Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
PL 116-315 (H.R.7105), enacted 01/05/2021

[116th Congress Public Law 315]
[From the U.S. Government Publishing Office]



[[Page 4931]]

                  JOHNNY ISAKSON AND DAVID P. ROE, M.D.

                    VETERANS HEALTH CARE AND BENEFITS

                         IMPROVEMENT ACT OF 2020

[[Page 134 STAT. 4932]]

Public Law 116-315
116th Congress

                                 An Act


 
 To provide flexibility for the Secretary of Veterans Affairs in caring 
   for homeless veterans during a covered public health emergency, to 
direct the Secretary of <<NOTE: Jan. 5, 2021 -  [H.R. 7105]>>  Veterans 
  Affairs to carry out a retraining assistance program for unemployed 
                    veterans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Johnny Isakson 
and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act 
of 2020.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 38 USC 101 note.>>  Short Title.--This Act may be cited 
as the ``Johnny Isakson and David P. Roe, M.D. Veterans Health Care and 
Benefits Improvement Act of 2020''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Determination of budgetary effects.

                           TITLE I--EDUCATION

                     Subtitle A--Education Generally

Sec. 1001. Improvements to Edith Nourse Rogers STEM Scholarship program 
           of Department of Veterans Affairs.
Sec. 1002. Expansion of eligibility for Fry Scholarship to children and 
           spouses of certain deceased members of the Armed Forces.
Sec. 1003. Period for election to receive benefits under All-Volunteer 
           Educational Assistance Program of Department of Veterans 
           Affairs.
Sec. 1004. Phase out of All-Volunteer Educational Assistance Program.
Sec. 1005. Requirements for in-State tuition.
Sec. 1006. Expansion of authority for certain qualifying work-study 
           activities for purposes of the educational assistance 
           programs of the Department of Veterans Affairs to include 
           outreach services provided through congressional offices.
Sec. 1007. Restoration of entitlement to rehabilitation programs for 
           veterans affected by school closure or disapproval.
Sec. 1008. Technical correction to clarify eligibility for participation 
           in Yellow Ribbon Program of Department of Veterans Affairs.
Sec. 1009. Clarification of educational assistance for individuals who 
           pursue an approved program of education leading to a degree 
           while on active duty.
Sec. 1010. Verification of enrollment for purposes of receipt of Post-9/
           11 Educational Assistance benefits.
Sec. 1011. Clarification regarding the dependents to whom entitlement to 
           educational assistance may be transferred under the Post 9/11 
           Educational Assistance Program.
Sec. 1012. Expansion of reasons for which a course of education may be 
           disapproved.
Sec. 1013. Oversight of educational institutions with approved programs: 
           risk-based surveys.
Sec. 1014. Oversight of educational institutions subject to Government 
           action for purposes of the educational assistance programs of 
           the Department of Veterans Affairs.
Sec. 1015. Additional requirement for approval of educational 
           institutions for purposes of the educational assistance 
           programs of the Department of Veterans Affairs.

[[Page 134 STAT. 4933]]

Sec. 1016. Clarification of accreditation for law schools for purposes 
           of the educational assistance programs of the Department of 
           Veterans Affairs.
Sec. 1017. Clarification of grounds for disapproval of a course for 
           purposes of the educational assistance programs of the 
           Department of Veterans Affairs.
Sec. 1018. Requirements for educational institutions participating in 
           the educational assistance programs of the Department of 
           Veterans Affairs.
Sec. 1019. Overpayments to eligible persons or veterans.
Sec. 1020. Improvements to limitation on certain advertising, sales, and 
           enrollment practices.
Sec. 1021. Charge to entitlement to educational assistance for 
           individuals who do not transfer credits from certain closed 
           or disapproved programs of education.
Sec. 1022. Department of Veterans Affairs treatment of for-profit 
           educational institutions converted to nonprofit educational 
           institutions.
Sec. 1023. Authority of State approving agencies to conduct outreach 
           activities.
Sec. 1024. Limitation on colocation and administration of State 
           approving agencies.
Sec. 1025. Elimination of period of eligibility for training and 
           rehabilitation for certain veterans with service-connected 
           disabilities.

                     Subtitle B--Pandemic Assistance

Sec. 1101. Definitions.
Sec. 1102. Continuation of Department of Veterans Affairs educational 
           assistance benefits during COVID-19 emergency.
Sec. 1103. Effects of closure of educational institution and 
           modification of courses by reason of COVID-19 emergency.
Sec. 1104. Payment of educational assistance in cases of withdrawal.
Sec. 1105. Modification of time limitations on use of entitlement.
Sec. 1106. Apprenticeship or on-job training requirements.
Sec. 1107. Inclusion of training establishments in certain provisions 
           related to COVID-19 emergency.
Sec. 1108. Treatment of payment of allowances under Student Veteran 
           Coronavirus Response Act.

                           TITLE II--BENEFITS

                     Subtitle A--Benefits Generally

Sec. 2001. Revision of definition of Vietnam era for purposes of the 
           laws administered by the Secretary of Veterans Affairs.
Sec. 2002. Matters relating to Department of Veterans Affairs medical 
           disability examinations.
Sec. 2003. Medal of Honor special pension for surviving spouses.
Sec. 2004. Modernization of service-disabled veterans insurance.
Sec. 2005. Denial of claims for traumatic injury protection under 
           Servicemembers' Group Life Insurance.
Sec. 2006. Publication and acceptance of disability benefit 
           questionnaire forms of Department of Veterans Affairs.
Sec. 2007. Threshold for reporting debts to consumer reporting agencies.
Sec. 2008. Removal of dependents from award of compensation or pension.
Sec. 2009. Eligibility for dependency and indemnity compensation for 
           surviving spouses who remarry after age 55.
Sec. 2010. Study on exposure by members of the Armed Forces to toxicants 
           at Karshi-Khanabad Air Base in Uzbekistan.
Sec. 2011. Comptroller General briefing and report on repealing 
           manifestation period for presumptions of service connection 
           for certain diseases associated with exposure to certain 
           herbicide agents.
Sec. 2012. Extension of authority of Secretary of Veterans Affairs to 
           use income information from other agencies.
Sec. 2013. Extension on certain limits on payments of pension.

                           Subtitle B--Housing

Sec. 2101. Eligibility of certain members of the reserve components of 
           the Armed Forces for home loans from the Secretary of 
           Veterans Affairs.
Sec. 2102. Reducing loan fees for certain veterans affected by major 
           disasters.
Sec. 2103. Extension of certain housing loan fees.
Sec. 2104. Collection of overpayments of specially adapted housing 
           assistance.

                       Subtitle C--Burial Matters

Sec. 2201. Transportation of deceased veterans to veterans' cemeteries.
Sec. 2202. Increase in certain funeral benefits under laws administered 
           by the Secretary of Veterans Affairs.
Sec. 2203. Outer burial receptacles for each new grave in cemeteries 
           that are the subjects of certain grants made by the Secretary 
           of Veterans Affairs.

[[Page 134 STAT. 4934]]

Sec. 2204. Provision of inscriptions for spouses and children on certain 
           headstones and markers furnished by the Secretary of Veterans 
           Affairs.
Sec. 2205. Aid to counties for establishment, expansion, and improvement 
           of veterans' cemeteries.
Sec. 2206. Increase in maximum amount of grants to States, counties, and 
           tribal organizations for operating and maintaining veterans' 
           cemeteries.
Sec. 2207. Provision of urns and commemorative plaques for remains of 
           certain veterans whose cremated remains are not interred in 
           certain cemeteries.
Sec. 2208. Training of State and tribal veterans' cemetery personnel by 
           National Cemetery Administration.

                         TITLE III--HEALTH CARE

                    Subtitle A--Health Care Generally

Sec. 3001. Expansion of modifications to Veteran Directed Care program.
Sec. 3002. Prohibition on collection of a health care copayment by the 
           Secretary of Veterans Affairs from a veteran who is a member 
           of an Indian tribe.
Sec. 3003. Oversight for State homes regarding COVID-19 infections, 
           response capacity, and staffing levels.
Sec. 3004. Grants for State homes located on tribal lands.
Sec. 3005. Continuation of Women's Health Transition Training program of 
           Department of Veterans Affairs.
Sec. 3006. Authority for Secretary of Veterans Affairs to furnish 
           medically necessary transportation for newborn children of 
           certain women veterans.
Sec. 3007. Waiver of requirements of Department of Veterans Affairs for 
           receipt of per diem payments for domiciliary care at State 
           homes and modification of eligibility for such payments.
Sec. 3008. Expansion of quarterly update of information on staffing and 
           vacancies at facilities of the Department of Veterans Affairs 
           to include information on duration of hiring process.
Sec. 3009. Requirement for certain Department of Veterans Affairs 
           medical facilities to have physical location for the disposal 
           of controlled substances medications.
Sec. 3010. Department of Veterans Affairs pilot program for clinical 
           observation by undergraduate students.

              Subtitle B--Scheduling and Consult Management

Sec. 3101. Process and requirements for scheduling appointments for 
           health care from Department of Veterans Affairs and non-
           Department health care.
Sec. 3102. Audits regarding scheduling of appointments and management of 
           consultations for health care from Department of Veterans 
           Affairs and non-Department health care.
Sec. 3103. Administration of non-Department of Veterans Affairs health 
           care.
Sec. 3104. Examination of health care consultation and scheduling 
           positions of Department of Veterans Affairs.

                     TITLE IV--NAVY SEAL BILL MULDER

Sec. 4001. Short title.

               Subtitle A--Service-connection and COVID-19

Sec. 4101. Presumptions of service-connection for members of Armed 
           Forces who contract Coronavirus Disease 2019 under certain 
           circumstances.

              Subtitle B--Assistance for Homeless Veterans

Sec. 4201. Flexibility for the Secretary of Veterans Affairs in caring 
           for homeless veterans during a covered public health 
           emergency.
Sec. 4202. Legal services for homeless veterans and veterans at risk for 
           homelessness.
Sec. 4203. Gap analysis of Department of Veterans Affairs programs that 
           provide assistance to women veterans who are homeless.
Sec. 4204. Improvements to grants awarded by the Secretary of Veterans 
           Affairs to entities that provide services to homeless 
           veterans.
Sec. 4205. Repeal of sunset on authority to carry out program of 
           referral and counseling services for veterans at risk for 
           homelessness who are transitioning from certain institutions.
Sec. 4206. Coordination of case management services for veterans 
           receiving housing vouchers under Tribal Housing and Urban 
           Development-Veterans Affairs Supportive Housing program.
Sec. 4207. Contracts relating to case managers for homeless veterans in 
           supported housing program.
Sec. 4208. Report on staffing of Department of Housing and Urban 
           Development-Department of Veterans Affairs supported housing 
           program.

[[Page 134 STAT. 4935]]

             Subtitle C--Retraining Assistance for Veterans

Sec. 4301. Access for the Secretaries of Labor and Veterans Affairs to 
           the Federal directory of new hires.
Sec. 4302. Expansion of eligible class of providers of high technology 
           programs of education for veterans.
Sec. 4303. Pilot program for off-base transition training for veterans 
           and spouses.
Sec. 4304. Grants for provision of transition assistance to members of 
           the Armed Forces after separation, retirement, or discharge.
Sec. 4305. One-year independent assessment of the effectiveness of 
           Transition Assistance Program.
Sec. 4306. Longitudinal study on changes to Transition Assistance 
           Program.

                        TITLE V--DEBORAH SAMPSON

Sec. 5001. Short title.

  Subtitle A--Improving Access for Women Veterans to the Department of 
                            Veterans Affairs

Sec. 5101. Office of Women's Health in Department of Veterans Affairs.
Sec. 5102. Women veterans retrofit initiative.
Sec. 5103. Establishment of environment of care standards and 
           inspections at Department of Veterans Affairs medical 
           centers.
Sec. 5104. Provision of reintegration and readjustment services to 
           veterans and family members in group retreat settings.
Sec. 5105. Provision of legal services for women veterans.
Sec. 5106. Comptroller General surveys and report on supportive services 
           provided for very low-income women veterans.
Sec. 5107. Programs on assistance for child care for certain veterans.
Sec. 5108. Availability of prosthetics for women veterans from 
           Department of Veterans Affairs.
Sec. 5109. Requirement to improve Department of Veterans Affairs women 
           veterans call center.
Sec. 5110. Study on infertility services furnished at Department of 
           Veterans Affairs.
Sec. 5111. Sense of Congress on access to facilities of Department of 
           Veterans Affairs by reservists for counseling and treatment 
           relating to military sexual trauma.

            Subtitle B--Increasing Staff Cultural Competency

Sec. 5201. Staffing of women's health primary care providers at medical 
           facilities of Department of Veterans Affairs.
Sec. 5202. Additional funding for primary care and emergency care 
           clinicians in Women Veterans Health Care Mini-Residency 
           Program.
Sec. 5203. Establishment of women veteran training module for non-
           Department of Veterans Affairs health care providers.
Sec. 5204. Study on staffing of women veteran program manager program at 
           medical centers of Department of Veterans Affairs and 
           training of staff.
Sec. 5205. Study on Women Veteran Coordinator program.
Sec. 5206. Staffing improvement plan for peer specialists of Department 
           of Veterans Affairs who are women.

             Subtitle C--Eliminating Harassment and Assault

Sec. 5301. Expansion of coverage by Department of Veterans Affairs of 
           counseling and treatment for sexual trauma.
Sec. 5302. Assessment of effects of intimate partner violence on women 
           veterans by Advisory Committee on Women Veterans.
Sec. 5303. Anti-harassment and anti-sexual assault policy of Department 
           of Veterans Affairs.
Sec. 5304. Pilot program on assisting veterans who experience intimate 
           partner violence or sexual assault.
Sec. 5305. Study and task force on veterans experiencing intimate 
           partner violence or sexual assault.

                Subtitle D--Data Collection and Reporting

Sec. 5401. Requirement for collection and analysis of data on Department 
           of Veterans Affairs benefits and services and disaggregation 
           of such data by gender, race, and ethnicity.
Sec. 5402. Study on barriers for women veterans to receipt of health 
           care from Department of Veterans Affairs.
Sec. 5403. Study on feasibility and advisability of offering Parenting 
           STAIR program at all medical centers of Department of 
           Veterans Affairs.

[[Page 134 STAT. 4936]]

                      Subtitle E--Benefits Matters

Sec. 5501. Evaluation of service-connection of mental health conditions 
           relating to military sexual trauma.
Sec. 5502. Choice of sex of Department of Veterans Affairs medical 
           examiner for assessment of claims for compensation relating 
           to disability resulting from physical assault of a sexual 
           nature, battery of a sexual nature, or sexual harassment.
Sec. 5503. Secretary of Veterans Affairs report on implementing 
           recommendations of Inspector General of Department of 
           Veterans Affairs in certain report on denied posttraumatic 
           stress disorder claims related to military sexual trauma.

       TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS

Sec. 6001. Short title.
Sec. 6002. Plan to address the financial exploitation of veterans 
           receiving pension from the Department of Veterans Affairs.
Sec. 6003. Overpayments of pension to veterans receiving pension from 
           the Department of Veterans Affairs.
Sec. 6004. Evaluation of additional actions for verifying direct deposit 
           information provided by veterans on applications for veterans 
           pension.
Sec. 6005. Annual report on efforts of Department of Veterans Affairs to 
           address the financial exploitation of veterans receiving 
           pension.
Sec. 6006. Notice regarding fees charged in connection with filing an 
           application for veterans pension.
Sec. 6007. Outreach plan for educating vulnerable veterans about 
           potential financial exploitation relating to the receipt of 
           pension.

                        TITLE VII--OTHER MATTERS

              Subtitle A--Administrative and Other Matters

Sec. 7001. Medical examination protocol for volunteer drivers 
           participating in program of transportation services for 
           veterans.
Sec. 7002. Department of Veterans Affairs Advisory Committee on Tribal 
           and Indian Affairs.
Sec. 7003. Preference for offerors employing veterans.
Sec. 7004. Extension of certain employment and reemployment rights to 
           members of the National Guard who perform State active duty.
Sec. 7005. Repayment of misused benefits.
Sec. 7006. Exemption of certain transfers.
Sec. 7007. Report and planned actions of the Secretary of Veterans 
           Affairs to address certain high-risk areas of the Department 
           of Veterans Affairs.
Sec. 7008. Annual report by Secretary of Veterans Affairs on 
           implementation of priority recommendations of Comptroller 
           General of the United States pertaining to Department of 
           Veterans Affairs.
Sec. 7009. Clarification of methods used to monitor compliance with 
           certain limitations on subcontracting.
Sec. 7010. Department of Veterans Affairs requirement to provide certain 
           notice to persons filing claims for damage, injury, or death 
           on Standard Form 95.

     Subtitle B--Matters Relating to the Chief Financial Officer of 
                     Department of Veterans Affairs

Sec. 7101. Definitions.
Sec. 7102. Plans for addressing material weaknesses and providing 
           sufficient authority to Chief Financial Officer of Department 
           of Veterans Affairs.
Sec. 7103. Chief Financial Officer attestation.
Sec. 7104. Chief Financial Officer responsibility for subordinate chief 
           financial officers.

                 Subtitle C--Servicemembers Civil Relief

Sec. 7201. Clarification of delivery of notice of termination of leases 
           of premises and motor vehicles for purposes of relief under 
           Servicemembers Civil Relief Act.
Sec. 7202. Technical correction regarding extension of lease protections 
           for servicemembers under stop movement orders in response to 
           local, national, or global emergency.

SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined

[[Page 134 STAT. 4937]]

by reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.

                           TITLE I--EDUCATION

                     Subtitle A--Education Generally

SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS STEM SCHOLARSHIP 
                          PROGRAM OF DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) Clarification and Expansion of Eligibility.--Subsection (b)(4) 
of section 3320 of title 38, United States Code, is amended--
            (1) in subparagraph (A)(i)--
                    (A) in the matter preceding subclause (I), by 
                inserting ``, or a dual degree program that includes 
                such an undergraduate college degree,'' after 
                ``undergraduate college degree'';
                    (B) by striking subclause (IX); and
                    (C) by redesignating subclauses (X) and (XI) as 
                subclauses (IX) and (X), respectively;
            (2) in subparagraph (B)--
                    (A) by inserting ``covered clinical training program 
                for health care professionals or a'' before ``program of 
                education''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) is an individual who has earned a graduate 
                degree in a field referred to in subparagraph (A)(i) and 
                is enrolled in a covered clinical training program for 
                health care professionals.''.

    (b) Priority.--Subsection (c) of such section is amended to read as 
follows:
    ``(c) Priority.--(1) <<NOTE: Determination.>>  If the Secretary 
determines that there are insufficient funds available in a fiscal year 
to provide additional benefits under this section to all eligible 
individuals, the Secretary may give priority to the following eligible 
individuals:
            ``(A) Individuals who require the most credit hours 
        described in subsection (b)(4).
            ``(B) Individuals who are entitled to educational assistance 
        under this chapter by reason of paragraph (1), (2), (8), or (9) 
        of section 3311(b) of this title.

    ``(2) The Secretary shall give priority to individuals under 
paragraph (1) in the following order:
            ``(A) Individuals who are enrolled in a program of education 
        leading to an undergraduate degree in a field referred to in 
        subsection (b)(4)(A)(i).
            ``(B) Individuals who are enrolled in a program of education 
        leading to a teaching certificate.
            ``(C) Individuals who are enrolled in a dual-degree program 
        leading to both an undergraduate and graduate degree in a field 
        referred to in subsection (b)(4)(A)(i).

[[Page 134 STAT. 4938]]

            ``(D) Individuals who have earned an undergraduate degree 
        and are enrolled in a covered clinical training program for 
        health care professionals.
            ``(E) Individuals who have earned a graduate degree and are 
        enrolled in a covered clinical training program for health care 
        professionals.''.

    (c) Amounts Not Subject to Certain Limitation.--Subsection (d) of 
such section is amended by adding at the end the following new 
paragraph:
    ``(4) Notwithstanding any other provision of this chapter or chapter 
36 of this title, any additional benefits under this section may not be 
counted toward the aggregate period for which section 3695 of this title 
limits an individual's receipt of allowance or assistance.''.
    (d) Covered Clinical Training Program Defined.--Such section is 
further amended by adding at the end the following new subsection:
    ``(h) Covered Clinical Training Program Defined.--In this section, 
the term `covered clinical training program' means any clinical training 
required by a health care professional to be licensed to practice in a 
State or locality.''.
SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO 
                          CHILDREN AND SPOUSES OF CERTAIN DECEASED 
                          MEMBERS OF THE ARMED FORCES.

    (a) In General.--Subsection (b) of section 3311 of title 38, United 
States Code, as amended by section 105 of the Harry W. Colmery Veterans 
Educational Assistance Act of 2017 (Public Law 115-48), is further 
amended--
            (1) by redesignating paragraph (9) as paragraph (11); and
            (2) by inserting after paragraph (8) the following new 
        paragraphs (9) and (10):
            ``(9) An individual who is the child or spouse of a person 
        who, on or after September 11, 2001, dies in line of duty while 
        serving on duty other than active duty as a member of the Armed 
        Forces.
            ``(10) An individual who is the child or spouse of a member 
        of the Selected Reserve who dies on or after September 11, 2001, 
        while a member of the Selected Reserve from a service-connected 
        disability.''.

    (b) Conforming Amendments.--Title 38, United States Code, is amended 
as follows:
            (1) In section 3311(f), by striking ``paragraph (8)'' each 
        place it appears and inserting ``paragraphs (8), (9), and 
        (10)''.
            (2) In section 3313(c)(1), by striking ``(8), or (9)'' and 
        inserting ``(8), (9), (10), or (11)''.
            (3) In section 3317(a), in the second sentence, by striking 
        ``paragraphs (1), (2), (8), and (9)'' and inserting ``paragraphs 
        (1), (2), (8), (9), (10), and (11)''.
            (4) In section 3320, as amended by section 1001 of this 
        title, in subsection (c)(1)(B), by striking ``(8), or (9)'' and 
        inserting ``(8), (9), (10), or (11)''.
            (5) In section 3322--
                    (A) in subsection (e), by striking both ``sections 
                3311(b)(8) and 3319'' and inserting ``section 3319 and 
                paragraph (8), (9), or (10) of section 3311 of this 
                title'';

[[Page 134 STAT. 4939]]

                    (B) in subsection (f), by striking ``section 
                3311(b)(8)'' and inserting ``paragraph (8), (9), or (10) 
                of section 3311 of this title''; and
                    (C) in subsection (h)(2), by striking ``either 
                section 3311(b)(8) or chapter 35'' and inserting 
                ``either chapter 35 or paragraph (8), (9), or (10) of 
                section 3311''.

    (c) <<NOTE: Effective date. 38 USC 3311 note.>>  Applicability 
Date.--The amendments made by this section shall take effect immediately 
after the amendments made by section 105 of the Harry W. Colmery 
Veterans Educational Assistance Act of 2017 (Public Law 115-48) take 
effect and shall apply with respect to a quarter, semester, or term, as 
applicable, commencing on or after August 1, 2021.
SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL-
                          VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM 
                          OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 3011 of title 38, United States Code, is 
amended--
            (1) in subsection (c)(1), by striking ``Any such election 
        shall be made at the time the individual initially enters on 
        active duty as a member of the Armed Forces'' and inserting 
        ``Any such election shall be made during the 90-day period 
        beginning on the day that is 180 days after the date on which 
        the individual initially enters initial training''; and
            (2) in subsection (b)(1), by striking ``that such individual 
        is entitled to such pay'' and inserting ``that begin after the 
        date that is 270 days after the date on which the individual 
        initially enters initial training''.

    (b) <<NOTE: 38 USC 3011 note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on the date that is two years 
after the date of the enactment of this Act.
SEC. 1004. <<NOTE: Time period.>>  PHASE OUT OF ALL-VOLUNTEER 
                          EDUCATIONAL ASSISTANCE PROGRAM.

    Subsection (a)(1)(A) of section 3011 of title 38, United States 
Code, is amended by striking ``after June 30, 1985'' and inserting 
``during the period beginning July 1, 1985, and ending September 30, 
2030''.
SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION.

    (a) In General.--Section 3679(c) of title 38, United States Code, is 
amended--
            (1) in paragraph (2)(A), by striking ``less than three years 
        before the date of enrollment in the course concerned''; and
            (2) in paragraph (4)--
                    (A) by striking ``It shall'' and inserting ``(A) It 
                shall''; and
                    (B) by adding at the end the following new 
                subparagraph:

    ``(B) <<NOTE: Public information. Web posting. Database.>>  To the 
extent feasible, the Secretary shall make publicly available on the 
internet website of the Department a database explaining any 
requirements described in subparagraph (A) that are established by a 
public institution of higher learning for an individual to be charged 
tuition and fees at a rate that is equal to or less than the rate the 
institution charges for tuition and fees for residents of the State in 
which the institution is located. The Secretary shall disapprove a 
course of education provided by such an institution that does not 
provide the Secretary--

[[Page 134 STAT. 4940]]

            ``(i) an initial explanation of such requirements; and
            ``(ii) <<NOTE: Deadline.>>  not later than 90 days after the 
        date on which any such requirements change, the updated 
        requirements.''.

    (b) <<NOTE: 38 USC 3679 note.>>  Application.--The amendments made 
by this section shall apply with respect to a quarter, semester, or 
term, as applicable, commencing on or after August 1, 2021.
SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING WORK-
                          STUDY ACTIVITIES FOR PURPOSES OF THE 
                          EDUCATIONAL ASSISTANCE PROGRAMS OF THE 
                          DEPARTMENT OF VETERANS AFFAIRS TO 
                          INCLUDE OUTREACH SERVICES PROVIDED 
                          THROUGH CONGRESSIONAL OFFICES.

    (a) In General.--Section 3485(a)(4) of title 38, United States Code, 
is amended by adding at the end the following new subparagraph:
            ``(K) The following activities carried out at the offices of 
        Members of Congress for such Members:
                    ``(i) The distribution of information to members of 
                the Armed Forces, veterans, and their dependents about 
                the benefits and services under laws administered by the 
                Secretary and other appropriate governmental and 
                nongovernmental programs.
                    ``(ii) The preparation and processing of papers and 
                other documents, including documents to assist in the 
                preparation and presentation of claims for benefits 
                under laws administered by the Secretary.''.

    (b) <<NOTE: 38 USC 3485 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on August 1, 2021.
SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS 
                          FOR VETERANS AFFECTED BY SCHOOL CLOSURE 
                          OR DISAPPROVAL.

    (a) Entitlement.--Section 3699 of title 38, United States Code, is 
amended by striking ``chapter 30,'' each time it appears and inserting 
``chapter 30, 31,''.
    (b) Payment of Subsistence Allowances.--Section 3680(a)(2)(B) of 
title 38, United States Code, is amended--
            (1) by inserting ``or a subsistence allowance described in 
        section 3108'' before ``, during''; and
            (2) by inserting ``or allowance'' after ``such a stipend''.

    (c) <<NOTE: Repeal.>>  Conforming Amendment.--Section 7 of the 
Student Veteran Coronavirus Response Act of 2020 (134 Stat. 634; Public 
Law 116-140) <<NOTE: 38 USC 3680 note, 3699 note.>>  is hereby repealed.

    (d) <<NOTE: 38 USC 3680 note.>>  Effective Date.--The amendments 
made by this section shall apply as if included in the enactment of 
section 109 of the Harry W. Colmery Veterans Educational Assistance Act 
of 2017 (Public Law 115-48; 131 Stat. 978).
SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGIBILITY FOR 
                          PARTICIPATION IN YELLOW RIBBON PROGRAM 
                          OF DEPARTMENT OF VETERANS AFFAIRS.

    Section 3317(a) of title 38, United States Code, is amended--
            (1) by striking ``the full cost of established charges (as 
        specified in section 3313)'' and inserting ``the full cost of 
        tuition and fees for a program of education''; and
            (2) by striking ``those established charges'' and inserting 
        ``such tuition and fees''.

[[Page 134 STAT. 4941]]

SEC. 1009. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR INDIVIDUALS 
                          WHO PURSUE AN APPROVED PROGRAM OF 
                          EDUCATION LEADING TO A DEGREE WHILE ON 
                          ACTIVE DUTY.

    (a) In General.--Section 3313(e) of title 38, United States Code, is 
amended--
            (1) in the heading, by inserting ``for a Period of More Than 
        30 Days'' after ``Active Duty'';
            (2) in paragraph (1), by inserting ``for a period of more 
        than 30 days'' after ``active duty''; and
            (3) in paragraph (2), in the matter preceding subparagraph 
        (A), by inserting ``for a period of more than 30 days'' after 
        ``active duty''.

    (b) <<NOTE: 38 USC 3313 note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on August 1, 2022.
SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF RECEIPT OF 
                          POST-9/11 EDUCATIONAL ASSISTANCE 
                          BENEFITS.

    (a) In General.--Section 3313 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(l) <<NOTE: Requirements.>>  Verification of Enrollment.--(1) The 
Secretary shall require--
            ``(A) <<NOTE: Deadlines. Determinations.>>  each educational 
        institution to submit to the Secretary verification of each 
        individual who is enrolled in a course or program of education 
        at the educational institution and is receiving educational 
        assistance under this chapter--
                    ``(i) not later than such time as the Secretary 
                determines reasonable after the date on which the 
                individual is enrolled; and
                    ``(ii) not later than such time as the Secretary 
                determines reasonable after the last date on which a 
                student is able to withdraw from the course or program 
                of education without penalty; and
            ``(B) each individual who is enrolled in a course or program 
        of education and is receiving educational assistance under this 
        chapter to submit to the Secretary verification of such 
        enrollment for each month during which the individual is so 
        enrolled and receiving such educational assistance.

    ``(2) Verification under this subsection shall be in an electronic 
form prescribed by the Secretary.
    ``(3) If an individual fails to submit the verification required 
under paragraph (1)(B) for two consecutive months, the Secretary may not 
make a monthly stipend payment to the individual under this section 
until the individual submits such verification.''.
    (b) <<NOTE: 38 USC 3313 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on August 1, 2021.
SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM 
                          ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
                          MAY BE TRANSFERRED UNDER THE POST 9/11 
                          EDUCATIONAL ASSISTANCE PROGRAM.

    (a) In General.--Section 3319(c) of title 38, United States Code, is 
amended to read as follows:
    ``(c) Eligible Dependents.--
            ``(1) Transfer.--An individual approved to transfer an 
        entitlement to educational assistance under this section may

[[Page 134 STAT. 4942]]

        transfer the individual's entitlement to an eligible dependent 
        or a combination of eligible dependents.
            ``(2) Definition of eligible dependent.--For purposes of 
        this subsection, the term `eligible dependent' has the meaning 
        given the term `dependent' under subparagraphs (A), (I), and (D) 
        of section 1072(2) of title 10.''.

    (b) <<NOTE: 38 USC 3319 note.>>  Applicability.--The amendment made 
by subsection (a) shall apply with respect to educational assistance 
payable under chapter 33 of title 38, United States Code, before, on, or 
after the date that is 90 days after the date of the enactment of this 
Act.
SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF EDUCATION 
                          MAY BE DISAPPROVED.

    (a) In General.--Section 3672(b)(2) of title 38, United States Code, 
is amended--
            (1) in subparagraph (A)(i), by inserting or ``or (D)'' after 
        ``subparagraph (C)''; and
            (2) by adding at the end the following new subparagraph:

    ``(D) A program that is described in subparagraph (A)(i) of this 
paragraph and offered by an educational institution that is at risk of 
losing accreditation shall not be deemed to be approved for purposes of 
this chapter. For purposes of this subparagraph, an educational 
institution is at risk of losing accreditation if that educational 
institution has received from the relevant accrediting agency or 
association a notice described in section 3673(e)(2)(D) of this 
title.''.
    (b) <<NOTE: 38 USC 3672 note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on August 1, 2021.
SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTITUTIONS WITH APPROVED 
                          PROGRAMS: RISK-BASED SURVEYS.

    (a) Risk-based Surveys.--
            (1) In general.--Subchapter I of chapter 36, United States 
        Code, is amended by inserting after section 3673 the following 
        new section:
``Sec. 3673A. <<NOTE: 38 USC 3673A.>>  Risk-based surveys

    ``(a) Development Required.--The Secretary, in partnership with 
State approving agencies, shall develop a searchable risk-based survey 
for oversight of educational institutions with courses and programs of 
education approved under this chapter.
    ``(b) <<NOTE: Determination.>>  Scope.--(1) The scope of the risk-
based survey developed under subsection (a) shall be determined by the 
Secretary, in partnership with the State approving agency.

    ``(2) At a minimum the scope determined under paragraph (1) shall 
include the following:
            ``(A) Rapid increase in veteran enrollment.
            ``(B) Rapid increase in tuition and fees.
            ``(C) Complaints tracked and published with the mechanism 
        required by section 3698(b)(2) from students pursuing programs 
        of education with educational assistance furnished under laws 
        administered by the Secretary, based on severity or volume of 
        the complaints.
            ``(D) Compliance with section 3680A(d)(1) of this title.
            ``(E) Veteran completion rates.
            ``(F) Indicators of financial stability.

[[Page 134 STAT. 4943]]

            ``(G) <<NOTE: Review.>>  Review of the advertising and 
        recruiting practices of the educational institution, including 
        those by third-party contractors of the educational institution.
            ``(H) Matters for which the Federal Government or a State 
        Government brings an action in a court of competent jurisdiction 
        against an educational institution, including matters in cases 
        in which the Federal Government or the State comes to a settled 
        agreement on such matters outside of the court.

    ``(c) Database.--The Secretary, in partnership with the State 
approving agencies under this chapter, shall establish a database or use 
an existing system, as the Secretary considers appropriate, to serve as 
a central repository for information required for or collected during 
site visits for the risk-based survey developed under subsection (a), so 
as to improve future oversight of educational institutions with programs 
of education approved under this chapter.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 36 of such title <<NOTE: 38 USC 3670 
        prec.>>  is amended by inserting after the item relating to 
        section 3673 the following new item:

``3673A. Risk-based surveys.''.

    (b) Use of State Approving Agencies for Oversight Activities.--
            (1) In general.--Section 3673(d) of title 38, United States 
        Code, is amended--
                    (A) by striking ``may'' and inserting ``shall''; and
                    (B) by striking ``compliance and risk-based 
                surveys'' and inserting ``a risk-based survey developed 
                under section 3673A of this title''.
            (2) <<NOTE: 38 USC 3673 note.>>  Effective date.--The 
        amendment made by paragraph (1) shall take effect on October 1, 
        2022.
SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO 
                          GOVERNMENT ACTION FOR PURPOSES OF THE 
                          EDUCATIONAL ASSISTANCE PROGRAMS OF THE 
                          DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 3673 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e) Notice of Government Action.--(1)(A) <<NOTE: Deadlines.>>  If 
the Secretary receives notice described in paragraph (2), or otherwise 
becomes aware of an action or event described in paragraph (3), with 
respect to an educational institution, the Secretary shall transmit such 
notice or provide notice of such action or event to the State approving 
agency for the State where the educational institution is located by not 
later than 30 days after the date on which the Secretary receives such 
notice or becomes aware of such action or event.

    ``(B) If a State approving agency receives notice as described in 
paragraph (2), or otherwise becomes aware of an action or event 
described in paragraph (3), with respect to an educational institution, 
other than from the Secretary pursuant to subparagraph (A) of this 
paragraph, the State approving agency shall immediately notify the 
Secretary.
    ``(C) Not later than 60 days after the date on which a State 
approving agency receives notice under subparagraph (A), receives notice 
as described in subparagraph (B), or becomes aware as

[[Page 134 STAT. 4944]]

described in such subparagraph, as the case may be, regarding an 
educational institution, such State approving agency shall--
            ``(i) complete a risk-based survey of such educational 
        institution; and
            ``(ii) provide the Secretary with--
                    ``(I) <<NOTE: Reports.>>  a complete report on the 
                findings of the State approving agency with respect to 
                the risk-based survey completed under clause (i) and any 
                actions taken as a result of such findings; and
                    ``(II) any supporting documentation and pertinent 
                records.

    ``(2) Notice described in this paragraph is any of the following:
            ``(A) Notice from the Secretary of Education of an event 
        under paragraph (3)(A).
            ``(B) Notice of an event under paragraph (3)(B).
            ``(C) Notice from a State of an action taken by that State 
        under paragraph (3)(C).
            ``(D) Notice provided by an accrediting agency or 
        association of an action described in paragraph (3)(D) taken by 
        that agency or association.
            ``(E) Notice that the Secretary of Education has placed the 
        educational institution on provisional certification status.

    ``(3) An action or event under this paragraph is any of the 
following:
            ``(A) The receipt by an educational institution of payments 
        under the heightened cash monitoring level 2 payment method 
        pursuant to section 487(c)(1)(B) of the Higher Education Act of 
        1965 (20 U.S.C. 1094).
            ``(B) Punitive action taken by the Attorney General, the 
        Federal Trade Commission, or any other Federal department or 
        agency for misconduct or misleading marketing practices that 
        would violate the standards defined by the Secretary of Veterans 
        Affairs.
            ``(C) Punitive action taken by a State against an 
        educational institution.
            ``(D) The loss, or risk of loss, by an educational 
        institution of an accreditation from an accrediting agency or 
        association, including notice of probation, suspension, an order 
        to show cause relating to the educational institution's academic 
        policies and practices or to its financial stability, or 
        revocation of accreditation.
            ``(E) The placement of an educational institution on 
        provisional certification status by the Secretary of Education.

    ``(4) If a State approving agency disapproves or suspends an 
educational institution, the State approving agency shall provide notice 
of such disapproval or suspension to the Secretary and to all other 
State approving agencies.
    ``(5) This subsection shall be carried out using amounts made 
available pursuant to section 3674(a)(4) of this title as long as such 
amounts remain available.
    ``(6) For each notice transmitted or provided to a State approving 
agency under paragraph (1) with respect to an educational institution, 
the Secretary shall ensure the careful review of--
            ``(A) to the extent possible, the action that gave rise to 
        such notice; and

[[Page 134 STAT. 4945]]

            ``(B) any other action against the educational institution 
        by any Federal or State government entity or by the educational 
        institution's accreditor.

    ``(7) <<NOTE: Definition.>>  In this subsection, the term `risk-
based survey' means the risk-based survey developed under section 3673A 
of this title.''.

    (b) <<NOTE: 38 USC 3673 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on August 1, 2021.
SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDUCATIONAL 
                          INSTITUTIONS FOR PURPOSES OF THE 
                          EDUCATIONAL ASSISTANCE PROGRAMS OF THE 
                          DEPARTMENT OF VETERANS AFFAIRS.

    (a) <<NOTE: Waivers.>>  In General.--Section 3675 of title 38, 
United States Code, is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(4) <<NOTE: Notice.>>  The educational institution is 
        approved and participates in a program under title IV of the 
        Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or the 
        Secretary has waived the requirement under this paragraph with 
        respect to an educational institution and submits to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives notice of 
        such waiver.''.
            (2) by adding at the end the following new subsection:

    ``(d)(1) <<NOTE: Reports.>>  The Secretary shall submit to Congress 
an annual report on any waivers issued pursuant to subsection (b)(4) or 
section 3672(b)(2)(A)(i) of this title.

    ``(2) Each report submitted under paragraph (1) shall include, for 
the year covered by the report, the following:
            ``(A) The name of each educational institution for which a 
        waiver was issued.
            ``(B) The justification for each such waiver.
            ``(C) The total number of waivers issued.''.

    (b) Requirement for Approval of Standard College Degree Programs.--
Clause (i) of section 3672(b)(2)(A) <<NOTE: 38 USC 3672.>>  of such 
title is amended to read as follows:
                    ``(i) Except as provided in subparagraph (C) or (D), 
                an accredited standard college degree program offered at 
                a public or not-for-profit proprietary educational 
                institution that--
                          ``(I) is accredited by an agency or 
                      association recognized for that purpose by the 
                      Secretary of Education; and
                          ``(II) is approved and participates in a 
                      program under title IV of the Higher Education Act 
                      of 1965 (20 U.S.C. 1070 et seq.), unless the 
                      Secretary has waived the requirement to 
                      participate in a program under title IV of the 
                      Higher Education Act of 1965 (20 U.S.C. 1070 et 
                      seq.).''.

    (c) <<NOTE: 38 USC 3672 note.>>  Effective Date.--The amendments 
made by subsections (a) and (b) shall take effect on August 1, 2021.
SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS FOR 
                          PURPOSES OF THE EDUCATIONAL ASSISTANCE 
                          PROGRAMS OF THE DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) In General.--Paragraphs (14)(B) and (15)(B) of section 3676(c) 
of title 38, United States Code, are each amended--

[[Page 134 STAT. 4946]]

            (1) by striking ``an accrediting agency'' both places it 
        appears and inserting ``a specialized accrediting agency for 
        programs of legal education''; and
            (2) by inserting before the period the following: ``, from 
        which recipients of law degrees from such accredited programs 
        are eligible to sit for a bar examination in any State''.

    (b) <<NOTE: 38 USC 3676 note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on August 1, 2021.
SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A COURSE 
                          FOR PURPOSES OF THE EDUCATIONAL 
                          ASSISTANCE PROGRAMS OF THE DEPARTMENT OF 
                          VETERANS AFFAIRS.

    (a) In General.--Section 3679 of title 38, United States Code, is 
amended--
            (1) by inserting ``(including failure to comply with a risk-
        based survey under this chapter or secure an affirmation of 
        approval by the appropriate State approving agency following the 
        survey)'' after ``requirements of this chapter''; and
            (2) by adding at the end the following new subsection:

    ``(f) <<NOTE: Definition.>>  In this section, the term `risk-based 
survey' means a risk-based survey developed under section 3673A(a) of 
this title.''.

