—Section 6724(d) is amended— 
(A) in paragraph (1)(B), by adding ‘‘or’’ at 
the end of clause (xxvii) and by inserting after 
such clause the following new clause: 
‘‘(xxviii) section 6050Z (relating to re-
ports relating to long-term care premium 
statements), and’’, and 
(B) in paragraph (2)— 
(i) by redesignating subparagraph 
(JJ), relating to section 6050Y, as subpara-
graph (KK) and moving such subparagraph 
to the position immediately after subpara-
graph (JJ), relating to section 6226(a)(2), 
(ii) by striking ‘‘or’’ at the end of sub-
paragraph (II), 
(iii) by striking the period at the end 
of subparagraph (JJ), relating to section 
6226(a)(2), and inserting a comma, 
(iv) by striking the period at the end 
of subparagraph (KK), as so redesignated, 
and inserting ‘‘, or’’, and
2264 
† HR 2617 EAS2 
(v) by inserting after subparagraph 
(KK), as so redesignated, the following new 
subparagraph: 
‘‘(LL) section 6050Z (relating to reports re-
lating to long-term care premium statements).’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for subpart B of part III of subchapter A of 
chapter 61 is amended by adding after the item relat-
ing to section 6050Y the following new item: 
‘‘Sec. 6050Z. Reports relating to long-term care premium statements.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply to distributions made after the date 
which is 3 years after the date of the enactment of this Act. 
(f) DISCLOSURE TO TREASURY OF LONG-TERM CARE 
INSURANCE PRODUCTS.—The Secretary of the Treasury (or 
the Secretary’s delegate) shall issue such forms and guid-
ance as are necessary to collect the filing required by section 
401(a)(39)(E)(iii) of the Internal Revenue Code of 1986, 
as added by this section. 
SEC. 335. CORRECTIONS OF MORTALITY TABLES. 
(a) IN GENERAL.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of the Treas-
ury (or the Secretary’s delegate) shall amend the regulation 
relating to ‘‘Mortality Tables for Determining Present 
Value Under Defined Benefit Pension Plans’’ (82 Fed. Reg. 
46388 (October 5, 2017)). Under such amendment, for valu-
2265 
† HR 2617 EAS2 
ation dates occurring during or after 2024, such mortality 
improvement rates shall not assume for years beyond the 
valuation date future mortality improvements at any age 
which are greater than .78 percent. The Secretary of the 
Treasury (or delegate) shall by regulation modify the .78 
percent figure in the preceding sentence as necessary to re-
flect material changes in the overall rate of improvement 
projected by the Social Security Administration. 
(b) EFFECTIVE DATE.—The amendments required 
under subsection (a) shall be deemed to have been made as 
of the date of the enactment of this Act, and as of such date 
all applicable laws shall be applied in all respects as though 
the actions which the Secretary of the Treasury (or the Sec-
retary’s delegate) is required to take under such subsection 
had been taken. 
SEC. 336. REPORT TO CONGRESS ON SECTION 402(f) NO-
TICES. 
Not later than 18 months after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit a report to the Committees on Finance 
and Health, Education, Labor, and Pensions of the Senate 
and the Committees on Ways and Means and Education 
and Labor of the House of Representatives on the notices 
provided by retirement plan administrators to plan partici-
pants under section 402(f) of the Internal Revenue Code of
2266 
† HR 2617 EAS2 
1986. The report shall analyze the effectiveness of such no-
tices and make recommendations, as warranted by the find-
ings, to facilitate better understanding by recipients of dif-
ferent distribution options and corresponding tax con-
sequences, including spousal rights. 
SEC. 337. MODIFICATION OF REQUIRED MINIMUM DIS-
TRIBUTION 
RULES 
FOR 
SPECIAL 
NEEDS 
TRUSTS. 
(a) IN GENERAL.—Section 401(a)(9)(H)(iv)(II) is 
amended by striking ‘‘no individual’’ and inserting ‘‘no 
beneficiary’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
401(a)(9)(H)(v) is amended by adding at the end the fol-
lowing flush sentence: 
‘‘For purposes of the preceding sentence, in 
the case of a trust the terms of which are 
described in clause (iv)(II), any beneficiary 
which is an organization described in sec-
tion 408(d)(8)(B)(i) shall be treated as a 
designated beneficiary described in sub-
clause (II).’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to calendar years beginning after the 
date of the enactment of this Act.
2267 
† HR 2617 EAS2 
SEC. 338. REQUIREMENT TO PROVIDE PAPER STATEMENTS 
IN CERTAIN CASES. 
(a) IN GENERAL.—Section 105(a)(2) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1025(a)(2)) is amended— 
(1) in subparagraph (A)(iv), by inserting ‘‘sub-
ject to subparagraph (E),’’ before ‘‘may be delivered’’; 
and 
(2) by adding at the end the following: 
‘‘(E) PROVISION OF PAPER STATEMENTS.— 
With respect to at least 1 pension benefit state-
ment furnished for a calendar year with respect 
to an individual account plan under paragraph 
(1)(A), and with respect to at least 1 pension 
benefit statement furnished every 3 calendar 
years with respect to a defined benefit plan 
under paragraph (1)(B), such statement shall be 
furnished on paper in written form except— 
‘‘(i) in the case of a plan that furnishes 
such statement in accordance with section 
2520.104b-1(c) of title 29, Code of Federal 
Regulations; or 
‘‘(ii) in the case of a plan that permits 
a participant or beneficiary to request that 
the statements referred to in the matter pre-
ceding clause (i) be furnished by electronic
2268 
† HR 2617 EAS2 
delivery, if the participant or beneficiary 
requests that such statements be delivered 
electronically and the statements are so de-
livered.’’. 
(b) IMPLEMENTATION.— 
(1) IN GENERAL.—The Secretary of Labor shall, 
not later than December 31, 2024, update section 
2520.104b-1(c) of title 29, Code of Federal Regula-
tions, to provide that a plan may furnish the state-
ments referred to in subparagraph (E) of section 
105(a)(2) of the Employee Retirement Income Secu-
rity Act of 1974 by electronic delivery only if, with 
respect to participants who first become eligible to 
participate, and beneficiaries who first become eligible 
for benefits, after December 31, 2025, in addition to 
meeting the other requirements under the regulations 
such plan furnishes each participant or beneficiary a 
one-time initial notice on paper in written form, 
prior to the electronic delivery of any pension benefit 
statement, of their right to request that all documents 
required to be disclosed under title I of the Employee 
Retirement Income Security Act of 1974 be furnished 
on paper in written form. 
(2) OTHER
GUIDANCE.—In implementing the 
amendment made by subsection (a) with respect to a
2269 
† HR 2617 EAS2 
plan that discloses required documents or statements 
electronically, in accordance with applicable guidance 
governing electronic disclosure by the Department of 
Labor (with the exception of section 2520.104b-1(c) of 
title 29, Code of Federal Regulations), the Secretary 
of Labor shall, not later than December 31, 2024, up-
date such guidance to the extent necessary to ensure 
that— 
(A) a participant or beneficiary under such 
a plan is permitted the opportunity to request 
that any disclosure required to be delivered on 
paper under applicable guidance by the Depart-
ment of Labor shall be furnished by electronic 
delivery; 
(B) each paper statement furnished under 
such a plan pursuant to the amendment shall in-
clude— 
(i) an explanation of how to request 
that all such statements, and any other doc-
ument required to be disclosed under title I 
of the Employee Retirement Income Secu-
rity Act of 1974, be furnished by electronic 
delivery; and 
(ii) contact information for the plan 
sponsor, including a telephone number;
2270 
† HR 2617 EAS2 
(C) the plan may not charge any fee to a 
participant or beneficiary for the delivery of any 
paper statements; 
(D) each document required to be disclosed 
that is furnished by electronic delivery under 
such a plan shall include an explanation of how 
to request that all such documents be furnished 
on paper in written form; and 
(E) a plan is permitted to furnish a dupli-
cate electronic statement in any case in which 
the plan furnishes a paper pension benefit state-
ment. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to plan years beginning 
after December 31, 2025. 
SEC. 339. RECOGNITION OF TRIBAL GOVERNMENT DOMES-
TIC RELATIONS ORDERS. 
(a) AMENDMENT OF INTERNAL REVENUE CODE OF 
1986.— 
(1) 
IN
GENERAL.—Clause 
(ii) 
of 
section 
414(p)(1)(B) is amended by inserting ‘‘or Tribal’’ 
after ‘‘State’’. 
(2) CONFORMING
AMENDMENT.—Subparagraph 
(B) of section 414(p)(1) is amended by adding at the 
end the following flush sentence:
2271 
† HR 2617 EAS2 
‘‘For purposes of clause (ii), the term ‘Tribal’ 
with respect to a domestic relations law means 
such a law which is issued by or under the laws 
of an Indian tribal government, a subdivision of 
such an Indian tribal government, or an agency 
or instrumentality of either.’’. 
(b) AMENDMENT OF EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974.— 
(1) IN
GENERAL.—Section 206(d)(3)(B)(ii)(II) 
of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1056(d)(3)(B)(ii)(II)) is amended by 
inserting ‘‘or Tribal’’ after ‘‘State’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
206(d)(3)(B) of such Act is amended by adding at the 
end the following flush sentence: 
‘‘For purposes of clause (ii)(II), the term ‘Tribal’ 
with respect to a domestic relations law means 
such a law which is issued by or under the laws 
of an Indian tribal government (as defined in 
section 7701(a)(40) of the Internal Revenue Code 
of 1986), a subdivision of such an Indian tribal 
government, or an agency or instrumentality of 
either.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to domestic relations orders received by
2272 
† HR 2617 EAS2 
plan administrators after December 31, 2022, including 
any such order which is submitted for reconsideration after 
such date. 
SEC. 340. DEFINED CONTRIBUTION PLAN FEE DISCLOSURE 
IMPROVEMENTS. 
Not later than 3 years after the date of enactment of 
this Act, the Secretary of Labor shall— 
(1) review section 2550.404a–5 of title 29, Code 
of Federal Regulations (relating to fiduciary require-
ments for disclosure in participant-directed indi-
vidual account plans); 
(2) explore, through a public request for informa-
tion or otherwise, how the contents and design of the 
disclosures described in such section may be improved 
to enhance participants’ understanding of fees and ex-
penses related to a defined contribution plan (as de-
fined in section 3 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1002)) as well as the 
cumulative effect of such fees and expenses on retire-
ment savings over time; and 
(3) report to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the 
Committee on Education and Labor of the House of 
Representatives on the findings of the exploration de-
scribed in paragraph (2), including beneficial edu-
2273 
† HR 2617 EAS2 
cation for consumers on financial literacy concepts as 
related to retirement plan fees and recommendations 
for legislative changes needed to address such find-
ings. 
SEC. 341. CONSOLIDATION OF DEFINED CONTRIBUTION 
PLAN NOTICES. 
Not later than 2 years after the date of enactment of 
this Act, the Secretary of Labor and the Secretary of the 
Treasury (or such Secretaries’ delegates) shall adopt regula-
tions providing that a plan (as defined in section 3 of the 
Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1002)) may, but is not required to, consolidate 2 
or more of the notices required under sections 404(c)(5)(B) 
and 514(e)(3) of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1104(c)(5)(B) and 29 U.S.C. 
1144(e)(3)) and sections 401(k)(12)(D), 401(k)(13)(E), and 
414(w)(4) of the Internal Revenue Code of 1986 into a sin-
gle notice so long as the combined notice— 
(1) includes the required content; 
(2) clearly identifies the issues addressed therein; 
(3) is furnished at the time and with the fre-
quency required for each such notice; and 
(4) is presented in a manner that is reasonably 
calculated to be understood by the average plan par-
2274 
† HR 2617 EAS2 
ticipant and that does not obscure or fail to highlight 
the primary information required for each notice. 
This section shall not be interpreted as preventing the con-
solidation of any other notices required under the Employee 
Retirement Income Security Act of 1974, or Internal Rev-
enue Code of 1986, to the extent otherwise permitted by the 
Secretary of Labor or the Secretary of the Treasury (or ei-
ther such Secretary’s delegate), as applicable. 
SEC. 342. INFORMATION NEEDED FOR FINANCIAL OPTIONS 
RISK MITIGATION. 
(a) IN GENERAL.—Part 1 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1021 et seq.), as amended by the preceding provi-
sions of this title, is amended by adding at the end the fol-
lowing: 
‘‘SEC. 113. NOTICE AND DISCLOSURE REQUIREMENTS WITH 
RESPECT TO LUMP SUMS. 
‘‘(a) IN GENERAL.—A plan administrator of a pension 
plan that amends the plan to provide a period of time dur-
ing which a participant or beneficiary may elect to receive 
a lump sum, instead of future monthly payments, shall fur-
nish notice— 
‘‘(1) to each participant or beneficiary offered 
such lump sum amount, in the manner in which the 
participant and beneficiary receives the lump sum
2275 
† HR 2617 EAS2 
offer from the plan sponsor, not later than 90 days 
prior to the first day on which the participant or 
beneficiary may make an election with respect to such 
lump sum; and 
‘‘(2) to the Secretary and the Pension Benefit 
Guaranty Corporation, not later than 30 days prior 
to the first day on which participants and bene-
ficiaries may make an election with respect to such 
lump sum. 
‘‘(b) NOTICE TO PARTICIPANTS AND BENEFICIARIES.— 
‘‘(1) CONTENT.—The notice required under sub-
section (a)(1) shall include the following: 
‘‘(A) Available benefit options, including the 
estimated monthly benefit that the participant or 
beneficiary would receive at normal retirement 
age, whether there is a subsidized early retire-
ment option or qualified joint and survivor an-
nuity that is fully subsidized (in accordance 
with section 417(a)(5) of the Internal Revenue 
Code of 1986, the monthly benefit amount if pay-
ments begin immediately, and the lump sum 
amount available if the participant or bene-
ficiary takes the option. 
‘‘(B) An explanation of how the lump sum 
was calculated, including the interest rate, mor-
2276 
† HR 2617 EAS2 
tality assumptions, and whether any additional 
plan benefits were included in the lump sum, 
such as early retirement subsidies. 
‘‘(C) In a manner consistent with the man-
ner in which a written explanation is required 
to be given under 417(a)(3) of the Internal Rev-
enue Code of 1986, the relative value of the lump 
sum option for a terminated vested participant 
compared to the value of— 
‘‘(i) the single life annuity, (or other 
standard form of benefit); and 
‘‘(ii) the qualified joint and survivor 
annuity (as defined in section 205(d)(1)); 
‘‘(D) A statement that— 
‘‘(i) a commercial annuity comparable 
to the annuity available from the plan may 
cost more than the amount of the lump sum 
amount, and 
‘‘(ii) it may be advisable to consult an 
advisor regarding this point if the partici-
pant or beneficiary is considering pur-
chasing a commercial annuity. 
‘‘(E) The potential ramifications of accept-
ing the lump sum, including longevity risks, loss 
of protections guaranteed by the Pension Benefit
2277 
† HR 2617 EAS2 
Guaranty Corporation (with an explanation of 
the monthly benefit amount that would be pro-
tected by the Pension Benefit Guaranty Corpora-
tion if the plan is terminated with insufficient 
assets to pay benefits), loss of protection from 
creditors, loss of spousal protections, and other 
protections under this Act that would be lost. 
‘‘(F) General tax rules related to accepting 
a lump sum, including rollover options and 
early distribution penalties with a disclaimer 
that the plan does not provide tax, legal, or ac-
counting advice, and a suggestion that partici-
pants and beneficiaries consult with their own 
tax, legal, and accounting advisors before deter-
mining whether to accept the offer. 
‘‘(G) How to accept or reject the offer, the 
deadline for response, and whether a spouse is 
required to consent to the election. 
‘‘(H) Contact information for the point of 
contact at the plan administrator for partici-
pants and beneficiaries to get more information 
or ask questions about the options. 
‘‘(2) PLAIN LANGUAGE.—The notice under this 
subsection shall be written in a manner calculated to 
be understood by the average plan participant.
2278 
† HR 2617 EAS2 
‘‘(3) MODEL NOTICE.—The Secretary shall issue 
a model notice for purposes of the notice under sub-
section (a)(1), including for information required 
under subparagraphs (C) through (F) of paragraph 
(1). 
‘‘(c) NOTICE TO THE SECRETARY AND PENSION BEN-
EFIT GUARANTY CORPORATION.—The notice required under 
subsection (a)(2) shall include the following: 
‘‘(1) The total number of participants and bene-
ficiaries eligible for such lump sum option. 
‘‘(2) The length of the limited period during 
which the lump sum is offered. 
‘‘(3) An explanation of how the lump sum was 
calculated, including the interest rate, mortality as-
sumptions, and whether any additional plan benefits 
were included in the lump sum, such as early retire-
ment subsidies. 
‘‘(4) A sample of the notice provided to partici-
pants and beneficiaries under subsection (a)(1), if 
otherwise required. 
‘‘(d) POST-OFFER REPORT TO THE SECRETARY AND 
PENSION BENEFIT GUARANTY CORPORATION.—Not later 
than 90 days after the conclusion of the limited period dur-
ing which participants and beneficiaries in a plan may 
accept a plan’s offer of a lump sum, a plan sponsor shall
2279 
† HR 2617 EAS2 
submit a report to the Secretary and the Director of the 
Pension Benefit Guaranty Corporation that includes the 
number of participants and beneficiaries who accepted the 
lump sum offer and such other information as the Secretary 
may require. 
‘‘(e) PUBLIC AVAILABILITY.—The Secretary shall make 
the information provided in the notice to the Secretary re-
quired under subsection (a)(2) and in the post-offer reports 
submitted under subsection (d) publicly available in a form 
that protects the confidentiality of the information pro-
vided. 
‘‘(f) BIENNIAL REPORT.—Not later than the last day 
of the second calendar year after the calendar year includ-
ing the applicability date of the final rules under section 
342(e) of the SECURE 2.0 Act of 2022, and every 2 years 
thereafter, so long as the Secretary has received notices and 
post-offer reports under subsections (c) and (d) of this sec-
tion, the Secretary shall submit to Congress a report that 
summarizes such notices and post-offer reports during the 
applicable reporting period. The applicable reporting pe-
riod begins on the first day of the second calendar year pre-
ceding the calendar year that the report is submitted to 
Congress and ends on the last day of the calendar year pre-
ceding the calendar year the report is due.’’.
2280 
† HR 2617 EAS2 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1 of the Employee Retirement Income Security Act 
of 1974, as amended by the proceeding provisions of this 
title, is further amended by inserting after the item relating 
to section 112 the following new item: 
Sec. 113. Notice and disclosure requirements with respect to lump sum windows. 
(c) ENFORCEMENT.—Section 502 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1132) is 
amended— 
(1) in subsection (c)(1), by striking ‘‘or section 
105(a)’’ and inserting ‘‘, section 105(a), or section 
113(a)’’; and 
(2) in subsection (a)(4), by striking ‘‘105(c)’’ 
and inserting ‘‘section 105(c) or 113(a)’’. 
(d) APPLICATION.—The requirements of section 113 of 
the Employee Retirement Income Security Act of 1974, as 
added by subsection (b), shall apply beginning on the appli-
cable effective date specified in the final regulations promul-
gated pursuant to subsection (e). 
(e) REGULATORY AUTHORITY.—Not earlier than 1 
year after the date of enactment of this Act, the Secretary 
of Labor, in consultation with the Secretary of the Treas-
ury, shall issue regulations to implement section 113 of the 
Employee Retirement Income Security Act of 1974, as 
added by subsection (a). Such regulations shall be applica-
2282 
† HR 2617 EAS2 
(B)(i)(I), the percentage of plan 
liabilities funded, calculated as 
the ratio between the value of the 
plan’s assets and liabilities, as de-
termined under item (aa), for the 
plan year to which the notice re-
lates and for the 2 preceding plan 
years, and 
‘‘(cc) if the information in 
(aa) and (bb) is presented in tab-
ular form, a statement that de-
scribes that in the event of a plan 
termination the corporation’s cal-
culation of plan liabilities may be 
greater and that references the sec-
tion of the notice with the infor-
mation required under clause (x), 
and’’; 
(3) in clause (ii)(II), by striking ‘‘subclause 
(I)(bb)’’ and inserting ‘‘subclause (I)(aa)’’, 
(4) in clause (iii), in the matter preceding sub-
clause (I), by inserting ‘‘for the plan year to which 
the notice relates as of the last day of such plan year 
and the preceding 2 plan years, in tabular format,’’ 
after ‘‘participants’’;
2283 
† HR 2617 EAS2 
(5) in clause (iv)— 
(A) by striking ‘‘plan and the asset’’ and 
inserting ‘‘plan, the asset’’; and 
(B) by inserting ‘‘, and the average return 
on assets for the plan year,’’ after ‘‘assets)’’; 
(6) by redesignating clauses (ix) through (xi) as 
clause (x) through (xii), respectively; 
(7) by inserting after clause (viii) the following: 
‘‘(ix) in the case of a single-employer 
plan, a statement as to whether the plan’s 
funded status, based on the plan’s liabilities 
described under subclause (II) for the plan 
year to which the notice relates, and for the 
2 preceding plan years, is at least 100 per-
cent (and, if not, the actual percentages), 
that includes— 
‘‘(I) the plan’s assets, as of the 
last day of the plan year and for the 
2 preceding plan years, as determined 
under clause (ii)(I)(aa), 
‘‘(II) the plan’s liabilities, as of 
the last day of the plan year and for 
the 2 preceding plan years, as deter-
mined under clause (ii)(1)(aa), and
2284 
† HR 2617 EAS2 
‘‘(III) the funded status of the 
plan, determined as the ratio of the 
plan’s assets and liabilities calculated 
under subclauses (I) and (II), for the 
plan year to which the notice relates, 
and for the 2 preceding plan years,’’; 
and 
(8) in clause (x), as so redesignated, by striking 
the comma at the end and inserting the following: 
‘‘and a statement that, in the case of a single-em-
ployer plan— 
‘‘(I) if plan assets are determined 
to be sufficient to pay vested benefits 
that are not guaranteed by the Pension 
Benefit Guaranty Corporation, partici-
pants and beneficiaries may receive 
benefits in excess of the guaranteed 
amount, and 
‘‘(II) such a determination gen-
erally uses assumptions that result in 
a plan having a lower funded status as 
compared to the plan’s funded status 
disclosed in this notice.’’.
