H.R. 7105 — Act on homeless veterans and retraining assistance for unemployed veterans (2020)
Summary
H.R. 7105 is an Act of the One Hundred Sixteenth Congress of the United States of America, second session. Its stated purpose is to provide flexibility for the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency, to direct the Secretary of Veterans Affairs to carry out a retraining assistance program for unemployed veterans, and for other purposes. The table of contents begins with Title I, Education, including a section on improvements to the Edith Nourse Rogers STEM Scholarship program of the Department of Veterans Affairs. A retroactive application provision states that the amendments made by that section apply to stop movement orders issued on or after March 1, 2020.
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H. R. 7105
One Hundred Sixteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To provide flexibility for the Secretary of Veterans Affairs in caring for homeless
veterans during a covered public health emergency, to direct the Secretary of
Veterans Affairs to carry out a retraining assistance program for unemployed
veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Johnny Isakson
and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Determination of budgetary effects.
TITLE I—EDUCATION
Subtitle A—Education Generally
Sec. 1001. Improvements to Edith Nourse Rogers STEM Scholarship program of
Department of Veterans Affairs.
Sec. 1002. Expansion of eligibility for Fry Scholarship to children and spouses of
certain deceased members of the Armed Forces.
Sec. 1003. Period for election to receive benefits under All-Volunteer Educational
Assistance Program of Department of Veterans Affairs.
Sec. 1004. Phase out of All-Volunteer Educational Assistance Program.
Sec. 1005. Requirements for in-State tuition.
Sec. 1006. Expansion of authority for certain qualifying work-study activities for
purposes of the educational assistance programs of the Department of
Veterans Affairs to include outreach services provided through congres-
sional offices.
Sec. 1007. Restoration of entitlement to rehabilitation programs for veterans af-
fected by school closure or disapproval.
Sec. 1008. Technical correction to clarify eligibility for participation in Yellow Rib-
bon Program of Department of Veterans Affairs.
Sec. 1009. Clarification of educational assistance for individuals who pursue an ap-
proved program of education leading to a degree while on active duty.
Sec. 1010. Verification of enrollment for purposes of receipt of Post-9/11 Edu-
cational Assistance benefits.
Sec. 1011. Clarification regarding the dependents to whom entitlement to edu-
cational assistance may be transferred under the Post 9/11 Educational
Assistance Program.
Sec. 1012. Expansion of reasons for which a course of education may be dis-
approved.
Sec. 1013. Oversight of educational institutions with approved programs: risk-
based surveys.
Sec. 1014. Oversight of educational institutions subject to Government action for
purposes of the educational assistance programs of the Department of
Veterans Affairs.
Sec. 1015. Additional requirement for approval of educational institutions for pur-
poses of the educational assistance programs of the Department of Vet-
erans Affairs.
H. R. 7105—2
Sec. 1016. Clarification of accreditation for law schools for purposes of the edu-
cational assistance programs of the Department of Veterans Affairs.
Sec. 1017. Clarification of grounds for disapproval of a course for purposes of the
educational assistance programs of the Department of Veterans Affairs.
Sec. 1018. Requirements for educational institutions participating in the edu-
cational assistance programs of the Department of Veterans Affairs.
Sec. 1019. Overpayments to eligible persons or veterans.
Sec. 1020. Improvements to limitation on certain advertising, sales, and enrollment
practices.
Sec. 1021. Charge to entitlement to educational assistance for individuals who do
not transfer credits from certain closed or disapproved programs of edu-
cation.
Sec. 1022. Department of Veterans Affairs treatment of for-profit educational insti-
tutions converted to nonprofit educational institutions.
Sec. 1023. Authority of State approving agencies to conduct outreach activities.
Sec. 1024. Limitation on colocation and administration of State approving agencies.
Sec. 1025. Elimination of period of eligibility for training and rehabilitation for cer-
tain veterans with service-connected disabilities.
Subtitle B—Pandemic Assistance
Sec. 1101. Definitions.
Sec. 1102. Continuation of Department of Veterans Affairs educational assistance
benefits during COVID–19 emergency.
Sec. 1103. Effects of closure of educational institution and modification of courses
by reason of COVID–19 emergency.
Sec. 1104. Payment of educational assistance in cases of withdrawal.
Sec. 1105. Modification of time limitations on use of entitlement.
Sec. 1106. Apprenticeship or on-job training requirements.
Sec. 1107. Inclusion of training establishments in certain provisions related to
COVID–19 emergency.
Sec. 1108. Treatment of payment of allowances under Student Veteran Coronavirus
Response Act.
TITLE II—BENEFITS
Subtitle A—Benefits Generally
Sec. 2001. Revision of definition of Vietnam era for purposes of the laws adminis-
tered by the Secretary of Veterans Affairs.
Sec. 2002. Matters relating to Department of Veterans Affairs medical disability
examinations.
Sec. 2003. Medal of Honor special pension for surviving spouses.
Sec. 2004. Modernization of service-disabled veterans insurance.
Sec. 2005. Denial of claims for traumatic injury protection under Servicemembers’
Group Life Insurance.
Sec. 2006. Publication and acceptance of disability benefit questionnaire forms of
Department of Veterans Affairs.
Sec. 2007. Threshold for reporting debts to consumer reporting agencies.
Sec. 2008. Removal of dependents from award of compensation or pension.
Sec. 2009. Eligibility for dependency and indemnity compensation for surviving
spouses who remarry after age 55.
Sec. 2010. Study on exposure by members of the Armed Forces to toxicants at
Karshi-Khanabad Air Base in Uzbekistan.
Sec. 2011. Comptroller General briefing and report on repealing manifestation pe-
riod for presumptions of service connection for certain diseases associ-
ated with exposure to certain herbicide agents.
Sec. 2012. Extension of authority of Secretary of Veterans Affairs to use income in-
formation from other agencies.
Sec. 2013. Extension on certain limits on payments of pension.
Subtitle B—Housing
Sec. 2101. Eligibility of certain members of the reserve components of the Armed
Forces for home loans from the Secretary of Veterans Affairs.
Sec. 2102. Reducing loan fees for certain veterans affected by major disasters.
Sec. 2103. Extension of certain housing loan fees.
Sec. 2104. Collection of overpayments of specially adapted housing assistance.
Subtitle C—Burial Matters
Sec. 2201. Transportation of deceased veterans to veterans’ cemeteries.
Sec. 2202. Increase in certain funeral benefits under laws administered by the Sec-
retary of Veterans Affairs.
Sec. 2203. Outer burial receptacles for each new grave in cemeteries that are the
subjects of certain grants made by the Secretary of Veterans Affairs.
H. R. 7105—3
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 vet-
erans’ 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 vet-
erans 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 ca-
pacity, and staffing levels.
Sec. 3004. Grants for State homes located on tribal lands.
Sec. 3005. Continuation of Women’s Health Transition Training program of Depart-
ment of Veterans Affairs.
Sec. 3006. Authority for Secretary of Veterans Affairs to furnish medically nec-
essary 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 facili-
ties 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 con-
sultations 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 De-
partment 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 homeless-
ness.
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 coun-
seling services for veterans at risk for homelessness who are
transitioning from certain institutions.
Sec. 4206. Coordination of case management services for veterans receiving hous-
ing 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.
H. R. 7105—4
Subtitle C—Retraining Assistance for Veterans
Sec. 4301. Access for the Secretaries of Labor and Veterans Affairs to the Federal
directory of new hires.
Sec. 4302. Expansion of eligible class of providers of high technology programs of
education for veterans.
Sec. 4303. Pilot program for off-base transition training for veterans and spouses.
Sec. 4304. Grants for provision of transition assistance to members of the Armed
Forces after separation, retirement, or discharge.
Sec. 4305. One-year independent assessment of the effectiveness of Transition As-
sistance Program.
Sec. 4306. Longitudinal study on changes to Transition Assistance Program.
TITLE V—DEBORAH SAMPSON
Sec. 5001. Short title.
Subtitle A—Improving Access for Women Veterans to the Department of Veterans
Affairs
Sec. 5101. Office of Women’s Health in Department of Veterans Affairs.
Sec. 5102. Women veterans retrofit initiative.
Sec. 5103. Establishment of environment of care standards and inspections at De-
partment of Veterans Affairs medical centers.
Sec. 5104. Provision of reintegration and readjustment services to veterans and
family members in group retreat settings.
Sec. 5105. Provision of legal services for women veterans.
Sec. 5106. Comptroller General surveys and report on supportive services provided
for very low-income women veterans.
Sec. 5107. Programs on assistance for child care for certain veterans.
Sec. 5108. Availability of prosthetics for women veterans from Department of Vet-
erans Affairs.
Sec. 5109. Requirement to improve Department of Veterans Affairs women vet-
erans call center.
Sec. 5110. Study on infertility services furnished at Department of Veterans Af-
fairs.
Sec. 5111. Sense of Congress on access to facilities of Department of Veterans Af-
fairs by reservists for counseling and treatment relating to military sex-
ual trauma.
Subtitle B—Increasing Staff Cultural Competency
Sec. 5201. Staffing of women’s health primary care providers at medical facilities
of Department of Veterans Affairs.
Sec. 5202. Additional funding for primary care and emergency care clinicians in
Women Veterans Health Care Mini-Residency Program.
Sec. 5203. Establishment of women veteran training module for non-Department of
Veterans Affairs health care providers.
Sec. 5204. Study on staffing of women veteran program manager program at med-
ical centers of Department of Veterans Affairs and training of staff.
Sec. 5205. Study on Women Veteran Coordinator program.
Sec. 5206. Staffing improvement plan for peer specialists of Department of Vet-
erans Affairs who are women.
Subtitle C—Eliminating Harassment and Assault
Sec. 5301. Expansion of coverage by Department of Veterans Affairs of counseling
and treatment for sexual trauma.
Sec. 5302. Assessment of effects of intimate partner violence on women veterans by
Advisory Committee on Women Veterans.
Sec. 5303. Anti-harassment and anti-sexual assault policy of Department of Vet-
erans Affairs.
Sec. 5304. Pilot program on assisting veterans who experience intimate partner vi-
olence or sexual assault.
Sec. 5305. Study and task force on veterans experiencing intimate partner violence
or sexual assault.
Subtitle D—Data Collection and Reporting
Sec. 5401. Requirement for collection and analysis of data on Department of Vet-
erans Affairs benefits and services and disaggregation of such data by
gender, race, and ethnicity.
Sec. 5402. Study on barriers for women veterans to receipt of health care from De-
partment of Veterans Affairs.
Sec. 5403. Study on feasibility and advisability of offering Parenting STAIR pro-
gram at all medical centers of Department of Veterans Affairs.
H. R. 7105—5
Subtitle E—Benefits Matters
Sec. 5501. Evaluation of service-connection of mental health conditions relating to
military sexual trauma.
Sec. 5502. Choice of sex of Department of Veterans Affairs medical examiner for as-
sessment of claims for compensation relating to disability resulting from
physical assault of a sexual nature, battery of a sexual nature, or sexual
harassment.
Sec. 5503. Secretary of Veterans Affairs report on implementing recommendations
of Inspector General of Department of Veterans Affairs in certain report
on denied posttraumatic stress disorder claims related to military sexual
trauma.
TITLE VI—REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS
Sec. 6001. Short title.
Sec. 6002. Plan to address the financial exploitation of veterans receiving pension
from the Department of Veterans Affairs.
Sec. 6003. Overpayments of pension to veterans receiving pension from the Depart-
ment of Veterans Affairs.
Sec. 6004. Evaluation of additional actions for verifying direct deposit information
provided by veterans on applications for veterans pension.
Sec. 6005. Annual report on efforts of Department of Veterans Affairs to address
the financial exploitation of veterans receiving pension.
Sec. 6006. Notice regarding fees charged in connection with filing an application for
veterans pension.
Sec. 6007. Outreach plan for educating vulnerable veterans about potential finan-
cial exploitation relating to the receipt of pension.
TITLE VII—OTHER MATTERS
Subtitle A—Administrative and Other Matters
Sec. 7001. Medical examination protocol for volunteer drivers participating in pro-
gram of transportation services for veterans.
Sec. 7002. Department of Veterans Affairs Advisory Committee on Tribal and In-
dian Affairs.
Sec. 7003. Preference for offerors employing veterans.
Sec. 7004. Extension of certain employment and reemployment rights to members
of the National Guard who perform State active duty.
Sec. 7005. Repayment of misused benefits.
Sec. 7006. Exemption of certain transfers.
Sec. 7007. Report and planned actions of the Secretary of Veterans Affairs to ad-
dress certain high-risk areas of the Department of Veterans Affairs.
Sec. 7008. Annual report by Secretary of Veterans Affairs on implementation of pri-
ority recommendations of Comptroller General of the United States per-
taining to Department of Veterans Affairs.
Sec. 7009. Clarification of methods used to monitor compliance with certain limita-
tions on subcontracting.
Sec. 7010. Department of Veterans Affairs requirement to provide certain notice to
persons filing claims for damage, injury, or death on Standard Form 95.
Subtitle B—Matters Relating to the Chief Financial Officer of Department of
Veterans Affairs
Sec. 7101. Definitions.
Sec. 7102. Plans for addressing material weaknesses and providing sufficient au-
thority to Chief Financial Officer of Department of Veterans Affairs.
Sec. 7103. Chief Financial Officer attestation.
Sec. 7104. Chief Financial Officer responsibility for subordinate chief financial offi-
cers.
Subtitle C—Servicemembers Civil Relief
Sec. 7201. Clarification of delivery of notice of termination of leases of premises and
motor vehicles for purposes of relief under Servicemembers Civil Relief
Act.
Sec. 7202. Technical correction regarding extension of lease protections for
servicemembers under stop movement orders in response to local, na-
tional, or global emergency.
SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
H. R. 7105—6
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, submitted for printing in the
Congressional Record by the Chairman of the House Budget Com-
mittee, provided that such statement has been submitted prior
to the vote on passage.
TITLE I—EDUCATION
Subtitle A—Education Generally
SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS STEM SCHOL-
ARSHIP PROGRAM OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) CLARIFICATION AND EXPANSION OF ELIGIBILITY.—Subsection
(b)(4) of section 3320 of title 38, United States Code, is amended—
(1) in subparagraph (A)(i)—
(A) in the matter preceding subclause (I), by inserting
‘‘, or a dual degree program that includes such an under-
graduate college degree,’’ after ‘‘undergraduate college
degree’’;
(B) by striking subclause (IX); and
(C) by redesignating subclauses (X) and (XI) as sub-
clauses (IX) and (X), respectively;
(2) in subparagraph (B)—
(A) by inserting ‘‘covered clinical training program for
health care professionals or a’’ before ‘‘program of edu-
cation’’; and
(B) by striking the period at the end and inserting
‘‘; or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) is an individual who has earned a graduate degree
in a field referred to in subparagraph (A)(i) and is enrolled
in a covered clinical training program for health care
professionals.’’.
(b) PRIORITY.—Subsection (c) of such section is amended to
read as follows:
‘‘(c) PRIORITY.—(1) If the Secretary determines that there are
insufficient funds available in a fiscal year to provide additional
benefits under this section to all eligible individuals, the Secretary
may give priority to the following eligible individuals:
‘‘(A) Individuals who require the most credit hours
described in subsection (b)(4).
‘‘(B) Individuals who are entitled to educational assistance
under this chapter by reason of paragraph (1), (2), (8), or
(9) of section 3311(b) of this title.
‘‘(2) The Secretary shall give priority to individuals under para-
graph (1) in the following order:
‘‘(A) Individuals who are enrolled in a program of education
leading to an undergraduate degree in a field referred to in
subsection (b)(4)(A)(i).
‘‘(B) Individuals who are enrolled in a program of education
leading to a teaching certificate.
‘‘(C) Individuals who are enrolled in a dual-degree program
leading to both an undergraduate and graduate degree in a
field referred to in subsection (b)(4)(A)(i).
H. R. 7105—7
‘‘(D) Individuals who have earned an undergraduate degree
and are enrolled in a covered clinical training program for
health care professionals.
‘‘(E) Individuals who have earned a graduate degree and
are enrolled in a covered clinical training program for health
care professionals.’’.
(c) AMOUNTS NOT SUBJECT TO CERTAIN LIMITATION.—Sub-
section (d) of such section is amended by adding at the end the
following new paragraph:
‘‘(4) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any additional benefits under this section
may not be counted toward the aggregate period for which section
3695 of this title limits an individual’s receipt of allowance or
assistance.’’.
(d) COVERED CLINICAL TRAINING PROGRAM DEFINED.—Such sec-
tion is further amended by adding at the end the following new
subsection:
‘‘(h) COVERED CLINICAL TRAINING PROGRAM DEFINED.—In this
section, the term ‘covered clinical training program’ means any
clinical training required by a health care professional to be licensed
to practice in a State or locality.’’.
SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO
CHILDREN AND SPOUSES OF CERTAIN DECEASED MEM-
BERS OF THE ARMED FORCES.
(a) IN GENERAL.—Subsection (b) of section 3311 of title 38,
United States Code, as amended by section 105 of the Harry W.
Colmery Veterans Educational Assistance Act of 2017 (Public Law
115–48), is further amended—
(1) by redesignating paragraph (9) as paragraph (11); and
(2) by inserting after paragraph (8) the following new para-
graphs (9) and (10):
‘‘(9) An individual who is the child or spouse of a person
who, on or after September 11, 2001, dies in line of duty
while serving on duty other than active duty as a member
of the Armed Forces.
‘‘(10) An individual who is the child or spouse of a member
of the Selected Reserve who dies on or after September 11,
2001, while a member of the Selected Reserve from a service-
connected disability.’’.
(b) CONFORMING AMENDMENTS.—Title 38, United States Code,
is amended as follows:
(1) In section 3311(f), by striking ‘‘paragraph (8)’’ each
place it appears and inserting ‘‘paragraphs (8), (9), and (10)’’.
(2) In section 3313(c)(1), by striking ‘‘(8), or (9)’’ and
inserting ‘‘(8), (9), (10), or (11)’’.
(3) In section 3317(a), in the second sentence, by striking
‘‘paragraphs (1), (2), (8), and (9)’’ and inserting ‘‘paragraphs
(1), (2), (8), (9), (10), and (11)’’.
(4) In section 3320, as amended by section 1001 of this
title, in subsection (c)(1)(B), by striking ‘‘(8), or (9)’’ and
inserting ‘‘(8), (9), (10), or (11)’’.
(5) In section 3322—
(A) in subsection (e), by striking both ‘‘sections
3311(b)(8) and 3319’’ and inserting ‘‘section 3319 and para-
graph (8), (9), or (10) of section 3311 of this title’’;
H. R. 7105—8
(B) in subsection (f), by striking ‘‘section 3311(b)(8)’’
and inserting ‘‘paragraph (8), (9), or (10) of section 3311
of this title’’; and
(C) in subsection (h)(2), by striking ‘‘either section
3311(b)(8) or chapter 35’’ and inserting ‘‘either chapter
35 or paragraph (8), (9), or (10) of section 3311’’.
(c) APPLICABILITY DATE.—The amendments made by this sec-
tion shall take effect immediately after the amendments made
by section 105 of the Harry W. Colmery Veterans Educational
Assistance Act of 2017 (Public Law 115–48) take effect and shall
apply with respect to a quarter, semester, or term, as applicable,
commencing on or after August 1, 2021.
SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL-
VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 3011 of title 38, United States Code,
is amended—
(1) in subsection (c)(1), by striking ‘‘Any such election shall
be made at the time the individual initially enters on active
duty as a member of the Armed Forces’’ and inserting ‘‘Any
such election shall be made during the 90-day period beginning
on the day that is 180 days after the date on which the
individual initially enters initial training’’; and
(2) in subsection (b)(1), by striking ‘‘that such individual
is entitled to such pay’’ and inserting ‘‘that begin after the
date that is 270 days after the date on which the individual
initially enters initial training’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date that is two years after the date
of the enactment of this Act.
SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE
PROGRAM.
Subsection (a)(1)(A) of section 3011 of title 38, United States
Code, is amended by striking ‘‘after June 30, 1985’’ and inserting
‘‘during the period beginning July 1, 1985, and ending September
30, 2030’’.
SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION.
(a) IN GENERAL.—Section 3679(c) of title 38, United States
Code, is amended—
(1) in paragraph (2)(A), by striking ‘‘less than three years
before the date of enrollment in the course concerned’’; and
(2) in paragraph (4)—
(A) by striking ‘‘It shall’’ and inserting ‘‘(A) It shall’’;
and
(B) by adding at the end the following new subpara-
graph:
‘‘(B) To the extent feasible, the Secretary shall make publicly
available on the internet website of the Department a database
explaining any requirements described in subparagraph (A) that
are established by a public institution of higher learning for an
individual to be charged tuition and fees at a rate that is equal
to or less than the rate the institution charges for tuition and
fees for residents of the State in which the institution is located.
The Secretary shall disapprove a course of education provided by
such an institution that does not provide the Secretary—
H. R. 7105—9
‘‘(i) an initial explanation of such requirements; and
‘‘(ii) not later than 90 days after the date on which any
such requirements change, the updated requirements.’’.
(b) APPLICATION.—The amendments made by this section shall
apply with respect to a quarter, semester, or term, as applicable,
commencing on or after August 1, 2021.
SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING
WORK-STUDY ACTIVITIES FOR PURPOSES OF THE EDU-
CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT
OF VETERANS AFFAIRS TO INCLUDE OUTREACH SERV-
ICES PROVIDED THROUGH CONGRESSIONAL OFFICES.
(a) IN GENERAL.—Section 3485(a)(4) of title 38, United States
Code, is amended by adding at the end the following new subpara-
graph:
‘‘(K) The following activities carried out at the offices of
Members of Congress for such Members:
‘‘(i) The distribution of information to members of the
Armed Forces, veterans, and their dependents about the
benefits and services under laws administered by the Sec-
retary and other appropriate governmental and nongovern-
mental programs.
‘‘(ii) The preparation and processing of papers and
other documents, including documents to assist in the
preparation and presentation of claims for benefits under
laws administered by the Secretary.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION PRO-
GRAMS FOR VETERANS AFFECTED BY SCHOOL CLOSURE
OR DISAPPROVAL.
(a) ENTITLEMENT.—Section 3699 of title 38, United States Code,
is amended by striking ‘‘chapter 30,’’ each time it appears and
inserting ‘‘chapter 30, 31,’’.
(b) PAYMENT OF SUBSISTENCE ALLOWANCES.—Section
3680(a)(2)(B) of title 38, United States Code, is amended—
(1) by inserting ‘‘or a subsistence allowance described in
section 3108’’ before ‘‘, during’’; and
(2) by inserting ‘‘or allowance’’ after ‘‘such a stipend’’.
(c) CONFORMING AMENDMENT.—Section 7 of the Student Vet-
eran Coronavirus Response Act of 2020 (134 Stat. 634; Public Law
116–140) is hereby repealed.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply as if included in the enactment of section 109 of the
Harry W. Colmery Veterans Educational Assistance Act of 2017
(Public Law 115–48; 131 Stat. 978).
SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGIBILITY FOR
PARTICIPATION IN YELLOW RIBBON PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
Section 3317(a) of title 38, United States Code, is amended—
(1) by striking ‘‘the full cost of established charges (as
specified in section 3313)’’ and inserting ‘‘the full cost of tuition
and fees for a program of education’’; and
(2) by striking ‘‘those established charges’’ and inserting
‘‘such tuition and fees’’.
H. R. 7105—10
SEC. 1009. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR
INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM OF
EDUCATION LEADING TO A DEGREE WHILE ON ACTIVE
DUTY.
(a) IN GENERAL.—Section 3313(e) of title 38, United States
Code, is amended—
(1) in the heading, by inserting ‘‘FOR A PERIOD OF MORE
THAN 30 DAYS’’ after ‘‘ACTIVE DUTY’’;
(2) in paragraph (1), by inserting ‘‘for a period of more
than 30 days’’ after ‘‘active duty’’; and
(3) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ‘‘for a period of more than 30 days’’ after
‘‘active duty’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on August 1, 2022.
SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF
RECEIPT OF POST-9/11 EDUCATIONAL ASSISTANCE BENE-
FITS.