    (b) <<NOTE: 38 USC 3679 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on August 1, 2021.
SEC. 1018. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS PARTICIPATING 
                          IN THE EDUCATIONAL ASSISTANCE PROGRAMS 
                          OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 3679 of title 38, United States Code, as 
amended by section 1017 of this title, is further amended by adding at 
the end the following new subsection:
    ``(f)(1) <<NOTE: Determination.>>  Except as provided by paragraph 
(5), a State approving agency, or the Secretary when acting in the role 
of the State approving agency, shall take an action described in 
paragraph (4)(A) if the State approving agency or the Secretary, when 
acting in the role of the State approving agency, determines that an 
educational institution does not perform any of the following:
            ``(A) Prior to the enrollment of a covered individual in a 
        course of education at the educational institution, provide the 
        individual with a form that contains information personalized to 
        the individual that describes--
                    ``(i) the estimated total cost of the course, 
                including tuition, fees, books, supplies, and any other 
                additional costs;
                    ``(ii) an estimate of the cost for living expenses 
                for students enrolled in the course;
                    ``(iii) the amount of the costs under clauses (i) 
                and (ii) that are covered by the educational assistance 
                provided to the individual under chapter 30, 31, 32, 33, 
                or 35 of this title, or chapter 1606 or 1607 of title 
                10, as the case may be;
                    ``(iv) the type and amount of Federal financial aid 
                not administered by the Secretary and financial aid 
                offered by the institution that the individual may 
                qualify to receive;
                    ``(v) an estimate of the amount of student loan debt 
                the individual would have upon graduation;
                    ``(vi) information regarding graduation rates;
                    ``(vii) job-placement rates for graduates of the 
                course, if available;

[[Page 134 STAT. 4947]]

                    ``(viii) information regarding the acceptance by the 
                institution of transfer of credits, including military 
                credits;
                    ``(ix) any conditions or additional requirements, 
                including training, experience, or examinations, 
                required to obtain the license, certification, or 
                approval for which the course of education is designed 
                to provide preparation; and
                    ``(x) other information to facilitate comparison by 
                the individual of aid packages offered by different 
                educational institutions.
            ``(B) <<NOTE: Deadline.>>  Not later than 15 days after the 
        date on which the institution (or the governing body of the 
        institution) determines tuition rates and fees for an academic 
        year that is different than the amount being charged by the 
        institution, provide a covered individual enrolled in a course 
        of education at the educational institution with the form under 
        subparagraph (A) that contains updated information.
            ``(C) Maintain policies to--
                    ``(i) inform each covered individual enrolled in a 
                course of education at the educational institution of 
                the availability of Federal financial aid not 
                administered by the Secretary and financial aid offered 
                by the institution; and
                    ``(ii) alert such individual of the potential 
                eligibility of the individual for such financial aid 
                before packaging or arranging student loans or 
                alternative financing programs for the individual.
            ``(D) Maintain policies to--
                    ``(i) prohibit the automatic renewal of a covered 
                individual in courses and programs of education; and
                    ``(ii) ensure that each covered individual approves 
                of the enrollment of the individual in a course.
            ``(E) Provide to a covered individual enrolled in a course 
        of education at the educational institution with information 
        regarding the requirements to graduate from such course, 
        including information regarding when required classes will be 
        offered and a timeline to graduate.
            ``(F) <<NOTE: Determination.>>  With respect to an 
        accredited educational institution, obtain the approval of the 
        accrediting agency for each new course or program of the 
        institution before enrolling covered individuals in such courses 
        or programs if the accrediting agency determines that such 
        approval is appropriate under the substantive change 
        requirements of the accrediting agency regarding the quality, 
        objectives, scope, or control of the institution.
            ``(G) Maintain a policy that--
                    ``(i) ensures that members of the Armed Forces, 
                including the reserve components and the National Guard, 
                who enroll in a course of education at the educational 
                institution may be readmitted at such institution if 
                such members are temporarily unavailable or have to 
                suspend such enrollment by reason of serving in the 
                Armed Forces; and
                    ``(ii) otherwise accommodates such members during 
                short absences by reason of such service.
            ``(H) <<NOTE: Designation.>>  Designate an employee of the 
        educational institution to serve as a point of contact for 
        covered individuals and the family of such individuals needing 
        assistance with respect to

[[Page 134 STAT. 4948]]

        academic counseling, financial counseling, disability 
        counseling, and other information regarding completing a course 
        of education at such institution, including by referring such 
        individuals and family to the appropriate persons for such 
        counseling and information.

    ``(2) <<NOTE: Determination.>>  Except as provided by paragraph (5), 
a State approving agency, or the Secretary when acting in the role of 
the State approving agency, shall take an action described in paragraph 
(4)(A) if the State approving agency, the Secretary, or any Federal 
agency, determines that an educational institution does any of the 
following:
            ``(A) Carries out deceptive or persistent recruiting 
        techniques, including on military installations, that may 
        include--
                    ``(i) misrepresentation (as defined in section 
                3696(e)(2)(B) of this title) or payment of incentive 
                compensation;
                    ``(ii) <<NOTE: Time period.>>  during any 1-month 
                period making three or more unsolicited contacts to a 
                covered individual, including contacts by phone, email, 
                or in-person; or
                    ``(iii) engaging in same-day recruitment and 
                registration.
            ``(B) Pays inducements, including any gratuity, favor, 
        discount, entertainment, hospitality, loan, transportation, 
        lodging, meals, or other item having a monetary value of more 
        than a de minimis amount, to any individual or entity, or its 
        agents including third party lead generators or marketing firms 
        other than salaries paid to employees or fees paid to 
        contractors in conformity with all applicable laws for the 
        purpose of securing enrollments of covered individuals or 
        obtaining access to educational assistance under this title, 
        with the exception of scholarships, grants, and tuition 
        reductions provided by the educational institution.

    ``(3) <<NOTE: Determination.>>  A State approving agency, or the 
Secretary when acting in the role of the State approving agency, shall 
take an action described in paragraph (4)(A) if the State approving 
agency or the Secretary, when acting in the role of the State approving 
agency, determines that an educational institution is the subject of a 
negative action made by the accrediting agency that accredits the 
institution, including any of the following:
            ``(A) Accreditor sanctions.
            ``(B) Accreditation probation.
            ``(C) The loss of accreditation or candidacy for 
        accreditation.

    ``(4)(A) An action described in this subparagraph is any of the 
following:
            ``(i) <<NOTE: Recommenda- tions. Web posting.>>  Submitting 
        to the Secretary a recommendation that the Secretary publish a 
        warning on the internet website of the Department described in 
        section 3698(c)(2) of this title, or such other similar internet 
        website of the Department, that describes how an educational 
        institution is failing to meet a requirement under paragraph 
        (1), (2), or (3).
            ``(ii) Disapproving a course for purposes of this chapter.

    ``(B)(i) <<NOTE: Guidelines.>>  The Secretary shall establish 
guidelines to ensure that the actions described in subparagraph (A) are 
applied in a proportional and uniform manner by State approving 
agencies, or the Secretary when acting in the role of the State 
approving agency.

[[Page 134 STAT. 4949]]

    ``(ii) Each State approving agency and the Secretary, when acting in 
the role of the State approving agency, shall adhere to the guidelines 
established under clause (i).
    ``(C) <<NOTE: Consultation.>>  The State approving agency, in 
consultation with the Secretary, or the Secretary when acting in the 
role of the State approving agency, may limit an action described in 
subparagraph (A)(ii) to individuals not enrolled at the educational 
institution before the period described in such subparagraph.

    ``(5)(A) <<NOTE: Waiver authority. Time period.>>  The Secretary may 
waive the requirements of paragraph (1) or waive the requirements of 
paragraph (2) with respect to an educational institution for a 1-
academic-year period beginning in August of the year in which the waiver 
is made. A single educational institution may not receive waivers under 
this paragraph for more than 2 consecutive academic years.

    ``(B) To be considered for a waiver under this paragraph, an 
educational institution shall submit to the Secretary an application 
prior to the first day of the academic year for which the waiver is 
sought.
    ``(6) <<NOTE: Reports.>>  Not later than October 1 of each year, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives the following reports:
            ``(A) <<NOTE: Public information. Summaries.>>  A report, 
        which shall be made publicly available, that includes the 
        following:
                    ``(i) A summary of each action described in 
                paragraph (4)(A) made during the year covered by the 
                report, including--
                          ``(I) the name of the educational institution;
                          ``(II) the type of action taken;
                          ``(III) the rationale for the action, 
                      including how the educational institution was not 
                      in compliance with this subsection;
                          ``(IV) the length of time that the educational 
                      institution was not in such compliance; and
                          ``(V) <<NOTE: Time period.>>  whether the 
                      educational institution was also not in compliance 
                      with this subsection during any of the 2 years 
                      prior to the year covered by the report.
                    ``(ii) A summary and justifications for the waivers 
                made under paragraph (5) during the year covered by the 
                report, including the total number of waivers each 
                educational institution has received.
            ``(B) <<NOTE: Recommenda- tions. Determination.>>  A report 
        containing the recommendations of the Secretary with respect to 
        any legislative actions the Secretary determines appropriate to 
        ensure that this subsection is carried out in a manner that is 
        consistent with the requirements that educational institutions 
        must meet for purposes of other departments or agencies of the 
        Federal Government.

    ``(7) <<NOTE: Definition.>>  In this subsection, the term `covered 
individual' means an individual who is pursuing a course of education at 
an educational institution under chapter 30, 31, 32, 33, or 35 of this 
title, or chapter 1606 or 1607 of title 10.''.

    (b) <<NOTE: Effective date. 38 USC 3679 note.>>  Application Date.--
The amendment made by this section shall take effect on June 15, 2021, 
and shall apply to an educational institution beginning on August 1, 
2021, except that an educational institution may submit an application 
for a waiver under subsection (f)(5) of section 3679 of title 38, United 
States Code, as added by subsection (a), beginning on June 15, 2021.

[[Page 134 STAT. 4950]]

SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS.

    (a) In General.--Subsection (b) of section 3685 of title 38, United 
States Code, is amended to read as follows:
    ``(b) Any overpayment to a veteran or eligible person with respect 
to pursuit by the veteran or eligible person of a program of education 
at an educational institution shall constitute a liability of the 
educational institution to the United States if--
            ``(1) the Secretary finds that the overpayment has been made 
        as the result of--
                    ``(A) the willful or negligent failure of an 
                educational institution to report, as required under 
                this chapter or chapter 34 or 35 of this title, to the 
                Department of Veterans Affairs excessive absences from a 
                course, or discontinuance or interruption of a course by 
                the veteran or eligible person; or
                    ``(B) the willful or negligent false certification 
                by an educational institution; or
            ``(2) the benefit payment sent to an educational institution 
        on behalf of an eligible veteran or person is made pursuant to--
                    ``(A) section 3313(h) of this title;
                    ``(B) section 3317 of this title; or
                    ``(C) section 3680(d) of this title; or
                    ``(D) section 3320(d) of this title.''.

    (b) Clarifying Amendment.--Subsection (a) of such section is further 
amended by inserting ``relating to educational assistance under a law 
administered by the Secretary'' after ``made to a veteran or eligible 
person''.
SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING, 
                          SALES, AND ENROLLMENT PRACTICES.

    (a) Prohibition on Substantial Misrepresentation.--
            (1) In general.--Section 3696 of title 38, United States 
        Code, is amended to read as follows:
``Sec. 3696. Prohibition on certain advertising, sales, and 
                  enrollment practices

    ``(a) Prohibition on Engaging in Substantial Misrepresentation.--An 
educational institution with a course or program of education approved 
under this chapter, and an entity that owns such an educational 
institution, shall not engage in substantial misrepresentation described 
in subsection (b).
    ``(b) Substantial Misrepresentation Described.--(1) Substantial 
misrepresentation described in this paragraph is substantial 
misrepresentation by an educational institution, a representative of the 
institution, or any person with whom the institution has an agreement to 
provide educational programs, marketing, advertising, recruiting or 
admissions services, concerning any of the following:
            ``(A) The nature of the educational program of the 
        institution, including misrepresentation regarding--
                    ``(i) the particular type, specific source, or 
                nature and extent, of the accreditation of the 
                institution or a course of education at the institution;
                    ``(ii) whether a student may transfer course credits 
                to another institution;

[[Page 134 STAT. 4951]]

                    ``(iii) conditions under which the institution will 
                accept transfer credits earned at another institution;
                    ``(iv) whether successful completion of a course of 
                instruction qualifies a student--
                          ``(I) for acceptance to a labor union or 
                      similar organization; or
                          ``(II) to receive, to apply to take, or to 
                      take an examination required to receive a local, 
                      State, or Federal license, or a nongovernmental 
                      certification required as a precondition for 
                      employment, or to perform certain functions in the 
                      States in which the educational program is 
                      offered, or to meet additional conditions that the 
                      institution knows or reasonably should know are 
                      generally needed to secure employment in a 
                      recognized occupation for which the program is 
                      represented to prepare students;
                    ``(v) the requirements for successfully completing 
                the course of study or program and the circumstances 
                that would constitute grounds for terminating the 
                student's enrollment;
                    ``(vi) whether the courses of education at the 
                institution are recommended or have been the subject of 
                unsolicited testimonials or endorsements by--
                          ``(I) vocational counselors, high schools, 
                      colleges, educational organizations, employment 
                      agencies, members of a particular industry, 
                      students, former students, or others; or
                          ``(II) officials of a local or State 
                      government or the Federal Government;
                    ``(vii) the size, location, facilities, or equipment 
                of the institution;
                    ``(viii) the availability, frequency, and 
                appropriateness of the courses of education and programs 
                to the employment objectives that the institution states 
                the courses and programs are designed to meet;
                    ``(ix) the nature, age, and availability of the 
                training devices or equipment of the institution and the 
                appropriateness to the employment objectives that the 
                institution states the courses and programs are designed 
                to meet;
                    ``(x) the number, availability, and qualifications, 
                including the training and experience, of the faculty 
                and other personnel of the institution;
                    ``(xi) the availability of part-time employment or 
                other forms of financial assistance;
                    ``(xii) the nature and availability of any tutorial 
                or specialized instruction, guidance and counseling, or 
                other supplementary assistance the institution will 
                provide students before, during, or after the completion 
                of a course of education;
                    ``(xiii) the nature or extent of any prerequisites 
                established for enrollment in any course of education;
                    ``(xiv) the subject matter, content of the course of 
                education, or any other fact related to the degree, 
                diploma, certificate of completion, or any similar 
                document that the student is to be, or is, awarded upon 
                completion of the course of education; and

[[Page 134 STAT. 4952]]

                    ``(xv) whether the degree that the institution will 
                confer upon completion of the course of education has 
                been authorized by the appropriate State educational 
                agency, including with respect to cases where the 
                institution fails to disclose facts regarding the lack 
                of such authorization in any advertising or promotional 
                materials that reference such degree.
            ``(B) The financial charges of the institution, including 
        misrepresentation regarding--
                    ``(i) offers of scholarships to pay all or part of a 
                course charge;
                    ``(ii) whether a particular charge is the customary 
                charge at the institution for a course;
                    ``(iii) the cost of the program and the refund 
                policy of the institution if the student does not 
                complete the program;
                    ``(iv) the availability or nature of any financial 
                assistance offered to students, including a student's 
                responsibility to repay any loans, regardless of whether 
                the student is successful in completing the program and 
                obtaining employment; and
                    ``(v) the student's right to reject any particular 
                type of financial aid or other assistance, or whether 
                the student must apply for a particular type of 
                financial aid, such as financing offered by the 
                institution.
            ``(C) The employability of the graduates of the institution, 
        including misrepresentation regarding--
                    ``(i) the relationship of the institution with any 
                organization, employment agency, or other agency 
                providing authorized training leading directly to 
                employment;
                    ``(ii) the plans of the institution to maintain a 
                placement service for graduates or otherwise assist 
                graduates to obtain employment;
                    ``(iii) the knowledge of the institution about the 
                current or likely future conditions, compensation, or 
                employment opportunities in the industry or occupation 
                for which the students are being prepared;
                    ``(iv) job market statistics maintained by the 
                Federal Government in relation to the potential 
                placement of the graduates of the institution; and
                    ``(v) other requirements that are generally needed 
                to be employed in the fields for which the training is 
                provided, such as requirements related to commercial 
                driving licenses or permits to carry firearms, and 
                failing to disclose factors that would prevent an 
                applicant from qualifying for such requirements, such as 
                prior criminal records or preexisting medical 
                conditions.

    ``(2) <<NOTE: Definitions.>>  In this subsection:
            ``(A) The term `misleading statement' includes any 
        communication, action, omission, or intimation made in writing, 
        visually, orally, or through other means, that has the 
        likelihood or tendency to mislead the intended recipient of the 
        communication under the circumstances in which the communication 
        is made. Such term includes the use of student endorsements or 
        testimonials for an educational institution that a student gives 
        to the institution either under duress or because the 
        institution required the student to make such an endorsement or 
        testimonial to participate in a program of education.

[[Page 134 STAT. 4953]]

            ``(B) The term `misrepresentation' means any false, 
        erroneous, or misleading statement, action, omission, or 
        intimation made directly or indirectly to a student, a 
        prospective student, the public, an accrediting agency, a State 
        agency, or to the Secretary by an eligible institution, one of 
        its representatives, or any person with whom the institution has 
        an agreement to provide educational programs, marketing, 
        advertising, recruiting or admissions services.
            ``(C) The term `substantial misrepresentation' means 
        misrepresentation in which the person to whom it was made could 
        reasonably be expected to rely, or has reasonably relied, to 
        that person's detriment.

    ``(c) Limitation on Certain Commissions, Bonuses, and Other 
Incentive Payments.--An educational institution with a course or program 
of education approved under this chapter, and an entity that owns such 
an educational institution, shall not provide any commission, bonus, or 
other incentive payment based directly or indirectly on success in 
securing enrollments or financial aid to any persons or entities engaged 
in any student recruiting or admission activities or in making decisions 
regarding the award of student financial assistance.
    ``(d) <<NOTE: Compliance. Time period.>>  Requirement to Maintain 
Records.--(1) To ensure compliance with this section, any educational 
institution offering courses approved for the enrollment of eligible 
persons or veterans shall maintain a complete record of all advertising, 
sales, or enrollment materials (and copies thereof) utilized by or on 
behalf of the institution during the preceding two-year period. Such 
record shall be available for inspection by the State approving agency 
or the Secretary.

    ``(2) Such materials shall include but are not limited to any direct 
mail pieces, brochures, printed literature used by sales persons, films, 
video tapes, and audio tapes disseminated through broadcast media, 
material disseminated through print, digital, or electronic media, tear 
sheets, leaflets, handbills, fliers, and any sales or recruitment 
manuals used to instruct sales personnel, agents, or representatives of 
such institution.
    ``(e) <<NOTE: Investigations.>>  Agreement With Federal Trade 
Commission.--(1) The Secretary shall, pursuant to section 3694 of this 
title, enter into an agreement with the Federal Trade Commission to 
utilize, where appropriate, its services and facilities, consistent with 
its available resources, in carrying out investigations and making the 
Under Secretary of Benefit's preliminary findings under subsection 
(g)(1).

    ``(2) Such agreement shall provide that cases arising under 
subsection (a) of this section or any similar matters with respect to 
any of the requirements of this chapter or chapters 34 and 35 of this 
title may be referred to the Federal Trade Commission which in its 
discretion will conduct an investigation and make preliminary findings.
    ``(3) <<NOTE: Deadline.>>  The findings and results of any 
investigation under paragraph (2) shall be referred to the Under 
Secretary for Benefits, who shall take appropriate action under 
subsection (g) in such cases not later than 60 days after the date of 
such referral.

    ``(f) <<NOTE: Deadlines.>>  Final Judgments From Other Federal 
Agencies.--Whenever the Secretary becomes aware of a final judgment by a 
Federal agency against an educational institution or owner of an 
educational institution pertaining to substantial misrepresentation 
described in subsection (b) or of other credible evidence relating

[[Page 134 STAT. 4954]]

to a violation of subsection (a), the Secretary, in partnership with the 
applicable State approving agency, shall--
            ``(1) within 30 days, alert the educational institution or 
        owner that it is at risk of losing approval under this chapter 
        of its courses or programs of education;
            ``(2) provide the educational institution or owner 60 days 
        to provide any information it wishes to the Secretary;
            ``(3) <<NOTE: Requirement. Reports.>>  require the 
        educational institution or owner to submit to the Secretary a 
        report prepared by an approved third-party auditor of the 
        advertising and enrollment practices of the educational 
        institution or owner; and
            ``(4) refer the matter to the Under Secretary of Benefits, 
        who may thereafter make a preliminary finding under subsection 
        (g).

    ``(g) Preliminary Findings, Final Determinations, and Processes.--
(1) The Under Secretary for Benefits shall make preliminary findings and 
final determinations on violations of subsections (a), (c), and (d).
    ``(2)(A) The Under Secretary shall establish a process for making 
preliminary findings and final determinations under paragraph (1).
    ``(B) The process established under subparagraph (A) shall--
            ``(i) clearly define what triggers an oversight visit by the 
        Under Secretary for purposes of enforcing subsections (a), (c), 
        and (d);
            ``(ii) set forth factors an educational institution, or the 
        owner of the educational institution, must meet in order to 
        retain approval status under this section, including with 
        respect to the factors set forth under subsection (h)(2);
            ``(iii) include a process for the provision of notice to an 
        educational institution, or the owner of the educational 
        institution, that the Under Secretary has made a preliminary 
        finding under paragraph (1) that the education institution or 
        owner has violated subsection (a), (c), or (d), which the Under 
        Secretary shall provide to the educational institution or owner 
        within such period after making the preliminary finding as the 
        Under Secretary shall establish for purposes of this clause, 
        except that, in every case, such period shall end before the 
        date on which the Under Secretary makes a final determination 
        under such paragraph; and
            ``(iv) include--
                    ``(I) a process for receipt of findings from a 
                third-party pertinent to this section; and
                    ``(II) a process for an educational institution or 
                an owner to provide such information as the educational 
                institution or owner determines appropriate to the 
                Secretary, including information about corrective 
                actions the educational institution or owner may have 
                taken in response to preliminary findings under 
                paragraph (1).

    ``(C) The process established under subparagraph (A) shall not 
prohibit a State approving agency from--
            ``(i) independently investigating a potential violation of 
        subsection (a), (c), or (d); or
            ``(ii) taking action if the State approving agency finds a 
        violation of subsection (a), (c), or (d).

    ``(3) Upon a preliminary finding under this subsection of a 
violation of subsection (a), (c), or (d) by an educational institution, 
or the owner of an educational institution, the Under Secretary

[[Page 134 STAT. 4955]]

shall require the educational institution or owner to submit to the 
Under Secretary a report prepared by an approved third-party auditor of 
the advertising and enrollment practices of the educational institution 
or owner.
    ``(4)(A) <<NOTE: Reviews.>>  Before making a final determination 
under this subsection regarding a violation of subsection (a), (c), or 
(d) by an educational institution or owner of an educational 
institution, the Under Secretary shall--
            ``(i) review the practices of the educational institution or 
        owner that pertain to activities and practices covered by 
        subsections (a), (c), and (d);
            ``(ii) consider the results of a risk-based survey conducted 
        by a State approving agency, if available; and
            ``(iii) review--
                    ``(I) the findings and information received pursuant 
                to the processes established under paragraph 
                (2)(B)(iii);
                    ``(II) in a case in which a report was submitted 
                under subsection (f)(3), such report;
                    ``(III) the report submitted under paragraph (3)(B) 
                of this subsection;
                    ``(IV) any findings and results submitted under 
                subsection (e)(3);
                    ``(V) the marketing and outreach material of the 
                educational institution and the contractors of the 
                educational institution.

    ``(B) The Under Secretary may not make a final determination under 
this subsection solely based on preliminary findings.
    ``(5) The Under Secretary may not delegate authority to make a final 
determination under this subsection, including to any employee of the 
Department or to the Federal Trade Commission.
    ``(h) <<NOTE: Determination.>>  Enforcement.--(1)(A) Upon a final 
determination by the Under Secretary for Benefits under subsection (g) 
that an educational institution or the owner of an educational 
institution violated subsection (a), (c), or (d), the Under Secretary 
shall, but subject to subparagraphs (B), (C), and (D) of this paragraph, 
take one of the following actions independent of any actions taken under 
section 3690 of this title:
            ``(i) <<NOTE: Publication.>>  Publish a caution flag on the 
        GI Bill Comparison Tool, or successor tool, about that 
        educational institution and alert its currently enrolled 
        eligible veterans and eligible persons.
            ``(ii) Suspend the approval of the courses and programs of 
        education offered by the educational institution by disapproving 
        new enrollments of eligible veterans and eligible persons in 
        each course or program of education offered by that educational 
        institution.
            ``(iii) Revoke the approval of the courses and programs of 
        education offered by the educational institution by disapproving 
        all enrollments of eligible veterans and eligible persons in 
        each course or program of education offered by that educational 
        institution.

    ``(B) In deciding upon a course of action under subparagraph (A), 
for the first violation of this section, the Secretary shall consider 
the factors set forth in paragraph (2).
    ``(C) <<NOTE: Time period.>>  Subject to subsection (i), any repeat 
violation and final finding within five years of the first violation of 
this section shall result in--

[[Page 134 STAT. 4956]]

            ``(i) a suspension of approval of new enrollments as 
        described in subparagraph (A)(ii) of this paragraph until 
        reinstatement under subsection (j); or
            ``(ii) a revocation of approval under this chapter as 
        described in subparagraph (A)(iii) of this paragraph until 
        reinstatement under subsection (j).

    ``(D) <<NOTE: Time period.>>  Subject to subsection (i), any third 
violation within three years of the second violation of this section 
shall result in revocation of approval under this chapter as described 
in subparagraph (A)(iii) of this paragraph until reinstatement under 
subsection (j).

    ``(E) <<NOTE: Deadline.>>  Any action taken under subparagraph (A) 
of this paragraph regarding a violation of subsection (a), (c), or (d) 
by an educational institution or the owner of an educational institution 
shall be taken on or before the date that is 180 days after the date on 
which the Under Secretary provided notice to the educational institution 
or owner regarding the violation in accordance with the process 
established under subsection (g)(2)(B)(iii).

    ``(2) The factors set forth in this paragraph are the following:
            ``(A) That the Secretary's action brings sufficient 
        deterrence for future fraud against students and the programs of 
        education carried out under this title. Fraud against veterans 
        must be met with a repercussion strong enough to send a 
        deterrent message to this and other educational institutions and 
        owners.
            ``(B) That the educational institution has secured an 
        approved third-party auditor to verify the educational 
        institution's, or owner's, advertising and enrollment practices 
        for at least three years going forward.
            ``(C) That the educational institution or owner has 
        repudiated the deceptive practices and has communicated to all 
        employees that deceptive practices will not be tolerated, and 
        has instituted strong governance procedures to prevent 
        recurrence.
            ``(D) That the educational institution has taken steps to 
        remove any pressure on its enrollment recruiters, including by 
        removing enrollment quotas and incentives for enrollment.
            ``(E) That the State approving agency or the Secretary 
        acting in the role of the State approving agency, has completed 
        a risk-based survey and determined the educational institution 
        is worthy of serving eligible veterans and eligible persons.

    ``(3) Enforcement action under this section shall not preclude 
enforcement action under section 3690 of this title.
    ``(4) No action may be carried out under this subsection with 
respect to a final determination by the Under Secretary under subsection 
(g) while such final determination is pending review under subsection 
(i).
    ``(i) Appeals.--(1) The Secretary shall establish a process by which 
an educational institution or the owner of an educational institution 
that is the subject of more than one final determination by the Under 
Secretary under subsection (g)(1) that the educational institution or 
owner violated subsection (a), may request a review of the most recent 
final determination.
    ``(2)(A) The Secretary shall--
            ``(i) <<NOTE: Review.>>  review each final determination for 
        which a review is requested under paragraph (1); and
            ``(ii) pursuant to such review, issue a final decision 
        sustaining, modifying, or overturning the final determination.

[[Page 134 STAT. 4957]]

    ``(B) The Secretary may not delegate any decision under subparagraph 
(A).
    ``(C)(i) Review under subparagraph (A)(i) of this paragraph shall be 
the exclusive avenue for review of a final determination under 
subsection (g)(1).
    ``(ii) A decision issued pursuant to a review under subparagraph 
(A)(i) may not be appealed to the Secretary for review under section 
7104(a) of this title.
    ``(3)(A) <<NOTE: Reports.>>  Not later than 30 days after the date 
on which the Secretary issues a final decision under paragraph 
(2)(A)(ii), the Secretary shall submit to Congress a report on such 
final decision.

    ``(B) A report submitted under subparagraph (A) shall include the 
following:
            ``(i) An outline of the decisionmaking process of the 
        Secretary that led to the final decision described in 
        subparagraph (A).
            ``(ii) <<NOTE: Surveys.>>  Any relevant material used to 
        make the final decision under paragraph (2)(A)(ii), including 
        risk-based surveys and documentation from the educational 
        institution or the owners of the educational institution.
            ``(iii) Materials that were submitted to the Secretary after 
        the date of the final determination under subsection (g) that 
        was the subject of the final decision under paragraph (2)(A)(ii) 
        of this subsection and before the date on which the Secretary 
        issued such final decision.

    ``(j) Reinstatement of Approval.--(1) If an educational institution 
or the owner of an educational institution has had the approval of the 
courses or programs of education of the educational institution 
suspended as described in clause (ii) of subsection (h)(1)(A) or revoked 
as described in clause (iii) of such subsection for a violation of 
subsection (a), (c), or (d) pursuant to subparagraph (C) or (D) of 
subsection (h)(1), the educational institution or owner may submit to 
the applicable State approving agency or the Secretary when acting as a 
State approving agency an application for reinstatement of approval 
under this subsection.
    ``(2) Approval under this chapter may not be reinstated under this 
subsection until--
            ``(A) the educational institution or owner submits to the 
        applicable State approving agency or the Secretary when acting 
        as a State approving agency an application for reinstatement of 
        approval under paragraph (1);
            ``(B) <<NOTE: Effective date.>>  the date that is 540 days 
        after the date of the most recent suspension or revocation 
        described in paragraph (1) of the educational institution or 
        owner;
            ``(C) <<NOTE: Reports.>>  the educational institution 
        submits a report by an approved third-party auditor on the 
        advertising and enrollment practices of the educational 
        institution, including those of its third-party contractors;
            ``(D) <<NOTE: Procedures.>>  procedures are in place to 
        prevent any future violation of subsection (a), (c), or (d);
            ``(E) that the educational institution has met all factors 
        set forth in subsection (h)(2); and
            ``(F) the Secretary agrees to such reinstatement.

    ``(k) Rule of Construction Regarding State Approving Agencies and 
Risk-based Surveys.--Nothing in this section shall be construed to 
prohibit a State approving agency from conducting

[[Page 134 STAT. 4958]]

any risk-based survey the State approving agency considers appropriate 
at any educational institution that it considers appropriate for 
oversight purposes.
    ``(l) Definitions.--In this section:
            ``(1) The term `approved third-party auditor' means an 
        independent third-party auditor that is approved by the 
        Secretary for purposes of third-party audits under this section.
            ``(2) The term `risk-based survey' means the risk-based 
        survey developed under section 3673A of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 36 of such title <<NOTE: 38 USC 3679 
        prec.>>  is amended by striking the item relating to section 
        3696 and inserting the following new item:

``3696. Prohibition on certain advertising, sales, and enrollment 
           practices.''.

    (b) Requirements for Nonaccredited Courses.--Paragraph (10) of 
section 3676(c) of such title is amended to read as follows:
            ``(10) The institution, and any entity that owns the 
        institution, does not engage in substantial misrepresentation 
        described in section 3696(e) of this title. The institution 
        shall not be deemed to have met this requirement until the State 
        approving agency--
                    ``(A) has ascertained that no Federal department or 
                agency has taken a punitive action, not including a 
                settlement agreement, against the school for misleading 
                or deceptive practices;
                    ``(B) has, if such an order has been issued, given 
                due weight to that fact; and
                    ``(C) <<NOTE: Time period.>>  has reviewed the 
                complete record of advertising, sales, or enrollment 
                materials (and copies thereof) used by or on behalf of 
                the institution during the preceding 12-month period.''.

    (c) <<NOTE: 38 USC 3676 note.>>  Application Date.--The amendments 
made by this section shall take effect on August 1, 2021.
SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR 
                          INDIVIDUALS WHO DO NOT TRANSFER CREDITS 
                          FROM CERTAIN CLOSED OR DISAPPROVED 
                          PROGRAMS OF EDUCATION.

    (a) In General.--Subsection (c) of section 3699 of title 38, United 
States Code, is amended to read as follows:
    ``(c) Period Not Charged.--(1) The period for which, by reason of 
this subsection, educational assistance is not charged against 
entitlement or counted toward the applicable aggregate period under 
section 3695 of this title shall not exceed the aggregate of--
            ``(A) the portion of the period of enrollment in the course 
        from which the individual did not receive credit or with respect 
        to which the individual lost training time, as determined under 
        subsection (b)(2); and
            ``(B) the period by which a monthly stipend is extended 
        under section 3680(a)(2)(B) of this title.

    ``(2)(A) An individual described in subparagraph (B) who transfers 
fewer than 12 credits from a program of education that is closed or 
disapproved as described in subsection (b)(1) shall be deemed to be an 
individual who did not receive such credits, as described in subsection 
(b)(2), except that the period for which

[[Page 134 STAT. 4959]]

such individual's entitlement is not charged shall be the entire period 
of the individual's enrollment in the program of education. In 
carrying <<NOTE: Consultation. Procedures. Determination.>>  out this 
subparagraph, the Secretary, in consultation with the Secretary of 
Education, shall establish procedures to determine whether the 
individual transferred credits to a comparable course or program of 
education.

    ``(B) An individual described in this subparagraph is an individual 
who is enrolled in a course or program of education closed or 
discontinued as described in subsection (b)(1) during the period 
beginning on the date that is 120 days before the date of such closure 
or discontinuance and ending on the date of such closure or 
discontinuance, as the case may be.
    ``(C) <<NOTE: Applicability. Effective date.>>  This paragraph shall 
apply with respect to a course or program of education closed or 
discontinued before September 30, 2023.''.

    (b) <<NOTE: 38 USC 3699 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on August 1, 2021.
SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF FOR-PROFIT 
                          EDUCATIONAL INSTITUTIONS CONVERTED TO 
                          NONPROFIT EDUCATIONAL INSTITUTIONS.

    (a) In General.--Subchapter II of chapter 36 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 3699B. <<NOTE: 38 USC 3699B.>>  Treatment of certain for-
                    profit educational institutions

    ``(a) <<NOTE: Surveys. Time period.>>  In General.--In the case of 
any for-profit educational institution that is converted to a nonprofit 
educational institution, the State approving agency or the Secretary 
when acting as a State approving agency shall conduct annual risk-based 
surveys of the institution during the three-year period beginning on the 
date on which the educational institution is so converted.

    ``(b) Risk-based Survey Defined.--In this section, the term `risk-
based survey' means the risk-based survey developed under section 3673A 
of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 38 USC 3670 prec.>>  is amended by inserting after 
the item relating to section 3699A the following new item:

``3699B. Treatment of certain for-profit educational institutions.''.

    (c) <<NOTE: 38 USC 3699B note.>>  Applicability.--Section 3699B of 
title 38, United States Code, as added by subsection (a), shall apply 
with respect to the conversion of a for-profit educational institution 
to a nonprofit educational institution that occurs on or after the date 
of the enactment of this Act.
SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT 
                          OUTREACH ACTIVITIES.

    Section 3673 of title 38, United States Code, as amended by section 
1014 of this title, is further amended by adding at the end the 
following new subsection:
    ``(f) Outreach Activities.--(1) A State approving agency may conduct 
outreach activities if--
            ``(A) the State approving agency has properly conducted its 
        enforcement and approval of courses and programs of education 
        under this chapter; and
            ``(B) funds are still available to do so.

[[Page 134 STAT. 4960]]

    ``(2) For purposes of paragraph (1)(A), a State approving agency 
shall be considered to have properly conducted its enforcement and 
approval of courses and programs of education under this chapter if the 
State approving agency has--
            ``(A) met fulfilled its requirements pursuant to the 
        applicable cooperative agreements between the State approving 
        agency and the Department relating to the oversight and approval 
        of courses and programs of education under this chapter; and
            ``(B) <<NOTE: Surveys.>>  completed a risk-based survey of 
        any course or program of education determined to be of 
        questionable quality or at risk by any Federal or State agency 
        or any accrediting agency.

    ``(3) Outreach activities conducted under paragraph (1) shall be 
carried out using amounts derived from amounts not specifically 
appropriated to carry out this subsection.''.
SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF STATE 
                          APPROVING AGENCIES.

    (a) In General.--Section 3671 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(c) A State department or agency may not be recognized as a State 
approving agency designated under this section if such State department 
or agency is administered at or colocated with a university or 
university system whose courses or programs of education would be 
subject to approval under this chapter by the State approving agency in 
that State.''.
    (b) <<NOTE: 38 USC 3671 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on the date that is 180 days after 
the date of the enactment of this Act.
SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING AND 
                          REHABILITATION FOR CERTAIN VETERANS WITH 
                          SERVICE-CONNECTED DISABILITIES.

    (a) In General.--Section 3103 of title 38, United States Code, is 
amended--
            (1) in subsection (a), by striking ``or (e)'' and inserting 
        ``(e), or (g)''; and
            (2) by adding at the end the following new subsection:

    ``(g) <<NOTE: Effective date.>>  Subsection (a) shall not apply to a 
veteran who was discharged or released from active military, naval, or 
air service on or after January 1, 2013.''.

    (b) Conforming Amendment.--Section 6(c) of the Student Veteran 
Coronavirus Response Act of 2020 (134 Stat. 633; Public Law 116-140) is 
amended by striking paragraph (1).

                     Subtitle B--Pandemic Assistance

SEC. 1101. <<NOTE: 38 USC 3001 note prec.>>  DEFINITIONS.

    In this subtitle:
            (1) Covered program of education.--The term ``covered 
        program of education'' means a program of education (as defined 
        in section 3002 of title 38, United States Code) approved by a 
        State approving agency, or the Secretary of Veterans Affairs 
        when acting in the role of a State approving agency.
            (2) COVID-19 emergency.--The term ``COVID-19 emergency'' 
        means the public health emergency declared pursuant to section 
        319 of the Public Health Service Act on January

[[Page 134 STAT. 4961]]

        31, 2020, entitled ``Determination that a Public Health 
        Emergency Exists Nationwide as the Result of the 2019 Novel 
        Coronavirus''.
            (3) Educational institution.--The term ``educational 
        institution'' has the meaning given that term in section 3452(c) 
        of title 38, United States Code, and includes an institution of 
        higher learning (as defined in such section).
            (4) State approving agency.--The term ``State approving 
        agency'' has the meaning given that term in section 3671 of 
        title 38, United States Code.
            (5) Training establishment.--The term ``training 
        establishment'' has the meaning given that term in section 
        3452(e) of title 38, United States Code.
            (6) Training.--The term ``training'' includes on-job 
        training and apprenticeship programs and vocational 
        rehabilitation programs.
SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS 
                          EDUCATIONAL ASSISTANCE BENEFITS DURING 
                          COVID-19 EMERGENCY.

    (a) <<NOTE: Determination.>>  Authority.--If the Secretary of 
Veterans Affairs determines under subsection (c) that an individual is 
negatively affected by the COVID-19 emergency, the Secretary may provide 
educational assistance to that individual under the laws administered by 
the Secretary as if such negative effects did not occur. <<NOTE: Time 
period.>>  The authority under this section is in addition to the 
authority provided under section 1 of Public Law 116-128 (38 U.S.C. 3001 
note prec.), but in no case may the Secretary provide more than a total 
of four weeks of additional educational assistance by reason of section 
4 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 
116-140; 38 U.S.C. 3680 note) and this section.

    (b) <<NOTE: Time periods.>>  Housing and Allowances.--In providing 
educational assistance to an individual pursuant to subsection (a), the 
Secretary may--
            (1) continue to pay a monthly housing stipend under chapter 
        33 of title 38, United States Code, during a month the 
        individual would have been enrolled in a program of education or 
        training but for the COVID-19 emergency at the same rate such 
        stipend would have been payable if the individual had not been 
        negatively affected by the COVID-19 emergency, except that the 
        total number of weeks for which stipends may continue to be so 
        payable may not exceed four weeks; and
            (2) continue to pay payments or subsistence allowances under 
        chapters 30, 31, 32, 33, and 35 of such title and chapter 1606 
        of title 10, United States Code, during a month for a period of 
        time that the individual would have been enrolled in a program 
        of education or training but for the COVID-19 emergency, except 
        that the total number of weeks for which payments or allowances 
        may continue to be so payable may not exceed four weeks.

    (c) Determination of Negative Effects.--The Secretary shall 
determine that an individual was negatively affected by the COVID-19 
emergency if--
            (1) the individual is enrolled in a covered program of 
        education of an educational institution or enrolled in training 
        at a training establishment and is pursuing such program or

[[Page 134 STAT. 4962]]

        training using educational assistance under the laws 
        administered by the Secretary;
            (2) <<NOTE: Certification.>>  the educational institution or 
        training establishment certifies to the Secretary that such 
        program or training is truncated, delayed, relocated, canceled, 
        partially canceled, converted from being on-site to being 
        offered by distance learning, or otherwise modified or made 
        unavailable by reason of the COVID-19 emergency; and
            (3) the Secretary determines that the modification to such 
        program or training specified under paragraph (2) would reduce 
        the amount of educational assistance (including with respect to 
        monthly housing stipends, payments, or subsistence allowances) 
        that would be payable to the individual but for the COVID-19 
        emergency.

    (d) Effect on Entitlement Period.--If the Secretary determines that 
an individual who received assistance under this section did not make 
progress toward the completion of the program of education in which the 
individual is enrolled during the period for which the individual 
received such assistance, any assistance provided pursuant to this 
section shall not be counted for purposes of determining the total 
amount of an individual's entitlement to educational assistance, housing 
stipends, or payments or subsistence allowances under chapters 30, 31, 
32, and 35 of such title and chapter 1606 of title 10, United States 
Code.
    (e) Applicability Period.--This section shall apply during the 
period beginning on March 1, 2020, and ending on December 21, 2021.
SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND 
                          MODIFICATION OF COURSES BY REASON OF 
                          COVID-19 EMERGENCY.

    (a) Closure or Disapproval.--Any payment of educational assistance 
described in subsection (b) shall not--
            (1) be charged against any entitlement to educational 
        assistance of the individual concerned; or
            (2) be counted against the aggregate period for which 
        section 3695 of title 38, United States Code, limits the receipt 
        of educational assistance by such individual.

    (b) <<NOTE: Determination.>>  Educational Assistance Described.--
Subject to subsection (d), the payment of educational assistance 
described in this subsection is the payment of such assistance to an 
individual for pursuit of a course or program of education at an 
educational institution under chapter 30, 31, 32, 33, or 35 of title 38, 
United States Code, or chapter 1606 of title 10, United States Code, if 
the Secretary determines that the individual--
            (1) was unable to complete such course or program as a 
        result of--
                    (A) the closure of the educational institution, or 
                the full or partial cancellation of a course or program 
                of education, by reason of the COVID-19 emergency; or
                    (B) the disapproval of the course or a course that 
                is a necessary part of that program under chapter 36 of 
                title 38, United States Code, because the course was 
                modified by reason of such emergency; and
            (2) did not receive credit or lost training time, toward 
        completion of the program of education being so pursued.