2285 
† HR 2617 EAS2 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to plan years beginning 
after December 31, 2023. 
SEC. 344. REPORT ON POOLED EMPLOYER PLANS. 
The Secretary of Labor shall— 
(1) conduct a study on the pooled employer plan 
(as such term is defined in section 3(43) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1002(43))) industry, including on— 
(A) the legal name and number of pooled 
employer plans; 
(B) the number of participants in such 
plans; 
(C) the range of investment options pro-
vided in such plans; 
(D) the fees assessed in such plans; 
(E) the manner in which employers select 
and monitor such plans; 
(F) the disclosures provided to participants 
in such plans; 
(G) the number and nature of any enforce-
ment actions by the Secretary of Labor on such 
plans;
2286 
† HR 2617 EAS2 
(H) the extent to which such plans have in-
creased retirement savings coverage in the 
United States; and 
(I) any additional information as the Sec-
retary determines is necessary; and 
(2) not later than 5 years after the date of enact-
ment of this Act, and every 5 years thereafter, submit 
to Congress and make available on a publicly acces-
sible website of the Department of Labor, a report on 
the findings of the study under paragraph (1), includ-
ing recommendations on how pooled employer plans 
can be improved, through legislation, to serve and 
protect retirement plan participants. 
SEC. 345. ANNUAL AUDITS FOR GROUP OF PLANS. 
(a) IN GENERAL.—Section 202(a) of the Setting Every 
Community Up for Retirement Enhancement Act of 2019 
(Public Law 116–94; 26 U.S.C. 6058 note) is amended— 
(1) by striking ‘‘so that all members’’ and insert-
ing the following: ‘‘so that— 
‘‘(1) all members’’; 
(2) by striking the period and inserting ‘‘; and’’; 
and 
(3) by adding at the end the following: 
‘‘(2) any opinions required by section 103(a)(3) 
of the Employee Retirement Income Security Act of
2287 
† HR 2617 EAS2 
1974 (29 U.S.C. 1023(a)(3)) shall relate only to each 
individual plan which would otherwise be subject to 
the requirements of such section 103(a)(3).’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act. 
SEC. 346. WORKER OWNERSHIP, READINESS, AND KNOWL-
EDGE. 
(a) DEFINITIONS.—In this section: 
(1) EXISTING
PROGRAM.—The term ‘‘existing 
program’’ means a program, designed to promote em-
ployee ownership, that exists on the date on which the 
Secretary is carrying out a responsibility authorized 
under this section. 
(2) INITIATIVE.—The term ‘‘Initiative’’ means 
the Employee Ownership Initiative established under 
subsection (b). 
(3) NEW PROGRAM.—The term ‘‘new program’’ 
means a program, designed to promote employee own-
ership, that does not exist on the date on which the 
Secretary is carrying out a responsibility authorized 
under this section. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor.
2288 
† HR 2617 EAS2 
(5) STATE.—The term ‘‘State’’ has the meaning 
given the term under section 3 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3102). 
(b) EMPLOYEE OWNERSHIP INITIATIVE.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish within the Department of Labor an Employee 
Ownership Initiative to promote employee ownership. 
(2) FUNCTIONS.—In carrying out the Initiative, 
the Secretary shall— 
(A) support within the States existing pro-
grams designed to promote employee ownership; 
and 
(B) facilitate within the States the forma-
tion of new programs designed to promote em-
ployee ownership. 
(3) DUTIES.—To carry out the functions enu-
merated in paragraph (2), the Secretary shall support 
new programs and existing programs by— 
(A) making Federal grants authorized 
under subsection (d); and 
(B)(i) acting as a clearinghouse on tech-
niques employed by new programs and existing 
programs within the States, and disseminating 
information relating to those techniques to the 
programs; or
2289 
† HR 2617 EAS2 
(ii) funding projects for information gath-
ering on those techniques, and dissemination of 
that information to the programs, by groups out-
side the Department of Labor. 
(4) CONSULTATION WITH TREASURY.—The Sec-
retary shall consult with the Secretary of the Treas-
ury, or the Secretary’s delegate, in the case of any 
employee ownership arrangements or structures the 
administration and enforcement of which are within 
the jurisdiction of the Department of the Treasury. 
(c) PROGRAMS REGARDING EMPLOYEE OWNERSHIP.— 
(1) ESTABLISHMENT
OF
PROGRAM.—Not later 
than 180 days after the date of enactment of this Act, 
the Secretary shall establish a program to encourage 
new programs and existing programs within the 
States to foster employee ownership throughout the 
United States. 
(2) PURPOSE OF PROGRAM.—The purpose of the 
program established under paragraph (1) is to en-
courage new and existing programs within the States 
that focus on— 
(A) providing education and outreach to in-
form employees and employers about the possi-
bilities and benefits of employee ownership and 
business ownership succession planning, includ-
2290 
† HR 2617 EAS2 
ing providing information about financial edu-
cation, employee teams, open-book management, 
and other tools that enable employees to share 
ideas and information about how their businesses 
can succeed; 
(B) providing technical assistance to assist 
employee efforts to become business owners, to en-
able employers and employees to explore and as-
sess the feasibility of transferring full or partial 
ownership to employees, and to encourage em-
ployees and employers to start new employee- 
owned businesses; 
(C) training employees and employers with 
respect to methods of employee participation in 
open-book management, work teams, committees, 
and other approaches for seeking greater em-
ployee input; and 
(D) training other entities to apply for 
funding under this subsection, to establish new 
programs, and to carry out program activities. 
(3) PROGRAM DETAILS.—The Secretary may in-
clude, in the program established under paragraph 
(1), provisions that— 
(A) in the case of activities described in 
paragraph (2)(A)—
2291 
† HR 2617 EAS2 
(i) target key groups, such as retiring 
business owners, senior managers, labor or-
ganizations, trade associations, community 
organizations, and economic development 
organizations; 
(ii) encourage cooperation in the orga-
nization of workshops and conferences; and 
(iii) prepare and distribute materials 
concerning employee ownership, and busi-
ness ownership succession planning; 
(B) in the case of activities described in 
paragraph (2)(B)— 
(i) provide preliminary technical as-
sistance to employee groups, managers, and 
retiring owners exploring the possibility of 
employee ownership; 
(ii) provide for the performance of pre-
liminary feasibility assessments; 
(iii) assist in the funding of objective 
third-party feasibility studies and prelimi-
nary business valuations, and in selecting 
and monitoring professionals qualified to 
conduct such studies; and 
(iv) provide a data bank to help em-
ployees find legal, financial, and technical
2292 
† HR 2617 EAS2 
advice in connection with business owner-
ship; 
(C) in the case of activities described in 
paragraph (2)(C)— 
(i) provide for courses on employee 
participation; and 
(ii) provide for the development and 
fostering of networks of employee-owned 
companies to spread the use of successful 
participation techniques; and 
(D) in the case of training described in 
paragraph (2)(D)— 
(i) provide for visits to existing pro-
grams by staff from new programs receiving 
funding under this section; and 
(ii) provide materials to be used for 
such training. 
(4) GUIDANCE.—The Secretary shall issue formal 
guidance, for— 
(A) recipients of grants awarded under sub-
section (d) and one-stop partners (as defined in 
section 3 of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3102)) affiliated with 
the workforce development systems (as so defined)
2293 
† HR 2617 EAS2 
of the States, proposing that programs and other 
activities funded under this section be— 
(i) proactive in encouraging actions 
and activities that promote employee owner-
ship of businesses; and 
(ii) comprehensive in emphasizing both 
employee ownership of businesses so as to 
increase productivity and broaden capital 
ownership; and 
(B) acceptable standards and procedures to 
establish good faith fair market value for shares 
of a business to be acquired by an employee stock 
ownership plan (as defined in section 407(d)(6) 
of the Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1107(d)(6))). 
The guidance under subparagraph (B) shall be pre-
scribed in consultation with the Secretary of the 
Treasury. 
(d) GRANTS.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (c), the Secretary may 
make grants for use in connection with new programs 
and existing programs within a State for any of the 
following activities:
2294 
† HR 2617 EAS2 
(A) Education and outreach as provided in 
subsection (c)(2)(A). 
(B) Technical assistance as provided in sub-
section (c)(2)(B). 
(C) Training activities for employees and 
employers as provided in subsection (c)(2)(C). 
(D) 
Activities 
facilitating 
cooperation 
among employee-owned firms. 
(E) Training as provided in subsection 
(c)(2)(D) for new programs provided by partici-
pants in existing programs dedicated to the ob-
jectives of this section, except that, for each fiscal 
year, the amount of the grants made for such 
training shall not exceed 10 percent of the total 
amount of the grants made under this section. 
(2) AMOUNTS AND CONDITIONS.—The Secretary 
shall determine the amount and any conditions for a 
grant made under this subsection. The amount of the 
grant shall be subject to paragraph (6), and shall re-
flect the capacity of the applicant for the grant. 
(3) APPLICATIONS.—Each entity desiring a 
grant under this subsection shall submit an applica-
tion to the Secretary at such time, in such manner, 
and accompanied by such information as the Sec-
retary may reasonably require.
2295 
† HR 2617 EAS2 
(4) STATE
APPLICATIONS.—Each State may 
sponsor and submit an application under paragraph 
(3) on behalf of any local entity consisting of a unit 
of State or local government, State-supported institu-
tion of higher education, or nonprofit organization, 
meeting the requirements of this section. 
(5) APPLICATIONS BY ENTITIES.— 
(A) ENTITY APPLICATIONS.—If a State fails 
to support or establish a program pursuant to 
this section during any fiscal year, the Secretary 
shall, in the subsequent fiscal years, allow local 
entities described in paragraph (4) from that 
State to make applications for grants under 
paragraph (3) on their own initiative. 
(B) APPLICATION SCREENING.—Any State 
failing to support or establish a program pursu-
ant to this section during any fiscal year may 
submit applications under paragraph (3) in the 
subsequent fiscal years but may not screen appli-
cations by local entities described in paragraph 
(4) before submitting the applications to the Sec-
retary. 
(6) LIMITATIONS.—A recipient of a grant made 
under this subsection shall not receive, during a fiscal
2296 
† HR 2617 EAS2 
year, in the aggregate, more than the following 
amounts: 
(A) For fiscal year 2025, $300,000. 
(B) For fiscal year 2026, $330,000. 
(C) For fiscal year 2027, $363,000. 
(D) For fiscal year 2028, $399,300. 
(E) For fiscal year 2029, $439,200. 
(7) ANNUAL REPORT.—For each year, each re-
cipient of a grant under this subsection shall submit 
to the Secretary a report describing how grant funds 
allocated pursuant to this subsection were expended 
during the 12-month period preceding the date of the 
submission of the report. 
(e) EVALUATIONS.—The Secretary is authorized to re-
serve not more than 10 percent of the funds appropriated 
for a fiscal year to carry out this section, for the purposes 
of conducting evaluations of the grant programs identified 
in subsection (d) and to provide related technical assistance. 
(f) REPORTING.—Not later than the expiration of the 
36-month period following the date of enactment of this Act, 
the Secretary shall prepare and submit to Congress a re-
port— 
(1) on progress related to employee ownership in 
businesses in the United States; and
2297 
† HR 2617 EAS2 
(2) containing an analysis of critical costs and 
benefits of activities carried out under this section. 
(g) AUTHORIZATIONS OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated for the purpose of making grants pursuant 
to subsection (d) the following: 
(A) For fiscal year 2025, $4,000,000. 
(B) For fiscal year 2026, $7,000,000. 
(C) For fiscal year 2027, $10,000,000. 
(D) For fiscal year 2028, $13,000,000. 
(E) For fiscal year 2029, $16,000,000. 
(2) ADMINISTRATIVE EXPENSES.—There are au-
thorized to be appropriated for the purpose of funding 
the administrative expenses related to the Initiative— 
(A) for fiscal year 2024, $200,000, and 
(B) for each of fiscal years 2025 through 
2029, an amount not in excess of the lesser of— 
(i) $350,000; or 
(ii) 5.0 percent of the maximum 
amount available under paragraph (1) for 
that fiscal year.
2298 
† HR 2617 EAS2 
SEC. 347. REPORT BY THE SECRETARY OF LABOR ON THE 
IMPACT OF INFLATION ON RETIREMENT SAV-
INGS. 
The Secretary of Labor, in consultation with the Sec-
retary of the Treasury, shall— 
(1) conduct a study on the impact of inflation 
on retirement savings; and 
(2) not later than 90 days after the date of en-
actment of this Act, submit to Congress a report on 
the findings of the study. 
SEC. 348. CASH BALANCE. 
(a) AMENDMENT OF INTERNAL REVENUE CODE OF 
1986.—Section 411(b) is amended by adding at the end the 
following new paragraph: 
‘‘(6) PROJECTED INTEREST CREDITING RATE.— 
For purposes of subparagraphs (A), (B), and (C) of 
paragraph (1), in the case of an applicable defined 
benefit plan (as defined in subsection (a)(13)(C)) 
which provides variable interest crediting rates, the 
interest crediting rate which is treated as in effect 
and as the projected interest crediting rate shall be a 
reasonable projection of such variable interest cred-
iting rate, not to exceed 6 percent.’’. 
(b) AMENDMENT OF EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974.—Section 204(b) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C.
2299 
† HR 2617 EAS2 
1060(b)) is amended by adding at the end the following new 
paragraph: 
‘‘(6) PROJECTED INTEREST CREDITING RATE.— 
For purposes of subparagraphs (A), (B), and (C) of 
paragraph (1), in the case of an applicable defined 
benefit plan (within the meaning of section 203(f)(3)) 
which provides variable interest crediting rates, the 
interest crediting rate which is treated as in effect 
and as the projected interest crediting rate shall be a 
reasonable projection of such variable interest cred-
iting rate, not to exceed 6 percent.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to plan years beginning 
after the date of enactment of this Act. 
SEC. 349. TERMINATION OF VARIABLE RATE PREMIUM IN-
DEXING. 
(a) IN GENERAL.—Paragraph (8) of 4006(a) of the 
Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1306(a)) is amended by— 
(1) in subparagraph (A)— 
(A) in clause (vi), by striking ‘‘and’’; 
(B) in clause (vii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following:
2300 
† HR 2617 EAS2 
‘‘(viii) for plan years beginning after 
calendar year 2023, $52.’’; 
(2) in subparagraph (B), in the matter pre-
ceding clause (i), by inserting ‘‘and before 2024’’ after 
‘‘2012’’ ; and 
(3) in subparagraph (D)(vii), by inserting ‘‘and 
before 2024’’ after ‘‘2019’’. 
(b) TECHNICAL AMENDMENT.—Clause (i) of section 
4006(a)(3)(E) of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1306(a)(3)(E)) is amended by strik-
ing ‘‘subparagraph (H)’’ and inserting ‘‘subparagraph (I)’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act. 
SEC. 350. SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE 
ELECTIVE DEFERRAL FAILURES. 
(a) IN GENERAL.—Section 414, as amended by the 
preceding provisions of this Act, is further amended by add-
ing at the end the following new subsection: 
‘‘(cc) CORRECTING AUTOMATIC CONTRIBUTION ER-
RORS.— 
‘‘(1) IN GENERAL.—Any plan or arrangement 
shall not fail to be treated as a plan described in sec-
tions 401(a), 403(b), 408, or 457(b), as applicable, 
solely by reason of a corrected error.
2302 
† HR 2617 EAS2 
of the 91⁄2 month-period after the end 
of the plan year during which such 
error with respect to the employee first 
occurred, or 
‘‘(II) if earlier in the case of an 
employee who notifies the plan sponsor 
of such error, the date of the first pay-
ment of compensation made by the em-
ployer to the employee on or after the 
last day of the month following the 
month in which such notification was 
made, 
‘‘(ii) in the case of an employee who 
would have been entitled to additional 
matching contributions had any missed 
elective deferral been made, the plan sponsor 
makes a corrective allocation, not later than 
the deadline specified by the Secretary in 
regulations or other guidance prescribed 
under paragraph (3), of matching contribu-
tions on behalf of the employee in an 
amount equal to the additional matching 
contributions to which the employee would 
have been so entitled (adjusted to account
2303 
† HR 2617 EAS2 
for earnings had the missed elective defer-
rals been made). 
‘‘(iii) such implementation error is of 
a type which is so corrected for all similarly 
situated participants in a nondiscrim-
inatory manner, 
‘‘(iv) notice of such error is given to 
the employee not later than 45 days after 
the date on which correct deferrals begin, 
and 
‘‘(v) the notice under clause (iv) satis-
fies such regulations or other guidance as 
the Secretary prescribes under paragraph 
(4). 
Such correction may occur before or after the partici-
pant has terminated employment and may occur 
without regard to whether the error is identified by 
the Secretary. 
‘‘(3) NO
OBLIGATION
FOR
EMPLOYER
TO
RE-
STORE
MISSED
ELECTIVE
DEFERRALS.—If the re-
quirements of paragraph (2)(B) are satisfied, the em-
ployer will not be required to provide eligible employ-
ees with the missed amount of elective deferrals result-
ing from a reasonable administrative error described
2304 
† HR 2617 EAS2 
in paragraph (2)(A)(i) or (ii) through a qualified 
nonelective contribution, or otherwise. 
‘‘(4) REGULATIONS AND GUIDANCE FOR FAVOR-
ABLE CORRECTION METHODS.—The Secretary shall by 
regulations or other guidance of general applicability 
prescribe— 
‘‘(A) the deadline for making a corrective 
allocation of matching contributions required by 
paragraph (2)(B)(ii), 
‘‘(B) the content of the notice required by 
paragraph (2)(B)(iv), 
‘‘(C) the manner in which the amount of the 
corrective allocation under paragraph (2)(B)(ii) 
is determined, 
‘‘(D) the manner of adjustment to account 
for earnings on matching contributions under 
paragraph (2)(B)(ii), and 
‘‘(E) such other rules as are necessary to 
carry out the purposes of the subsection.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply with respect to any errors with respect 
to which the date referred to in section 414(cc) (as added 
by this section) is after December 31, 2023. Prior to the 
application of any regulations or other guidance prescribed 
under paragraph (3) of section 414(cc) of the Internal Rev-
2305 
† HR 2617 EAS2 
enue Code of 1986 (as added by this section), taxpayers may 
rely upon their reasonable good faith interpretations of the 
provisions of such section. 
TITLE IV—TECHNICAL 
AMENDMENTS 
SEC. 401. AMENDMENTS RELATING TO SETTING EVERY 
COMMUNITY UP FOR RETIREMENT ENHANCE-
MENT ACT OF 2019. 
(a) TECHNICAL AMENDMENTS.— 
(1) AMENDMENTS RELATING TO SECTION 103.— 
Section 401(m)(12) is amended by striking ‘‘and’’ at 
the end of subparagraph (A), by redesignating sub-
paragraph (B) as subparagraph (C), and by inserting 
after subparagraph (A) (as so amended) the following 
new subparagraph: 
‘‘(B) meets the notice requirements of sub-
section (k)(13)(E), and’’. 
(2) AMENDMENTS RELATING TO SECTION 112.— 
(A) Section 401(k)(15)(B)(i)(II) is amended 
by striking ‘‘subsection (m)(2)’’ and inserting 
‘‘paragraphs (2), (11), and (12) of subsection 
(m)’’. 
(B) Section 401(k)(15)(B)(iii) is amended 
by striking ‘‘under the arrangement’’ and insert-
ing ‘‘under the plan’’.
2306 
† HR 2617 EAS2 
(C) Section 401(k)(15)(B)(iv) is amended 
by striking ‘‘section 410(a)(1)(A)(ii)’’ and insert-
ing ‘‘paragraph (2)(D)’’. 
(3) AMENDMENT RELATING TO SECTION 116.— 
Section 4973(b) is amended by adding at the end of 
the flush matter the following: ‘‘Such term shall not 
include any designated nondeductible contribution (as 
defined in subparagraph (C) of section 408(o)(2)) 
which does not exceed the nondeductible limit under 
subparagraph (B) thereof by reason of an election 
under section 408(o)(5).’’. 
(b) CLERICAL AMENDMENTS.— 
(1) Section 72(t)(2)(H)(vi)(IV) is amended by 
striking 
‘‘403(b)(7)(A)(ii)’’ 
and 
inserting 
‘‘ 
403(b)(7)(A)(i)’’. 
(2) Section 401(k)(12)(G) is amended by striking 
‘‘the requirements under subparagraph (A)(i)’’ and 
inserting ‘‘the contribution requirements under sub-
paragraph (B) or (C)’’. 
(3) Section 401(k)(13)(D)(iv) is amended by 
striking ‘‘and (F)’’ and inserting ‘‘and (G)’’. 
(4) Section 408(o)(5)(A) is amended by striking 
‘‘subsection (b)’’ and inserting ‘‘section 219(b)’’. 
(5) Section 408A(c)(2)(A) is amended by strik-
ing ‘‘(d)(1) or’’.
2307 
† HR 2617 EAS2 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the section of the 
Setting Every Community Up for Retirement Enhancement 
Act of 2019 to which the amendment relates. 
TITLE V—ADMINISTRATIVE 
PROVISIONS 
SEC. 501. PROVISIONS RELATING TO PLAN AMENDMENTS. 
(a) IN GENERAL.—If this section applies to any retire-
ment plan or contract amendment— 
(1) such retirement plan or contract shall be 
treated as being operated in accordance with the 
terms of the plan during the period described in sub-
section (b)(2)(A); and 
(2) except as provided by the Secretary of the 
Treasury (or the Secretary’s delegate), such retirement 
plan shall not fail to meet the requirements of section 
411(d)(6) of the Internal Revenue Code of 1986 and 
section 204(g) of the Employee Retirement Income Se-
curity Act of 1974 by reason of such amendment. 