(a) IN GENERAL.—Section 3313 of title 38, United States Code,
is amended by adding at the end the following new subsection:
‘‘(l) VERIFICATION OF ENROLLMENT.—(1) The Secretary shall
require—
‘‘(A) each educational institution to submit to the Secretary
verification of each individual who is enrolled in a course or
program of education at the educational institution and is
receiving educational assistance under this chapter—
‘‘(i) not later than such time as the Secretary deter-
mines reasonable after the date on which the individual
is enrolled; and
‘‘(ii) not later than such time as the Secretary deter-
mines reasonable after the last date on which a student
is able to withdraw from the course or program of education
without penalty; and
‘‘(B) each individual who is enrolled in a course or program
of education and is receiving educational assistance under this
chapter to submit to the Secretary verification of such enroll-
ment for each month during which the individual is so enrolled
and receiving such educational assistance.
‘‘(2) Verification under this subsection shall be in an electronic
form prescribed by the Secretary.
‘‘(3) If an individual fails to submit the verification required
under paragraph (1)(B) for two consecutive months, the Secretary
may not make a monthly stipend payment to the individual under
this section until the individual submits such verification.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM
ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE
TRANSFERRED UNDER THE POST 9/11 EDUCATIONAL
ASSISTANCE PROGRAM.
(a) IN GENERAL.—Section 3319(c) of title 38, United States
Code, is amended to read as follows:
‘‘(c) ELIGIBLE DEPENDENTS.—
‘‘(1) TRANSFER.—An individual approved to transfer an
entitlement to educational assistance under this section may
H. R. 7105—11
transfer the individual’s entitlement to an eligible dependent
or a combination of eligible dependents.
‘‘(2) DEFINITION OF ELIGIBLE DEPENDENT.—For purposes
of this subsection, the term ‘eligible dependent’ has the meaning
given the term ‘dependent’ under subparagraphs (A), (I), and
(D) of section 1072(2) of title 10.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply with respect to educational assistance payable under
chapter 33 of title 38, United States Code, before, on, or after
the date that is 90 days after the date of the enactment of this
Act.
SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF EDU-
CATION MAY BE DISAPPROVED.
(a) IN GENERAL.—Section 3672(b)(2) of title 38, United States
Code, is amended—
(1) in subparagraph (A)(i), by inserting or ‘‘or (D)’’ after
‘‘subparagraph (C)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(D) A program that is described in subparagraph (A)(i) of
this paragraph and offered by an educational institution that is
at risk of losing accreditation shall not be deemed to be approved
for purposes of this chapter. For purposes of this subparagraph,
an educational institution is at risk of losing accreditation if that
educational institution has received from the relevant accrediting
agency or association a notice described in section 3673(e)(2)(D)
of this title.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on August 1, 2021.
SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTITUTIONS WITH
APPROVED PROGRAMS: RISK-BASED SURVEYS.
(a) RISK-BASED SURVEYS.—
(1) IN GENERAL.—Subchapter I of chapter 36, United States
Code, is amended by inserting after section 3673 the following
new section:
‘‘§ 3673A. Risk-based surveys
‘‘(a) DEVELOPMENT REQUIRED.—The Secretary, in partnership
with State approving agencies, shall develop a searchable risk-
based survey for oversight of educational institutions with courses
and programs of education approved under this chapter.
‘‘(b) SCOPE.—(1) The scope of the risk-based survey developed
under subsection (a) shall be determined by the Secretary, in part-
nership with the State approving agency.
‘‘(2) At a minimum the scope determined under paragraph
(1) shall include the following:
‘‘(A) Rapid increase in veteran enrollment.
‘‘(B) Rapid increase in tuition and fees.
‘‘(C) Complaints tracked and published with the mechanism
required by section 3698(b)(2) from students pursuing programs
of education with educational assistance furnished under laws
administered by the Secretary, based on severity or volume
of the complaints.
‘‘(D) Compliance with section 3680A(d)(1) of this title.
‘‘(E) Veteran completion rates.
‘‘(F) Indicators of financial stability.
H. R. 7105—12
‘‘(G) Review of the advertising and recruiting practices
of the educational institution, including those by third-party
contractors of the educational institution.
‘‘(H) Matters for which the Federal Government or a State
Government brings an action in a court of competent jurisdic-
tion against an educational institution, including matters in
cases in which the Federal Government or the State comes
to a settled agreement on such matters outside of the court.
‘‘(c) DATABASE.—The Secretary, in partnership with the State
approving agencies under this chapter, shall establish a database
or use an existing system, as the Secretary considers appropriate,
to serve as a central repository for information required for or
collected during site visits for the risk-based survey developed under
subsection (a), so as to improve future oversight of educational
institutions with programs of education approved under this
chapter.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 36 of such title is amended by inserting
after the item relating to section 3673 the following new item:
‘‘3673A. Risk-based surveys.’’.
(b) USE OF STATE APPROVING AGENCIES FOR OVERSIGHT ACTIVI-
TIES.—
(1) IN GENERAL.—Section 3673(d) of title 38, United States
Code, is amended—
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; and
(B) by striking ‘‘compliance and risk-based surveys’’
and inserting ‘‘a risk-based survey developed under section
3673A of this title’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on October 1, 2022.
SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO
GOVERNMENT ACTION FOR PURPOSES OF THE EDU-
CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 3673 of title 38, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e) NOTICE OF GOVERNMENT ACTION.—(1)(A) If the Secretary
receives notice described in paragraph (2), or otherwise becomes
aware of an action or event described in paragraph (3), with respect
to an educational institution, the Secretary shall transmit such
notice or provide notice of such action or event to the State
approving agency for the State where the educational institution
is located by not later than 30 days after the date on which the
Secretary receives such notice or becomes aware of such action
or event.
‘‘(B) If a State approving agency receives notice as described
in paragraph (2), or otherwise becomes aware of an action or event
described in paragraph (3), with respect to an educational institu-
tion, other than from the Secretary pursuant to subparagraph (A)
of this paragraph, the State approving agency shall immediately
notify the Secretary.
‘‘(C) Not later than 60 days after the date on which a State
approving agency receives notice under subparagraph (A), receives
notice as described in subparagraph (B), or becomes aware as
H. R. 7105—13
described in such subparagraph, as the case may be, regarding
an educational institution, such State approving agency shall—
‘‘(i) complete a risk-based survey of such educational
institution; and
‘‘(ii) provide the Secretary with—
‘‘(I) a complete report on the findings of the State
approving agency with respect to the risk-based survey
completed under clause (i) and any actions taken as a
result of such findings; and
‘‘(II) any supporting documentation and pertinent
records.
‘‘(2) Notice described in this paragraph is any of the following:
‘‘(A) Notice from the Secretary of Education of an event
under paragraph (3)(A).
‘‘(B) Notice of an event under paragraph (3)(B).
‘‘(C) Notice from a State of an action taken by that State
under paragraph (3)(C).
‘‘(D) Notice provided by an accrediting agency or association
of an action described in paragraph (3)(D) taken by that agency
or association.
‘‘(E) Notice that the Secretary of Education has placed
the educational institution on provisional certification status.
‘‘(3) An action or event under this paragraph is any of the
following:
‘‘(A) The receipt by an educational institution of payments
under the heightened cash monitoring level 2 payment method
pursuant to section 487(c)(1)(B) of the Higher Education Act
of 1965 (20 U.S.C. 1094).
‘‘(B) Punitive action taken by the Attorney General, the
Federal Trade Commission, or any other Federal department
or agency for misconduct or misleading marketing practices
that would violate the standards defined by the Secretary of
Veterans Affairs.
‘‘(C) Punitive action taken by a State against an educational
institution.
‘‘(D) The loss, or risk of loss, by an educational institution
of an accreditation from an accrediting agency or association,
including notice of probation, suspension, an order to show
cause relating to the educational institution’s academic policies
and practices or to its financial stability, or revocation of
accreditation.
‘‘(E) The placement of an educational institution on provi-
sional certification status by the Secretary of Education.
‘‘(4) If a State approving agency disapproves or suspends an
educational institution, the State approving agency shall provide
notice of such disapproval or suspension to the Secretary and to
all other State approving agencies.
‘‘(5) This subsection shall be carried out using amounts made
available pursuant to section 3674(a)(4) of this title as long as
such amounts remain available.
‘‘(6) For each notice transmitted or provided to a State
approving agency under paragraph (1) with respect to an edu-
cational institution, the Secretary shall ensure the careful review
of—
‘‘(A) to the extent possible, the action that gave rise to
such notice; and
H. R. 7105—14
‘‘(B) any other action against the educational institution
by any Federal or State government entity or by the educational
institution’s accreditor.
‘‘(7) In this subsection, the term ‘risk-based survey’ means
the risk-based survey developed under section 3673A of this title.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDU-
CATIONAL INSTITUTIONS FOR PURPOSES OF THE EDU-
CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 3675 of title 38, United States Code,
is amended—
(1) in subsection (b), by adding at the end the following
new paragraph:
‘‘(4) The educational institution is approved and partici-
pates in a program under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has
waived the requirement under this paragraph with respect
to an educational institution and submits to the Committee
on Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives notice of such
waiver.’’.
(2) by adding at the end the following new subsection:
‘‘(d)(1) The Secretary shall submit to Congress an annual report
on any waivers issued pursuant to subsection (b)(4) or section
3672(b)(2)(A)(i) of this title.
‘‘(2) Each report submitted under paragraph (1) shall include,
for the year covered by the report, the following:
‘‘(A) The name of each educational institution for which
a waiver was issued.
‘‘(B) The justification for each such waiver.
‘‘(C) The total number of waivers issued.’’.
(b) REQUIREMENT FOR APPROVAL OF STANDARD COLLEGE
DEGREE PROGRAMS.—Clause (i) of section 3672(b)(2)(A) of such title
is amended to read as follows:
‘‘(i) Except as provided in subparagraph (C) or (D),
an accredited standard college degree program offered at
a public or not-for-profit proprietary educational institution
that—
‘‘(I) is accredited by an agency or association recog-
nized for that purpose by the Secretary of Education;
and
‘‘(II) is approved and participates in a program
under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), unless the Secretary has
waived the requirement to participate in a program
under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.).’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on August 1, 2021.
SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS
FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE PRO-
GRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Paragraphs (14)(B) and (15)(B) of section
3676(c) of title 38, United States Code, are each amended—
H. R. 7105—15
(1) by striking ‘‘an accrediting agency’’ both places it
appears and inserting ‘‘a specialized accrediting agency for pro-
grams of legal education’’; and
(2) by inserting before the period the following: ‘‘, from
which recipients of law degrees from such accredited programs
are eligible to sit for a bar examination in any State’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on August 1, 2021.
SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A
COURSE FOR PURPOSES OF THE EDUCATIONAL ASSIST-
ANCE PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) IN GENERAL.—Section 3679 of title 38, United States Code,
is amended—
(1) by inserting ‘‘(including failure to comply with a risk-
based survey under this chapter or secure an affirmation of
approval by the appropriate State approving agency following
the survey)’’ after ‘‘requirements of this chapter’’; and
(2) by adding at the end the following new subsection:
‘‘(f) In this section, the term ‘risk-based survey’ means a risk-
based survey developed under section 3673A(a) of this title.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1018. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS
PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PRO-
GRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 3679 of title 38, United States Code,
as amended by section 1017 of this title, is further amended by
adding at the end the following new subsection:
‘‘(f)(1) Except as provided by paragraph (5), a State approving
agency, or the Secretary when acting in the role of the State
approving agency, shall take an action described in paragraph
(4)(A) if the State approving agency or the Secretary, when acting
in the role of the State approving agency, determines that an
educational institution does not perform any of the following:
‘‘(A) Prior to the enrollment of a covered individual in
a course of education at the educational institution, provide
the individual with a form that contains information personal-
ized to the individual that describes—
‘‘(i) the estimated total cost of the course, including
tuition, fees, books, supplies, and any other additional costs;
‘‘(ii) an estimate of the cost for living expenses for
students enrolled in the course;
‘‘(iii) the amount of the costs under clauses (i) and
(ii) that are covered by the educational assistance provided
to the individual under chapter 30, 31, 32, 33, or 35 of
this title, or chapter 1606 or 1607 of title 10, as the case
may be;
‘‘(iv) the type and amount of Federal financial aid
not administered by the Secretary and financial aid offered
by the institution that the individual may qualify to receive;
‘‘(v) an estimate of the amount of student loan debt
the individual would have upon graduation;
‘‘(vi) information regarding graduation rates;
‘‘(vii) job-placement rates for graduates of the course,
if available;
H. R. 7105—16
‘‘(viii) information regarding the acceptance by the
institution of transfer of credits, including military credits;
‘‘(ix) any conditions or additional requirements,
including training, experience, or examinations, required
to obtain the license, certification, or approval for which
the course of education is designed to provide preparation;
and
‘‘(x) other information to facilitate comparison by the
individual of aid packages offered by different educational
institutions.
‘‘(B) Not later than 15 days after the date on which the
institution (or the governing body of the institution) determines
tuition rates and fees for an academic year that is different
than the amount being charged by the institution, provide
a covered individual enrolled in a course of education at the
educational institution with the form under subparagraph (A)
that contains updated information.
‘‘(C) Maintain policies to—
‘‘(i) inform each covered individual enrolled in a course
of education at the educational institution of the avail-
ability of Federal financial aid not administered by the
Secretary and financial aid offered by the institution; and
‘‘(ii) alert such individual of the potential eligibility
of the individual for such financial aid before packaging
or arranging student loans or alternative financing pro-
grams for the individual.
‘‘(D) Maintain policies to—
‘‘(i) prohibit the automatic renewal of a covered indi-
vidual in courses and programs of education; and
‘‘(ii) ensure that each covered individual approves of
the enrollment of the individual in a course.
‘‘(E) Provide to a covered individual enrolled in a course
of education at the educational institution with information
regarding the requirements to graduate from such course,
including information regarding when required classes will be
offered and a timeline to graduate.
‘‘(F) With respect to an accredited educational institution,
obtain the approval of the accrediting agency for each new
course or program of the institution before enrolling covered
individuals in such courses or programs if the accrediting
agency determines that such approval is appropriate under
the substantive change requirements of the accrediting agency
regarding the quality, objectives, scope, or control of the institu-
tion.
‘‘(G) Maintain a policy that—
‘‘(i) ensures that members of the Armed Forces,
including the reserve components and the National Guard,
who enroll in a course of education at the educational
institution may be readmitted at such institution if such
members are temporarily unavailable or have to suspend
such enrollment by reason of serving in the Armed Forces;
and
‘‘(ii) otherwise accommodates such members during
short absences by reason of such service.
‘‘(H) Designate an employee of the educational institution
to serve as a point of contact for covered individuals and the
family of such individuals needing assistance with respect to
H. R. 7105—17
academic counseling, financial counseling, disability counseling,
and other information regarding completing a course of edu-
cation at such institution, including by referring such individ-
uals and family to the appropriate persons for such counseling
and information.
‘‘(2) Except as provided by paragraph (5), a State approving
agency, or the Secretary when acting in the role of the State
approving agency, shall take an action described in paragraph
(4)(A) if the State approving agency, the Secretary, or any Federal
agency, determines that an educational institution does any of
the following:
‘‘(A) Carries out deceptive or persistent recruiting tech-
niques, including on military installations, that may include—
‘‘(i) misrepresentation (as defined in section
3696(e)(2)(B) of this title) or payment of incentive com-
pensation;
‘‘(ii) during any 1-month period making three or more
unsolicited contacts to a covered individual, including con-
tacts by phone, email, or in-person; or
‘‘(iii) engaging in same-day recruitment and registra-
tion.
‘‘(B) Pays inducements, including any gratuity, favor, dis-
count, entertainment, hospitality, loan, transportation, lodging,
meals, or other item having a monetary value of more than
a de minimis amount, to any individual or entity, or its agents
including third party lead generators or marketing firms other
than salaries paid to employees or fees paid to contractors
in conformity with all applicable laws for the purpose of
securing enrollments of covered individuals or obtaining access
to educational assistance under this title, with the exception
of scholarships, grants, and tuition reductions provided by the
educational institution.
‘‘(3) A State approving agency, or the Secretary when acting
in the role of the State approving agency, shall take an action
described in paragraph (4)(A) if the State approving agency or
the Secretary, when acting in the role of the State approving
agency, determines that an educational institution is the subject
of a negative action made by the accrediting agency that accredits
the institution, including any of the following:
‘‘(A) Accreditor sanctions.
‘‘(B) Accreditation probation.
‘‘(C) The loss of accreditation or candidacy for accreditation.
‘‘(4)(A) An action described in this subparagraph is any of
the following:
‘‘(i) Submitting to the Secretary a recommendation that
the Secretary publish a warning on the internet website of
the Department described in section 3698(c)(2) of this title,
or such other similar internet website of the Department, that
describes how an educational institution is failing to meet a
requirement under paragraph (1), (2), or (3).
‘‘(ii) Disapproving a course for purposes of this chapter.
‘‘(B)(i) The Secretary shall establish guidelines to ensure that
the actions described in subparagraph (A) are applied in a propor-
tional and uniform manner by State approving agencies, or the
Secretary when acting in the role of the State approving agency.
H. R. 7105—18
‘‘(ii) Each State approving agency and the Secretary, when
acting in the role of the State approving agency, shall adhere
to the guidelines established under clause (i).
‘‘(C) The State approving agency, in consultation with the Sec-
retary, or the Secretary when acting in the role of the State
approving agency, may limit an action described in subparagraph
(A)(ii) to individuals not enrolled at the educational institution
before the period described in such subparagraph.
‘‘(5)(A) The Secretary may waive the requirements of paragraph
(1) or waive the requirements of paragraph (2) with respect to
an educational institution for a 1-academic-year period beginning
in August of the year in which the waiver is made. A single
educational institution may not receive waivers under this para-
graph for more than 2 consecutive academic years.
‘‘(B) To be considered for a waiver under this paragraph, an
educational institution shall submit to the Secretary an application
prior to the first day of the academic year for which the waiver
is sought.
‘‘(6) Not later than October 1 of each year, the Secretary shall
submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives
the following reports:
‘‘(A) A report, which shall be made publicly available, that
includes the following:
‘‘(i) A summary of each action described in paragraph
(4)(A) made during the year covered by the report,
including—
‘‘(I) the name of the educational institution;
‘‘(II) the type of action taken;
‘‘(III) the rationale for the action, including how
the educational institution was not in compliance with
this subsection;
‘‘(IV) the length of time that the educational
institution was not in such compliance; and
‘‘(V) whether the educational institution was also
not in compliance with this subsection during any of
the 2 years prior to the year covered by the report.
‘‘(ii) A summary and justifications for the waivers made
under paragraph (5) during the year covered by the report,
including the total number of waivers each educational
institution has received.
‘‘(B) A report containing the recommendations of the Sec-
retary with respect to any legislative actions the Secretary
determines appropriate to ensure that this subsection is carried
out in a manner that is consistent with the requirements that
educational institutions must meet for purposes of other depart-
ments or agencies of the Federal Government.
‘‘(7) In this subsection, the term ‘covered individual’ means
an individual who is pursuing a course of education at an edu-
cational institution under chapter 30, 31, 32, 33, or 35 of this
title, or chapter 1606 or 1607 of title 10.’’.
(b) APPLICATION DATE.—The amendment made by this section
shall take effect on June 15, 2021, and shall apply to an educational
institution beginning on August 1, 2021, except that an educational
institution may submit an application for a waiver under subsection
(f)(5) of section 3679 of title 38, United States Code, as added
by subsection (a), beginning on June 15, 2021.
H. R. 7105—19
SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS.
(a) IN GENERAL.—Subsection (b) of section 3685 of title 38,
United States Code, is amended to read as follows:
‘‘(b) Any overpayment to a veteran or eligible person with
respect to pursuit by the veteran or eligible person of a program
of education at an educational institution shall constitute a liability
of the educational institution to the United States if—
‘‘(1) the Secretary finds that the overpayment has been
made as the result of—
‘‘(A) the willful or negligent failure of an educational
institution to report, as required under this chapter or
chapter 34 or 35 of this title, to the Department of Veterans
Affairs excessive absences from a course, or discontinuance
or interruption of a course by the veteran or eligible person;
or
‘‘(B) the willful or negligent false certification by an
educational institution; or
‘‘(2) the benefit payment sent to an educational institution
on behalf of an eligible veteran or person is made pursuant
to—
‘‘(A) section 3313(h) of this title;
‘‘(B) section 3317 of this title; or
‘‘(C) section 3680(d) of this title; or
‘‘(D) section 3320(d) of this title.’’.
(b) CLARIFYING AMENDMENT.—Subsection (a) of such section
is further amended by inserting ‘‘relating to educational assistance
under a law administered by the Secretary’’ after ‘‘made to a veteran
or eligible person’’.
SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING,
SALES, AND ENROLLMENT PRACTICES.
(a) PROHIBITION ON SUBSTANTIAL MISREPRESENTATION.—
(1) IN GENERAL.—Section 3696 of title 38, United States
Code, is amended to read as follows:
‘‘§ 3696. Prohibition on certain advertising, sales, and enroll-
ment practices
‘‘(a) PROHIBITION ON ENGAGING IN SUBSTANTIAL MISREPRESEN-
TATION.—An educational institution with a course or program of
education approved under this chapter, and an entity that owns
such an educational institution, shall not engage in substantial
misrepresentation described in subsection (b).
‘‘(b) SUBSTANTIAL MISREPRESENTATION DESCRIBED.—(1)
Substantial misrepresentation described in this paragraph is
substantial misrepresentation by an educational institution, a rep-
resentative of the institution, or any person with whom the institu-
tion has an agreement to provide educational programs, marketing,
advertising, recruiting or admissions services, concerning any of
the following:
‘‘(A) The nature of the educational program of the institu-
tion, including misrepresentation regarding—
‘‘(i) the particular type, specific source, or nature and
extent, of the accreditation of the institution or a course
of education at the institution;
‘‘(ii) whether a student may transfer course credits
to another institution;
H. R. 7105—20
‘‘(iii) conditions under which the institution will accept
transfer credits earned at another institution;
‘‘(iv) whether successful completion of a course of
instruction qualifies a student—
‘‘(I) for acceptance to a labor union or similar
organization; or
‘‘(II) to receive, to apply to take, or to take an
examination required to receive a local, State, or Fed-
eral license, or a nongovernmental certification
required as a precondition for employment, or to per-
form certain functions in the States in which the edu-
cational program is offered, or to meet additional condi-
tions that the institution knows or reasonably should
know are generally needed to secure employment in
a recognized occupation for which the program is rep-
resented to prepare students;
‘‘(v) the requirements for successfully completing the
course of study or program and the circumstances that
would constitute grounds for terminating the student’s
enrollment;
‘‘(vi) whether the courses of education at the institution
are recommended or have been the subject of unsolicited
testimonials or endorsements by—
‘‘(I) vocational counselors, high schools, colleges,
educational organizations, employment agencies, mem-
bers of a particular industry, students, former stu-
dents, or others; or
‘‘(II) officials of a local or State government or
the Federal Government;
‘‘(vii) the size, location, facilities, or equipment of the
institution;
‘‘(viii) the availability, frequency, and appropriateness
of the courses of education and programs to the employment
objectives that the institution states the courses and pro-
grams are designed to meet;
‘‘(ix) the nature, age, and availability of the training
devices or equipment of the institution and the appropriate-
ness to the employment objectives that the institution
states the courses and programs are designed to meet;
‘‘(x) the number, availability, and qualifications,
including the training and experience, of the faculty and
other personnel of the institution;
‘‘(xi) the availability of part-time employment or other
forms of financial assistance;
‘‘(xii) the nature and availability of any tutorial or
specialized instruction, guidance and counseling, or other
supplementary assistance the institution will provide stu-
dents before, during, or after the completion of a course
of education;
‘‘(xiii) the nature or extent of any prerequisites estab-
lished for enrollment in any course of education;
‘‘(xiv) the subject matter, content of the course of edu-
cation, or any other fact related to the degree, diploma,
certificate of completion, or any similar document that
the student is to be, or is, awarded upon completion of
the course of education; and
H. R. 7105—21
‘‘(xv) whether the degree that the institution will confer
upon completion of the course of education has been author-
ized by the appropriate State educational agency, including
with respect to cases where the institution fails to disclose
facts regarding the lack of such authorization in any adver-
tising or promotional materials that reference such degree.