[[Page 134 STAT. 4963]]

    (c) Housing Assistance.--In this section, educational assistance 
includes, as applicable--
            (1) monthly housing stipends payable under chapter 33 of 
        title 38, United States Code, for any month the individual would 
        have been enrolled in a course or program of education; and
            (2) payments or subsistence allowances under chapters 30, 
        31, 32, and 35 of such title and chapter 1606 of title 10, 
        United States Code, during a month the individual would have 
        been enrolled in a course or program of education.

    (d) Period Not Charged.--The period for which, by reason of this 
subsection, educational assistance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
title 38, United States Code, shall not exceed the aggregate of--
            (1) the portion of the period of enrollment in the course 
        from which the individual did not receive credit or with respect 
        to which the individual lost training time, as determined under 
        subsection (b)(2); and
            (2) the period by which a monthly stipend is extended under 
        section 3680(a)(2)(B) of title 38, United States Code.

    (e) Continuing Pursuit of Disapproved Courses.--
            (1) <<NOTE: Determination.>>  In general.--The Secretary may 
        treat a course of education that is disapproved under chapter 36 
        of title 38, United States Code, as being approved under such 
        chapter with respect to an individual described in paragraph (2) 
        if the Secretary determines, on a programmatic basis, that--
                    (A) such disapproval is the result of an action 
                described in subsection (b)(1)(B); and
                    (B) continuing pursuing such course is in the best 
                interest of the individual.
            (2) Individual described.--An individual described in this 
        paragraph is an individual who is pursuing a course of education 
        at an educational institution under chapter 30, 31, 32, 33, or 
        35 of title 38, United States Code, or chapter 1606 of title 10, 
        United States Code, as of the date on which the course is 
        disapproved as described in subsection (b)(1)(B).

    (f) Status as Full-Time Student for Purposes of Housing Stipend 
Calculation.--In the case of an individual who, as of the first day of 
the COVID-19 emergency was enrolled on a full-time basis in a program of 
education and was receiving educational assistance under chapter 33 of 
title 38, United States Code, or subsistence allowance under chapter 31 
of such title, and for whom the Secretary makes a determination under 
subsection (b), the individual shall be treated as an individual 
enrolled in a program of education on a full-time basis for the purpose 
of calculating monthly housing stipends payable under chapter 33 of 
title 38, United States Code, or subsistence allowance payable under 
chapter 31 of such title, for any month the individual is enrolled in 
the program of education on a part-time basis to complete any course of 
education that was partially or fully canceled by reason of the COVID-19 
emergency.
    (g) <<NOTE: Deadline.>>  Notice of Closures.--Not later than 5 
business days after the date on which the Secretary receives notice that 
an educational institution will close or is closed by reason of the 
COVID-19 emergency, the Secretary shall provide to each individual who 
is enrolled in a course or program of education at such educational

[[Page 134 STAT. 4964]]

institution using entitlement to educational assistance under chapter 
30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 
of title 10, United States Code, notice of--
            (1) such closure and the date of such closure; and
            (2) the effect of such closure on the individual's 
        entitlement to educational assistance pursuant to this section.

    (h) <<NOTE: Time period.>>  Applicability.--This section shall apply 
with respect to the closure of an educational institution, or the 
cancellation or modification of a course or program of education, that 
occurs during the period beginning on March 1, 2020, and ending on 
December 21, 2021.
SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF 
                          WITHDRAWAL.

    (a) <<NOTE: Time period.>>  In General.--In the case of any 
individual who withdraws from a program of education or training, other 
than a program by correspondence, in an educational institution under 
chapter 31, 34, or 35 of title 38, United States Code, for a covered 
reason during the period beginning on March 1, 2020, and ending on 
December 21, 2021, the Secretary of Veterans Affairs shall find 
mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) of 
title 38, United States Code.

    (b) <<NOTE: Definition.>>  Covered Reason.--In this section, the 
term ``covered reason'' means any reason related to the COVID-19 
emergency, including--
            (1) illness, quarantine, or social distancing requirements;
            (2) issues associated with COVID-19 testing accessibility;
            (3) access or availability of childcare;
            (4) providing care for a family member or cohabitants;
            (5) change of location or residence due to COVID-19 or 
        associated school closures;
            (6) employment changes or financial hardship; and
            (7) issues associated with changes in format or medium of 
        instruction.
SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE OF ENTITLEMENT.

    (a) Montgomery GI Bill.--The subsection (i) temporarily added to 
section 3031 of title 38, United States Code, by subsection (a) of 
section 6 of the Student Veteran Coronavirus Response Act of 2020 
(Public Law 116-140) <<NOTE: Ante, p. 632.>>  is amended--
            (1) <<NOTE: Time period.>>  in paragraph (1), by striking 
        ``the period the individual is so prevented from pursuing such 
        program'' and inserting ``the period beginning on March 1, 2020, 
        and ending on December 21, 2021''; and
            (2) in paragraph (2), by striking ``the first day after the 
        individual is able to resume pursuit of a program of education 
        with educational assistance under this chapter'' and inserting 
        ``December 22, 2021''.

    (b) Vocational Rehabilitation and Training.--The subsection (g) 
temporarily added to section 3103 of title 38, United States Code, by 
subsection (c) of such section 6 <<NOTE: Ante, p. 633.>>  is amended--
            (1) <<NOTE: Time period.>>  in paragraph (1), by striking 
        ``the period the individual is so prevented from participating 
        such program'' and inserting ``the period beginning on March 1, 
        2020, and ending on December 21, 2021''; and

[[Page 134 STAT. 4965]]

            (2) in paragraph (2), by striking ``the first day after the 
        individual is able to resume participation in such program'' and 
        inserting ``December 22, 2021''.
SEC. 1106. <<NOTE: 38 USC 3687 note.>>  APPRENTICESHIP OR ON-JOB 
                          TRAINING REQUIREMENTS.

    (a) <<NOTE: Applicability.>>  In General.--During the period 
described in subsection (b), subsection (e) of section 3687 of title 38, 
United States Code, shall be applied by substituting the following for 
paragraph (2):
            ``(2)(A) Subject to subparagraphs (B) and (C), for any month 
        in which an individual fails to complete 120 hours of training, 
        the entitlement otherwise chargeable under paragraph (1) shall 
        be reduced in the same proportion as the monthly training 
        assistance allowance payable is reduced under subsection (b)(3).
            ``(B) In the case of an individual who is unemployed during 
        any month, the 120-hour requirement under subparagraph (A) for 
        that month shall be reduced proportionately to reflect the 
        individual's period of unemployment, except that the amount of 
        monthly training assistance otherwise payable to the individual 
        under subsection (b)(3) shall not be reduced.
            ``(C) Any period during which an individual is unemployed 
        shall not--
                    ``(i) be charged against any entitlement to 
                educational assistance of the individual; or
                    ``(ii) be counted against the aggregate period for 
                which section 3695 of this title limits the receipt of 
                educational assistance by such individual.
            ``(D) Any amount by which the entitlement of an individual 
        is reduced under subparagraph (A) shall not--
                    ``(i) be charged against any entitlement to 
                educational assistance of the individual; or
                    ``(ii) be counted against the aggregate period for 
                which section 3695 of this title limits the receipt of 
                educational assistance by such individual.
            ``(E) In the case of an individual who fails to complete 120 
        hours of training during a month, but who completed more than 
        120 hours of training during the preceding month, the individual 
        may apply the number of hours in excess of 120 that the 
        individual completed for that month to the month for which the 
        individual failed to complete 120 hours. If the addition of such 
        excess hours results in a total of 120 hours or more, the 
        individual shall be treated as an individual who has completed 
        120 hours of training for that month. <<NOTE: Applicability.>>  
        Any excess hours applied to a different month under this 
        subparagraph may only be applied to one such month.
            ``(F) <<NOTE: Applicability.>>  This paragraph applies to 
        amounts described in section 3313(g)(3)(B)(iv) and section 
        3032(c)(2) of this title and section 16131(d)(2) of title 10.
            ``(G) <<NOTE: Definitions.>>  In this paragraph:
                    ``(i) The term `unemployed' includes being 
                furloughed or being scheduled to work zero hours.
                    ``(ii) The term `fails to complete 120 hours of 
                training' means, with respect to an individual, that 
                during any month, the individual completes at least one 
                hour, but fewer than 120 hours, of training, including 
                in a case in which the individual is unemployed for part 
                of, but not the whole, month.''.

[[Page 134 STAT. 4966]]

    (b) Applicability Period.--The period described in this section is 
the period beginning on March 1, 2020, and ending on December 21, 2021.
SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN 
                          PROVISIONS RELATED TO COVID-19 
                          EMERGENCY.

    (a) Continuation of Benefits.--Section 1 of Public Law 116-
128 <<NOTE: Ante, p. 221.>>  is amended--
            (1) in subsection (a), by inserting ``or a training 
        establishment'' after ``an educational institution''; and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(4) <<NOTE: Definition.>>  Training establishment.--The 
        term `training establishment' has the meaning given such term in 
        section 3452(e) of title 38, United States Code.''.

    (b) Payment of Allowances.--Section 4(a)(1) of the Student Veteran 
Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3680 
note) is amended by inserting ``or a training establishment'' after 
``educational institution''.
    (c) <<NOTE: 38 USC 3699 note.>>  Prohibition of Charge to 
Entitlement.--The subparagraph (C) temporarily added to section 
3699(b)(1) of title 38, United States Code, by section 5 of the Student 
Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 
3699 note) is amended by inserting ``or training establishment'' after 
``educational institution''.

    (d) Extension of Time Limitations.--
            (1) MGIB.--The subsection (i) temporarily added to section 
        3031 of title 38, United States Code, by subsection (a) of 
        section 6 of the Student Veteran Coronavirus Response Act of 
        2020 (Public Law 116-140), as amended by section 1105 of this 
        title, <<NOTE: Ante, p. 632.>>  is further amended by inserting 
        ``or training establishment'' after ``educational institution''.
            (2) Transfer period.--The subparagraph (C) temporarily added 
        to section 3319(h)(5) of such title by section 6 of the Student 
        Veteran Coronavirus Response Act of 2020 (Public Law 116-
        140) <<NOTE: Ante, p. 632.>>  is amended by inserting ``or 
        training establishment'' after ``educational institution''.
SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STUDENT 
                          VETERAN CORONAVIRUS RESPONSE ACT.

    Section 4 of the Student Veteran Coronavirus Response Act of 2020 
(Public Law 116-140) <<NOTE: Ante, p. 632.>>  is amended--
            (1) in subsection (b)--
                    (A) by striking ``may not exceed four weeks.'' and 
                inserting ``may not exceed the shorter of the 
                following:''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(1) The period of time that the eligible veteran or 
        eligible person would have been enrolled in a program of 
        education or training but for the emergency situation.
            ``(2) Four weeks.''; and
            (2) by adding at the end the following new subsection:

    ``(e) Entitlement Not Charged.--Any payment of allowances under this 
section shall not--
            ``(1) be charged against any entitlement to educational 
        assistance of the eligible veteran or eligible person concerned; 
        or

[[Page 134 STAT. 4967]]

            ``(2) be counted against the aggregate period for which 
        section 3695 of this title 38, United States Code, limits the 
        receipt of educational assistance by such eligible veteran or 
        eligible person.''.

                           TITLE II--BENEFITS

                     Subtitle A--Benefits Generally

SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR PURPOSES OF 
                          THE LAWS ADMINISTERED BY THE SECRETARY 
                          OF VETERANS AFFAIRS.

    Section 101(29)(A) of title 38, United States Code, is amended by 
striking ``February 28, 1961'' and inserting ``November 1, 1955''.
SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS 
                          MEDICAL DISABILITY EXAMINATIONS.

    (a) Temporary Clarification of Licensure Requirements for Contractor 
Medical Professionals to Perform Medical Disability Examinations for the 
Department of Veterans Affairs Under Pilot Program for Use of Contract 
Physicians for Disability Examinations.--
            (1) In general.--Subsection (c) of section 504 of the 
        Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 
        38 U.S.C. 5101 note) is amended to read as follows:

    ``(c) Licensure of Contract Health Care Professionals.--
            ``(1) In general.--Notwithstanding any law regarding the 
        licensure of health care professionals, a health care 
        professional described in paragraph (2) may conduct an 
        examination pursuant to a contract entered into under subsection 
        (a) at any location in any State, the District of Columbia, or a 
        Commonwealth, territory, or possession of the United States, so 
        long as the examination is within the scope of the authorized 
        duties under such contract.
            ``(2) Health care professional described.--A health care 
        professional described in this paragraph is a physician, 
        physician assistant, nurse practitioner, audiologist, or 
        psychologist, who--
                    ``(A) has a current unrestricted license to practice 
                the health care profession of the physician, physician 
                assistant, nurse practitioner, audiologist, or 
                psychologist, as the case may be;
                    ``(B) is not barred from practicing such health care 
                profession in any State, the District of Columbia, or a 
                Commonwealth, territory, or possession of the United 
                States; and
                    ``(C) is performing authorized duties for the 
                Department of Veterans Affairs pursuant to a contract 
                entered into under subsection (a).''.
            (2) <<NOTE: 38 USC 5101 note.>>  Purpose.--The purpose of 
        the amendment made by paragraph (1) is to expand the license 
        portability for physicians assistants, nurse practitioners, 
        audiologists, and psychologists to supplement the capacity of 
        employees of the Department to provide medical examinations 
        described in subsection (b).

[[Page 134 STAT. 4968]]

            (3) <<NOTE: 38 USC 5101 note.>>  Rule of construction.--The 
        amendment made by paragraph (1) shall not be construed to affect 
        the license portability for physicians in effect under section 
        504(c) of such Act as in effect on the day before the date of 
        the enactment of this Act.
            (4) <<NOTE: 38 USC 5101 note.>>  Sunset.--On the date that 
        is three years after the date of the enactment of this Act, 
        subsection (c) of such section shall read as it read on the day 
        before the date of the enactment of this Act.

    (b) <<NOTE: Effective date. 38 USC 5101 note.>>  Temporary Halt on 
Elimination of Medical Examiner Positions in Department of Veterans 
Affairs.--The Secretary of Veterans Affairs shall temporarily suspend 
the efforts of the Secretary in effect on the day before the date of the 
enactment of this Act to eliminate medical examiner positions in the 
Department of Veterans Affairs until the number of individuals awaiting 
a medical examination with respect to medical disability of the 
individuals for benefits under laws administered by the Secretary that 
are carried out through the Under Secretary for Benefits is equal to or 
less than the number of such individuals who were awaiting such a 
medical examination with respect to such purposes on March 1, 2020.

    (c) Report on Provision of Medical Examinations.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report on the provision of 
        medical examinations described in subsection (b) by the 
        Department.
            (2) Contents.--The report submitted under paragraph (1) 
        shall cover the following:
                    (A) How the Secretary will increase the capacity, 
                efficiency, and timeliness of physician assistants, 
                nurse practitioners, audiologists, and psychologists of 
                the Veterans Health Administration with respect to 
                completing medical examinations described in subsection 
                (b).
                    (B) The total number of full-time equivalent 
                employees among all physician assistants, nurse 
                practitioners, audiologists, and psychologists needed 
                for the increases described in subparagraph (A).
                    (C) <<NOTE: Assessment.>>  An assessment regarding 
                the importance of retaining a critical knowledge base 
                within the Department for performing medical 
                examinations for veterans filing claims for compensation 
                under chapters 11 and 13 of title 38, United States 
                Code, including with respect to military sexual trauma, 
                post-traumatic stress disorder, traumatic brain injury, 
                and toxic exposure.
            (3) Collaboration.--The Secretary shall collaborate with the 
        veterans community and stakeholders in the preparation of the 
        report required by paragraph (1).
            (4) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.

    (d) Comptroller General of the United States Review.--

[[Page 134 STAT. 4969]]

            (1) <<NOTE: Deadline.>>  Review required.--Not later than 
        360 days after the date of the enactment of this Act, the 
        Comptroller General of the United States shall commence a review 
        of the implementation of the pilot program authorized under 
        subsection (a) of section 504 of the Veterans' Benefits 
        Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 
        note).
            (2) Elements.--The review conducted under paragraph (1) 
        shall include the following:
                    (A) <<NOTE: Assessment.>>  An assessment of the use 
                of subsection (c) of section 504 of such Act, as amended 
                by subsection (a)(1) of this section.
                    (B) Efforts to retain and recruit medical examiners 
                as employees of the Department.
                    (C) Use of telehealth for medical examinations 
                described in subsection (b) that are administered by the 
                Department.

    (e) <<NOTE: Deadline.>>  Briefing on Recommendations of Comptroller 
General of the United States.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary shall provide to the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives a briefing on how the Secretary 
will implement the recommendations of the Comptroller General of the 
United States regarding--
            (1) the monitoring of the training of providers of 
        examinations pursuant to contracts under section 504 of the 
        Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 
        38 U.S.C. 5101 note); and
            (2) ensuring such providers receive such training.

    (f) <<NOTE: 38 USC 5101 note.>>  Holding Underperforming Contract 
Medical Examiners Accountable.--The Secretary shall take such actions as 
may be necessary to hold accountable the providers of medical 
examinations pursuant to contracts under section 504 of the Veterans' 
Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 
note) who are underperforming in the meeting of the needs of veterans 
through the performance of medical examinations pursuant to such 
contracts.
SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SURVIVING SPOUSES.

    (a) Codification of Current Rate of Special Pension.--Subsection (a) 
of section 1562 of title 38, United States Code, is amended by striking 
``$1,000'' and inserting ``$1,388.68''.
    (b) Special Pension for Surviving Spouses.--
            (1) Surviving spouse benefit.--Such subsection is further 
        amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2)(A) Except as provided in subparagraphs (B) and (C), the 
Secretary shall pay special pension under this section to the surviving 
spouse of a person whose name has been entered on the Army, Navy, Air 
Force, and Coast Guard Medal of Honor Roll and a copy of whose 
certificate has been delivered to the Secretary under section 1134a(d) 
of title 10.
    ``(B) No special pension shall be paid to a surviving spouse of a 
person under this section unless such surviving spouse was married to 
such person--

[[Page 134 STAT. 4970]]

            ``(i) <<NOTE: Time period.>>  for one year or more prior to 
        the veteran's death; or
            ``(ii) for any period of time if a child was born of the 
        marriage, or was born to them before the marriage.

    ``(C) No special pension shall be paid to a surviving spouse of a 
person under this section if such surviving spouse is receiving benefits 
under section 1311 or 1318 of this title.''.
            (2) Conforming amendments.--
                    (A) In general.--Such section is amended--
                          (i) in subsection (d), by inserting ``or 
                      married to more than one person who has been 
                      awarded a medal of honor,'' after ``honor,''; and
                          (ii) in subsection (f)(1), by striking ``this 
                      section'' and inserting ``paragraph (1) of 
                      subsection (a), or under paragraph (2) of such 
                      subsection in the case of a posthumous entry on 
                      the Army, Navy, Air Force, and Coast Guard Medal 
                      of Honor Roll,''.
                    (B) Special provisions relating to marriages.--
                Section 103(d)(5) of such title is amended by adding at 
                the end the following new subparagraph:
            ``(E) Section 1562(a)(2), relating to Medal of Honor special 
        pension.''.
            (3) <<NOTE: 38 USC 103 note.>>  Effective date.--The 
        amendments made by this subsection shall apply with respect to 
        payment of pension under section 1562 of title 38, United States 
        Code, for months beginning after the date of the enactment of 
        this Act.
SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS INSURANCE.

    (a) Establishment of Modernized Program.--
            (1) In general.--Chapter 19 of title 38, United States Code, 
        is amended by inserting after section 1922A the following new 
        section:
``Sec. 1922B. <<NOTE: 38 USC 1922B.>>  Service-disabled veterans 
                    insurance

    ``(a) <<NOTE: Effective date.>>  Insurance.--(1) Beginning January 
1, 2023, the Secretary shall carry out a service-disabled veterans 
insurance program under which a veteran is granted insurance by the 
United States against the death of such individual occurring while such 
insurance is in force.

    ``(2) The Secretary may only issue whole-life policies under the 
insurance program under paragraph (1).
    ``(3) The Secretary may not grant insurance to a veteran under 
paragraph (1) unless--
            ``(A) the veteran submits the application for such insurance 
        before the veteran attains 81 years of age; or
            ``(B) with respect to a veteran who has attained 81 years of 
        age--
                    ``(i) the veteran filed a claim for compensation 
                under chapter 11 of this title before attaining such 
                age;
                    ``(ii) <<NOTE: Determination.>>  based on such 
                claim, and after the veteran attained such age, the 
                Secretary first determines that the veteran has a 
                service-connected disability; and
                    ``(iii) <<NOTE: Time period.>>  the veteran submits 
                the application for such insurance during the two-year 
                period following the date of such determination.

[[Page 134 STAT. 4971]]

    ``(4)(A) A veteran enrolled in the insurance program under paragraph 
(1) may elect to be insured in any of the following amounts:
                    ``(i) $10,000.
                    ``(ii) $20,000.
                    ``(iii) $30,000.
                    ``(iv) $40,000.
                    ``(v) In accordance with subparagraph (B), a maximum 
                amount greater than $40,000.

    ``(B) The Secretary may establish a maximum amount to be insured 
under paragraph (1) that is greater than $40,000 if the Secretary--
            ``(i) <<NOTE: Determination.>>  determines that such maximum 
        amount and the premiums for such amount--
                    ``(I) are administratively and actuarially sound for 
                the insurance program under paragraph (1); and
                    ``(II) will not result in such program operating at 
                a loss; and
            ``(ii) <<NOTE: Federal Register, publication.>>  publishes 
        in the Federal Register, and submits to the Committee on 
        Veterans' Affairs of the Senate and the Committee on Veterans' 
        Affairs of the House of Representatives, such maximum amount and 
        determination.

    ``(5)(A)(i) Insurance granted under this section shall be on a 
nonparticipating basis and all premiums and other collections therefor 
shall be credited directly to a revolving fund in the Treasury of the 
United States.
    ``(ii) Any payments on such insurance shall be made directly from 
such fund.
    ``(B)(i) The Secretary of the Treasury may invest in and sell and 
retire special interest-bearing obligations of the United States for the 
account of the revolving fund under subparagraph (A).
    ``(ii) Such obligations issued for that purpose shall--
            ``(I) have maturities fixed with due regard for the needs of 
        the fund; and
            ``(II) bear interest at a rate equal to the average market 
        yield (computed by the Secretary of the Treasury on the basis of 
        market quotations as of the end of the calendar month preceding 
        the date of issue) on all marketable interest-bearing 
        obligations of the United States then forming a part of the 
        public debt which are not due or callable until after the 
        expiration of four years from the end of such calendar month; 
        except that where such average market yield is not a multiple of 
        one-eighth of one per centum, the rate of interest of such 
        obligation shall be the multiple of one-eighth of one per centum 
        nearest such market yield.

    ``(6)(A) Administrative support financed by the appropriations for 
`General Operating Expenses, Department of Veterans Affairs' and 
`Information Technology Systems, Department of Veterans Affairs' for the 
insurance program under paragraph (1) shall be paid from premiums 
credited to the fund under paragraph (5).
    ``(B) <<NOTE: Reimbursement.>>  Such payment for administrative 
support shall be reimbursed for that fiscal year from funds that are 
available on such insurance after claims have been paid.

    ``(b) Eligibility.--A veteran is eligible to enroll in the insurance 
program under subsection (a)(1) if the veteran has a service-connected 
disability, without regard to--

[[Page 134 STAT. 4972]]

            ``(1) whether such disability is compensable under chapter 
        11 of this title; or
            ``(2) whether the veteran meets standards of good health 
        required for other life insurance policies.

    ``(c) Enrollment and Waiting Period.--(1) An eligible veteran may 
enroll in the insurance program under subsection (a)(1) at any time.
    ``(2) The life insurance policy of a veteran who enrolls in the 
insurance program under subsection (a)(1) does not go into force 
unless--
            ``(A) a period of two years elapses following the date of 
        such enrollment; and
            ``(B) the veteran pays the premiums required during such 
        two-year period.

    ``(3)(A) If a veteran dies during the two-year period described in 
paragraph (2), the Secretary shall pay to the beneficiary of the veteran 
the amount of premiums paid by the veteran under this section, plus 
interest.
    ``(B) The Secretary--
            ``(i) for the initial year of the insurance program under 
        subsection (a)(1)--
                    ``(I) shall set such interest at a rate of one 
                percent; and
                    ``(II) may adjust such rate during such year based 
                on program experience, except that the interest rate may 
                not be less than zero percent;
            ``(ii) for the second and each subsequent year of the 
        program, shall calculate such interest at an annual rate equal 
        to the rate of return on the revolving fund under subsection 
        (a)(5) for the calendar year preceding the year of the veteran's 
        death, except that the interest rate may not be less than zero 
        percent; and
            ``(iii) <<NOTE: Web posting.>>  on an annual basis, shall 
        publish on the internet website of the Department the average 
        interest rate calculated under clause (ii) for the preceding 
        calendar year.

    ``(d) Premiums.--(1) The Secretary shall establish a schedule of 
basic premium rates by age per $10,000 of insurance under subsection 
(a)(1) consistent with basic premium rates generally charged for 
guaranteed acceptance life insurance policies by private life insurance 
companies.
    ``(2) The Secretary may adjust such schedule after the first policy 
year in a manner consistent with the general practice of guaranteed 
acceptance life insurance policies issued by private life insurance 
companies.
    ``(3) Section 1912 of this title shall not apply to life insurance 
policies under subsection (a)(1), and the Secretary may not otherwise 
waive premiums for such insurance policies.
    ``(e) Beneficiaries.--(1) A veteran who enrolls in the insurance 
program under subsection (a)(1) may designate a beneficiary of the life 
insurance policy.
    ``(2) <<NOTE: Determination.>>  If a veteran enrolled in the 
insurance program under subsection (a)(1) does not designate a 
beneficiary under paragraph (1) before the veteran dies, or if a 
designated beneficiary predeceases the veteran, the Secretary shall 
determine the beneficiary in the following order:
            ``(A) The surviving spouse of the veteran.

[[Page 134 STAT. 4973]]

            ``(B) The children of the veteran and descendants of 
        deceased children by representation.
            ``(C) The parents of the veteran or the survivors of the 
        parents.
            ``(D) The duly appointed executor or administrator of the 
        estate of the veteran.
            ``(E) Other next of kin of the veteran entitled under the 
        laws of domicile of the veteran at the time of the death of the 
        veteran.

    ``(f) <<NOTE: Time periods.>>  Claims.--(1) If the deceased veteran 
designated a beneficiary under subsection (e)(1)--
            ``(A) the designated beneficiary is the only person who may 
        file a claim for payment under subsection (g) during the one-
        year period beginning on the date of the death of the veteran; 
        and
            ``(B) if the designated beneficiary does not file a claim 
        for the payment during the period described in paragraph (1), or 
        if payment to the designated beneficiary within that period is 
        prohibited by Federal statute or regulation, a beneficiary 
        described in subsection (e)(2) may file a claim for such payment 
        during the one-year period following the period described in 
        subparagraph (A) as if the designated beneficiary had 
        predeceased the veteran.

    ``(2) If the deceased veteran did not designate a beneficiary under 
subsection (e)(1), or if the designated beneficiary predeceased the 
veteran, a beneficiary described in subsection (e)(2) may file a claim 
for payment under subsection (g) during the two-year period beginning on 
the date of the death of the veteran.
    ``(3) <<NOTE: Determination.>>  If, on the date that is two years 
after the date of the death of the veteran, no claim for payment has 
been filed by any beneficiary pursuant to paragraph (1) or (2), and the 
Secretary has not received notice that any such claim will be so filed 
during the subsequent one-year period, the Secretary may make the 
payment to a claimant whom the Secretary determines to be equitably 
entitled to such payment.

    ``(g) Payments.--(1) <<NOTE: Deadlines.>>  In a case described in 
subsection (f)--
            ``(A) in paragraph (1)(A), the Secretary shall pay the 
        designated beneficiary not later than 90 days after the 
        designated beneficiary files a complete and valid claim for 
        payment;
            ``(B) in paragraph (1)(B) or (2), the Secretary shall make 
        any payment not later than one year after the end of the period 
        described in the applicable such paragraph, if the Secretary 
        receives a complete and valid claim for payment in accordance 
        with the applicable such paragraph; or
            ``(C) in paragraph (3), the Secretary shall make any payment 
        not later than one year after the end of the period described in 
        such paragraph, if the Secretary receives a complete and valid 
        claim for payment.

    ``(2) In a case where the Secretary has not made an insurance 
payment under this section during the applicable period specified in 
paragraph (1) by reason of a beneficiary not yet having filed a claim, 
or the Secretary not yet making a determination under subsection (f)(3), 
the Secretary may make the payment after such applicable period.
    ``(3) Notwithstanding section 1917 of this title, the Secretary 
shall make an insurance payment under this section in a lump sum.

[[Page 134 STAT. 4974]]

    ``(4) The Secretary may not make an insurance payment under this 
section if such payment will escheat to a State.
    ``(5) Any payment under this subsection shall be a bar to recovery 
by any other person.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 38 USC 1901 prec.>>  is 
        amended by inserting after the item relating to section 1922A 
        the following new item:

``1922B. Service-disabled veterans insurance.''.

    (b) Sunset of Previous Program and Transition.--
            (1) S-DVI.--Section 1922 of such title is amended by adding 
        at the end the following new subsection:

    ``(d)(1) The Secretary may not accept any application by a veteran 
to be insured under this section after December 31, 2022.
    ``(2)(A) <<NOTE: Time periods.>>  During the period beginning 
January 1, 2023, and ending December 31, 2025, a veteran who is insured 
under this section may elect to instead be insured under section 1922B 
of this title based on the age of the veteran at the time of such 
election.

    ``(B)(i) A veteran who elects under subparagraph (A) to be insured 
under section 1922B of this title shall be subject to the two-year 
waiting period specified in subsection (c) of such section.
    ``(ii) If the veteran dies during such period, the Secretary shall 
pay the beneficiary under this section, and, if applicable, under 
section 1922A, plus the amount of premiums paid by the veteran under 
such section 1922B, plus interest.
    ``(3) Except as provided by paragraph (2)(B), a veteran may not be 
insured under this section and section 1922B simultaneously.''.
            (2) Supplemental s-dvi.--Section 1922A(b) of such title is 
        amended by adding after the period at the end the following: 
        ``The Secretary may not accept any such application after 
        December 31, 2022. Except as provided by section 1922(d)(2)(B), 
        a veteran may not have supplemental insurance under this section 
        and be insured under section 1922B simultaneously.''.

    (c) Conforming Amendments.--Chapter 19 of such title is amended--
            (1) in the section heading of section 1922, by striking 
        ``Service'' and inserting ``Legacy service'';
            (2) in the section heading of section 1922A, by striking 
        ``Supplemental'' and inserting ``Legacy supplemental''; and
            (3) <<NOTE: 38 USC 1901 prec.>>  in the table of sections at 
        the beginning of such chapter by striking the items relating to 
        sections 1922 and 1922A and inserting the following new items:

``1922. Legacy service disabled veterans' insurance.
``1922A. Legacy supplemental service disabled veterans' insurance for 
           totally disabled veterans.''.

SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION UNDER 
                          SERVICEMEMBERS' GROUP LIFE INSURANCE.

    Section 1980A of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l)(1) If a claim for benefits under this section is denied, the 
Secretary concerned shall provide to the member at the same time as the 
member is informed of such denial a description of the following:

[[Page 134 STAT. 4975]]

            ``(A) Each reason for that denial, including a description 
        of all the information upon which the denial is based and a 
        description of the applicable laws, regulations, or policies, 
        with appropriate citations, and an explanation of how such laws, 
        regulations, or policies affected the denial.
            ``(B) Each finding that is favorable to the member.

    ``(2) Any finding favorable to the member as described in paragraph 
(1)(B) shall be binding on all subsequent reviews or appeals of the 
denial of the claim, unless clear and convincing evidence is shown to 
the contrary to rebut such favorable finding.''.
SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT 
                          QUESTIONNAIRE FORMS OF DEPARTMENT OF 
                          VETERANS AFFAIRS.

    (a) In General.--Section 5101 of title 38, United States Code, is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d)(1) <<NOTE: Web posting.>>  The Secretary shall publish in a 
central location on the internet website of the Department--
            ``(A) the disability benefit questionnaire forms of the 
        Department for the submittal of evidence from non-Department 
        medical providers regarding a disability of a claimant, 
        including any form or process that replaces any such disability 
        benefit questionnaire form; and
            ``(B) details about the process used by the Department for 
        submittal of evidence described in subparagraph (A).

    ``(2) Subject to section 6103 of this title, if the Secretary 
updates a form described in paragraph (1)(A), the Secretary shall--
            ``(A) accept the previous version of the form filed by a 
        claimant if--
                    ``(i) the claimant provided to the non-Department 
                medical provider the previous version of the form before 
                the date on which the updated version of the form was 
                made available; and
                    ``(ii) <<NOTE: Time period.>>  the claimant files 
                the previous version of the form during the one-year 
                period following the date the form was completed by the 
                non-Department medical provider;
            ``(B) request from the claimant (or from a non-Department 
        medical provider if the claimant has authorized the provider to 
        share health information with the Secretary) any other 
        information that the updated version of the form requires; and
            ``(C) apply the laws and regulations required to adjudicate 
        the claim as if the claimant filed the updated version of the 
        form.

    ``(3) <<NOTE: Waiver authority.>>  The Secretary may waive any 
interagency approval process required to approve a modification to a 
disability benefit questionnaire form if such requirement only applies 
by reason of the forms being made public.''.

    (b) Reports by Inspector General of the Department of Veterans 
Affairs.--Not less frequently than once each year through 2023, the 
Inspector General of the Department of Veterans Affairs shall submit to 
Congress a report on the findings of the Inspector General with respect 
to the use of the forms published under section 5101(d)(1) of such 
title, as added by subsection (a).

[[Page 134 STAT. 4976]]

    (c) <<NOTE: 38 USC 5101 note.>>  Initial Form.--The Secretary of 
Veterans Affairs shall begin carrying out section 5101(d)(1) of such 
title, as added by subsection (a), by publishing, as described in such 
section, the form described in such section that was in effect on 
January 1, 2020.

    (d) <<NOTE: 38 USC 5101 note.>>  Alternate Process.--
            (1) Assessment and report.--
                    (A) In general.--Subject to paragraph (2), not later 
                than 180 days after the date of the enactment of this 
                act, the Secretary shall--
                          (i) assess the feasibility and advisability of 
                      replacing disability benefit questionnaire forms 
                      that are used by non-Department medical providers 
                      to submit to the Secretary evidence regarding a 
                      disability of a claimant for benefits under laws 
                      administered by the Secretary, with another 
                      consistent process that considers evidence 
                      equally, whether provided by a Department or a 
                      non-Department medical provider; and
                          (ii) submit to Congress--
                                    (I) a report on the findings of the 
                                Secretary with respect to the assessment 
                                conducted under clause (i); and
                                    (II) if the report submitted under 
                                subclause (I) of this clause includes a 
                                finding that replacing the disability 
                                benefit questionnaire forms described in 
                                clause (i) as described in such clause 
                                is feasible and advisable, a plan to 
                                replace such forms as described in such 
                                clause.
                    (B) <<NOTE: Determination.>>  Collaboration 
                required.--If, in carrying out the assessment required 
                by clause (i) of subparagraph (A), the Secretary 
                determines that replacing the disability benefit 
                questionnaire forms described in such clause as 
                described in such clause is feasible and advisable, the 
                Secretary shall collaborate with, partner with, and 
                consider the advice of veterans service organizations, 
                and such other stakeholders as the Secretary considers 
                appropriate, on the replacement forms and process for 
                submitting such forms.
            (2) <<NOTE: Certification.>>  Requirements.--The Secretary 
        may only determine under paragraph (1)(A) that replacing the 
        forms described in such paragraph is feasible and advisable if 
        the Secretary certifies that--
                    (A) it is in the best interest of veterans to do so;
                    (B) the replacement process would include all the 
                medical information needed to adjudicate a claim for 
                benefits under laws administered by the Secretary; and
                    (C) the new process will ensure that all medical 
                information provided will be considered equally, whether 
                it is provided by a Department medical provider or a 
                non-Department medical provider.
            (3) Implementation.--
                    (A) <<NOTE: Deadline.>>  In general.--Subject to 
                subparagraph (B), if the Secretary determines under 
                paragraph (1)(A) that replacing the forms as described 
                in such paragraph is feasible and advisable, the 
                Secretary shall, not later than two years after the date 
                on which the Secretary submits the report under 
                paragraph (1)(B)(i)--

[[Page 134 STAT. 4977]]

                          (i) replace the forms as described in 
                      paragraph (1)(A);
                          (ii) publish such replacement pursuant to 
                      subparagraph (A) of section 5101(d)(1), as added 
                      by subsection (a)(2); and
                          (iii) <<NOTE: Update.>>  update the details 
                      under subparagraph (B) of such section.
                    (B) Reports by inspector general of the department 
                of veterans affairs.--If the Secretary replaces the 
                forms under subparagraph (A), the Inspector General of 
                the Department of Veterans Affairs shall, not later than 
                one year after the date that the Secretary replaces such 
                forms and not less frequently than once each year 
                thereafter until the date that is three years after the 
                date on which the Secretary replaces such forms, submit 
                to Congress a report on the process that replaced such 
                forms that ascertains whether the process properly 
                protects veterans.
            (4) Limitation.--The Secretary may not discontinue the use 
        of the disability benefit questionnaire forms described in 
        paragraph (1)(A) until a replacement form or process is 
        implemented.

    (e) <<NOTE: 38 USC 5101 note.>>  Rule of Construction.--Nothing in 
this section or section 5101(d) of such title, as added by subsection 
(a), may be construed to require the Secretary to develop any new 
information technology system or otherwise require the Secretary to make 
any significant changes to the internet website of the Department.
SEC. 2007. <<NOTE: Regulations.>>  THRESHOLD FOR REPORTING DEBTS 
                          TO CONSUMER REPORTING AGENCIES.

    (a) In General.--Chapter 53 of title 38, United States Code, is 
amended by adding after section 5319 the following new section:
``Sec. 5320. <<NOTE: 38 USC 5320.>>  Threshold for reporting debts 
                  to consumer reporting agencies

    ``The Secretary shall prescribe regulations that establish the 
minimum amount of a claim or debt, arising from a benefit administered 
by the Under Secretary for Benefits or Under Secretary for Health, that 
the Secretary will report to a consumer reporting agency under section 
3711 of title 31.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 38 USC 5301 prec.>>  is amended by adding after the 
item relating to section 5319 the following new item:

``5320.Threshold for reporting debts to consumer reporting agencies.''.

    (c) <<NOTE: 38 USC 5320 note.>>  Deadline.--The Secretary of 
Veterans Affairs shall prescribe regulations under section 5320 of such 
title, as added by subsection (a), not later than 180 days after the 
date of the enactment of this Act.
SEC. 2008. <<NOTE: Effective dates. Deadlines. 38 USC 5701 note 
                          prec.>>  REMOVAL OF DEPENDENTS FROM 
                          AWARD OF COMPENSATION OR PENSION.

    Beginning not later than 90 days after the date of the enactment of 
this Act, the Secretary of Veterans Affairs shall ensure that--
            (1) the recipient of an award of compensation or pension may 
        remove any dependent from an award of compensation or pension to 
        the individual using the eBenefits system of

[[Page 134 STAT. 4978]]

        the Department of Veterans Affairs, or a successor system; and
            (2) such removal takes effect not later than 60 days after 
        the date on which the recipient elects such removal.
SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION 
                          FOR SURVIVING SPOUSES WHO REMARRY AFTER 
                          AGE 55.

    Section 103(d)(2)(B) of title 38, United States Code, is amended in 
the second sentence by inserting ``chapter 13 or'' after ``benefits 
under''.
SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES TO 
                          TOXICANTS AT KARSHI-KHANABAD AIR BASE IN 
                          UZBEKISTAN.

    (a) <<NOTE: Deadlines.>>  Agreement and Study.--Not later than 60 
days after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall enter into an agreement with the Administrator of 
the Agency for Toxic Substances and Disease Registry for the 
Administrator to complete, not later than 10 years after the date of the 
enactment of this Act, a study to identify--
            (1) incidents of cancer and other diseases or illnesses 
        experienced by individuals who served in the active military, 
        naval, or air service (as defined in section 101 of title 38, 
        United States Code) in the covered location set forth under 
        subsection (b) during the corresponding period set forth under 
        such subsection; and
            (2) <<NOTE: List.>>  a list of toxic substances, chemicals, 
        ionizing radiation, and airborne hazards such individuals may 
        have been exposed to during such service.

    (b) Covered Location and Corresponding Period.--The covered location 
and corresponding period set forth under this subsection are Karshi-
Khanabad (K2) Air Base in Uzbekistan and the period beginning on October 
1, 2001, and ending on September 30, 2005.
    (c) Elements.--The study conducted under subsection (a) shall 
include the following:
            (1) <<NOTE: Assessment.>>  An assessment regarding the 
        conditions of the covered location set forth under subsection 
        (b), including an identification of toxic substances, chemicals, 
        ionizing radiation, and airborne hazards contaminating such 
        covered location during such corresponding period.
            (2) An epidemiological study of the health consequences of 
        the service described in subsection (a) to the individuals 
        described in such subsection.

    (d) Support for Study.--
            (1) In general.--The Secretary shall provide the 
        Administrator with assistance in carrying out the study required 
        by subsection (a), including by gathering such information as 
        the Administrator may consider useful in carrying out the study.
            (2) Obtaining information concerning exposure.--Assistance 
        under paragraph (1) provided by the Secretary of Veterans 
        Affairs shall include compiling information on exposure 
        described in subsection (a)(2) and the Secretary of Defense 
        shall provide to the Secretary of Veterans Affairs such 
        information concerning such exposure as the Secretary of 
        Veterans Affairs considers appropriate for purposes of the study 
        required

[[Page 134 STAT. 4979]]

        by subsection (a), including environmental sampling data 
        relative to any location covered by the study.

    (e) <<NOTE: Deadline.>>  Biennial Updates.--No later than the date 
that is two years after the date of the enactment of this Act and not 
less frequently than once every two years thereafter until the date on 
which the study required by subsection (a) is completed, the 
Administrator shall submit to the appropriate committees of Congress 
updates on the status of the matters covered by such study, including 
any preliminary findings of the Administrator.