(b) AMENDMENTS TO WHICH SECTION APPLIES.— 
(1) IN GENERAL.—This section shall apply to 
any amendment to any retirement plan or annuity 
contract which is made— 
(A) pursuant to any amendment made by 
this Act or pursuant to any regulation issued by
2308 
† HR 2617 EAS2 
the Secretary of the Treasury or the Secretary of 
Labor (or a delegate of either such Secretary) 
under this Act; and 
(B) on or before the last day of the first 
plan year beginning on or after January 1, 
2025, or such later date as the Secretary of the 
Treasury may prescribe. 
In the case of a governmental plan (as defined in sec-
tion 414(d) of the Internal Revenue Code of 1986), or 
an applicable collectively bargained plan, this para-
graph shall be applied by substituting ‘‘2027’’ for 
‘‘2025’’. For purposes of the preceding sentence, the 
term ‘‘applicable collectively bargained plan’’ means 
a plan maintained pursuant to 1 or more collective 
bargaining agreements between employee representa-
tives and 1 or more employers ratified before the date 
of enactment of this Act. 
(2) CONDITIONS.—This section shall not apply to 
any amendment unless— 
(A) during the period— 
(i) beginning on the date the legislative 
or regulatory amendment described in para-
graph (1)(A) takes effect (or in the case of 
a plan or contract amendment not required 
by such legislative or regulatory amend-
2309 
† HR 2617 EAS2 
ment, the effective date specified by the 
plan); and 
(ii) ending on the date described in 
paragraph (1)(B) (as modified by the sec-
ond sentence of paragraph (1)) (or, if ear-
lier, the date the plan or contract amend-
ment is adopted), 
the plan or contract is operated as if such plan 
or contract amendment were in effect; and 
(B) such plan or contract amendment ap-
plies retroactively for such period. 
(c) COORDINATION WITH OTHER PROVISIONS RELAT-
ING TO PLAN AMENDMENTS.— 
(1) SECURE ACT.—Section 601(b)(1) of the Set-
ting Every Community Up for Retirement Enhance-
ment Act of 2019 is amended— 
(A) by striking ‘‘January 1, 2022’’ in sub-
paragraph (B) and inserting ‘‘January 1, 
2025’’, and 
(B) by striking ‘‘substituting ‘2024’ for 
‘2022’.’’ in the flush matter at the end and in-
serting ‘‘substituting ‘2027’ for ‘2025’.’’. 
(2) CARES ACT.— 
(A) SPECIAL RULES FOR USE OF RETIRE-
MENT
FUNDS.—Section 2202(c)(2)(A) of the
2310 
† HR 2617 EAS2 
CARES Act is amended by striking ‘‘January 1, 
2022’’ in clause (ii) and inserting ‘‘January 1, 
2025’’. 
(B) TEMPORARY WAIVER OF REQUIRED MIN-
IMUM DISTRIBUTIONS RULES FOR CERTAIN RE-
TIREMENT
PLANS
AND
ACCOUNTS.—Section 
2203(c)(2)(B)(i) of the CARES Act is amend-
ed— 
(i) by striking ‘‘January 1, 2022’’ in 
subclause (II) and inserting ‘‘January 1, 
2025’’, and 
(ii) by striking ‘‘substituting ‘2024’ for 
‘2022’.’’ in the flush matter at the end and 
inserting ‘‘substituting ‘2027’ for ‘2025’.’’. 
(C) TAXPAYER
CERTAINTY
AND
DISASTER 
TAX RELIEF ACT OF 2020.—Section 302(d)(2)(A) 
of the Taxpayer Certainty and Disaster Tax Re-
lief Act of 2020 is amended by striking ‘‘Janu-
ary 1, 2022’’ in clause (ii) and inserting ‘‘Janu-
ary 1, 2025’’. 
TITLE VI—REVENUE 
PROVISIONS 
SEC. 601. SIMPLE AND SEP ROTH IRAS. 
(a) IN GENERAL.—Section 408A is amended by strik-
ing subsection (f).
2311 
† HR 2617 EAS2 
(b) RULES RELATING TO SIMPLIFIED EMPLOYEE PEN-
SIONS.— 
(1) 
CONTRIBUTIONS.—Section 
402(h)(1) 
is 
amended by striking ‘‘and’’ at the end of subpara-
graph (A), by striking the period at the end of sub-
paragraph (B) and inserting ‘‘, and’’, and by adding 
at the end the following new subparagraph: 
‘‘(C) in the case of any contributions pursu-
ant to a simplified employer pension which are 
made to an individual retirement plan des-
ignated as a Roth IRA, such contribution shall 
not be excludable from gross income.’’. 
(2) 
DISTRIBUTIONS.—Section 
402(h)(3) 
is 
amended by inserting ‘‘(or section 408A(d) in the case 
of an individual retirement plan designated as a 
Roth IRA)’’ before the period at the end. 
(3) ELECTION
REQUIRED.—Section 408(k) is 
amended by redesignating paragraphs (7), (8), and 
(9) as paragraphs (8), (9), and (10), respectively, and 
by inserting after paragraph (6) the following new 
paragraph: 
‘‘(7) ROTH CONTRIBUTION ELECTION.—An indi-
vidual retirement plan which is designated as a Roth 
IRA shall not be treated as a simplified employee 
pension under this subsection unless the employee
2312 
† HR 2617 EAS2 
elects for such plan to be so treated (at such time and 
in such manner as the Secretary may provide).’’. 
(c) RULES RELATING TO SIMPLE RETIREMENT AC-
COUNTS.— 
(1) ELECTION
REQUIRED.—Section 408(p), as 
amended by the preceding provisions of this Act, is 
further amended by adding at the end the following 
new paragraph: 
‘‘(12) ROTH CONTRIBUTION ELECTION.—An in-
dividual retirement plan which is designated as a 
Roth IRA shall not be treated as a simple retirement 
account under this subsection unless the employee 
elects for such plan to be so treated (at such time and 
in such manner as the Secretary may provide).’’. 
(2) ROLLOVERS.—Section 408A(e) is amended 
by adding at the end the following new paragraph: 
‘‘(3) SIMPLE
RETIREMENT
ACCOUNTS.—In the 
case of any payment or distribution out of a simple 
retirement account (as defined in section 408(p)) with 
respect to which an election has been made under sec-
tion 408(p)(12) and to which 72(t)(6) applies, the 
term ‘qualified rollover contribution’ shall not include 
any payment or distribution paid into an account 
other than another simple retirement account (as so 
defined).’’.
2313 
† HR 2617 EAS2 
(d) 
CONFORMING
AMENDMENT.—Section 
408A(d)(2)(B) is amended by inserting ‘‘, or employer in 
the case of a simple retirement account (as defined in sec-
tion 408(p)) or simplified employee pension (as defined in 
section 408(k)),’’ after ‘‘individual’s spouse’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2022. 
SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(b) 
PLANS. 
(a) IN GENERAL.—Section 403(b), as amended by the 
preceding provisions of this Act, is amended by adding at 
the end the following new paragraph: 
‘‘(17) SPECIAL RULES RELATING TO HARDSHIP 
WITHDRAWALS.—For purposes of paragraphs (7) and 
(11)— 
‘‘(A) AMOUNTS
WHICH
MAY
BE
WITH-
DRAWN.—The following amounts may be distrib-
uted upon hardship of the employee: 
‘‘(i) Contributions made pursuant to a 
salary reduction agreement (within the 
meaning of section 3121(a)(5)(D)). 
‘‘(ii) Qualified nonelective contribu-
tions (as defined in section 401(m)(4)(C)).
2314 
† HR 2617 EAS2 
‘‘(iii) Qualified matching contributions 
described in section 401(k)(3)(D)(ii)(I). 
‘‘(iv) Earnings on any contributions 
described in clause (i), (ii), or (iii). 
‘‘(B) NO
REQUIREMENT
TO
TAKE
AVAIL-
ABLE LOAN.—A distribution shall not be treated 
as failing to be made upon the hardship of an 
employee solely because the employee does not 
take any available loan under the plan.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 403(b)(7)(A)(i)(V) is amended by 
striking ‘‘in the case of contributions made pursuant 
to a salary reduction agreement (within the meaning 
of section 3121(a)(5)(D))’’ and inserting ‘‘subject to 
the provisions of paragraph (17)’’. 
(2) Paragraph (11) of section 403(b), as amend-
ed by this Act, is further amended— 
(A) by striking ‘‘in’’ in subparagraph (B) 
and inserting ‘‘subject to the provisions of para-
graph (17), in’’, and 
(B) by striking the second sentence. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to plan years beginning after December 
31, 2023.
2315 
† HR 2617 EAS2 
SEC. 603. ELECTIVE DEFERRALS GENERALLY LIMITED TO 
REGULAR CONTRIBUTION LIMIT. 
(a) APPLICABLE EMPLOYER PLANS.—Section 414(v) 
is amended by adding at the end the following new para-
graph: 
‘‘(7) CERTAIN DEFERRALS MUST BE ROTH CON-
TRIBUTIONS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), in the case of an eligible par-
ticipant whose wages (as defined in section 
3121(a)) for the preceding calendar year from 
the 
employer 
sponsoring 
the 
plan 
exceed 
$145,000, paragraph (1) shall apply only if any 
additional elective deferrals are designated Roth 
contributions (as defined in section 402A(c)(1)) 
made pursuant to an employee election. 
‘‘(B) ROTH OPTION.—In the case of an ap-
plicable employer plan with respect to which 
subparagraph (A) applies to any participant for 
a plan year, paragraph (1) shall not apply to 
the plan unless the plan provides that any eligi-
ble participant may make the participant’s ad-
ditional elective deferrals as designated Roth 
contributions.
2316 
† HR 2617 EAS2 
‘‘(C) EXCEPTION.—Subparagraph (A) shall 
not apply in the case of an applicable employer 
plan described in paragraph (6)(A)(iv). 
‘‘(D) ELECTION TO CHANGE DEFERRALS.— 
The Secretary may provide by regulations that 
an eligible participant may elect to change the 
participant’s election to make additional elective 
deferrals if the participant’s compensation is de-
termined to exceed the limitation under subpara-
graph (A) after the election is made. 
‘‘(E) COST OF LIVING ADJUSTMENT.—In the 
case of a year beginning after December 31, 
2024, the Secretary shall adjust annually the 
$145,000 amount in subparagraph (A) for in-
creases in the cost-of-living at the same time and 
in the same manner as adjustments under 
415(d); except that the base period taken into ac-
count shall be the calendar quarter beginning 
July 1, 2023, and any increase under this sub-
paragraph which is not a multiple of $5,000 
shall be rounded to the next lower multiple of 
$5,000.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 402(g)(1) is amended by striking 
subparagraph (C).
2317 
† HR 2617 EAS2 
(2) Section 457(e)(18)(A)(ii) is amended by in-
serting ‘‘the lesser of any designated Roth contribu-
tions made by the participant to the plan or’’ before 
‘‘the applicable dollar amount’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2023. 
SEC. 604. OPTIONAL TREATMENT OF EMPLOYER MATCHING 
OR NONELECTIVE CONTRIBUTIONS AS ROTH 
CONTRIBUTIONS. 
(a) IN GENERAL.—Section 402A(a) is amended by re-
designating paragraph (2) as paragraph (4), by striking 
‘‘and’’ at the end of paragraph (1), and by inserting after 
paragraph (1) the following new paragraphs: 
‘‘(2) any designated Roth contribution which 
pursuant to the program is made by the employer on 
the employee’s behalf on account of the employee’s 
contribution, elective deferral, or (subject to the re-
quirements of section 401(m)(13)) qualified student 
loan payment shall be treated as a matching con-
tribution for purposes of this chapter, except that such 
contribution shall not be excludable from gross in-
come, 
‘‘(3) any designated Roth contribution which 
pursuant to the program is made by the employer on
2318 
† HR 2617 EAS2 
the employee’s behalf and which is a nonelective con-
tribution shall be nonforfeitable and shall not be ex-
cludable from gross income, and’’. 
(b) MATCHING INCLUDED IN QUALIFIED ROTH CON-
TRIBUTION PROGRAM.—Section 402A(b)(1) is amended— 
(1) by inserting ‘‘, or to have made on the em-
ployee’s behalf,’’ after ‘‘elect to make’’, and 
(2) by inserting ‘‘, or of matching contributions 
or nonelective contributions which may otherwise be 
made on the employee’s behalf,’’ after ‘‘otherwise eligi-
ble to make’’. 
(c) DESIGNATED ROTH MATCHING CONTRIBUTIONS.— 
Section 402A(c)(1) is amended by inserting ‘‘, matching 
contribution, or nonelective contribution’’ after ‘‘elective de-
ferral’’. 
(d) MATCHING
CONTRIBUTION
DEFINED.—Section 
402A(f), as redesignated by this Act, is amended by adding 
at the end the following: 
‘‘(3) 
MATCHING
CONTRIBUTION.—The 
term 
‘matching contribution’ means— 
‘‘(A) any matching contribution described 
in section 401(m)(4)(A), and 
‘‘(B) any contribution to an eligible de-
ferred compensation plan (as defined in section 
457(b)) by an eligible employer described in sec-
2319 
† HR 2617 EAS2 
tion 457(e)(1)(A) on behalf of an employee and 
on account of such employee’s elective deferral 
under such plan, 
but only if such contribution is nonforfeitable at the 
time received.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply to contributions made after the date of 
the enactment of this Act. 
SEC. 605. CHARITABLE CONSERVATION EASEMENTS. 
(a) LIMITATION ON DEDUCTION.— 
(1) IN GENERAL.—Section 170(h) is amended by 
adding at the end the following new paragraph: 
‘‘(7) LIMITATION ON DEDUCTION FOR QUALIFIED 
CONSERVATION
CONTRIBUTIONS
MADE
BY
PASS- 
THROUGH ENTITIES.— 
‘‘(A) IN
GENERAL.—A contribution by a 
partnership (whether directly or as a distributive 
share of a contribution of another partnership) 
shall not be treated as a qualified conservation 
contribution for purposes of this section if the 
amount of such contribution exceeds 2.5 times 
the sum of each partner’s relevant basis in such 
partnership. 
‘‘(B) RELEVANT
BASIS.—For purposes of 
this paragraph—
2320 
† HR 2617 EAS2 
‘‘(i) IN GENERAL.—The term ‘relevant 
basis’ means, with respect to any partner, 
the portion of such partner’s modified basis 
in the partnership which is allocable (under 
rules similar to the rules of section 755) to 
the portion of the real property with respect 
to which the contribution described in sub-
paragraph (A) is made. 
‘‘(ii) 
MODIFIED
BASIS.—The 
term 
‘modified basis’ means, with respect to any 
partner, such partner’s adjusted basis in the 
partnership as determined— 
‘‘(I) immediately before the con-
tribution described in subparagraph 
(A), 
‘‘(II) without regard to section 
752, and 
‘‘(III) by the partnership after 
taking into account the adjustments 
described in subclauses (I) and (II) 
and such other adjustments as the Sec-
retary may provide. 
‘‘(C) EXCEPTION FOR CONTRIBUTIONS OUT-
SIDE 3-YEAR HOLDING PERIOD.—Subparagraph
2321 
† HR 2617 EAS2 
(A) shall not apply to any contribution which is 
made at least 3 years after the latest of— 
‘‘(i) the last date on which the partner-
ship that made such contribution acquired 
any portion of the real property with re-
spect to which such contribution is made, 
‘‘(ii) the last date on which any part-
ner in the partnership that made such con-
tribution acquired any interest in such 
partnership, and 
‘‘(iii) if the interest in the partnership 
that made such contribution is held through 
1 or more partnerships— 
‘‘(I) the last date on which any 
such partnership acquired any interest 
in any other such partnership, and 
‘‘(II) the last date on which any 
partner in any such partnership ac-
quired any interest in such partner-
ship. 
‘‘(D) EXCEPTION
FOR
FAMILY
PARTNER-
SHIPS.— 
‘‘(i) IN GENERAL.—Subparagraph (A) 
shall not apply with respect to any con-
tribution made by any partnership if sub-
2322 
† HR 2617 EAS2 
stantially all of the partnership interests in 
such partnership are held, directly or indi-
rectly, by an individual and members of the 
family of such individual. 
‘‘(ii) MEMBERS OF THE FAMILY.—For 
purposes of this subparagraph, the term 
‘members of the family’ means, with respect 
to any individual— 
‘‘(I) the spouse of such individual, 
and 
‘‘(II) any individual who bears a 
relationship to such individual which 
is described in subparagraphs (A) 
through (G) of section 152(d)(2). 
‘‘(E) EXCEPTION
FOR
CONTRIBUTIONS
TO 
PRESERVE CERTIFIED HISTORIC STRUCTURES.— 
Subparagraph (A) shall not apply to any quali-
fied conservation contribution the conservation 
purpose of which is the preservation of any 
building which is a certified historic structure 
(as defined in paragraph (4)(C)). 
‘‘(F) 
APPLICATION
TO
OTHER
PASS- 
THROUGH ENTITIES.—Except as may be other-
wise provided by the Secretary, the rules of this 
paragraph shall apply to S corporations and
2323 
† HR 2617 EAS2 
other pass-through entities in the same manner 
as such rules apply to partnerships. 
‘‘(G) REGULATIONS.—The Secretary shall 
prescribe such regulations or other guidance as 
may be necessary or appropriate to carry out the 
purposes of this paragraph, including regula-
tions or other guidance— 
‘‘(i) to require reporting, including re-
porting related to tiered partnerships and 
the modified basis of partners, and 
‘‘(ii) to prevent the avoidance of the 
purposes of this paragraph.’’. 
(2) APPLICATION
OF
ACCURACY-RELATED
PEN-
ALTIES.— 
(A) IN
GENERAL.—Section 6662(b) is 
amended by inserting after paragraph (9) the 
following new paragraph: 
‘‘(10) Any disallowance of a deduction by reason 
of section 170(h)(7).’’. 
(B) TREATMENT
AS
GROSS
VALUATION 
MISSTATEMENT.—Section 6662(h)(2) is amended 
by striking ‘‘and’’ at the end of subparagraph 
(B), by striking the period at the end of subpara-
graph (C) and inserting ‘‘, and’’, and by adding 
at the end the following new subparagraph:
2324 
† HR 2617 EAS2 
‘‘(D) any disallowance of a deduction de-
scribed in subsection (b)(10).’’. 
(C) NO REASONABLE CAUSE EXCEPTION.— 
Section 6664(c)(2) is amended by inserting ‘‘or 
to any disallowance of a deduction described in 
section 6662(b)(10)’’ before the period at the end. 
(D) APPROVAL
OF
ASSESSMENT
NOT
RE-
QUIRED.—Section 6751(b)(2)(A) is amended by 
striking ‘‘subsection (b)(9)’’ and inserting ‘‘para-
graph (9) or (10) of subsection (b)’’. 
(3) EXTENSION
OF
STATUTE
OF
LIMITATIONS 
FOR LISTED TRANSACTIONS.—Any contribution with 
respect to which any deduction was disallowed by 
reason of section 170(h)(7) of the Internal Revenue 
Code of 1986 (as added by this subsection) shall be 
treated for purposes of sections 6501(c)(10) and 
6235(c)(6) of such Code as a transaction specifically 
identified by the Secretary as a tax avoidance trans-
action for purposes of section 6011 of such Code. 
(b) REPORTING REQUIREMENTS.—Section 170(f) is 
amended by adding at the end the following new paragraph: 
‘‘(19) CERTAIN QUALIFIED CONSERVATION CON-
TRIBUTIONS.— 
‘‘(A) IN GENERAL.—In the case of a quali-
fied conservation contribution to which this
2325 
† HR 2617 EAS2 
paragraph applies, no deduction shall be allowed 
under subsection (a) for such contribution unless 
the partnership making such contribution— 
‘‘(i) includes on its return for the tax-
able year in which the contribution is made 
a statement that the partnership made such 
a contribution, and 
‘‘(ii) provides such information about 
the contribution as the Secretary may re-
quire. 
‘‘(B) CONTRIBUTIONS
TO
WHICH
THIS 
PARAGRAPH
APPLIES.—This paragraph shall 
apply to any qualified conservation contribu-
tion— 
‘‘(i) the conservation purpose of which 
is the preservation of any building which is 
a certified historic structure (as defined in 
subsection (h)(4)(C)), 
‘‘(ii) which is made by a partnership 
(whether directly or as a distributive share 
of a contribution of another partnership), 
and 
‘‘(iii) the amount of which exceeds 2.5 
times the sum of each partner’s relevant
2326 
† HR 2617 EAS2 
basis (as defined in subsection (h)(7)) in the 
partnership making the contribution. 
‘‘(C) 
APPLICATION
TO
OTHER
PASS- 
THROUGH ENTITIES.—Except as may be other-
wise provided by the Secretary, the rules of this 
paragraph shall apply to S corporations and 
other pass-through entities in the same manner 
as such rules apply to partnerships.’’. 
(c) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by 
this section shall apply to contributions made after 
the date of the enactment of this Act. 
(2) NO INFERENCE.—No inference is intended as 
to the appropriate treatment of contributions made in 
taxable years ending on or before the date specified in 
paragraph (1), or as to any contribution for which a 
deduction is not disallowed by reason of section 
170(h)(7) of the Internal Revenue Code of 1986, as 
added by this section. 
(d) SAFE HARBORS AND OPPORTUNITY FOR DONOR TO 
CORRECT CERTAIN DEED ERRORS.— 
(1) IN GENERAL.—The Secretary of the Treasury 
(or such Secretary’s delegate) shall, within 120 days 
after the date of the enactment of this Act, publish
2327 
† HR 2617 EAS2 
safe harbor deed language for extinguishment clauses 
and boundary line adjustments. 