‘‘(B) The financial charges of the institution, including mis-
representation regarding—
‘‘(i) offers of scholarships to pay all or part of a course
charge;
‘‘(ii) whether a particular charge is the customary
charge at the institution for a course;
‘‘(iii) the cost of the program and the refund policy
of the institution if the student does not complete the
program;
‘‘(iv) the availability or nature of any financial assist-
ance offered to students, including a student’s responsibility
to repay any loans, regardless of whether the student is
successful in completing the program and obtaining employ-
ment; and
‘‘(v) the student’s right to reject any particular type
of financial aid or other assistance, or whether the student
must apply for a particular type of financial aid, such
as financing offered by the institution.
‘‘(C) The employability of the graduates of the institution,
including misrepresentation regarding—
‘‘(i) the relationship of the institution with any
organization, employment agency, or other agency pro-
viding authorized training leading directly to employment;
‘‘(ii) the plans of the institution to maintain a place-
ment service for graduates or otherwise assist graduates
to obtain employment;
‘‘(iii) the knowledge of the institution about the current
or likely future conditions, compensation, or employment
opportunities in the industry or occupation for which the
students are being prepared;
‘‘(iv) job market statistics maintained by the Federal
Government in relation to the potential placement of the
graduates of the institution; and
‘‘(v) other requirements that are generally needed to
be employed in the fields for which the training is provided,
such as requirements related to commercial driving licenses
or permits to carry firearms, and failing to disclose factors
that would prevent an applicant from qualifying for such
requirements, such as prior criminal records or preexisting
medical conditions.
‘‘(2) In this subsection:
‘‘(A) The term ‘misleading statement’ includes any commu-
nication, action, omission, or intimation made in writing, vis-
ually, orally, or through other means, that has the likelihood
or tendency to mislead the intended recipient of the communica-
tion under the circumstances in which the communication is
made. Such term includes the use of student endorsements
or testimonials for an educational institution that a student
gives to the institution either under duress or because the
institution required the student to make such an endorsement
or testimonial to participate in a program of education.
H. R. 7105—22
‘‘(B) The term ‘misrepresentation’ means any false, erro-
neous, or misleading statement, action, omission, or intimation
made directly or indirectly to a student, a prospective student,
the public, an accrediting agency, a State agency, or to the
Secretary by an eligible institution, one of its representatives,
or any person with whom the institution has an agreement
to provide educational programs, marketing, advertising,
recruiting or admissions services.
‘‘(C) The term ‘substantial misrepresentation’ means mis-
representation in which the person to whom it was made could
reasonably be expected to rely, or has reasonably relied, to
that person’s detriment.
‘‘(c) LIMITATION ON CERTAIN COMMISSIONS, BONUSES, AND
OTHER INCENTIVE PAYMENTS.—An educational institution with a
course or program of education approved under this chapter, and
an entity that owns such an educational institution, shall not pro-
vide any commission, bonus, or other incentive payment based
directly or indirectly on success in securing enrollments or financial
aid to any persons or entities engaged in any student recruiting
or admission activities or in making decisions regarding the award
of student financial assistance.
‘‘(d) REQUIREMENT TO MAINTAIN RECORDS.—(1) To ensure
compliance with this section, any educational institution offering
courses approved for the enrollment of eligible persons or veterans
shall maintain a complete record of all advertising, sales, or enroll-
ment materials (and copies thereof) utilized by or on behalf of
the institution during the preceding two-year period. Such record
shall be available for inspection by the State approving agency
or the Secretary.
‘‘(2) Such materials shall include but are not limited to any
direct mail pieces, brochures, printed literature used by sales per-
sons, films, video tapes, and audio tapes disseminated through
broadcast media, material disseminated through print, digital, or
electronic media, tear sheets, leaflets, handbills, fliers, and any
sales or recruitment manuals used to instruct sales personnel,
agents, or representatives of such institution.
‘‘(e) AGREEMENT WITH FEDERAL TRADE COMMISSION.—(1) The
Secretary shall, pursuant to section 3694 of this title, enter into
an agreement with the Federal Trade Commission to utilize, where
appropriate, its services and facilities, consistent with its available
resources, in carrying out investigations and making the Under
Secretary of Benefit’s preliminary findings under subsection (g)(1).
‘‘(2) Such agreement shall provide that cases arising under
subsection (a) of this section or any similar matters with respect
to any of the requirements of this chapter or chapters 34 and
35 of this title may be referred to the Federal Trade Commission
which in its discretion will conduct an investigation and make
preliminary findings.
‘‘(3) The findings and results of any investigation under para-
graph (2) shall be referred to the Under Secretary for Benefits,
who shall take appropriate action under subsection (g) in such
cases not later than 60 days after the date of such referral.
‘‘(f) FINAL JUDGMENTS FROM OTHER FEDERAL AGENCIES.—
Whenever the Secretary becomes aware of a final judgment by
a Federal agency against an educational institution or owner of
an educational institution pertaining to substantial misrepresenta-
tion described in subsection (b) or of other credible evidence relating
H. R. 7105—23
to a violation of subsection (a), the Secretary, in partnership with
the applicable State approving agency, shall—
‘‘(1) within 30 days, alert the educational institution or
owner that it is at risk of losing approval under this chapter
of its courses or programs of education;
‘‘(2) provide the educational institution or owner 60 days
to provide any information it wishes to the Secretary;
‘‘(3) require the educational institution or owner to submit
to the Secretary a report prepared by an approved third-party
auditor of the advertising and enrollment practices of the edu-
cational institution or owner; and
‘‘(4) refer the matter to the Under Secretary of Benefits,
who may thereafter make a preliminary finding under sub-
section (g).
‘‘(g) PRELIMINARY FINDINGS, FINAL DETERMINATIONS, AND PROC-
ESSES.—(1) The Under Secretary for Benefits shall make prelimi-
nary findings and final determinations on violations of subsections
(a), (c), and (d).
‘‘(2)(A) The Under Secretary shall establish a process for making
preliminary findings and final determinations under paragraph (1).
‘‘(B) The process established under subparagraph (A) shall—
‘‘(i) clearly define what triggers an oversight visit by the
Under Secretary for purposes of enforcing subsections (a), (c),
and (d);
‘‘(ii) set forth factors an educational institution, or the
owner of the educational institution, must meet in order to
retain approval status under this section, including with respect
to the factors set forth under subsection (h)(2);
‘‘(iii) include a process for the provision of notice to an
educational institution, or the owner of the educational institu-
tion, that the Under Secretary has made a preliminary finding
under paragraph (1) that the education institution or owner
has violated subsection (a), (c), or (d), which the Under Sec-
retary shall provide to the educational institution or owner
within such period after making the preliminary finding as
the Under Secretary shall establish for purposes of this clause,
except that, in every case, such period shall end before the
date on which the Under Secretary makes a final determination
under such paragraph; and
‘‘(iv) include—
‘‘(I) a process for receipt of findings from a third-party
pertinent to this section; and
‘‘(II) a process for an educational institution or an
owner to provide such information as the educational
institution or owner determines appropriate to the Sec-
retary, including information about corrective actions the
educational institution or owner may have taken in
response to preliminary findings under paragraph (1).
‘‘(C) The process established under subparagraph (A) shall not
prohibit a State approving agency from—
‘‘(i) independently investigating a potential violation of sub-
section (a), (c), or (d); or
‘‘(ii) taking action if the State approving agency finds a
violation of subsection (a), (c), or (d).
‘‘(3) Upon a preliminary finding under this subsection of a
violation of subsection (a), (c), or (d) by an educational institution,
or the owner of an educational institution, the Under Secretary
H. R. 7105—24
shall require the educational institution or owner to submit to
the Under Secretary a report prepared by an approved third-party
auditor of the advertising and enrollment practices of the edu-
cational institution or owner.
‘‘(4)(A) Before making a final determination under this sub-
section regarding a violation of subsection (a), (c), or (d) by an
educational institution or owner of an educational institution, the
Under Secretary shall—
‘‘(i) review the practices of the educational institution or
owner that pertain to activities and practices covered by sub-
sections (a), (c), and (d);
‘‘(ii) consider the results of a risk-based survey conducted
by a State approving agency, if available; and
‘‘(iii) review—
‘‘(I) the findings and information received pursuant
to the processes established under paragraph (2)(B)(iii);
‘‘(II) in a case in which a report was submitted under
subsection (f)(3), such report;
‘‘(III) the report submitted under paragraph (3)(B) of
this subsection;
‘‘(IV) any findings and results submitted under sub-
section (e)(3);
‘‘(V) the marketing and outreach material of the edu-
cational institution and the contractors of the educational
institution.
‘‘(B) The Under Secretary may not make a final determination
under this subsection solely based on preliminary findings.
‘‘(5) The Under Secretary may not delegate authority to make
a final determination under this subsection, including to any
employee of the Department or to the Federal Trade Commission.
‘‘(h) ENFORCEMENT.—(1)(A) Upon a final determination by the
Under Secretary for Benefits under subsection (g) that an edu-
cational institution or the owner of an educational institution vio-
lated subsection (a), (c), or (d), the Under Secretary shall, but
subject to subparagraphs (B), (C), and (D) of this paragraph, take
one of the following actions independent of any actions taken under
section 3690 of this title:
‘‘(i) Publish a caution flag on the GI Bill Comparison Tool,
or successor tool, about that educational institution and alert
its currently enrolled eligible veterans and eligible persons.
‘‘(ii) Suspend the approval of the courses and programs
of education offered by the educational institution by dis-
approving new enrollments of eligible veterans and eligible
persons in each course or program of education offered by
that educational institution.
‘‘(iii) Revoke the approval of the courses and programs
of education offered by the educational institution by dis-
approving all enrollments of eligible veterans and eligible per-
sons in each course or program of education offered by that
educational institution.
‘‘(B) In deciding upon a course of action under subparagraph
(A), for the first violation of this section, the Secretary shall consider
the factors set forth in paragraph (2).
‘‘(C) Subject to subsection (i), any repeat violation and final
finding within five years of the first violation of this section shall
result in—
H. R. 7105—25
‘‘(i) a suspension of approval of new enrollments as
described in subparagraph (A)(ii) of this paragraph until
reinstatement under subsection (j); or
‘‘(ii) a revocation of approval under this chapter as
described in subparagraph (A)(iii) of this paragraph until
reinstatement under subsection (j).
‘‘(D) Subject to subsection (i), any third violation within three
years of the second violation of this section shall result in revocation
of approval under this chapter as described in subparagraph (A)(iii)
of this paragraph until reinstatement under subsection (j).
‘‘(E) Any action taken under subparagraph (A) of this paragraph
regarding a violation of subsection (a), (c), or (d) by an educational
institution or the owner of an educational institution shall be taken
on or before the date that is 180 days after the date on which
the Under Secretary provided notice to the educational institution
or owner regarding the violation in accordance with the process
established under subsection (g)(2)(B)(iii).
‘‘(2) The factors set forth in this paragraph are the following:
‘‘(A) That the Secretary’s action brings sufficient deterrence
for future fraud against students and the programs of education
carried out under this title. Fraud against veterans must be
met with a repercussion strong enough to send a deterrent
message to this and other educational institutions and owners.
‘‘(B) That the educational institution has secured an
approved third-party auditor to verify the educational institu-
tion’s, or owner’s, advertising and enrollment practices for at
least three years going forward.
‘‘(C) That the educational institution or owner has repudi-
ated the deceptive practices and has communicated to all
employees that deceptive practices will not be tolerated, and
has instituted strong governance procedures to prevent recur-
rence.
‘‘(D) That the educational institution has taken steps to
remove any pressure on its enrollment recruiters, including
by removing enrollment quotas and incentives for enrollment.
‘‘(E) That the State approving agency or the Secretary
acting in the role of the State approving agency, has completed
a risk-based survey and determined the educational institution
is worthy of serving eligible veterans and eligible persons.
‘‘(3) Enforcement action under this section shall not preclude
enforcement action under section 3690 of this title.
‘‘(4) No action may be carried out under this subsection with
respect to a final determination by the Under Secretary under
subsection (g) while such final determination is pending review
under subsection (i).
‘‘(i) APPEALS.—(1) The Secretary shall establish a process by
which an educational institution or the owner of an educational
institution that is the subject of more than one final determination
by the Under Secretary under subsection (g)(1) that the educational
institution or owner violated subsection (a), may request a review
of the most recent final determination.
‘‘(2)(A) The Secretary shall—
‘‘(i) review each final determination for which a review
is requested under paragraph (1); and
‘‘(ii) pursuant to such review, issue a final decision sus-
taining, modifying, or overturning the final determination.
H. R. 7105—26
‘‘(B) The Secretary may not delegate any decision under
subparagraph (A).
‘‘(C)(i) Review under subparagraph (A)(i) of this paragraph
shall be the exclusive avenue for review of a final determination
under subsection (g)(1).
‘‘(ii) A decision issued pursuant to a review under subparagraph
(A)(i) may not be appealed to the Secretary for review under section
7104(a) of this title.
‘‘(3)(A) Not later than 30 days after the date on which the
Secretary issues a final decision under paragraph (2)(A)(ii), the
Secretary shall submit to Congress a report on such final decision.
‘‘(B) A report submitted under subparagraph (A) shall include
the following:
‘‘(i) An outline of the decisionmaking process of the Sec-
retary that led to the final decision described in subparagraph
(A).
‘‘(ii) Any relevant material used to make the final decision
under paragraph (2)(A)(ii), including risk-based surveys and
documentation from the educational institution or the owners
of the educational institution.
‘‘(iii) Materials that were submitted to the Secretary after
the date of the final determination under subsection (g) that
was the subject of the final decision under paragraph (2)(A)(ii)
of this subsection and before the date on which the Secretary
issued such final decision.
‘‘(j) REINSTATEMENT OF APPROVAL.—(1) If an educational
institution or the owner of an educational institution has had the
approval of the courses or programs of education of the educational
institution suspended as described in clause (ii) of subsection
(h)(1)(A) or revoked as described in clause (iii) of such subsection
for a violation of subsection (a), (c), or (d) pursuant to subparagraph
(C) or (D) of subsection (h)(1), the educational institution or owner
may submit to the applicable State approving agency or the Sec-
retary when acting as a State approving agency an application
for reinstatement of approval under this subsection.
‘‘(2) Approval under this chapter may not be reinstated under
this subsection until—
‘‘(A) the educational institution or owner submits to the
applicable State approving agency or the Secretary when acting
as a State approving agency an application for reinstatement
of approval under paragraph (1);
‘‘(B) the date that is 540 days after the date of the most
recent suspension or revocation described in paragraph (1) of
the educational institution or owner;
‘‘(C) the educational institution submits a report by an
approved third-party auditor on the advertising and enrollment
practices of the educational institution, including those of its
third-party contractors;
‘‘(D) procedures are in place to prevent any future violation
of subsection (a), (c), or (d);
‘‘(E) that the educational institution has met all factors
set forth in subsection (h)(2); and
‘‘(F) the Secretary agrees to such reinstatement.
‘‘(k) RULE OF CONSTRUCTION REGARDING STATE APPROVING
AGENCIES AND RISK-BASED SURVEYS.—Nothing in this section shall
be construed to prohibit a State approving agency from conducting
H. R. 7105—27
any risk-based survey the State approving agency considers appro-
priate at any educational institution that it considers appropriate
for oversight purposes.
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘approved third-party auditor’ means an inde-
pendent third-party auditor that is approved by the Secretary
for purposes of third-party audits under this section.
‘‘(2) The term ‘risk-based survey’ means the risk-based
survey developed under section 3673A of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3696 and inserting the following
new item:
‘‘3696. Prohibition on certain advertising, sales, and enrollment practices.’’.
(b) REQUIREMENTS FOR NONACCREDITED COURSES.—Paragraph
(10) of section 3676(c) of such title is amended to read as follows:
‘‘(10) The institution, and any entity that owns the institu-
tion, does not engage in substantial misrepresentation described
in section 3696(e) of this title. The institution shall not be
deemed to have met this requirement until the State approving
agency—
‘‘(A) has ascertained that no Federal department or
agency has taken a punitive action, not including a settle-
ment agreement, against the school for misleading or decep-
tive practices;
‘‘(B) has, if such an order has been issued, given due
weight to that fact; and
‘‘(C) has reviewed the complete record of advertising,
sales, or enrollment materials (and copies thereof) used
by or on behalf of the institution during the preceding
12-month period.’’.
(c) APPLICATION DATE.—The amendments made by this section
shall take effect on August 1, 2021.
SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE
FOR INDIVIDUALS WHO DO NOT TRANSFER CREDITS
FROM CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF
EDUCATION.
(a) IN GENERAL.—Subsection (c) of section 3699 of title 38,
United States Code, is amended to read as follows:
‘‘(c) PERIOD NOT CHARGED.—(1) The period for which, by reason
of this subsection, educational assistance is not charged against
entitlement or counted toward the applicable aggregate period
under section 3695 of this title shall not exceed the aggregate
of—
‘‘(A) the portion of the period of enrollment in the course
from which the individual did not receive credit or with respect
to which the individual lost training time, as determined under
subsection (b)(2); and
‘‘(B) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
‘‘(2)(A) An individual described in subparagraph (B) who trans-
fers fewer than 12 credits from a program of education that is
closed or disapproved as described in subsection (b)(1) shall be
deemed to be an individual who did not receive such credits, as
described in subsection (b)(2), except that the period for which
H. R. 7105—28
such individual’s entitlement is not charged shall be the entire
period of the individual’s enrollment in the program of education.
In carrying out this subparagraph, the Secretary, in consultation
with the Secretary of Education, shall establish procedures to deter-
mine whether the individual transferred credits to a comparable
course or program of education.
‘‘(B) An individual described in this subparagraph is an indi-
vidual who is enrolled in a course or program of education closed
or discontinued as described in subsection (b)(1) during the period
beginning on the date that is 120 days before the date of such
closure or discontinuance and ending on the date of such closure
or discontinuance, as the case may be.
‘‘(C) This paragraph shall apply with respect to a course or
program of education closed or discontinued before September 30,
2023.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on August 1, 2021.
SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF FOR-
PROFIT EDUCATIONAL INSTITUTIONS CONVERTED TO
NONPROFIT EDUCATIONAL INSTITUTIONS.
(a) IN GENERAL.—Subchapter II of chapter 36 of title 38, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 3699B. Treatment of certain for-profit educational institu-
tions
‘‘(a) IN GENERAL.—In the case of any for-profit educational
institution that is converted to a nonprofit educational institution,
the State approving agency or the Secretary when acting as a
State approving agency shall conduct annual risk-based surveys
of the institution during the three-year period beginning on the
date on which the educational institution is so converted.
‘‘(b) RISK-BASED SURVEY DEFINED.—In this section, the term
‘risk-based survey’ means the risk-based survey developed under
section 3673A of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 3699A the following new item:
‘‘3699B. Treatment of certain for-profit educational institutions.’’.
(c) APPLICABILITY.—Section 3699B of title 38, United States
Code, as added by subsection (a), shall apply with respect to the
conversion of a for-profit educational institution to a nonprofit edu-
cational institution that occurs on or after the date of the enactment
of this Act.
SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT
OUTREACH ACTIVITIES.
Section 3673 of title 38, United States Code, as amended by
section 1014 of this title, is further amended by adding at the
end the following new subsection:
‘‘(f) OUTREACH ACTIVITIES.—(1) A State approving agency may
conduct outreach activities if—
‘‘(A) the State approving agency has properly conducted
its enforcement and approval of courses and programs of edu-
cation under this chapter; and
‘‘(B) funds are still available to do so.
H. R. 7105—29
‘‘(2) For purposes of paragraph (1)(A), a State approving agency
shall be considered to have properly conducted its enforcement
and approval of courses and programs of education under this
chapter if the State approving agency has—
‘‘(A) met fulfilled its requirements pursuant to the
applicable cooperative agreements between the State approving
agency and the Department relating to the oversight and
approval of courses and programs of education under this
chapter; and
‘‘(B) completed a risk-based survey of any course or program
of education determined to be of questionable quality or at
risk by any Federal or State agency or any accrediting agency.
‘‘(3) Outreach activities conducted under paragraph (1) shall
be carried out using amounts derived from amounts not specifically
appropriated to carry out this subsection.’’.
SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF
STATE APPROVING AGENCIES.
(a) IN GENERAL.—Section 3671 of title 38, United States Code,
is amended by adding at the end the following new subsection:
‘‘(c) A State department or agency may not be recognized as
a State approving agency designated under this section if such
State department or agency is administered at or colocated with
a university or university system whose courses or programs of
education would be subject to approval under this chapter by the
State approving agency in that State.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date of
the enactment of this Act.
SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING
AND REHABILITATION FOR CERTAIN VETERANS WITH
SERVICE-CONNECTED DISABILITIES.
(a) IN GENERAL.—Section 3103 of title 38, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘or (e)’’ and inserting
‘‘(e), or (g)’’; and
(2) by adding at the end the following new subsection:
‘‘(g) Subsection (a) shall not apply to a veteran who was dis-
charged or released from active military, naval, or air service on
or after January 1, 2013.’’.
(b) CONFORMING AMENDMENT.—Section 6(c) of the Student Vet-
eran Coronavirus Response Act of 2020 (134 Stat. 633; Public Law
116–140) is amended by striking paragraph (1).
Subtitle B—Pandemic Assistance
SEC. 1101. DEFINITIONS.
In this subtitle:
(1) COVERED PROGRAM OF EDUCATION.—The term ‘‘covered
program of education’’ means a program of education (as defined
in section 3002 of title 38, United States Code) approved by
a State approving agency, or the Secretary of Veterans Affairs
when acting in the role of a State approving agency.
(2) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emer-
gency’’ means the public health emergency declared pursuant
to section 319 of the Public Health Service Act on January
H. R. 7105—30
31, 2020, entitled ‘‘Determination that a Public Health Emer-
gency Exists Nationwide as the Result of the 2019 Novel
Coronavirus’’.
(3) EDUCATIONAL INSTITUTION.—The term ‘‘educational
institution’’ has the meaning given that term in section 3452(c)
of title 38, United States Code, and includes an institution
of higher learning (as defined in such section).
(4) STATE APPROVING AGENCY.—The term ‘‘State approving
agency’’ has the meaning given that term in section 3671 of
title 38, United States Code.
(5) TRAINING ESTABLISHMENT.—The term ‘‘training
establishment’’ has the meaning given that term in section
3452(e) of title 38, United States Code.
(6) TRAINING.—The term ‘‘training’’ includes on-job training
and apprenticeship programs and vocational rehabilitation pro-
grams.
SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS
EDUCATIONAL ASSISTANCE BENEFITS DURING COVID–19
EMERGENCY.
(a) AUTHORITY.—If the Secretary of Veterans Affairs determines
under subsection (c) that an individual is negatively affected by
the COVID–19 emergency, the Secretary may provide educational
assistance to that individual under the laws administered by the
Secretary as if such negative effects did not occur. The authority
under this section is in addition to the authority provided under
section 1 of Public Law 116–128 (38 U.S.C. 3001 note prec.), but
in no case may the Secretary provide more than a total of four
weeks of additional educational assistance by reason of section
4 of the Student Veteran Coronavirus Response Act of 2020 (Public
Law 116–140; 38 U.S.C. 3680 note) and this section.
(b) HOUSING AND ALLOWANCES.—In providing educational
assistance to an individual pursuant to subsection (a), the Secretary
may—
(1) continue to pay a monthly housing stipend under
chapter 33 of title 38, United States Code, during a month
the individual would have been enrolled in a program of edu-
cation or training but for the COVID–19 emergency at the
same rate such stipend would have been payable if the indi-
vidual had not been negatively affected by the COVID–19 emer-
gency, except that the total number of weeks for which stipends
may continue to be so payable may not exceed four weeks;
and
(2) continue to pay payments or subsistence allowances
under chapters 30, 31, 32, 33, and 35 of such title and chapter
1606 of title 10, United States Code, during a month for a
period of time that the individual would have been enrolled
in a program of education or training but for the COVID–
19 emergency, except that the total number of weeks for which
payments or allowances may continue to be so payable may
not exceed four weeks.