    (f) Final Report.--Not later than 60 days after the date on which 
the study required by subsection (a) is completed, the Administrator 
shall submit to the appropriate committees of Congress a report on the 
findings of the Administrator with respect to such study.
    (g) Inclusion of Uzbekistan in Certain Registries and Programs.--
Section 201(c)(2) of the Dignified Burial and Other Veterans' Benefits 
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note) is 
amended, in the matter preceding subparagraph (A), by striking 
``Afghanistan or Iraq'' and inserting ``Afghanistan, Iraq, or 
Uzbekistan''.
    (h) Depleted Uranium Follow-up Programs.--The Secretary of Veterans 
Affairs shall ensure that any individual who deployed as a member of the 
Armed Forces to the covered location set forth in subsection (b) during 
the corresponding period set forth in such subsection is covered by the 
Depleted Uranium Follow-up Programs of the Department of Veterans 
Affairs.
    (i) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Veterans' Affairs and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Veterans' Affairs and the Committee on 
        Armed Services of the House of Representatives.
SEC. 2011. <<NOTE: 38 USC 1116 note.>>  COMPTROLLER GENERAL 
                          BRIEFING AND REPORT ON REPEALING 
                          MANIFESTATION PERIOD FOR PRESUMPTIONS OF 
                          SERVICE CONNECTION FOR CERTAIN DISEASES 
                          ASSOCIATED WITH EXPOSURE TO CERTAIN 
                          HERBICIDE AGENTS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act, the Comptroller General of the 
United States shall provide to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a briefing on preliminary observations of the 
Comptroller General, and not later than 240 days after the date of such 
briefing, provide such committees a briefing and submit to such 
committees a final report, on the efforts of the Secretary of Veterans 
Affairs to provide benefits, including compensation and health care, to 
veterans--
            (1) <<NOTE: Time period.>>  who during active military, 
        naval, or air service, served in the Republic of Vietnam during 
        the period beginning on January 9, 1962, and ending on May 7, 
        1975; and
            (2) in whom chloracne, porphyria cutanea tarda, or acute or 
        subacute peripheral neuropathy have manifested.

    (b) Elements.--The report required by subsection (a) shall include 
the following:

[[Page 134 STAT. 4980]]

            (1) A description of how the Secretary establishes a service 
        connection for a diseases described in paragraph (2) of 
        subsection (a) manifesting in veterans, including the number of 
        veterans described in paragraph (1) of such subsection who have 
        filed a claim for a benefit associated with a disease described 
        in paragraph (2) of such subsection.
            (2) A description of how claims adjudicators of the 
        Department of Veterans Affairs determine service connection for 
        a disease described in subparagraph (C) or (E) of section 
        1116(a)(2) of title 38, United States Code, when documentation 
        proving the presence of the disease during the manifestation 
        period set forth in such subparagraphs for the disease is not 
        available.
            (3) <<NOTE: Cost estimate. Review.>>  A description of the 
        expected effect of repealing the manifestation period from such 
        subparagraphs, including the expected effect on the number of 
        claims for benefits the Department will receive, an estimate of 
        the cost to the Department of such repeal, and a review of the 
        scientific evidence regarding such repeal.
            (4) <<NOTE: Review.>>  A review of all claims submitted to 
        the Secretary for compensation under chapter 11 of such title 
        that are associated with a disease described in subsection 
        (a)(2), including the type of proof presented to establish a 
        service connection for the manifestation of the disease based on 
        exposure to a herbicide agent.
            (5) <<NOTE: Recommenda- tions.>>  Recommendations on how the 
        Department can better adjudicate claims for benefits, including 
        compensation, submitted to the Department that are associated 
        with a disease described in paragraph (2) of subsection (a) for 
        veterans described in paragraph (1) of such subsection.
            (6) <<NOTE: Assessment.>>  An assessment of such other areas 
        as the Comptroller General considers appropriate to study.

    (c) <<NOTE: Deadline.>>  Administrative Action.--Not later than 120 
days after the date on which the Comptroller General of the United 
States submits the report required under subsection (a), the Secretary 
shall commence carrying out the recommendations submitted under 
subsection (b)(5) to the degree that the Secretary is authorized to 
carry out the recommendations by a statute that was in effect on the day 
before the date of the enactment of this Act.

    (d) Herbicide Agent Defined.--In this section, the term ``herbicide 
agent'' has the meaning given such term in section 1116(a)(3) of title 
38, United States Code.
SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS 
                          TO USE INCOME INFORMATION FROM OTHER 
                          AGENCIES.

    Section 5317(g) of title 38, United States Code, is amended by 
striking ``September 30, 2027'' and inserting ``September 30, 2030''.
SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF PENSION.

    Section 5503(d)(7) of title 38, United States Code, is amended by 
striking ``September 30, 2028'' and inserting ``October 30, 2028''.

[[Page 134 STAT. 4981]]

                           Subtitle B--Housing

SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RESERVE 
                          COMPONENTS OF THE ARMED FORCES FOR HOME 
                          LOANS FROM THE SECRETARY OF VETERANS 
                          AFFAIRS.

    (a) Expansion of Definition of Veteran for Purposes of Home Loans.--
Section 3701(b) of title 38, United States Code, is amended by adding at 
the end the following new paragraph:
            ``(7) The term `veteran' also includes, for purposes of home 
        loans, an individual who performed full-time National Guard duty 
        (as that term is defined in section 101 of title 10) for a 
        period--
                    ``(A) of not less than 90 cumulative days; and
                    ``(B) that includes 30 consecutive days.''.

    (b) Expansion of Eligibility.--Section 3702(a)(2) of such title is 
amended by adding at the end the following new subparagraph:
            ``(G) Each individual described in section 3701(b)(7) of 
        this title.''.

    (c) <<NOTE: 38 USC 3701 note.>>  Retroactive Applicability.--The 
amendments made by this section shall apply with respect to full-time 
National Guard duty (as defined in section 101 of title 10, United 
States Code) performed before, on, or after the date of the enactment of 
this Act.
SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED BY 
                          MAJOR DISASTERS.

    Section 3729(b)(4) of title 38, United States Code, is amended--
            (1) by amending subparagraph (D) to read as follows:
            ``(D)(i) <<NOTE: Definition.>>  The term `initial loan' 
        means a loan to a veteran guaranteed under section 3710 or made 
        under section 3711 of this title if the veteran has never 
        obtained a loan guaranteed under section 3710 or made under 
        section 3711 of this title.
            ``(ii) If a veteran has obtained a loan guaranteed under 
        section 3710 or made under section 3711 of this title and the 
        dwelling securing such loan was substantially damaged or 
        destroyed by a major disaster declared by the President under 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170), the Secretary shall 
        treat as an initial loan, as defined in clause (i), the next 
        loan the Secretary guarantees or makes to such veteran under 
        section 3710 or 3711, respectively, if--
                    ``(I) such loan is guaranteed or made before the 
                date that is three years after the date on which the 
                dwelling was substantially damaged or destroyed; and
                    ``(II) <<NOTE: Determination.>>  such loan is only 
                for repairs or construction of the dwelling, as 
                determined by the Secretary.''; and
            (2) in subparagraph (E), by striking ``if the veteran has 
        previously obtained a loan guaranteed under section 3710 or made 
        under section 3711 of this title'' and inserting ``that is not 
        an initial loan''.
SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES.

    Section 3729(b)(2) of title 38, United States Code, is amended by 
striking ``October 1, 2029'' each place it appears and inserting 
``October 1, 2030''.

[[Page 134 STAT. 4982]]

SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED HOUSING 
                          ASSISTANCE.

    Section 2102 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g)(1) <<NOTE: Determination.>>  Whenever the Secretary finds that 
an overpayment has been made to, or on behalf of, a person described in 
paragraph (2), the Secretary shall determine--
            ``(A) the amounts to recover, if any; and
            ``(B) who is liable to the United States for such 
        overpayment.

    ``(2) A person described in this paragraph is any of the following:
            ``(A) An individual who applied for assistance--
                    ``(i) under this chapter; or
                    ``(ii) under chapter 31 of this title who is 
                pursuing a rehabilitation program under such chapter in 
                acquiring adaptations to a residence.
            ``(B) An owner or seller of real estate used, or intended to 
        be used, in connection with assistance under this chapter.
            ``(C) A builder, contractor, supplier, tradesperson, 
        corporation, trust, partnership, or other person, who provided 
        services or goods relating to assistance under this chapter.
            ``(D) An attorney, escrow agent, or financial institution, 
        that receives, or holds in escrow, funds relating to assistance 
        under this chapter.
            ``(E) A surviving spouse, heir, assignee, or successor in 
        interest of or to, any person described in this paragraph.

    ``(3)(A) Any overpayment referred to in this subsection may be 
recovered in the same manner as any other debt due the United States.
    ``(B) In recovering the overpayment, the Secretary may charge 
administrative costs, fees, and interest, as appropriate, in a manner 
similar to the authority under section 5315 of this title.
    ``(4)(A) <<NOTE: Waiver authority.>>  The recovery of any 
overpayment referred to in this subsection may be waived by the 
Secretary.

    ``(B) Waiver of any such overpayment as to a person described in 
paragraph (2) shall in no way release any other person described in such 
paragraph from liability.
    ``(5) <<NOTE: Waiver authority.>>  The Secretary shall waive 
recovery under this subsection of any overpayment to a person described 
in paragraph (2)(A), or a dependent or survivor of such person, that 
arises from administrative error described in paragraph (7)(A).

    ``(6) Nothing in this subsection shall be construed as precluding 
the imposition of any civil or criminal liability under this title or 
any other law.
    ``(7) <<NOTE: Regulations.>>  The Secretary shall prescribe in 
regulations what constitutes an overpayment for the purposes of this 
subsection, which, at a minimum, shall include--
            ``(A) administrative error that results in an individual 
        receiving assistance to which that individual is not entitled;
            ``(B) the failure of any person described in paragraph (2) 
        to--
                    ``(i) perform or allow to be performed any act 
                relating to assistance under this chapter; or
                    ``(ii) compensate any party performing services or 
                supplying goods relating to assistance under this 
                chapter; and

[[Page 134 STAT. 4983]]

            ``(C) any disbursement of funds relating to assistance under 
        this chapter, that, in the sole discretion of the Secretary, 
        constitutes a misuse of such assistance.

    ``(8) Prior to collecting an overpayment under this subsection, the 
Secretary shall provide to the person whom the Secretary has determined 
liable for such overpayment--
            ``(A) <<NOTE: Notice.>>  notice of the finding by the 
        Secretary of such overpayment;
            ``(B) a reasonable opportunity for such person to remedy the 
        circumstances that effectuated the overpayment; and
            ``(C) a reasonable opportunity for such person to present 
        evidence to the Secretary that an overpayment was not made.

    ``(9) For the purposes of section 511 of this title, a decision to 
collect an overpayment from a person other than a person described in 
paragraph (2)(A), or a dependent or survivor of such person, may not be 
treated as a decision that affects the provision of benefits.''.

                       Subtitle C--Burial Matters

SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO VETERANS' 
                          CEMETERIES.

    (a) In General.--Subsection (a) of section 2308 of title 38, United 
States Code, is amended by striking ``in a national cemetery'' and 
inserting ``in a national cemetery or a covered veterans' cemetery''.
    (b) Covered Veterans' Cemetery Defined.--Section 2308 of such title 
is amended by adding at the end the following new subsection:
    ``(c) Covered Veterans' Cemetery Defined.--In this section, the term 
`covered veterans' cemetery' means a veterans' cemetery--
            ``(1) in which a deceased veteran described in subsection 
        (b) is eligible to be buried;
            ``(2) that--
                    ``(A) is owned by a State; or
                    ``(B) is on trust land owned by, or held in trust 
                for, a tribal organization; and
            ``(3) for which the Secretary has made a grant under section 
        2408 of this title.''.

    (c) Conforming Amendment.--Section 2308 of such title is amended in 
the section heading by adding at the end the following: ``or a covered 
veterans' cemetery''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of such title <<NOTE: 38 USC 2301 prec.>>  is amended by 
striking the item relating to section 2308 and inserting the following 
new item:

``2308. Transportation of deceased veteran to a national cemetery or a 
           covered veterans' cemetery.''.

    (e) <<NOTE: 38 USC 2308 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date that is two years 
after the date of the enactment of this Act.

[[Page 134 STAT. 4984]]

SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS 
                          ADMINISTERED BY THE SECRETARY OF 
                          VETERANS AFFAIRS.

    (a) Funeral Expenses for Non-service-connected Disabilities.--
Chapter 23 of title 38, United States Code, is amended as follows:
            (1) By transferring subsection (b) of section 2302 to the 
        end of section 2303 and redesignating such subsection as 
        subsection (d).
            (2) By striking section 2302.
            (3) In section 2303--
                    (A) in the section heading, by striking ``Death in 
                Department facility'' and inserting ``Death from non-
                service-connected disability''; and
                    (B) in subsection (a)--
                          (i) in paragraph (1), by striking ``a veteran 
                      dies in a facility described in paragraph (2)'' 
                      and inserting ``a veteran described in paragraph 
                      (2) dies'';
                          (ii) by striking paragraph (2) and inserting 
                      the following new paragraph (2):

    ``(2) A veteran described in this paragraph is a deceased veteran 
who is not covered by section 2307 of this title and who meets any of 
the following criteria:
            ``(A) The deceased veteran dies in--
                    ``(i) a facility of the Department (as defined in 
                section 1701(3) of this title) to which the deceased 
                veteran was properly admitted for hospital, nursing 
                home, or domiciliary care under section 1710 or 1711(a) 
                of this title; or
                    ``(ii) an institution at which the deceased veteran 
                was, at the time of death, receiving--
                          ``(I) hospital care in accordance with 
                      sections 1703A, 8111, and 8153 of this title;
                          ``(II) nursing home care under section 1720 of 
                      this title; or
                          ``(III) nursing home care for which payments 
                      are made under section 1741 of this title.
            ``(B) At the time of death, the deceased veteran (including 
        a person who died during a period deemed to be active military, 
        naval, or air service under section 106(c) of this title) is in 
        receipt of compensation under chapter 11 of this title (or but 
        for the receipt of retirement pay would have been entitled to 
        such compensation) or was in receipt of pension under chapter 15 
        of this title.
            ``(C) <<NOTE: Determination.>>  The Secretary determines--
                    ``(i) the deceased veteran (including a person who 
                died during a period deemed to be active military, 
                naval, or air service under section 106(c) of this 
                title) has no next of kin or other person claiming the 
                body of the deceased veteran; and
                    ``(ii) that there are not available sufficient 
                resources to cover burial and funeral expenses.'';
                          (iii) in subsection (b)--
                                    (I) in the matter preceding 
                                paragraph (1), by striking ``section 
                                2302 of this title and''; and
                                    (II) in paragraph (2), by striking 
                                ``under section 2302 of this title or''; 
                                and

[[Page 134 STAT. 4985]]

                          (iv) in subsection (d), as added by paragraph 
                      (1) of this subsection, by striking ``Except as'' 
                      and inserting ``With respect to a deceased veteran 
                      described in subparagraph (B) or (C) of subsection 
                      (a)(2), except as''.

    (b) Conforming Amendments.--
            (1) Title 38.--Such title is amended as follows:
                    (A) In section 2304, by striking ``Applications for 
                payments under section 2302 of this title'' and 
                inserting ``Applications for payments under section 2303 
                of this title regarding veterans described in 
                subparagraph (B) or (C) of subsection (a)(2) of such 
                section''.
                    (B) In section 2307, by striking ``sections 2302 and 
                2303(a)(1) and (b)(2) of this title'' and inserting 
                ``subsections (a)(1) and (b)(2) of section 2303 of this 
                title''.
                    (C) In section 2308--
                          (i) in subsection (a), by striking ``pursuant 
                      to section 2302 or 2307 of this title,'' and 
                      inserting ``pursuant to section 2303 of this title 
                      regarding veterans described in subparagraph (B) 
                      or (C) of subsection (a)(2) of such section, or 
                      pursuant to section 2307 of this title,''; and
                          (ii) in subsection (b)(3)--
                                    (I) by striking ``section 2302'' and 
                                inserting ``section 2303''; and
                                    (II) by striking ``subsection 
                                (a)(2)(A)'' and inserting ``subsection 
                                (a)(2)(C)''.
                    (D) In section 113(c)(1), by striking ``2302,''.
                    (E) In section 5101(a)(1)(B)(i), by striking 
                ``2302'' and inserting ``2303''.
            (2) Emergency medical care.--Section 11 of the Military 
        Selective Service Act (50 U.S.C. 3810) is amended by striking 
        ``section 2302(a) of title 38'' and inserting ``section 2303 of 
        title 38, United States Code, regarding veterans described in 
        subparagraph (B) or (C) of subsection (a)(2) of such section''.

    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of such title <<NOTE: 38 USC 2301 prec.>>  is amended by 
striking the items relating to sections 2302 and 2303 and inserting the 
following new item:

``2303. Death from non-service-connected disability; plot allowance.''.

    (d) <<NOTE: 38 USC 113 note.>>  Effective Date.--The amendments made 
by this section shall apply to deaths that occur on or after the date 
that is two years after the date of the enactment of this Act.
SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN 
                          CEMETERIES THAT ARE THE SUBJECTS OF 
                          CERTAIN GRANTS MADE BY THE SECRETARY OF 
                          VETERANS AFFAIRS.

    (a) In General.--Section 2306(e) of title 38, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                          (i) by striking ``shall'' and inserting 
                      ``may''; and
                          (ii) by inserting ``, or in a cemetery that is 
                      the subject of a grant to a State or a tribal 
                      organization

[[Page 134 STAT. 4986]]

                      under section 2408 of this title,'' after 
                      ``National Cemetery Administration''; and
                    (B) in subparagraph (C), by striking ``shall'' and 
                inserting ``may''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph (2):

    ``(2)(A) <<NOTE: Regulations. Procedures.>>  The use of outer burial 
receptacles in a cemetery under the control of the National Cemetery 
Administration or in a cemetery that is the subject of a grant to a 
State or a tribal organization under section 2408 of this title shall be 
in accordance with regulations or procedures approved by the Secretary 
of Veterans Affairs.

    ``(B) The use of outer burial receptacles in Arlington National 
Cemetery shall be in accordance with regulations or procedures approved 
by the Secretary of the Army.
    ``(C) The use of outer burial receptacles in a national cemetery 
administered by the National Park Service shall be in accordance with 
regulations or procedures approved by the Secretary of the Interior.''.
    (b) <<NOTE: 38 USC 2306 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date that is two years 
after the date of the enactment of this Act.
SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN ON 
                          CERTAIN HEADSTONES AND MARKERS FURNISHED 
                          BY THE SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--Section 2306 of title 38, United States Code, is 
amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following new 
        subsection (i):

    ``(i)(1) In addition to any other authority under this section, in 
the case of an individual whose grave is not in a covered cemetery (as 
that term is defined in subsection (f)(2)) and for whom the Secretary 
has furnished a headstone or marker under subsection (a) or (d), the 
Secretary, if feasible and upon request, may replace the headstone or 
marker to add an inscription for the surviving spouse or eligible 
dependent child of such individual following the death of the surviving 
spouse or eligible dependent child.
    ``(2) If the spouse or eligible dependent child of an individual 
referred to in paragraph (1) predeceases the individual, the Secretary 
may, if feasible and upon request, include an inscription for the spouse 
or dependent child on the headstone or marker furnished for the 
individual under subsection (a) or (d).''.
    (b) <<NOTE: 38 USC 2306 note.>>  Application.--Subsection (i) of 
section 2306 of title 38, United States Code, as added by subsection 
(a), shall apply with respect to an individual who dies on or after 
October 1, 2019.
SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPANSION, AND 
                          IMPROVEMENT OF VETERANS' CEMETERIES.

    (a) In General.--Section 2408 of title 38, United States Code, is 
amended--
            (1) by inserting ``or county'' after ``State'' each place it 
        appears;
            (2) in subsection (a)(1), in the matter preceding 
        subparagraph (A), by striking ``subsection (b)'' and inserting 
        ``subsections (b), (c), (d), and (g)'';
            (3) by adding at the end the following new subsection:

[[Page 134 STAT. 4987]]

    ``(g)(1) <<NOTE: Grants.>>  The Secretary may make a grant to a 
county under this section only if--

    ``(A)(i) the State in which the county is located does not have a 
veterans' cemetery owned by the State;
    ``(ii) the State is not in receipt of a grant under this section for 
the construction of a new veterans' cemetery to be owned by the State;
    ``(iii) the State did not apply for a grant under this section 
during the previous year;
    ``(iv) no tribal organization from the State in which the county is 
located has a veterans' cemetery on trust land owned by, or held in 
trust for, the tribal organization;
    ``(v) no such tribal organization is in receipt of a grant under 
this section for the construction of a new veterans' cemetery to be 
located on such land; and
    ``(vi) no such tribal organization applied for a grant under this 
section during the previous year; and
    ``(B) the county demonstrates in the application under subsection 
(a)(2), to the satisfaction of the Secretary, that the county has the 
resources necessary to operate and maintain the veterans' cemetery owned 
by the county.
    ``(2)(A) If a county and the State in which the county is located 
both apply for a grant under this section for the same year, the 
Secretary shall give priority to the State.
    ``(B) If a county and a tribal organization from the State in which 
the county is located both apply for a grant under this section for the 
same year, the Secretary shall give priority to the tribal organization.
    ``(3) <<NOTE: Regulations.>>  The Secretary shall prescribe 
regulations to carry out this subsection.''; and
            (4) in subsection (f)--
                    (A) by redesignating paragraph (3) as subsection 
                (h);
                    (B) by moving such subsection, as so redesignated, 
                to the location after subsection (g), as added by 
                paragraph (3);
                    (C) in subsection (h), as so redesignated and moved, 
                by redesignating subparagraphs (A) and (B) as paragraphs 
                (1) and (2), respectively; and
                    (D) in the matter preceding paragraph (1), as so 
                redesignated, by striking ``this subsection'' and 
                inserting ``this section''.

    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        by inserting ``, counties, and tribal organizations'' after 
        ``States''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 24 of such title <<NOTE: 38 USC 2400 
        prec.>>  is amended by striking the item relating to section 
        2408 and inserting the following new item:

``2408. Aid to States, counties, and tribal organizations for 
           establishment, expansion, and improvement of veterans' 
           cemeteries.''.

    (c) <<NOTE: 38 USC 2408 note.>>  Effective Date.--The amendments 
made by this section shall take on effect on the date that is two years 
after the date of the enactment of this Act.

[[Page 134 STAT. 4988]]

SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES, 
                          COUNTIES, AND TRIBAL ORGANIZATIONS FOR 
                          OPERATING AND MAINTAINING VETERANS' 
                          CEMETERIES.

    Section 2408(e)(2) of title 38, United States Code, is amended by 
striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE PLAQUES FOR REMAINS 
                          OF CERTAIN VETERANS WHOSE CREMATED 
                          REMAINS ARE NOT INTERRED IN CERTAIN 
                          CEMETERIES.

    (a) In General.--Section 2306 of title 38, United States Code, as 
amended by section 2204 of this title, is further amended--
            (1) by redesignating subsections (h), (i), and (j) as 
        subsections (i), (j), and (k), respectively; and
            (2) by inserting after subsection (g) the following new 
        subsection (h):

    ``(h)(1) In lieu of furnishing a headstone or marker under this 
section for a deceased individual described in paragraph (3), the 
Secretary shall furnish, upon request and at the expense of the United 
States--
            ``(A) an urn made of any material to signify the 
        individual's status as a veteran, in which the remains of such 
        individual may be placed at private expense; or
            ``(B) a commemorative plaque signifying the individual's 
        status as a veteran.

    ``(2) If the Secretary furnishes an urn or commemorative plaque for 
an individual under paragraph (1), the Secretary may not provide for 
such individual--
            ``(A) a headstone or marker under this section; or
            ``(B) any burial benefit under section 2402 of this title.

    ``(3) A deceased individual described in this paragraph is an 
individual--
            ``(A) who served in the Armed Forces on or after April 6, 
        1917;
            ``(B) who is eligible for a headstone or marker furnished 
        under subsection (d) (or would be so eligible but for the date 
        of the death of the individual); and
            ``(C) whose remains were cremated and not interred in a 
        national cemetery, a State veterans' cemetery, a tribal 
        cemetery, a county cemetery, or a private cemetery.

    ``(4)(A) Any urn or commemorative plaque furnished under this 
subsection shall be the personal property of the next of kin or such 
other individual as the Secretary considers appropriate.
    ``(B) The Federal Government shall not be liable for any damage to 
an urn or commemorative plaque furnished under this subsection that 
occurs after the date on which the urn or commemorative plaque is so 
furnished.
    ``(5) <<NOTE: Regulations.>>  The Secretary shall prescribe 
regulations to carry out this subsection.''.

    (b) <<NOTE: 38 USC 2306 note.>>  Effective Date.--The amendments 
made by this section shall take on effect on the date that is two years 
after the date of the enactment of this Act.
SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS' CEMETERY 
                          PERSONNEL BY NATIONAL CEMETERY 
                          ADMINISTRATION.

    (a) In General.--Section 2408 of title 38, United States Code, as 
amended by sections 2205 and 2206 of this title, is further amended--

[[Page 134 STAT. 4989]]

            (1) in subsection (b)(1)--
                    (A) in subparagraph (A)--
                          (i) by striking ``and (ii) the cost'' and 
                      inserting ``(ii) the cost''; and
                          (ii) by inserting ``; and (iii) training costs 
                      described in subsection (c)(1)'' before the 
                      semicolon; and
                    (B) in subparagraph (B)--
                          (i) by striking ``and (ii) the cost'' and 
                      inserting ``(ii) the cost''; and
                          (ii) by inserting ``; and (iii) training costs 
                      described in subsection (c)(1)'' before the 
                      period;
            (2) by redesignating subsections (c) through (h) as 
        subsections (d) through (i), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c)(1) <<NOTE: Grants.>>  A grant under this section for a purpose 
described in subparagraph (A) or (B) of subsection (a)(1) may be used, 
solely or in part, for training costs, including travel expenses and up 
to four weeks of lodging expenses, associated with attendance by 
employees of a veterans' cemetery owned by a State or on trust land 
owned by, or held in trust for, a tribal organization at training 
provided by the National Cemetery Administration.

    ``(2) <<NOTE: Determination.>>  Any employee described in paragraph 
(1) who participates in training described in such paragraph shall 
fulfill a service requirement as determined by the Secretary.

    ``(3) <<NOTE: Regulations.>>  The Secretary may by regulation 
prescribe such additional terms and conditions for grants used for 
training costs under this subsection as the Secretary considers 
appropriate.''.

    (b) Reports.--
            (1) In general.--Not later than each of two years and five 
        years after the date of the enactment of this Act, the Secretary 
        of Veterans Affairs shall submit to the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' Affairs of 
        the House of Representatives a report on training provided by 
        the National Cemetery Administration under subsection (c) of 
        section 2408 of title 38, United States Code, as added by 
        subsection (a).
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) The attrition rate with respect to individuals 
                who participate in the training described in paragraph 
                (1).
                    (B) A description of how State and tribal veterans' 
                cemeteries that used grants awarded under section 2408 
                of title 38, United States Code, for training costs 
                under subsection (c) of such section, as added by 
                subsection (a), have improved as a result of the 
                training, according to the administrators of such 
                cemeteries.
                    (C) An identification of how many State and tribal 
                veterans' cemeteries used the authority provided by 
                subsection (c) of section 2408 of title 38, United 
                States Code, as added by subsection (a), in order to 
                train individuals.
                    (D) The amount obligated or expended as a result of 
                the authority described in subparagraph (C).

[[Page 134 STAT. 4990]]

                         TITLE III--HEALTH CARE

                    Subtitle A--Health Care Generally

SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DIRECTED CARE 
                          PROGRAM.

    Section 20006 of the Coronavirus Aid, Relief, and Economic Security 
Act (Public Law 116-136) <<NOTE: Ante, p. 587.>>  is amended--
            (1) by striking ``During a public health emergency'' each 
        place it appears and inserting ``During the period specified in 
        subsection (f)'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``during a public health emergency'' and 
                inserting ``during the period specified in subsection 
                (f)''; and
                    (B) in paragraph (1), by striking ``an area agency 
                on aging'' and inserting ``a covered provider''; and
            (3) by striking subsection (e) and inserting the following 
        new subsections:

    ``(e) Transfer of Certain Veterans to the Program.--During the 
period specified in subsection (f), the Secretary shall allow a veteran 
residing in an area covered by the Program to be transferred to the 
Program for the duration of such period if--
            ``(1) the veteran had been receiving extended care services 
        paid for by the Department, such as adult day services or 
        homemaker or home health aide services, immediately preceding 
        such period; and
            ``(2) those services are no longer available due to a public 
        health emergency.

    ``(f) Period Specified.--The period specified in this subsection is 
the period beginning on the date on which a public health emergency was 
first declared and ending on the date that is 60 days after the date on 
which a public health emergency is no longer in effect.
    ``(g) Covered Provider Defined.--In this section, the term `covered 
provider' means a provider participating in the Program, including--
            ``(1) an Aging and Disability Resource Center, an area 
        agency on aging, or a State agency (as those terms are defined 
        in section 102 of the Older Americans Act of 1965 (42 U.S.C. 
        3002)); or
            ``(2) a center for independent living (as defined in section 
        702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)).''.
SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH CARE COPAYMENT BY 
                          THE SECRETARY OF VETERANS AFFAIRS FROM A 
                          VETERAN WHO IS A MEMBER OF AN INDIAN 
                          TRIBE.

    (a) In General.--Section 1730A of title 38, United States Code, is 
amended--
            (1) in the heading, by striking ``catastrophically 
        disabled'' and inserting ``certain'';
            (2) by inserting ``(a) Prohibition.--'' before 
        ``Notwithstanding'';

[[Page 134 STAT. 4991]]

            (3) by striking ``a veteran who is catastrophically 
        disabled, as defined by the Secretary,'' and inserting ``a 
        covered veteran''; and
            (4) by adding at the end the following new subsection:

    ``(b) Covered Veteran Defined.--In this section, the term `covered 
veteran' means a veteran who--
            ``(1) is catastrophically disabled, as defined by the 
        Secretary; or
            ``(2) is an Indian or urban Indian (as those terms are 
        defined in section 4 of the Indian Health Care Improvement Act 
        (25 U.S.C. 1603)).''.

    (b) Technical Amendment.--The table of sections at the beginning of 
chapter 17 of such title <<NOTE: 38 USC 1701 prec.>>  is amended by 
striking the item relating to section 1730A and inserting the following:

``1730A. Prohibition on collection of copayments from certain 
           veterans.''.

    (c) <<NOTE: 38 USC 1730A note.>>  Effective Date.--The amendments 
made by this section shall take effect on the day that is one year after 
the date of the enactment of this Act.
SEC. 3003. <<NOTE: 38 USC 1701 note.>>  OVERSIGHT FOR STATE HOMES 
                          REGARDING COVID-19 INFECTIONS, RESPONSE 
                          CAPACITY, AND STAFFING LEVELS.

    (a) Reporting.--
            (1) In general.--During a covered public health emergency, 
        each State home shall submit weekly to the Secretary of Veterans 
        Affairs and the National Healthcare Safety Network of the 
        Centers for Disease Control and Prevention, through an 
        electronic medium and in a standardized format specified by the 
        Secretary, a report on the emergency.
            (2) <<NOTE: Assessments.>>  Elements.--Each report required 
        by paragraph (1) for a State home shall include the following:
                    (A) The number of suspected and confirmed COVID-19 
                infections among residents and staff, including 
                residents previously treated for COVID-19, disaggregated 
                by--
                          (i) veteran, spouse of a veteran, staff, and 
                      other;
                          (ii) race and ethnicity;
                          (iii) gender; and
                          (iv) age.
                    (B) The number of total deaths and COVID-19 deaths 
                among residents and staff, disaggregated by--
                          (i) veteran, spouse of a veteran, staff, and 
                      other;
                          (ii) race and ethnicity;
                          (iii) gender; and
                          (iv) age.
                    (C) An assessment of the supply of personal 
                protective equipment and hand hygiene supplies.
                    (D) An assessment of ventilator capacity and 
                supplies.
                    (E) The number of resident beds and the occupancy 
                rate, disaggregated by veteran, spouse of a veteran, and 
                other.
                    (F) An assessment of the access of residents to 
                testing for COVID-19.
                    (G) An assessment of staffing shortages, if any.
                    (H) Such other information as the Secretary may 
                specify.

    (b) Publication of Total Infections and Deaths.--

[[Page 134 STAT. 4992]]

            (1) <<NOTE: Deadlines. Public information. Web postings.>>  
        In general.--Not later than 30 days after the date of the 
        enactment of this Act, and not less frequently than weekly 
        thereafter, the Secretary shall post on a publicly available 
        website of the Department of Veterans Affairs--
                    (A) the total number of residents and staff of State 
                homes who are infected with COVID-19; and
                    (B) the total number of such residents and staff who 
                have died from COVID-19.
            (2) Information on residents and staff.--The Secretary shall 
        disaggregate information on residents and staff published under 
        paragraph (1) by veteran, staff, and other.

    (c) Definitions.--In this section:
            (1) Covered public health emergency.--The term ``covered 
        public health emergency'' means an emergency with respect to 
        COVID-19 declared by a Federal, State, or local authority.
            (2) State home.--The term ``State home'' has the meaning 
        given that term in section 101(19) of title 38, United States 
        Code.
SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS.

    (a) State Home Defined.--Section 101(19) of title 38, United States 
Code, is amended by inserting ``or Indian tribe (as defined in section 4 
of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5304))'' after ``(other than a possession)''.
    (b) Payments to State Homes.--Section 1741 of title 38, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(g) <<NOTE: Definition.>>  In this subchapter, the term `State' 
means each of the several States and each Indian tribe (as defined in 
section 4 of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 5304)).''.

    (c) State Home Construction.--
            (1) In general.--Section 8131(2) of title 38, United States 
        Code, is amended by inserting ``includes each Indian tribe (as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304)) but'' before ``does 
        not''.
            (2) Conforming amendment.--Section 8132 of such title is 
        amended by striking ``several''.

    (d) <<NOTE: 38 USC 1741 note.>>  Additional Legislative or 
Administrative Action.--
            (1) <<NOTE: Deadline. Determination.>>  Consultation with 
        indian tribes.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Veterans Affairs shall 
        consult with Indian tribes to determine if any legislative or 
        administrative action is necessary to modify the State home 
        program to function efficiently in support of State homes 
        operated by Indian tribes pursuant to the amendments made by 
        this section.
            (2) Report to congress.--Not later than 90 days after 
        completing consultations under paragraph (1), the Secretary 
        shall submit to the appropriate committees of Congress a report 
        recommending legislative action that the Secretary considers 
        appropriate to modify the State home program described in such 
        paragraph in light of those consultations.
            (3) <<NOTE: Deadline.>>  Modifications.--Not later than 180 
        days after completing consultations under paragraph (1), the 
        Secretary shall make any modifications to regulations 
        implementing the State home program, for which legislative 
        action is not necessary,

[[Page 134 STAT. 4993]]

        as the Secretary considers appropriate in light of those 
        consultations.

    (e) Technical Support and Assistance.--The Secretary of Veterans 
Affairs shall provide technical support and assistance to Indian tribes 
in carrying out the State home program at State homes operated by Indian 
tribes pursuant to the amendments made by this section.
    (f) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Indian Affairs of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Subcommittee for Indigenous Peoples of the United States 
                of the Committee on Natural Resources of the House of 
                Representatives.
            (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given that term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304).
            (3) State home.--The term ``State home'' has the meaning 
        given that term in section 101(19) of title 38, United States 
        Code.
            (4) State home program.--The term ``State home program'' 
        means the program of the Department of Veterans Affairs for 
        which payments are made under subchapter V of chapter 17 of 
        title 38, United States Code, and assistance is provided under 
        subchapter III of chapter 81 of such title.
SEC. 3005. CONTINUATION OF WOMEN'S HEALTH TRANSITION TRAINING 
                          PROGRAM OF DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) <<NOTE: 38 USC 6303 note.>>  Duration.--The Secretary of 
Veterans Affairs shall carry out the Women's Health Transition Training 
program of the Department of Veterans Affairs (in this section referred 
to as the ``Program'') until at least one year after the date of the 
enactment of this Act.

    (b) Report.--Not later than one year and ten days after the date of 
the enactment of this Act, the Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly submit to the appropriate congressional 
committees a report on the Program that includes the following:
            (1) The number of women members of the Armed Forces, 
        disaggregated by military department (with respect to the 
        Department of the Navy, disaggregated by the Navy and Marine 
        Corps), who participated in the Program.
            (2) The number of courses held under the Program.
            (3) The locations at which such courses were held, the 
        number of seats available for such courses, and the number of 
        participants at each such location.
            (4) With respect to the number of members of the Armed 
        Forces who participated in the Program as specified under 
        paragraph (1)--
                    (A) the number who enrolled in the health care 
                system of the Department of Veterans Affairs under 
                section 1705(a) of title 38, United States Code; and

[[Page 134 STAT. 4994]]

                    (B) the number who attended at least one health care 
                appointment at a medical facility of the Department of 
                Veterans Affairs.
            (5) Data relating to--
                    (A) satisfaction with courses held under the 
                Program;
                    (B) improved awareness of health care services 
                administered by the Secretary of Veterans Affairs; and
                    (C) any other available statistics regarding the 
                Program.
            (6) A discussion of regulatory, legal, or resource barriers 
        to--
                    (A) making the Program permanent to enable access to 
                services provided under the Program by a greater number 
                of women members of the Armed Forces at locations 
                throughout the United States;
                    (B) offering the Program online for women members of 
                the Armed Forces who are unable to attend courses held 
                under the Program in person; and
                    (C) the feasability of automatically enrolling 
                Program participants in the health care system of the 
                Department of Veterans Affairs under section 1705(a) of 
                title 38, United States Code.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the House of Representatives.
SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO FURNISH 
                          MEDICALLY NECESSARY TRANSPORTATION FOR 
                          NEWBORN CHILDREN OF CERTAIN WOMEN 
                          VETERANS.

    (a) In General.--Section 1786 of title 38, United States Code, as 
amended by section 9102 of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021, is further amended--
            (1) in subsection (a)--
                    (A) in the matter before paragraph (1), by inserting 
                ``and transportation necessary to receive such 
                services'' after ``described in subsection (b)'';
                    (B) in paragraph (1), by striking ``or'';
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) another location, including a health care facility, if 
        the veteran delivers the child before arriving at a facility 
        described in paragraph (1) or (2).'';
            (2) in subsection (b), by inserting before the period at the 
        end the following: ``, including necessary health care services 
        provided by a facility other than the facility where the newborn 
        child was delivered (including a specialty pediatric hospital) 
        that accepts transfer of the newborn child and responsibility 
        for treatment of the newborn child''; and
            (3) by adding at the end the following new subsections:

    ``(d) Transportation.--(1) Transportation furnished under subsection 
(a) to, from, or between care settings to meet the needs

[[Page 134 STAT. 4995]]

of a newborn child includes costs for either or both the newborn child 
and parents.
    ``(2) Transportation furnished under subsection (a) includes 
transportation by ambulance, including air ambulance, or other 
appropriate medically staffed modes of transportation--
            ``(A) to another health care facility (including a specialty 
        pediatric hospital) that accepts transfer of the newborn child 
        or otherwise provides post-delivery care services when the 
        treating facility is not capable of furnishing the care or 
        services required; or
            ``(B) to a health care facility in a medical emergency of 
        such nature that a prudent layperson reasonably expects that 
        delay in seeking immediate medical attention would be hazardous 
        to life or health.

    ``(3) Amounts paid by the Department for transportation under this 
section shall be derived from the Medical Services appropriations 
account of the Department.
    ``(e) Reimbursement or Payment for Health Care Services or 
Transportation.--(1) <<NOTE: Regulations.>>  Pursuant to regulations the 
Secretary shall prescribe to establish rates of reimbursement and any 
limitations thereto under this section, the Secretary shall directly 
reimburse a covered entity for health care services or transportation 
services provided under this section, unless the cost of the services or 
transportation is covered by an established agreement or 
contract. <<NOTE: Applicability.>>  If such an agreement or contract 
exists, its negotiated payment terms shall apply.

    ``(2)(A) <<NOTE: Deadline.>>  Reimbursement or payment by the 
Secretary under this section on behalf of an individual to a covered 
entity shall, unless rejected and refunded by the covered entity within 
30 days of receipt, extinguish any liability on the part of the 
individual for the health care services or transportation covered by 
such payment.

    ``(B) Neither the absence of a contract or agreement between the 
Secretary and a covered entity nor any provision of a contract, 
agreement, or assignment to the contrary shall operate to modify, limit, 
or negate the requirements of subparagraph (A).
    ``(3) <<NOTE: Definition.>>  In this subsection, the term `covered 
entity' means any individual, transportation carrier, organization, or 
other entity that furnished or paid for health care services or 
transportation under this section.''.

    (b) <<NOTE: 38 USC 1786 note.>>  Treatment of Certain Expenses 
Already Incurred.--
            (1) <<NOTE: Regulations. Reimbursements.>>  In general.--
        Pursuant to such regulations as the Secretary of Veterans 
        Affairs shall prescribe, with respect to transportation 
        furnished in order for a newborn child of a veteran to receive 
        health care services under section 1786 of title 38, United 
        States Code, during the period specified in paragraph (2), the 
        Secretary may--
                    (A) <<NOTE: Waiver authority.>>  waive a debt owed 
                by the veteran to the Department of Veterans Affairs or 
                reimburse expenses already paid by the veteran to the 
                Department for such transportation;
                    (B) reimburse the veteran for expenses already paid 
                by the veteran to a covered entity for such 
                transportation; or
                    (C) reimburse a covered entity for the costs of such 
                transportation.

[[Page 134 STAT. 4996]]

            (2) Period specified.--The period specified in this 
        paragraph is the period beginning on May 5, 2010, and ending on 
        the date of the enactment of this Act.
            (3) Covered entity defined.--In this subsection, the term 
        ``covered entity'' has the meaning given that term in section 
        1786(e)(3) of title 38, United States Code, as added by 
        subsection (a).
SEC. 3007. <<NOTE: 38 USC 1741 note.>>  WAIVER OF REQUIREMENTS OF 
                          DEPARTMENT OF VETERANS AFFAIRS FOR 
                          RECEIPT OF PER DIEM PAYMENTS FOR 
                          DOMICILIARY CARE AT STATE HOMES AND 
                          MODIFICATION OF ELIGIBILITY FOR SUCH 
                          PAYMENTS.