(2) OPPORTUNITY TO CORRECT.— 
(A) IN GENERAL.—During the 90-day pe-
riod beginning on the date of publication of the 
safe harbor deed language under paragraph (1), 
a donor may amend an easement deed to sub-
stitute the safe harbor language for the cor-
responding language in the original deed if— 
(i) the amended deed is signed by the 
donor and donee and recorded within such 
90-day period, and 
(ii) such amendment is treated as effec-
tive as of the date of the recording of the 
original easement deed. 
(B) EXCEPTIONS.—Subparagraph (A) shall 
not apply to an easement deed relating to any 
contribution— 
(i) which— 
(I) is part of a reportable trans-
action 
(as 
defined 
in 
section 
6707A(c)(1) of the Internal Revenue 
Code of 1986), or 
(II) is described in Internal Rev-
enue Service Notice 2017–10,
2328 
† HR 2617 EAS2 
(ii) 
which 
by 
reason 
of 
section 
170(h)(7) of such Code, as added by this 
section, is not treated as a qualified con-
servation contribution, 
(iii) if a deduction for such contribu-
tion under section 170 of such Code has 
been disallowed by the Secretary of the 
Treasury (or such Secretary’s delegate), and 
the donor is contesting such disallowance in 
a case which is docketed in a Federal court 
on a date before the date the amended deed 
is recorded by the donor, or 
(iv) if a claimed deduction for such 
contribution under section 170 of such Code 
resulted in an underpayment to which a 
penalty under section 6662 or 6663 of such 
Code applies and— 
(I) such penalty has been finally 
determined administratively, or 
(II) if such penalty is challenged 
in court, the judicial proceeding with 
respect to such penalty has been con-
cluded by a decision or judgment 
which has become final.
2329 
† HR 2617 EAS2 
SEC. 606. ENHANCING RETIREE HEALTH BENEFITS IN PEN-
SION PLANS. 
(a) AMENDMENTS TO INTERNAL REVENUE CODE OF 
1986.— 
(1) EXTENSION OF TRANSFERS OF EXCESS PEN-
SION ASSETS TO RETIREE HEALTH ACCOUNTS.—Para-
graph (4) of section 420(b) is amended by striking 
‘‘December 31, 2025’’ and inserting ‘‘December 31, 
2032’’. 
(2) DE MINIMIS TRANSFER RULE.— 
(A) IN GENERAL.—Subsection (e) of section 
420 is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(7) SPECIAL
RULE
FOR
DE
MINIMIS
TRANS-
FERS.— 
‘‘(A) IN GENERAL.—In the case of a trans-
fer of an amount which is not more than 1.75 
percent of the amount determined under para-
graph (2)(A) by a plan which meets the require-
ments of subparagraph (B), paragraph (2)(B) 
shall be applied by substituting ‘110 percent’ for 
‘125 percent’. 
‘‘(B) 
TWO-YEAR
LOOKBACK
REQUIRE-
MENT.—A plan is described in this subpara-
graph if, as of any valuation date in each of the 
2 plan years immediately preceding the plan
2330 
† HR 2617 EAS2 
year in which the transfer occurs, the amount 
determined under paragraph (2)(A) exceeded 110 
percent of the sum of the funding target and the 
target normal cost determined under section 430 
for each such plan year.’’. 
(B) COST
MAINTENANCE
PERIOD.—Sub-
paragraph (D) of section 420(c)(3) is amended 
by striking ‘‘5 taxable years’’ and inserting ‘‘5 
taxable years (7 taxable years in the case of a 
transfer to which subsection (e)(7) applies)’’. 
(C) CONFORMING AMENDMENTS.— 
(i) EXCESS PENSION ASSETS.—Clause 
(i) of section 420(f)(2)(B) is amended— 
(I) by striking ‘‘IN GENERAL.— 
In’’ and inserting ‘‘IN GENERAL.— 
‘‘(I) DETERMINATION.—In’’, 
(II) 
by 
striking 
‘‘subsection 
(e)(2)’’ 
and 
inserting 
‘‘subsection 
(e)(2)(B)’’, and 
(III) by adding at the end the fol-
lowing new subclause: 
‘‘(II) SPECIAL RULE FOR COLLEC-
TIVELY
BARGAINED
TRANSFERS.—In 
determining excess pension assets for 
purposes of a collectively bargained
2331 
† HR 2617 EAS2 
transfer, subsection (e)(7) shall not 
apply.’’. 
(ii) MINIMUM COST.—Subclause (I) of 
section 420(f)(2)(D)(i) is amended by strik-
ing ‘‘4th year’’ and inserting ‘‘4th year (the 
6th year in the case of a transfer to which 
subsection (e)(7) applies)’’. 
(b) EXTENSION OF TRANSFERS OF EXCESS PENSION 
ASSETS
TO RETIREE HEALTH ACCOUNTS UNDER EM-
PLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— 
(1) DEFINITIONS.—Section 101(e)(3) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1021(e)(3)) is amended by striking ‘‘(as in ef-
fect on the date of the enactment of the Surface 
Transportation and Veterans Health Care Choice Im-
provement Act of 2015)’’ and inserting ‘‘(as in effect 
on the date of enactment of the SECURE 2.0 Act of 
2022)’’. 
(2) USE OF ASSETS.—Section 403(c)(1) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1103(c)(1)) is amended by striking ‘‘(as in 
effect on the date of the enactment of the Surface 
Transportation and Veterans Health Care Choice Im-
provement Act of 2015)’’ and inserting ‘‘(as in effect
2332 
† HR 2617 EAS2 
on the date of enactment of the SECURE 2.0 Act of 
2022)’’. 
(3) EXEMPTION.—Section 408(b)(13) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1108(b)(13)) is amended— 
(A) by striking ‘‘January 1, 2026’’ and in-
serting ‘‘January 1, 2033’’; and 
(B) by striking ‘‘(as in effect on the date of 
the enactment of the Surface Transportation and 
Veterans Health Care Choice Improvement Act of 
2015)’’ and inserting ‘‘(as in effect on the date 
of enactment of the SECURE 2.0 Act of 2022)’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to transfers made after the date of the 
enactment of this Act. 
TITLE VII—TAX COURT 
RETIREMENT PROVISIONS 
SEC. 701. PROVISIONS RELATING TO JUDGES OF THE TAX 
COURT. 
(a) THRIFT
SAVINGS
PLAN
CONTRIBUTIONS
FOR 
JUDGES IN THE FEDERAL EMPLOYEES RETIREMENT SYS-
TEM.— 
(1) IN GENERAL.—Subsection (j)(3)(B) of section 
7447 is amended to read as follows:
2333 
† HR 2617 EAS2 
‘‘(B) CONTRIBUTIONS
FOR
BENEFIT
OF 
JUDGE.—No contributions under section 8432(c) 
of title 5, United States Code, shall be made for 
the benefit of a judge who has filed an election 
to receive retired pay under subsection (e).’’. 
(2) OFFSET.—Paragraph (3) of section 7447(j) 
is amended by adding at the end the following new 
subparagraph: 
‘‘(F) OFFSET.—In the case of a judge who 
receives a distribution from the Thrift Savings 
Plan and who later receives retired pay under 
subsection (d), the retired pay shall be offset by 
an amount equal to the amount of the distribu-
tion which represents the Government’s contribu-
tion to the individual’s Thrift Savings Account 
during years of service as a full-time judicial of-
ficer under the Federal Employees Retirement 
System, without regard to earnings attributable 
to such amount. Where such an offset would ex-
ceed 50 percent of the retired pay to be received 
in the first year, the offset may be divided equal-
ly over the first 2 years in which the individual 
receives the annuity.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to basic pay earned
2334 
† HR 2617 EAS2 
while serving as a judge of the United States Tax 
Court on or after the date of the enactment of this 
Act. 
(b) CHANGE IN VESTING PERIOD FOR SURVIVOR AN-
NUITIES AND WAIVER OF VESTING PERIOD IN THE EVENT 
OF ASSASSINATION.— 
(1) ELIGIBILITY IN CASE OF DEATH.—Subsection 
(h) of section 7448 is amended to read as follows: 
‘‘(h) ENTITLEMENT TO ANNUITY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) ANNUITY TO SURVIVING SPOUSE.—If a 
judge or special trial judge described in para-
graph (2) is survived by a surviving spouse but 
not by a dependent child, there shall be paid to 
such surviving spouse an annuity beginning 
with the day of the death of the judge or special 
trial judge or following the surviving spouse’s at-
tainment of age 50, whichever is the later, in an 
amount computed as provided in subsection (m). 
‘‘(B) ANNUITY TO SURVIVING SPOUSE AND 
CHILD.—If a judge or special trial judge de-
scribed in paragraph (2) is survived by a sur-
viving spouse and dependent child or children, 
there shall be paid to such surviving spouse an 
annuity, beginning on the day of the death of the
2335 
† HR 2617 EAS2 
judge or special trial judge, in an amount com-
puted as provided in subsection (m), and there 
shall also be paid to or on behalf of each such 
child an immediate annuity equal to the lesser 
of— 
‘‘(i) 10 percent of the average annual 
salary of such judge or special trial judge 
(determined in accordance with subsection 
(m)), or 
‘‘(ii) 20 percent of such average annual 
salary, divided by the number of such chil-
dren. 
‘‘(C) ANNUITY
TO
SURVIVING
DEPENDENT 
CHILDREN.—If a judge or special trial judge de-
scribed in paragraph (2) leaves no surviving 
spouse but leaves a surviving dependent child or 
children, there shall be paid to or on behalf of 
each such child an immediate annuity equal to 
the lesser of— 
‘‘(i) 20 percent of the average annual 
salary of such judge or special trial judge 
(determined in accordance with subsection 
(m)), or
2336 
† HR 2617 EAS2 
‘‘(ii) 40 percent of such average annual 
salary divided by the number of such chil-
dren. 
‘‘(2) COVERED JUDGES.—Paragraph (1) applies 
to any judge or special trial judge electing under sub-
section (b)— 
‘‘(A) who dies while a judge or special trial 
judge after having rendered at least 18 months 
of civilian service computed as prescribed in sub-
section (n), for the last 18 months of which the 
salary deductions provided for by subsection 
(c)(1) or the deposits required by subsection (d) 
have actually been made or the salary deductions 
required by the civil service retirement laws have 
actually been made, or 
‘‘(B) who dies by assassination after having 
rendered less than 18 months of civilian service 
computed as prescribed in subsection (n) if, for 
the period of such service, the salary deductions 
provided for by subsection (c)(1) or the deposits 
required by subsection (d) have actually been 
made. 
‘‘(3) TERMINATION OF ANNUITY.— 
‘‘(A) SURVIVING
SPOUSE.—The annuity 
payable to a surviving spouse under this sub-
2337 
† HR 2617 EAS2 
section shall be terminable upon such surviving 
spouse’s death or such surviving spouse’s remar-
riage before attaining age 55. 
‘‘(B) SURVIVING CHILD.—Any annuity pay-
able to a child under this subsection shall be ter-
minable upon the earliest of— 
‘‘(i) the child’s attainment of age 18, 
‘‘(ii) the child’s marriage, or 
‘‘(iii) the child’s death, 
except that if such child is incapable of self-sup-
port by reason of mental or physical disability 
the child’s annuity shall be terminable only upon 
death, marriage, or recovery from such dis-
ability. 
‘‘(C) DEPENDENT CHILD AFTER DEATH OF 
SURVIVING SPOUSE.—In case of the death of a 
surviving spouse of a judge or special trial judge 
leaving a dependent child or children of the 
judge or special trial judge surviving such 
spouse, the annuity of such child or children 
shall be recomputed and paid as provided in 
paragraph (1)(C). 
‘‘(D) RECOMPUTATION
WITH
RESPECT
TO 
OTHER DEPENDENT CHILDREN.—In any case in 
which the annuity of a dependent child is termi-
2338 
† HR 2617 EAS2 
nated under this subsection, the annuities of any 
remaining dependent child or children based 
upon the service of the same judge or special 
trial judge shall be recomputed and paid as 
though the child whose annuity was so termi-
nated had not survived such judge. 
‘‘(E) SPECIAL
RULE
FOR
ASSASSINATED 
JUDGES.—In the case of a survivor of a judge or 
special trial judge described in paragraph 
(2)(B), there shall be deducted from the annuities 
otherwise payable under this section an amount 
equal to the amount of salary deductions that 
would have been made if such deductions had 
been made for 18 months prior to the death of 
the judge or special trial judge.’’. 
(2) DEFINITION
OF
ASSASSINATION.—Section 
7448(a) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(10) The terms ‘assassinated’ and ‘assassina-
tion’ mean the killing of a judge or special trial judge 
that is motivated by the performance by the judge or 
special trial judge of his or her official duties.’’. 
(3) DETERMINATION OF ASSASSINATION.—Sub-
section (i) of section 7448 is amended—
2339 
† HR 2617 EAS2 
(A) by striking ‘‘OF DEPENDENCY AND DIS-
ABILITY.—Questions’’ and inserting ‘‘BY CHIEF 
JUDGE.— 
‘‘(1) 
DEPENDENCY
AND
DISABILITY.—Ques-
tions’’, and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) ASSASSINATION.—The chief judge shall de-
termine whether the killing of a judge or special trial 
judge was an assassination, subject to review only by 
the Tax Court. The head of any Federal agency that 
investigates the killing of a judge or special trial 
judge shall provide to the chief judge any information 
that would assist the chief judge in making such a de-
termination.’’. 
(4) 
COMPUTATION
OF
ANNUITIES.—Section 
7448(m) is amended to read as follows: 
‘‘(m) COMPUTATION OF ANNUITIES.—The annuity of 
the surviving spouse of a judge or special trial judge electing 
under subsection (b) shall be an amount equal to the sum 
of— 
‘‘(1) the product of— 
‘‘(A) 1.5 percent of the average annual sal-
ary (whether judge’s or special trial judge’s sal-
2340 
† HR 2617 EAS2 
ary or compensation for other allowable service) 
received by such judge or special trial judge— 
‘‘(i) for judicial service (including pe-
riods in which he received retired pay under 
section 7447(d), section 7447A(d), or any 
annuity under chapter 83 or 84 of title 5, 
United States Code) or for any other prior 
allowable service during the period of 3 con-
secutive years in which such judge or spe-
cial trial judge received the largest such av-
erage annual salary, or 
‘‘(ii) in the case of a judge or special 
trial judge who has served less than 3 years, 
during the total period of such service prior 
to such judge’s or special trial judge’s death, 
multiplied by the sum of, multiplied by 
‘‘(B) the sum of— 
‘‘(i) the judge’s or special trial judge’s 
years of such judicial service, 
‘‘(ii) the judge’s or special trial judge’s 
years of prior allowable service as a Sen-
ator, Representative, Delegate, or Resident 
Commissioner in Congress, 
‘‘(iii) the judge’s or special trial judge’s 
years of prior allowable service performed
2341 
† HR 2617 EAS2 
as a member of the Armed Forces of the 
United States, and 
‘‘(iv) the judge’s or special trial judge’s 
years, not exceeding 15, of prior allowable 
service performed as a congressional em-
ployee (as defined in section 2107 of title 5 
of the United States Code), plus 
‘‘(2) three-fourths of 1 percent of such average 
annual salary multiplied by the judge’s years of any 
other prior allowable service, 
except that such annuity shall not exceed an amount equal 
to 50 percent of such average annual salary, nor be less 
than an amount equal to 25 percent of such average annual 
salary, and shall be further reduced in accordance with sub-
section (d) (if applicable). In determining the period of 3 
consecutive years referred to in the preceding sentence, there 
may not be taken into account any period for which an 
election under section 7447(f)(4) is in effect.’’. 
(5) OTHER BENEFITS.—Section 7448 is amended 
by adding at the end the following new subsection: 
‘‘(u) OTHER BENEFITS IN CASE OF ASSASSINATION.— 
In the case of a judge or special trial judge who is assas-
sinated, an annuity shall be paid under this section not-
withstanding a survivor’s eligibility for or receipt of bene-
fits under chapter 81 of title 5, United States Code, except
2342 
† HR 2617 EAS2 
that the annuity for which a surviving spouse is eligible 
under this section shall be reduced to the extent that the 
total benefits paid under this section and chapter 81 of that 
title for any year would exceed the current salary for that 
year of the office of the judge or special trial judge.’’. 
(c) COORDINATION OF RETIREMENT AND SURVIVOR 
ANNUITY WITH THE FEDERAL EMPLOYEES RETIREMENT 
SYSTEM.— 
(1) RETIREMENT.—Section 7447 is amended— 
(A) by striking ‘‘section 8331(8)’’ in sub-
section (g)(2)(C) and inserting ‘‘sections 8331(8) 
and 8401(19)’’, and 
(B) by striking ‘‘Civil Service Commission’’ 
both places it appears in subsection (i)(2) and 
inserting ‘‘Office of Personnel Management’’. 
(2) ANNUITIES TO SURVIVING SPOUSES AND DE-
PENDENT CHILDREN.—Section 7448 is amended— 
(A) by striking ‘‘section 8332’’ in subsection 
(d) and inserting ‘‘sections 8332 and 8411’’, and 
(B) by striking ‘‘section 8332’’ in subsection 
(n) and inserting ‘‘sections 8332 and 8411’’. 
(d) LIMIT ON TEACHING COMPENSATION OF RETIRED 
JUDGES.— 
(1) IN GENERAL.—Section 7447 is amended by 
adding at the end the following new subsection:
2343 
† HR 2617 EAS2 
‘‘(k) 
TEACHING
COMPENSATION
OF
RETIRED 
JUDGES.—For purposes of the limitation under section 
501(a) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.), any compensation for teaching approved under sec-
tion 502(a)(5) of such Act shall not be treated as outside 
earned income when received by a judge of the United States 
Tax Court who has retired under subsection (b) for teaching 
performed during any calendar year for which such a judge 
has met the requirements of subsection (c), as certified by 
the chief judge, or has retired under subsection (b)(4).’’. 
(2) EFFECTIVE DATE.—The amendment made by 
this subsection shall apply to any individual serving 
as a retired judge of the United States Tax Court on 
or after the date of the enactment of this Act. 
(e) EFFECTIVE DATE.—Except as otherwise provided, 
the amendments made by this section shall take effect on 
the date of the enactment of this Act. 
SEC. 702. PROVISIONS RELATING TO SPECIAL TRIAL 
JUDGES OF THE TAX COURT. 
(a) RETIREMENT AND RECALL FOR SPECIAL TRIAL 
JUDGES.—Part I of subchapter C of chapter 76 is amended 
by inserting after section 7447 the following new section: 
‘‘SEC. 7447A. RETIREMENT FOR SPECIAL TRIAL JUDGES. 
‘‘(a) IN GENERAL.—
2344 
† HR 2617 EAS2 
‘‘(1) RETIREMENT.—Any special trial judge ap-
pointed pursuant to section 7443A may retire from 
service as a special trial judge if the individual meets 
the age and service requirements set forth in the fol-
lowing table: 
‘‘If the special trial judge has attained 
age: 
And the years of service as a special 
trial judge are at least: 
65 15 
66 14 
67 13 
68 12 
69 11 
70 10. 
‘‘(2) LENGTH OF SERVICE.—In making any de-
termination of length of service as a special trial 
judge there shall be included all periods (whether or 
not consecutive) during which an individual served as 
a special trial judge 
‘‘(b) RETIREMENT UPON DISABILITY.—Any special 
trial judge appointed pursuant to section 7443A who be-
comes permanently disabled from performing such individ-
ual’s duties shall retire from service as a special trial judge. 
‘‘(c) RECALLING
OF
RETIRED
SPECIAL
TRIAL 
JUDGES.—Any individual who has retired pursuant to sub-
section (a) may be called upon by the chief judge to perform 
such judicial duties with the Tax Court as may be requested 
of such individual for a period or periods specified by the 
chief judge, except that in the case of any such individual—
2345 
† HR 2617 EAS2 
‘‘(1) the aggregate of such periods in any 1 cal-
endar year shall not (without the consent of such in-
dividual) exceed 90 calendar days, and 
‘‘(2) such individual shall be relieved of per-
forming such duties during any period in which ill-
ness or disability precludes the performance of such 
duties. 
Any act, or failure to act, by an individual performing ju-
dicial duties pursuant to this subsection shall have the same 
force and effect as if it were the act (or failure to act) of 
a special trial judge. Any individual who is performing ju-
dicial duties pursuant to this subsection shall be paid the 
same compensation (in lieu of retired pay) and allowances 
for travel and other expenses as a special trial judge. 
‘‘(d) RETIRED PAY.— 
‘‘(1) IN GENERAL.—Any individual who retires 
pursuant to subsection (a) and elects under subsection 
(e) to receive retired pay under this subsection shall 
receive retired pay during any period of retirement 
from service as a special trial judge at a rate which 
bears the same ratio to the rate of the salary payable 
to a special trial judge during such period as— 
‘‘(A) the number of years such individual 
has served as special trial judge bears to, 
‘‘(B) 15,
2346 
† HR 2617 EAS2 
except that the rate of such retired pay shall not be 
more than the rate of such salary for such period. 
‘‘(2) RETIREMENT UPON DISABILITY.—Any indi-
vidual who retires pursuant to subsection (b) and 
elects under subsection (e) to receive retired pay under 
this subsection shall receive retired pay during any 
period of retirement from service as a special trial 
judge— 
‘‘(A) at a rate equal to the rate of the salary 
payable to a special trial judge during such pe-
riod, if the individual had at least 10 years of 
service as a special trial judge before retirement, 
and 
‘‘(B) at a rate equal to 1⁄2 the rate described 
in subparagraph (A), if the individual had fewer 
than 10 years of service as a special trial judge 
before retirement. 
‘‘(3) BEGINNING DATE AND PAYMENT.—Retired 
pay under this subsection shall begin to accrue on the 
day following the date on which the individual’s sal-
ary as a special trial judge ceases to accrue, and shall 
continue to accrue during the remainder of such indi-
vidual’s life. Retired pay under this subsection shall 
be paid in the same manner as the salary of a special 
trial judge.