(c) DETERMINATION OF NEGATIVE EFFECTS.—The Secretary shall
determine that an individual was negatively affected by the COVID–
19 emergency if—
(1) the individual is enrolled in a covered program of edu-
cation of an educational institution or enrolled in training at
a training establishment and is pursuing such program or
H. R. 7105—31
training using educational assistance under the laws adminis-
tered by the Secretary;
(2) the educational institution or training establishment
certifies to the Secretary that such program or training is
truncated, delayed, relocated, canceled, partially canceled, con-
verted from being on-site to being offered by distance learning,
or otherwise modified or made unavailable by reason of the
COVID–19 emergency; and
(3) the Secretary determines that the modification to such
program or training specified under paragraph (2) would reduce
the amount of educational assistance (including with respect
to monthly housing stipends, payments, or subsistence allow-
ances) that would be payable to the individual but for the
COVID–19 emergency.
(d) EFFECT ON ENTITLEMENT PERIOD.—If the Secretary deter-
mines that an individual who received assistance under this section
did not make progress toward the completion of the program of
education in which the individual is enrolled during the period
for which the individual received such assistance, any assistance
provided pursuant to this section shall not be counted for purposes
of determining the total amount of an individual’s entitlement to
educational assistance, housing stipends, or payments or subsist-
ence allowances under chapters 30, 31, 32, and 35 of such title
and chapter 1606 of title 10, United States Code.
(e) APPLICABILITY PERIOD.—This section shall apply during the
period beginning on March 1, 2020, and ending on December 21,
2021.
SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND
MODIFICATION OF COURSES BY REASON OF COVID–19
EMERGENCY.
(a) CLOSURE OR DISAPPROVAL.—Any payment of educational
assistance described in subsection (b) shall not—
(1) be charged against any entitlement to educational
assistance of the individual concerned; or
(2) be counted against the aggregate period for which sec-
tion 3695 of title 38, United States Code, limits the receipt
of educational assistance by such individual.
(b) EDUCATIONAL ASSISTANCE DESCRIBED.—Subject to sub-
section (d), the payment of educational assistance described in
this subsection is the payment of such assistance to an individual
for pursuit of a course or program of education at an educational
institution under chapter 30, 31, 32, 33, or 35 of title 38, United
States Code, or chapter 1606 of title 10, United States Code, if
the Secretary determines that the individual—
(1) was unable to complete such course or program as
a result of—
(A) the closure of the educational institution, or the
full or partial cancellation of a course or program of edu-
cation, by reason of the COVID–19 emergency; or
(B) the disapproval of the course or a course that
is a necessary part of that program under chapter 36
of title 38, United States Code, because the course was
modified by reason of such emergency; and
(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
H. R. 7105—32
(c) HOUSING ASSISTANCE.—In this section, educational assist-
ance includes, as applicable—
(1) monthly housing stipends payable under chapter 33
of title 38, United States Code, for any month the individual
would have been enrolled in a course or program of education;
and
(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of such title and chapter 1606 of title 10,
United States Code, during a month the individual would have
been enrolled in a course or program of education.
(d) PERIOD NOT CHARGED.—The period for which, by reason
of this subsection, educational assistance is not charged against
entitlement or counted toward the applicable aggregate period
under section 3695 of title 38, United States Code, shall not exceed
the aggregate of—
(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with respect
to which the individual lost training time, as determined under
subsection (b)(2); and
(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of title 38, United States Code.
(e) CONTINUING PURSUIT OF DISAPPROVED COURSES.—
(1) IN GENERAL.—The Secretary may treat a course of edu-
cation that is disapproved under chapter 36 of title 38, United
States Code, as being approved under such chapter with respect
to an individual described in paragraph (2) if the Secretary
determines, on a programmatic basis, that—
(A) such disapproval is the result of an action described
in subsection (b)(1)(B); and
(B) continuing pursuing such course is in the best
interest of the individual.
(2) INDIVIDUAL DESCRIBED.—An individual described in this
paragraph is an individual who is pursuing a course of edu-
cation at an educational institution under chapter 30, 31, 32,
33, or 35 of title 38, United States Code, or chapter 1606
of title 10, United States Code, as of the date on which the
course is disapproved as described in subsection (b)(1)(B).
(f) STATUS AS FULL-TIME STUDENT FOR PURPOSES OF HOUSING
STIPEND CALCULATION.—In the case of an individual who, as of
the first day of the COVID–19 emergency was enrolled on a full-
time basis in a program of education and was receiving educational
assistance under chapter 33 of title 38, United States Code, or
subsistence allowance under chapter 31 of such title, and for whom
the Secretary makes a determination under subsection (b), the
individual shall be treated as an individual enrolled in a program
of education on a full-time basis for the purpose of calculating
monthly housing stipends payable under chapter 33 of title 38,
United States Code, or subsistence allowance payable under chapter
31 of such title, for any month the individual is enrolled in the
program of education on a part-time basis to complete any course
of education that was partially or fully canceled by reason of the
COVID–19 emergency.
(g) NOTICE OF CLOSURES.—Not later than 5 business days
after the date on which the Secretary receives notice that an edu-
cational institution will close or is closed by reason of the COVID–
19 emergency, the Secretary shall provide to each individual who
is enrolled in a course or program of education at such educational
H. R. 7105—33
institution using entitlement to educational assistance under
chapter 30, 31, 32, 33, or 35 of title 38, United States Code,
or chapter 1606 of title 10, United States Code, notice of—
(1) such closure and the date of such closure; and
(2) the effect of such closure on the individual’s entitlement
to educational assistance pursuant to this section.
(h) APPLICABILITY.—This section shall apply with respect to
the closure of an educational institution, or the cancellation or
modification of a course or program of education, that occurs during
the period beginning on March 1, 2020, and ending on December
21, 2021.
SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF
WITHDRAWAL.
(a) IN GENERAL.—In the case of any individual who withdraws
from a program of education or training, other than a program
by correspondence, in an educational institution under chapter 31,
34, or 35 of title 38, United States Code, for a covered reason
during the period beginning on March 1, 2020, and ending on
December 21, 2021, the Secretary of Veterans Affairs shall find
mitigating circumstances for purposes of section 3680(a)(1)(C)(ii)
of title 38, United States Code.
(b) COVERED REASON.—In this section, the term ‘‘covered rea-
son’’ means any reason related to the COVID–19 emergency,
including—
(1) illness, quarantine, or social distancing requirements;
(2) issues associated with COVID–19 testing accessibility;
(3) access or availability of childcare;
(4) providing care for a family member or cohabitants;
(5) change of location or residence due to COVID–19 or
associated school closures;
(6) employment changes or financial hardship; and
(7) issues associated with changes in format or medium
of instruction.
SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE OF ENTITLE-
MENT.
(a) MONTGOMERY GI BILL.—The subsection (i) temporarily
added to section 3031 of title 38, United States Code, by subsection
(a) of section 6 of the Student Veteran Coronavirus Response Act
of 2020 (Public Law 116–140) is amended—
(1) in paragraph (1), by striking ‘‘the period the individual
is so prevented from pursuing such program’’ and inserting
‘‘the period beginning on March 1, 2020, and ending on
December 21, 2021’’; and
(2) in paragraph (2), by striking ‘‘the first day after the
individual is able to resume pursuit of a program of education
with educational assistance under this chapter’’ and inserting
‘‘December 22, 2021’’.
(b) VOCATIONAL REHABILITATION AND TRAINING.—The sub-
section (g) temporarily added to section 3103 of title 38, United
States Code, by subsection (c) of such section 6 is amended—
(1) in paragraph (1), by striking ‘‘the period the individual
is so prevented from participating such program’’ and inserting
‘‘the period beginning on March 1, 2020, and ending on
December 21, 2021’’; and
H. R. 7105—34
(2) in paragraph (2), by striking ‘‘the first day after the
individual is able to resume participation in such program’’
and inserting ‘‘December 22, 2021’’.
SEC. 1106. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.
(a) IN GENERAL.—During the period described in subsection
(b), subsection (e) of section 3687 of title 38, United States Code,
shall be applied by substituting the following for paragraph (2):
‘‘(2)(A) Subject to subparagraphs (B) and (C), for any month
in which an individual fails to complete 120 hours of training,
the entitlement otherwise chargeable under paragraph (1) shall
be reduced in the same proportion as the monthly training
assistance allowance payable is reduced under subsection (b)(3).
‘‘(B) In the case of an individual who is unemployed during
any month, the 120-hour requirement under subparagraph (A)
for that month shall be reduced proportionately to reflect the
individual’s period of unemployment, except that the amount
of monthly training assistance otherwise payable to the indi-
vidual under subsection (b)(3) shall not be reduced.
‘‘(C) Any period during which an individual is unemployed
shall not—
‘‘(i) be charged against any entitlement to educational
assistance of the individual; or
‘‘(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
‘‘(D) Any amount by which the entitlement of an individual
is reduced under subparagraph (A) shall not—
‘‘(i) be charged against any entitlement to educational
assistance of the individual; or
‘‘(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
‘‘(E) In the case of an individual who fails to complete
120 hours of training during a month, but who completed
more than 120 hours of training during the preceding month,
the individual may apply the number of hours in excess of
120 that the individual completed for that month to the month
for which the individual failed to complete 120 hours. If the
addition of such excess hours results in a total of 120 hours
or more, the individual shall be treated as an individual who
has completed 120 hours of training for that month. Any excess
hours applied to a different month under this subparagraph
may only be applied to one such month.
‘‘(F) This paragraph applies to amounts described in section
3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section
16131(d)(2) of title 10.
‘‘(G) In this paragraph:
‘‘(i) The term ‘unemployed’ includes being furloughed
or being scheduled to work zero hours.
‘‘(ii) The term ‘fails to complete 120 hours of training’
means, with respect to an individual, that during any
month, the individual completes at least one hour, but
fewer than 120 hours, of training, including in a case
in which the individual is unemployed for part of, but
not the whole, month.’’.
H. R. 7105—35
(b) APPLICABILITY PERIOD.—The period described in this section
is the period beginning on March 1, 2020, and ending on December
21, 2021.
SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN
PROVISIONS RELATED TO COVID–19 EMERGENCY.
(a) CONTINUATION OF BENEFITS.—Section 1 of Public Law 116–
128 is amended—
(1) in subsection (a), by inserting ‘‘or a training establish-
ment’’ after ‘‘an educational institution’’; and
(2) in subsection (c), by adding at the end the following
new paragraph:
‘‘(4) TRAINING ESTABLISHMENT.—The term ‘training
establishment’ has the meaning given such term in section
3452(e) of title 38, United States Code.’’.
(b) PAYMENT OF ALLOWANCES.—Section 4(a)(1) of the Student
Veteran Coronavirus Response Act of 2020 (Public Law 116–140;
38 U.S.C. 3680 note) is amended by inserting ‘‘or a training
establishment’’ after ‘‘educational institution’’.
(c) PROHIBITION OF CHARGE TO ENTITLEMENT.—The subpara-
graph (C) temporarily added to section 3699(b)(1) of title 38, United
States Code, by section 5 of the Student Veteran Coronavirus
Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3699 note)
is amended by inserting ‘‘or training establishment’’ after ‘‘edu-
cational institution’’.
(d) EXTENSION OF TIME LIMITATIONS.—
(1) MGIB.—The subsection (i) temporarily added to section
3031 of title 38, United States Code, by subsection (a) of section
6 of the Student Veteran Coronavirus Response Act of 2020
(Public Law 116–140), as amended by section 1105 of this
title, is further amended by inserting ‘‘or training establish-
ment’’ after ‘‘educational institution’’.
(2) TRANSFER PERIOD.—The subparagraph (C) temporarily
added to section 3319(h)(5) of such title by section 6 of the
Student Veteran Coronavirus Response Act of 2020 (Public
Law 116–140) is amended by inserting ‘‘or training establish-
ment’’ after ‘‘educational institution’’.
SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STU-
DENT VETERAN CORONAVIRUS RESPONSE ACT.
Section 4 of the Student Veteran Coronavirus Response Act
of 2020 (Public Law 116–140) is amended—
(1) in subsection (b)—
(A) by striking ‘‘may not exceed four weeks.’’ and
inserting ‘‘may not exceed the shorter of the following:’’;
and
(B) by adding at the end the following new paragraphs:
‘‘(1) The period of time that the eligible veteran or eligible
person would have been enrolled in a program of education
or training but for the emergency situation.
‘‘(2) Four weeks.’’; and
(2) by adding at the end the following new subsection:
‘‘(e) ENTITLEMENT NOT CHARGED.—Any payment of allowances
under this section shall not—
‘‘(1) be charged against any entitlement to educational
assistance of the eligible veteran or eligible person concerned;
or
H. R. 7105—36
‘‘(2) be counted against the aggregate period for which
section 3695 of this title 38, United States Code, limits the
receipt of educational assistance by such eligible veteran or
eligible person.’’.
TITLE II—BENEFITS
Subtitle A—Benefits Generally
SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR PURPOSES
OF THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
Section 101(29)(A) of title 38, United States Code, is amended
by striking ‘‘February 28, 1961’’ and inserting ‘‘November 1, 1955’’.
SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS
AFFAIRS MEDICAL DISABILITY EXAMINATIONS.
(a) TEMPORARY CLARIFICATION OF LICENSURE REQUIREMENTS
FOR CONTRACTOR MEDICAL PROFESSIONALS TO PERFORM MEDICAL
DISABILITY EXAMINATIONS FOR THE DEPARTMENT OF VETERANS
AFFAIRS UNDER PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS
FOR DISABILITY EXAMINATIONS.—
(1) IN GENERAL.—Subsection (c) of section 504 of the Vet-
erans’ Benefits Improvements Act of 1996 (Public Law 104–
275; 38 U.S.C. 5101 note) is amended to read as follows:
‘‘(c) LICENSURE OF CONTRACT HEALTH CARE PROFESSIONALS.—
‘‘(1) IN GENERAL.—Notwithstanding any law regarding the
licensure of health care professionals, a health care professional
described in paragraph (2) may conduct an examination pursu-
ant to a contract entered into under subsection (a) at any
location in any State, the District of Columbia, or a Common-
wealth, territory, or possession of the United States, so long
as the examination is within the scope of the authorized duties
under such contract.
‘‘(2) HEALTH CARE PROFESSIONAL DESCRIBED.—A health care
professional described in this paragraph is a physician, physi-
cian assistant, nurse practitioner, audiologist, or psychologist,
who—
‘‘(A) has a current unrestricted license to practice the
health care profession of the physician, physician assistant,
nurse practitioner, audiologist, or psychologist, as the case
may be;
‘‘(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United
States; and
‘‘(C) is performing authorized duties for the Depart-
ment of Veterans Affairs pursuant to a contract entered
into under subsection (a).’’.
(2) PURPOSE.—The purpose of the amendment made by
paragraph (1) is to expand the license portability for physicians
assistants, nurse practitioners, audiologists, and psychologists
to supplement the capacity of employees of the Department
to provide medical examinations described in subsection (b).
H. R. 7105—37
(3) RULE OF CONSTRUCTION.—The amendment made by
paragraph (1) shall not be construed to affect the license port-
ability for physicians in effect under section 504(c) of such
Act as in effect on the day before the date of the enactment
of this Act.
(4) SUNSET.—On the date that is three years after the
date of the enactment of this Act, subsection (c) of such section
shall read as it read on the day before the date of the enactment
of this Act.
(b) TEMPORARY HALT ON ELIMINATION OF MEDICAL EXAMINER
POSITIONS IN DEPARTMENT OF VETERANS AFFAIRS.—The Secretary
of Veterans Affairs shall temporarily suspend the efforts of the
Secretary in effect on the day before the date of the enactment
of this Act to eliminate medical examiner positions in the Depart-
ment of Veterans Affairs until the number of individuals awaiting
a medical examination with respect to medical disability of the
individuals for benefits under laws administered by the Secretary
that are carried out through the Under Secretary for Benefits
is equal to or less than the number of such individuals who were
awaiting such a medical examination with respect to such purposes
on March 1, 2020.
(c) REPORT ON PROVISION OF MEDICAL EXAMINATIONS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report on the provi-
sion of medical examinations described in subsection (b) by
the Department.
(2) CONTENTS.—The report submitted under paragraph (1)
shall cover the following:
(A) How the Secretary will increase the capacity, effi-
ciency, and timeliness of physician assistants, nurse practi-
tioners, audiologists, and psychologists of the Veterans
Health Administration with respect to completing medical
examinations described in subsection (b).
(B) The total number of full-time equivalent employees
among all physician assistants, nurse practitioners, audiol-
ogists, and psychologists needed for the increases described
in subparagraph (A).
(C) An assessment regarding the importance of
retaining a critical knowledge base within the Department
for performing medical examinations for veterans filing
claims for compensation under chapters 11 and 13 of title
38, United States Code, including with respect to military
sexual trauma, post-traumatic stress disorder, traumatic
brain injury, and toxic exposure.
(3) COLLABORATION.—The Secretary shall collaborate with
the veterans community and stakeholders in the preparation
of the report required by paragraph (1).
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Veterans’ Affairs and the Com-
mittee on Appropriations of the Senate; and
(B) the Committee on Veterans’ Affairs and the Com-
mittee on Appropriations of the House of Representatives.
(d) COMPTROLLER GENERAL OF THE UNITED STATES REVIEW.—
H. R. 7105—38
(1) REVIEW REQUIRED.—Not later than 360 days after the
date of the enactment of this Act, the Comptroller General
of the United States shall commence a review of the
implementation of the pilot program authorized under sub-
section (a) of section 504 of the Veterans’ Benefits Improve-
ments Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note).
(2) ELEMENTS.—The review conducted under paragraph (1)
shall include the following:
(A) An assessment of the use of subsection (c) of section
504 of such Act, as amended by subsection (a)(1) of this
section.
(B) Efforts to retain and recruit medical examiners
as employees of the Department.
(C) Use of telehealth for medical examinations
described in subsection (b) that are administered by the
Department.
(e) BRIEFING ON RECOMMENDATIONS OF COMPTROLLER GENERAL
OF THE UNITED STATES.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall provide to the
Committee on Veterans’ Affairs of the Senate and the Committee
on Veterans’ Affairs of the House of Representatives a briefing
on how the Secretary will implement the recommendations of the
Comptroller General of the United States regarding—
(1) the monitoring of the training of providers of examina-
tions pursuant to contracts under section 504 of the Veterans’
Benefits Improvements Act of 1996 (Public Law 104–275; 38
U.S.C. 5101 note); and
(2) ensuring such providers receive such training.
(f) HOLDING UNDERPERFORMING CONTRACT MEDICAL EXAM-
INERS ACCOUNTABLE.—The Secretary shall take such actions as
may be necessary to hold accountable the providers of medical
examinations pursuant to contracts under section 504 of the Vet-
erans’ Benefits Improvements Act of 1996 (Public Law 104–275;
38 U.S.C. 5101 note) who are underperforming in the meeting
of the needs of veterans through the performance of medical
examinations pursuant to such contracts.
SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SURVIVING
SPOUSES.
(a) CODIFICATION OF CURRENT RATE OF SPECIAL PENSION.—
Subsection (a) of section 1562 of title 38, United States Code,
is amended by striking ‘‘$1,000’’ and inserting ‘‘$1,388.68’’.
(b) SPECIAL PENSION FOR SURVIVING SPOUSES.—
(1) SURVIVING SPOUSE BENEFIT.—Such subsection is further
amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2)(A) Except as provided in subparagraphs (B) and (C), the
Secretary shall pay special pension under this section to the sur-
viving spouse of a person whose name has been entered on the
Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
and a copy of whose certificate has been delivered to the Secretary
under section 1134a(d) of title 10.
‘‘(B) No special pension shall be paid to a surviving spouse
of a person under this section unless such surviving spouse was
married to such person—
H. R. 7105—39
‘‘(i) for one year or more prior to the veteran’s death;
or
‘‘(ii) for any period of time if a child was born of the
marriage, or was born to them before the marriage.
‘‘(C) No special pension shall be paid to a surviving spouse
of a person under this section if such surviving spouse is receiving
benefits under section 1311 or 1318 of this title.’’.
(2) CONFORMING AMENDMENTS.—
(A) IN GENERAL.—Such section is amended—
(i) in subsection (d), by inserting ‘‘or married to
more than one person who has been awarded a medal
of honor,’’ after ‘‘honor,’’; and
(ii) in subsection (f)(1), by striking ‘‘this section’’
and inserting ‘‘paragraph (1) of subsection (a), or under
paragraph (2) of such subsection in the case of a post-
humous entry on the Army, Navy, Air Force, and Coast
Guard Medal of Honor Roll,’’.
(B) SPECIAL PROVISIONS RELATING TO MARRIAGES.—Sec-
tion 103(d)(5) of such title is amended by adding at the
end the following new subparagraph:
‘‘(E) Section 1562(a)(2), relating to Medal of Honor special
pension.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply with respect to payment of pension under
section 1562 of title 38, United States Code, for months begin-
ning after the date of the enactment of this Act.
SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS INSUR-
ANCE.
(a) ESTABLISHMENT OF MODERNIZED PROGRAM.—
(1) IN GENERAL.—Chapter 19 of title 38, United States
Code, is amended by inserting after section 1922A the following
new section:
‘‘§ 1922B. Service-disabled veterans insurance
‘‘(a) INSURANCE.—(1) Beginning January 1, 2023, the Secretary
shall carry out a service-disabled veterans insurance program under
which a veteran is granted insurance by the United States against
the death of such individual occurring while such insurance is
in force.
‘‘(2) The Secretary may only issue whole-life policies under
the insurance program under paragraph (1).
‘‘(3) The Secretary may not grant insurance to a veteran under
paragraph (1) unless—
‘‘(A) the veteran submits the application for such insurance
before the veteran attains 81 years of age; or
‘‘(B) with respect to a veteran who has attained 81 years
of age—
‘‘(i) the veteran filed a claim for compensation under
chapter 11 of this title before attaining such age;
‘‘(ii) based on such claim, and after the veteran attained
such age, the Secretary first determines that the veteran
has a service-connected disability; and
‘‘(iii) the veteran submits the application for such insur-
ance during the two-year period following the date of such
determination.
H. R. 7105—40
‘‘(4)(A) A veteran enrolled in the insurance program under
paragraph (1) may elect to be insured in any of the following
amounts:
‘‘(i) $10,000.
‘‘(ii) $20,000.
‘‘(iii) $30,000.
‘‘(iv) $40,000.
‘‘(v) In accordance with subparagraph (B), a maximum
amount greater than $40,000.
‘‘(B) The Secretary may establish a maximum amount to be
insured under paragraph (1) that is greater than $40,000 if the
Secretary—
‘‘(i) determines that such maximum amount and the pre-
miums for such amount—
‘‘(I) are administratively and actuarially sound for the
insurance program under paragraph (1); and
‘‘(II) will not result in such program operating at a
loss; and
‘‘(ii) publishes in the Federal Register, and submits to
the Committee on Veterans’ Affairs of the Senate and the
Committee on Veterans’ Affairs of the House of Representatives,
such maximum amount and determination.
‘‘(5)(A)(i) Insurance granted under this section shall be on a
nonparticipating basis and all premiums and other collections
therefor shall be credited directly to a revolving fund in the
Treasury of the United States.
‘‘(ii) Any payments on such insurance shall be made directly
from such fund.
‘‘(B)(i) The Secretary of the Treasury may invest in and sell
and retire special interest-bearing obligations of the United States
for the account of the revolving fund under subparagraph (A).
‘‘(ii) Such obligations issued for that purpose shall—
‘‘(I) have maturities fixed with due regard for the needs
of the fund; and
‘‘(II) bear interest at a rate equal to the average market
yield (computed by the Secretary of the Treasury on the basis
of market quotations as of the end of the calendar month
preceding the date of issue) on all marketable interest-bearing
obligations of the United States then forming a part of the
public debt which are not due or callable until after the expira-
tion of four years from the end of such calendar month; except
that where such average market yield is not a multiple of
one-eighth of one per centum, the rate of interest of such
obligation shall be the multiple of one-eighth of one per centum
nearest such market yield.
‘‘(6)(A) Administrative support financed by the appropriations
for ‘General Operating Expenses, Department of Veterans Affairs’
and ‘Information Technology Systems, Department of Veterans
Affairs’ for the insurance program under paragraph (1) shall be
paid from premiums credited to the fund under paragraph (5).
‘‘(B) Such payment for administrative support shall be
reimbursed for that fiscal year from funds that are available on
such insurance after claims have been paid.