    (a) Waiver of Requirements. <<NOTE: Regulations.>> --Notwithstanding 
section 1741 of title 38, United States Code (as amended by subsection 
(b)), the Secretary of Veterans Affairs shall modify section 51.51(b) of 
title 38, Code of Federal Regulations (or successor regulations), to 
provide the Secretary the authority to waive the requirements under such 
section 51.51(b) for a veteran to be eligible for per diem payments for 
domiciliary care at a State home if--
            (1) the veteran has met not fewer than four of the 
        requirements set forth in such section; or
            (2) such waiver would be in the best interest of the 
        veteran.

    (b) Modification of Eligibility.--Section 1741(a)(1) of title 38, 
United States Code, is amended, in the flush text following subparagraph 
(B), by striking ``in a Department facility'' and inserting ``under the 
laws administered by the Secretary''.
    (c) State Home Defined.--In this section, the term ``State home'' 
has the meaning given that term in section 101(19) of title 38, United 
States Code.
SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON 
                          STAFFING AND VACANCIES AT FACILITIES OF 
                          THE DEPARTMENT OF VETERANS AFFAIRS TO 
                          INCLUDE INFORMATION ON DURATION OF 
                          HIRING PROCESS.

    (a) Quarterly Update.--Subsection (a)(1) of section 505 of the VA 
MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 301 note) is amended 
by adding at the end the following new subparagraph:
                    ``(E) Beginning with any update under paragraph (3) 
                on or after the date of the enactment of the Johnny 
                Isakson and David P. Roe, M.D. Veterans Health Care and 
                Benefits Improvement Act of 2020, the following:
                          ``(i) For employees appointed under paragraphs 
                      (1) and (3) of section 7401 of title 38, United 
                      States Code, the number of employees for which the 
                      duration of the process from validation of vacancy 
                      to receipt of official offer and notification of 
                      actual start date exceeds the metrics laid out in 
                      the Time to Hire Model of the Veterans Health 
                      Administration, or successor model.
                          ``(ii) The percentage of employees who are 
                      described in clause (i) compared to all employees 
                      appointed under paragraphs (1) and (3) of section 
                      7401 of such title during the same period.
                          ``(iii) The average number of days potential 
                      hires or new hires appointed under paragraphs (1) 
                      and (3) of section 7401 of such title spent in 
                      each phase of the Time to Hire Model, or successor 
                      model.''.

[[Page 134 STAT. 4997]]

    (b) Annual Report.--Subsection (b) of such section is amended, in 
the first sentence, by adding before the period at the end the 
following: ``and to improve the onboard timeline for facilities for 
which the duration of the onboarding process exceeds the metrics laid 
out in the Time to Hire Model of the Veterans Health Administration, or 
successor model''.
SEC. 3009. <<NOTE: 38 USC 8110 note.>>  REQUIREMENT FOR CERTAIN 
                          DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                          FACILITIES TO HAVE PHYSICAL LOCATION FOR 
                          THE DISPOSAL OF CONTROLLED SUBSTANCES 
                          MEDICATIONS.

    (a) In General.--The Secretary of Veterans Affairs shall ensure that 
each covered Department medical facility has a physical location where 
patients may dispose of controlled substances medications.
    (b) <<NOTE: Definition.>>  Covered Department Medical Facility.--In 
this section, the term ``covered Department medical facility'' means a 
medical facility of the Department of Veterans Affairs with an onsite 
pharmacy or a physical location dedicated for law enforcement purposes.

    (c) Effective Date.--This section shall take effect on January 1, 
2022.
SEC. 3010. <<NOTE: 38 USC 7401 note.>>  DEPARTMENT OF VETERANS 
                          AFFAIRS PILOT PROGRAM FOR CLINICAL 
                          OBSERVATION BY UNDERGRADUATE STUDENTS.

    (a) <<NOTE: Time period. Effective date.>>  Establishment.--The 
Secretary of Veterans Affairs shall carry out a pilot program for a one-
year period, beginning not later than August 15, 2021, to provide 
certain students described in subsection (d) a clinical observation 
experience at medical centers of the Department of Veterans Affairs.

    (b) Medical Center Selection.--The Secretary shall carry out the 
pilot program under this section at not fewer than five medical centers 
of the Department. In selecting such medical centers, the Secretary 
shall ensure regional diversity among such selected medical centers.
    (c) Clinical Observation Sessions.--
            (1) Frequency and duration.--In carrying out the pilot 
        program, the Secretary shall--
                    (A) provide at least one and not more than three 
                clinical observation sessions at each medical center 
                selected during each calendar year;
                    (B) ensure that each clinical observation session--
                          (i) lasts between four and six months; and
                          (ii) to the extent practicable, begins and 
                      ends concurrently with one or more academic terms 
                      of an institution of higher education (as defined 
                      in section 101 of the Higher Education Act of 1965 
                      (20 U.S.C. 1001)); and
                    (C) ensure that the clinical observation sessions 
                provided at a medical center have minimal overlap.
            (2) Sessions.--The Secretary shall ensure that the pilot 
        program consists of clinical observation sessions as follows:
                    (A) Each session shall allow for not fewer than five 
                students nor greater than 15 students to participate in 
                the session.
                    (B) Each session shall consist of not fewer than 20 
                observational hours nor greater than 40 observational 
                hours.

[[Page 134 STAT. 4998]]

                    (C) A majority of the observational hours shall be 
                spent observing a health professional. The other 
                observational hours shall be spent in a manner that 
                ensures a robust, well rounded experience that exposes 
                the students to a variety of aspects of medical care and 
                health care administration.
                    (D) Each session shall provide a diverse clinical 
                observation experience.

    (d) Students.--
            (1) Selection.--The Secretary shall select to participate in 
        the pilot program under subsection (a) students who are--
                    (A) nationals of the United States;
                    (B) enrolled in an accredited program of study at an 
                institution of higher education; and
                    (C) referred by their institution of higher 
                education following an internal application process.
            (2) Priority.--In making such selection, the Secretary shall 
        give priority to each of the following five categories of 
        students:
                    (A) Students who, at the time of the completion of 
                their secondary education, resided in a health 
                professional shortage area (as defined in section 332 of 
                the Public Health Service Act (42 U.S.C. 254e)).
                    (B) First generation college students (as defined in 
                section 402A(h)(3) of the Higher Education Act of 1965 
                (20 U.S.C. 1067q(a))).
                    (C) Students who have been referred by minority-
                serving institutions (as defined in section 371(a) of 
                the Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
                    (D) Veterans (as defined in section 101 of title 38, 
                United States Code).
                    (E) Students who indicate an intention to specialize 
                in a health professional occupation identified by the 
                Inspector General of the Department under section 7412 
                of title 38, United States Code, as having a staffing 
                shortage.
            (3) Assignment to medical centers.--The Secretary shall 
        assign students selected under paragraph (1) to medical centers 
        selected under subsection (b) without regard for whether such 
        medical centers have staffing shortages in any health 
        professional occupation pursuant to section 7412 of title 38, 
        United States Code.

    (e) Other Matters.--In carrying out the pilot program under this 
section, the Secretary shall--
            (1) establish a formal status to facilitate the access to 
        medical centers of the Department by student observers 
        participating in the pilot program;
            (2) <<NOTE: Requirements.>>  establish standardized legal, 
        privacy, and ethical requirements for the student observers, 
        including with respect to--
                    (A) ensuring that no student observer provides any 
                care to patients while participating as an observer; and
                    (B) ensuring the suitability of a student to 
                participate in the pilot program to ensure that the 
                student poses no risk to patients;
            (3) <<NOTE: Strategy.>>  develop and implement a partnership 
        strategy with minority-serving institutions to encourage 
        referrals;
            (4) <<NOTE: Procedures.>>  create standardized procedures 
        for student observers;

[[Page 134 STAT. 4999]]

            (5) <<NOTE: Website.>>  create an online information page 
        about the pilot program on the internet website of the 
        Department;
            (6) <<NOTE: Web posting. Deadline.>>  publish on the online 
        information page created under paragraph (5) the locations of 
        such centers, and other information on the pilot program, not 
        later than 180 days before the date on which applications are 
        required to be submitted by potential student observers;
            (7) identify medical centers and specific health 
        professionals participating in the pilot program; and
            (8) <<NOTE: Notification. Deadline.>>  notify the Committees 
        on Veterans' Affairs of the House of Representatives and the 
        Senate of the medical centers selected under subsection (c) 
        within 30 days of selection, to facilitate program awareness.

    (f) Report.--Not later than 180 days after the completion of the 
pilot program under subsection (a), the Secretary shall submit to the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate a report on the results of the pilot program, including--
            (1) the number and demographics of all applicants, those 
        accepted to participate in the pilot program, and those who 
        completed the pilot program; and
            (2) if participating institutions of higher education choose 
        to administer satisfaction surveys that assess the experience of 
        those who completed the pilot program, the results of any such 
        satisfaction surveys, provided at the discretion of the 
        institution of higher education.

    (g) Sense of Congress Regarding Department of Veterans Affairs Pilot 
Program for Clinical Observation by Undergraduate Students.--It is the 
sense of Congress that the pilot program described in subsection (a) 
should be designed to--
            (1) increase the awareness, knowledge, and empathy of future 
        health professionals toward the health conditions common to 
        veterans;
            (2) increase the diversity of the recruitment pool of future 
        physicians of the Department; and
            (3) expand clinical observation opportunities for all 
        students by encouraging students of all backgrounds to consider 
        a career in the health professions.

    (h) No Additional Funds Authorized.--No additional funds are 
authorized to be appropriated to carry out the requirements of this 
section. Such requirements shall be carried out using amounts otherwise 
authorized to be appropriated.

              Subtitle B--Scheduling and Consult Management

SEC. 3101. <<NOTE: 38 USC 1701 note.>>  PROCESS AND REQUIREMENTS 
                          FOR SCHEDULING APPOINTMENTS FOR HEALTH 
                          CARE FROM DEPARTMENT OF VETERANS AFFAIRS 
                          AND NON-DEPARTMENT HEALTH CARE.

    (a) Process and Requirements.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 60 days 
        after the date of the enactment of this Act, the Secretary of 
        Veterans Affairs shall--
                    (A) establish a process and requirements for 
                scheduling appointments for--

[[Page 134 STAT. 5000]]

                          (i) health care from the Department of 
                      Veterans Affairs; and
                          (ii) health care furnished through the 
                      Veterans Community Care Program under section 1703 
                      of title 38, United States Code, by a non-
                      Department health care provider; and
                    (B) submit to the Committee on Veterans' Affairs of 
                the Senate and the Committee on Veterans' Affairs of the 
                House of Representatives a description of such process 
                and requirements.
            (2) Elements of description.--The description of the process 
        and requirements for scheduling appointments for health care 
        required to be submitted under paragraph (1)(B) shall include--
                    (A) information on how such process and requirements 
                take into account the access standards established under 
                section 1703B of title 38, United States Code; and
                    (B) the maximum number of days allowed to complete 
                each step of such process.
            (3) Periodic revision.--
                    (A) In general.--The Secretary may revise the 
                process and requirements required under paragraph (1) as 
                the Secretary considers necessary.
                    (B) <<NOTE: Deadline.>>  Submittal to congress.--Not 
                later than 30 days before revising the process and 
                requirements under subparagraph (A), the Secretary shall 
                submit to the Committee on Veterans' Affairs of the 
                Senate and the Committee on Veterans' Affairs of the 
                House of Representatives a description of such revised 
                process and requirements, including a description of any 
                modifications to the certification and training under 
                subsection (b).

    (b) Certification and Training on Process and Requirements.--
            (1) <<NOTE: Deadline.>>  Certification.--Not later than one 
        year after the date of the enactment of this Act, the Secretary 
        shall require each individual involved in the scheduling of 
        appointments for health care from the Department or health care 
        described in subsection (a)(1)(A)(ii), including schedulers, 
        clinical coordinators, and supervisors, to certify to the 
        Secretary that the individual understands the process and 
        requirements established under subsection (a), including the 
        maximum number of days allowed to complete each step of such 
        process.
            (2) New employees.--The Secretary shall require each 
        employee hired by the Department on or after the date of the 
        enactment of this Act who is to be involved in the scheduling of 
        appointments for health care from the Department or health care 
        described in subsection (a)(1)(A)(ii)--
                    (A) to undergo training on the process and 
                requirements established under subsection (a) as part of 
                training for the position for which the employee has 
                been hired; and
                    (B) to make the certification to the Secretary 
                required under paragraph (1).

    (c) Method to Monitor Compliance.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        shall establish or maintain a method or tool--

[[Page 134 STAT. 5001]]

                    (A) to enable monitoring of the compliance of the 
                Department with the process and requirements established 
                under subsection (a), including compliance with policies 
                of the Department relating to the maximum number of days 
                allowed to complete each step of such process; and
                    (B) to ensure that each medical facility of the 
                Department complies with such process and requirements.
            (2) Use throughout department.--
                    (A) In general.--The Secretary shall require each 
                medical facility of the Department to use the method or 
                tool described in paragraph (1).
                    (B) Report.--Not later than one year after the date 
                of the enactment of this Act, the Secretary shall submit 
                to the Committee on Veterans' Affairs of the Senate and 
                the Committee on Veterans' Affairs of the House of 
                Representatives a report indicating whether each medical 
                facility of the Department is using the method or tool 
                described in paragraph (1).

    (d) Comptroller General Report.--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 Veterans' Affairs of the Senate 
and the Committee on Veterans' Affairs of the House of Representatives a 
report on the compliance of the Secretary with the requirements of this 
section.
SEC. 3102. <<NOTE: 38 USC 1701 note.>>  AUDITS REGARDING 
                          SCHEDULING OF APPOINTMENTS AND 
                          MANAGEMENT OF CONSULTATIONS FOR HEALTH 
                          CARE FROM DEPARTMENT OF VETERANS AFFAIRS 
                          AND NON-DEPARTMENT HEALTH CARE.

    (a) <<NOTE: Deadlines.>>  In General.--Not later than each of one 
year and two years after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall provide for the conduct of a 
facility-level audit of the scheduling of appointments and the 
management of consultations for health care under the laws administered 
by the Secretary.

    (b) Application.--
            (1) First audit.--The first audit required under subsection 
        (a) shall apply to each medical facility of the Department of 
        Veterans Affairs.
            (2) <<NOTE: Determination.>>  Second audit.--The second 
        audit required under subsection (a) shall apply to only those 
        medical facilities of the Department that are in need of 
        corrective action based on the first audit, as determined by the 
        Secretary.

    (c) Elements.--Each audit conducted under subsection (a) shall 
include the following:
            (1) <<NOTE: Assessments.>>  With respect to each medical 
        center of the Department covered by the audit, an assessment of 
        any scheduling or consultation management issues at that medical 
        center, including the following:
                    (A) An assessment of noncompliance with policies of 
                the Veterans Health Administration relating to 
                scheduling appointments and managing consultations.
                    (B) An assessment of the extent to which 
                appointments or consultations are not timely processed.
                    (C) A description of any backlogs in appointments or 
                consultations that are awaiting action.

[[Page 134 STAT. 5002]]

                    (D) An assessment of whether consultations are 
                appropriately processed.
                    (E) <<NOTE: Data.>>  Data with respect to 
                consultations as follows:
                          (i) Consultations that were scheduled within 
                      the request window.
                          (ii) Duplicate consultation requests.
                          (iii) Consultations that were discontinued.
                          (iv) Delays in consultations.
                          (v) Consultations that were not properly 
                      closed or discontinued, including a description of 
                      remediation attempts.
                    (F) <<NOTE: Reviews.>>  A review for accuracy with 
                respect to consultation management as follows:
                          (i) A review of the accuracy of the type of 
                      service, either administrative or clinical, that 
                      is inputted in the electronic health record.
                          (ii) A review of the accuracy of the type of 
                      consultation setting, either impatient or 
                      outpatient, that is inputted in the electronic 
                      health record.
                          (iii) A review of the appropriateness of the 
                      level of urgency of the consultation that is 
                      inputted in the electronic health record.
                          (iv) A review of any delayed or unresolved 
                      consultations.
            (2) <<NOTE: Recommenda- tions.>>  An identification of such 
        recommendations for corrective action as the Secretary considers 
        necessary, including additional training, increased personnel, 
        and other resources.
            (3) <<NOTE: Certification.>>  A certification that the 
        director of each medical center of the Department covered by the 
        audit is in compliance with the process and requirements 
        established under section 3101(a) and such other requirements 
        relating to the scheduling of appointments and management of 
        consultations as the Secretary considers appropriate.
            (4) <<NOTE: Time periods.>>  With respect to referrals for 
        health care between health care providers or facilities of the 
        Department, a measurement of, for each medical facility of the 
        Department covered by the audit--
                    (A) the period of time between--
                          (i) the date that a clinician of the 
                      Department determines that a veteran requires care 
                      from another health care provider or facility and 
                      the date that the referral for care is sent to the 
                      other health care provider or facility;
                          (ii) the date that the referral for care is 
                      sent to the other health care provider or facility 
                      and the date that the other health care provider 
                      or facility accepts the referral;
                          (iii) the date that the other health care 
                      provider or facility accepts the referral and the 
                      date that the appointment with the other health 
                      care provider or at the other facility is made; 
                      and
                          (iv) the date that the appointment with the 
                      other health care provider or at the other 
                      facility is made and the date of the appointment 
                      with the other health care provider or at the 
                      other facility; and
                    (B) <<NOTE: Determination.>>  any other period of 
                time that the Secretary determines necessary to measure.

[[Page 134 STAT. 5003]]

            (5) <<NOTE: Time periods.>>  With respect to referrals for 
        non-Department health care originating from medical facilities 
        of the Department, a measurement of, for each such facility 
        covered by the audit--
                    (A) the period of time between--
                          (i) the date that a clinician of the 
                      Department determines that a veteran requires 
                      care, or a veteran presents to the Department 
                      requesting care, and the date that the referral 
                      for care is sent to a non-Department health care 
                      provider;
                          (ii) the date that the referral for care is 
                      sent to a non-Department health care provider and 
                      the date that a non-Department health care 
                      provider accepts the referral;
                          (iii) the date that a non-Department health 
                      care provider accepts the referral and the date 
                      that the referral to a non-Department health care 
                      provider is completed;
                          (iv) the date that the referral to a non-
                      Department health care provider is completed and 
                      the date that an appointment with a non-Department 
                      health care provider is made; and
                          (v) the date that an appointment with a non-
                      Department health care provider is made and the 
                      date that an appointment with a non-Department 
                      health care provider occurs; and
                    (B) <<NOTE: Determination.>>  any other period of 
                time that the Secretary determines necessary to measure.

    (d) Conduct of Audit by Third Party.--Each audit conducted under 
subsection (a) with respect to a medical facility of the Department 
shall be conducted by an individual or entity that is not affiliated 
with the facility.
    (e) Transmittal to VHA.--Each audit conducted under subsection (a) 
shall be transmitted to the Under Secretary for Health of the Department 
so that the Under Secretary can--
            (1) strengthen oversight of the scheduling of appointments 
        and management of consultations throughout the Department;
            (2) monitor national policy on such scheduling and 
        management; and
            (3) <<NOTE: Remediation plan.>>  develop a remediation plan 
        to address issues uncovered by those audits.

    (f) Annual Report.--
            (1) In general.--Not later than December 31 of each year in 
        which an audit is conducted under subsection (a), the Secretary 
        shall submit to the Committee on Veterans' Affairs of the Senate 
        and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the audit conducted during that 
        year.
            (2) Elements.--The Secretary shall include in each report 
        required by paragraph (1)--
                    (A) the nationwide results of the audit conducted 
                under subsection (a);
                    (B) the results of such audit with respect to each 
                medical facility of the Department covered by such 
                audit;
                    (C) <<NOTE: Assessment.>>  an assessment of how the 
                Department strengthened oversight of the scheduling of 
                appointments and management of consultations at each 
                such facility as a result of the audit;

[[Page 134 STAT. 5004]]

                    (D) <<NOTE: Assessment.>>  an assessment of how the 
                audit informed the national policy of the Department 
                with respect to the scheduling of appointments and 
                management of consultations; and
                    (E) a description of any remediation plans to 
                address issues raised by the audit that was completed.
SEC. 3103. <<NOTE: 38 USC 1703 note.>>  ADMINISTRATION OF NON-
                          DEPARTMENT OF VETERANS AFFAIRS HEALTH 
                          CARE.

    (a) Certification of Proper Administration of Non-Department Care.--
            (1) Review.--
                    (A) In general.--The Secretary of Veterans Affairs 
                shall conduct a review of the staffing, training, and 
                other requirements necessary to administer section 1703 
                of title 38, United States Code.
                    (B) Elements.--The review conducted under 
                subparagraph (A) shall include, with respect to each 
                medical facility of the Department of Veterans Affairs--
                          (i) <<NOTE: Assessment.>>  an assessment of 
                      the type of positions required to be staffed at 
                      the medical facility;
                          (ii) the number of such positions authorized;
                          (iii) the number of such positions funded;
                          (iv) the number of such positions filled; and
                          (v) the number of additional such positions 
                      required to be authorized.
            (2) <<NOTE: Deadlines.>>  Submittal to congress.--Not later 
        than 180 days after the date of the enactment of this Act, and 
        every 180 days thereafter, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives--
                    (A) the results of the review conducted under 
                paragraph (1); and
                    (B) a certification that the Secretary has 
                established all staffing, training, and other 
                requirements required to be reviewed under such 
                paragraph.

    (b) Scheduling of Appointments.--
            (1) <<NOTE: Deadline.>>  Measurement of timeliness for each 
        facility.--Not later than 120 days after the date of the 
        enactment of this Act, the Secretary shall measure, with respect 
        to referrals for non-Department health care originating from 
        medical facilities of the Department, for each such facility--
                    (A) <<NOTE: Time periods.>>  the period of time 
                between--
                          (i) the date that a clinician of the 
                      Department determines that a veteran requires 
                      care, or a veteran presents to the Department 
                      requesting care, and the date that the referral 
                      for care is sent to a non-Department health care 
                      provider;
                          (ii) the date that the referral for care is 
                      sent to a non-Department health care provider and 
                      the date that a non-Department health care 
                      provider accepts the referral;
                          (iii) the date that a non-Department health 
                      care provider accepts the referral and the date 
                      that the referral to a non-Department health care 
                      provider is completed;

[[Page 134 STAT. 5005]]

                          (iv) the date that the referral to a non-
                      Department health care provider is completed and 
                      the date that an appointment with a non-Department 
                      health care provider is made; and
                          (v) the date that an appointment with a non-
                      Department health care provider is made and the 
                      date that an appointment with a non-Department 
                      health care provider occurs; and
                    (B) <<NOTE: Determination.>>  any other period of 
                time that the Secretary determines necessary to measure.
            (2) Submissions to congress.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                one year after the date of the enactment of this Act, 
                the Secretary shall submit to the Committee on Veterans' 
                Affairs of the Senate and the Committee on Veterans' 
                Affairs of the House of Representatives the data 
                measured under paragraph (1), disaggregated by medical 
                facility.
                    (B) <<NOTE: Time period.>>  Update.--Not less 
                frequently than biweekly, the Secretary shall update the 
                data submitted under subparagraph (A).

    (c) Comptroller General Report.--
            (1) <<NOTE: Effective date.>>  Review.--Beginning not later 
        than one year after the date of the enactment of this Act, the 
        Comptroller General of the United States shall review compliance 
        by the Secretary with the requirements of this section, 
        including a review of the validity and reliability of data 
        submitted by the Secretary under subsection (b)(2).
            (2) Report.--Not later than three years after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        to the Committee on Veterans' Affairs of the Senate and the 
        Committee on Veterans' Affairs of the House of Representatives 
        the results of the review conducted under paragraph (1).
SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION AND SCHEDULING 
                          POSITIONS OF DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) Proper Grading of Consultation and Scheduling Positions.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        conduct an examination of health care positions of the 
        Department of Veterans Affairs to determine whether health care 
        positions involved in the consultation and scheduling processes 
        are appropriately graded.
            (2) Consultation.--In conducting the examination under 
        paragraph (1), the Secretary shall consult with health care 
        staffing experts in the Federal Government and the private 
        sector.
            (3) <<NOTE: Deadline.>>  Submittal to congress.--Not later 
        than 120 days after the date of the enactment of this Act, the 
        Secretary shall submit to the appropriate committees of Congress 
        the results of the examination conducted under paragraph (1).

    (b) <<NOTE: Deadline.>>  Review of Onboarding Process.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate committees of Congress--

[[Page 134 STAT. 5006]]

            (1) a review of the onboarding process of individuals in 
        health care positions described in subsection (a), including how 
        long it takes to hire those individuals; and
            (2) a description of any changes that the Secretary has made 
        or plans to make to improve that process.

    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Veterans' Affairs and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Veterans' Affairs and the Committee on 
        Appropriations of the House of Representatives.

 TITLE IV-- <<NOTE: Navy SEAL Bill Mulder Act of 2020.>> NAVY SEAL BILL 
MULDER
SEC. 4001. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This title may be cited as the ``Navy SEAL Bill Mulder Act of 
2020''.

               Subtitle A--Service-connection and COVID-19

SEC. 4101. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS OF ARMED 
                          FORCES WHO CONTRACT CORONAVIRUS DISEASE 
                          2019 UNDER CERTAIN CIRCUMSTANCES.

    (a) In General.--Subchapter VI of chapter 11 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1164. <<NOTE: 38 USC 1164.>>  Presumptions of service-
                  connection for Coronavirus Disease 2019

    ``(a) Presumptions Generally.--(1) For purposes of laws administered 
by the Secretary and subject to section 1113 of this title, if symptoms 
of Coronavirus Disease 2019 (in this section referred to as `COVID-19') 
described in subsection (d) manifest within one of the manifestation 
periods described in paragraph (2) in an individual who served in a 
qualifying period of duty described in subsection (b)--
            ``(A) infection with severe acute respiratory syndrome 
        coronavirus 2 (in this section referred to as `SARS-CoV-2') 
        shall be presumed to have occurred during the qualifying period 
        of duty;
            ``(B) COVID-19 shall be presumed to have been incurred 
        during the qualifying period of duty; and
            ``(C) if the individual becomes disabled or dies as a result 
        of COVID-19, it shall be presumed that the individual became 
        disabled or died during the qualifying period of duty for 
        purposes of establishing that the individual served in the 
        active military, naval, or air service.

    ``(2)(A) <<NOTE: Time periods.>>  The manifestation periods 
described in this paragraph are the following:
            ``(i) During a qualifying period of duty described in 
        subsection (b), if that period of duty was more than 48 
        continuous hours in duration.
            ``(ii) <<NOTE: Deadline.>>  Within 14 days after the 
        individual's completion of a qualifying period of duty described 
        in subsection (b).

[[Page 134 STAT. 5007]]

            ``(iii) An additional period prescribed under subparagraph 
        (B).

    ``(B)(i) <<NOTE: Determination. Regulations.>>  If the Secretary 
determines that a manifestation period of more than 14 days after 
completion of a qualifying period of service is appropriate for the 
presumptions under paragraph (1), the Secretary may prescribe that 
additional period by regulation.

    ``(ii) <<NOTE: Consultation.>>  A determination under clause (i) 
shall be made in consultation with the Director of the Centers for 
Disease Control and Prevention.

    ``(b) Qualifying Period of Duty Described.--A qualifying period of 
duty described in this subsection is--
            ``(1) a period of active duty performed--
                    ``(A) during the national emergency declared by the 
                President under the National Emergencies Act (50 U.S.C. 
                1601 et seq.); and
                    ``(B) before the date that is three years after the 
                date of the enactment of the Johnny Isakson and David P. 
                Roe, M.D. Veterans Health Care and Benefits Improvement 
                Act of 2020; or
            ``(2) training duty under title 10 or full-time National 
        Guard duty (as defined in section 101 of title 10), performed 
        under orders issued on or after March 13, 2020--
                    ``(A) during the national emergency declared by the 
                President under the National Emergencies Act (50 U.S.C. 
                1601 et seq.); and
                    ``(B) before the date that is three years after the 
                date of the enactment of the Johnny Isakson and David P. 
                Roe, M.D. Veterans Health Care and Benefits Improvement 
                Act of 2020.

    ``(c) Application of Presumptions for Training Duty.--When, pursuant 
to subsection (a), COVID-19 is presumed to have been incurred during a 
qualifying period of duty described in subsection (b)(2)--
            ``(1) COVID-19 shall be deemed to have been incurred in the 
        line of duty during a period of active military, naval, or air 
        service; and
            ``(2) where entitlement to benefits under this title is 
        predicated on the individual who was disabled or died being a 
        veteran, benefits for disability or death resulting from COVID-
        19 as described in subsection (a) shall be paid or furnished as 
        if the individual was a veteran, without regard to whether the 
        period of duty would constitute active military, naval, or air 
        service under section 101 of this title.

    ``(d) Symptoms of COVID-19.--For purposes of subsection (a), 
symptoms of COVID-19 are those symptoms that competent medical evidence 
demonstrates are experienced by an individual affected and directly 
related to COVID-19.
    ``(e) Medical Examinations and Opinions.--If there is a question of 
whether the symptoms experienced by an individual described in paragraph 
(1) of subsection (a) during a manifestation period described in 
paragraph (2) of such subsection are attributable to COVID-19 resulting 
from infection with SARS-CoV-2 during the qualifying period of duty, in 
determining whether a medical examination or medical opinion is 
necessary to make a decision on the claim within the meaning of section 
5103A(d) of this title, a qualifying period of duty described in 
subsection (b) of this section

[[Page 134 STAT. 5008]]

shall be treated as if it were active military, naval, or air service 
for purposes of section 5103A(d)(2)(B) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter <<NOTE: 38 USC 1101 prec.>>  is amended by adding at the 
end the following new item:

``1164. Presumptions of service-connection for Coronavirus Disease 
           2019.''.

              Subtitle B--Assistance for Homeless Veterans

SEC. 4201. <<NOTE: 38 USC 2011 note.>>  FLEXIBILITY FOR THE 
                          SECRETARY OF VETERANS AFFAIRS IN CARING 
                          FOR HOMELESS VETERANS DURING A COVERED 
                          PUBLIC HEALTH EMERGENCY.

    (a) General Support.--
            (1) Use of funds.--During a covered public health emergency, 
        the Secretary of Veterans Affairs may use amounts appropriated 
        or otherwise made available to the Department of Veterans 
        Affairs to carry out sections 2011, 2012, 2031, and 2061 of 
        title 38, United States Code, to provide to homeless veterans 
        and veterans participating in the program carried out under 
        section 8(o)(19) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(o)(19)) (commonly referred to as ``HUD-VASH''), as 
        the Secretary determines is needed, the following:
                    (A) Assistance required for safety and survival 
                (such as food, shelter, clothing, blankets, and hygiene 
                items).
                    (B) Transportation required to support stability and 
                health (such as for appointments with service providers, 
                conducting housing searches, and obtaining food and 
                supplies).
                    (C) Communications equipment and services (such as 
                tablets, smartphones, disposable phones, and related 
                service plans) required to support stability and health 
                (such as maintaining contact with service providers, 
                prospective landlords, and family).
                    (D) Such other assistance as the Secretary 
                determines is needed.
            (2) Homeless veterans on land of the department.--
                    (A) Collaboration.--During a covered public health 
                emergency, to the extent possible, the Secretary may 
                collaborate with one or more organizations to manage use 
                of land of the Department for homeless veterans for 
                living and sleeping.
                    (B) Elements.--Collaboration under subparagraph (A) 
                may include the provision by either the Secretary or the 
                organization of food services and security for property, 
                buildings, and other facilities owned or controlled by 
                the Department.

    (b) Grant and Per Diem Program.--
            (1)  Limits on rates for per diem payments.--Section 
        20013(b) of the Coronavirus Aid, Relief, and Economic Security 
        Act (38 U.S.C. 2011 note; Public Law 116-136) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) in the matter preceding subparagraph (A), as so 
                redesignated, by inserting ``(1)'' before ``In the 
                case''; and

[[Page 134 STAT. 5009]]

                    (C) by adding at the end the following:

    ``(2) If the Secretary waives any limit on grant amounts or rates 
for per diem payments under paragraph (1), notwithstanding section 
2012(a)(2)(B) of such title, the maximum rate for per diem payments 
described in paragraph (1)(B) shall be three times the rate authorized 
for State homes for domiciliary care under section 1741 of such 
title.''.
            (2) Modification of funding limits for grants.--Subsection 
        (c)(2) of section 2011 of title 38, United States Code, shall 
        not apply to any grant awarded during a covered public health 
        emergency under such section for a project described in 
        subsection (b)(1) of such section.
            (3) Use of per diem payments.--During a covered public 
        health emergency, a recipient of a grant or an eligible entity 
        under the grant and per diem program of the Department (in this 
        subsection referred to as the ``program'') may use per diem 
        payments under sections 2012 and 2061 of title 38, United States 
        Code, to provide assistance required for safety and survival 
        (such as food, shelter, clothing, blankets, and hygiene items) 
        for--
                    (A) homeless veterans; and
                    (B) formerly homeless veterans residing in a 
                facility operated wholly or in part by such a recipient 
                or eligible entity receiving per diem payments under 
                section 2012 of such title.
            (4) Additional transitional housing.--
                    (A) In general.--During a covered public health 
                emergency, under the program, the Secretary may provide 
                amounts for additional transitional housing beds to 
                facilitate access to housing and services provided to 
                homeless veterans.
                    (B) Notice; competition; period of performance.--The 
                Secretary may provide amounts under subparagraph (A)--
                          (i) without notice or competition; and
                          (ii) <<NOTE: Determination.>>  for a period of 
                      performance determined by the Secretary.
            (5) <<NOTE: Waiver authority.>>  Inspections and life safety 
        code requirements.--
                    (A) In general.--During a covered public health 
                emergency, the Secretary may waive any requirement under 
                subsection (b) or (c) of section 2012 of title 38, 
                United States Code, in order to allow the recipient of a 
                grant or an eligible entity under the program--
                          (i) to quickly identify temporary alternate 
                      sites of care for homeless veterans that are 
                      suitable for habitation;
                          (ii) to facilitate social distancing or 
                      isolation needs; or
                          (iii) to facilitate activation or continuation 
                      of a program for which a grant has been awarded.
                    (B) Limitation.--The Secretary may waive a 
                requirement pursuant to the authority provided by 
                subparagraph (A) with respect to a facility of a 
                recipient of a grant or an eligible entity under the 
                program only if the facility meets applicable local 
                safety requirements, including fire safety requirements.

[[Page 134 STAT. 5010]]

            (6) Disposition of property relating to grants.--During a 
        covered public health emergency, if the recipient of a grant 
        awarded before or during such emergency under section 2011 of 
        title 38, United States Code, for a project described in 
        subsection (b)(1) of such section is no longer providing 
        services in accordance with the terms of the grant, the 
        recipient shall not be subject during such emergency to any 
        property disposition requirements relating to the grant under 
        subsection (c) or (f) of section 61.67 of title 38, Code of 
        Federal Regulations, section 200.311(c) of title 2, Code of 
        Federal Regulations, or successor regulations.

    (c) <<NOTE: Waiver authority.>>  Inspection and Life Safety Code 
Requirements for Therapeutic Housing.--
            (1) In general.--During a covered public health emergency, 
        the Secretary may waive any inspection or life safety code 
        requirement under subsection (c) of section 2032 of title 38, 
        United States Code--
                    (A) to allow quick identification of temporary 
                alternate sites of care for homeless veterans that are 
                suitable for habitation;
                    (B) to facilitate social distancing or isolation 
                needs; or
                    (C) to facilitate the operation of housing under 
                such section.
            (2) Limitation.--The Secretary may waive a requirement 
        pursuant to the authority provided by paragraph (1) with respect 
        to a residence or facility referred to in such section 2032 only 
        if the residence or facility, as the case may be, meets 
        applicable local safety requirements, including fire safety 
        requirements.

    (d) Access to Department of Veterans Affairs Telehealth Services.--
To the extent practicable, during a covered public health emergency, the 
Secretary shall ensure that veterans participating in or receiving 
services from a program under chapter 20 of title 38, United States 
Code, have access to telehealth services to which such veterans are 
eligible under the laws administered by the Secretary, including by 
ensuring that telehealth capabilities are available to--
            (1) such veterans;
            (2) case managers of the Department of programs for homeless 
        veterans authorized under such chapter; and
            (3) community-based service providers for homeless veterans 
        receiving funds from the Department through grants or contracts.

    (e) Definitions.--In this section:
            (1) Covered public health emergency.--The term ``covered 
        public health emergency'' means an emergency with respect to 
        COVID-19 declared by a Federal, State, or local authority.
            (2) Homeless veteran; veteran.--The terms ``homeless 
        veteran'' and ``veteran'' have the meanings given those terms in 
        section 2002 of title 38, United States Code.
            (3) Telehealth.--
                    (A) In general.--The term ``telehealth'' means the 
                use of electronic information and telecommunications 
                technologies to support and promote long-distance 
                clinical

[[Page 134 STAT. 5011]]

                health care, patient and professional health-related 
                education, public health, and health administration.
                    (B) Technologies.--For purposes of subparagraph (A), 
                ``telecommunications technologies'' include video 
                conferencing, the internet, streaming media, and 
                terrestrial and wireless communications.
SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT 
                          RISK FOR HOMELESSNESS.

    (a) In General.--Subchapter III of chapter 20 of title 38, United 
States Code, is amended by inserting after section 2022 the following 
new section:
``Sec. 2022A. <<NOTE: 38 USC 2022A.>>  Legal services for homeless 
                    veterans and veterans at risk for homelessness

    ``(a) Grants.--Subject to the availability of appropriations 
provided for such purpose, the Secretary shall award grants to eligible 
entities that provide legal services to homeless veterans and veterans 
at risk for homelessness.
    ``(b) Criteria.--(1) The Secretary shall--
            ``(A) establish criteria and requirements for grants under 
        this section, including criteria for entities eligible to 
        receive such grants; and
            ``(B) <<NOTE: Federal Register, publication.>>  publish such 
        criteria and requirements in the Federal Register.

    ``(2) In establishing criteria and requirements under paragraph (1), 
the Secretary shall--
            ``(A) take into consideration any criteria and requirements 
        needed with respect to carrying out this section in rural 
        communities, on trust lands, and in the territories and 
        possessions of the United States; and
            ``(B) <<NOTE: Consultation.>>  consult with organizations 
        that have experience in providing services to homeless veterans, 
        including--
                    ``(i) veterans service organizations;
                    ``(ii) the Equal Justice Works AmeriCorps Veterans 
                Legal Corps; and
                    ``(iii) such other organizations as the Secretary 
                determines appropriate.

    ``(c) <<NOTE: Grants. Determinations.>>  Eligible Entities.--The 
Secretary may award a grant under this section to an entity applying for 
such a grant only if the applicant for the grant--
            ``(1) is a public or nonprofit private entity with the 
        capacity (as determined by the Secretary) to effectively 
        administer a grant under this section;
            ``(2) demonstrates that adequate financial support will be 
        available to carry out the services for which the grant is 
        sought consistent with the application;
            ``(3) agrees to meet the applicable criteria and 
        requirements established under subsection (b)(1); and
            ``(4) has, as determined by the Secretary, demonstrated the 
        capacity to meet such criteria and requirements.

    ``(d) Use of Funds.--Grants under this section shall be used to 
provide homeless veterans and veterans at risk for homelessness the 
following legal services:
            ``(1) Legal services relating to housing, including eviction 
        defense, representation in landlord-tenant cases, and 
        representation in foreclosure cases.

[[Page 134 STAT. 5012]]

            ``(2) Legal services relating to family law, including 
        assistance in court proceedings for child support, divorce, 
        estate planning, and family reconciliation.
            ``(3) Legal services relating to income support, including 
        assistance in obtaining public benefits.
            ``(4) Legal services relating to criminal defense, including 
        defense in matters symptomatic of homelessness, such as 
        outstanding warrants, fines, and driver's license revocation, to 
        reduce recidivism and facilitate the overcoming of reentry 
        obstacles in employment or housing.
            ``(5) Legal services relating to requests to upgrade the 
        characterization of a discharge or dismissal of a former member 
        of the Armed Forces under section 1553 of title 10.
            ``(6) Such other legal services as the Secretary determines 
        appropriate.

    ``(e) Funds for Women Veterans.--For any fiscal year, not less than 
10 percent of the amount authorized to be appropriated for grants under 
this section shall be used to provide legal services described in 
subsection (d) to women veterans.
    ``(f) Locations.--To the extent practicable, the Secretary shall 
award grants under this section to eligible entities in a manner that is 
equitably distributed across the geographic regions of the United 
States, including with respect to--
            ``(1) rural communities;
            ``(2) trust lands (as defined in section 3765 of this 
        title);
            ``(3) Native Americans; and
            ``(4) tribal organizations (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304)).

    ``(g) Biennial Reports.--(1) Not less frequently than once every two 
years, the Secretary shall submit to the Committee on Veterans' Affairs 
of the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on grants awarded under this section.
    ``(2) To the extent feasible, each report required by paragraph (1) 
shall include the following with respect to the period covered by the 
report:
            ``(A) The number of homeless veterans and veterans at risk 
        for homelessness assisted.
            ``(B) A description of the legal services provided.
            ``(C) A description of the legal matters addressed.
            ``(D) <<NOTE: Analysis.>>  An analysis by the Secretary with 
        respect to the operational effectiveness and cost-effectiveness 
        of the services provided.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 20 of such title <<NOTE: 38 USC 2001 prec.>>  is amended by 
inserting after the item relating to section 2022 the following new 
item:

``2022A. Legal services for homeless veterans and veterans at risk for 
           homelessness.''.

    (c) <<NOTE: Deadline. Federal Register, publication. 38 USC 2022A 
note.>>  Criteria.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall establish 
and publish in the Federal Register the criteria and requirements 
pursuant to subsection (b)(1) of section 2022A of title 38, United 
States Code, as added by subsection (a).

[[Page 134 STAT. 5013]]

SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS 
                          THAT PROVIDE ASSISTANCE TO WOMEN 
                          VETERANS WHO ARE HOMELESS.

    (a) In General.--The Secretary of Veterans Affairs shall complete an 
analysis of programs of the Department of Veterans Affairs that provide 
assistance to women veterans who are homeless or precariously housed to 
identify the areas in which such programs are failing to meet the needs 
of such women.
    (b) Report.--Not later than 270 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a report on the analysis completed under 
subsection (a).
SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED BY THE SECRETARY OF 
                          VETERANS AFFAIRS TO ENTITIES THAT 
                          PROVIDE SERVICES TO HOMELESS VETERANS.