2347 
† HR 2617 EAS2 
‘‘(4) PARTIAL YEARS.—In computing the rate of 
the retired pay for an individual to whom paragraph 
(1) applies, any portion of the aggregate number of 
years such individual has served as a special trial 
judge which is a fractional part of 1 year shall be 
eliminated if it is less than 6 months, or shall be 
counted as a full year if it is 6 months or more. 
‘‘(5) RECALLED
SERVICE.—In computing the 
rate of the retired pay for an individual to whom 
paragraph (1) applies, any period during which such 
individual performs services under subsection (c) on 
a substantially full-time basis shall be treated as a 
period during which such individual has served as a 
special trial judge. 
‘‘(e) ELECTION TO RECEIVE RETIRED PAY.—Any spe-
cial trial judge may elect to receive retired pay under sub-
section (d). Such an election— 
‘‘(1) may be made only while an individual is 
a special trial judge (except that in the case of an in-
dividual who fails to be reappointed as a special trial 
judge, such election may be made within 60 days 
after such individual leaves office as a special trial 
judge), 
‘‘(2) once made, shall be irrevocable, and
2348 
† HR 2617 EAS2 
‘‘(3) shall be made by filing notice thereof in 
writing with the chief judge. 
The chief judge shall transmit to the Office of Personnel 
Management a copy of each notice filed with the chief judge 
under this subsection. 
‘‘(f) OTHER RULES MADE APPLICABLE.—The rules of 
subsections (f), (g), (h)(2), (i), and (j), and the first sentence 
of subsection (h)(1), of section 7447 shall apply to a special 
trial judge in the same manner as a judge of the Tax Court. 
For purposes of the preceding sentence, any reference to the 
President in such subsections shall be applied as if it were 
a reference to the chief judge.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 3121(b)(5)(E) is amended by insert-
ing ‘‘or special trial judge’’ before ‘‘of the United 
States Tax Court’’. 
(2) Section 7448(b)(2) is amended to read as fol-
lows: 
‘‘(2) SPECIAL TRIAL JUDGES.—Any special trial 
judge may by written election filed with the chief 
judge elect the application of this section. Such elec-
tion shall be filed while such individual is a special 
trial judge.’’. 
(3) Section 210(a)(5)(E) of the Social Security 
Act (42 U.S.C. 410(a)(5)(E)) is amended by inserting
2349 
† HR 2617 EAS2 
‘‘or special trial judge’’ before ‘‘of the United States 
Tax Court’’. 
(c) CLERICAL AMENDMENT.—The table of sections for 
part I of subchapter C of chapter 76 is amended by insert-
ing after the item relating to section 7447 the following new 
item: 
‘‘Sec. 7447A. Retirement for special trial judges.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act, except that section 7447A(e) of the Internal Revenue 
Code of 1986 (as added by this section) shall take effect on 
the date that is 180 days after such date of enactment. Spe-
cial trial judges retiring on or after the date of the enact-
ment of this Act, and before the date that is 180 days after 
the date of such enactment, may file an election under such 
section not later than 60 days after such date. 
DIVISION U—JOSEPH MAXWELL 
CLELAND AND ROBERT JO-
SEPH DOLE MEMORIAL VET-
ERANS 
BENEFITS 
AND 
HEALTH CARE IMPROVEMENT 
ACT OF 2022 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Joseph Maxwell Cleland and Robert Joseph Dole Memorial
2350 
† HR 2617 EAS2 
Veterans Benefits and Health Care Improvement Act of 
2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
DIVISION U—JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH 
DOLE MEMORIAL VETERANS BENEFITS AND HEALTH CARE IM-
PROVEMENT ACT OF 2022 
Sec. 1. Short title; table of contents. 
TITLE I—HEALTH CARE MATTERS 
Subtitle A—Access to Care 
Sec. 101. Expansion of eligibility for hospital care, medical services, and nursing 
home care from the Department of Veterans Affairs to include 
veterans of World War II. 
Sec. 102. Department of Veterans Affairs treatment and research of prostate can-
cer. 
Subtitle B—Health Care Employees 
Sec. 111. Third party review of appointees in Veterans Health Administration 
who had a license terminated for cause and notice to individuals 
treated by those appointees if determined that an episode of care 
or services that they received was below the standard of care. 
Sec. 112. Compliance with requirements for examining qualifications and clinical 
abilities of health care professionals of Department of Veterans 
Affairs. 
Subtitle C—Care From Non-Department of Veterans Affairs Providers 
CHAPTER 1—WAIT TIMES FOR CARE 
Sec. 121. Calculation of wait time for purposes of eligibility under Veterans Com-
munity Care Program. 
Sec. 122. Plan regarding informing veterans of expected wait times for appoint-
ments for care. 
CHAPTER 2—IMPROVEMENT OF PROVISION OF CARE 
Sec. 125. Modifications to access standards for care furnished through Commu-
nity Care Program of Department of Veterans Affairs. 
Sec. 126. Strategic plan to ensure continuity of care in the case of the realign-
ment of a medical facility of the Department. 
CHAPTER 3—COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM 
Sec. 131. Definitions. 
Sec. 132. Pilot program establishing community care appointment self-scheduling 
technology. 
Sec. 133. Appointment self-scheduling capabilities. 
Sec. 134. Report.
2351 
† HR 2617 EAS2 
CHAPTER 4—ADMINISTRATION OF NON-DEPARTMENT CARE 
Sec. 141. Credentialing verification requirements for providers of non-Depart-
ment of Veterans Affairs health care services. 
Sec. 142. Claims for payment from Department of Veterans Affairs for emergency 
treatment furnished to veterans. 
Sec. 143. Publication of clarifying information for non-Department of Veterans 
Affairs providers. 
Sec. 144. Inapplicability of certain providers to provide non-Department of Vet-
erans Affairs care. 
Subtitle D—Improvement of Rural Health and Telehealth 
Sec. 151. Establishment of strategic plan requirement for Office of Connected 
Care of Department of Veterans Affairs. 
Sec. 152. Comptroller General report on transportation services by third parties 
for rural veterans. 
Sec. 153. Comptroller General report on telehealth services of the Department of 
Veterans Affairs. 
Subtitle E—Care for Aging Veterans 
Sec. 161. Strategy for long-term care for aging veterans. 
Sec. 162. Improvement of State veterans homes. 
Sec. 163. Geriatric psychiatry pilot program at State veterans homes. 
Sec. 164. Support for aging veterans at risk of or experiencing homelessness. 
Sec. 165. Secretary of Veterans Affairs contract authority for payment of care for 
veterans in non-Department of Veterans Affairs medical foster 
homes. 
Subtitle F—Foreign Medical Program 
Sec. 171. Analysis of feasibility and advisability of expanding assistance and 
support to caregivers to include caregivers of veterans in the Re-
public of the Philippines. 
Sec. 172. Comptroller General report on Foreign Medical Program of Department 
of Veterans Affairs. 
Subtitle G—Research Matters 
Sec. 181. Inapplicability of Paperwork Reduction Act. 
Sec. 182. Research and Development. 
Sec. 183. Expansion of hiring authorities for certain classes of research occupa-
tions. 
Sec. 184. Comptroller General study on dedicated research time for certain per-
sonnel of the Department of Veterans Affairs. 
Subtitle H—Mental Health Care 
Sec. 191. Analysis of feasibility and advisability of Department of Veterans Af-
fairs providing evidence-based treatments for the diagnosis of 
treatment-resistant depression. 
Sec. 192. Modification of resource allocation system to include peer specialists. 
Sec. 193. Gap analysis of psychotherapeutic interventions of the Department of 
Veterans Affairs. 
Sec. 193A. Prohibition on collection of copayments for first three mental health 
care outpatient visits of veterans.
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Subtitle I—Other Matters 
Sec. 194. Requirement for ongoing independent assessments of health care delivery 
systems and management processes of the Department of Vet-
erans Affairs. 
Sec. 195. Improved transparency of, access to, and usability of data provided by 
Department of Veterans Affairs. 
TITLE II—BENEFITS MATTERS 
Subtitle A—Benefits Generally 
Sec. 201. Improvements to process of the Department of Veterans Affairs for cloth-
ing allowance claims. 
Sec. 202. Medical opinions for certain veterans with service-connected disabilities 
who die of COVID–19. 
Sec. 203. Enhanced loan underwriting methods. 
Sec. 204. Department of Veterans Affairs loan fees. 
Subtitle B—Education 
Sec. 211. Native VetSuccess at Tribal Colleges and Universities Pilot Program. 
Sec. 212. Education for separating members of the Armed Forces regarding reg-
istered apprenticeships. 
Sec. 213. Websites regarding apprenticeship programs. 
Sec. 214. Transfer of entitlement to Post-9/11 Educational Assistance Program of 
Department of Veterans Affairs. 
Sec. 215. Use of entitlement under Department of Veterans Affairs Survivors’ and 
Dependents’ Educational Assistance Program for secondary 
school education. 
Sec. 216. Establishment of protections for a member of the Armed Forces who 
leaves a course of education, paid for with certain educational 
assistance, to perform certain service. 
Subtitle C—GI Bill National Emergency Extended Deadline Act 
Sec. 231. Short title. 
Sec. 232. Extension of time limitation for use of entitlement under Department 
of Veterans Affairs educational assistance programs by reason of 
school closures due to emergency and other situations. 
Sec. 233. Extension of period of eligibility by reason of school closures due to 
emergency and other situations under Department of Veterans 
Affairs training and rehabilitation program for veterans with 
service-connected disabilities. 
Sec. 234. Period for eligibility under Survivors’ And Dependents’ Educational 
Assistance Program of Department of Veterans Affairs. 
Subtitle D—Rural Veterans Travel Enhancement 
Sec. 241. Comptroller General of the United States report on fraud, waste, and 
abuse of the Department of Veterans Affairs beneficiary travel 
program. 
Sec. 242. Comptroller General study and report on effectiveness of Department of 
Veterans Affairs beneficiary travel program mileage reimburse-
ment and deductible amounts. 
Sec. 243. Department of Veterans Affairs transportation pilot program for low 
income veterans.
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† HR 2617 EAS2 
Sec. 244. Pilot program for travel cost reimbursement for accessing readjustment 
counseling services. 
Subtitle E—VA Beneficiary Debt Collection Improvement Act 
Sec. 251. Short title. 
Sec. 252. Prohibition of debt arising from overpayment due to delay in processing 
by the Department of Veterans Affairs. 
Sec. 253. Prohibition on Department of Veterans Affairs interest and administra-
tive cost charges for debts relating to certain benefits programs. 
Sec. 254. Extension of window to request relief from recovery of debt arising 
under laws administered by the Secretary of Veterans Affairs. 
Sec. 255. Reforms relating to recovery by Department of Veterans Affairs of 
amounts owed by individuals to the United States. 
TITLE III—HOMELESSNESS MATTERS 
Sec. 301. Adjustments of grants awarded by the Secretary of Veterans Affairs for 
comprehensive service programs to serve homeless veterans. 
Sec. 302. Modifications to program to improve retention of housing by formerly 
homeless veterans and veterans at risk of becoming homeless. 
Sec. 303. Modifications to homeless veterans reintegration programs. 
Sec. 304. Expansion and extension of Department of Veterans Affairs housing as-
sistance for homeless veterans. 
Sec. 305. Training and technical assistance provided by Secretary of Veterans Af-
fairs to certain entities. 
Sec. 306. Modification of eligibility requirements for entities collaborating with 
the Secretary of Veterans Affairs to provide case management 
services to homeless veterans in the Department of Housing and 
Urban Development-Department of Veterans Affairs supported 
housing program. 
Sec. 307. Department of Veterans Affairs sharing of information relating to co-
ordinated entry processes for housing and services operated 
under Department of Housing and Urban Development Con-
tinuum of Care Program. 
Sec. 308. Department of Veterans Affairs communication with employees respon-
sible for homelessness assistance programs. 
Sec. 309. System for sharing and reporting data. 
Sec. 310. Pilot program on grants for health care for homeless veterans. 
Sec. 311. Pilot program on award of grants for substance use disorder recovery 
for homeless veterans. 
Sec. 312. Report by Comptroller General of the United States on affordable hous-
ing for veterans. 
Sec. 313. Study on financial and credit counseling. 
TITLE IV—OTHER MATTERS 
Sec. 401. Department of Veterans Affairs supply chain resiliency. 
Sec. 402. Improvements to equal employment opportunity functions of Depart-
ment of Veterans Affairs. 
Sec. 403. Department of Veterans Affairs Information Technology Reform Act of 
2022. 
Sec. 404. Report on information technology dashboard information. 
Sec. 405. Improvements to transparency of law enforcement operations of Depart-
ment of Veterans Affairs. 
Sec. 406. Plan for reduction of backlog of Freedom of Information Act requests.
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† HR 2617 EAS2 
Sec. 407. Medal of Honor special pension technical correction. 
Sec. 408. Imposition of cap on employees of the Department of Veterans Affairs 
who provide equal employment opportunity counseling. 
TITLE I—HEALTH CARE 
MATTERS 
Subtitle A—Access to Care 
SEC. 101. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, 
MEDICAL SERVICES, AND NURSING HOME 
CARE FROM THE DEPARTMENT OF VETERANS 
AFFAIRS TO INCLUDE VETERANS OF WORLD 
WAR II. 
(a) IN GENERAL.—Section 1710(a)(2)(E) of title 38, 
United States Code, is amended by striking ‘‘of the Mexican 
border period or of World War I;’’ and inserting ‘‘of— 
‘‘(i) the Mexican border period; 
‘‘(ii) World War I; or 
‘‘(iii) World War II;’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on March 31, 2023. 
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS TREAT-
MENT AND RESEARCH OF PROSTATE CANCER. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Prostate cancer is the number one cancer di-
agnosed in the Veterans Health Administration. 
(2) A 1996 report published by the National 
Academy of Sciences, Engineering, and Medicine es-
2355 
† HR 2617 EAS2 
tablished a link between prostate cancer and exposure 
to herbicides, such as Agent Orange. 
(3) It is essential to acknowledge that due to 
these circumstances, certain veterans are made aware 
that they are high-risk individuals when it comes to 
the potential to develop prostate cancer. 
(4) In being designated as ‘‘high risk’’, it is es-
sential that veterans are proactive in seeking earlier 
preventative clinical services for the early detection 
and successful treatment of prostate cancer, whether 
that be through the Veterans Health Administration 
or through a community provider. 
(5) Clinical preventative services and initial de-
tection are some of the most important components in 
the early detection of prostate cancer for veterans at 
high risk of prostate cancer. 
(6) For veterans with prostate cancer, including 
prostate cancer that has metastasized, precision oncol-
ogy, including biomarker-driven clinical trials and 
innovations underway through the Prostate Cancer 
Foundation and Department of Veterans Affairs part-
nership, represents one of the most promising areas of 
interventions, treatments, and cures for such veterans 
and their families. 
(b) ESTABLISHMENT OF CLINICAL PATHWAY.—
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† HR 2617 EAS2 
(1) IN GENERAL.—Not later than 365 days after 
the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall establish an interdisciplinary 
clinical pathway for all stages of prostate cancer, 
from early detection to end of life care. The clinical 
pathway shall be established in the National Surgery 
Office of the Department of Veterans Affairs in close 
collaboration with the National Program Office of 
Oncology, the Office of Research and Development, 
and other relevant entities of the Department, includ-
ing Primary Care. 
(2) ELEMENTS.—The national clinical pathway 
established under this subsection shall include the fol-
lowing elements: 
(A) A diagnosis pathway for prostate can-
cer that includes early screening and diagnosis 
protocol, including screening recommendations 
for veterans with evidence-based risk factors. 
(B) A treatment pathway that details the 
respective roles of each office of the Department 
that will interact with veterans receiving pros-
tate cancer care, including treatment protocol 
recommendations for veterans with evidence- 
based risk factors.
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† HR 2617 EAS2 
(C) Treatment recommendations for all 
stages of prostate cancer that reflect nationally 
recognized standards for oncology, including Na-
tional Comprehensive Cancer Network guidelines. 
xt> 
(D) A suggested protocol timeframe for each 
point of care, from early screening to treatment 
and end-of-life care, based on severity and stage 
of cancer. 
(E) A plan that includes, as appropriate, 
both Department medical facilities and commu-
nity-based partners and providers and research 
centers specializing in prostate cancer, especially 
such centers that have entered into partnerships 
with the Department. 
(3) COLLABORATION AND COORDINATION.—In es-
tablishing the clinical pathway required under this 
section, the Secretary may collaborate and coordinate 
with— 
(A) the National Institutes of Health; 
(B) the National Cancer Institute; 
(C) the National Institute on Minority 
Health and Health Disparities; 
(D) the Centers for Disease Control and 
Prevention;
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† HR 2617 EAS2 
(E) the Centers for Medicare and Medicaid 
Services; 
(F) the Patient-Centered Outcomes Research 
Institute; 
(G) the Food and Drug Administration; 
(H) the Department of Defense; and 
(I) other Institutes and Centers as the Sec-
retary determines necessary. 
(4) CONSULTATION
REQUIREMENT.—In estab-
lishing the clinical pathway required under this sec-
tion, the Secretary shall consult with, and incorporate 
feedback from, veterans who have received prostate 
cancer care at Department medical facilities as well 
as experts in multi-disciplinary cancer care and clin-
ical research. 
(5) PUBLICATION.—The Secretary shall— 
(A) publish the clinical pathway established 
under this subsection on a publicly available De-
partment website; and 
(B) update the clinical pathway as needed 
by review of the medical literature and available 
evidence-based guidelines at least annually, in 
accordance with the criteria under paragraph 
(2).
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† HR 2617 EAS2 
(c) DEVELOPMENT
OF COMPREHENSIVE PROSTATE 
CANCER PROGRAM AND IMPLEMENTATION OF THE PROS-
TATE CANCER CLINICAL PATHWAY.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to Congress a plan to establish a 
prostate cancer program using the comprehensive 
prostate cancer clinical pathway developed under sub-
section (b). 
(2) PROGRAM REQUIREMENTS.—The comprehen-
sive prostate cancer program shall— 
(A) receive direct oversight from the Deputy 
Undersecretary for Health of the Department of 
Veterans Affairs; 
(B) include a yearly program implementa-
tion evaluation to facilitate replication for other 
disease states or in other healthcare institutions; 
(C) be metric driven and include the devel-
opment of biannual reports on the quality of 
prostate cancer care, which shall be provided to 
the leadership of the Department, medical cen-
ters, and providers and made publicly available 
in an electronic form; and 
(D) include an education plan for patients 
and providers.
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† HR 2617 EAS2 
(3) PROGRAM IMPLEMENTATION EVALUATION.— 
The Secretary shall establish a program evaluation 
tool to learn best practices and to inform the Depart-
ment and Congress regarding further use of the dis-
ease specific model of care delivery. 
(4) PROSTATE
CANCER
RESEARCH.—The Sec-
retary shall submit to Congress a plan that provides 
for continual funding through the Office of Research 
and Development of the Department of Veterans for 
supporting prostate cancer research designed to posi-
tion the Department as a national resource for pros-
tate cancer detection and treatment. Such plan 
shall— 
(A) include details regarding the funding of 
and coordination between the National Precision 
Oncology Program of the Department and the 
PCF–VA Precision Oncology Centers of Excel-
lence as related to the requirements of this Act; 
and 
(B) affirm that no funding included in such 
funding plan is duplicative in nature. 
(d) REPORT ON NATIONAL REGISTRY.—The Secretary 
of Veterans Affairs shall submit to Congress a report on 
the barriers and challenges associated with creating a na-
tional prostate cancer registry. Such report shall include
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† HR 2617 EAS2 
recommendations for centralizing data about veterans with 
prostate cancer for the purpose of improving outcomes and 
serving as a resource for providers. 
(e) DEFINITIONS.—In this section: 
(1) CLINICAL
PATHWAY.—The term ‘‘clinical 
pathway’’ means a health care management tool de-
signed around research and evidence-backed practices 
that provides direction for the clinical care and treat-
ment of a specific episode of a condition or ailment. 
(2) EVIDENCE-BASED RISK FACTORS.—The term 
‘‘evidence-based risk factors’’ includes race, ethnicity, 
socioeconomic status, geographic location, exposure 
risks, genetic risks, including family history, and 
such other factors as the Secretary determines appro-
priate. 
Subtitle B—Health Care Employees 
SEC. 111. THIRD PARTY REVIEW OF APPOINTEES IN VET-
ERANS HEALTH ADMINISTRATION WHO HAD A 
LICENSE TERMINATED FOR CAUSE AND NO-
TICE TO INDIVIDUALS TREATED BY THOSE 
APPOINTEES IF DETERMINED THAT AN EPI-
SODE OF CARE OR SERVICES THAT THEY RE-
CEIVED WAS BELOW THE STANDARD OF CARE. 
(a) THIRD PARTY REVIEW.—
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† HR 2617 EAS2 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall enter into a contract or other 
agreement with an organization that is not part of 
the Federal Government to conduct a clinical review 
for quality management of hospital care or medical 
services furnished by covered providers. 
(2) QUALIFICATIONS.—The Secretary shall en-
sure that each review of a covered provider under this 
subsection is performed by an individual who is li-
censed in the same specialty as the covered provider. 
(b) NOTICE TO PATIENTS TREATED BY COVERED PRO-
VIDERS.—With respect to hospital care or medical services 
furnished by a covered provider under the laws adminis-
tered by the Secretary, if a clinical review for quality man-
agement under subsection (a) determines that the standard 
of care was not met during an episode of care, the Secretary 
shall notify the individual who received such care or serv-
ices from the covered provider as described in applicable 
policy of the Veterans Heath Administration. 
(c) DEFINITIONS.—In this section: 
(1) COVERED
PROVIDER.—The term ‘‘covered 
provider’’ means an individual who—
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† HR 2617 EAS2 
(A) was appointed to the Veterans Health 
Administration under section 7401 of title 38, 
United States Code; and 
(B) before such appointment, had a license 
terminated for cause by a State licensing board 
for hospital care or medical services provided in 
a facility that is not a facility of the Veterans 
Health Administration. 