‘‘(b) ELIGIBILITY.—A veteran is eligible to enroll in the insurance
program under subsection (a)(1) if the veteran has a service-con-
nected disability, without regard to—
H. R. 7105—41
‘‘(1) whether such disability is compensable under chapter
11 of this title; or
‘‘(2) whether the veteran meets standards of good health
required for other life insurance policies.
‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1) An eligible veteran
may enroll in the insurance program under subsection (a)(1) at
any time.
‘‘(2) The life insurance policy of a veteran who enrolls in the
insurance program under subsection (a)(1) does not go into force
unless—
‘‘(A) a period of two years elapses following the date of
such enrollment; and
‘‘(B) the veteran pays the premiums required during such
two-year period.
‘‘(3)(A) If a veteran dies during the two-year period described
in paragraph (2), the Secretary shall pay to the beneficiary of
the veteran the amount of premiums paid by the veteran under
this section, plus interest.
‘‘(B) The Secretary—
‘‘(i) for the initial year of the insurance program under
subsection (a)(1)—
‘‘(I) shall set such interest at a rate of one percent;
and
‘‘(II) may adjust such rate during such year based
on program experience, except that the interest rate may
not be less than zero percent;
‘‘(ii) for the second and each subsequent year of the pro-
gram, shall calculate such interest at an annual rate equal
to the rate of return on the revolving fund under subsection
(a)(5) for the calendar year preceding the year of the veteran’s
death, except that the interest rate may not be less than
zero percent; and
‘‘(iii) on an annual basis, shall publish on the internet
website of the Department the average interest rate calculated
under clause (ii) for the preceding calendar year.
‘‘(d) PREMIUMS.—(1) The Secretary shall establish a schedule
of basic premium rates by age per $10,000 of insurance under
subsection (a)(1) consistent with basic premium rates generally
charged for guaranteed acceptance life insurance policies by private
life insurance companies.
‘‘(2) The Secretary may adjust such schedule after the first
policy year in a manner consistent with the general practice of
guaranteed acceptance life insurance policies issued by private life
insurance companies.
‘‘(3) Section 1912 of this title shall not apply to life insurance
policies under subsection (a)(1), and the Secretary may not other-
wise waive premiums for such insurance policies.
‘‘(e) BENEFICIARIES.—(1) A veteran who enrolls in the insurance
program under subsection (a)(1) may designate a beneficiary of
the life insurance policy.
‘‘(2) If a veteran enrolled in the insurance program under
subsection (a)(1) does not designate a beneficiary under paragraph
(1) before the veteran dies, or if a designated beneficiary predeceases
the veteran, the Secretary shall determine the beneficiary in the
following order:
‘‘(A) The surviving spouse of the veteran.
H. R. 7105—42
‘‘(B) The children of the veteran and descendants of
deceased children by representation.
‘‘(C) The parents of the veteran or the survivors of the
parents.
‘‘(D) The duly appointed executor or administrator of the
estate of the veteran.
‘‘(E) Other next of kin of the veteran entitled under the
laws of domicile of the veteran at the time of the death of
the veteran.
‘‘(f) CLAIMS.—(1) If the deceased veteran designated a bene-
ficiary under subsection (e)(1)—
‘‘(A) the designated beneficiary is the only person who
may file a claim for payment under subsection (g) during the
one-year period beginning on the date of the death of the
veteran; and
‘‘(B) if the designated beneficiary does not file a claim
for the payment during the period described in paragraph (1),
or if payment to the designated beneficiary within that period
is prohibited by Federal statute or regulation, a beneficiary
described in subsection (e)(2) may file a claim for such payment
during the one-year period following the period described in
subparagraph (A) as if the designated beneficiary had pre-
deceased the veteran.
‘‘(2) If the deceased veteran did not designate a beneficiary
under subsection (e)(1), or if the designated beneficiary predeceased
the veteran, a beneficiary described in subsection (e)(2) may file
a claim for payment under subsection (g) during the two-year period
beginning on the date of the death of the veteran.
‘‘(3) If, on the date that is two years after the date of the
death of the veteran, no claim for payment has been filed by
any beneficiary pursuant to paragraph (1) or (2), and the Secretary
has not received notice that any such claim will be so filed during
the subsequent one-year period, the Secretary may make the pay-
ment to a claimant whom the Secretary determines to be equitably
entitled to such payment.
‘‘(g) PAYMENTS.—(1) In a case described in subsection (f)—
‘‘(A) in paragraph (1)(A), the Secretary shall pay the des-
ignated beneficiary not later than 90 days after the designated
beneficiary files a complete and valid claim for payment;
‘‘(B) in paragraph (1)(B) or (2), the Secretary shall make
any payment not later than one year after the end of the
period described in the applicable such paragraph, if the Sec-
retary receives a complete and valid claim for payment in
accordance with the applicable such paragraph; or
‘‘(C) in paragraph (3), the Secretary shall make any pay-
ment not later than one year after the end of the period
described in such paragraph, if the Secretary receives a com-
plete and valid claim for payment.
‘‘(2) In a case where the Secretary has not made an insurance
payment under this section during the applicable period specified
in paragraph (1) by reason of a beneficiary not yet having filed
a claim, or the Secretary not yet making a determination under
subsection (f)(3), the Secretary may make the payment after such
applicable period.
‘‘(3) Notwithstanding section 1917 of this title, the Secretary
shall make an insurance payment under this section in a lump
sum.
H. R. 7105—43
‘‘(4) The Secretary may not make an insurance payment under
this section if such payment will escheat to a State.
‘‘(5) Any payment under this subsection shall be a bar to
recovery by any other person.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1922A the following new item:
‘‘1922B. Service-disabled veterans insurance.’’.
(b) SUNSET OF PREVIOUS PROGRAM AND TRANSITION.—
(1) S–DVI.—Section 1922 of such title is amended by adding
at the end the following new subsection:
‘‘(d)(1) The Secretary may not accept any application by a
veteran to be insured under this section after December 31, 2022.
‘‘(2)(A) During the period beginning January 1, 2023, and
ending December 31, 2025, a veteran who is insured under this
section may elect to instead be insured under section 1922B of
this title based on the age of the veteran at the time of such
election.
‘‘(B)(i) A veteran who elects under subparagraph (A) to be
insured under section 1922B of this title shall be subject to the
two-year waiting period specified in subsection (c) of such section.
‘‘(ii) If the veteran dies during such period, the Secretary shall
pay the beneficiary under this section, and, if applicable, under
section 1922A, plus the amount of premiums paid by the veteran
under such section 1922B, plus interest.
‘‘(3) Except as provided by paragraph (2)(B), a veteran may
not be insured under this section and section 1922B simulta-
neously.’’.
(2) SUPPLEMENTAL S–DVI.—Section 1922A(b) of such title
is amended by adding after the period at the end the following:
‘‘The Secretary may not accept any such application after
December 31, 2022. Except as provided by section 1922(d)(2)(B),
a veteran may not have supplemental insurance under this
section and be insured under section 1922B simultaneously.’’.
(c) CONFORMING AMENDMENTS.—Chapter 19 of such title is
amended—
(1) in the section heading of section 1922, by striking
‘‘Service’’ and inserting ‘‘Legacy service’’;
(2) in the section heading of section 1922A, by striking
‘‘Supplemental’’ and inserting ‘‘Legacy supplemental’’; and
(3) in the table of sections at the beginning of such chapter
by striking the items relating to sections 1922 and 1922A
and inserting the following new items:
‘‘1922. Legacy service disabled veterans’ insurance.
‘‘1922A. Legacy supplemental service disabled veterans’ insurance for totally dis-
abled veterans.’’.
SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION
UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE.
Section 1980A of title 38, United States Code, is amended
by adding at the end the following new subsection:
‘‘(l)(1) If a claim for benefits under this section is denied,
the Secretary concerned shall provide to the member at the same
time as the member is informed of such denial a description of
the following:
H. R. 7105—44
‘‘(A) Each reason for that denial, including a description
of all the information upon which the denial is based and
a description of the applicable laws, regulations, or policies,
with appropriate citations, and an explanation of how such
laws, regulations, or policies affected the denial.
‘‘(B) Each finding that is favorable to the member.
‘‘(2) Any finding favorable to the member as described in para-
graph (1)(B) shall be binding on all subsequent reviews or appeals
of the denial of the claim, unless clear and convincing evidence
is shown to the contrary to rebut such favorable finding.’’.
SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT
QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) IN GENERAL.—Section 5101 of title 38, United States Code,
is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d)(1) The Secretary shall publish in a central location on
the internet website of the Department—
‘‘(A) the disability benefit questionnaire forms of the
Department for the submittal of evidence from non-Department
medical providers regarding a disability of a claimant, including
any form or process that replaces any such disability benefit
questionnaire form; and
‘‘(B) details about the process used by the Department
for submittal of evidence described in subparagraph (A).
‘‘(2) Subject to section 6103 of this title, if the Secretary updates
a form described in paragraph (1)(A), the Secretary shall—
‘‘(A) accept the previous version of the form filed by a
claimant if—
‘‘(i) the claimant provided to the non-Department med-
ical provider the previous version of the form before the
date on which the updated version of the form was made
available; and
‘‘(ii) the claimant files the previous version of the form
during the one-year period following the date the form
was completed by the non-Department medical provider;
‘‘(B) request from the claimant (or from a non-Department
medical provider if the claimant has authorized the provider
to share health information with the Secretary) any other
information that the updated version of the form requires;
and
‘‘(C) apply the laws and regulations required to adjudicate
the claim as if the claimant filed the updated version of the
form.
‘‘(3) The Secretary may waive any interagency approval process
required to approve a modification to a disability benefit question-
naire form if such requirement only applies by reason of the forms
being made public.’’.
(b) REPORTS BY INSPECTOR GENERAL OF THE DEPARTMENT OF
VETERANS AFFAIRS.—Not less frequently than once each year
through 2023, the Inspector General of the Department of Veterans
Affairs shall submit to Congress a report on the findings of the
Inspector General with respect to the use of the forms published
under section 5101(d)(1) of such title, as added by subsection (a).
H. R. 7105—45
(c) INITIAL FORM.—The Secretary of Veterans Affairs shall begin
carrying out section 5101(d)(1) of such title, as added by subsection
(a), by publishing, as described in such section, the form described
in such section that was in effect on January 1, 2020.
(d) ALTERNATE PROCESS.—
(1) ASSESSMENT AND REPORT.—
(A) IN GENERAL.—Subject to paragraph (2), not later
than 180 days after the date of the enactment of this
act, the Secretary shall—
(i) assess the feasibility and advisability of
replacing disability benefit questionnaire forms that
are used by non-Department medical providers to
submit to the Secretary evidence regarding a disability
of a claimant for benefits under laws administered
by the Secretary, with another consistent process that
considers evidence equally, whether provided by a
Department or a non-Department medical provider;
and
(ii) submit to Congress—
(I) a report on the findings of the Secretary
with respect to the assessment conducted under
clause (i); and
(II) if the report submitted under subclause
(I) of this clause includes a finding that replacing
the disability benefit questionnaire forms described
in clause (i) as described in such clause is feasible
and advisable, a plan to replace such forms as
described in such clause.
(B) COLLABORATION REQUIRED.—If, in carrying out the
assessment required by clause (i) of subparagraph (A),
the Secretary determines that replacing the disability ben-
efit questionnaire forms described in such clause as
described in such clause is feasible and advisable, the Sec-
retary shall collaborate with, partner with, and consider
the advice of veterans service organizations, and such other
stakeholders as the Secretary considers appropriate, on
the replacement forms and process for submitting such
forms.
(2) REQUIREMENTS.—The Secretary may only determine
under paragraph (1)(A) that replacing the forms described in
such paragraph is feasible and advisable if the Secretary cer-
tifies that—
(A) it is in the best interest of veterans to do so;
(B) the replacement process would include all the med-
ical information needed to adjudicate a claim for benefits
under laws administered by the Secretary; and
(C) the new process will ensure that all medical
information provided will be considered equally, whether
it is provided by a Department medical provider or a non-
Department medical provider.
(3) IMPLEMENTATION.—
(A) IN GENERAL.—Subject to subparagraph (B), if the
Secretary determines under paragraph (1)(A) that replacing
the forms as described in such paragraph is feasible and
advisable, the Secretary shall, not later than two years
after the date on which the Secretary submits the report
under paragraph (1)(B)(i)—
H. R. 7105—46
(i) replace the forms as described in paragraph
(1)(A);
(ii) publish such replacement pursuant to subpara-
graph (A) of section 5101(d)(1), as added by subsection
(a)(2); and
(iii) update the details under subparagraph (B)
of such section.
(B) REPORTS BY INSPECTOR GENERAL OF THE DEPART-
MENT OF VETERANS AFFAIRS.—If the Secretary replaces the
forms under subparagraph (A), the Inspector General of
the Department of Veterans Affairs shall, not later than
one year after the date that the Secretary replaces such
forms and not less frequently than once each year there-
after until the date that is three years after the date
on which the Secretary replaces such forms, submit to
Congress a report on the process that replaced such forms
that ascertains whether the process properly protects vet-
erans.
(4) LIMITATION.—The Secretary may not discontinue the
use of the disability benefit questionnaire forms described in
paragraph (1)(A) until a replacement form or process is imple-
mented.
(e) RULE OF CONSTRUCTION.—Nothing in this section or section
5101(d) of such title, as added by subsection (a), may be construed
to require the Secretary to develop any new information technology
system or otherwise require the Secretary to make any significant
changes to the internet website of the Department.
SEC. 2007. THRESHOLD FOR REPORTING DEBTS TO CONSUMER
REPORTING AGENCIES.
(a) IN GENERAL.—Chapter 53 of title 38, United States Code,
is amended by adding after section 5319 the following new section:
‘‘§ 5320. Threshold for reporting debts to consumer reporting
agencies
‘‘The Secretary shall prescribe regulations that establish the
minimum amount of a claim or debt, arising from a benefit adminis-
tered by the Under Secretary for Benefits or Under Secretary for
Health, that the Secretary will report to a consumer reporting
agency under section 3711 of title 31.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating
to section 5319 the following new item:
‘‘5320.Threshold for reporting debts to consumer reporting agencies.’’.
(c) DEADLINE.—The Secretary of Veterans Affairs shall pre-
scribe regulations under section 5320 of such title, as added by
subsection (a), not later than 180 days after the date of the enact-
ment of this Act.
SEC. 2008. REMOVAL OF DEPENDENTS FROM AWARD OF COMPENSA-
TION OR PENSION.
Beginning not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Veterans Affairs shall ensure
that—
(1) the recipient of an award of compensation or pension
may remove any dependent from an award of compensation
or pension to the individual using the eBenefits system of
H. R. 7105—47
the Department of Veterans Affairs, or a successor system;
and
(2) such removal takes effect not later than 60 days after
the date on which the recipient elects such removal.
SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COM-
PENSATION FOR SURVIVING SPOUSES WHO REMARRY
AFTER AGE 55.
Section 103(d)(2)(B) of title 38, United States Code, is amended
in the second sentence by inserting ‘‘chapter 13 or’’ after ‘‘benefits
under’’.
SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES
TO TOXICANTS AT KARSHI-KHANABAD AIR BASE IN
UZBEKISTAN.
(a) AGREEMENT AND STUDY.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall enter into an agreement with the Administrator of the Agency
for Toxic Substances and Disease Registry for the Administrator
to complete, not later than 10 years after the date of the enactment
of this Act, a study to identify—
(1) incidents of cancer and other diseases or illnesses
experienced by individuals who served in the active military,
naval, or air service (as defined in section 101 of title 38,
United States Code) in the covered location set forth under
subsection (b) during the corresponding period set forth under
such subsection; and
(2) a list of toxic substances, chemicals, ionizing radiation,
and airborne hazards such individuals may have been exposed
to during such service.
(b) COVERED LOCATION AND CORRESPONDING PERIOD.—The cov-
ered location and corresponding period set forth under this sub-
section are Karshi-Khanabad (K2) Air Base in Uzbekistan and
the period beginning on October 1, 2001, and ending on September
30, 2005.
(c) ELEMENTS.—The study conducted under subsection (a) shall
include the following:
(1) An assessment regarding the conditions of the covered
location set forth under subsection (b), including an identifica-
tion of toxic substances, chemicals, ionizing radiation, and air-
borne hazards contaminating such covered location during such
corresponding period.
(2) An epidemiological study of the health consequences
of the service described in subsection (a) to the individuals
described in such subsection.
(d) SUPPORT FOR STUDY.—
(1) IN GENERAL.—The Secretary shall provide the Adminis-
trator with assistance in carrying out the study required by
subsection (a), including by gathering such information as the
Administrator may consider useful in carrying out the study.
(2) OBTAINING INFORMATION CONCERNING EXPOSURE.—
Assistance under paragraph (1) provided by the Secretary of
Veterans Affairs shall include compiling information on expo-
sure described in subsection (a)(2) and the Secretary of Defense
shall provide to the Secretary of Veterans Affairs such informa-
tion concerning such exposure as the Secretary of Veterans
Affairs considers appropriate for purposes of the study required
H. R. 7105—48
by subsection (a), including environmental sampling data rel-
ative to any location covered by the study.
(e) BIENNIAL UPDATES.—No later than the date that is two
years after the date of the enactment of this Act and not less
frequently than once every two years thereafter until the date
on which the study required by subsection (a) is completed, the
Administrator shall submit to the appropriate committees of Con-
gress updates on the status of the matters covered by such study,
including any preliminary findings of the Administrator.
(f) FINAL REPORT.—Not later than 60 days after the date on
which the study required by subsection (a) is completed, the
Administrator shall submit to the appropriate committees of Con-
gress a report on the findings of the Administrator with respect
to such study.
(g) INCLUSION OF UZBEKISTAN IN CERTAIN REGISTRIES AND PRO-
GRAMS.—Section 201(c)(2) of the Dignified Burial and Other Vet-
erans’ Benefits Improvement Act of 2012 (Public Law 112–260;
38 U.S.C. 527 note) is amended, in the matter preceding subpara-
graph (A), by striking ‘‘Afghanistan or Iraq’’ and inserting ‘‘Afghani-
stan, Iraq, or Uzbekistan’’.
(h) DEPLETED URANIUM FOLLOW-UP PROGRAMS.—The Secretary
of Veterans Affairs shall ensure that any individual who deployed
as a member of the Armed Forces to the covered location set
forth in subsection (b) during the corresponding period set forth
in such subsection is covered by the Depleted Uranium Follow-
up Programs of the Department of Veterans Affairs.
(i) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Veterans’ Affairs and the Committee
on Armed Services of the Senate; and
(2) the Committee on Veterans’ Affairs and the Committee
on Armed Services of the House of Representatives.
SEC. 2011. COMPTROLLER GENERAL BRIEFING AND REPORT ON
REPEALING MANIFESTATION PERIOD FOR PRESUMP-
TIONS OF SERVICE CONNECTION FOR CERTAIN DISEASES
ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE
AGENTS.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Comptroller General of the United
States shall provide to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House of
Representatives a briefing on preliminary observations of the Comp-
troller General, and not later than 240 days after the date of
such briefing, provide such committees a briefing and submit to
such committees a final report, on the efforts of the Secretary
of Veterans Affairs to provide benefits, including compensation and
health care, to veterans—
(1) who during active military, naval, or air service, served
in the Republic of Vietnam during the period beginning on
January 9, 1962, and ending on May 7, 1975; and
(2) in whom chloracne, porphyria cutanea tarda, or acute
or subacute peripheral neuropathy have manifested.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
H. R. 7105—49
(1) A description of how the Secretary establishes a service
connection for a diseases described in paragraph (2) of sub-
section (a) manifesting in veterans, including the number of
veterans described in paragraph (1) of such subsection who
have filed a claim for a benefit associated with a disease
described in paragraph (2) of such subsection.
(2) A description of how claims adjudicators of the Depart-
ment of Veterans Affairs determine service connection for a
disease described in subparagraph (C) or (E) of section
1116(a)(2) of title 38, United States Code, when documentation
proving the presence of the disease during the manifestation
period set forth in such subparagraphs for the disease is not
available.
(3) A description of the expected effect of repealing the
manifestation period from such subparagraphs, including the
expected effect on the number of claims for benefits the Depart-
ment will receive, an estimate of the cost to the Department
of such repeal, and a review of the scientific evidence regarding
such repeal.
(4) A review of all claims submitted to the Secretary for
compensation under chapter 11 of such title that are associated
with a disease described in subsection (a)(2), including the
type of proof presented to establish a service connection for
the manifestation of the disease based on exposure to a herbi-
cide agent.
(5) Recommendations on how the Department can better
adjudicate claims for benefits, including compensation, sub-
mitted to the Department that are associated with a disease
described in paragraph (2) of subsection (a) for veterans
described in paragraph (1) of such subsection.
(6) An assessment of such other areas as the Comptroller
General considers appropriate to study.
(c) ADMINISTRATIVE ACTION.—Not later than 120 days after
the date on which the Comptroller General of the United States
submits the report required under subsection (a), the Secretary
shall commence carrying out the recommendations submitted under
subsection (b)(5) to the degree that the Secretary is authorized
to carry out the recommendations by a statute that was in effect
on the day before the date of the enactment of this Act.
(d) HERBICIDE AGENT DEFINED.—In this section, the term
‘‘herbicide agent’’ has the meaning given such term in section
1116(a)(3) of title 38, United States Code.
SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS
AFFAIRS TO USE INCOME INFORMATION FROM OTHER
AGENCIES.
Section 5317(g) of title 38, United States Code, is amended
by striking ‘‘September 30, 2027’’ and inserting ‘‘September 30,
2030’’.
SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended
by striking ‘‘September 30, 2028’’ and inserting ‘‘October 30, 2028’’.
H. R. 7105—50
Subtitle B—Housing
SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES FOR HOME LOANS
FROM THE SECRETARY OF VETERANS AFFAIRS.
(a) EXPANSION OF DEFINITION OF VETERAN FOR PURPOSES OF
HOME LOANS.—Section 3701(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
‘‘(7) The term ‘veteran’ also includes, for purposes of home
loans, an individual who performed full-time National Guard
duty (as that term is defined in section 101 of title 10) for
a period—
‘‘(A) of not less than 90 cumulative days; and
‘‘(B) that includes 30 consecutive days.’’.
(b) EXPANSION OF ELIGIBILITY.—Section 3702(a)(2) of such title
is amended by adding at the end the following new subparagraph:
‘‘(G) Each individual described in section 3701(b)(7) of this
title.’’.
(c) RETROACTIVE APPLICABILITY.—The amendments made by
this section shall apply with respect to full-time National Guard
duty (as defined in section 101 of title 10, United States Code)
performed before, on, or after the date of the enactment of this
Act.
SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED
BY MAJOR DISASTERS.
Section 3729(b)(4) of title 38, United States Code, is amended—
(1) by amending subparagraph (D) to read as follows:
‘‘(D)(i) The term ‘initial loan’ means a loan to a veteran
guaranteed under section 3710 or made under section 3711
of this title if the veteran has never obtained a loan guaranteed
under section 3710 or made under section 3711 of this title.
‘‘(ii) If a veteran has obtained a loan guaranteed under
section 3710 or made under section 3711 of this title and
the dwelling securing such loan was substantially damaged
or destroyed by a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170), the Secretary
shall treat as an initial loan, as defined in clause (i), the
next loan the Secretary guarantees or makes to such veteran
under section 3710 or 3711, respectively, if—
‘‘(I) such loan is guaranteed or made before the date
that is three years after the date on which the dwelling
was substantially damaged or destroyed; and
‘‘(II) such loan is only for repairs or construction of
the dwelling, as determined by the Secretary.’’; and
(2) in subparagraph (E), by striking ‘‘if the veteran has
previously obtained a loan guaranteed under section 3710 or
made under section 3711 of this title’’ and inserting ‘‘that
is not an initial loan’’.
SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES.
Section 3729(b)(2) of title 38, United States Code, is amended
by striking ‘‘October 1, 2029’’ each place it appears and inserting
‘‘October 1, 2030’’.
H. R. 7105—51
SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED
HOUSING ASSISTANCE.
Section 2102 of title 38, United States Code, is amended by
adding at the end the following new subsection:
‘‘(g)(1) Whenever the Secretary finds that an overpayment has
been made to, or on behalf of, a person described in paragraph
(2), the Secretary shall determine—
‘‘(A) the amounts to recover, if any; and
‘‘(B) who is liable to the United States for such overpay-
ment.