    (a) Increase in Per Diem Payments.--Paragraph (2) of subsection (a) 
of section 2012 of title 38, United States Code, is amended to read as 
follows:
    ``(2)(A)(i) <<NOTE: Cost estimate.>>  Except as otherwise provided 
in subparagraph (B), the rate for such per diem payments shall be the 
daily cost of care estimated by the grant recipient or eligible entity 
adjusted by the Secretary under clause (ii).

    ``(ii)(I) The Secretary shall adjust the rate estimated by the grant 
recipient or eligible entity under clause (i) to exclude other sources 
of income described in subclause (III) that the grant recipient or 
eligible entity certifies to be correct.
    ``(II) Each grant recipient or eligible entity shall provide to the 
Secretary such information with respect to other sources of income as 
the Secretary may require to make the adjustment under subclause (I).
    ``(III) The other sources of income referred to in subclauses (I) 
and (II) are payments to the grant recipient or eligible entity for 
furnishing services to homeless veterans under programs other than under 
this subchapter, including payments and grants from other departments 
and agencies of the United States, from departments or agencies of State 
or local government, and from private entities or organizations.
    ``(iii) For purposes of calculating the rate for per diem payments 
under clause (i), in the case of a homeless veteran who has care of a 
minor dependent while receiving services from the grant recipient or 
eligible entity, the daily cost of care of the homeless veteran shall be 
the sum of the daily cost of care of the homeless veteran determined 
under clause (i) plus, for each such minor dependent, an amount that 
equals 50 percent of such daily cost of care.
    ``(B)(i)(I) Except as provided in clause (ii), and subject to the 
availability of appropriations, the Secretary may adjust the rate for 
per diem payments under this paragraph, as the Secretary considers 
appropriate.
    ``(II) Any adjustment made under this clause--
            ``(aa) may not result in a rate that--
                    ``(AA) is lower than the rate in effect under this 
                paragraph as in effect immediately preceding the date of 
                the enactment of the Navy SEAL Bill Mulder Act of 2020; 
                or

[[Page 134 STAT. 5014]]

                    ``(BB) exceeds the rate that is 115 percent of the 
                rate authorized for State homes for domiciliary care 
                under subsection (a)(1)(A) of section 1741 of this 
                title, as the Secretary may increase from time to time 
                under subsection (c) of that section; and
            ``(bb) <<NOTE: Determination.>>  may be determined on the 
        basis of locality.

    ``(ii) In the case of services furnished to a homeless veteran who 
is placed in housing that will become permanent housing for the veteran 
upon termination of the furnishing of such services to such veteran, the 
maximum rate of per diem authorized under this section is 150 percent of 
the rate authorized for State homes for domiciliary care under 
subsection (a)(1)(A) of section 1741 of this title, as the Secretary may 
increase from time to time under subsection (c) of that section.''.
    (b) Reimbursement of Certain Fees.--Such section is further amended 
by adding at the end the following new subsection:
    ``(e) <<NOTE: Determinations.>>  Reimbursement of Entities for 
Certain Fees.--The Secretary may reimburse a recipient of a grant under 
section 2011, 2013, or 2061 of this title or a recipient of per diem 
payments under this section for fees charged to that grant or per diem 
payment recipient for the use of the homeless management information 
system described in section 402(f) of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11360a(f))--
            ``(1) in amounts the Secretary determines to be reasonable; 
        and
            ``(2) if the Secretary determines that the grant or per diem 
        payment recipient is unable to obtain information contained in 
        such system through other means and at no cost to the grant or 
        per diem payment recipient.''.
SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF 
                          REFERRAL AND COUNSELING SERVICES FOR 
                          VETERANS AT RISK FOR HOMELESSNESS WHO 
                          ARE TRANSITIONING FROM CERTAIN 
                          INSTITUTIONS.

    (a) In General.--Section 2023 of title 38, United States Code, is 
amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsection (e) as subsection (d).

    (b) Conforming Amendment.--Section 2021(a)(4) of such title is 
amended by striking ``section 2023(e)'' and inserting ``section 
2023(d)''.
SEC. 4206. COORDINATION OF CASE MANAGEMENT SERVICES FOR VETERANS 
                          RECEIVING HOUSING VOUCHERS UNDER TRIBAL 
                          HOUSING AND URBAN DEVELOPMENT-VETERANS 
                          AFFAIRS SUPPORTIVE HOUSING PROGRAM.

    Section 2003 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Memorandum of Understanding on Assistance From Indian Health 
Service.--The Secretary may enter into a memorandum of understanding 
with the Secretary of Health and Human Services under which case 
managers of the Indian Health Service may provide case management 
assistance to veterans who receive housing vouchers under the Tribal 
Housing and Urban Development-Veterans Affairs Supportive Housing 
(Tribal HUD-VASH) program of the Department of Housing and Urban 
Development.''.

[[Page 134 STAT. 5015]]

SEC. 4207. CONTRACTS RELATING TO CASE MANAGERS FOR HOMELESS 
                          VETERANS IN SUPPORTED HOUSING PROGRAM.

    (a) In General.--Section 304 of the Honoring America's Veterans and 
Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 38 
U.S.C. 2041 note) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``The Secretary'';
                    (B) by adding at the end the following new 
                paragraphs:

    ``(2)(A) The director of each covered medical center shall seek to 
enter into one or more contracts or agreements described in paragraph 
(1).
    ``(B) Any contract or agreement under subparagraph (A) may require 
that each case manager employed by an eligible entity who performs 
services under the contract or agreement has credentials equivalent to 
the credentials required for a case manager of the Department.
    ``(C)(i) <<NOTE: Waiver authority. Determination.>>  The Secretary 
may waive the requirement under subparagraph (A) with respect to a 
covered medical center if the Secretary determines that fulfilling such 
requirement is infeasible.

    ``(ii) <<NOTE: Reports. Plans.>>  If the Secretary grants a waiver 
under clause (i), the Secretary shall, not later than 90 days after 
granting such waiver, submit to the Committee on Veterans' Affairs of 
the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report containing--
            ``(I) an explanation of the determination made under clause 
        (i);
            ``(II) a plan to increase the number of case managers of the 
        Department; and
            ``(III) a plan for the covered medical center to increase 
        use of housing vouchers allocated to that medical center under 
        the program described in paragraph (1).

    ``(D) <<NOTE: Definition. Determination.>>  In this paragraph, the 
term `covered medical center' means a medical center of the Department 
with respect to which the Secretary determines that--
            ``(i) more than 15 percent of all housing vouchers allocated 
        to that medical center under the program described in paragraph 
        (1) during the fiscal year preceding the fiscal year in which 
        such determination was made were unused due to a lack of case 
        management services provided by the Secretary; and
            ``(ii) <<NOTE: Time period.>>  one or more case manager 
        positions have been vacant for at least nine consecutive months 
        immediately preceding the date of such determination.''; and
            (2) in subsection (b)(2)--
                    (A) in the matter before subparagraph (A), by 
                striking ``, including because--'' and inserting a 
                period; and
                    (B) by striking subparagraphs (A), (B), and (C).

    (b) <<NOTE: 38 USC 2041 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the first day of the first 
fiscal year that begins after the date of the enactment of this Act.
SEC. 4208. <<NOTE: 38 USC 2003 note.>>  REPORT ON STAFFING OF 
                          DEPARTMENT OF HOUSING AND URBAN 
                          DEVELOPMENT-DEPARTMENT OF VETERANS 
                          AFFAIRS SUPPORTED HOUSING PROGRAM.

    Not later than 180 days after the date of the enactment of this Act, 
and every three years thereafter, the Secretary of Veterans Affairs 
shall submit to the Committee on Veterans' Affairs of the

[[Page 134 STAT. 5016]]

Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report that includes the following:
            (1) <<NOTE: Assessment.>>  An assessment of the hiring needs 
        of the program carried out under section 8(o)(19) of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (in this 
        section referred to as the ``HUD-VASH program''), including--
                    (A) an identification of the number of case managers 
                of the HUD-VASH program as of the date of the report 
                including--
                          (i) the total number of vacancies; and
                          (ii) the vacancies at each medical center of 
                      the Department of Veterans Affairs;
                    (B) the number of case managers of the HUD-VASH 
                program that the Secretary of Veterans Affairs and the 
                Secretary of Housing and Urban Development jointly 
                determine necessary to meet the needs of the Department 
                and the program; and
                    (C) the amount of turnover among case managers of 
                the HUD-VASH program and whether the turnover was 
                planned or unexpected.
            (2) <<NOTE: Assessment.>>  An assessment of how 
        compensation, including recruitment and retention incentives, 
        for case managers of the HUD-VASH program affects turnover, and 
        what percentage of retention compensation is provided to such 
        case managers at each medical center of the Department of 
        Veterans Affairs (compared to other positions).
            (3) A comparison of compensation described in paragraph (2) 
        with the compensation provided to State, local, and 
        nongovernmental housing employees at comparable training and 
        experience levels.
            (4) Examples of how the Department of Veterans Affairs and 
        the Department of Housing and Urban Development have worked with 
        non-Federal partners (such as local governments, nongovernmental 
        organizations, veterans service organizations, and employee 
        unions) to meet the staffing needs of the HUD-VASH program.
            (5) Examples of how medical centers of the Department of 
        Veterans Affairs with high retention rates for case managers of 
        the HUD-VASH program have been able to maintain staffing levels.

             Subtitle C--Retraining Assistance for Veterans

SEC. 4301. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS 
                          AFFAIRS TO THE FEDERAL DIRECTORY OF NEW 
                          HIRES.

    Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is 
amended by adding at the end the following new paragraph:
            ``(4) Veteran employment.--The Secretaries of Labor and of 
        Veterans Affairs shall have access to information reported by 
        employers pursuant to subsection (b) of this section for 
        purposes of tracking employment of veterans.''.

[[Page 134 STAT. 5017]]

SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH 
                          TECHNOLOGY PROGRAMS OF EDUCATION FOR 
                          VETERANS.

    Section 116 of the Harry W. Colmery Veterans Educational Assistance 
Act of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended--
            (1) <<NOTE: Determination. Time period.>>  in subsection 
        (b), by adding at the end the following: ``The Secretary shall 
        treat an individual as an eligible veteran if the Secretary 
        determines that the individual shall become an eligible veteran 
        fewer than 180 days after the date of such determination. If an 
        individual treated as an eligible veteran by reason of the 
        preceding sentence does anything to make the veteran ineligible 
        during the 180-day period referred to in such sentence, the 
        Secretary may require the veteran to repay any benefits received 
        by such veteran by reason of such sentence.'';
            (2) in subsection (c)--
                    (A) in paragraph (3)(A), by striking ``has been 
                operational for at least 2 years'' and inserting 
                ``employs instructors whom the Secretary determines are 
                experts in their respective fields in accordance with 
                paragraph (6)''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) <<NOTE: Determination.>>  Experts.--The Secretary 
        shall determine whether instructors are experts under paragraph 
        (3)(A) based on evidence furnished to the Secretary by the 
        provider regarding the ability of the instructors to--
                    ``(A) identify professions in need of new employees 
                to hire, tailor the programs to meet market needs, and 
                identify the employers likely to hire graduates;
                    ``(B) effectively teach the skills offered to 
                eligible veterans;
                    ``(C) provide relevant industry experience in the 
                fields of programs offered to incoming eligible 
                veterans; and
                    ``(D) demonstrate relevant industry experience in 
                such fields of programs.'';
            (3) in subsection (d), in the matter preceding paragraph 
        (1)--
                    (A) by inserting ``(not including an individual 
                described in the second sentence of subsection (b))'' 
                after ``each eligible veteran''; and
                    (B) by inserting ``or part-time'' after ``full-
                time'';
            (4) in subsection (g), by striking ``$15,000,000'' and 
        inserting ``$45,000,000''; and
            (5) by adding at the end the following new subsection (i):

    ``(i) Prohibition on Certain Accounting of Assistance.--The 
Secretary may not consider enrollment in a high technology program of 
education under this section to be assistance under a provision of law 
referred to in section 3695 of title 38, United States Code.''.
SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR 
                          VETERANS AND SPOUSES.

    (a) Extension of Pilot Program.--Subsection (a) of section 301 of 
the Dignified Burial and Other Veterans' Benefits Improvement Act of 
2012 (Public Law 112-260; 10 U.S.C. 1144 note) is amended--

[[Page 134 STAT. 5018]]

            (1) by striking ``During the two-year period beginning on 
        the date of the enactment of this Act'' and inserting ``During 
        the five-year period beginning on the date of the enactment of 
        the Navy SEAL Bill Mulder Act of 2020''; and
            (2) by striking ``to assess the feasibility and advisability 
        of providing such program to eligible individuals at locations 
        other than military installations''.

    (b) Locations.--Subsection (c) of such section is amended--
            (1) in paragraph (1)--
                    (A) in the paragraph heading, by striking ``States'' 
                and inserting ``locations''; and
                    (B) by striking ``not less than three and not more 
                than five States'' and inserting ``not fewer than 50 
                locations in States (as defined in section 101 of title 
                38, United States Code)'';
            (2) in paragraph (2), by striking ``at least two'' and 
        inserting ``at least 20''; and
            (3) by adding at the end the following new paragraphs:
            ``(5) Preferences.--In selecting States for participation in 
        the pilot program, the Secretary shall provide a preference for 
        any State with--
                    ``(A) a high rate of usage of unemployment benefits 
                for recently separated members of the Armed Forces; or
                    ``(B) a labor force or economy that has been 
                significantly impacted by a covered public health 
                emergency.
            ``(6) Covered public health emergency defined.--In this 
        subsection, the term `covered public health emergency' means--
                    ``(A) the public health emergency declared by the 
                Secretary of Health and Human Services under section 319 
                of the Public Health Service Act (42 U.S.C. 247d) on 
                January 31, 2020, with respect to Coronavirus Disease 
                2019 (COVID-19); or
                    ``(B) a domestic emergency declared, based on an 
                outbreak of Coronavirus Disease 2019 (COVID-19), by the 
                President, the Secretary of Homeland Security, or a 
                State or local authority.''.

    (c) Annual Report.--Subsection (e) of such section is amended by 
adding at the end the following new sentence: ``Each such report shall 
include information about the employment outcomes of the eligible 
individuals who received such training during the year covered by the 
report.''.
    (d) Conforming Repeal.--Subsection (f) of such section is repealed.
SEC. 4304. <<NOTE: 38 USC 4100 note.>>  GRANTS FOR PROVISION OF 
                          TRANSITION ASSISTANCE TO MEMBERS OF THE 
                          ARMED FORCES AFTER SEPARATION, 
                          RETIREMENT, OR DISCHARGE.

    (a) In General.--The Secretary of Veterans Affairs shall make grants 
to eligible organizations for the provision of transition assistance to 
members of the Armed Forces who are separated, retired, or discharged 
from the Armed Forces, and spouses of such members.
    (b) <<NOTE: Determination.>>  Use of Funds.--The recipient of a 
grant under this section shall use the grant to provide to members of 
the Armed Forces and spouses described in subsection (a) resume 
assistance, interview training, job recruitment training, and related 
services leading directly to successful transition, as determined by the 
Secretary.

[[Page 134 STAT. 5019]]

    (c) <<NOTE: Consultation.>>  Eligible Organizations.--To be eligible 
for a grant under this section, an organization shall submit to the 
Secretary an application containing such information and assurances as 
the Secretary, in consultation with the Secretary of Labor, may require.

    (d) Priority.--In making grants under this section, the Secretary 
shall give priority to an organization that--
            (1) provides multiple forms of services described in 
        subsection (b); or
            (2) is located in a State with--
                    (A) a high rate of unemployment among veterans;
                    (B) a high rate of usage of unemployment benefits 
                for recently separated members of the Armed Forces; or
                    (C) a labor force or economy that has been 
                significantly impacted by a covered public health 
                emergency (as such term is defined in section 131(n)).

    (e) Amount of Grant.--A grant under this section shall be in an 
amount that does not exceed 50 percent of the amount required by the 
organization to provide the services described in subsection (b).
    (f) Deadline.--The Secretary shall carry out this section not later 
than 180 days after the date of the enactment of this Act.
    (g) Termination.--The authority to provide a grant under this 
section shall terminate on the date that is five years after the date on 
which the Secretary implements the grant program under this section.
SEC. 4305. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF 
                          TRANSITION ASSISTANCE PROGRAM.

    (a) <<NOTE: Deadline. Consultation. Contracts.>>  Independent 
Assessment.--Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Veterans Affairs, in consultation with the 
covered officials, shall enter into an agreement with an appropriate 
entity with experience in adult education to carry out a one-year 
independent assessment of the Transition Assistance Program under 
sections 1142 and 1144 of title 10, United States Code (TAP), 
including--
            (1) the effectiveness of the Transition Assistance Program 
        for members of each military department during the entire 
        military life cycle;
            (2) the appropriateness of the career readiness standards of 
        the Transition Assistance Program;
            (3) <<NOTE: Review.>>  a review of information that is 
        provided to the Department of Veterans Affairs under the 
        Transition Assistance Program, including mental health data;
            (4) whether the Transition Assistance Program effectively 
        addresses the challenges veterans face entering the civilian 
        workforce and in translating experience and skills from military 
        service to the job market;
            (5) whether the Transition Assistance Program effectively 
        addresses the challenges faced by the families of veterans 
        making the transition to civilian life;
            (6) appropriate metrics regarding outcomes of the Transition 
        Assistance Program for members of the Armed Forces one year 
        after separation, retirement, or discharge from the Armed 
        Forces;
            (7) <<NOTE: Consultation. Determination.>>  what the 
        Secretary, in consultation with the covered officials and 
        veterans service organizations, determine to be successful 
        outcomes for the Transition Assistance Program;

[[Page 134 STAT. 5020]]

            (8) whether members of the Armed Forces achieve successful 
        outcomes for the Transition Assistance Program, as determined 
        under paragraph (7);
            (9) how the Secretary and the covered officials provide 
        feedback to each other regarding such outcomes;
            (10) <<NOTE: Recommenda- tions.>>  recommendations for the 
        Secretaries of the military departments regarding how to improve 
        outcomes for members of the Armed Forces after separation, 
        retirement, and discharge; and
            (11) <<NOTE: Determination.>>  other topics the Secretary 
        and the covered officials determine would aid members of the 
        Armed Forces as they transition to civilian life.

    (b) Report.--Not later than 90 days after the completion of the 
independent assessment under subsection (a), the Secretary and the 
covered officials shall jointly submit to the appropriate committees of 
Congress--
            (1) <<NOTE: Recommenda- tions.>>  the findings and 
        recommendations (including recommended legislation) of the 
        independent assessment prepared by the entity described in 
        subsection (a); and
            (2) responses of the Secretary and the covered officials to 
        the findings and recommendations described in paragraph (1).

    (c) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) Covered officials.--The term ``covered officials'' 
        means--
                    (A) the Secretary of Defense;
                    (B) the Secretary of Labor;
                    (C) the Administrator of the Small Business 
                Administration; and
                    (D) the Secretaries of the military departments.
            (3) Military department.--The term ``military department'' 
        has the meaning given that term in section 101 of title 10, 
        United States Code.
SEC. 4306. LONGITUDINAL STUDY ON CHANGES TO TRANSITION ASSISTANCE 
                          PROGRAM.

    (a) <<NOTE: Deadline. Consultation. Time period.>>  Study.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs, in consultation with the Secretary of 
Defense, the Secretary of Labor, and the Administrator of the Small 
Business Administration, shall conduct a five-year longitudinal study 
regarding the Transition Assistance Program under sections 1142 and 1144 
of title 10, United States Code (TAP), on three separate cohorts of 
members of the Armed Forces who have separated from the Armed Forces, 
including--
            (1) a cohort that has attended counseling under the 
        Transition Assistance Program as implemented on the date of the 
        enactment of this Act;
            (2) a cohort that attends counseling under the Transition 
        Assistance Program after the Secretary of Defense and the 
        Secretary of Labor implement changes recommended in the report 
        under section 136(b); and

[[Page 134 STAT. 5021]]

            (3) a cohort that has not attended counseling under the 
        Transition Assistance Program.

    (b) Progress Reports.--Not later than 90 days after the date that is 
one year after the date of the initiation of the study under subsection 
(a), and annually thereafter for the three subsequent years, the 
Secretary of Veterans Affairs, the Secretary of Defense, the Secretary 
of Labor, and the Administrator of the Small Business Administration 
shall jointly submit to the appropriate committees of Congress a 
progress report of activities under the study during the immediately 
preceding year.
    (c) Final Report.--
            (1) <<NOTE: Recommenda- tions.>>  In general.--Not later 
        than 180 days after the completion of the study under subsection 
        (a), the Secretary of Veterans Affairs, the Secretary of 
        Defense, the Secretary of Labor, and the Administrator of the 
        Small Business Administration shall jointly submit to the 
        appropriate committees of Congress a report of final findings 
        and recommendations based on the study.
            (2) Elements.--The final report under paragraph (1) shall 
        include information regarding the following:
                    (A) The percentage of each cohort that received 
                unemployment benefits during the study under subsection 
                (a).
                    (B) The numbers of months members of each cohort 
                were employed during the study.
                    (C) Annual starting and ending salaries of members 
                of each cohort who were employed during the study.
                    (D) How many members of each cohort enrolled in an 
                institution of higher learning, as that term is defined 
                in section 3452(f) of title 38, United States Code.
                    (E) The academic credit hours, degrees, and 
                certificates obtained by members of each cohort during 
                the study.
                    (F) The annual income of members of each cohort.
                    (G) The total household income of members of each 
                cohort.
                    (H) How many members of each cohort own their 
                principal residences.
                    (I) How many dependents members of each cohort have.
                    (J) The percentage of each cohort that achieves a 
                successful outcome for the Transition Assistance 
                Program, as determined under section 136(a)(7).
                    (K) <<NOTE: Criteria.>>  Other criteria the 
                Secretaries and the Administrator of the Small Business 
                Administration determine appropriate.

    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Veterans' Affairs and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Veterans' Affairs and the Committee on 
        Armed Services of the House of Representatives.

TITLE V-- <<NOTE: Deborah Sampson Act of 2020.>> DEBORAH SAMPSON
SEC. 5001. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This title may be cited as the ``Deborah Sampson Act of 2020''.

[[Page 134 STAT. 5022]]

  Subtitle A--Improving Access for Women Veterans to the Department of 
                            Veterans Affairs

SEC. 5101. OFFICE OF WOMEN'S HEALTH IN DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) Chief Officer of Women's Health.--Subsection (a) of section 7306 
of title 38, United States Code, is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following new 
        paragraph (10):
            ``(10) The Chief Officer of Women's Health.''.

    (b) Organization of Office and Annual Reports.--
            (1) In general.--Subchapter I of chapter 73 of title 38, 
        United States Code, is amended by adding at the end of the 
        following new sections:
``Sec. 7310. <<NOTE: 38 USC 7310.>>  Office of Women's Health

    ``(a) Establishment.--(1) The Under Secretary for Health shall 
establish and operate in the Veterans Health Administration the Office 
of Women's Health (in this section referred to as the `Office').
    ``(2) The Office shall be located at the Central Office of the 
Department of Veterans Affairs.
    ``(3)(A) The head of the Office is the Chief Officer of Women's 
Health (in this section referred to as the `Chief Officer').
    ``(B) The Chief Officer shall report to the Under Secretary for 
Health.
    ``(4) The Under Secretary for Health shall provide the Office with 
such staff and other support as may be necessary for the Office to carry 
out effectively the functions of the Office under this section.
    ``(5) The Under Secretary for Health may reorganize existing offices 
within the Veterans Health Administration as of the date of the 
enactment of this section in order to avoid duplication with the 
functions of the Office.
    ``(b) Functions.--The functions of the Office include the following:
            ``(1) To provide a central office for monitoring and 
        encouraging the activities of the Veterans Health Administration 
        with respect to the provision, evaluation, and improvement of 
        health care services provided to women veterans by the 
        Department.
            ``(2) To develop and implement standards of care for the 
        provision of health care for women veterans by the Department.
            ``(3) To monitor and identify deficiencies in standards of 
        care for the provision of health care for women veterans by the 
        Department, to provide technical assistance to medical 
        facilities of the Department to address and remedy deficiencies, 
        and to perform oversight of implementation of such standards of 
        care.
            ``(4) <<NOTE: Recommenda- tions.>>  To monitor and identify 
        deficiencies in standards of care for the provision of health 
        care for women veterans provided through the community pursuant 
        to this title and to provide recommendations to the appropriate 
        office to address and remedy any deficiencies.

[[Page 134 STAT. 5023]]

            ``(5) To oversee distribution of resources and information 
        related to health programming for women veterans under this 
        title.
            ``(6) To promote the expansion and improvement of clinical, 
        research, and educational activities of the Veterans Health 
        Administration with respect to the health care of women 
        veterans.
            ``(7) <<NOTE: Recommenda- tions.>>  To provide, as part of 
        the annual budgeting process, recommendations with respect to 
        the amounts to be requested for furnishing hospital care and 
        medical services to women veterans pursuant to chapter 17 of 
        this title, including, at a minimum, recommendations that ensure 
        that such amounts either reflect or exceed the proportion of 
        veterans enrolled in the system of patient enrollment of the 
        Department established and operated under section 1705(a) of 
        this title who are women.
            ``(8) <<NOTE: Recommenda- tions.>>  To provide 
        recommendations to the Under Secretary for Health with respect 
        to modifying the Veterans Equitable Resource Allocation system, 
        or successor system, to ensure that resource allocations under 
        such system, or successor system, reflect the health care needs 
        of women veterans.
            ``(9) To carry out such other duties as the Under Secretary 
        for Health may require.

    ``(c) <<NOTE: Determination. Notification. Deadline.>>  
Recommendations.--(1) If the Under Secretary for Health determines not 
to implement any recommendation made by the Chief Officer with respect 
to the allocation of resources to address the health care needs of women 
veterans, the Secretary shall notify the appropriate congressional 
committees of such determination by not later than 30 days after the 
date on which the Under Secretary for Health receives the 
recommendation.

    ``(2) Each notification under paragraph (1) relating to a 
determination with respect to a recommendation shall include the 
following:
            ``(A) The reasoning of the Under Secretary for Health in 
        making the determination.
            ``(B) An alternative, if one is selected, to the 
        recommendation that the Under Secretary for Health will carry 
        out to fulfill the health care needs of women veterans.

    ``(d) <<NOTE: Requirements.>>  Standards of Care.--For purposes of 
carrying out the functions of the Office under this section, the 
standards of care for the provision of health care for women veterans 
from the Department shall include, at a minimum, the following:
            ``(1) A requirement for--
                    ``(A) at least one designated women's health primary 
                care provider at each medical center of the Department 
                whose duties include, to the extent practicable, 
                providing training to other health care providers of the 
                Department with respect to the needs of women veterans; 
                and
                    ``(B) at least one designated women's health primary 
                care provider at each community-based outpatient clinic 
                of the Department who may serve women patients as a 
                percentage of the total duties of the provider.
            ``(2) <<NOTE: Determination.>>  Other requirements as 
        determined by the Under Secretary for Health.

    ``(e) <<NOTE: Deadlines.>>  Outreach.--The Chief Officer shall 
ensure that--

[[Page 134 STAT. 5024]]

            ``(1) not less frequently than biannually, each medical 
        facility of the Department holds a public forum for women 
        veterans that occurs outside of regular business hours; and
            ``(2) not less frequently than quarterly, each medical 
        facility of the Department convenes a focus group of women 
        veterans that includes a discussion of harassment occurring at 
        such facility.

    ``(f) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees' has 
        the meaning given that term in section 7310A(h) of this title.
            ``(2) The term `facility of the Department' has the meaning 
        given the term `facilities of the Department' in section 1701(3) 
        of this title.
            ``(3) The term `Veterans Equitable Resource Allocation 
        system' means the resource allocation system established 
        pursuant to section 429 of the Departments of Veterans Affairs 
        and Housing and Urban Development, and Independent Agencies 
        Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929).
``Sec. 7310A. <<NOTE: Analyses. 38 USC 7310A.>>  Annual reports on 
                    women's health

    ``(a) Annual Reports.--Not later than December 1 of each year, the 
Chief Officer of Women's Health shall submit to the appropriate 
congressional committees a report containing the matters under 
subsections (b) through (g).
    ``(b) Office of Women's Health.--Each report under subsection (a) 
shall include a description of--
            ``(1) actions taken by the Office of Women's Health 
        established under section 7310 of this title in the preceding 
        fiscal year to improve the provision of health care by the 
        Department to women veterans;
            ``(2) any identified deficiencies related to the provision 
        of health care by the Department to women veterans and the 
        standards of care established in such section and the plan of 
        the Department to address such deficiencies;
            ``(3) the funding and personnel provided to the Office and 
        whether additional funding or personnel are needed to meet the 
        requirements of such section; and
            ``(4) other information that would be of interest to the 
        appropriate congressional committees with respect to oversight 
        of the provision of health care by the Department to women 
        veterans.

    ``(c) Access to Gender-specific Services.--(1) Each report under 
subsection (a) shall include an analysis of the access of women veterans 
to gender-specific services under contracts, agreements, or other 
arrangements with non-Department medical providers entered into by the 
Secretary for the provision of hospital care or medical services to 
veterans.
    ``(2) The analysis under paragraph (1) shall include data and 
performance measures for the availability of gender-specific services 
described in such paragraph, including--
            ``(A) the average wait time between the preferred 
        appointment date of the veteran and the date on which the 
        appointment is completed;
            ``(B) the average driving time required for veterans to 
        attend appointments; and

[[Page 134 STAT. 5025]]

            ``(C) reasons why appointments could not be scheduled with 
        non-Department medical providers.

    ``(d) Models of Care.--(1) Each report under subsection (a) shall 
include an analysis of the use by the Department of general primary care 
clinics, separate but shared spaces, and women's health centers as 
delivery of care models for women veterans.
    ``(2) <<NOTE: Assessments.>>  The analysis under paragraph (1) shall 
include the following:
            ``(A) The number of facilities of the Department that fall 
        into each delivery of care model described in such paragraph, 
        disaggregated by Veterans Integrated Service Network and State.
            ``(B) A description of the criteria used by the Department 
        to determine which such model is most appropriate for each 
        facility of the Department.
            ``(C) An assessment of how the Department decides to make 
        investments to modify facilities to a different model.
            ``(D) A description of what, if any, plans the Department 
        has to modify facilities from general primary care clinics to 
        another model.
            ``(E) An assessment of whether any facilities could be 
        modified to a separate but shared space for a women's health 
        center within planned investments under the strategic capital 
        investment planning process of the Department.
            ``(F) An assessment of whether any facilities could be 
        modified to a separate or shared space or a women's health 
        center with minor modifications to existing plans under the 
        strategic capital investment planning process of the Department.
            ``(G) An assessment of whether the Department has a goal for 
        how many facilities should fall into each such model.

    ``(e) Staffing.--Each report under subsection (a) shall include an 
analysis of the staffing of the Department relating to the treatment of 
women, including the following, disaggregated by Veterans Integrated 
Service Network and State (except with respect to paragraph (4)):
            ``(1) The number of women's health centers.
            ``(2) The number of patient aligned care teams of the 
        Department relating to women's health.
            ``(3) The number of full- and part-time gynecologists of the 
        Department.
            ``(4) The number of designated women's health care providers 
        of the Department, disaggregated by facility of the Department.
            ``(5) <<NOTE: Time periods.>>  The number of health care 
        providers of the Department who have completed a mini-residency 
        for women's health care through the Women Veterans Health Care 
        Mini-Residency Program of the Department during the one-year 
        period preceding the submittal of the report and the number of 
        mini-residency training slots for such program that are 
        available during the one-year period following such date.
            ``(6) The number of designated women's health care providers 
        of the Department who have sufficient women patient loads or 
        case complexities to retain their competencies and 
        proficiencies.

    ``(f) Accessibility and Treatment Options.--Each report under 
subsection (a) shall include an analysis of the accessibility and 
treatment options for women veterans, including the following:

[[Page 134 STAT. 5026]]

            ``(1) <<NOTE: Assessments.>>  An assessment of wheelchair 
        accessibility of women's health centers of the Department, 
        including, with respect to each such center, an assessment of 
        accessibility for each kind of treatment provided at the center, 
        including with respect to radiology and mammography, that 
        addresses all relevant factors, including door sizes, hoists, 
        and equipment.
            ``(2) The options for women veterans to access mental health 
        providers and primary care providers who are women.
            ``(3) The options for women veterans at medical facilities 
        of the Department with respect to clothing sizes, including for 
        gowns, drawstring pants, and pajamas.

    ``(g) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees' 
        means--
                    ``(A) the Committee on Appropriations and the 
                Committee on Veterans' Affairs of the Senate; and
                    ``(B) the Committee on Appropriations and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
            ``(2) The term `gender-specific services' means mammography, 
        obstetric care, gynecological care, and such other services as 
        the Secretary determines appropriate.''.
            (2) <<NOTE: 38 USC 7310 note.>>  References to health care 
        and services.--The references to health care and the references 
        to services in sections 7310 and 7310A of title 38, United 
        States Code, as added by paragraph (1), are references to the 
        health care and services included in the medical benefits 
        package provided by the Department as in effect on the day 
        before the date of the enactment of this Act.
            (3) Clerical amendment.--The table of sections for such 
        chapter <<NOTE: 38 USC 7301 prec.>>  is amended by inserting 
        after the item relating to section 7309A the following new 
        items:

``7310. Office of Women's Health.
``7310A. Annual reports on women's health.''.

    (c) <<NOTE: 38 USC 7310A note.>>  Initial Report.--The Chief Officer 
of Women's Health of the Department of Veterans Affairs shall submit the 
initial report under section 7310A of title 38, United States Code, as 
added by subsection (b), by not later than one year after the date of 
the enactment of this Act.
SEC. 5102. <<NOTE: 38 USC 8110 note.>>  WOMEN VETERANS RETROFIT 
                          INITIATIVE.

    (a) In General.--The Secretary of Veterans Affairs shall prioritize 
the retrofitting of existing medical facilities of the Department of 
Veterans Affairs with fixtures, materials, and other outfitting measures 
to support the provision of care to women veterans at such facilities.
    (b) Plan.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than one 
        year after the date of the enactment of this Act, the Secretary 
        shall submit to Congress, the Committee on Veterans' Affairs of 
        the Senate, and the Committee on Veterans' Affairs of the House 
        of Representatives a plan to address deficiencies in environment 
        of care for women veterans at medical facilities of the 
        Department.
            (2) Elements.--The plan required by paragraph (1) shall 
        include the following:
                    (A) An explanation of the specific environment of 
                care deficiencies that need correcting.

[[Page 134 STAT. 5027]]

                    (B) <<NOTE: Assessments.>>  An assessment of how the 
                Secretary prioritizes retrofitting existing medical 
                facilities to support provision of care to women 
                veterans in comparison to other requirements.
                    (C) A five-year strategic plan and cost projection 
                for retrofitting medical facilities of the Department to 
                support the provision of care to women veterans as 
                required under subsection (a).

    (c) Authorization of Appropriations.--Subject to appropriations and 
the plan under (b), there is authorized to be appropriated to the 
Secretary $20,000,000 to carry out subsection (a) in addition to amounts 
otherwise made available to the Secretary for the purposes set forth in 
such subsection.
SEC. 5103. <<NOTE: 38 USC 1701 note.>>  ESTABLISHMENT OF 
                          ENVIRONMENT OF CARE STANDARDS AND 
                          INSPECTIONS AT DEPARTMENT OF VETERANS 
                          AFFAIRS MEDICAL CENTERS.

    (a) <<NOTE: Requirements.>>  In General.--The Secretary of Veterans 
Affairs shall establish a policy under which the environment of care 
standards and inspections at medical centers of the Department of 
Veterans Affairs include--
            (1) an alignment of the requirements for such standards and 
        inspections with the women's health handbook of the Veterans 
        Health Administration;
            (2) a requirement for the frequency of such inspections;
            (3) delineation of the roles and responsibilities of staff 
        at each medical center who are responsible for compliance;
            (4) <<NOTE: Public information. Reports.>>  the requirement 
        that each medical center submit to the Secretary and make 
        publicly available a report on the compliance of the medical 
        center with the standards; and
            (5) <<NOTE: Remediation plan.>>  a remediation plan.

    (b) <<NOTE: Certification.>>  Report.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report certifying in 
writing that the policy required by subsection (a) has been finalized 
and disseminated to all medical centers of the Department.
SEC. 5104. PROVISION OF REINTEGRATION AND READJUSTMENT SERVICES TO 
                          VETERANS AND FAMILY MEMBERS IN GROUP 
                          RETREAT SETTINGS.

    (a) In General.--Section 1712A of title 38, United States Code, is 
amended--
            (1) in subsection (a)(1)(B)--
                    (A) in clause (ii), by redesignating subclauses (I) 
                and (II) as items (aa) and (bb);
                    (B) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II);
                    (C) in the matter preceding subclause (I), as 
                redesignated by subparagraph (B), by striking 
                ``Counseling'' and inserting ``(i) Counseling''; and
                    (D) by adding at the end the following new clause:

    ``(ii)(I) Except as provided in subclauses (IV) and (V), counseling 
furnished to an individual under subparagraph (A) may include 
reintegration and readjustment services described in subclause (II) 
furnished in group retreat settings.
    ``(II) Reintegration and readjustment services described in this 
subclause are the following:

[[Page 134 STAT. 5028]]

            ``(aa) Information on reintegration of the individual into 
        family, employment, and community.
            ``(bb) Financial counseling.
            ``(cc) Occupational counseling.
            ``(dd) Information and counseling on stress reduction.
            ``(ee) Information and counseling on conflict resolution.
            ``(ff) Such other information and counseling as the 
        Secretary considers appropriate to assist the individual in 
        reintegration into family, employment, and community.

    ``(III) In furnishing reintegration and readjustment services under 
subclause (I), the Secretary shall offer women the opportunity to 
receive such services in group retreat settings in which the only 
participants are women.
    ``(IV) An individual described in subparagraph (C)(v) may receive 
reintegration and readjustment services under subclause (I) of this 
clause only if the individual receives such services with a family 
member described in subclause (I) or (II) of such subparagraph.
    ``(V) In each of fiscal years 2021 through 2025, the maximum number 
of individuals to whom integration and readjustment services may be 
furnished in group retreat settings under this subclause (I) shall not 
exceed 1,200 individuals.''.
    (b) Request for Services.--Subsection (a)(2) of such section is 
amended--
            (1) by striking ``Upon'' and inserting ``(A) Upon'';
            (2) by striking ``paragraph (1)(B)'' and inserting 
        ``paragraph (1)(B)(i)''; and
            (3) by adding at the end the following new subparagraph:

    ``(B) <<NOTE: Determination.>>  Upon the request of an individual 
described in paragraph (1)(C), the Secretary shall furnish the 
individual reintegration and readjustment services in group retreat 
settings under paragraph (1)(B)(ii) if the Secretary determines the 
experience will be therapeutically appropriate.''.
SEC. 5105. <<NOTE: 38 USC 3001 note prec.>>  PROVISION OF LEGAL 
                          SERVICES FOR WOMEN VETERANS.

    (a) Agreement Required.--The Secretary of Veterans Affairs shall 
enter into one or more agreements with public or private entities to 
provide legal services to women veterans.
    (b) Focus.--The focus of an agreement entered into under subsection 
(a) shall be to address the following unmet needs of women veterans as 
set forth in the most recently completed Community Homelessness 
Assessment, Local Education and Networking Groups for Veterans (CHALENG 
for Veterans) survey:
            (1) Child support.
            (2) Prevention of eviction and foreclosure.
            (3) Discharge upgrades.
            (4) Financial guardianship.
            (5) Credit counseling.
            (6) Family reconciliation assistance.
SEC. 5106. COMPTROLLER GENERAL SURVEYS AND REPORT ON SUPPORTIVE 
                          SERVICES PROVIDED FOR VERY LOW-INCOME 
                          WOMEN VETERANS.

    (a) Surveys.--
            (1) <<NOTE: Determination.>>  Survey of women veterans.--The 
        Comptroller General of the United States shall survey women 
        veterans who have received or are receiving supportive services 
        provided under section 2044 of title 38, United States Code, to 
        determine

[[Page 134 STAT. 5029]]

        satisfaction with the ability of such services to meet the 
        specific needs of such veterans.
            (2) Survey of eligible entities.--The Comptroller General 
        shall survey eligible entities receiving financial assistance 
        under such section and other partners of the Department of 
        Veterans Affairs, including veterans service organizations and 
        the National Coalition of Homeless Veterans, on the view of such 
        entities and partners regarding--
                    (A) whether the Department is meeting the needs of 
                women veterans through the provision of supportive 
                services under such section; and
                    (B) any additional supportive services that may be 
                required to meet such needs.

    (b) Report.--
            (1) 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 Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the efforts of the Department of 
        Veterans Affairs to provide supportive services to women 
        veterans under section 2044 of title 38, United States.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) <<NOTE: Review.>>  A review of how the 
                Department determines which categories of supportive 
                services would be beneficial to women veterans who 
                receive services under such section.
                    (B) A description of the challenges women veterans 
                who have children face in accessing supportive services 
                under such section, including with respect to 
                accessing--
                          (i) homeless shelters with their children;
                          (ii) homeless shelters that have restrictions 
                      on male children; and
                          (iii) affordable child care.
                    (C) A description of how the Department identifies 
                eligible entities under such section that can provide 
                supportive services to meet the needs of women veterans, 
                including eligible entities with experience in--
                          (i) intimate partner violence;
                          (ii) legal matters pertaining especially to 
                      women veterans, including temporary restraining 
                      orders and child care orders;
                          (iii) supportive services for children; and
                          (iv) <<NOTE: Evaluation.>>  the evaluation of 
                      which categories of services would be beneficial 
                      to women veterans who receive such services under 
                      such section.
                    (D) A description of how much the Department spends, 
                from funds appropriated to carry out such section and 
                funds provided under the Coronavirus Aid, Relief, and 
                Economic Security Act (Public Law 116-136), on 
                supportive services specifically for women veterans, and 
                in particular, on the services described in subparagraph 
                (A).
                    (E) The results of the surveys conducted under 
                subsection (a).
                    (F) <<NOTE: Review.>>  A review of the resources and 
                programming offered to woman veterans under such 
                section.

[[Page 134 STAT. 5030]]

                    (G) <<NOTE: Assessment.>>  An assessment of such 
                other areas as the Comptroller General considers 
                appropriate.
SEC. 5107. PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN 
                          VETERANS.