(2) HOSPITAL CARE OR MEDICAL SERVICES.— 
The terms ‘‘hospital care’’ and ‘‘medical services’’ 
have the meanings given those terms in section 1701 
of title 38, United States Code. 
SEC. 112. COMPLIANCE WITH REQUIREMENTS FOR EXAM-
INING QUALIFICATIONS AND CLINICAL ABILI-
TIES OF HEALTH CARE PROFESSIONALS OF 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Subchapter I of chapter 74 of title 
38, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 7414. Compliance with requirements for examining 
qualifications and clinical abilities of 
health care professionals 
‘‘(a) COMPLIANCE WITH CREDENTIALING REQUIRE-
MENTS.—The Secretary shall ensure that each medical cen-
ter of the Department, in a consistent manner—
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† HR 2617 EAS2 
‘‘(1) compiles, verifies, and reviews documenta-
tion for each health care professional of the Depart-
ment at such medical center regarding, at a min-
imum— 
‘‘(A) the professional licensure, certification, 
or registration of the health care professional; 
‘‘(B) whether the health care professional 
holds a Drug Enforcement Administration reg-
istration; and 
‘‘(C) the education, training, experience, 
malpractice history, and clinical competence of 
the health care professional; and 
‘‘(2) continuously monitors any changes to the 
matters under paragraph (1), including with respect 
to suspensions, restrictions, limitations, probations, 
denials, revocations, and other changes, relating to the 
failure of a health care professional to meet generally 
accepted standards of clinical practice in a manner 
that presents reasonable concern for the safety of pa-
tients. 
‘‘(b) REGISTRATION REGARDING CONTROLLED SUB-
STANCES.—(1) Except as provided in paragraph (2), the 
Secretary shall ensure that each covered health care profes-
sional holds an active Drug Enforcement Administration 
registration.
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† HR 2617 EAS2 
‘‘(2) The Secretary shall— 
‘‘(A) determine the circumstances in which a 
medical center of the Department must obtain a 
waiver under section 302(d) of the Controlled Sub-
stances Act (21 U.S.C. 822(d)) with respect to covered 
health care professionals; and 
‘‘(B) establish a process for medical centers to re-
quest such waivers. 
‘‘(3) In carrying out paragraph (1), the Secretary 
shall ensure that each medical center of the Department 
monitors the Drug Enforcement Administration registra-
tions of covered health care professionals at such medical 
center in a manner that ensures the medical center is made 
aware of any change in status in the registration by not 
later than seven days after such change in status. 
‘‘(4) If a covered health care professional does not hold 
an active Drug Enforcement Administration registration, 
the Secretary shall carry out any of the following actions, 
as the Secretary determines appropriate: 
‘‘(A) Obtain a waiver pursuant to paragraph 
(2). 
‘‘(B) Transfer the health care professional to a 
position that does not require prescribing, dispensing, 
administering, or conducting research with controlled 
substances.
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† HR 2617 EAS2 
‘‘(C) Take appropriate actions under subchapter 
V of this chapter, with respect to an employee of the 
Department, or take appropriate contract adminis-
tration actions, with respect to a contractor of the De-
partment. 
‘‘(c) REVIEWS OF CONCERNS RELATING TO QUALITY 
OF CLINICAL CARE.—(1) The Secretary shall ensure that 
each medical center of the Department, in a consistent man-
ner, carries out— 
‘‘(A) ongoing, retrospective, and comprehensive 
monitoring of the performance and quality of the 
health care delivered by each health care professional 
of the Department located at the medical center, in-
cluding with respect to the safety of such care; and 
‘‘(B) timely and documented reviews of such care 
if an individual notifies the Secretary of any poten-
tial concerns relating to a failure of a health care 
professional of the Department to meet generally ac-
cepted standards of clinical practice in a manner that 
presents reasonable concern for the safety of patients. 
‘‘(2) The Secretary shall establish a policy to carry out 
paragraph (1), including with respect to— 
‘‘(A) determining the period by which a medical 
center of the Department must initiate the review of 
a concern described in subparagraph (B) of such
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† HR 2617 EAS2 
paragraph following the date on which the concern is 
received; and 
‘‘(B) ensuring the compliance of each medical 
center with such policy. 
‘‘(d) COMPLIANCE WITH REQUIREMENTS
FOR RE-
PORTING QUALITY OF CARE CONCERNS.—If the Secretary 
substantiates a concern relating to the clinical competency 
of, or quality of care delivered by, a health care professional 
of the Department (including a former health care profes-
sional of the Department), the Secretary shall ensure that 
the appropriate medical center of the Department timely 
notifies the following entities of such concern, as appro-
priate: 
‘‘(1) The appropriate licensing, registration, or 
certification body in each State in which the health 
care professional is licensed, registered, or certified. 
‘‘(2) The Drug Enforcement Administration. 
‘‘(3) The National Practitioner Data Bank estab-
lished pursuant to the Health Care Quality Improve-
ment Act of 1986 (42 U.S.C. 11101 et seq.). 
‘‘(4) Any other relevant entity. 
‘‘(e) PROHIBITION ON CERTAIN SETTLEMENT AGREE-
MENT TERMS.—(1) The Secretary may not enter into a set-
tlement agreement relating to an adverse action against a 
health care professional of the Department if such agree-
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† HR 2617 EAS2 
ment includes terms that require the Secretary to conceal 
from the personnel file of the employee a serious medical 
error or lapse in clinical practice that constitutes a substan-
tial failure to meet generally accepted standards of clinical 
practice as to raise reasonable concern for the safety of pa-
tients. 
‘‘(2) Nothing in paragraph (1) limits— 
‘‘(A) the right of an employee to appeal a qual-
ity of care determination; or 
‘‘(B) the rights of an employee under sections 
1214 and 1221 of title 5. 
‘‘(f) TRAINING.—Not less frequently than annually, the 
Secretary shall provide mandatory training on the fol-
lowing duties to employees of the Department who are re-
sponsible for performing such duties: 
‘‘(1) Compiling, validating, or reviewing the cre-
dentials of health care professionals of the Depart-
ment. 
‘‘(2) Reviewing the quality of clinical care deliv-
ered by health care professionals of the Department. 
‘‘(3) Taking adverse privileging actions or mak-
ing determinations relating to other disciplinary ac-
tions or employment actions against health care pro-
fessionals of the Department for reasons relating to 
the failure of a health care professional to meet gen-
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† HR 2617 EAS2 
erally accepted standards of clinical practice in a 
manner that presents reasonable concern for the safety 
of patients. 
‘‘(4) Making notifications under subsection (d). 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘controlled substance’ has the 
meaning given that term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802). 
‘‘(2) The term ‘covered health care professional’ 
means an individual employed in a position as a 
health care professional of the Department, or a con-
tractor of the Department, that requires the indi-
vidual to be authorized to prescribe, dispense, admin-
ister, or conduct research with, controlled substances. 
‘‘(3) The term ‘Drug Enforcement Administra-
tion registration’ means registration with the Drug 
Enforcement Administration under section 303 of the 
Controlled Substances Act (21 U.S.C. 823) 302 of the 
Controlled Substances Act (21 U.S.C. 822) by health 
care practitioners authorized to dispense, prescribe, 
administer, or conduct research with, controlled sub-
stances. 
‘‘(4) The term ‘health care professional of the De-
partment’ means an individual working for the De-
partment in a position described in section 7401 of
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† HR 2617 EAS2 
this title, including a contractor of the Department 
serving in such a position.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 7413 the following new item: 
‘‘7414. Compliance with requirements for examining qualifications and clinical 
abilities of health care professionals.’’. 
(c) DEADLINE FOR IMPLEMENTATION.—The Secretary 
of Veterans Affairs shall commence the implementation of 
section 7414 of title 38, United States Code, as added by 
subsection (a), by the following dates: 
(1) With respect to subsections (a), (c)(2), (d), 
and (f) of such section, not later than 180 days after 
the date of the enactment of this Act. 
(2) With respect to subsection (c)(1) of such sec-
tion, not later than one year after the date of the en-
actment of this Act. 
(3) With respect to subsection (b)(2) of such sec-
tion, not later than 18 months after the date of the 
enactment of this Act. 
(d) AUDITS AND REPORTS.— 
(1) AUDITS.— 
(A) IN
GENERAL.—The Secretary of Vet-
erans Affairs shall carry out annual audits of 
the compliance of medical centers of the Depart-
ment of Veterans Affairs with the matters re-
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† HR 2617 EAS2 
quired by section 7414 of title 38, United States 
Code, as added by subsection (a). 
(B) CONDUCT OF AUDITS.—In carrying out 
audits under subparagraph (A), the Secretary— 
(i) may not authorize the medical cen-
ter being audited to conduct the audit; and 
(ii) may enter into an agreement with 
another department or agency of the Fed-
eral Government or a nongovernmental en-
tity to conduct such audits. 
(2) REPORTS.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, and 
annually thereafter for five years, the Secretary 
of Veterans Affairs shall submit to the Committee 
on Veterans’ Affairs of the Senate and the Com-
mittee on Veterans’ Affairs of the House of Rep-
resentatives a report on the audits conducted 
under paragraph (1). 
(B) ELEMENTS.—Each report submitted 
under subparagraph (A) shall include a sum-
mary of the compliance by each medical center 
of the Department of Veterans Affairs with the 
matters required by section 7414 of title 38, 
United States Code, as added by subsection (a).
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† HR 2617 EAS2 
(C) INITIAL REPORT.—The Secretary shall 
include in the first report submitted under sub-
paragraph (A) the following: 
(i) A description of the progress made 
by the Secretary in implementing section 
7414 of title 38, United States Code, as 
added by subsection (a), including any mat-
ters under such section that the Secretary 
has not fully implemented. 
(ii) An analysis of the feasibility, ad-
visability, 
and 
cost 
of 
requiring 
credentialing employees of the Department 
to be trained by an outside entity and to 
maintain a credentialing certification. 
(e) REPORT ON UPDATES TO POLICY OF THE DEPART-
MENT OF VETERANS AFFAIRS FOR REPORTING PATIENT 
SAFETY CONCERNS TO APPROPRIATE STATE AND OTHER 
ENTITIES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall submit to the Committee on 
Veterans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives a re-
port on the efforts of the Department of Veterans Af-
fairs to update policies and practices for employees of
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† HR 2617 EAS2 
medical centers of the Department, Veterans Inte-
grated Service Networks, and the Veterans Health Ad-
ministration to report to State licensing boards, the 
National Practitioner Data Bank established pursu-
ant to the Health Care Quality Improvement Act of 
1986 (42 U.S.C. 11101 et seq.), and any other rel-
evant entity health care professionals who are em-
ployed by or separated from employment with the De-
partment and whose behavior and clinical practice so 
substantially failed to meet generally accepted stand-
ards of clinical practice as to raise reasonable concern 
for the safety of patients. 
(2) CONSULTATION.—The report required by 
paragraph (1) shall include a description of the ef-
forts of the Department to consult with— 
(A) State licensing boards; 
(B) the Centers for Medicare & Medicaid 
Services; 
(C) the National Practitioner Data Bank; 
and 
(D) the exclusive representative of employees 
of the Department appointed under section 
7401(1) of title 38, United States Code.
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† HR 2617 EAS2 
Subtitle C—Care From Non-Depart-
ment of Veterans Affairs Pro-
viders 
CHAPTER 1—WAIT TIMES FOR CARE 
SEC. 121. CALCULATION OF WAIT TIME FOR PURPOSES OF 
ELIGIBILITY UNDER VETERANS COMMUNITY 
CARE PROGRAM. 
Section 1703(d) of title 38, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(4) In determining under paragraph (1)(D) whether 
the Department is able to furnish care or services in a man-
ner that complies with designated access standards devel-
oped by the Secretary under section 1703B of this title, for 
purposes of calculating a wait time for a veteran to schedule 
an appointment at a medical facility of the Department, 
the Secretary shall measure from the date of request for the 
appointment, unless a later date has been agreed to by the 
veteran in consultation with a health care provider of the 
Department, to the first next available appointment date 
relevant to the requested medical service.’’. 
SEC. 122. PLAN REGARDING INFORMING VETERANS OF EX-
PECTED WAIT TIMES FOR APPOINTMENTS 
FOR CARE. 
(a) IN GENERAL.—Not later than October 1, 2023, the 
Secretary of Veterans Affairs shall develop a plan to ensure
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that veterans eligible for care or services pursuant to section 
1703(d)(1) of title 38, United States Code, including vet-
erans making their own appointments using advanced tech-
nology, are informed of the expected number of days between 
the date on which the veteran requested care until— 
(1) the date on which the veteran will be able to 
receive care through a non-Department of Veterans 
Affairs provider under such section; 
(2) the date on which the veteran will be able to 
receive care through a provider of the Department; 
(3) the date on which— 
(A) the Department will schedule an ap-
pointment for care through a non-Department 
provider under such section; or 
(B) for veterans making their own appoint-
ments using advanced technology, the veteran 
would be able to schedule an appointment for 
care through a provider of the Department or 
through a non-Department provider under such 
section; 
(4) the date on which the Department will sched-
ule an appointment for care through a provider of the 
Department.
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(b) IMPLEMENTATION.—The Secretary shall imple-
ment the plan required under subsection (a) not later than 
three years after the date of the enactment of this Act. 
(c) MATTERS TO BE INCLUDED.—The Secretary shall 
include in the plan required under subsection (a) a list of 
the information technology systems, contracting mecha-
nisms, staff, legislative authorities, pilot programs, and 
other components that the Secretary determines necessary 
to implement the plan within the three-year implementa-
tion deadline under subsection (b), as well as their associ-
ated milestones and resource requirements. 
(d) UPDATES.—Not less frequently than quarterly, the 
Secretary shall brief the Committee on Veterans’ Affairs of 
the Senate and the Committee on Veterans’ Affairs of the 
House of Representatives and submit to those committees 
a report in writing regarding the status of the implementa-
tion of the plan required under subsection (a), to include 
an assessment of the progress of the Secretary in meeting 
the three-year implementation deadline under subsection 
(b).
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CHAPTER 2—IMPROVEMENT OF 
PROVISION OF CARE 
SEC. 125. MODIFICATIONS TO ACCESS STANDARDS FOR 
CARE 
FURNISHED 
THROUGH 
COMMUNITY 
CARE PROGRAM OF DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) ACCESS STANDARDS.—Section 1703B of title 38, 
United States Code, is amended— 
(1) by striking subsections (f) and (g) and in-
serting the following: 
‘‘(f)(1) Subject to paragraph (3), the Secretary shall 
meet the access standards established under subsection (a) 
when furnishing hospital care, medical services, or extended 
care services to a covered veteran under section 1703 of this 
title and shall ensure that meeting such access standards 
is reflected in the contractual requirements of Third Party 
Administrators. 
‘‘(2) The Secretary shall ensure that health care pro-
viders specified under section 1703(c) of this title are able 
to comply with the access standards established under sub-
section (a) for such providers. 
‘‘(3)(A) A Third Party Administrator may request a 
waiver to the requirement under this subsection to meet the 
access standards established under subsection (a) if—
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‘‘(i)(I) the scarcity of available providers or fa-
cilities in the region precludes the Third Party Ad-
ministrator from meeting those access standards; or 
‘‘(II) the landscape of providers or facilities has 
changed, and certain providers or facilities are not 
available such that the Third Party Administrator is 
not able to meet those access standards; and 
‘‘(ii) to address the scarcity of available pro-
viders or the change in the provider or facility land-
scape, as the case may be, the Third Party Adminis-
trator has contracted with other providers or facilities 
that may not meet those access standards but are the 
currently available providers or facilities most acces-
sible to veterans within the region of responsibility of 
the Third Party Administrator. 
‘‘(B) Any waiver requested by a Third Party Adminis-
trator under subparagraph (A) must be requested in writ-
ing and submitted to the Office of Integrated Veteran Care 
of the Department for approval by that office. 
‘‘(C) As part of any waiver request under subpara-
graph (A), a Third Party Administrator must include con-
clusive evidence and documentation that the access stand-
ards established under subsection (a) cannot be met because 
of scarcity of available providers or changes to the land-
scape of providers or facilities.
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‘‘(D) In evaluating a waiver request under subpara-
graph (A), the Secretary shall consider the following: 
‘‘(i) The number and geographic distribution of 
eligible health care providers available within the geo-
graphic area and specialty referenced in the waiver 
request. 
‘‘(ii) The prevailing market conditions within 
the geographic area and specialty referenced in the 
waiver request, which shall include the number and 
distribution of health care providers contracting with 
other health care plans (including commercial plans 
and the Medicare program under title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.)) oper-
ating in the geographic area and specialty referenced 
in the waiver request. 
‘‘(iii) Whether the service area is comprised of 
highly rural, rural, or urban areas or some combina-
tion of such areas. 
‘‘(iv) How significantly the waiver request dif-
fers from the access standards established under sub-
section (a). 
‘‘(v) The rates offered to providers in the geo-
graphic area covered by the waiver.
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‘‘(E) The Secretary shall not consider inability to con-
tract as a valid sole rationale for granting a waiver under 
subparagraph (A). 
‘‘(g)(1) The Secretary shall publish in the Federal Reg-
ister and on a publicly available internet website of the De-
partment the designated access standards established under 
this section for purposes of section 1703(d)(1)(D) of this 
title. 
‘‘(2) The Secretary shall publish on a publicly avail-
able internet website of the Department the access standards 
established under subsection (a).’’; and 
(2) in subsection (i), by adding at the end the 
following new paragraphs: 
‘‘(3) The term ‘inability to contract’, with re-
spect to a Third Party Administrator, means the in-
ability of the Third Party Administrator to success-
fully negotiate and establish a community care net-
work contract with a provider or facility. 
‘‘(4) The term ‘Third Party Administrator’ 
means an entity that manages a provider network 
and performs administrative services related to such 
network within the Veterans Community Care Pro-
gram under section 1703 of this title.’’.
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(b) PREVENTION OF SUSPENSION OF VETERANS COM-
MUNITY CARE PROGRAM.—Section 1703(a) of such title is 
amended by adding at the end the following new paragraph: 
‘‘(4) Nothing in this section shall be construed to au-
thorize the Secretary to suspend the program established 
under paragraph (1).’’. 
SEC. 126. STRATEGIC PLAN TO ENSURE CONTINUITY OF 
CARE IN THE CASE OF THE REALIGNMENT OF 
A MEDICAL FACILITY OF THE DEPARTMENT. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the Veterans Health Administration should ensure that 
veterans do not experience a lapse of care when 
transitioning in receiving care due to the realignment of 
a medical facility of the Department of Veterans Affairs. 
(b) DEVELOPMENT OF STRATEGIC PLAN.— 
(1) IN GENERAL.—The Secretary of Veterans Af-
fairs, acting through the Office of Integrated Veteran 
Care, the Chief Strategy Office, the Office of Asset En-
terprise Management, or any successor office that has 
similar and related functions, shall develop and peri-
odically update a strategic plan to ensure continuity 
of health care through care furnished at a facility of 
the Department or through the Community Care Pro-
gram for veterans impacted by the realignment of a 
medical facility of the Department.
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(2) ELEMENTS.—The strategic plan required 
under paragraph (1) shall include, at a minimum, 
the following: 
(A) An assessment of the progress of the De-
partment in identifying impending realignments 
of medical facilities of the Department and the 
impact of such realignments on access of veterans 
to care, including any impact on the network of 
health care providers under the Community Care 
Program. 
(B) The progress of the Department in es-
tablishing operated sites of care and related ac-
tivities to address the impact of such a realign-
ment. 
(C) An outline of collaborative actions and 
processes the Department can take to address po-
tential gaps in health care created by such a re-
alignment, including actions and processes to be 
taken by the Office of Integrated Veteran Care, 
the Chief Strategy Office, and the Office of Asset 
Enterprise Management of the Department. 
(D) A description of how the Department 
can identify to Third Party Administrators 
changes in the catchment areas of medical facili-
ties to be realigned and develop a process with
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Third Party Administrators to strengthen pro-
vider coverage in advance of such realignments. 
(3) SUBMITTAL TO CONGRESS.—Not later than 
180 days after the date of the enactment of this Act, 
the Under Secretary for Health of the Department 
shall submit to the Committee on Veterans’ Affairs of 
the Senate and the Committee on Veterans’ Affairs of 
the House of Representatives the plan developed under 
paragraph (1). 
(c) DEFINITIONS.—In this section: 
(1) COMMUNITY
CARE
PROGRAM.—The term 
‘‘Community Care Program’’ means the Veterans 
Community Care Program under section 1703 of title 
38, United States Code. 
(2) REALIGNMENT.—The term ‘‘realignment’’, 
with respect to a facility of the Department of Vet-
erans Affairs, includes— 
(A) any action that changes the number of 
facilities or relocates services, functions, or per-
sonnel positions; and 
(B) strategic collaborations between the De-
partment and non-Federal Government entities, 
including tribal organizations and Urban In-
dian Organizations.
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(3) THIRD
PARTY
ADMINISTRATOR.—The term 
‘‘Third Party Administrator’’ means an entity that 
manages a provider network and performs adminis-
trative services related to such network within the 
Veterans Community Care Program under section 
1703 of title 38, United States Code. 
(4) TRIBAL
ORGANIZATION.—The term ‘‘tribal 
organization’’ has the meaning given that term in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(5) URBAN
INDIAN
ORGANIZATION.—The term 
‘‘Urban Indian Organization’’ has the meaning given 
that term in section 4 of the Indian Health Care Im-
provement Act (25 U.S.C. 1603). 
CHAPTER 3—COMMUNITY CARE SELF- 
SCHEDULING PILOT PROGRAM 
SEC. 131. DEFINITIONS. 
In this chapter: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Veterans’ Affairs and 
the Committee on Appropriations of the Senate; 
and
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(B) the Committee on Veterans’ Affairs and 
the Committee on Appropriations of the House of 
Representatives. 