‘‘(2) A person described in this paragraph is any of the following:
‘‘(A) An individual who applied for assistance—
‘‘(i) under this chapter; or
‘‘(ii) under chapter 31 of this title who is pursuing
a rehabilitation program under such chapter in acquiring
adaptations to a residence.
‘‘(B) An owner or seller of real estate used, or intended
to be used, in connection with assistance under this chapter.
‘‘(C) A builder, contractor, supplier, tradesperson, corpora-
tion, trust, partnership, or other person, who provided services
or goods relating to assistance under this chapter.
‘‘(D) An attorney, escrow agent, or financial institution,
that receives, or holds in escrow, funds relating to assistance
under this chapter.
‘‘(E) A surviving spouse, heir, assignee, or successor in
interest of or to, any person described in this paragraph.
‘‘(3)(A) Any overpayment referred to in this subsection may
be recovered in the same manner as any other debt due the United
States.
‘‘(B) In recovering the overpayment, the Secretary may charge
administrative costs, fees, and interest, as appropriate, in a manner
similar to the authority under section 5315 of this title.
‘‘(4)(A) The recovery of any overpayment referred to in this
subsection may be waived by the Secretary.
‘‘(B) Waiver of any such overpayment as to a person described
in paragraph (2) shall in no way release any other person described
in such paragraph from liability.
‘‘(5) The Secretary shall waive recovery under this subsection
of any overpayment to a person described in paragraph (2)(A),
or a dependent or survivor of such person, that arises from adminis-
trative error described in paragraph (7)(A).
‘‘(6) Nothing in this subsection shall be construed as precluding
the imposition of any civil or criminal liability under this title
or any other law.
‘‘(7) The Secretary shall prescribe in regulations what con-
stitutes an overpayment for the purposes of this subsection, which,
at a minimum, shall include—
‘‘(A) administrative error that results in an individual
receiving assistance to which that individual is not entitled;
‘‘(B) the failure of any person described in paragraph (2)
to—
‘‘(i) perform or allow to be performed any act relating
to assistance under this chapter; or
‘‘(ii) compensate any party performing services or sup-
plying goods relating to assistance under this chapter; and
H. R. 7105—52
‘‘(C) any disbursement of funds relating to assistance under
this chapter, that, in the sole discretion of the Secretary, con-
stitutes a misuse of such assistance.
‘‘(8) Prior to collecting an overpayment under this subsection,
the Secretary shall provide to the person whom the Secretary has
determined liable for such overpayment—
‘‘(A) notice of the finding by the Secretary of such overpay-
ment;
‘‘(B) a reasonable opportunity for such person to remedy
the circumstances that effectuated the overpayment; and
‘‘(C) a reasonable opportunity for such person to present
evidence to the Secretary that an overpayment was not made.
‘‘(9) For the purposes of section 511 of this title, a decision
to collect an overpayment from a person other than a person
described in paragraph (2)(A), or a dependent or survivor of such
person, may not be treated as a decision that affects the provision
of benefits.’’.
Subtitle C—Burial Matters
SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO VETERANS’
CEMETERIES.
(a) IN GENERAL.—Subsection (a) of section 2308 of title 38,
United States Code, is amended by striking ‘‘in a national cemetery’’
and inserting ‘‘in a national cemetery or a covered veterans’ ceme-
tery’’.
(b) COVERED VETERANS’ CEMETERY DEFINED.—Section 2308 of
such title is amended by adding at the end the following new
subsection:
‘‘(c) COVERED VETERANS’ CEMETERY DEFINED.—In this section,
the term ‘covered veterans’ cemetery’ means a veterans’ cemetery—
‘‘(1) in which a deceased veteran described in subsection
(b) is eligible to be buried;
‘‘(2) that—
‘‘(A) is owned by a State; or
‘‘(B) is on trust land owned by, or held in trust for,
a tribal organization; and
‘‘(3) for which the Secretary has made a grant under section
2408 of this title.’’.
(c) CONFORMING AMENDMENT.—Section 2308 of such title is
amended in the section heading by adding at the end the following:
‘‘or a covered veterans’ cemetery’’.
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the item
relating to section 2308 and inserting the following new item:
‘‘2308. Transportation of deceased veteran to a national cemetery or a covered vet-
erans’ cemetery.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date that is two years after the date
of the enactment of this Act.
H. R. 7105—53
SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) FUNERAL EXPENSES FOR NON-SERVICE-CONNECTED DISABIL-
ITIES.—Chapter 23 of title 38, United States Code, is amended
as follows:
(1) By transferring subsection (b) of section 2302 to the
end of section 2303 and redesignating such subsection as sub-
section (d).
(2) By striking section 2302.
(3) In section 2303—
(A) in the section heading, by striking ‘‘Death in
Department facility’’ and inserting ‘‘Death from non-
service-connected disability’’; and
(B) in subsection (a)—
(i) in paragraph (1), by striking ‘‘a veteran dies
in a facility described in paragraph (2)’’ and inserting
‘‘a veteran described in paragraph (2) dies’’;
(ii) by striking paragraph (2) and inserting the
following new paragraph (2):
‘‘(2) A veteran described in this paragraph is a deceased veteran
who is not covered by section 2307 of this title and who meets
any of the following criteria:
‘‘(A) The deceased veteran dies in—
‘‘(i) a facility of the Department (as defined in section
1701(3) of this title) to which the deceased veteran was
properly admitted for hospital, nursing home, or domiciliary
care under section 1710 or 1711(a) of this title; or
‘‘(ii) an institution at which the deceased veteran was,
at the time of death, receiving—
‘‘(I) hospital care in accordance with sections
1703A, 8111, and 8153 of this title;
‘‘(II) nursing home care under section 1720 of this
title; or
‘‘(III) nursing home care for which payments are
made under section 1741 of this title.
‘‘(B) At the time of death, the deceased veteran (including
a person who died during a period deemed to be active military,
naval, or air service under section 106(c) of this title) is in
receipt of compensation under chapter 11 of this title (or but
for the receipt of retirement pay would have been entitled
to such compensation) or was in receipt of pension under
chapter 15 of this title.
‘‘(C) The Secretary determines—
‘‘(i) the deceased veteran (including a person who died
during a period deemed to be active military, naval, or
air service under section 106(c) of this title) has no next
of kin or other person claiming the body of the deceased
veteran; and
‘‘(ii) that there are not available sufficient resources
to cover burial and funeral expenses.’’;
(iii) in subsection (b)—
(I) in the matter preceding paragraph (1), by
striking ‘‘section 2302 of this title and’’; and
(II) in paragraph (2), by striking ‘‘under sec-
tion 2302 of this title or’’; and
H. R. 7105—54
(iv) in subsection (d), as added by paragraph (1)
of this subsection, by striking ‘‘Except as’’ and inserting
‘‘With respect to a deceased veteran described in
subparagraph (B) or (C) of subsection (a)(2), except
as’’.
(b) CONFORMING AMENDMENTS.—
(1) TITLE 38.—Such title is amended as follows:
(A) In section 2304, by striking ‘‘Applications for pay-
ments under section 2302 of this title’’ and inserting
‘‘Applications for payments under section 2303 of this title
regarding veterans described in subparagraph (B) or (C)
of subsection (a)(2) of such section’’.
(B) In section 2307, by striking ‘‘sections 2302 and
2303(a)(1) and (b)(2) of this title’’ and inserting ‘‘subsections
(a)(1) and (b)(2) of section 2303 of this title’’.
(C) In section 2308—
(i) in subsection (a), by striking ‘‘pursuant to sec-
tion 2302 or 2307 of this title,’’ and inserting ‘‘pursuant
to section 2303 of this title regarding veterans
described in subparagraph (B) or (C) of subsection
(a)(2) of such section, or pursuant to section 2307 of
this title,’’; and
(ii) in subsection (b)(3)—
(I) by striking ‘‘section 2302’’ and inserting
‘‘section 2303’’; and
(II) by striking ‘‘subsection (a)(2)(A)’’ and
inserting ‘‘subsection (a)(2)(C)’’.
(D) In section 113(c)(1), by striking ‘‘2302,’’.
(E) In section 5101(a)(1)(B)(i), by striking ‘‘2302’’ and
inserting ‘‘2303’’.
(2) EMERGENCY MEDICAL CARE.—Section 11 of the Military
Selective Service Act (50 U.S.C. 3810) is amended by striking
‘‘section 2302(a) of title 38’’ and inserting ‘‘section 2303 of
title 38, United States Code, regarding veterans described in
subparagraph (B) or (C) of subsection (a)(2) of such section’’.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the items
relating to sections 2302 and 2303 and inserting the following
new item:
‘‘2303. Death from non-service-connected disability; plot allowance.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to deaths that occur on or after the date that is two
years after the date of the enactment of this Act.
SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN
CEMETERIES THAT ARE THE SUBJECTS OF CERTAIN
GRANTS MADE BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) IN GENERAL.—Section 2306(e) of title 38, United States
Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by striking ‘‘shall’’ and inserting ‘‘may’’; and
(ii) by inserting ‘‘, or in a cemetery that is the
subject of a grant to a State or a tribal organization
H. R. 7105—55
under section 2408 of this title,’’ after ‘‘National Ceme-
tery Administration’’; and
(B) in subparagraph (C), by striking ‘‘shall’’ and
inserting ‘‘may’’; and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
‘‘(2)(A) The use of outer burial receptacles in a cemetery under
the control of the National Cemetery Administration or in a ceme-
tery that is the subject of a grant to a State or a tribal organization
under section 2408 of this title shall be in accordance with regula-
tions or procedures approved by the Secretary of Veterans Affairs.
‘‘(B) The use of outer burial receptacles in Arlington National
Cemetery shall be in accordance with regulations or procedures
approved by the Secretary of the Army.
‘‘(C) The use of outer burial receptacles in a national cemetery
administered by the National Park Service shall be in accordance
with regulations or procedures approved by the Secretary of the
Interior.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date that is two years after the date
of the enactment of this Act.
SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN
ON CERTAIN HEADSTONES AND MARKERS FURNISHED BY
THE SECRETARY OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 2306 of title 38, United States Code,
is amended—
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new sub-
section (i):
‘‘(i)(1) In addition to any other authority under this section,
in the case of an individual whose grave is not in a covered cemetery
(as that term is defined in subsection (f)(2)) and for whom the
Secretary has furnished a headstone or marker under subsection
(a) or (d), the Secretary, if feasible and upon request, may replace
the headstone or marker to add an inscription for the surviving
spouse or eligible dependent child of such individual following the
death of the surviving spouse or eligible dependent child.
‘‘(2) If the spouse or eligible dependent child of an individual
referred to in paragraph (1) predeceases the individual, the Sec-
retary may, if feasible and upon request, include an inscription
for the spouse or dependent child on the headstone or marker
furnished for the individual under subsection (a) or (d).’’.
(b) APPLICATION.—Subsection (i) of section 2306 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to an individual who dies on or after October 1, 2019.
SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPANSION, AND
IMPROVEMENT OF VETERANS’ CEMETERIES.
(a) IN GENERAL.—Section 2408 of title 38, United States Code,
is amended—
(1) by inserting ‘‘or county’’ after ‘‘State’’ each place it
appears;
(2) in subsection (a)(1), in the matter preceding subpara-
graph (A), by striking ‘‘subsection (b)’’ and inserting ‘‘sub-
sections (b), (c), (d), and (g)’’;
(3) by adding at the end the following new subsection:
H. R. 7105—56
‘‘(g)(1) The Secretary may make a grant to a county under
this section only if—
‘‘(A)(i) the State in which the county is located does not have
a veterans’ cemetery owned by the State;
‘‘(ii) the State is not in receipt of a grant under this section
for the construction of a new veterans’ cemetery to be owned by
the State;
‘‘(iii) the State did not apply for a grant under this section
during the previous year;
‘‘(iv) no tribal organization from the State in which the county
is located has a veterans’ cemetery on trust land owned by, or
held in trust for, the tribal organization;
‘‘(v) no such tribal organization is in receipt of a grant under
this section for the construction of a new veterans’ cemetery to
be located on such land; and
‘‘(vi) no such tribal organization applied for a grant under
this section during the previous year; and
‘‘(B) the county demonstrates in the application under sub-
section (a)(2), to the satisfaction of the Secretary, that the county
has the resources necessary to operate and maintain the veterans’
cemetery owned by the county.
‘‘(2)(A) If a county and the State in which the county is located
both apply for a grant under this section for the same year, the
Secretary shall give priority to the State.
‘‘(B) If a county and a tribal organization from the State in
which the county is located both apply for a grant under this
section for the same year, the Secretary shall give priority to
the tribal organization.
‘‘(3) The Secretary shall prescribe regulations to carry out this
subsection.’’; and
(4) in subsection (f)—
(A) by redesignating paragraph (3) as subsection (h);
(B) by moving such subsection, as so redesignated,
to the location after subsection (g), as added by paragraph
(3);
(C) in subsection (h), as so redesignated and moved,
by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively; and
(D) in the matter preceding paragraph (1), as so
redesignated, by striking ‘‘this subsection’’ and inserting
‘‘this section’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading of such section is
amended by inserting ‘‘, counties, and tribal organizations’’
after ‘‘States’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 24 of such title is amended by striking the
item relating to section 2408 and inserting the following new
item:
‘‘2408. Aid to States, counties, and tribal organizations for establishment, expansion,
and improvement of veterans’ cemeteries.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take on effect on the date that is two years after the date
of the enactment of this Act.
H. R. 7105—57
SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES,
COUNTIES, AND TRIBAL ORGANIZATIONS FOR OPERATING
AND MAINTAINING VETERANS’ CEMETERIES.
Section 2408(e)(2) of title 38, United States Code, is amended
by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’.
SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE PLAQUES FOR
REMAINS OF CERTAIN VETERANS WHOSE CREMATED
REMAINS ARE NOT INTERRED IN CERTAIN CEMETERIES.
(a) IN GENERAL.—Section 2306 of title 38, United States Code,
as amended by section 2204 of this title, is further amended—
(1) by redesignating subsections (h), (i), and (j) as sub-
sections (i), (j), and (k), respectively; and
(2) by inserting after subsection (g) the following new sub-
section (h):
‘‘(h)(1) In lieu of furnishing a headstone or marker under this
section for a deceased individual described in paragraph (3), the
Secretary shall furnish, upon request and at the expense of the
United States—
‘‘(A) an urn made of any material to signify the individual’s
status as a veteran, in which the remains of such individual
may be placed at private expense; or
‘‘(B) a commemorative plaque signifying the individual’s
status as a veteran.
‘‘(2) If the Secretary furnishes an urn or commemorative plaque
for an individual under paragraph (1), the Secretary may not pro-
vide for such individual—
‘‘(A) a headstone or marker under this section; or
‘‘(B) any burial benefit under section 2402 of this title.
‘‘(3) A deceased individual described in this paragraph is an
individual—
‘‘(A) who served in the Armed Forces on or after April
6, 1917;
‘‘(B) who is eligible for a headstone or marker furnished
under subsection (d) (or would be so eligible but for the date
of the death of the individual); and
‘‘(C) whose remains were cremated and not interred in
a national cemetery, a State veterans’ cemetery, a tribal ceme-
tery, a county cemetery, or a private cemetery.
‘‘(4)(A) Any urn or commemorative plaque furnished under this
subsection shall be the personal property of the next of kin or
such other individual as the Secretary considers appropriate.
‘‘(B) The Federal Government shall not be liable for any damage
to an urn or commemorative plaque furnished under this subsection
that occurs after the date on which the urn or commemorative
plaque is so furnished.
‘‘(5) The Secretary shall prescribe regulations to carry out this
subsection.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take on effect on the date that is two years after the date
of the enactment of this Act.
SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS’ CEMETERY
PERSONNEL BY NATIONAL CEMETERY ADMINISTRATION.
(a) IN GENERAL.—Section 2408 of title 38, United States Code,
as amended by sections 2205 and 2206 of this title, is further
amended—
H. R. 7105—58
(1) in subsection (b)(1)—
(A) in subparagraph (A)—
(i) by striking ‘‘and (ii) the cost’’ and inserting
‘‘(ii) the cost’’; and
(ii) by inserting ‘‘; and (iii) training costs described
in subsection (c)(1)’’ before the semicolon; and
(B) in subparagraph (B)—
(i) by striking ‘‘and (ii) the cost’’ and inserting
‘‘(ii) the cost’’; and
(ii) by inserting ‘‘; and (iii) training costs described
in subsection (c)(1)’’ before the period;
(2) by redesignating subsections (c) through (h) as sub-
sections (d) through (i), respectively; and
(3) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c)(1) A grant under this section for a purpose described in
subparagraph (A) or (B) of subsection (a)(1) may be used, solely
or in part, for training costs, including travel expenses and up
to four weeks of lodging expenses, associated with attendance by
employees of a veterans’ cemetery owned by a State or on trust
land owned by, or held in trust for, a tribal organization at training
provided by the National Cemetery Administration.
‘‘(2) Any employee described in paragraph (1) who participates
in training described in such paragraph shall fulfill a service
requirement as determined by the Secretary.
‘‘(3) The Secretary may by regulation prescribe such additional
terms and conditions for grants used for training costs under this
subsection as the Secretary considers appropriate.’’.
(b) REPORTS.—
(1) IN GENERAL.—Not later than each of two years and
five years after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee
on Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives a report on
training provided by the National Cemetery Administration
under subsection (c) of section 2408 of title 38, United States
Code, as added by subsection (a).
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) The attrition rate with respect to individuals who
participate in the training described in paragraph (1).
(B) A description of how State and tribal veterans’
cemeteries that used grants awarded under section 2408
of title 38, United States Code, for training costs under
subsection (c) of such section, as added by subsection (a),
have improved as a result of the training, according to
the administrators of such cemeteries.
(C) An identification of how many State and tribal
veterans’ cemeteries used the authority provided by sub-
section (c) of section 2408 of title 38, United States Code,
as added by subsection (a), in order to train individuals.
(D) The amount obligated or expended as a result
of the authority described in subparagraph (C).
H. R. 7105—59
TITLE III—HEALTH CARE
Subtitle A—Health Care Generally
SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DIRECTED
CARE PROGRAM.
Section 20006 of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116–136) is amended—
(1) by striking ‘‘During a public health emergency’’ each
place it appears and inserting ‘‘During the period specified
in subsection (f)’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘during a public health emergency’’ and inserting ‘‘during
the period specified in subsection (f)’’; and
(B) in paragraph (1), by striking ‘‘an area agency on
aging’’ and inserting ‘‘a covered provider’’; and
(3) by striking subsection (e) and inserting the following
new subsections:
‘‘(e) TRANSFER OF CERTAIN VETERANS TO THE PROGRAM.—
During the period specified in subsection (f), the Secretary shall
allow a veteran residing in an area covered by the Program to
be transferred to the Program for the duration of such period
if—
‘‘(1) the veteran had been receiving extended care services
paid for by the Department, such as adult day services or
homemaker or home health aide services, immediately pre-
ceding such period; and
‘‘(2) those services are no longer available due to a public
health emergency.
‘‘(f) PERIOD SPECIFIED.—The period specified in this subsection
is the period beginning on the date on which a public health
emergency was first declared and ending on the date that is 60
days after the date on which a public health emergency is no
longer in effect.
‘‘(g) COVERED PROVIDER DEFINED.—In this section, the term
‘covered provider’ means a provider participating in the Program,
including—
‘‘(1) an Aging and Disability Resource Center, an area
agency on aging, or a State agency (as those terms are defined
in section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002)); or
‘‘(2) a center for independent living (as defined in section
702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)).’’.
SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH CARE
COPAYMENT BY THE SECRETARY OF VETERANS AFFAIRS
FROM A VETERAN WHO IS A MEMBER OF AN INDIAN
TRIBE.
(a) IN GENERAL.—Section 1730A of title 38, United States Code,
is amended—
(1) in the heading, by striking ‘‘catastrophically dis-
abled’’ and inserting ‘‘certain’’;
(2) by inserting ‘‘(a) PROHIBITION.—’’ before ‘‘Notwith-
standing’’;
H. R. 7105—60
(3) by striking ‘‘a veteran who is catastrophically disabled,
as defined by the Secretary,’’ and inserting ‘‘a covered veteran’’;
and
(4) by adding at the end the following new subsection:
‘‘(b) COVERED VETERAN DEFINED.—In this section, the term
‘covered veteran’ means a veteran who—
‘‘(1) is catastrophically disabled, as defined by the Sec-
retary; or
‘‘(2) is an Indian or urban Indian (as those terms are
defined in section 4 of the Indian Health Care Improvement
Act (25 U.S.C. 1603)).’’.
(b) TECHNICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 17 of such title is amended by striking the item
relating to section 1730A and inserting the following:
‘‘1730A. Prohibition on collection of copayments from certain veterans.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the day that is one year after the date of
the enactment of this Act.
SEC. 3003. OVERSIGHT FOR STATE HOMES REGARDING COVID–19
INFECTIONS, RESPONSE CAPACITY, AND STAFFING
LEVELS.
(a) REPORTING.—
(1) IN GENERAL.—During a covered public health emer-
gency, each State home shall submit weekly to the Secretary
of Veterans Affairs and the National Healthcare Safety Network
of the Centers for Disease Control and Prevention, through
an electronic medium and in a standardized format specified
by the Secretary, a report on the emergency.
(2) ELEMENTS.—Each report required by paragraph (1) for
a State home shall include the following:
(A) The number of suspected and confirmed COVID–
19 infections among residents and staff, including residents
previously treated for COVID–19, disaggregated by—
(i) veteran, spouse of a veteran, staff, and other;
(ii) race and ethnicity;
(iii) gender; and
(iv) age.
(B) The number of total deaths and COVID–19 deaths
among residents and staff, disaggregated by—
(i) veteran, spouse of a veteran, staff, and other;
(ii) race and ethnicity;
(iii) gender; and
(iv) age.
(C) An assessment of the supply of personal protective
equipment and hand hygiene supplies.
(D) An assessment of ventilator capacity and supplies.
(E) The number of resident beds and the occupancy
rate, disaggregated by veteran, spouse of a veteran, and
other.
(F) An assessment of the access of residents to testing
for COVID–19.
(G) An assessment of staffing shortages, if any.
(H) Such other information as the Secretary may
specify.
(b) PUBLICATION OF TOTAL INFECTIONS AND DEATHS.—
H. R. 7105—61
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, and not less frequently than
weekly thereafter, the Secretary shall post on a publicly avail-
able website of the Department of Veterans Affairs—
(A) the total number of residents and staff of State
homes who are infected with COVID–19; and
(B) the total number of such residents and staff who
have died from COVID–19.
(2) INFORMATION ON RESIDENTS AND STAFF.—The Secretary
shall disaggregate information on residents and staff published
under paragraph (1) by veteran, staff, and other.
(c) DEFINITIONS.—In this section:
(1) COVERED PUBLIC HEALTH EMERGENCY.—The term ‘‘cov-
ered public health emergency’’ means an emergency with
respect to COVID–19 declared by a Federal, State, or local
authority.
(2) STATE HOME.—The term ‘‘State home’’ has the meaning
given that term in section 101(19) of title 38, United States
Code.
SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS.
(a) STATE HOME DEFINED.—Section 101(19) of title 38, United
States Code, is amended by inserting ‘‘or Indian tribe (as defined
in section 4 of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304))’’ after ‘‘(other than a possession)’’.
(b) PAYMENTS TO STATE HOMES.—Section 1741 of title 38,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(g) In this subchapter, the term ‘State’ means each of the
several States and each Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).’’.
(c) STATE HOME CONSTRUCTION.—
(1) IN GENERAL.—Section 8131(2) of title 38, United States
Code, is amended by inserting ‘‘includes each Indian tribe (as
defined in section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)) but’’ before ‘‘does not’’.
(2) CONFORMING AMENDMENT.—Section 8132 of such title
is amended by striking ‘‘several’’.
(d) ADDITIONAL LEGISLATIVE OR ADMINISTRATIVE ACTION.—
(1) CONSULTATION WITH INDIAN TRIBES.—Not later than
180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall consult with Indian tribes
to determine if any legislative or administrative action is nec-
essary to modify the State home program to function efficiently
in support of State homes operated by Indian tribes pursuant
to the amendments made by this section.