    (a) Assistance for Child Care for Certain Veterans Receiving Health 
Care.--
            (1) In general.--Subchapter I of chapter 17 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1709C. <<NOTE: 38 USC 1709C.>>  Assistance for child care 
                    for certain veterans receiving health care

    ``(a) Program Required.--The Secretary shall carry out a program to 
provide, subject to subsection (b), assistance to qualified veterans 
described in subsection (c) to obtain child care so that such veterans 
can receive health care services described in subsection (c)(2).
    ``(b) Limitation on Period of Payments.--Assistance may be provided 
to a qualified veteran under this section for receipt of child care only 
during the period that the qualified veteran--
            ``(1) receives the types of health care services described 
        in subsection (c)(2) at a facility of the Department; and
            ``(2) requires travel to and return from such facility for 
        the receipt of such health care services.

    ``(c) Qualified Veterans.--For purposes of this section, a qualified 
veteran is a veteran who--
            ``(1) is the primary caretaker of a child or children; and
            ``(2)(A) receives from the Department--
                    ``(i) regular mental health care services;
                    ``(ii) intensive mental health care services; or
                    ``(iii) such other intensive health care services 
                that the Secretary determines that provision of 
                assistance to the veteran to obtain child care would 
                improve access to such health care services by the 
                veteran; or
            ``(B) is in need of regular or intensive mental health care 
        services from the Department, and but for lack of child care 
        services, would receive such health care services from the 
        Department.

    ``(d) <<NOTE: Deadline.>>  Locations.--Not later than five years 
after the date of the enactment of the Deborah Sampson Act of 2020, the 
Secretary shall carry out the program at each medical center of the 
Department.

    ``(e) Forms of Child Care Assistance.--(1) Child care assistance 
under this section may include the following:
            ``(A) Stipends for the payment of child care offered by a 
        licensed child care center (either directly or through a voucher 
        program) that shall be, to the extent practicable, modeled after 
        the Department of Veterans Affairs Child Care Subsidy Program 
        established pursuant to section 630 of the Treasury and General 
        Government Appropriations Act, 2002 (Public Law 107-67; 115 
        Stat. 552).
            ``(B) Direct provision of child care at an on-site facility 
        of the Department.
            ``(C) Payments to private child care agencies.
            ``(D) Collaboration with facilities or programs of other 
        Federal agencies.

[[Page 134 STAT. 5031]]

            ``(E) Such other forms of assistance as the Secretary 
        considers appropriate.

    ``(2) In providing child care assistance under this section, the 
child care needs of the local area shall be considered and the head of 
each medical center may select the type of care that is most appropriate 
or feasible for such medical center.
    ``(3) In the case that child care assistance under this section is 
provided as a stipend under paragraph (1)(A), such stipend shall cover 
the full cost of such child care.''.
            (2) Conforming amendment.--Section 205(e) of the Caregivers 
        and Veterans Omnibus Health Services Act of 2010 (Public Law 
        111-163; 38 U.S.C. 1710 note) is amended by striking ``September 
        30, 2020'' and inserting ``the date of the enactment of the 
        Deborah Sampson Act of 2020''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 17 of such title is <<NOTE: 38 USC 1701 
        prec.>>  amended by inserting after the item relating to section 
        1709B the following new item:

``1709C. Assistance for child care for certain veterans receiving health 
           care,''.

    (b) <<NOTE: 38 USC 1712A note.>>  Pilot Program on Assistance for 
Child Care for Certain Veterans Receiving Readjustment Counseling and 
Related Mental Health Services.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        carry out a pilot program to assess the feasibility and 
        advisability of providing, subject to paragraph (2), assistance 
        to qualified veterans described in paragraph (3) to obtain child 
        care so that such veterans can receive readjustment counseling 
        and related mental health services.
            (2) Limitation on period of payments.--Assistance may be 
        provided to a qualified veteran under the pilot program for 
        receipt of child care only during the period that the qualified 
        veteran receives readjustment counseling and related health care 
        services at a Vet Center.
            (3) Qualified veterans.--For purposes of this subsection, a 
        qualified veteran is a veteran who--
                    (A) is the primary caretaker of a child or children; 
                and
                    (B)(i) receives from the Department regular 
                readjustment counseling and related mental health 
                services; or
                    (ii) is in need of regular readjustment counseling 
                and related mental health services from the Department, 
                and but for lack of child care services, would receive 
                such counseling and services from the Department.
            (4) Locations.--The Secretary shall carry out the pilot 
        program in not fewer than three Readjustment Counseling Service 
        Regions selected by the Secretary for purposes of the pilot 
        program.
            (5) Forms of child care assistance.--
                    (A) In general.--Child care assistance under the 
                pilot program may include the following:
                          (i) Stipends for the payment of child care 
                      offered by a licensed child care center (either 
                      directly or through a voucher program) that shall 
                      be, to the extent practicable, modeled after the 
                      Department of Veterans

[[Page 134 STAT. 5032]]

                      Affairs Child Care Subsidy Program established 
                      pursuant to section 630 of the Treasury and 
                      General Government Appropriations Act, 2002 
                      (Public Law 107-67; 115 Stat. 552).
                          (ii) Payments to private child care agencies.
                          (iii) Collaboration with facilities or 
                      programs of other Federal agencies.
                          (iv) Such other forms of assistance as the 
                      Secretary considers appropriate.
                    (B) Local area.--In providing child care assistance 
                under the pilot program, the child care needs of the 
                local area shall be considered and the head of each Vet 
                Center may select the type of care that is most 
                appropriate or feasible for such Vet Center.
                    (C) Use of stipend.--In the case that child care 
                assistance under the pilot program is provided as a 
                stipend under subparagraph (A)(i), such stipend shall 
                cover the full cost of such child care.
            (6) Duration.--The pilot program shall be carried out during 
        the two-year period beginning on the date of the commencement of 
        the pilot program.
            (7) Report.--
                    (A) In general.--Not later than 180 days after the 
                completion of the pilot program, the Secretary shall 
                submit to Congress a report on the pilot program.
                    (B) <<NOTE: Recommenda- tions.>>  Elements.--The 
                report required by subparagraph (A) shall include the 
                findings and conclusions of the Secretary regarding the 
                pilot program, and shall include such recommendations 
                for the continuation or expansion of the pilot program 
                as the Secretary considers appropriate.
            (8) Vet center defined.--In this subsection, the term ``Vet 
        Center'' has the meaning given that term in section 1712A(h) of 
        title 38, United States Code.
SEC. 5108. AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS FROM 
                          DEPARTMENT OF VETERANS AFFAIRS.

    (a) Access at Each Medical Facility.--Section 1714(a) of title 38, 
United States Code, is amended--
            (1) by striking ``(a) Any veteran'' and inserting ``(a)(1) 
        Any veteran''; and
            (2) by adding at the end the following new paragraph:

    ``(2) In furnishing prosthetic appliances under paragraph (1), the 
Secretary shall ensure women veterans are able to access clinically 
appropriate prosthetic appliances through each medical facility of the 
Department.''.
    (b) Report.--
            (1) <<NOTE: Assessment.>>  In general.--Not later than one 
        year 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 report on the availability from 
        the Department of Veterans Affairs of prosthetics made for women 
        veterans, including an assessment of the availability of such 
        prosthetics at medical facilities of the Department.
            (2) Elements.--The report required by paragraph (1) shall 
        include--

[[Page 134 STAT. 5033]]

                    (A) <<NOTE: List.>>  a list of all devices 
                classified by the Department as prosthetic devices, 
                including a breakdown of whether a device is considered 
                gender-neutral or gender-specific;
                    (B) for gender-neutral devices, a breakdown of 
                sizing;
                    (C) the average time it takes for a woman veteran to 
                receive a prosthetic device after it is prescribed, 
                disaggregated by Veterans Integrated Service Network and 
                medical center of the Department;
                    (D) the total number of women veterans utilizing the 
                Department for prosthetic services, disaggregated by 
                facility of the Department;
                    (E) <<NOTE: Assessment.>>  an assessment of efforts 
                by the Department on research, development, and 
                employment of additive manufacture technology (commonly 
                referred to as 3D printing) to provide prosthetic items 
                for women veterans;
                    (F) the results of a survey with a representative 
                sample of not fewer than 50,000 veterans (of which women 
                shall be overrepresented) in an amputee care program on 
                satisfaction with prosthetics furnished or procured by 
                the Department that replace appendages or their 
                function; and
                    (G) such other information as the Secretary 
                considers appropriate.
SEC. 5109. <<NOTE: 38 USC 6303 note.>>  REQUIREMENT TO IMPROVE 
                          DEPARTMENT OF VETERANS AFFAIRS WOMEN 
                          VETERANS CALL CENTER.

    The Secretary of Veterans Affairs shall enhance the capabilities of 
the women veterans call center of the Department of Veterans Affairs to 
respond to requests by women veterans for assistance with accessing 
health care and benefits furnished under the laws administered by the 
Secretary.
SEC. 5110. STUDY ON INFERTILITY SERVICES FURNISHED AT DEPARTMENT 
                          OF VETERANS AFFAIRS.

    (a) Study Required.--The Secretary of Veterans Affairs shall conduct 
a study on the infertility services offerings at the Department of 
Veterans Affairs.
    (b) Elements.--The study conducted under subsection (a) shall 
include the following:
            (1) <<NOTE: Assessment.>>  An assessment of the following:
                    (A) The availability of infertility services at 
                facilities of the Department and through laws 
                administered by the Secretary for the provision of non-
                Department care.
                    (B) The demand for such services from eligible 
                individuals.
            (2) Identification of potential challenges in accessing 
        infertility services for eligible individuals.
            (3) <<NOTE: Analysis.>>  An analysis of Department resources 
        for the furnishing of infertility services, including analysis 
        of Department workforce and non-Department providers.
            (4) <<NOTE: Recommenda- tions.>>  Development of 
        recommendations for the improvement of infertility services 
        under laws administered by the Secretary to improve eligible 
        individuals' access, delivery of services, and health outcomes.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a report on the study conducted under 
subsection (a).

[[Page 134 STAT. 5034]]

    (d) Eligible Individual Defined.--In this section, the term 
``eligible individual'' means an individual who is a veteran who is 
eligible for and enrolled in the health care system of the Department 
under section 1705(a) of title 38, United States Code.
SEC. 5111. SENSE OF CONGRESS ON ACCESS TO FACILITIES OF DEPARTMENT 
                          OF VETERANS AFFAIRS BY RESERVISTS FOR 
                          COUNSELING AND TREATMENT RELATING TO 
                          MILITARY SEXUAL TRAUMA.

    (a) In General.--It is the sense of Congress that members of the 
reserve components of the Armed Forces, including members of the 
National Guard, should be able to access all health care facilities of 
the Department of Veterans Affairs, not just Vet Centers, to receive 
counseling and treatment relating to military sexual trauma.
    (b) Definitions.--In this section:
            (1) Military sexual trauma.--The term ``military sexual 
        trauma'' has the meaning given such term in section 1164(c) of 
        title 38, United States Code, as added by section 5501(a) of 
        this title.
            (2) Vet center.--The term ``Vet Center'' has the meaning 
        given that term in section 1712A(h) of such title.

            Subtitle B--Increasing Staff Cultural Competency

SEC. 5201. <<NOTE: 38 USC 8110 note.>>  STAFFING OF WOMEN'S HEALTH 
                          PRIMARY CARE PROVIDERS AT MEDICAL 
                          FACILITIES OF DEPARTMENT OF VETERANS 
                          AFFAIRS.

    The Secretary of Veterans Affairs shall ensure that each medical 
facility of the Department of Veterans Affairs has not fewer than one 
full-time or part-time women's health primary care provider whose duties 
include, to the extent possible, providing training to other health care 
providers of the Department on the needs of women veterans.
SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY CARE AND EMERGENCY CARE 
                          CLINICIANS IN WOMEN VETERANS HEALTH CARE 
                          MINI-RESIDENCY PROGRAM.

    (a) <<NOTE: Appropriations authorization.>>  In General.--There is 
authorized to be appropriated to the Secretary of Veterans Affairs 
$1,000,000 for each fiscal years 2021 through 2025 to provide 
opportunities for participation in the Women Veterans Health Care Mini-
Residency Program of the Department of Veterans Affairs for primary care 
and emergency care clinicians.

    (b) Treatment of Amounts.--The amounts authorized to be appropriated 
under subsection (a) shall be in addition to amounts otherwise made 
available to the Secretary for the purposes set forth in such 
subsection.
SEC. 5203. <<NOTE: 38 USC 1703 note.>>  ESTABLISHMENT OF WOMEN 
                          VETERAN TRAINING MODULE FOR NON-
                          DEPARTMENT OF VETERANS AFFAIRS HEALTH 
                          CARE PROVIDERS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall

[[Page 134 STAT. 5035]]

establish and make available to community providers a training module 
that is specific to women veterans.

    (b) Training Materials Provided.--Under the training module 
established and made available to community providers under subsection 
(a), the Secretary shall provide to community providers the same 
training materials relating to treatment of women veterans that is 
provided to health care providers of the Department of Veterans Affairs 
to ensure that all health care providers treating women veterans have 
access to the same materials to support competency throughout the 
community.
    (c) <<NOTE: Website.>>  Administration of Training Module.--The 
Secretary shall administer the training module established under 
subsection (a) to community providers through an internet website of the 
Department.

    (d) Annual Report.--Not later than one year after the establishment 
of the training module under subsection (a), and annually thereafter, 
the Secretary shall submit to Congress a report on--
            (1) the utilization by community providers of the training 
        module; and
            (2) the effectiveness of the training module.

    (e) Definitions.--In this section:
            (1) Community provider.--The term ``community provider'' 
        means a non-Department of Veterans Affairs health care provider 
        who provides preauthorized health care to veterans under the 
        laws administered by the Secretary of Veterans Affairs.
            (2) Preauthorized health care.--The term ``preauthorized 
        health care'' means health care provided to a veteran that is 
        authorized by the Secretary before being provided.
SEC. 5204. <<NOTE: 38 USC 1701 note.>>  STUDY ON STAFFING OF WOMEN 
                          VETERAN PROGRAM MANAGER PROGRAM AT 
                          MEDICAL CENTERS OF DEPARTMENT OF 
                          VETERANS AFFAIRS AND TRAINING OF STAFF.

    (a) <<NOTE: Determination.>>  Study.--The Secretary of Veterans 
Affairs shall conduct a study on the use of the Women Veteran Program 
Manager program of the Department of Veterans Affairs to determine--
            (1) if the program is appropriately staffed at each medical 
        center of the Department;
            (2) whether each medical center of the Department is staffed 
        with a Women Veteran Program Manager; and
            (3) whether it would be feasible and advisable to have a 
        Women Veteran Program Ombudsman at each medical center of the 
        Department.

    (b) Report.--Not later than 270 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a report on the study conducted under 
subsection (a).
    (c) Training.--The Secretary shall ensure that all Women Veteran 
Program Managers and Women Veteran Program Ombudsmen receive the proper 
training to carry out their duties.
SEC. 5205. STUDY ON WOMEN VETERAN COORDINATOR PROGRAM.

    (a) Study and Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall--

[[Page 134 STAT. 5036]]

            (1) complete a study on the Women Veteran Coordinator 
        program of the Veterans Benefits Administration of the 
        Department of Veterans Affairs; and
            (2) submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the findings of the Secretary with 
        respect to the study completed under paragraph (1).

    (b) Elements.--The study required by subsection (a)(1) shall 
identify the following:
            (1) If the program described in such subsection is 
        appropriately staffed at each regional benefits office of the 
        Department.
            (2) Whether each regional benefits office of the Department 
        is staffed with a Women Veteran Coordinator.
            (3) The position description of the Women Veteran 
        Coordinator.
            (4) Whether an individual serving in the Women Veteran 
        Coordinator position concurrently serves in any other position, 
        and if so, the allocation of time the individual spends in each 
        such position.
            (5) A description of the metrics the Secretary uses to 
        determine the job performance and effectiveness of the Women 
        Veteran Coordinator.
SEC. 5206. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS OF 
                          DEPARTMENT OF VETERANS AFFAIRS WHO ARE 
                          WOMEN.

    (a) Assessment of Capacity.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Secretary of Veterans Affairs, in consultation with the 
        Inspector General of the Department of Veterans Affairs, shall 
        commence an assessment of the capacity of peer specialists of 
        the Department of Veterans Affairs who are women.
            (2) Elements.--The assessment required by paragraph (1) 
        shall include an assessment of the following:
                    (A) The geographical distribution of peer 
                specialists of the Department who are women.
                    (B) The geographical distribution of women veterans.
                    (C) The number and proportion of women peer 
                specialists who specialize in peer counseling on mental 
                health or suicide prevention.
                    (D) The number and proportion of women peer 
                specialists who specialize in peer counseling on non-
                mental health related matters.

    (b) Report.--Not later than one year after the assessment required 
by subsection (a) has commenced, the Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report detailing the 
findings of the assessment.
    (c) Staffing Improvement Plan.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 180 days after submitting the report under subsection 
        (b), the Secretary, in consultation with the Inspector General, 
        shall submit to the Committee on Veterans' Affairs of the Senate 
        and the Committee on Veterans' Affairs of the House of 
        Representatives a plan, based on the results of the assessment 
        required by subsection (a),

[[Page 134 STAT. 5037]]

        to hire additional qualified peer specialists who are women, 
        with special consideration for areas that lack peer specialists 
        who are women.
            (2) Elements.--The peer specialist positions included in the 
        plan required by paragraph (1)--
                    (A) shall be non-volunteer, paid positions; and
                    (B) may be part-time positions.

             Subtitle C--Eliminating Harassment and Assault

SEC. 5301. EXPANSION OF COVERAGE BY DEPARTMENT OF VETERANS AFFAIRS 
                          OF COUNSELING AND TREATMENT FOR SEXUAL 
                          TRAUMA.

    (a) Expansion of Eligibility for Counseling and Treatment.--Section 
1720D of title 38, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``active duty, 
                active duty for training, or inactive duty training'' 
                and inserting ``duty, regardless of duty status or line 
                of duty determination (as that term is used in section 
                12323 of title 10)''; and
                    (B) in paragraph (2)(A), by striking ``active duty, 
                active duty for training, or inactive duty training'' 
                and inserting ``duty, regardless of duty status or line 
                of duty determination (as that term is used in section 
                12323 of title 10)'';
            (2) by striking ``veteran'' each place it appears and 
        inserting ``former member of the Armed Forces'';
            (3) by striking ``veterans'' each place it appears and 
        inserting ``former members of the Armed Forces''; and
            (4) by adding at the end the following new subsection:

    ``(g) In this section, the term `former member of the Armed Forces' 
includes the following:
            ``(1) A veteran.
            ``(2) An individual described in section 1720I(b) of this 
        title.''.

    (b) Inclusion of Treatment for Physical Health Conditions.--Such 
section is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by inserting ``, to include care for 
                      physical health conditions, as appropriate,'' 
                      after ``counseling and appropriate care and 
                      services'';
                          (ii) by striking ``overcome psychological 
                      trauma'' and inserting ``treat a condition''; and
                          (iii) by striking ``mental health 
                      professional'' and inserting ``health care 
                      professional''; and
                    (B) in paragraph (2)(A), by striking ``overcome 
                psychological trauma'' and inserting ``treat a 
                condition''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by inserting ``and other 
                health care professionals'' after ``mental health 
                professionals''; and
                    (B) in paragraph (2)(A), by inserting ``and other 
                health care professionals'' after ``mental health 
                professionals''.

[[Page 134 STAT. 5038]]

SEC. 5302. ASSESSMENT OF EFFECTS OF INTIMATE PARTNER VIOLENCE ON 
                          WOMEN VETERANS BY ADVISORY COMMITTEE ON 
                          WOMEN VETERANS.

    Section 542(c)(1) of title 38, United States Code, is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph (C):
            ``(C) an assessment of the effects of intimate partner 
        violence on women veterans; and''.
SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL ASSAULT POLICY OF 
                          DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Subchapter II of chapter 5 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 533. <<NOTE: 38 USC 533.>>  Anti-harassment and anti-sexual 
                assault policy

    ``(a) Establishment.--(1) The Secretary, acting through the Office 
of Assault and Prevention of the Veterans Health Administration, shall 
establish a comprehensive policy to end harassment and sexual assault, 
including sexual harassment and gender-based harassment, throughout the 
Department.
    ``(2) The policy required by paragraph (1) shall include the 
following:
            ``(A) A process for employees and contractors of the 
        Department to respond to reported incidents of harassment and 
        sexual assault committed by any non-Department individual within 
        a facility of the Department, including with respect to 
        accountability or disciplinary measures.
            ``(B) A process for employees and contractors of the 
        Department to respond to reported incidents of harassment and 
        sexual assault of any non-Department individual within a 
        facility of the Department.
            ``(C) A process for any non-Department individual to report 
        harassment and sexual assault described in subparagraph (A), 
        including an option for confidential reporting, and for the 
        Secretary to respond to and address such reports.
            ``(D) Clear mechanisms for non-Department individuals to 
        readily identify to whom and how to report incidents of 
        harassment and sexual assault committed by another non-
        Department individual.
            ``(E) Clear mechanisms for employees and contractors of the 
        Department to readily identify to whom and how to report 
        incidents of harassment and sexual assault and how to refer non-
        Department individuals with respect to reporting an incident of 
        harassment or sexual assault.
            ``(F) A process for, and mandatory reporting requirement 
        applicable to, any employee or contractor of the Department who 
        witnesses harassment or sexual assault described in subparagraph 
        (A) or (B) within a facility of the Department, regardless of 
        whether the individual affected by such harassment or sexual 
        assault wants to report such harassment or sexual assault.
            ``(G) The actions possible, including disciplinary actions, 
        for employees or contractors of the Department who fail to

[[Page 134 STAT. 5039]]

        report incidents of harassment and sexual assault described in 
        subparagraph (A) or (B) that the employees or contractors 
        witness.
            ``(H) On an annual or more frequent basis, mandatory 
        training for employees and contractors of the Department 
        regarding how to report and address harassment and sexual 
        assault described in subparagraphs (A) and (B), including 
        bystander intervention training.
            ``(I) On an annual or more frequent basis, the distribution 
        of the policy under this subsection and anti-harassment and 
        anti-sexual assault educational materials by mail or email to 
        each individual receiving a benefit under a law administered by 
        the Secretary.
            ``(J) The prominent display of anti-harassment and anti-
        sexual assault messages in each facility of the Department, 
        including how non-Department individuals may report harassment 
        and sexual assault described in subparagraphs (A) and (B) at 
        such facility and the points of contact under subsection (b).
            ``(K) <<NOTE: Web posting.>>  The posting on internet 
        websites of the Department, including the main internet website 
        regarding benefits of the Department and the main internet 
        website regarding health care of the Department, of anti-
        harassment and anti-sexual assault banners specifically 
        addressing harassment and sexual assault described in 
        subparagraphs (A) and (B).

    ``(b) <<NOTE: Designation.>>  Points of Contact.--The Secretary 
shall designate, as a point of contact to receive reports of harassment 
and sexual assault described in subparagraphs (A) and (B) of subsection 
(a)(2)--
            ``(1) at least one individual, in addition to law 
        enforcement, at each facility of the Department (including Vet 
        Centers under section 1712A of this title), with regard to that 
        facility;
            ``(2) at least one individual employed in each Veterans 
        Integrated Service Network, with regard to facilities in that 
        Veterans Integrated Service Network;
            ``(3) at least one individual employed in each regional 
        benefits office;
            ``(4) at least one individual employed at each location of 
        the National Cemetery Administration; and
            ``(5) at least one individual employed at the Central Office 
        of the Department to track reports of such harassment and sexual 
        assault across the Department, disaggregated by facility.

    ``(c) Accountability.--(1) The Secretary shall establish a policy to 
ensure that each facility of the Department and each director of a 
Veterans Integrated Service Network is responsible for addressing 
harassment and sexual assault at the facility and the Network.
    ``(2) The policy required by paragraph (1) shall include--
            ``(A) <<NOTE: Remediation plan.>>  a remediation plan for 
        facilities that experience five or more incidents of sexual 
        harassment, sexual assault, or combination thereof, during any 
        single fiscal year; and
            ``(B) taking appropriate actions under chapter 7 or 
        subchapter V of chapter 74 of this title.

    ``(d) <<NOTE: Survey.>>  Data.--The Secretary shall ensure that the 
in-take process for veterans at medical facilities of the Department 
includes a survey to collect the following information:

[[Page 134 STAT. 5040]]

            ``(1) Whether the veteran feels safe at the facility and 
        whether any events occurred at the facility that affect such 
        feeling.
            ``(2) Whether the veteran wants to be contacted later by the 
        Department with respect to such safety issues.

    ``(e) Working Group.--(1) The Secretary shall establish a working 
group to assist the Secretary in implementing policies to carry out this 
section.
    ``(2) The working group established under paragraph (1) shall 
consist of representatives from--
            ``(A) veterans service organizations;
            ``(B) State, local, and Tribal veterans agencies; and
            ``(C) other persons the Secretary determines appropriate.

    ``(3) The working group established under paragraph (1) shall 
develop, and the Secretary shall carry out--
            ``(A) <<NOTE: Action plan.>>  an action plan for addressing 
        changes at the local level to reduce instances of harassment and 
        sexual assault;
            ``(B) standardized media for veterans service organizations 
        and other persons to use in print and on the internet with 
        respect to reducing harassment and sexual assault; and
            ``(C) bystander intervention training for veterans.

    ``(4) The working group established under paragraph (1) shall not be 
subject to the requirements of the Federal Advisory Committee Act (5 
U.S.C. App.).
    ``(f) Annual Reports.--(1) The Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives an annual report on 
harassment and sexual assault described in subparagraphs (A) and (B) of 
subsection (a)(2) in facilities of the Department.
    ``(2) Each report submitted under paragraph (1) shall include the 
following:
            ``(A) Results of harassment and sexual assault programming, 
        including the End Harassment program.
            ``(B) Results of studies from the Women's Health Practice-
        Based Research Network of the Department relating to harassment 
        and sexual assault.
            ``(C) <<NOTE: Data.>>  Data collected on incidents of sexual 
        harassment and sexual assault.
            ``(D) A description of any actions taken by the Secretary 
        during the year preceding the date of the report to stop 
        harassment and sexual assault at facilities of the Department.
            ``(E) <<NOTE: Assessment.>>  An assessment of the 
        implementation of the training required in subsection (a)(2)(H).
            ``(F) <<NOTE: List. Determination.>>  A list of resources 
        the Secretary determines necessary to prevent harassment and 
        sexual assault at facilities of the Department.

    ``(g) Definitions.--In this section:
            ``(1) The term `non-Department individual' means any 
        individual present at a facility of the Department who is not an 
        employee or contractor of the Department.
            ``(2) The term `sexual harassment' means unsolicited verbal 
        or physical contact of a sexual nature which is threatening in 
        character.''.

[[Page 134 STAT. 5041]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 38 USC 501 prec.>>  is amended by adding after the 
item relating to section 532 the following new item:

``533. Anti-harassment and anti-sexual assault policy.''.

    (c) Definition of Sexual Harassment.--Section 1720D(f) of such title 
is amended by striking ``repeated,''.
    (d) <<NOTE: 38 USC 533 note.>>  Deadline.--The Secretary shall 
commence carrying out section 533 of such title, as added by subsection 
(a), not later than 180 days after the date of enactment of this Act.
SEC. 5304. <<NOTE: 38 USC 6303 note.>>  PILOT PROGRAM ON ASSISTING 
                          VETERANS WHO EXPERIENCE INTIMATE PARTNER 
                          VIOLENCE OR SEXUAL ASSAULT.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs shall 
carry out a pilot program to assess the feasibility and advisability of 
assisting former members of the Armed Forces who have experienced or are 
experiencing intimate partner violence or sexual assault in accessing 
benefits from the Department of Veterans Affairs, including coordinating 
access to medical treatment centers, housing assistance, and other 
benefits from the Department.
    (b) Duration.--The Secretary shall carry out the pilot program under 
subsection (a) during the two-year period beginning on the date of the 
commencement of the pilot program.
    (c) Collaboration.--The Secretary shall carry out the pilot program 
under subsection (a) in collaboration with--
            (1) intimate partner violence shelters and programs;
            (2) rape crisis centers;
            (3) State intimate partner violence and sexual assault 
        coalitions; and
            (4) such other health care or other service providers that 
        serve intimate partner violence or sexual assault victims as 
        determined by the Secretary, particularly those providing 
        emergency services or housing assistance.

    (d) Authorized Activities.--In carrying out the pilot program under 
subsection (a), the Secretary may conduct the following activities:
            (1) Training for community-based intimate partner violence 
        or sexual assault service providers on--
                    (A) identifying former members of the Armed Forces 
                who have been victims of, or are currently experiencing, 
                intimate partner violence or sexual assault;
                    (B) coordinating with local service providers of the 
                Department; and
                    (C) connecting former members of the Armed Forces 
                with appropriate housing, mental health, medical, and 
                other financial assistance or benefits from the 
                Department.
            (2) Assistance to service providers to ensure access of 
        veterans to intimate partner violence and sexual assault 
        emergency services, particularly in underserved areas, including 
        services for Native American veterans (as defined in section 
        3765 of title 38, United States Code).
            (3) Such other outreach and assistance as the Secretary 
        determines necessary for the provision of assistance under 
        subsection (a).

[[Page 134 STAT. 5042]]

    (e) Intimate Partner Violence and Sexual Assault Outreach 
Coordinators.--
            (1) In general.--In order to effectively assist veterans who 
        have experienced intimate partner violence or sexual assault, 
        the Secretary may establish local coordinators to provide 
        outreach under the pilot program required by subsection (a).
            (2) Local coordinator knowledge.--The Secretary shall ensure 
        that each coordinator established under paragraph (1) is 
        knowledgeable about--
                    (A) the dynamics of intimate partner violence and 
                sexual assault, including safety concerns, legal 
                protections, and the need for the provision of 
                confidential services;
                    (B) the eligibility of veterans for services and 
                benefits from the Department that are relevant to 
                recovery from intimate partner violence and sexual 
                assault, particularly emergency housing assistance, 
                mental health care, other health care, and disability 
                benefits; and
                    (C) local community resources addressing intimate 
                partner violence and sexual assault.
            (3) Local coordinator assistance.--Each coordinator 
        established under paragraph (1) shall assist intimate partner 
        violence shelters and rape crisis centers in providing services 
        to veterans.

    (f) Report.--
            (1) In general.--Not later than 180 days after the 
        completion of the pilot program under subsection (a), the 
        Secretary shall submit to Congress a report on the pilot 
        program.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following:
                    (A) The findings and conclusions of the Secretary 
                with respect to the pilot program.
                    (B) <<NOTE: Recommenda- tions.>>  Such 
                recommendations for continuing or expanding the pilot 
                program as the Secretary considers appropriate.

    (g) Definitions.--In this section:
            (1) Intimate partner.--
                    (A) In general.--The term ``intimate partner'' means 
                a person with whom one has a close personal relationship 
                that may be characterized by the partners' emotional 
                connectedness, regular contact, ongoing physical contact 
                and sexual behavior, identity as a couple, and 
                familiarity and knowledge about each other's lives.
                    (B) Close personal relationships.--In this 
                paragraph, the term ``close personal relationships'' 
                includes the following:
                          (i) A relationship between married spouses.
                          (ii) A relationship between common-law 
                      spouses.
                          (iii) A relationship between civil union 
                      spouses.
                          (iv) A relationship between domestic partners.
                          (v) A relationship between dating partners.
                          (vi) A relationship between ongoing sexual 
                      partners.
            (2) Intimate partner violence.--The term ``intimate partner 
        violence'' includes physical violence, sexual violence, 
        stalking, and psychological aggression, including coercive 
        tactics by a current or former intimate partner.

[[Page 134 STAT. 5043]]

SEC. 5305. <<NOTE: 38 USC 1720D note.>>  STUDY AND TASK FORCE ON 
                          VETERANS EXPERIENCING INTIMATE PARTNER 
                          VIOLENCE OR SEXUAL ASSAULT.

    (a) National Baseline Study.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than one year after the date of the enactment of this Act, 
        the Secretary of Veterans Affairs, in consultation with the 
        Attorney General, shall conduct a national baseline study to 
        examine the scope of the problem of intimate partner violence 
        and sexual assault among veterans and spouses and intimate 
        partners of veterans.
            (2) Matters included.--The study under paragraph (1) shall--
                    (A) <<NOTE: Review.>>  include a literature review 
                of all relevant research on intimate partner violence 
                and sexual assault among veterans and spouses and 
                intimate partners of veterans;
                    (B) examine the prevalence of the experience of 
                intimate partner violence among--
                          (i) women veterans;
                          (ii) veterans who are minority group members 
                      (as defined in section 544 of title 38, United 
                      States Code, and including other minority 
                      populations as the Secretary determines 
                      appropriate);
                          (iii) urban and rural veterans;
                          (iv) veterans who are enrolled in a program 
                      under section 1720G of title 38, United States 
                      Code;
                          (v) veterans who are in intimate relationships 
                      with other veterans; and
                          (vi) veterans who are described in more than 
                      one clause of this subparagraph;
                    (C) examine the prevalence of the perpetration of 
                intimate partner violence by veterans; and
                    (D) <<NOTE: Recommenda- tions.>>  include 
                recommendations to address the findings of the study.
            (3) Report.--Not later than 30 days after the date on which 
        the Secretary completes the study under paragraph (1), the 
        Secretary shall submit to the Committee on Veterans' Affairs of 
        the Senate and the Committee on Veterans' Affairs of the House 
        of Representatives a report on such study.

    (b) Task Force.--
            (1) <<NOTE: Deadline. Consultation. Establishment.>>  In 
        general.--Not later than 90 days after the date on which the 
        Secretary completes the study under subsection (a), the 
        Secretary, in consultation with the Attorney General and the 
        Secretary of Health and Human Services, shall establish a 
        national task force (in this section referred to as the ``Task 
        Force'') to develop a comprehensive national program, including 
        by integrating facilities, services, and benefits of the 
        Department of Veterans Affairs into existing networks of 
        community-based intimate partner violence and sexual assault 
        services, to address intimate partner violence and sexual 
        assault among veterans.
            (2) Leadership.--The Secretary of Veterans Affairs shall 
        lead the Task Force in collaboration with the Attorney General 
        and the Secretary of Health and Human Services.

    (c) Consultation With Stakeholders.--In carrying out this section, 
the Task Force shall consult with--
            (1) representatives from veteran service organizations and 
        military service organizations;

[[Page 134 STAT. 5044]]

            (2) representatives from not fewer than three national 
        organizations or State coalitions with demonstrated expertise in 
        intimate partner violence prevention, response, or advocacy; and
            (3) representatives from not fewer than three national 
        organizations or State coalitions, particularly those 
        representing underserved and ethnic minority communities, with 
        demonstrated expertise in sexual assault prevention, response, 
        or advocacy.

    (d) <<NOTE: Reviews. Recommenda- tions.>>  Duties.--The duties of 
the Task Force shall include the following:
            (1) To review existing services and policies of the 
        Department and develop a comprehensive national program to be 
        carried out by the Secretary of Veterans Affairs, in 
        collaboration with the heads of relevant Federal agencies, to 
        address intimate partner violence and sexual assault prevention, 
        response, and treatment.
            (2) To review the feasibility and advisability of 
        establishing an expedited process to secure emergency, temporary 
        benefits, including housing or other benefits, for veterans who 
        are experiencing intimate partner violence or sexual assault.
            (3) To review and make recommendations regarding the 
        feasibility and advisability of establishing dedicated, 
        temporary housing assistance for veterans experiencing intimate 
        partner violence or sexual assault.
            (4) To identify any requirements regarding intimate partner 
        violence assistance or sexual assault response and services that 
        are not being met by the Department and make recommendations on 
        how the Department can meet such requirements.
            (5) To review and make recommendations regarding the 
        feasibility and advisability of providing direct services or 
        contracting for community-based services for veterans in 
        response to a sexual assault, including through the use of 
        sexual assault nurse examiners, particularly in underserved or 
        remote areas, including services for Native American veterans.
            (6) To review the availability of counseling services 
        provided by the Department and through peer network support, and 
        to provide recommendations for the enhancement of such services, 
        to address--
                    (A) the perpetration of intimate partner violence 
                and sexual assault; and
                    (B) the recovery of veterans, particularly women 
                veterans, from intimate partner violence and sexual 
                assault.
            (7) To review and make recommendations to expand services 
        available for veterans at risk of perpetrating intimate partner 
        violence.

    (e) Report.--Not later than one year after the date of the enactment 
of this Act, and not less frequently than annually thereafter by October 
1 of each year, the Task Force shall submit to the Secretary of Veterans 
Affairs and Congress a report on the activities of the Task Force, 
including any recommendations for legislative or administrative action.
    (f) Nonapplicability of FACA.--The Task Force shall not be subject 
to the requirements of the Federal Advisory Committee Act (5 U.S.C. 
App.).
    (g) Definitions.--In this section:

[[Page 134 STAT. 5045]]

            (1) Native american veteran.--The term ``Native American 
        veteran'' has the meaning given that term in section 3765 of 
        title 38, United States Code.
            (2) State.--The term ``State'' has the meaning given that 
        term in section 101 of title 38, United States Code.

                Subtitle D--Data Collection and Reporting

SEC. 5401. <<NOTE: 38 USC 527 note.>>  REQUIREMENT FOR COLLECTION 
                          AND ANALYSIS OF DATA ON DEPARTMENT OF 
                          VETERANS AFFAIRS BENEFITS AND SERVICES 
                          AND DISAGGREGATION OF SUCH DATA BY 
                          GENDER, RACE, AND ETHNICITY.

    The Secretary of Veterans Affairs shall--
            (1) collect and analyze data on each program of the 
        Department of Veterans Affairs that provides a service or 
        benefit to a veteran, including the program carried out under 
        section 1144 of title 10, United States Code;
            (2) disaggregate such data by gender, race, and ethnicity, 
        when the data lends itself to such disaggregation; and
            (3) <<NOTE: Publication. Determination.>>  publish the data 
        collected and analyzed under paragraph (1), except for such 
        cases in which the Secretary determines that some portions of 
        the data would undermine the anonymity of a veteran.
SEC. 5402. STUDY ON BARRIERS FOR WOMEN VETERANS TO RECEIPT OF 
                          HEALTH CARE FROM DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) Study Required.--The Secretary of Veterans Affairs shall conduct 
a comprehensive study of the barriers to the provision of health care by 
the Department of Veterans Affairs encountered by women who are 
veterans.
    (b) Survey.--In conducting the study required by subsection (a), the 
Secretary shall--
            (1) survey women veterans who seek or receive hospital care 
        or medical services provided by the Department as well as women 
        veterans who do not seek or receive such care or services;
            (2) administer the survey to a representative sample of 
        women veterans from each Veterans Integrated Service Network; 
        and
            (3) ensure that the sample of women veterans surveyed is of 
        sufficient size for the study results to be statistically 
        significant and is a larger sample than that of the study 
        specified in subsection (c)(1).

    (c) Use of Previous Studies.--In conducting the study required by 
subsection (a), the Secretary shall build on the work of the studies of 
the Department titled--
            (1) ``National Survey of Women Veterans in Fiscal Year 2007-
        2008''; and
            (2) ``Study of Barriers for Women Veterans to VA Health Care 
        2015''.

    (d) Elements of Study.--In conducting the study required by 
subsection (a), the Secretary shall conduct research on the effects of 
the following on the women veterans surveyed in the study:

[[Page 134 STAT. 5046]]

            (1) The barriers associated with seeking mental health care 
        services, including with respect to provider availability, 
        telehealth access, and family, work, and school obligations.
            (2) The effect of driving distance or availability of other 
        forms of transportation to the nearest medical facility on 
        access to care.
            (3) The effect of access to care from non-Department 
        providers.
            (4) The availability of child care.
            (5) The satisfaction of such veterans with the provision by 
        the Department of integrated primary care, women's health 
        clinics, or both, including perceptions of quality of care, 
        safety, and comfort.
            (6) The understanding and perceived accessibility among such 
        veterans of eligibility requirements for, and the scope of 
        services available under, hospital care and medical services.
            (7) The perception of such veterans of personal safety and 
        comfort in inpatient, outpatient, and behavioral health 
        facilities.
            (8) The gender sensitivity of health care providers and 
        staff to issues that particularly affect women.
            (9) The effectiveness of outreach for health care services 
        available to women veterans.
            (10) The location and operating hours of health care 
        facilities that provide services to women veterans.
            (11) The perception of such veterans of the motto of the 
        Department.
            (12) Such other significant barriers as the Secretary 
        considers appropriate.

    (e) Discharge by Contract.--The Secretary shall enter into a 
contract with a qualified independent entity or organization to carry 
out the study and research required under this section.
    (f) Mandatory Review of Data by Certain Department Divisions.--
            (1) Review.--
                    (A) In general.--The Secretary shall ensure that the 
                head of each division of the Department of Veterans 
                Affairs specified in paragraph (2) reviews the results 
                of the study conducted under this section.
                    (B) Submittal of findings.--The head of each 
                division specified in paragraph (2) shall submit 
                findings with respect to the study under this section to 
                the Under Secretary of the Department with 
                responsibilities relating to health care services for 
                women veterans.
            (2) Specified divisions.--The divisions of the Department of 
        Veterans Affairs specified in this paragraph are the following:
                    (A) The Office of the Under Secretary for Health.
                    (B) The Office of Women's Health established under 
                section 7310 of title 38, United States Code.
                    (C) The Center for Women Veterans under section 318 
                of such title.
                    (D) The Advisory Committee on Women Veterans 
                established under section 542 of such title.

    (g) Report.--
            (1) In general.--Not later than 30 months after the date of 
        the enactment of this Act, the Secretary shall submit to 
        Congress a report on the study required under this section.

[[Page 134 STAT. 5047]]

            (2) Elements.--The report under paragraph (1) shall 
        include--
                    (A) the findings of the head of each division of the 
                Department specified under subsection (f)(2); and
                    (B) <<NOTE: Recommenda- tions.>>  recommendations 
                for such administrative and legislative action as the 
                Secretary considers appropriate.
SEC. 5403. STUDY ON FEASIBILITY AND ADVISABILITY OF OFFERING 
                          PARENTING STAIR PROGRAM AT ALL MEDICAL 
                          CENTERS OF DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs shall conduct a 
study on the feasibility and advisability of expanding the Parenting 
STAIR program to all medical centers of the Department of Veterans 
Affairs and including such program as part of care for military sexual 
trauma for affected members and former members of the Armed Forces.
    (b) <<NOTE: Assessments.>>  Elements.--In conducting the study under 
subsection (a), the Secretary shall assess--
            (1) staffing needed to offer the Parenting STAIR program at 
        all medical centers of the Department;
            (2) any additional infrastructure or resources (such as 
        child care during the program) needed for the expansion of the 
        program; and
            (3) such other factors relevant to the expansion of the 
        program as the Secretary considers appropriate.