(2) COVERED VETERAN.—The term ‘‘covered vet-
eran’’ means a covered veteran under section 1703(b) 
of title 38, United States Code. 
(3) PILOT PROGRAM.—The term ‘‘pilot program’’ 
means the pilot program required under section 
132(a). 
(4) VETERANS COMMUNITY CARE PROGRAM.—The 
term ‘‘Veterans Community Care Program’’ means 
the program to furnish hospital care, medical services, 
and extended care services to covered veterans under 
section 1703 of title 38, United States Code. 
SEC. 132. PILOT PROGRAM ESTABLISHING COMMUNITY 
CARE 
APPOINTMENT 
SELF-SCHEDULING 
TECHNOLOGY. 
(a) PILOT PROGRAM.—Not later than one year after 
the date of the enactment of this Act, the Secretary of Vet-
erans Affairs shall commence a pilot program under which 
covered veterans eligible for hospital care, medical services, 
or extended care services under subsection (d)(1) of section 
1703 of title 38, United States Code, may use a technology 
that has the capabilities specified in section 133(a) to sched-
ule and confirm medical appointments with health care
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† HR 2617 EAS2 
providers participating in the Veterans Community Care 
Program. 
(b) EXPANSION OR DEVELOPMENT OF NEW TECH-
NOLOGY.—In carrying out the pilot program, the Secretary 
may expand capabilities of an existing appointment self- 
scheduling technology of the Department of Veterans Affairs 
or purchase a new appointment self-scheduling technology. 
(c) COMPETITION.—In contracting for the expansion 
of capabilities of an existing appointment self-scheduling 
technology of the Department or the purchase of a new ap-
pointment self-scheduling technology under the pilot pro-
gram, the Secretary shall comply with section 3301 of title 
41, United States Code, and award any such contract not 
later than 270 days after the date of the enactment of this 
Act. 
(d) SELECTION OF LOCATIONS.—The Secretary shall 
select not fewer than two Veterans Integrated Services Net-
works of the Department in which to carry out the pilot 
program. 
(e) DURATION OF PILOT PROGRAM.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall carry out the pilot pro-
gram for an 18-month period. 
(2) EXTENSION.—The Secretary may extend the 
duration of the pilot program and may expand the
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selection of Veterans Integrated Services Networks 
under subsection (d) if the Secretary determines that 
the pilot program is reducing the wait times of vet-
erans seeking hospital care, medical services, or ex-
tended care services under the Veterans Community 
Care Program. 
(f) OUTREACH.—The Secretary shall ensure that vet-
erans participating in the Veterans Community Care Pro-
gram in Veterans Integrated Services Networks in which 
the pilot program is being carried out are informed about 
the pilot program. 
SEC. 133. APPOINTMENT SELF-SCHEDULING CAPABILITIES. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall ensure that the appointment self-scheduling technology 
used in the pilot program includes the following capabili-
ties: 
(1) Capability to self-schedule, modify, and can-
cel appointments directly online for primary care, 
specialty care, and mental health care under the Vet-
erans Community Care Program with regard to each 
category of eligibility under section 1703(d)(1) of title 
38, United States Code. 
(2) Capability to support appointments for the 
provision of health care under the Veterans Commu-
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† HR 2617 EAS2 
nity Care Program regardless of whether such care is 
provided in person or through telehealth services. 
(3) Not fewer than two of the following capabili-
ties: 
(A) Capability to view appointment avail-
ability in real time to the extent practicable. 
(B) Capability to load relevant patient in-
formation from the Decision Support Tool of the 
Department or any other information technology 
system of the Department used to determine the 
eligibility of veterans for health care under sec-
tion 1703(d)(1) of title 38, United States Code. 
(C) Capability to search for providers and 
facilities participating in the Veterans Commu-
nity Care Program based on distance from the 
residential address of a veteran. 
(D) Capability to filter provider results by 
clinical expertise, ratings, reviews, sex, languages 
spoken, and other criteria as determined by the 
Secretary. 
(E) Capability to provide telephonic and 
electronic contact information for all such pro-
viders that do not offer online scheduling at the 
time.
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(F) Capability to store and print authoriza-
tion letters for veterans for health care under the 
Veterans Community Care Program. 
(G) Capability to provide prompts or re-
minders to veterans to schedule initial appoint-
ments or follow-up appointments. 
(H) Capability to be used 24 hours per day, 
seven days per week. 
(I) Capability to ensure veterans who self- 
schedule appointments through the appointment 
self-scheduling technology have scheduled such 
appointment with a provider possessing the re-
quired specialty and clinical expertise. 
(J) Capability to integrate with the Vet-
erans Health Information Systems and Tech-
nology Architecture of the Department and the 
health record deployed by the Electronic Health 
Record Modernization program, or any successor 
information technology system or health record 
of the Department. 
(K) Capability to integrate with informa-
tion technology systems of Third Party Adminis-
trators. 
(b) INDEPENDENT VALIDATION AND VERIFICATION.—
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(1) IN GENERAL.—The Comptroller General of 
the United States shall evaluate whether the appoint-
ment self-scheduling technology used in the pilot pro-
gram includes the capabilities required under sub-
section (a) and successfully performs such capabili-
ties. 
(2) BRIEFING.—Not later than 30 days after the 
date on which the Comptroller General completes the 
evaluation under paragraph (1), the Comptroller 
General shall brief the appropriate congressional com-
mittees on such evaluation. 
(c) CERTIFICATION.—Not later than 18 months after 
commencement of the pilot program, the Secretary shall cer-
tify to the Committee on Veterans’ Affairs of the Senate and 
the Committee on Veterans’ Affairs of the House of Rep-
resentatives whether the appointment self-scheduling tech-
nology used in the pilot program and any other patient 
self-scheduling technology developed or used by the Depart-
ment of Veterans Affairs to schedule appointments under 
the Veterans Community Care Program as of the date of 
the certification includes the capabilities required under 
subsection (a). 
(d) THIRD PARTY ADMINISTRATOR DEFINED.—In this 
section, the term ‘‘Third Party Administrator’’ means an 
entity that manages a provider network and performs ad-
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† HR 2617 EAS2 
ministrative services related to such network within the Vet-
erans Community Care Program under section 1703 of title 
38, United States Code. 
SEC. 134. REPORT. 
Not later than 180 days after the date of the enactment 
of this Act, and every 180 days thereafter, the Secretary 
of Veterans Affairs shall submit to the appropriate congres-
sional committees a report that includes— 
(1) an assessment by the Secretary of the pilot 
program during the 180-day period preceding the 
date of the report, including— 
(A) the cost of the pilot program; 
(B) the volume of usage of the appointment 
self-scheduling technology under the pilot pro-
gram; 
(C) the quality of the pilot program; 
(D) patient satisfaction with the pilot pro-
gram; 
(E) benefits to veterans of using the pilot 
program; 
(F) the feasibility of allowing self-scheduling 
for different specialties under the pilot program; 
(G) participation in the pilot program by 
health care providers under the Veterans Com-
munity Care Program; and
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(H) such other findings and conclusions 
with respect to the pilot program as the Sec-
retary considers appropriate; and 
(2) such recommendations as the Secretary con-
siders appropriate regarding— 
(A) extension of the pilot program to other 
or all Veterans Integrated Service Networks of 
the Department of Veterans Affairs; and 
(B) making the pilot program permanent. 
CHAPTER 4—ADMINISTRATION OF NON- 
DEPARTMENT CARE 
SEC. 141. CREDENTIALING VERIFICATION REQUIREMENTS 
FOR PROVIDERS OF NON-DEPARTMENT OF 
VETERANS AFFAIRS HEALTH CARE SERVICES. 
(a) CREDENTIALING VERIFICATION REQUIREMENTS.— 
(1) IN GENERAL.—Subchapter I of chapter 17 of 
title 38, United States Code, is amended by inserting 
after section 1703E the following new section: 
‘‘§ 1703F. Credentialing verification requirements for 
providers of non-Department health care 
services 
‘‘(a) IN GENERAL.—The Secretary shall ensure that 
Third Party Administrators and credentials verification or-
ganizations comply with the requirements specified in sub-
section (b) to help ensure certain health care providers are
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† HR 2617 EAS2 
excluded from providing non-Department health care serv-
ices. 
‘‘(b) REQUIREMENTS SPECIFIED.—The Secretary shall 
require Third Party Administrators and credentials 
verification organizations to carry out the following: 
‘‘(1) Hold and maintain an active credential 
verification accreditation from a national health care 
accreditation body. 
‘‘(2) Conduct initial verification of provider his-
tory and license sanctions for all States and United 
States territories for a period of time— 
‘‘(A) that includes the period before the pro-
vider began providing non-Department health 
care services; and 
‘‘(B) dating back not less than 10 years. 
‘‘(3) Not less frequently than every three years, 
perform recredentialing, including verifying provider 
history and license sanctions for all States and 
United States territories. 
‘‘(4) Implement continuous monitoring of each 
provider through the National Practitioner Data 
Bank established pursuant to the Health Care Quality 
Improvement Act of 1986 (42 U.S.C. 11101 et seq.). 
‘‘(5) Perform other forms of credentialing 
verification as the Secretary considers appropriate.
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‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘credentials verification organiza-
tion’ means an entity that manages the provider 
credentialing process and performs credentialing 
verification for non-Department providers that par-
ticipate in the Veterans Community Care Program 
under section 1703 of this title through a Veterans 
Care Agreement. 
‘‘(2) The term ‘Third Party Administrator’ 
means an entity that manages a provider network 
and performs administrative services related to such 
network within the Veterans Community Care Pro-
gram under section 1703 of this title. 
‘‘(3) The term ‘Veterans Care Agreement’ means 
an agreement for non-Department health care services 
entered into under section 1703A of this title. 
‘‘(4) The term ‘non-Department health care serv-
ices’ means services— 
‘‘(A) provided under this subchapter at non- 
Department facilities (as defined in section 1701 
of this title); 
‘‘(B) provided under section 101 of the Vet-
erans Access, Choice, and Accountability Act of 
2014 (Public Law 113–146; 38 U.S.C. 1701 
note);
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† HR 2617 EAS2 
‘‘(C) purchased through the Medical Com-
munity Care account of the Department; or 
‘‘(D) purchased with amounts deposited in 
the Veterans Choice Fund under section 802 of 
the Veterans Access, Choice, and Accountability 
Act of 2014 (Public Law 113–146; 38 U.S.C. 
1701 note).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amended 
by inserting after the item relating to section 1703E 
the following new item: 
‘‘1703F. Credentialing verification requirements for providers of non-Department 
health care services.’’. 
(b) DEADLINE FOR IMPLEMENTATION.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall commence the implemen-
tation of section 1703F of title 38, United States Code, as 
added by subsection (a)(1). 
SEC. 142. CLAIMS FOR PAYMENT FROM DEPARTMENT OF 
VETERANS AFFAIRS FOR EMERGENCY TREAT-
MENT FURNISHED TO VETERANS. 
(a) TREATMENT FOR NON-SERVICE-CONNECTED DIS-
ABILITIES.— 
(1) IN
GENERAL.—Section 1725 of title 38, 
United States Code, is amended—
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† HR 2617 EAS2 
(A) by redesignating subsection (f) as sub-
section (h); and 
(B) by inserting after subsection (e) the fol-
lowing new subsections (f) and (g): 
‘‘(f) SUBMITTAL OF CLAIMS FOR DIRECT PAYMENT.— 
An individual or entity seeking payment under subsection 
(a)(2) for treatment provided to a veteran in lieu of reim-
bursement to the veteran shall submit a claim for such pay-
ment not later than 180 days after the latest date on which 
such treatment was provided. 
‘‘(g) HOLD HARMLESS.—No veteran described in sub-
section (b) may be held liable for payment for emergency 
treatment described in such subsection if— 
‘‘(1) a claim for direct payment was submitted 
by an individual or entity under subsection (f); and 
‘‘(2) such claim was submitted after the deadline 
established by such subsection due to— 
‘‘(A) an administrative error made by the 
individual or entity, such as submission of the 
claim to the wrong Federal agency, under the 
wrong reimbursement authority (such as section 
1728 of this title), or submission of the claim 
after the deadline; or
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† HR 2617 EAS2 
‘‘(B) an administrative error made by the 
Department, such as misplacement of a paper 
claim or deletion of an electronic claim.’’. 
(b) TREATMENT FOR AND IN CONNECTION WITH SERV-
ICE-CONNECTED DISABILITIES.—Section 1728 of such title 
is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) No veteran described in subsection (a) may be held 
liable for payment for emergency treatment described in 
such subsection if— 
‘‘(1) a claim for direct payment was submitted 
by an individual or entity under subsection (b)(2); 
and 
‘‘(2) such claim was submitted after a deadline 
established by the Secretary for purposes of this sec-
tion due to— 
‘‘(A) an administrative error made by the 
individual or entity, such as submission of the 
claim to the wrong Federal agency or submission 
of the claim after the deadline; or
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† HR 2617 EAS2 
‘‘(B) an administrative error made by the 
Department, such as misplacement of a paper 
claim or deletion of an electronic claim.’’. 
(c) CONFORMING AMENDMENTS.—Such title is amend-
ed— 
(1) in section 1705A(d), by striking ‘‘section 
1725(f)’’ and inserting ‘‘section 1725(h)’’; 
(2) in section 1725(b)(3)(B), by striking ‘‘sub-
section (f)(2)(B) or (f)(2)(C)’’ and inserting ‘‘sub-
section (h)(2)(B) or (h)(2)(C)’’; 
(3) in section 1728(d), as redesignated by sub-
section (b)(4), by striking ‘‘section 1725(f)(1)’’ and 
inserting ‘‘section 1725(h)(1)’’; 
(4) in section 1781(a)(4), by striking ‘‘section 
1725(f)’’ and inserting ‘‘section 1725(h)’’; and 
(5) in section 1787(b)(3), by striking ‘‘section 
1725(f)’’ and inserting ‘‘section 1725(h)’’. 
SEC. 143. PUBLICATION OF CLARIFYING INFORMATION FOR 
NON-DEPARTMENT OF VETERANS AFFAIRS 
PROVIDERS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall publish on one or more publicly available internet 
websites of the Department of Veterans Affairs, including 
the main internet website regarding emergency care author-
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ization for non-Department providers, the following infor-
mation: 
(1) A summary table or similar resource that 
provides a list of all authorities of the Department to 
authorize emergency care from non-Department pro-
viders and, for each such authority, the corresponding 
deadline for submission of claims. 
(2) An illustrated summary of steps, such as a 
process map, with a checklist for the submission of 
clean claims that non-Department providers can fol-
low to assure compliance with the claims-filing proc-
ess of the Department. 
(3) Contact information for the appropriate of-
fice or service line of the Department to address proc-
ess questions from non-Department providers. 
(b) PERIODIC REVIEW.—Not less frequently than once 
every 180 days, the Secretary shall review the information 
published under subsection (a) to ensure that such informa-
tion is current. 
(c) CLEAN CLAIMS DEFINED.—In this section, the 
term ‘‘clean claims’’ means clean electronic claims and 
clean paper claims (as those terms are defined in section 
1703D(i) of title 38, United States Code).
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SEC. 144. INAPPLICABILITY OF CERTAIN PROVIDERS TO 
PROVIDE NON-DEPARTMENT OF VETERANS 
AFFAIRS CARE. 
Section 108 of the VA MISSION Act of 2018 (Public 
Law 115–182; 38 U.S.C. 1701 note) is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) APPLICATION.—The requirement to deny or re-
voke the eligibility of a health care provider to provide non- 
Department health care services to veterans under sub-
section (a) shall apply to any removal under paragraph 
(1) of such subsection or violation under paragraph (2) of 
such subsection that occurred on or after a date determined 
by the Secretary that is not less than five years before the 
date of the enactment of this Act.’’. 
Subtitle D—Improvement of Rural 
Health and Telehealth 
SEC. 151. ESTABLISHMENT OF STRATEGIC PLAN REQUIRE-
MENT FOR OFFICE OF CONNECTED CARE OF 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The COVID–19 pandemic caused the Depart-
ment of Veterans Affairs to exponentially increase 
telehealth and virtual care modalities, including VA
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† HR 2617 EAS2 
Video Connect, to deliver health care services to vet-
eran patients. 
(2) Between January 2020 and January 2021, 
the number of telehealth appointments offered by the 
Department increased by 1,831 percent. 
(3) The Department maintains strategic partner-
ships, such as the Digital Divide Consult, with a goal 
of ensuring veterans who reside in rural, highly rural, 
or medically underserved areas have access to high- 
quality telehealth services offered by the Department. 
(4) As of 2019, veterans who reside in rural and 
highly rural areas make up approximately 1⁄3 of vet-
eran enrollees in the patient enrollment system, and 
are on average, older than their veteran peers in 
urban areas, experience higher degrees of financial in-
stability, and live with a greater number of complex 
health needs and comorbidities. 
(5) The Federal Communications Commission 
estimated in 2020 that 15 percent of veteran house-
holds do not have an internet connection. 
(6) Under the Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136), Congress 
granted the Department additional authority to enter 
into short-term agreements or contracts with private 
sector telecommunications companies to provide cer-
2402 
† HR 2617 EAS2 
tain broadband services for the purposes of providing 
expanded mental health services to isolated veterans 
through telehealth or VA Video Connect during a pub-
lic health emergency. 
(7) The authority described in paragraph (6) 
was not utilized to the fullest extent by the Depart-
ment. 
(8) Though the Department has made significant 
progress in expanding telehealth services offered to 
veterans who are enrolled in the patient enrollment 
system, significant gaps still exist to ensure all vet-
erans receive equal and high-quality access to virtual 
care. 
(9) Questions regarding the efficacy of using tele-
health for certain health care services and specialties 
remain, and should be further studied. 
(10) The Department continues to expand tele-
health and virtual care offerings for primary care, 
mental health care, specialty care, urgent care, and 
even remote intensive care units. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the telehealth services offered by the Department of Vet-
erans Affairs should be routinely measured and evaluated 
to ensure the telehealth technologies and modalities delivered 
to veteran patients to treat a wide variety of health condi-
2403 
† HR 2617 EAS2 
tions are as effective as in-person treatment for primary 
care, mental health care, and other forms of specialty care. 
(c) DEVELOPMENT OF STRATEGIC PLAN.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Veterans Affairs, acting through the Office of Con-
nected Care of the Department of Veterans Affairs, 
shall develop a strategic plan to ensure the effective-
ness of the telehealth technologies and modalities de-
livered by the Department to veterans who are en-
rolled in the patient enrollment system. 
(2) UPDATE.— 
(A) IN GENERAL.—The Secretary shall up-
date the strategic plan required under paragraph 
(1) not less frequently than once every three 
years following development of the plan. 
(B) CONSULTATION.—The Secretary shall 
prepare any update required under subpara-
graph (A) in consultation with the following: 
(i) The Chief Officer of the Office of 
Connected Care of the Department. 
(ii) The Executive Director of Tele-
health Services of the Office of Connected 
Care.
2404 
† HR 2617 EAS2 
(iii) The Executive Director of Con-
nected Health of the Office of Connected 
Care. 
(iv) The Executive Director of the Of-
fice of Rural Health of the Department. 
(v) The Executive Director of Solution 
Delivery, IT Operations and Services of the 
Office of Information and Technology of the 
Department. 
(3) ELEMENTS.—The strategic plan required 
under paragraph (1), and any update to that plan 
under paragraph (2), shall include, at a minimum, 
the following: 
(A) A comprehensive list of all health care 
specialties the Department is currently deliv-
ering by telehealth or virtual care. 
(B) An assessment of the effectiveness and 
patient outcomes for each type of health care spe-
cialty delivered by telehealth or virtual care by 
the Department. 
(C) An assessment of satisfaction of veterans 
in receiving care through telehealth or virtual 
care disaggregated by age group and by Veterans 
Integrated Service Network.
2405 
† HR 2617 EAS2 
(D) An assessment of the percentage of vir-
tual visits delivered by the Department through 
each modality including standard telephone tele-
health, VA Video Connect, and the Accessing 
Telehealth through Local Area Stations program 
of the Department. 
(E) An outline of all current partnerships 
maintained by the Department to bolster tele-
health or virtual care services for veterans. 
(F) An assessment of the barriers faced by 
the Department in delivering telehealth or vir-
tual care services to veterans residing in rural 
and highly rural areas, and the strategies the 
Department is deploying beyond purchasing 
hardware for veterans who are enrolled in the 
patient enrollment system. 
(G) A detailed plan illustrating how the De-
partment is working with other Federal agencies, 
including the Department of Health and Human 
Services, the Department of Agriculture, the Fed-
eral Communications Commission, and the Na-
tional Telecommunications and Information Ad-
ministration, to enhance connectivity in rural, 
highly rural, and medically underserved areas to 
better reach all veterans.
2406 
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(H) The feasibility and advisability of 
partnering with Federally qualified health cen-
ters, rural health clinics, and critical access hos-
pitals to fill the gap for health care services that 
exists for veterans who reside in rural and high-
ly rural areas. 
(I) An evaluation of the number of veterans 
who are enrolled in the patient enrollment sys-
tem who have previously received care under the 
Veterans Community Care Program under sec-
tion 1703 of title 38, United States Code. 
(d) SUBMITTAL TO CONGRESS.—Not later than 180 
days after the development of the strategic plan under para-
graph (1) of subsection (c), and not later than 180 days 
after each update under paragraph (2) of such subsection 
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 report that 
includes the following: 
(1) The completed strategic plan or update, as 
the case may be. 
(2) An identification of areas of improvement by 
the Department in the delivery of telehealth and vir-
tual care services to veterans who are enrolled in the
2407 
† HR 2617 EAS2 
patient enrollment system, with a timeline for im-
provements to be implemented. 
(e) DEFINITIONS.— 
(1) PATIENT ENROLLMENT SYSTEM.—The term 
‘‘patient enrollment system’’ means the system of an-
nual patient enrollment of the Department of Vet-
erans Affairs established and operated under section 
1705(a) of title 38, United States Code. 