(2) REPORT TO CONGRESS.—Not later than 90 days after
completing consultations under paragraph (1), the Secretary
shall submit to the appropriate committees of Congress a report
recommending legislative action that the Secretary considers
appropriate to modify the State home program described in
such paragraph in light of those consultations.
(3) MODIFICATIONS.—Not later than 180 days after com-
pleting consultations under paragraph (1), the Secretary shall
make any modifications to regulations implementing the State
home program, for which legislative action is not necessary,
H. R. 7105—62
as the Secretary considers appropriate in light of those consulta-
tions.
(e) TECHNICAL SUPPORT AND ASSISTANCE.—The Secretary of
Veterans Affairs shall provide technical support and assistance
to Indian tribes in carrying out the State home program at State
homes operated by Indian tribes pursuant to the amendments made
by this section.
(f) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Veterans’ Affairs and the Com-
mittee on Indian Affairs of the Senate; and
(B) the Committee on Veterans’ Affairs and the Sub-
committee for Indigenous Peoples of the United States
of the Committee on Natural Resources of the House of
Representatives.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given that term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(3) STATE HOME.—The term ‘‘State home’’ has the meaning
given that term in section 101(19) of title 38, United States
Code.
(4) STATE HOME PROGRAM.—The term ‘‘State home pro-
gram’’ means the program of the Department of Veterans
Affairs for which payments are made under subchapter V of
chapter 17 of title 38, United States Code, and assistance
is provided under subchapter III of chapter 81 of such title.
SEC. 3005. CONTINUATION OF WOMEN’S HEALTH TRANSITION
TRAINING PROGRAM OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) DURATION.—The Secretary of Veterans Affairs shall carry
out the Women’s Health Transition Training program of the Depart-
ment of Veterans Affairs (in this section referred to as the ‘‘Pro-
gram’’) until at least one year after the date of the enactment
of this Act.
(b) REPORT.—Not later than one year and ten days after the
date of the enactment of this Act, the Secretary of Defense and
the Secretary of Veterans Affairs shall jointly submit to the appro-
priate congressional committees a report on the Program that
includes the following:
(1) The number of women members of the Armed Forces,
disaggregated by military department (with respect to the
Department of the Navy, disaggregated by the Navy and Marine
Corps), who participated in the Program.
(2) The number of courses held under the Program.
(3) The locations at which such courses were held, the
number of seats available for such courses, and the number
of participants at each such location.
(4) With respect to the number of members of the Armed
Forces who participated in the Program as specified under
paragraph (1)—
(A) the number who enrolled in the health care system
of the Department of Veterans Affairs under section 1705(a)
of title 38, United States Code; and
H. R. 7105—63
(B) the number who attended at least one health care
appointment at a medical facility of the Department of
Veterans Affairs.
(5) Data relating to—
(A) satisfaction with courses held under the Program;
(B) improved awareness of health care services
administered by the Secretary of Veterans Affairs; and
(C) any other available statistics regarding the Pro-
gram.
(6) A discussion of regulatory, legal, or resource barriers
to—
(A) making the Program permanent to enable access
to services provided under the Program by a greater
number of women members of the Armed Forces at loca-
tions throughout the United States;
(B) offering the Program online for women members
of the Armed Forces who are unable to attend courses
held under the Program in person; and
(C) the feasability of automatically enrolling Program
participants in the health care system of the Department
of Veterans Affairs under section 1705(a) of title 38, United
States Code.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Veterans’ Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee
on Veterans’ Affairs of the House of Representatives.
SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO
FURNISH MEDICALLY NECESSARY TRANSPORTATION FOR
NEWBORN CHILDREN OF CERTAIN WOMEN VETERANS.
(a) IN GENERAL.—Section 1786 of title 38, United States Code,
as amended by section 9102 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021, is further
amended—
(1) in subsection (a)—
(A) in the matter before paragraph (1), by inserting
‘‘and transportation necessary to receive such services’’
after ‘‘described in subsection (b)’’;
(B) in paragraph (1), by striking ‘‘or’’;
(C) in paragraph (2), by striking the period at the
end and inserting ‘‘; or’’; and
(D) by adding at the end the following new paragraph:
‘‘(3) another location, including a health care facility, if
the veteran delivers the child before arriving at a facility
described in paragraph (1) or (2).’’;
(2) in subsection (b), by inserting before the period at
the end the following: ‘‘, including necessary health care services
provided by a facility other than the facility where the newborn
child was delivered (including a specialty pediatric hospital)
that accepts transfer of the newborn child and responsibility
for treatment of the newborn child’’; and
(3) by adding at the end the following new subsections:
‘‘(d) TRANSPORTATION.—(1) Transportation furnished under sub-
section (a) to, from, or between care settings to meet the needs
H. R. 7105—64
of a newborn child includes costs for either or both the newborn
child and parents.
‘‘(2) Transportation furnished under subsection (a) includes
transportation by ambulance, including air ambulance, or other
appropriate medically staffed modes of transportation—
‘‘(A) to another health care facility (including a specialty
pediatric hospital) that accepts transfer of the newborn child
or otherwise provides post-delivery care services when the
treating facility is not capable of furnishing the care or services
required; or
‘‘(B) to a health care facility in a medical emergency of
such nature that a prudent layperson reasonably expects that
delay in seeking immediate medical attention would be haz-
ardous to life or health.
‘‘(3) Amounts paid by the Department for transportation under
this section shall be derived from the Medical Services appropria-
tions account of the Department.
‘‘(e) REIMBURSEMENT OR PAYMENT FOR HEALTH CARE SERVICES
OR TRANSPORTATION.—(1) Pursuant to regulations the Secretary
shall prescribe to establish rates of reimbursement and any limita-
tions thereto under this section, the Secretary shall directly
reimburse a covered entity for health care services or transportation
services provided under this section, unless the cost of the services
or transportation is covered by an established agreement or con-
tract. If such an agreement or contract exists, its negotiated pay-
ment terms shall apply.
‘‘(2)(A) Reimbursement or payment by the Secretary under
this section on behalf of an individual to a covered entity shall,
unless rejected and refunded by the covered entity within 30 days
of receipt, extinguish any liability on the part of the individual
for the health care services or transportation covered by such pay-
ment.
‘‘(B) Neither the absence of a contract or agreement between
the Secretary and a covered entity nor any provision of a contract,
agreement, or assignment to the contrary shall operate to modify,
limit, or negate the requirements of subparagraph (A).
‘‘(3) In this subsection, the term ‘covered entity’ means any
individual, transportation carrier, organization, or other entity that
furnished or paid for health care services or transportation under
this section.’’.
(b) TREATMENT OF CERTAIN EXPENSES ALREADY INCURRED.—
(1) IN GENERAL.—Pursuant to such regulations as the Sec-
retary of Veterans Affairs shall prescribe, with respect to
transportation furnished in order for a newborn child of a
veteran to receive health care services under section 1786 of
title 38, United States Code, during the period specified in
paragraph (2), the Secretary may—
(A) waive a debt owed by the veteran to the Depart-
ment of Veterans Affairs or reimburse expenses already
paid by the veteran to the Department for such transpor-
tation;
(B) reimburse the veteran for expenses already paid
by the veteran to a covered entity for such transportation;
or
(C) reimburse a covered entity for the costs of such
transportation.
H. R. 7105—65
(2) PERIOD SPECIFIED.—The period specified in this para-
graph is the period beginning on May 5, 2010, and ending
on the date of the enactment of this Act.
(3) COVERED ENTITY DEFINED.—In this subsection, the term
‘‘covered entity’’ has the meaning given that term in section
1786(e)(3) of title 38, United States Code, as added by sub-
section (a).
SEC. 3007. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS
AFFAIRS FOR RECEIPT OF PER DIEM PAYMENTS FOR
DOMICILIARY CARE AT STATE HOMES AND MODIFICA-
TION OF ELIGIBILITY FOR SUCH PAYMENTS.
(a) WAIVER OF REQUIREMENTS.—Notwithstanding section 1741
of title 38, United States Code (as amended by subsection (b)),
the Secretary of Veterans Affairs shall modify section 51.51(b) of
title 38, Code of Federal Regulations (or successor regulations),
to provide the Secretary the authority to waive the requirements
under such section 51.51(b) for a veteran to be eligible for per
diem payments for domiciliary care at a State home if—
(1) the veteran has met not fewer than four of the require-
ments set forth in such section; or
(2) such waiver would be in the best interest of the veteran.
(b) MODIFICATION OF ELIGIBILITY.—Section 1741(a)(1) of title
38, United States Code, is amended, in the flush text following
subparagraph (B), by striking ‘‘in a Department facility’’ and
inserting ‘‘under the laws administered by the Secretary’’.
(c) STATE HOME DEFINED.—In this section, the term ‘‘State
home’’ has the meaning given that term in section 101(19) of title
38, United States Code.
SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON
STAFFING AND VACANCIES AT FACILITIES OF THE
DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE
INFORMATION ON DURATION OF HIRING PROCESS.
(a) QUARTERLY UPDATE.—Subsection (a)(1) of section 505 of
the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C.
301 note) is amended by adding at the end the following new
subparagraph:
‘‘(E) Beginning with any update under paragraph (3)
on or after the date of the enactment of the Johnny Isakson
and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020, the following:
‘‘(i) For employees appointed under paragraphs (1)
and (3) of section 7401 of title 38, United States Code,
the number of employees for which the duration of
the process from validation of vacancy to receipt of
official offer and notification of actual start date
exceeds the metrics laid out in the Time to Hire Model
of the Veterans Health Administration, or successor
model.
‘‘(ii) The percentage of employees who are
described in clause (i) compared to all employees
appointed under paragraphs (1) and (3) of section 7401
of such title during the same period.
‘‘(iii) The average number of days potential hires
or new hires appointed under paragraphs (1) and (3)
of section 7401 of such title spent in each phase of
the Time to Hire Model, or successor model.’’.
H. R. 7105—66
(b) ANNUAL REPORT.—Subsection (b) of such section is amended,
in the first sentence, by adding before the period at the end the
following: ‘‘and to improve the onboard timeline for facilities for
which the duration of the onboarding process exceeds the metrics
laid out in the Time to Hire Model of the Veterans Health Adminis-
tration, or successor model’’.
SEC. 3009. REQUIREMENT FOR CERTAIN DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITIES TO HAVE PHYSICAL LOCA-
TION FOR THE DISPOSAL OF CONTROLLED SUBSTANCES
MEDICATIONS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall
ensure that each covered Department medical facility has a physical
location where patients may dispose of controlled substances medi-
cations.
(b) COVERED DEPARTMENT MEDICAL FACILITY.—In this section,
the term ‘‘covered Department medical facility’’ means a medical
facility of the Department of Veterans Affairs with an onsite phar-
macy or a physical location dedicated for law enforcement purposes.
(c) EFFECTIVE DATE.—This section shall take effect on January
1, 2022.
SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR
CLINICAL OBSERVATION BY UNDERGRADUATE STU-
DENTS.
(a) ESTABLISHMENT.—The Secretary of Veterans Affairs shall
carry out a pilot program for a one-year period, beginning not
later than August 15, 2021, to provide certain students described
in subsection (d) a clinical observation experience at medical centers
of the Department of Veterans Affairs.
(b) MEDICAL CENTER SELECTION.—The Secretary shall carry
out the pilot program under this section at not fewer than five
medical centers of the Department. In selecting such medical cen-
ters, the Secretary shall ensure regional diversity among such
selected medical centers.
(c) CLINICAL OBSERVATION SESSIONS.—
(1) FREQUENCY AND DURATION.—In carrying out the pilot
program, the Secretary shall—
(A) provide at least one and not more than three clin-
ical observation sessions at each medical center selected
during each calendar year;
(B) ensure that each clinical observation session—
(i) lasts between four and six months; and
(ii) to the extent practicable, begins and ends
concurrently with one or more academic terms of an
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); and
(C) ensure that the clinical observation sessions pro-
vided at a medical center have minimal overlap.
(2) SESSIONS.—The Secretary shall ensure that the pilot
program consists of clinical observation sessions as follows:
(A) Each session shall allow for not fewer than five
students nor greater than 15 students to participate in
the session.
(B) Each session shall consist of not fewer than 20
observational hours nor greater than 40 observational
hours.
H. R. 7105—67
(C) A majority of the observational hours shall be
spent observing a health professional. The other observa-
tional hours shall be spent in a manner that ensures a
robust, well rounded experience that exposes the students
to a variety of aspects of medical care and health care
administration.
(D) Each session shall provide a diverse clinical
observation experience.
(d) STUDENTS.—
(1) SELECTION.—The Secretary shall select to participate
in the pilot program under subsection (a) students who are—
(A) nationals of the United States;
(B) enrolled in an accredited program of study at an
institution of higher education; and
(C) referred by their institution of higher education
following an internal application process.
(2) PRIORITY.—In making such selection, the Secretary shall
give priority to each of the following five categories of students:
(A) Students who, at the time of the completion of
their secondary education, resided in a health professional
shortage area (as defined in section 332 of the Public
Health Service Act (42 U.S.C. 254e)).
(B) First generation college students (as defined in
section 402A(h)(3) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a))).
(C) Students who have been referred by minority-
serving institutions (as defined in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
(D) Veterans (as defined in section 101 of title 38,
United States Code).
(E) Students who indicate an intention to specialize
in a health professional occupation identified by the
Inspector General of the Department under section 7412
of title 38, United States Code, as having a staffing short-
age.
(3) ASSIGNMENT TO MEDICAL CENTERS.—The Secretary shall
assign students selected under paragraph (1) to medical centers
selected under subsection (b) without regard for whether such
medical centers have staffing shortages in any health profes-
sional occupation pursuant to section 7412 of title 38, United
States Code.
(e) OTHER MATTERS.—In carrying out the pilot program under
this section, the Secretary shall—
(1) establish a formal status to facilitate the access to
medical centers of the Department by student observers partici-
pating in the pilot program;
(2) establish standardized legal, privacy, and ethical
requirements for the student observers, including with respect
to—
(A) ensuring that no student observer provides any
care to patients while participating as an observer; and
(B) ensuring the suitability of a student to participate
in the pilot program to ensure that the student poses
no risk to patients;
(3) develop and implement a partnership strategy with
minority-serving institutions to encourage referrals;
(4) create standardized procedures for student observers;
H. R. 7105—68
(5) create an online information page about the pilot pro-
gram on the internet website of the Department;
(6) publish on the online information page created under
paragraph (5) the locations of such centers, and other informa-
tion 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 profes-
sionals participating in the pilot program; and
(8) 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 Representa-
tives 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 UNDER-
GRADUATE 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 stu-
dents 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. PROCESS AND REQUIREMENTS FOR SCHEDULING APPOINT-
MENTS FOR HEALTH CARE FROM DEPARTMENT OF VET-
ERANS AFFAIRS AND NON-DEPARTMENT HEALTH CARE.
(a) PROCESS AND REQUIREMENTS.—
(1) 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—
H. R. 7105—69
(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) SUBMITTAL TO CONGRESS.—Not later than 30 days
before revising the process and requirements under
subparagraph (A), the Secretary shall submit to the Com-
mittee on Veterans’ Affairs of the Senate and the Com-
mittee on Veterans’ Affairs of the House of Representatives
a description of such revised process and requirements,
including a description of any modifications to the certifi-
cation and training under subsection (b).
(b) CERTIFICATION AND TRAINING ON PROCESS AND REQUIRE-
MENTS.—
(1) 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 require-
ments 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) 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—
H. R. 7105—70
(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 Depart-
ment 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 Rep-
resentatives 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. AUDITS REGARDING SCHEDULING OF APPOINTMENTS AND
MANAGEMENT OF CONSULTATIONS FOR HEALTH CARE
FROM DEPARTMENT OF VETERANS AFFAIRS AND NON-
DEPARTMENT HEALTH CARE.
(a) 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) SECOND AUDIT.—The second audit required under sub-
section (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) With respect to each medical center of the Department
covered by the audit, an assessment of any scheduling or con-
sultation 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.
H. R. 7105—71
(D) An assessment of whether consultations are appro-
priately processed.
(E) 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) 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 consulta-
tion 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 con-
sultations.
(2) An identification of such recommendations for corrective
action as the Secretary considers necessary, including addi-
tional training, increased personnel, and other resources.
(3) 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 Sec-
retary considers appropriate.
(4) 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 pro-
vider 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) any other period of time that the Secretary deter-
mines necessary to measure.
H. R. 7105—72
(5) 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-Depart-
ment health care provider;
(ii) the date that the referral for care is sent to
a non-Department health care provider and the date
that a non-Department health care provider accepts
the referral;
(iii) the date that a non-Department health care
provider accepts the referral and the date that the
referral to a non-Department health care provider is
completed;
(iv) the date that the referral to a non-Department
health care provider is completed and the date that
an appointment with a non-Department health care
provider is made; and
(v) the date that an appointment with a non-
Department health care provider is made and the date
that an appointment with a non-Department health
care provider occurs; and
(B) any other period of time that the Secretary deter-
mines necessary to measure.
(d) CONDUCT OF AUDIT BY THIRD PARTY.—Each audit conducted
under subsection (a) with respect to a medical facility of the Depart-
ment shall be conducted by an individual or entity that is not
affiliated with the facility.
(e) TRANSMITTAL TO VHA.—Each audit conducted under sub-
section (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 manage-
ment; and
(3) 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 Sec-
retary 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) an assessment of how the Department strengthened
oversight of the scheduling of appointments and manage-
ment of consultations at each such facility as a result
of the audit;
H. R. 7105—73
(D) an assessment of how the audit informed the
national policy of the Department with respect to the sched-
uling of appointments and management of consultations;
and
(E) a description of any remediation plans to address
issues raised by the audit that was completed.
SEC. 3103. ADMINISTRATION OF NON-DEPARTMENT OF VETERANS
AFFAIRS HEALTH CARE.
(a) CERTIFICATION OF PROPER ADMINISTRATION OF NON-DEPART-
MENT CARE.—
(1) REVIEW.—
(A) IN GENERAL.—The Secretary of Veterans Affairs
shall conduct a review of the staffing, training, and other
requirements necessary to administer section 1703 of title
38, United States Code.
(B) ELEMENTS.—The review conducted under subpara-
graph (A) shall include, with respect to each medical facility
of the Department of Veterans Affairs—
(i) an assessment of the type of positions required
to be staffed at the medical facility;
(ii) the number of such positions authorized;
(iii) the number of such positions funded;
(iv) the number of such positions filled; and
(v) the number of additional such positions
required to be authorized.
(2) SUBMITTAL TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, and every 180
days thereafter, the Secretary shall submit to the Committee
on Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives—
(A) the results of the review conducted under para-
graph (1); and
(B) a certification that the Secretary has established
all staffing, training, and other requirements required to
be reviewed under such paragraph.
(b) SCHEDULING OF APPOINTMENTS.—
(1) MEASUREMENT OF TIMELINESS FOR EACH FACILITY.—
Not later than 120 days after the date of the enactment of
this Act, the Secretary shall measure, with respect to referrals
for non-Department health care originating from medical facili-
ties of the Department, for each such facility—
(A) the period of time between—
(i) the date that a clinician of the Department
determines that a veteran requires care, or a veteran
presents to the Department requesting care, and the
date that the referral for care is sent to a non-Depart-
ment health care provider;
(ii) the date that the referral for care is sent to
a non-Department health care provider and the date
that a non-Department health care provider accepts
the referral;
(iii) the date that a non-Department health care
provider accepts the referral and the date that the
referral to a non-Department health care provider is
completed;
H. R. 7105—74
(iv) the date that the referral to a non-Department
health care provider is completed and the date that
an appointment with a non-Department health care
provider is made; and
(v) the date that an appointment with a non-
Department health care provider is made and the date
that an appointment with a non-Department health
care provider occurs; and
(B) any other period of time that the Secretary deter-
mines necessary to measure.
(2) SUBMISSIONS TO CONGRESS.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans’ Affairs of the Senate
and the Committee on Veterans’ Affairs of the House of
Representatives the data measured under paragraph (1),
disaggregated by medical facility.
(B) UPDATE.—Not less frequently than biweekly, the
Secretary shall update the data submitted under subpara-
graph (A).
(c) COMPTROLLER GENERAL REPORT.—
(1) REVIEW.—Beginning not later than one year after the
date of the enactment of this Act, the Comptroller General
of the United States shall review compliance by the Secretary
with the requirements of this section, including a review of
the validity and reliability of data submitted by the Secretary
under subsection (b)(2).
(2) REPORT.—Not later than three years after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committee on Veterans’ Affairs of the Senate
and the Committee on Veterans’ Affairs of the House of Rep-
resentatives the results of the review conducted under para-
graph (1).
SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION AND
SCHEDULING POSITIONS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) PROPER GRADING OF CONSULTATION AND SCHEDULING POSI-
TIONS.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall
conduct an examination of health care positions of the Depart-
ment of Veterans Affairs to determine whether health care
positions involved in the consultation and scheduling processes
are appropriately graded.
(2) CONSULTATION.—In conducting the examination under
paragraph (1), the Secretary shall consult with health care
staffing experts in the Federal Government and the private
sector.
(3) SUBMITTAL TO CONGRESS.—Not later than 120 days
after the date of the enactment of this Act, the Secretary
shall submit to the appropriate committees of Congress the
results of the examination conducted under paragraph (1).
(b) REVIEW OF ONBOARDING PROCESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress—
H. R. 7105—75
(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—NAVY SEAL BILL MULDER
SEC. 4001. 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 DIS-
EASE 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:
‘‘§ 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 pur-
poses of establishing that the individual served in the active
military, naval, or air service.
‘‘(2)(A) The manifestation periods described in this paragraph
are the following:
‘‘(i) During a qualifying period of duty described in sub-
section (b), if that period of duty was more than 48 continuous
hours in duration.
‘‘(ii) Within 14 days after the individual’s completion of
a qualifying period of duty described in subsection (b).
H. R. 7105—76
‘‘(iii) An additional period prescribed under subparagraph
(B).
‘‘(B)(i) 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) A determination under clause (i) shall be made in consulta-
tion 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 sub-
section (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 predi-
cated 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 ques-
tion 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
H. R. 7105—77
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 begin-
ning of such subchapter 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. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS
IN CARING FOR HOMELESS VETERANS DURING A COV-
ERED PUBLIC HEALTH EMERGENCY.
(a) GENERAL SUPPORT.—
(1) USE OF FUNDS.—During a covered public health emer-
gency, 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 sup-
plies).
(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 subpara-
graphs (A) and (B), respectively;
(B) in the matter preceding subparagraph (A), as so
redesignated, by inserting ‘‘(1)’’ before ‘‘In the case’’; and
H. R. 7105—78
(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.—Sub-
section (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 sur-
vival (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 emer-
gency, under the program, the Secretary may provide
amounts for additional transitional housing beds to facili-
tate 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) for a period of performance determined by the
Secretary.
(5) INSPECTIONS AND LIFE SAFETY CODE REQUIREMENTS.—
(A) IN GENERAL.—During a covered public health emer-
gency, 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 require-
ment 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.
H. R. 7105—79
(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 pro-
viding 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) INSPECTION AND LIFE SAFETY CODE REQUIREMENTS FOR
THERAPEUTIC HOUSING.—
(1) IN GENERAL.—During a covered public health emer-
gency, 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 home-
less veterans authorized under such chapter; and
(3) community-based service providers for homeless vet-
erans receiving funds from the Department through grants
or contracts.
(e) DEFINITIONS.—In this section:
(1) COVERED PUBLIC HEALTH EMERGENCY.—The term ‘‘cov-
ered public health emergency’’ means an emergency with
respect to COVID–19 declared by a Federal, State, or local
authority.
(2) 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 tech-
nologies to support and promote long-distance clinical
H. R. 7105—80
health care, patient and professional health-related edu-
cation, public health, and health administration.
(B) TECHNOLOGIES.—For purposes of subparagraph (A),
‘‘telecommunications technologies’’ include video confer-
encing, the internet, streaming media, and terrestrial and
wireless communications.
SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS AND VET-
ERANS 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:
‘‘§ 2022A. Legal services for homeless veterans and veterans
at risk for homelessness
‘‘(a) GRANTS.—Subject to the availability of appropriations pro-
vided for such purpose, the Secretary shall award grants to eligible
entities that provide legal services to homeless veterans and vet-
erans 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) 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 commu-
nities, on trust lands, and in the territories and possessions
of the United States; and
‘‘(B) 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 deter-
mines appropriate.