    (c) Reports to Congress.--
            (1) Interim report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report 
        detailing--
                    (A) the current number and locations of all 
                facilities of the Department offering the Parenting 
                STAIR program; and
                    (B) the number of veterans served by such program in 
                the most recent fiscal year or calendar year for which 
                data is available.
            (2) Final report.--Not later than three years after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report 
        detailing--
                    (A) the results of the study conducted under 
                subsection (a);
                    (B) <<NOTE: Update.>>  an update on how many 
                veterans have used the Parenting STAIR program since its 
                development in fiscal year 2017, disaggregated by year, 
                including the locations in which veterans have used such 
                program; and
                    (C) <<NOTE: Determination.>>  a determination on the 
                feasibility and advisability of expanding the Parenting 
                STAIR program to all medical facilities of the 
                Department offering care for military sexual trauma.

    (d) Definitions.--In this section:
            (1) Affected members and former members of the armed 
        forces.--The term ``affected members and former members of the 
        Armed Forces'' means members and former members

[[Page 134 STAT. 5048]]

        of the Armed Forces who are parents and have experienced 
        military sexual trauma.
            (2) Military sexual trauma.--The term ``military sexual 
        trauma'' has the meaning given such term in section 1164(c) of 
        title 38, United States Code, as added by section 5501(a) of 
        this title.
            (3) Parenting stair program.--The term ``Parenting STAIR 
        program'' means the program of the Department of Veterans 
        Affairs that consists of a five-session, parenting-specific 
        treatment protocol based on skills training in affective and 
        interpersonal regulation (commonly referred to as ``STAIR''), 
        which is a cognitive behavioral therapy that has been identified 
        as a promising practice for treating post-traumatic stress 
        disorder, including chronic and complicated forms, among 
        individuals with co-occurring disorders.

                      Subtitle E--Benefits Matters

SEC. 5501. EVALUATION OF SERVICE-CONNECTION OF MENTAL HEALTH 
                          CONDITIONS RELATING TO MILITARY SEXUAL 
                          TRAUMA.

    (a) Specialized Teams to Evaluate Claims Involving Military Sexual 
Trauma.--
            (1) In general.--subchapter VI of chapter 11 of such title 
        is amended by adding at the end the following new section:
``Sec. 1164. <<NOTE: 38 USC 1164.>>  Specialized teams to evaluate 
                  claims involving military sexual trauma

    ``(a) In General.--The Secretary shall establish specialized teams 
to process claims for compensation for a covered mental health condition 
based on military sexual trauma experienced by a veteran during active 
military, naval, or air service.
    ``(b) Training.--The Secretary shall ensure that members of teams 
established under subsection (a) are trained to identify markers 
indicating military sexual trauma.
    ``(c) Definitions.--In this section:
            ``(1) The term `covered mental health condition' means post-
        traumatic stress disorder, anxiety, depression, or other mental 
        health diagnosis described in the current version of the 
        Diagnostic and Statistical Manual of Mental Disorders published 
        by the American Psychiatric Association that the Secretary 
        determines to be related to military sexual trauma.
            ``(2) The term `military sexual trauma' means, with respect 
        to a veteran, a physical assault of a sexual nature, battery of 
        a sexual nature, or sexual harassment during active military, 
        naval, or air service.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 38 USC 1101 prec.>>  is 
        amended by adding at the end the following new item:

``1164. Specialized teams to evaluate claims involving military sexual 
           trauma.''.

    (b) Annual Reports on Claims for Disabilities Incurred or Aggravated 
by Military Sexual Trauma.--
            (1) Reports required.--Not later than March 1, 2021, and not 
        less frequently than once each year thereafter through 2027, the 
        Secretary of Veterans Affairs shall submit to Congress

[[Page 134 STAT. 5049]]

        a report on covered claims submitted during the previous fiscal 
        year to identify and track the consistency of decisions across 
        regional offices of the Department of Veterans Affairs.
            (2) Elements.--Each report under paragraph (1) shall include 
        the following:
                    (A) The number of covered claims submitted to or 
                considered by the Secretary during the fiscal year 
                covered by the report.
                    (B) Of the covered claims listed under subparagraph 
                (A), the number and percentage of such claims--
                          (i) submitted by each sex;
                          (ii) that were approved, including the number 
                      and percentage of such approved claims submitted 
                      by each sex;
                          (iii) that were denied, including the number 
                      and percentage of such denied claims submitted by 
                      each sex; and
                          (iv) that were developed and reviewed by a 
                      specialized team established under section 1164(a) 
                      of title 38, United States Code, as added by 
                      subsection (a).
                    (C) Of the covered claims listed under subparagraph 
                (A) that were approved, the number and percentage, 
                disaggregated by sex, of claims assigned to each rating 
                percentage.
                    (D) Of the covered claims listed under subparagraph 
                (A) that were denied--
                          (i) the three most common reasons given by the 
                      Secretary under section 5104(b)(1) of title 38, 
                      United States Code, for such denials; and
                          (ii) the number of denials that were based on 
                      the failure of a veteran to report for a medical 
                      examination.
                    (E) The number of covered claims that, as of the end 
                of the fiscal year covered by the report, are pending 
                and, separately, the number of such claims on appeal.
                    (F) For the fiscal year covered by the report, the 
                average number of days that covered claims take to 
                complete, beginning on the date on which the claim is 
                submitted.
                    (G) A description of the training that the Secretary 
                provides to employees of the Veterans Benefits 
                Administration, or such contractors or other individuals 
                as the Secretary considers appropriate, specifically 
                with respect to covered claims, including the frequency, 
                length, and content of such training.
                    (H) Whether all covered claims are subject to second 
                level review until the individual rater of the Veterans 
                Benefits Administration adjudicating such covered claims 
                achieves an accuracy rate of 90 percent on decisions of 
                such covered claims.
            (3) Definitions.--In this subsection:
                    (A) Covered claims.--The term ``covered claims'' 
                means claims for disability compensation submitted to 
                the Secretary based on a covered mental health condition 
                alleged to have been incurred or aggravated by military 
                sexual trauma.
                    (B) Covered mental health condition.--The term 
                ``covered mental health condition'' has the meaning 
                given

[[Page 134 STAT. 5050]]

                such term in section 1164(c) of title 38, United States 
                Code.
                    (C) Military sexual trauma.--The term ``military 
                sexual trauma'' has the meaning given such term in such 
                section.
SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                          EXAMINER FOR ASSESSMENT OF CLAIMS FOR 
                          COMPENSATION RELATING TO DISABILITY 
                          RESULTING FROM PHYSICAL ASSAULT OF A 
                          SEXUAL NATURE, BATTERY OF A SEXUAL 
                          NATURE, OR SEXUAL HARASSMENT.

    (a) In General.--Subchapter VI of chapter 11 of title 38, United 
States Code, as amended by section 5501 of this title, is further 
amended by inserting after section 1164, as added by section 5501, the 
following new section:
``Sec. 1165. <<NOTE: 38 USC 1165.>>  Choice of sex of medical 
                  examiner for certain disabilities

    ``(a) In General.--The Secretary shall ensure that a veteran who 
requires a medical examination from a covered medical provider in 
support of a claim for compensation under this chapter for a mental or 
physical health condition that resulted from a physical assault of a 
sexual nature, battery of a sexual nature, or sexual harassment may 
designate the sex of the medical provider who provides such medical 
examination.
    ``(b) Covered Medical Providers.--For purposes of this section, a 
covered medical provider is any medical provider who is employed by the 
Department or is under any contract with the Department to provide a 
medical examination or a medical opinion when such an examination or 
opinion is necessary to make a decision on a claim.
    ``(c) Notice.--Before providing any medical examination for a 
veteran in support for a claim described in subsection (a), the 
Secretary shall notify the veteran of the veteran's rights under 
subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of such title, <<NOTE: 38 USC 1101 prec.>>  as amended by 
section 5501 of this title, is further amended by inserting after the 
item relating to section 1164 the following new item:

``1165. Choice of sex of medical examiner for certain disabilities.''.

SEC. 5503. SECRETARY OF VETERANS AFFAIRS REPORT ON IMPLEMENTING 
                          RECOMMENDATIONS OF INSPECTOR GENERAL OF 
                          DEPARTMENT OF VETERANS AFFAIRS IN 
                          CERTAIN REPORT ON DENIED POSTTRAUMATIC 
                          STRESS DISORDER CLAIMS RELATED TO 
                          MILITARY SEXUAL TRAUMA.

    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 a report on the progress of the Secretary in implementing 
the recommendations from the report of the Inspector General of the 
Department of Veterans Affairs entitled ``Denied Posttraumatic Stress 
Disorder Claims Related to Military Sexual Trauma'' (17-05248-241).

[[Page 134 STAT. 5051]]

  TITLE VI-- <<NOTE: Financial Refuge for Every Elderly Veteran Act of 
2020.>> REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS
SEC. 6001. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This title may be cited as the ``Financial Refuge for Every Elderly 
Veteran Act of 2020'' or the ``FREE Veteran Act of 2020''.
SEC. 6002. <<NOTE: Deadlines. 38 USC 1501 note.>>  PLAN TO ADDRESS 
                          THE FINANCIAL EXPLOITATION OF VETERANS 
                          RECEIVING PENSION FROM THE DEPARTMENT OF 
                          VETERANS AFFAIRS.

    (a) Development of Method for Solicitation and Collection of 
Information.--Not later than one year after the date of the enactment of 
this Act, the Secretary of Veterans Affairs shall develop a method for 
systematically soliciting and collecting information on complaints 
received, referrals made, and actions taken by the pension management 
centers of the Department of Veterans Affairs and any other relevant 
components of the Department, in cases of potential financial 
exploitation of individuals receiving pension under chapter 15 of title 
38, United States Code.
    (b) Plan To Assess and Address Financial Exploitation of Veterans.--
            (1) In general.--The Secretary shall develop and 
        periodically update a plan--
                    (A) to regularly assess the information solicited 
                and collected under subsection (a) to identify trends of 
                potential financial exploitation of the individuals 
                described in subsection (a) across the Department; and
                    (B) to outline actions that the Department can take 
                to improve education and training to address those 
                trends.
            (2) Submission of plan.--Not later than one year after the 
        date of the enactment of this Act and not less frequently than 
        once every two years thereafter until the date that is six years 
        after the date of the enactment of this Act, the Secretary shall 
        submit the plan most recently developed or updated under 
        paragraph (1) to--
                    (A) the Comptroller General of the United States; 
                and
                    (B) the Committee on Veterans' Affairs and the 
                Special Committee on Aging of the Senate and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
SEC. 6003. <<NOTE: 38 USC 5101 note.>>  OVERPAYMENTS OF PENSION TO 
                          VETERANS RECEIVING PENSION FROM THE 
                          DEPARTMENT OF VETERANS AFFAIRS.

    (a) <<NOTE: Time period. Updates.>>  Guidance and Training for 
Claims Processors.--As the Secretary of Veterans Affairs considers 
necessary, but not less frequently than once every three years until the 
date that is 10 years after the date of the enactment of this Act, the 
Under Secretary for Benefits of the Department of Veterans Affairs shall 
update guidance and training curriculum for the processors of claims for 
pension under chapter 15 of title 38, United States Code, regarding the 
evaluation of questionable medical expenses on applications for pension, 
including by updating such guidance with respect to what constitutes a 
questionable medical expense and by including examples of such expenses.

[[Page 134 STAT. 5052]]

    (b) Identification and Tracking.--The Under Secretary shall develop 
a method for identifying and tracking the number of individuals who have 
received overpayments of pension under chapter 15 of title 38, United 
States Code.
    (c) <<NOTE: Time periods.>>  Annual Report.--Not later than one year 
after the date of the enactment of this Act and not later than October 
31 of each fiscal year beginning thereafter until the date that is four 
years after the date of the enactment of this Act, the Under Secretary 
shall submit to Congress a report that includes, for the period covered 
by the report, the following:
            (1) The number of individuals who received overpayments of 
        pension under chapter 15 of title 38, United States Code.
            (2) The five most common reasons for overpayments described 
        in paragraph (1).
            (3) The number of veterans who had to repay overpayments 
        described in paragraph (1).
            (4) The number of veterans for whom the Secretary waived a 
        requirement to repay an overpayment described in paragraph (1).
            (5) The total dollar amount of overpayments described in 
        paragraph (1).
            (6) The total dollar amount of repayments of veterans for 
        overpayments described in paragraph (1).
            (7) The average dollar amount of repayments described in 
        paragraph (6).
SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS FOR VERIFYING DIRECT 
                          DEPOSIT INFORMATION PROVIDED BY VETERANS 
                          ON APPLICATIONS FOR VETERANS PENSION.

    (a) In General.--The Under Secretary for Benefits of the Department 
of Veterans Affairs shall--
            (1) conduct an evaluation of the feasibility and 
        advisability of requiring the processors of claims for pension 
        under chapter 15 of title 38, United States Code, to take 
        additional actions to verify that the direct deposit information 
        provided by an individual on an application for pension is for 
        the appropriate recipient; and
            (2) identify such legislative or administrative actions as 
        the Under Secretary considers appropriate to ensure that 
        payments of pension are provided to the correct recipients.

    (b) Submission to Congress.--
            (1) <<NOTE: Reports.>>  In general.--Not later than 240 days 
        after the date of the enactment of this Act, the Under Secretary 
        shall submit to Congress a report on the evaluation and 
        identification under subsection (a).
            (2) Contents.--The report required by paragraph (1) shall 
        include the following:
                    (A) The findings of the Under Secretary with respect 
                to the evaluation conducted under subsection (a)(1).
                    (B) The actions identified under subsection (a)(2).
                    (C) <<NOTE: Implementation plan.>>  A plan for 
                implementing any administrative actions identified under 
                subsection (a)(2).
                    (D) A rationale for not implementing any actions 
                evaluated under paragraph (1) of subsection (a) but not 
                identified under paragraph (2) of such subsection.

[[Page 134 STAT. 5053]]

SEC. 6005. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VETERANS 
                          AFFAIRS TO ADDRESS THE FINANCIAL 
                          EXPLOITATION OF VETERANS RECEIVING 
                          PENSION.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act and not less frequently than once each year 
thereafter until the date that is four years after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit to 
the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report on efforts to 
address the financial exploitation of individuals receiving pension 
under chapter 15 of title 38, United States Code.
    (b) Contents.--Each report required by subsection (a) shall include, 
for the period covered by the report, the following:
            (1) The number of individuals who received pension under 
        chapter 15 of title 38, United States Code, who have been 
        referred by any component of the Department of Veterans Affairs 
        to the Office of Inspector General of the Department as likely 
        or proven victims of financial exploitation.
            (2) The number of referrals and reports relating to the 
        financial exploitation of such individuals made by the 
        Department of Veterans Affairs to--
                    (A) the Consumer Sentinel Network of the Federal 
                Trade Commission; and
                    (B) the Department of Justice.
            (3) A description of the actions taken as a result of such 
        referrals and reports against--
                    (A) individuals recognized by the Secretary as 
                agents or attorneys under section 5904 of title 38, 
                United States Code; and
                    (B) individuals not so recognized.
SEC. 6006. <<NOTE: 38 USC 1501 note.>>  NOTICE REGARDING FEES 
                          CHARGED IN CONNECTION WITH FILING AN 
                          APPLICATION FOR VETERANS PENSION.

    The Under Secretary for Benefits of the Department of Veterans 
Affairs shall ensure that every paper or electronic document relating to 
the receipt of pension under chapter 15 of title 38, United States Code, 
that is available to individuals who apply for such pension, including 
educational forms about or applications for such pension, includes a 
notice that the Department does not charge any fee in connection with 
the filing of an application for such pension.
SEC. 6007. OUTREACH PLAN FOR EDUCATING VULNERABLE VETERANS ABOUT 
                          POTENTIAL FINANCIAL EXPLOITATION 
                          RELATING TO THE RECEIPT OF PENSION.

    (a) Development of Plan.--The Under Secretary for Benefits of the 
Department of Veterans Affairs shall develop, in collaboration with 
veterans service organizations, an outreach plan for educating 
vulnerable individuals about potential financial exploitation relating 
to the receipt of pension under chapter 15 of title 38, United States 
Code.
    (b) <<NOTE: Deadline.>>  Submission to Congress.--Not later than 180 
days after the date of the enactment of this Act, the Under Secretary 
shall submit to the Committee on Veterans' Affairs and the Special 
Committee on Aging of the Senate and the Committee on Veterans'

[[Page 134 STAT. 5054]]

Affairs of the House of Representatives the plan developed under 
subsection (a).

    (c) Veterans Service Organization Defined.--In this section, the 
term ``veterans service organization'' means an organization recognized 
by the Secretary of Veterans Affairs for the representation of veterans 
under section 5902 of title 38, United States Code.

                        TITLE VII--OTHER MATTERS

              Subtitle A--Administrative and Other Matters

SEC. 7001. MEDICAL EXAMINATION PROTOCOL FOR VOLUNTEER DRIVERS 
                          PARTICIPATING IN PROGRAM OF 
                          TRANSPORTATION SERVICES FOR VETERANS.

    Section 111A(b) of title 38, United States Code, is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraph:

    ``(2)(A) <<NOTE: Deadline.>>  Not later than 90 days after the date 
of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans 
Health Care and Benefits Improvement Act of 2020, the Secretary shall 
develop and establish a national protocol for the administration of 
medical examinations for volunteer drivers to participate in the program 
described in paragraph (1).

    ``(B) <<NOTE: Consultation. Determination.>>  In developing the 
protocol required by subparagraph (A), the Secretary shall consult with 
such persons as the Secretary determines have an interest in the program 
described in paragraph (1).

    ``(C)(i) <<NOTE: Time period.>>  The Secretary shall implement the 
protocol by first conducting a one-year pilot program using the 
protocol.

    ``(ii) <<NOTE: Assessment.>>  After conducting the pilot program 
required by clause (i), the Secretary shall assess the pilot program and 
make such changes to the protocol as the Secretary considers 
appropriate.

    ``(iii) After making changes to the protocol under clause (ii), the 
Secretary shall implement the protocol in phases during the course of 
one year.''.
SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON 
                          TRIBAL AND INDIAN AFFAIRS.

    (a) Establishment of Advisory Committee.--
            (1) In general.--Subchapter III of chapter 5 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 547. <<NOTE: 38 USC 547.>>  Advisory Committee on Tribal 
                and Indian Affairs

    ``(a) Establishment.--(1) The Secretary shall establish an advisory 
committee to provide advice and guidance to the Secretary on matters 
relating to Indian tribes, tribal organizations, and Native American 
veterans.
    ``(2) The advisory committee established under paragraph (1) shall 
be known as the `Advisory Committee on Tribal and Indian Affairs' (in 
this section referred to as the `Committee').
    ``(3) The Committee shall facilitate, but not supplant, government-
to-government consultation between the Department and Indian tribes or 
tribal organizations.

[[Page 134 STAT. 5055]]

    ``(4) <<NOTE: Consultation.>>  The Secretary shall consult with 
Indian tribes or tribal organizations in developing a charter for the 
Committee.

    ``(b) Membership.--(1) The Committee shall be comprised of 15 voting 
members selected by the Secretary from among individuals nominated as 
specified under this subsection.
    ``(2) In selecting members under paragraph (1), the Secretary shall 
ensure that--
            ``(A) at least one member of each of the 12 service areas of 
        the Indian Health Service is represented in the membership of 
        the Committee nominated by Indian tribes or tribal 
        organizations;
            ``(B) at least one member of the Committee represents the 
        Native Hawaiian veteran community nominated by a Native Hawaiian 
        Organization;
            ``(C) at least one member of the Committee represents urban 
        Indian organizations nominated by a national urban Indian 
        organization; and
            ``(D) <<NOTE: Determination.>>  not fewer than half of the 
        members are veterans, unless the Secretary determines that an 
        insufficient number of qualified veterans were nominated under 
        paragraph (1).

    ``(3) No member of the Committee may be an employee of the Federal 
Government.
    ``(c) Terms; Vacancies.--(1) A member of the Committee shall be 
appointed for a term of two years.
    ``(2) <<NOTE: Deadline.>>  The Secretary shall fill a vacancy in the 
Committee in the same manner as the original appointment within 180 
days.

    ``(d) Meetings.--(1)(A) Except as provided in subparagraph (B), the 
Committee shall meet in-person with the Secretary, or the Secretary's 
designee, not less frequently than twice each year and hold monthly 
conference calls as necessary.
    ``(B) During a public health emergency (as defined in section 20003 
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 
116-136)), meetings under subparagraph (A) may be conducted virtually.
    ``(2)(A) Representatives of relevant Federal agencies may attend 
meetings of the Committee and provide information to the Committee.
    ``(B) One representative of the Office of Tribal Government 
Relations of the Department shall attend at each meeting of the 
Committee.
    ``(C) Representatives attending meetings under this paragraph shall 
not be considered voting members of the Committee.
    ``(D) A representative attending a meeting or providing information 
under this paragraph may not receive additional compensation for 
services performed with respect to the Committee.
    ``(e) Subcommittees.--(1) The Committee may establish subcommittees.
    ``(2) <<NOTE: Consultation.>>  The Secretary may, in consultation 
with the Committee, appoint a member to a subcommittee established under 
paragraph (1) who is not a member of the Committee.

    ``(3) Such subcommittees may enhance the function of the Committee, 
but may not supersede the authority of the Committee or provide direct 
advice or work products to the Department.
    ``(f) Duties.--The duties of the Committee are as follows:
            ``(1) To advise the Secretary on ways the Department can 
        improve the programs and services of the Department to better 
        serve Native American veterans.

[[Page 134 STAT. 5056]]

            ``(2) To identify for the Department evolving issues of 
        relevance to Indian tribes, tribal organizations, and Native 
        American veterans relating to programs and services of the 
        Department.
            ``(3) <<NOTE: Recommenda- tions.>>  To propose 
        clarifications, recommendations, and solutions to address issues 
        raised at tribal, regional, and national levels, especially 
        regarding any tribal consultation reports.
            ``(4) To provide a forum for Indian tribes, tribal 
        organizations, urban Indian organizations, Native Hawaiian 
        organizations, and the Department to discuss issues and 
        proposals for changes to Department regulations, policies, and 
        procedures.
            ``(5) To identify priorities and provide advice on 
        appropriate strategies for tribal consultation and urban Indian 
        organizations conferring on issues at the tribal, regional, or 
        national levels.
            ``(6) To ensure that pertinent issues are brought to the 
        attention of Indian tribes, tribal organizations, urban Indian 
        organizations, and Native Hawaiian organizations in a timely 
        manner, so that feedback can be obtained.
            ``(7) To encourage the Secretary to work with other Federal 
        agencies and Congress so that Native American veterans are not 
        denied the full benefit of their status as both Native Americans 
        and veterans.
            ``(8) To highlight contributions of Native American veterans 
        in the Armed Forces.
            ``(9) <<NOTE: Recommenda- tions.>>  To make recommendations 
        on the consultation policy of the Department on tribal matters.
            ``(10) To support a process to develop an urban Indian 
        organization confer policy to ensure the Secretary confers, to 
        the maximum extent practicable, with urban Indian organizations.
            ``(11) To conduct other duties as recommended by the 
        Committee.

    ``(g) <<NOTE: Recommenda- tions.>>  Reports.--(1) Not less 
frequently than once each year, the Committee shall submit to the 
Secretary and the appropriate committees of Congress such 
recommendations as the Committee may have for legislative or 
administrative action for the upcoming year.

    ``(2) <<NOTE: Deadline.>>  Not later than 90 days after the date on 
which the Secretary receives a recommendation under paragraph (1), the 
Secretary shall submit to the appropriate committees of Congress a 
written response to the recommendation.

    ``(3) Not less frequently than once every two years, the Committee 
shall submit to the Secretary and the appropriate committees of Congress 
a report describing the activities of the Committee during the previous 
two years.
    ``(4) <<NOTE: Public information. Web posting.>>  The Secretary 
shall make publicly available on an Internet website of the Department--
            ``(A) each recommendation the Secretary receives under 
        paragraph (1);
            ``(B) each response the Secretary submits under paragraph 
        (2); and
            ``(C) each report the Secretary receives under paragraph 
        (3).

    ``(h) Committee Personnel Matters.--A member of the Committee shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for an employee of an agency

[[Page 134 STAT. 5057]]

under subchapter I of chapter 57 of title 5 while away from the home or 
regular place of business of the member in the performance of the duties 
of the Committee.
    ``(i) Federal Advisory Committee Act Exemption.--Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Committee.
    ``(j) Definitions.--In this section:
            ``(1) The term `appropriate committees of Congress' means--
                    ``(A) the Committee on Veterans' Affairs and the 
                Committee on Indian Affairs of the Senate; and
                    ``(B) the Committee on Veterans' Affairs and the 
                Committee on Natural Resources of the House of 
                Representatives.
            ``(2) The term `Indian tribe' has the meaning given such 
        term in section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304).
            ``(3) The term `Native Hawaiian organization' means any 
        organization that--
                    ``(A) serves the interests of Native Hawaiians;
                    ``(B) has Native Hawaiians in substantive and 
                policymaking positions within the organization;
                    ``(C) has demonstrated experience working with 
                Native Hawaiian veterans; and
                    ``(D) shall include the Office of Hawaiian Affairs.
            ``(4) The term `Native American veteran' has the meaning 
        given such term in section 3765 of this title.
            ``(5) The term `Office of Hawaiian Affairs' means the Office 
        of Hawaiian Affairs established by the constitution of the State 
        of Hawaii.''.
            ``(6) The term `tribal organization' has the meaning given 
        such term in section 3765 of this title.
            ``(7) The term `urban Indian organization' has the meaning 
        given such term in section 4 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1603).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 5 of such title <<NOTE: 38 USC 501 prec.>>  
        is amended by inserting after the item relating to section 546 
        the following new item:

``547. Advisory Committee on Tribal and Indian Affairs.''.

    (b) <<NOTE: 38 USC 547 note.>>  Deadline for Establishment.--The 
Secretary of Veterans Affairs shall establish the advisory committee 
required by section 547 of title 38, United States Code, as added by 
subsection (a)(1), not later than 180 days after the date of the 
enactment of this Act.

    (c) Deadline for Initial Appointments.--Not later than 90 days after 
the date on which the Secretary establishes the advisory committee 
required by such section, the Secretary shall appoint members under 
subsection (b)(1) of such section.
    (d) <<NOTE: Deadline.>>  Initial Meeting.--Not later than 90 days 
after the date on which the Secretary establishes the advisory committee 
required by such section, such advisory committee shall hold its first 
meeting.

    (e) Report on Relation to Office of Tribal and Government 
Relations.--
            (1) In general.--Not later than two years after the date of 
        the first meeting held by the advisory committee required by 
        such section, the Secretary shall submit to Congress a report on 
        whether and to what extent the activities of the advisory

[[Page 134 STAT. 5058]]

        committee improve the function of the Office of Tribal and 
        Government Relations of the Department of Veterans Affairs, aid 
        the decisions of the Secretary, and whether and to what extent 
        the activities of the advisory committee duplicate function of 
        the Department performed before the enactment of this Act.
            (2) Review by advisory committee.--The Secretary shall--
                    (A) give the advisory committee an opportunity to 
                review the report required by paragraph (1) before 
                submitting the report under such paragraph; and
                    (B) include in the report submitted under such 
                paragraph such comments as the advisory committee 
                considers appropriate regarding the views of the 
                advisory committee with respect to the report.
SEC. 7003. PREFERENCE FOR OFFERORS EMPLOYING VETERANS.

    (a) In General.--Subchapter II of chapter 81 of title 38, United 
States Code, is amended by adding after section 8128 the following new 
section:
``Sec. 8129. <<NOTE: 38 USC 8129.>>  Preference for offerors 
                  employing veterans

    ``(a) Preference.--(1) In awarding a contract for the procurement of 
goods or services, the Secretary may give a preference to offerors that 
employ veterans on a full-time basis.
    ``(2) <<NOTE: Determination.>>  The Secretary shall determine such 
preference based on the percentage of the full-time employees of the 
offeror who are veterans.

    ``(b) <<NOTE: Time period.>>  Enforcement Penalties for 
Misrepresentation.--(1) Any offeror that is determined by the Secretary 
to have willfully and intentionally misrepresented the veteran status of 
the employees of the offeror for purposes of subsection (a) may be 
debarred from contracting with the Department for a period of not less 
than five years.

    ``(2) <<NOTE: Deadlines.>>  If the Secretary carries out a debarment 
under paragraph (1), the Secretary shall--
            ``(A) commence debarment action against the offeror by not 
        later than 30 days after determining that the offeror willfully 
        and intentionally misrepresented the veteran status of the 
        employees of the offeror as described in paragraph (1); and
            ``(B) complete debarment actions against such offeror by not 
        later than 90 days after such determination.

    ``(3) The debarment of an offeror under paragraph (1) includes the 
debarment of all principals in the offeror for a period of not less than 
five years.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 of such title <<NOTE: 38 USC 8101 prec.>>  is amended by 
inserting after the item relating to section 8128 the following new 
item:

``8129. Preference for offerors employing veterans.''.

SEC. 7004. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT RIGHTS 
                          TO MEMBERS OF THE NATIONAL GUARD WHO 
                          PERFORM STATE ACTIVE DUTY.

    Section 4303 of title 38, United States Code, is amended--
            (1) in paragraph (13), by inserting ``State active duty for 
        a period of 14 days or more, State active duty in response

[[Page 134 STAT. 5059]]

        to a national emergency declared by the President under the 
        National Emergencies Act (50 U.S.C. 1601 et seq.), State active 
        duty in response to a major disaster declared by the President 
        under section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170),'' after ``full-time 
        National Guard duty,'';
            (2) by redesignating paragraph (15) as paragraph (16); and
            (3) by inserting after paragraph (14) the following new 
        paragraph (15):
            ``(15) <<NOTE: Definition.>>  The term `State active duty' 
        means training or other duty, other than inactive duty, 
        performed by a member of the National Guard of a State--
                    ``(A) not under section 502 of title 32 or under 
                title 10;
                    ``(B) in service to the Governor of a State; and
                    ``(C) for which the member is not entitled to pay 
                from the Federal Government.''.
SEC. 7005. REPAYMENT OF MISUSED BENEFITS.

    (a) In General.--Section 6107(b) of title 38, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``In any case in which a 
        fiduciary described in paragraph (2)'' and inserting ``In any 
        case not covered by subsection (a) in which a fiduciary'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).

    (b) <<NOTE: 38 USC 6107 note.>>  Application.--The amendments made 
by subsection (a) shall apply with respect to any determination by the 
Secretary of Veterans Affairs made on or after the date of the enactment 
of this Act regarding the misuse of benefits by a fiduciary.
SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS.

    Section 7364(b)(1) of title 38, United States Code, is amended by 
adding at the end the following new sentence: ``Any amounts so 
transferred after September 30, 2016, shall be available without regard 
to fiscal year limitations, notwithstanding section 1535(d) of title 
31.''.
SEC. 7007. REPORT AND PLANNED ACTIONS OF THE SECRETARY OF VETERANS 
                          AFFAIRS TO ADDRESS CERTAIN HIGH-RISK 
                          AREAS OF THE DEPARTMENT OF VETERANS 
                          AFFAIRS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs, in 
consultation with the Comptroller General of the United States, shall 
submit to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report outlining the plan the Secretary has developed 
and the actions the Secretary has taken to address the areas of concern 
identified by the Comptroller General for the Department of Veterans 
Affairs in the 2019 High-Risk List of the Government Accountability 
Office (GAO-19-157SP) regarding--
            (1) acquisition management; and
            (2) managing risks and improving health care.

    (b) Elements.--The report under subsection (a) shall include each of 
the following:
            (1) Root causes of the areas of concern described in 
        paragraphs (1) and (2) of subsection (a).

[[Page 134 STAT. 5060]]

            (2) Corrective actions and specific steps to address each 
        root cause, including--
                    (A) the progress of the Secretary in implementing 
                those actions and steps; and
                    (B) <<NOTE: Timelines. Determination.>>  timelines 
                and milestones the Secretary determines feasible to 
                complete each corrective action.
            (3) <<NOTE: Determination.>>  Resources the Secretary 
        determines are necessary to implement corrective actions, 
        including--
                    (A) funding;
                    (B) stakeholders;
                    (C) technology; and
                    (D) senior officials responsible for implementing 
                the corrective actions and reporting results.
            (4) Metrics for assessing progress in addressing the areas 
        of concern described in paragraphs (1) and (2) of subsection 
        (a).
            (5) Key outcomes that demonstrate progress in addressing the 
        areas of concern described in paragraphs (1) and (2) of 
        subsection (a).
            (6) Obstacles to implementation of the plan that the 
        Secretary identifies.
            (7) <<NOTE: Recommenda- tions. Determination.>>  
        Recommendations of the Secretary regarding legislation or 
        funding the Secretary determines necessary to implement the 
        plan.
            (8) <<NOTE: Determination.>>  Any other information the 
        Secretary determines is relevant to understanding the progress 
        of the Department toward the removal of the areas of concern 
        from the High Risk List.

    (c) Annual Updates.--
            (1) Update required.--Not less than once each year during 
        the implementation period under paragraph (2), the Secretary 
        shall submit to Congress an update regarding implementation of 
        each element of the plan under subsection (b).
            (2) Implementation period.--The implementation period 
        described in this paragraph begins on the date on which the 
        Secretary submits the report required under subsection (a) and 
        ends on the earlier of the following dates:
                    (A) The date on which the Comptroller General 
                removes the last area of concern for the Department from 
                the most recent High-Risk List of the Government 
                Accountability Office.
                    (B) The date that is 8 years after the date on which 
                the Secretary submits the plan required under subsection 
                (a).
SEC. 7008. ANNUAL REPORT BY SECRETARY OF VETERANS AFFAIRS ON 
                          IMPLEMENTATION OF PRIORITY 
                          RECOMMENDATIONS OF COMPTROLLER GENERAL 
                          OF THE UNITED STATES PERTAINING TO 
                          DEPARTMENT OF VETERANS AFFAIRS.

    (a) <<NOTE: Time period.>>  Annual Report Required.--Not later than 
270 days after the date of the enactment of this Act, and not less than 
once during each of the subsequent 3 years, the Secretary of Veterans 
Affairs shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives and to the Comptroller General of 
the United States a report on the implementation of priority 
recommendations of the Comptroller General that pertain to the 
Department of Veterans Affairs.

[[Page 134 STAT. 5061]]

    (b) Contents.--Each report submitted under subsection (a) shall 
include, for the period covered by the report, the following:
            (1) The progress of the Secretary in implementing all open 
        priority recommendations of the Comptroller General for the 
        Department of Veterans Affairs.
            (2) An explanation for each instance where the Secretary has 
        decided not to implement, or has not fully implemented, an open 
        priority recommendation of the Comptroller General for the 
        Department.
            (3) <<NOTE: Summary.>>  A summary of the corrective actions 
        taken and remaining steps the Secretary plans to take to 
        implement open priority recommendations of the Comptroller 
        General.

    (c) Supplement Not Supplant Certain Required Reports or Written 
Statements.--The report under this section shall not be construed to 
supplant any report or written statement required under section 720 of 
title 31, United States Code.
SEC. 7009. CLARIFICATION OF METHODS USED TO MONITOR COMPLIANCE 
                          WITH CERTAIN LIMITATIONS ON 
                          SUBCONTRACTING.

    Section 8127(k)(3)(A) of title 38, United States Code, is amended by 
striking ``and any other'' and inserting ``or any other''.
SEC. 7010. <<NOTE: Deadline. 38 USC 515 note.>>  DEPARTMENT OF 
                          VETERANS AFFAIRS REQUIREMENT TO PROVIDE 
                          CERTAIN NOTICE TO PERSONS FILING CLAIMS 
                          FOR DAMAGE, INJURY, OR DEATH ON STANDARD 
                          FORM 95.

    Not later than 90 days after the date on which a person submits to 
the Secretary of Veterans Affairs a claim for damage, injury, or death 
on Standard Form 95, or any successor form, the Secretary shall provide 
to such person notice of each of the following:
            (1) The benefit of obtaining legal advice concerning such 
        claim.
            (2) The employment status of any individual listed on the 
        form.
            (3) If the claim involves a contractor that entered into an 
        agreement with the Secretary, the importance of obtaining legal 
        advice as to the statute of limitations regarding the claim in 
        the State in which the claim arose.

     Subtitle B--Matters Relating to the Chief Financial Officer of 
                     Department of Veterans Affairs

SEC. 7101. <<NOTE: 38 USC 309 note.>>  DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committees on 
        Veterans' Affairs of the Senate and the House of Representatives 
        and the Committees on Appropriations of the Senate and the House 
        of Representatives.
            (2) Subordinate chief financial officer.--The term 
        ``subordinate chief financial officer''--
                    (A) includes--

[[Page 134 STAT. 5062]]

                          (i) the chief financial officer of the 
                      Veterans Health Administration, the chief 
                      financial officer of the Office of Community Care 
                      within the Veterans Health Administration, and all 
                      chief financial officers of Veterans Integrated 
                      Service Networks within the Veterans Health 
                      Administration;
                          (ii) the chief financial officer of the 
                      Veterans Benefits Administration and all chief 
                      financial officers of organizational subdivisions 
                      representing business lines within the Veterans 
                      Benefits Administration;
                          (iii) the chief financial officer of the 
                      National Cemetery Administration; and
                          (iv) the chief financial officer of the Office 
                      of Information and Technology; and
                    (B) does not include the Inspector General.
SEC. 7102. <<NOTE: Deadlines. Time period.>>  PLANS FOR ADDRESSING 
                          MATERIAL WEAKNESSES AND PROVIDING 
                          SUFFICIENT AUTHORITY TO CHIEF FINANCIAL 
                          OFFICER OF DEPARTMENT OF VETERANS 
                          AFFAIRS.

    Not later than 180 days after the date of the enactment of this Act, 
and annually thereafter for each of the three subsequent years, the 
Secretary of Veterans Affairs, acting through the Chief Financial 
Officer of the Department of Veterans Affairs, shall submit to the 
appropriate congressional committees--
            (1) an action plan, including steps, related timelines, 
        costs, progress, status of implementation, and any updates for 
        fully addressing the material weaknesses of the Department 
        discussed in the Management's Discussion and Analysis section of 
        the financial statements of the Department submitted to Congress 
        under section 3515 of title 31, United States Code for the year 
        preceding the year during which the report is submitted; and
            (2) a plan outlining the steps the Secretary plans to take 
        to address the recommendations of auditors related to entity-
        level internal controls and to provide sufficient authority to 
        the Chief Financial Officer of the Department to carry out the 
        requirements of section 902 of title 31, United States Code.
SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION.

    Concurrent with the submittal to Congress of the President's budget 
request under section 1105 of title 31, United States Code, for fiscal 
year 2022 and each of the next three subsequent fiscal years, the Chief 
Financial Officer of the Department of Veterans affairs shall submit to 
the appropriate congressional committees each of the following:
            (1) <<NOTE: Certification.>>  A certification of the 
        responsibility of the Chief Financial Officer for internal 
        financial controls of the Department.
            (2) <<NOTE: Attestation.>>  An attestation that the Chief 
        Financial Officer has collaborated sufficiently with the 
        subordinate chief financial officers of the Department to be 
        confident in the financial projections included the budget 
        request and supporting materials.
SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR SUBORDINATE 
                          CHIEF FINANCIAL OFFICERS.

    (a) In General.--In accordance with the responsibilities of the 
Chief Financial Officer of the Department of Veterans Affairs for the 
recruitment, selection, and training of personnel to carry

[[Page 134 STAT. 5063]]

out agency financial management functions pursuant to section 
902(a)(5)(C) of title 31, United States Code, the Chief Financial 
Officer or the designee of the Chief Financial Officer within the Office 
of Management of the Department shall--
            (1) participate in the interview and selection panels of all 
        subordinate chief financial officers; and
            (2) give input into the performance plans and performance 
        evaluations of all subordinate chief financial officers.

    (b) Termination.--The requirements under subsection (a) shall 
terminate on the date that is five years after the date of the enactment 
of this Act.

                 Subtitle C--Servicemembers Civil Relief

SEC. 7201. CLARIFICATION OF DELIVERY OF NOTICE OF TERMINATION OF 
                          LEASES OF PREMISES AND MOTOR VEHICLES 
                          FOR PURPOSES OF RELIEF UNDER 
                          SERVICEMEMBERS CIVIL RELIEF ACT.

    (a) In General.--Section 305(c)(2) of the Servicemembers Civil 
Relief Act (50 U.S.C. 3955(c)(2)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) by electronic means, including--
                          ``(i) the direct delivery of material to an 
                      electronic address designated by the lessor (or 
                      the lessor's grantee) or the lessor's agent (or 
                      the agent's grantee);
                          ``(ii) the posting of material to a website or 
                      other internet or electronic-based information 
                      repository to which access has been granted to the 
                      lessee, the lessor (or the lessor's grantee), or 
                      the lessor's agent (or the agent's grantee); and
                          ``(iii) other electronic means reasonably 
                      calculated to ensure actual receipt of the 
                      material by the lessor (or the lessor's grantee) 
                      or the lessor's agent (or the agent's grantee).''.

    (b) <<NOTE: 50 USC 3955 note.>>  Effective Date.--The amendments 
made by subsection (a) shall apply to delivery of notice of lease 
terminations on or after the date the enactment of this Act.
SEC. 7202. TECHNICAL CORRECTION REGARDING EXTENSION OF LEASE 
                          PROTECTIONS FOR SERVICEMEMBERS UNDER 
                          STOP MOVEMENT ORDERS IN RESPONSE TO 
                          LOCAL, NATIONAL, OR GLOBAL EMERGENCY.

    (a) In General.--Section 305(b) of the Servicemembers Civil Relief 
Act (50 U.S.C. 3955(b)), as amended by Public Law 116-158, is further 
amended--
            (1) in paragraph (1)(C)(ii), <<NOTE: Ante, p. 706.>>  by 
        striking ``Secretary of Defense'' and inserting ``Secretary 
        concerned''; and
            (2) in paragraph (2)(C)(ii), <<NOTE: Ante, p. 707.>>  by 
        striking ``Secretary of Defense'' and inserting ``Secretary 
        concerned''.

[[Page 134 STAT. 5064]]

    (b) <<NOTE: 50 USC 3955 note.>>  Retroactive Application.--The 
amendments made by this section shall apply to stop movement orders 
issued on or after March 1, 2020.

    Approved January 5, 2021.

LEGISLATIVE HISTORY--H.R. 7105:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Sept. 23, considered and passed House.
            Dec. 9, considered and passed Senate, amended.
            Dec. 16, House concurred in Senate amendment.

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