(2) RURAL; HIGHLY RURAL.—The terms ‘‘rural’’ 
and ‘‘highly rural’’ have the meanings given those 
terms in the Rural-Urban Commuting Areas coding 
system of the Department of Agriculture. 
(3) VA VIDEO CONNECT.—The term ‘‘VA Video 
Connect’’ means the program of the Department of 
Veterans Affairs to connect veterans with their health 
care team from anywhere, using encryption to ensure 
a secure and private connection. 
SEC. 152. COMPTROLLER GENERAL REPORT ON TRANSPOR-
TATION SERVICES BY THIRD PARTIES FOR 
RURAL VETERANS. 
(a) REPORT REQUIRED.—Not later than 540 days 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the Committee 
on Veterans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives a report
2408 
† HR 2617 EAS2 
on the program the establishment of which was facilitated 
under section 111A(b) of title 38, United States Code. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include the following: 
(1) A description of the program described in 
such subsection, including descriptions of the fol-
lowing: 
(A) The purpose of the program. 
(B) The activities carried out under the 
program. 
(2) An assessment of the sufficiency of the pro-
gram with respect to the purpose of the program. 
(3) An assessment of the cost effectiveness of the 
program in comparison to alternatives. 
(4) An assessment of the health benefits for vet-
erans who have participated in the program. 
(5) An assessment of the sufficiency of staffing of 
employees of the Department of Veterans Affairs who 
are responsible for facilitating the maintenance of the 
program. 
(6) An assessment, with respect to the purpose of 
the program, of the number of vehicles owned by and 
operating in conjunction with the program. 
(7) An assessment of the awareness and usage of 
the program by veterans and their families.
2409 
† HR 2617 EAS2 
(8) An assessment of other options for transpor-
tation under the program, such as local taxi compa-
nies and ridesharing programs such as Uber and 
Lyft. 
SEC. 153. COMPTROLLER GENERAL REPORT ON TELE-
HEALTH SERVICES OF THE DEPARTMENT OF 
VETERANS AFFAIRS. 
(a) IN GENERAL.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on Vet-
erans’ Affairs of the Senate and the Committee on Veterans’ 
Affairs of the House of Representatives a report on tele-
health services provided by the Department of Veterans Af-
fairs. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include an assessment of the following: 
(1) The telehealth and virtual health care pro-
grams of the Department of Veterans Affairs, includ-
ing VA Video Connect. 
(2) The challenges faced by the Department in 
delivering telehealth and virtual health care to vet-
erans who reside in rural and highly rural areas due 
to lack of connectivity in many rural areas.
2410 
† HR 2617 EAS2 
(3) Any mitigation strategies used by the De-
partment to overcome connectivity barriers for vet-
erans who reside in rural and highly rural areas. 
(4) The partnerships entered into by the Office 
of Connected Care of the Department in an effort to 
bolster telehealth services. 
(5) The extent to which the Department has ex-
amined the effectiveness of health care services pro-
vided to veterans through telehealth in comparison to 
in-person treatment. 
(6) Satisfaction of veterans with respect to the 
telehealth services provided by the Department. 
(7) The use by the Department of telehealth ap-
pointments in comparison to referrals to care under 
the Veterans Community Care Program under section 
1703 of title 38, United States Code. 
(8) Such other areas as the Comptroller General 
considers appropriate. 
Subtitle E—Care for Aging 
Veterans 
SEC. 161. STRATEGY FOR LONG-TERM CARE FOR AGING 
VETERANS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall develop a strategy for the long-term care of veterans.
2411 
† HR 2617 EAS2 
(b) ELEMENTS.—The strategy developed under sub-
section (a) shall— 
(1) identify current and future needs for the 
long-term care of veterans based on demographic data 
and availability of services both from the Department 
of Veterans Affairs and from non-Department pro-
viders in the community, include other Federal Gov-
ernment, non-Federal Government, nonprofit, for 
profit, and other entities; 
(2) identify the current and future needs of vet-
erans for both institutional and non-institutional 
long-term care (for example, home-based and commu-
nity-based services), taking into account the needs of 
growing veteran population groups, including women 
veterans, veterans with traumatic brain injury, vet-
erans with memory loss, and other population groups 
with unique needs; and 
(3) address new and different care delivery mod-
els, including by— 
(A) assessing the implications of such mod-
els for the design of facilities and how those fa-
cilities may need to change; 
(B) examining the workforce needed to sup-
port aging populations of veterans as they grow
2412 
† HR 2617 EAS2 
and receive long-term care through different 
trends of care delivery; and 
(C) considering the feasibility and advis-
ability of implementing a veteran-focused inde-
pendent provider model for non-institutional 
care. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to 
Congress a report on the strategy developed under sub-
section (a). 
SEC. 162. IMPROVEMENT OF STATE VETERANS HOMES. 
(a) STANDARDIZED
SHARING
AGREEMENTS.—The 
Secretary of Veterans Affairs shall develop a standardized 
process throughout the Department of Veterans Affairs for 
entering into sharing agreements between State homes and 
medical centers of the Department. 
(b) PROVISION
OF MEDICATION
TO CATASTROPH-
ICALLY DISABLED VETERANS.—Section 1745(b) of title 38, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(3) Any veteran who has been determined by 
the Secretary to be catastrophically disabled, as de-
fined in section 17.36(e) of title 38, Code of Federal 
Regulations, or successor regulations, and on whose 
behalf the Secretary is paying a per diem for nursing
2413 
† HR 2617 EAS2 
home or domiciliary care in a State home under this 
chapter.’’. 
(c) OVERSIGHT OF INSPECTIONS.— 
(1) MONITORING.—The Secretary shall monitor 
any contractor used by the Department to conduct in-
spections of State homes, including by reviewing the 
inspections conducted by each such contractor for 
quality not less frequently than quarterly. 
(2) REPORTING
OF
DEFICIENCIES.—The Sec-
retary shall require that any deficiencies of a State 
home noted during the inspection of the State home 
be reported to the Secretary. 
(3) TRANSPARENCY.—The Secretary shall pub-
lish the results of any inspection of a State home, and 
any associated corrective actions planned by the State 
home, on a publicly available internet website of the 
Department. 
(d) 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. 163. GERIATRIC PSYCHIATRY PILOT PROGRAM AT 
STATE VETERANS HOMES. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Veterans 
Affairs shall commence the conduct of a pilot program
2414 
† HR 2617 EAS2 
under which the Secretary shall provide geriatric psychi-
atry assistance to eligible veterans at State homes. 
(b) DURATION.—The Secretary shall carry out the 
pilot program under this section for a two-year period. 
(c) TYPE OF ASSISTANCE.—Assistance provided under 
the pilot program under this section may include— 
(1) direct provision of geriatric psychiatry serv-
ices, including health care if feasible; 
(2) payments to non-Department of Veterans Af-
fairs providers in the community to provide such 
services; 
(3) collaboration with other Federal agencies to 
provide such services; or 
(4) such other forms of assistance as the Sec-
retary considers appropriate. 
(d) CONSIDERATION OF LOCAL AREA NEEDS.—In pro-
viding assistance under the pilot program under this sec-
tion, the Secretary shall consider the geriatric psychiatry 
needs of the local area, including by considering— 
(1) State homes with a high proportion of resi-
dents with unmet mental health needs; 
(2) State homes located in mental health care 
health professional shortage areas designated under 
section 332 of the Public Health Service Act (42 
U.S.C. 254e); or
2415 
† HR 2617 EAS2 
(3) State homes located in rural or highly rural 
areas. 
(e) DEFINITIONS.—In this section, the terms ‘‘State 
home’’ and ‘‘veteran’’ have the meanings given those terms 
in section 101 of title 38, United States Code. 
SEC. 164. SUPPORT FOR AGING VETERANS AT RISK OF OR 
EXPERIENCING HOMELESSNESS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall work with public housing authorities and local organi-
zations to assist aging homeless veterans in accessing exist-
ing housing and supportive services, including health serv-
ices like home-based and community-based services from the 
Department of Veterans Affairs or from non-Department 
providers in the community. 
(b) PAYMENT FOR SERVICES.—The Secretary may, 
and is encouraged to, pay for services for aging homeless 
veterans described in subsection (a). 
SEC. 165. SECRETARY OF VETERANS AFFAIRS CONTRACT 
AUTHORITY FOR PAYMENT OF CARE FOR VET-
ERANS IN NON-DEPARTMENT OF VETERANS 
AFFAIRS MEDICAL FOSTER HOMES. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—Section 1720 of title 38, 
United States Code, is amended by adding at the end 
the following new subsection:
2416 
† HR 2617 EAS2 
‘‘(h)(1) During the five-year period beginning on the 
date of the enactment of the Joseph Maxwell Cleland and 
Robert Joseph Dole Memorial Veterans Benefits and Health 
Care Improvement Act of 2022, and subject to paragraph 
(3)— 
‘‘(A) at the request of a veteran for whom the 
Secretary is required to provide nursing home care 
under section 1710A of this title, the Secretary may 
place the veteran in a medical foster home that meets 
Department standards, at the expense of the United 
States, pursuant to a contract, agreement, or other 
arrangement entered into between the Secretary and 
the medical foster home for such purpose; and 
‘‘(B) the Secretary may pay for care of a veteran 
placed in a medical foster home before such date of 
enactment, if the home meets Department standards, 
pursuant to a contract, agreement, or other arrange-
ment entered into between the Secretary and the med-
ical foster home for such purpose. 
‘‘(2) A veteran on whose behalf the Secretary pays for 
care in a medical foster home under paragraph (1) shall 
agree, as a condition of such payment, to accept home 
health services furnished by the Secretary under section 
1717 of this title.
2417 
† HR 2617 EAS2 
‘‘(3) In any year, not more than a daily average of 
900 veterans receiving care in a medical foster home, wheth-
er placed before, on, or after the date of the enactment of 
the Joseph Maxwell Cleland and Robert Joseph Dole Memo-
rial Veterans Benefits and Health Care Improvement Act 
of 2022, may have their care covered at the expense of the 
United States under paragraph (1). 
‘‘(4) The prohibition under section 1730(b)(3) of this 
title shall not apply to a veteran whose care is covered at 
the expense of the United States under paragraph (1). 
‘‘(5) In this subsection, the term ‘medical foster home’ 
means a home designed to provide non-institutional, long- 
term, supportive care for veterans who are unable to live 
independently and prefer a family setting.’’. 
(2) EFFECTIVE DATE.—Subsection (h) of section 
1720 of title 38, United States Code, as added by 
paragraph (1), shall take effect 90 days after the date 
of the enactment of this Act. 
(b) ONGOING
MONITORING
OF
MEDICAL
FOSTER 
HOME PROGRAM.— 
(1) IN GENERAL.—The Secretary of Veterans Af-
fairs shall create a system to monitor and assess the 
workload for the Department of Veterans Affairs in 
carrying out the authority under section 1720(h) of
2418 
† HR 2617 EAS2 
title 38, United States Code, as added by subsection 
(a)(1), including by tracking— 
(A) requests by veterans to be placed in a 
medical foster home under such section; 
(B) denials of such requests, including the 
reasons for such denials; 
(C) the total number of medical foster homes 
applying to participate under such section, 
disaggregated by those approved and those de-
nied approval by the Department to participate; 
(D) veterans receiving care at a medical fos-
ter home at the expense of the United States; and 
(E) veterans receiving care at a medical fos-
ter home at their own expense. 
(2) REPORT.—Based on the monitoring and as-
sessments conducted under paragraph (1), the Sec-
retary shall identify and submit to Congress a report 
on such modifications to implementing section 
1720(h) of title 38, United States Code, as added by 
subsection (a)(1), as the Secretary considers necessary 
to ensure the authority under such section is func-
tioning as intended and care is provided to veterans 
under such section as intended. 
(3) MEDICAL FOSTER HOME DEFINED.—In this 
subsection, the term ‘‘medical foster home’’ has the
2419 
† HR 2617 EAS2 
meaning given that term in section 1720(h) of title 
38, United States Code, as added by subsection (a)(1). 
(c) COMPTROLLER GENERAL REPORT.—Not later than 
each of three years and six years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to Congress a report— 
(1) assessing the implementation of this section 
and the amendments made by this section; 
(2) assessing the impact of the monitoring and 
modifications under subsection (b) on care provided 
under section 1720(h) of title 38, United States Code, 
as added by subsection (a)(1); and 
(3) setting forth recommendations for improve-
ments to the implementation of such section, as the 
Comptroller General considers appropriate. 
Subtitle F—Foreign Medical 
Program 
SEC. 171. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF 
EXPANDING ASSISTANCE AND SUPPORT TO 
CAREGIVERS TO INCLUDE CAREGIVERS OF 
VETERANS IN THE REPUBLIC OF THE PHIL-
IPPINES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Although section 161 of the VA MISSION 
Act of 2018 (Public Law 115–182; 132 Stat. 1438)
2420 
† HR 2617 EAS2 
expanded the program of comprehensive assistance for 
family caregivers of the Department of Veterans Af-
fairs under section 1720G(a) of title 38, United States 
Code, to veterans of all eras, it did not expand the 
program to family caregivers for veterans overseas. 
(2) Although caregivers for veterans overseas can 
access online resources as part of the program of sup-
port services for caregivers of veterans under sub-
section (b) section 1720G of such title, those caregivers 
are not currently eligible for the comprehensive serv-
ices and benefits provided under subsection (a) of 
such section. 
(3) The Department has an outpatient clinic 
and a regional benefits office in Manila, Republic of 
the Philippines, and the Foreign Medical Program of 
the Department under section 1724 of such title is 
used heavily in the Republic of the Philippines by 
veterans who live in that country. 
(4) Due to the presence of facilities of the De-
partment in the Republic of the Philippines and the 
number of veterans who reside there, that country is 
a suitable test case to analyze the feasibility and ad-
visability of expanding caregiver support to care-
givers of veterans overseas.
2421 
† HR 2617 EAS2 
(b) ANALYSIS.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Veterans Af-
fairs shall complete an analysis of the feasibility and advis-
ability of making assistance and support under section 
1720G(a) of title 38, United States Code, available to care-
givers of veterans in the Republic of the Philippines. 
(c) REPORT.—Not later than 180 days after the con-
clusion of the analysis conducted under subsection (b), the 
Secretary shall submit to the Committee on Veterans’ Af-
fairs of the Senate and the Committee on Veterans’ Affairs 
of the House of Representatives a report that includes the 
following: 
(1) The results of such analysis. 
(2) An assessment of the number of veterans who 
are enrolled in the patient enrollment system and re-
side in the Republic of the Philippines. 
(3) An assessment of the number of veterans re-
siding in the Republic of the Philippines with a dis-
ability rating from the Department of not less than 
70 percent. 
(4) An assessment of the number of veterans who 
are enrolled in the patient enrollment system and re-
side in the Republic of the Philippines that have a 
caregiver to provide them personal care services de-
2422 
† HR 2617 EAS2 
scribed in section 1720G(a)(C) of title 38, United 
States Code. 
(5) An assessment of the staffing needs and asso-
ciated costs of making assistance and support avail-
able to caregivers of veterans in the Republic of the 
Philippines. 
(6) An assessment of the infrastructure needs 
and associated costs of making assistance and support 
available to caregivers of veterans in the Republic of 
the Philippines. 
(7) An assessment of the local transportation 
challenges to making assistance and support available 
to caregivers of veterans in the Republic of the Phil-
ippines. 
(8) An assessment of how the Secretary would 
determine payment rates for caregivers of veterans in 
the Republic of the Philippines to account for 
variances in living standards in the Republic of the 
Philippines. 
(9) Such other elements as the Secretary con-
siders appropriate. 
(d) DEFINITIONS.—In this section: 
(1) CAREGIVER.—The term ‘‘caregiver’’ has the 
meaning given that term in section 1720G(d) of title 
38, United States Code.
2423 
† HR 2617 EAS2 
(2) PATIENT ENROLLMENT SYSTEM.—The term 
‘‘patient enrollment system’’ means the system of an-
nual patient enrollment of the Department of Vet-
erans Affairs established and operated under section 
1705(a) of such title. 
(3) VETERAN.—The term ‘‘veteran’’ has the 
meaning given that term in section 101(2) of such 
title. 
SEC. 172. COMPTROLLER GENERAL REPORT ON FOREIGN 
MEDICAL PROGRAM OF DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) IN GENERAL.—Not later than two years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on Vet-
erans’ Affairs of the Senate and the Committee on Veterans’ 
Affairs of the House of Representatives a report on the For-
eign Medical Program. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include, for the most recent five fiscal years for which 
data are available, an assessment of the following: 
(1) The number of veterans who live overseas and 
are eligible for the Foreign Medical Program. 
(2) The number of veterans who live overseas, are 
registered for the Foreign Medical Program, and use 
such program.
2424 
† HR 2617 EAS2 
(3) The number of veterans who live overseas, are 
registered for the Foreign Medical Program, and do 
not use such program. 
(4) The number of veterans who are eligible for 
care furnished by the Department of Veterans Affairs, 
live in the United States, including territories of the 
United States, and make use of such care, including 
through the Veterans Community Care Program 
under section 1703 of title 38, United States Code. 
(5) Any challenges faced by the Department in 
administering the Foreign Medical Program, includ-
ing— 
(A) outreach to veterans on eligibility for 
such program and ensuring veterans who live 
overseas are aware of such program; 
(B) executing timely reimbursements of 
claims by veterans under such program; and 
(C) need for and use of translation services. 
(6) Any trends relating to— 
(A) the timeliness of processing by the De-
partment of claims under the Foreign Medical 
Program and reimbursement of veterans under 
such program;
2425 
† HR 2617 EAS2 
(B) types of care or treatment sought by 
veterans who live overseas that is reimbursed 
under such program; and 
(C) types of care or treatment eligible for 
reimbursement under such program that veterans 
have difficulty accessing overseas. 
(7) Any barriers or obstacles cited by veterans 
who live overseas who are registered for the Foreign 
Medical Program, including any differences between 
veterans who use the program and veterans who do 
not. 
(8) Satisfaction of veterans who live overseas 
with the Foreign Medical Program. 
(9) Such other areas as the Comptroller General 
considers appropriate. 
(c) FOREIGN MEDICAL PROGRAM DEFINED.—In this 
section, the term ‘‘Foreign Medical Program’’ means the 
program under with the Secretary of Veterans Affairs pro-
vides hospital care and medical services under section 1724 
of title 38, United States Code.
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† HR 2617 EAS2 
Subtitle G—Research Matters 
SEC. 181. INAPPLICABILITY OF PAPERWORK REDUCTION 
ACT. 
(a) IN GENERAL.—Subchapter II of chapter 73 of title 
38, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 7330D. Inapplicability of Paperwork Reduction Act 
to research activities 
‘‘Subchapter I of chapter 35 of title 44 (commonly re-
ferred to as the ‘Paperwork Reduction Act’) shall not apply 
to the voluntary collection of information during the con-
duct of research by the Veterans Health Administration, in-
cluding the Office of Research and Development, or individ-
uals or entities affiliated with the Veterans Health Admin-
istration.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by inserting 
after the item relating to section 7330C the following new 
item: 
‘‘(1) ‘‘7330D. Inapplicability of Paperwork Re-
duction Act to research activities.’’. 
SEC. 182. RESEARCH AND DEVELOPMENT. 
(a) OFFICE
OF RESEARCH
AND DEVELOPMENT.— 
Chapter 73 of title 38, United States Code, is amended by 
adding at the end the following new subchapter:
2427 
† HR 2617 EAS2 
‘‘SUBCHAPTER V—RESEARCH AND 
DEVELOPMENT 
‘‘§ 7381. Office of Research and Development 
‘‘(a) OFFICE OF RESEARCH AND DEVELOPMENT.— 
There is in the Veterans Health Administration an Office 
of Research and Development (in this section referred to as 
the ‘Office’). 
‘‘(b) PURPOSES.—The function of the Office is to serve 
veterans through a full spectrum of research (including pre- 
clinical, clinical, and health systems science), technology 
transfer, and application. 
‘‘(c) CHIEF RESEARCH
AND DEVELOPMENT OFFI-
CER.—The head of the Office is the Chief Research and De-
velopment Officer. 
‘‘(d) ORGANIZATION
AND PERSONNEL.—The Office 
shall be organized in such manner, and its personnel shall 
perform such duties and have such titles, as the Secretary 
may prescribe. 
‘‘§ 7382. Research personnel 
‘‘(a) WAIVER OF INTERGOVERNMENTAL PERSONNEL 
ACT MOBILITY PROGRAM LIMITS.—The Secretary may 
waive the limit on the period and number of assignments 
required under section 3372(a) of title 5 with respect to an 
individual who performs research for the Department under 
the mobility program under subchapter VI of chapter 33
2428 
† HR 2617 EAS2 
of such title (commonly referred to as the ‘Intergovern-
mental Personnel Act Mobility Program’). 
‘‘(b) OUTSIDE EARNED INCOME FOR RESEARCH FOR 
THE DEPARTMENT.—(1) Compensation from a nonprofit 
corporation established under subchapter IV of this chapter, 
or a university affiliated with the Department, may be 
paid, without regard to section 209 of title 18, to an em-
ployee described in paragraph (2), for research conducted 
pursuant to section 7303 of this title if— 
‘‘(A) the research has been approved in accord-
ance with procedures prescribed by the Under Sec-
retary for Health; 
‘‘(B) the employee conducts research under the 
supervision of personnel of the Department; and 
‘‘(C) the Secretary agreed to the terms of such 
compensation in writing. 
‘‘(2) An employee described in this subsection is an 
employee who has an appointment within the Department, 
whether with or without compensation, and without regard 
to the source of such compensation.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new items: 
‘‘SUBCHAPTER V—RESEARCH AND DEVELOPMENT 
‘‘7381. Office of Research and Development. 
‘‘7382. Research personnel.’’.