‘‘(c) 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 represen-
tation in foreclosure cases.
H. R. 7105—81
‘‘(2) Legal services relating to family law, including assist-
ance 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 out-
standing 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) An analysis by the Secretary with respect to the oper-
ational effectiveness and cost-effectiveness of the services pro-
vided.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 20 of such title 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 homeless-
ness.’’.
(c) CRITERIA.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall estab-
lish and publish in the Federal Register the criteria and require-
ments pursuant to subsection (b)(1) of section 2022A of title 38,
United States Code, as added by subsection (a).
H. R. 7105—82
SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS
PROGRAMS THAT PROVIDE ASSISTANCE TO WOMEN VET-
ERANS WHO ARE HOMELESS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall com-
plete 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 sub-
section (a) of section 2012 of title 38, United States Code, is
amended to read as follows:
‘‘(2)(A)(i) 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 depart-
ments 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 para-
graph as in effect immediately preceding the date of the
enactment of the Navy SEAL Bill Mulder Act of 2020;
or
H. R. 7105—83
‘‘(BB) exceeds the rate that is 115 percent of the rate
authorized for State homes for domiciliary care under sub-
section (a)(1)(A) of section 1741 of this title, as the Sec-
retary may increase from time to time under subsection
(c) of that section; and
‘‘(bb) 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) REIMBURSEMENT OF ENTITIES FOR CERTAIN FEES.—The Sec-
retary 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 informa-
tion 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 PRO-
GRAM 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 VET-
ERANS 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 memo-
randum 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 Develop-
ment-Veterans Affairs Supportive Housing (Tribal HUD-VASH) pro-
gram of the Department of Housing and Urban Development.’’.
H. R. 7105—84
SEC. 4207. CONTRACTS RELATING TO CASE MANAGERS FOR HOMELESS
VETERANS IN SUPPORTED HOUSING PROGRAM.
(a) IN GENERAL.—Section 304 of the Honoring America’s Vet-
erans 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 creden-
tials equivalent to the credentials required for a case manager
of the Department.
‘‘(C)(i) 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) 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) 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 para-
graph (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) 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) 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. 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
H. R. 7105—85
Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report that includes the following:
(1) 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 deter-
mine 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) An assessment of how compensation, including recruit-
ment and retention incentives, for case managers of the HUD-
VASH program affects turnover, and what percentage of reten-
tion 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 non-
governmental 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.’’.
H. R. 7105—86
SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH
TECHNOLOGY PROGRAMS OF EDUCATION FOR VET-
ERANS.
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) 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 oper-
ational for at least 2 years’’ and inserting ‘‘employs instruc-
tors 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) EXPERTS.—The Secretary shall determine whether
instructors are experts under paragraph (3)(A) based on evi-
dence 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 iden-
tify the employers likely to hire graduates;
‘‘(B) effectively teach the skills offered to eligible vet-
erans;
‘‘(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 Improve-
ment Act of 2012 (Public Law 112–260; 10 U.S.C. 1144 note) is
amended—
H. R. 7105—87
(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 signifi-
cantly 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 Sec-
retary 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 out-
break 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. 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 assist-
ance to members of the Armed Forces who are separated, retired,
or discharged from the Armed Forces, and spouses of such members.
(b) 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.
H. R. 7105—88
(c) 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 Sec-
retary, in consultation with the Secretary of Labor, may require.
(d) PRIORITY.—In making grants under this section, the Sec-
retary shall give priority to an organization that—
(1) provides multiple forms of services described in sub-
section (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 EFFECTIVE-
NESS OF TRANSITION ASSISTANCE PROGRAM.
(a) 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) a review of information that is provided to the Depart-
ment of Veterans Affairs under the Transition Assistance Pro-
gram, 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 Transi-
tion Assistance Program for members of the Armed Forces
one year after separation, retirement, or discharge from the
Armed Forces;
(7) what the Secretary, in consultation with the covered
officials and veterans service organizations, determine to be
successful outcomes for the Transition Assistance Program;
H. R. 7105—89
(8) whether members of the Armed Forces achieve success-
ful outcomes for the Transition Assistance Program, as deter-
mined under paragraph (7);
(9) how the Secretary and the covered officials provide
feedback to each other regarding such outcomes;
(10) 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) 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) the findings and recommendations (including rec-
ommended 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 Com-
mittee on Armed Services of the Senate; and
(B) the Committee on Veterans’ Affairs and the Com-
mittee 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 Adminis-
tration; and
(D) the Secretaries of the military departments.
(3) MILITARY DEPARTMENT.—The term ‘‘military depart-
ment’’ 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) STUDY.—Not later than 90 days after the date of the enact-
ment 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 Transi-
tion 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
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(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) IN GENERAL.—Not later than 180 days after the comple-
tion 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 prin-
cipal 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) Other criteria the Secretaries and the Adminis-
trator 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—DEBORAH SAMPSON
SEC. 5001. SHORT TITLE.
This title may be cited as the ‘‘Deborah Sampson Act of 2020’’.
H. R. 7105—91
Subtitle A—Improving Access for Women
Veterans to the Department of Veterans
Affairs
SEC. 5101. OFFICE OF WOMEN’S HEALTH IN DEPARTMENT OF VET-
ERANS 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 para-
graph (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:
‘‘§ 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 fol-
lowing:
‘‘(1) To provide a central office for monitoring and encour-
aging 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) To monitor and identify deficiencies in standards of
care for the provision of health care for women veterans pro-
vided through the community pursuant to this title and to
provide recommendations to the appropriate office to address
and remedy any deficiencies.
H. R. 7105—92
‘‘(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 vet-
erans.
‘‘(7) 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 estab-
lished and operated under section 1705(a) of this title who
are women.
‘‘(8) 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) 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 deter-
mination with respect to a recommendation shall include the fol-
lowing:
‘‘(A) The reasoning of the Under Secretary for Health in
making the determination.
‘‘(B) An alternative, if one is selected, to the recommenda-
tion that the Under Secretary for Health will carry out to
fulfill the health care needs of women veterans.
‘‘(d) 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 Depart-
ment 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) Other requirements as determined by the Under Sec-
retary for Health.
‘‘(e) OUTREACH.—The Chief Officer shall ensure that—
H. R. 7105—93
‘‘(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 Agen-
cies Appropriations Act, 1997 (Public Law 104–204; 110 Stat.
2929).
‘‘§ 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 mat-
ters under subsections (b) through (g).
‘‘(b) OFFICE OF WOMEN’S HEALTH.—Each report under sub-
section (a) shall include a description of—
‘‘(1) actions taken by the Office of Women’s Health estab-
lished 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, agree-
ments, or other arrangements with non-Department medical pro-
viders 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 appoint-
ment date of the veteran and the date on which the appoint-
ment is completed;
‘‘(B) the average driving time required for veterans to
attend appointments; and
H. R. 7105—94
‘‘(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) The analysis under paragraph (1) shall include the fol-
lowing:
‘‘(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 modi-
fied to a separate but shared space for a women’s health center
within planned investments under the strategic capital invest-
ment planning process of the Department.
‘‘(F) An assessment of whether any facilities could be modi-
fied 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 treat-
ment of women, including the following, disaggregated by Veterans
Integrated Service Network and State (except with respect to para-
graph (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 pro-
viders of the Department, disaggregated by facility of the
Department.
‘‘(5) 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 Pro-
gram 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 pro-
viders 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:
H. R. 7105—95
‘‘(1) 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 Com-
mittee on Veterans’ Affairs of the Senate; and
‘‘(B) the Committee on Appropriations and the Com-
mittee on Veterans’ Affairs of the House of Representatives.
‘‘(2) The term ‘gender-specific services’ means mammog-
raphy, obstetric care, gynecological care, and such other services
as the Secretary determines appropriate.’’.
(2) REFERENCES TO HEALTH CARE AND SERVICES.—The ref-
erences 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 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) 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. WOMEN VETERANS RETROFIT INITIATIVE.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall
prioritize the retrofitting of existing medical facilities of the Depart-
ment of Veterans Affairs with fixtures, materials, and other outfit-
ting measures to support the provision of care to women veterans
at such facilities.
(b) PLAN.—
(1) 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 Rep-
resentatives 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.
H. R. 7105—96
(B) An assessment of how the Secretary prioritizes
retrofitting existing medical facilities to support provision
of care to women veterans in comparison to other require-
ments.
(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 appropria-
tions 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 pur-
poses set forth in such subsection.
SEC. 5103. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS
AND INSPECTIONS AT DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTERS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall estab-
lish 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 Vet-
erans 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) 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) a remediation plan.
(b) 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 SERV-
ICES 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 redesig-
nated 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:
H. R. 7105—97
‘‘(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 subpara-
graph.
‘‘(V) In each of fiscal years 2021 through 2025, the maximum
number of individuals to whom integration and readjustment serv-
ices 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) 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 thera-
peutically appropriate.’’.
SEC. 5105. 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 Commu-
nity 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 SUP-
PORTIVE SERVICES PROVIDED FOR VERY LOW-INCOME
WOMEN VETERANS.
(a) SURVEYS.—
(1) SURVEY OF WOMEN VETERANS.—The Comptroller Gen-
eral 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
H. R. 7105—98
satisfaction with the ability of such services to meet the specific
needs of such veterans.
(2) SURVEY OF ELIGIBLE ENTITIES.—The Comptroller Gen-
eral 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 serv-
ices 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 serv-
ices to women veterans under section 2044 of title 38, United
States.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) 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 sup-
portive 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) 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 Eco-
nomic 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 sub-
section (a).
(F) A review of the resources and programming offered
to woman veterans under such section.
H. R. 7105—99
(G) An assessment of such other areas as the Comp-
troller 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:
‘‘§ 1709C. Assistance for child care for certain veterans
receiving health care
‘‘(a) PROGRAM REQUIRED.—The Secretary shall carry out a pro-
gram 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 sub-
section (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 quali-
fied 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) 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 Depart-
ment.
‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) Child care assist-
ance 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 Pro-
gram 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 Fed-
eral agencies.
H. R. 7105—100
‘‘(E) Such other forms of assistance as the Secretary con-
siders 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 Care-
givers 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 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) PILOT PROGRAM ON ASSISTANCE FOR CHILD CARE FOR CER-
TAIN 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 advis-
ability 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 readjust-
ment 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
H. R. 7105—101
Affairs Child Care Subsidy Program established pursu-
ant to section 630 of the Treasury and General Govern-
ment 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 assist-
ance 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) ELEMENTS.—The report required by subparagraph
(A) shall include the findings and conclusions of the Sec-
retary 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 clini-
cally appropriate prosthetic appliances through each medical facility
of the Department.’’.
(b) REPORT.—
(1) 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 Depart-
ment of Veterans Affairs of prosthetics made for women vet-
erans, including an assessment of the availability of such pros-
thetics at medical facilities of the Department.
(2) ELEMENTS.—The report required by paragraph (1) shall
include—
H. R. 7105—102
(A) 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) an assessment of efforts by the Department on
research, development, and employment of additive manu-
facture 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 satis-
faction 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. 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 DEPART-
MENT OF VETERANS AFFAIRS.
(a) STUDY REQUIRED.—The Secretary of Veterans Affairs shall
conduct a study on the infertility services offerings at the Depart-
ment of Veterans Affairs.
(b) ELEMENTS.—The study conducted under subsection (a) shall
include the following:
(1) 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 individ-
uals.
(2) Identification of potential challenges in accessing infer-
tility services for eligible individuals.
(3) An analysis of Department resources for the furnishing
of infertility services, including analysis of Department
workforce and non-Department providers.
(4) 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).
H. R. 7105—103
(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 Depart-
ment 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 MILI-
TARY 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 Cen-
ters, 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. 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 med-
ical facility of the Department of Veterans Affairs has not fewer
than one full-time or part-time women’s health primary care pro-
vider 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 EMER-
GENCY CARE CLINICIANS IN WOMEN VETERANS HEALTH
CARE MINI-RESIDENCY PROGRAM.
(a) 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. ESTABLISHMENT OF WOMEN VETERAN TRAINING MODULE
FOR NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE PROVIDERS.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
H. R. 7105—104
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 mate-
rials to support competency throughout the community.
(c) ADMINISTRATION OF TRAINING MODULE.—The Secretary shall
administer the training module established under subsection (a)
to community providers through an internet website of the Depart-
ment.
(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 pro-
vider 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 pro-
vided.
SEC. 5204. STUDY ON STAFFING OF WOMEN VETERAN PROGRAM MAN-
AGER PROGRAM AT MEDICAL CENTERS OF DEPARTMENT
OF VETERANS AFFAIRS AND TRAINING OF STAFF.
(a) STUDY.—The Secretary of Veterans Affairs shall conduct
a study on the use of the Women Veteran Program Manager pro-
gram 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 Vet-
eran 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—
H. R. 7105—105
(1) complete a study on the Women Veteran Coordinator
program of the Veterans Benefits Administration of the Depart-
ment 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 appro-
priately staffed at each regional benefits office of the Depart-
ment.
(2) Whether each regional benefits office of the Department
is staffed with a Women Veteran Coordinator.
(3) The position description of the Women Veteran Coordi-
nator.
(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 deter-
mine the job performance and effectiveness of the Women Vet-
eran Coordinator.
SEC. 5206. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS
OF DEPARTMENT OF VETERANS AFFAIRS WHO ARE
WOMEN.
(a) ASSESSMENT OF CAPACITY.—
(1) 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 special-
ists who specialize in peer counseling on mental health
or suicide prevention.
(D) The number and proportion of women peer special-
ists 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) 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 Vet-
erans’ Affairs of the House of Representatives a plan, based
on the results of the assessment required by subsection (a),
H. R. 7105—106
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 TREAT-
MENT.—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 determina-
tion (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 determina-
tion (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 CONDI-
TIONS.—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 psycho-
logical 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’’.
H. R. 7105—107
SEC. 5302. ASSESSMENT OF EFFECTS OF INTIMATE PARTNER
VIOLENCE ON WOMEN VETERANS BY ADVISORY COM-
MITTEE 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:
‘‘§ 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 Administra-
tion, 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 Depart-
ment 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 account-
ability or disciplinary measures.
‘‘(B) A process for employees and contractors of the Depart-
ment 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 Sec-
retary 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 harass-
ment 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 harass-
ment 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
H. R. 7105—108
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 harass-
ment and sexual assault described in subparagraphs (A) and
(B) at such facility and the points of contact under subsection
(b).
‘‘(K) 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) 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 bene-
fits 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) 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 sub-
chapter V of chapter 74 of this title.
‘‘(d) 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:
H. R. 7105—109
‘‘(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) 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 Com-
mittee 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 subpara-
graphs (A) and (B) of subsection (a)(2) in facilities of the Depart-
ment.
‘‘(2) Each report submitted under paragraph (1) shall include
the following:
‘‘(A) Results of harassment and sexual assault program-
ming, including the End Harassment program.
‘‘(B) Results of studies from the Women’s Health Practice-
Based Research Network of the Department relating to harass-
ment and sexual assault.
‘‘(C) 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 harass-
ment and sexual assault at facilities of the Department.
‘‘(E) An assessment of the implementation of the training
required in subsection (a)(2)(H).
‘‘(F) 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 indi-
vidual 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.’’.
H. R. 7105—110
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter 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) DEADLINE.—The Secretary shall commence carrying out sec-
tion 533 of such title, as added by subsection (a), not later than
180 days after the date of enactment of this Act.
SEC. 5304. PILOT PROGRAM ON ASSISTING VETERANS WHO EXPERI-
ENCE 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 Depart-
ment.
(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 coali-
tions; 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 emer-
gency services or housing assistance.
(d) AUTHORIZED ACTIVITIES.—In carrying out the pilot program
under subsection (a), the Secretary may conduct the following activi-
ties:
(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 vet-
erans to intimate partner violence and sexual assault emer-
gency 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 sub-
section (a).
H. R. 7105—111
(e) INTIMATE PARTNER VIOLENCE AND SEXUAL ASSAULT OUT-
REACH 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 pro-
vide 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 comple-
tion 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) 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 para-
graph, 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 part-
ners.
(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.
H. R. 7105—112
SEC. 5305. STUDY AND TASK FORCE ON VETERANS EXPERIENCING
INTIMATE PARTNER VIOLENCE OR SEXUAL ASSAULT.
(a) NATIONAL BASELINE STUDY.—
(1) 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) 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 Sec-
retary 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) 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) 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 estab-
lish 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;
H. R. 7105—113
(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 rep-
resenting underserved and ethnic minority communities, with
demonstrated expertise in sexual assault prevention, response,
or advocacy.
(d) DUTIES.—The duties of the Task Force shall include the
following:
(1) To review existing services and policies of the Depart-
ment 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 experi-
encing 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 serv-
ices 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 con-
tracting 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 pro-
vided 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 vet-
erans, from intimate partner violence and sexual assault.
(7) To review and make recommendations to expand serv-
ices 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 there-
after 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:
H. R. 7105—114
(1) NATIVE AMERICAN VETERAN.—The term ‘‘Native Amer-
ican 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. 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 Depart-
ment 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) publish the data collected and analyzed under para-
graph (1), except for such cases in which the Secretary deter-
mines 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 Net-
work; 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 speci-
fied 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:
H. R. 7105—115
(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 pro-
viders.
(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 facili-
ties.
(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 facili-
ties 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 con-
siders 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 DIVI-
SIONS.—
(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 Sec-
retary 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.
H. R. 7105—116
(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) recommendations for such administrative and legis-
lative 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 con-
duct 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 mem-
bers of the Armed Forces.
(b) 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 pro-
gram; 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) 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) 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 mem-
bers of the Armed Forces’’ means members and former members
H. R. 7105—117
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-spe-
cific 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-trau-
matic 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 MILI-
TARY SEXUAL TRAUMA.—
(1) IN GENERAL.—subchapter VI of chapter 11 of such title
is amended by adding at the end the following new section:
‘‘§ 1164. Specialized teams to evaluate claims involving mili-
tary 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 mark-
ers 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 Diag-
nostic 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 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
H. R. 7105—118
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 special-
ized 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 aver-
age 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 Administra-
tion, or such contractors or other individuals as the Sec-
retary 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
H. R. 7105—119
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, BAT-
TERY 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:
‘‘§ 1165. Choice of sex of medical examiner for certain disabil-
ities
‘‘(a) IN GENERAL.—The Secretary shall ensure that a veteran
who requires a medical examination from a covered medical pro-
vider 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 sec-
tion, 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 begin-
ning of chapter 11 of such title, 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 IMPLE-
MENTING 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).
H. R. 7105—120
TITLE VI—REPRESENTATION AND
FINANCIAL EXPLOITATION MATTERS
SEC. 6001. 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. PLAN TO ADDRESS THE FINANCIAL EXPLOITATION OF VET-
ERANS RECEIVING PENSION FROM THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) DEVELOPMENT OF METHOD FOR SOLICITATION AND COLLEC-
TION 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 Depart-
ment, 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 periodi-
cally 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 sub-
section (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. OVERPAYMENTS OF PENSION TO VETERANS RECEIVING
PENSION FROM THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) 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 Sec-
retary 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.
H. R. 7105—121
(b) IDENTIFICATION AND TRACKING.—The Under Secretary shall
develop a method for identifying and tracking the number of individ-
uals who have received overpayments of pension under chapter
15 of title 38, United States Code.
(c) 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 Sec-
retary 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 pay-
ments of pension are provided to the correct recipients.
(b) SUBMISSION TO CONGRESS.—
(1) 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) A plan for implementing any administrative actions
identified under subsection (a)(2).
(D) A rationale for not implementing any actions evalu-
ated under paragraph (1) of subsection (a) but not identified
under paragraph (2) of such subsection.
H. R. 7105—122
SEC. 6005. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VET-
ERANS AFFAIRS TO ADDRESS THE FINANCIAL EXPLOI-
TATION 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 Representa-
tives 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 Depart-
ment 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. 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) 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’
H. R. 7105—123
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 representa-
tion 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 TRANSPOR-
TATION 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) 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) 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) The Secretary shall implement the protocol by first con-
ducting a one-year pilot program using the protocol.
‘‘(ii) 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 COM-
MITTEE 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:
‘‘§ 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, govern-
ment-to-government consultation between the Department and
Indian tribes or tribal organizations.
H. R. 7105—124
‘‘(4) 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 individ-
uals 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 organiza-
tions;
‘‘(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) 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) 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 Com-
mittee.
‘‘(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 informa-
tion under this paragraph may not receive additional compensation
for services performed with respect to the Committee.
‘‘(e) SUBCOMMITTEES.—(1) The Committee may establish sub-
committees.
‘‘(2) 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 Com-
mittee, 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.
H. R. 7105—125
‘‘(2) To identify for the Department evolving issues of rel-
evance to Indian tribes, tribal organizations, and Native Amer-
ican veterans relating to programs and services of the Depart-
ment.
‘‘(3) To propose clarifications, recommendations, and solu-
tions 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 organiza-
tions, urban Indian organizations, Native Hawaiian organiza-
tions, 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 organiza-
tions 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 Ameri-
cans and veterans.
‘‘(8) To highlight contributions of Native American veterans
in the Armed Forces.
‘‘(9) 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 organiza-
tions.
‘‘(11) To conduct other duties as recommended by the Com-
mittee.
‘‘(g) 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) 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 Com-
mittee 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) 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 Com-
mittee shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an employee of an agency
H. R. 7105—126
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 Com-
mittee on Indian Affairs of the Senate; and
‘‘(B) the Committee on Veterans’ Affairs and the Com-
mittee on Natural Resources of the House of Representa-
tives.
‘‘(2) The term ‘Indian tribe’ has the meaning given such
term in section 4 of the Indian Self-Determination and Edu-
cation 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 policy-
making 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 Improve-
ment Act (25 U.S.C. 1603).’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 546 the following new item:
‘‘547. Advisory Committee on Tribal and Indian Affairs.’’.
(b) 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) 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 GOVERN-
MENT 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
H. R. 7105—127
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 func-
tion 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 submit-
ting the report under such paragraph; and
(B) include in the report submitted under such para-
graph 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:
‘‘§ 8129. Preference for offerors employing veterans
‘‘(a) PREFERENCE.—(1) In awarding a contract for the procure-
ment of goods or services, the Secretary may give a preference
to offerors that employ veterans on a full-time basis.
‘‘(2) The Secretary shall determine such preference based on
the percentage of the full-time employees of the offeror who are
veterans.
‘‘(b) 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) 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 will-
fully 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 begin-
ning of chapter 81 of such title 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 REEMPLOY-
MENT 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
H. R. 7105—128
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) 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) 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 Sec-
retary 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 para-
graphs (1) and (2) of subsection (a).
H. R. 7105—129
(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) timelines and milestones the Secretary determines
feasible to complete each corrective action.
(3) 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 Sec-
retary identifies.
(7) Recommendations of the Secretary regarding legislation
or funding the Secretary determines necessary to implement
the plan.
(8) Any other information the Secretary determines is rel-
evant 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 Account-
ability 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) 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.
H. R. 7105—130
(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) 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 COMPLI-
ANCE WITH CERTAIN LIMITATIONS ON SUBCON-
TRACTING.
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. 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 Vet-
erans Affairs
SEC. 7101. 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 Representa-
tives 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—
H. R. 7105—131
(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 Vet-
erans Integrated Service Networks within the Veterans
Health Administration;
(ii) the chief financial officer of the Veterans Bene-
fits 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 Ceme-
tery Administration; and
(iv) the chief financial officer of the Office of
Information and Technology; and
(B) does not include the Inspector General.
SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAKNESSES AND PRO-
VIDING 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 dis-
cussed 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) A certification of the responsibility of the Chief Financial
Officer for internal financial controls of the Department.
(2) 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 mate-
rials.
SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR SUBORDI-
NATE 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
H. R. 7105—132
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) 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), by striking ‘‘Secretary of
Defense’’ and inserting ‘‘Secretary concerned’’; and
(2) in paragraph (2)(C)(ii), by striking ‘‘Secretary of
Defense’’ and inserting ‘‘Secretary concerned’’.
H. R. 7105—133
(b) RETROACTIVE APPLICATION.—The amendments made by this
section shall apply to stop movement orders issued on or after
March 1, 2020.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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