Amendment SA 2695 to S. 3451, Veterans Health Care and Benefits Improvement Act — Congressional Record
Summary
A page of the Congressional Record, Senate, dated December 9, 2020, beginning at page S7332, under the heading Text of Amendments, in a very long document. It opens with SA 2695, proposed by Mr. Thune for Mr. Scott of South Carolina and Mr. Murphy to the bill S. 3451, on food allergies and related disorders, striking all after the enacting clause and inserting the Johnny Isakson and David Roe Veterans Health Care and Benefits Improvement Act of 2020, with a table of contents on education, pandemic assistance, benefits, housing and burial. SA 2697, proposed by Mr. Inhofe for Mr. Peters to S. 3418, would amend the Stafford Act for hazard mitigation revolving funds. Near the end, a unanimous consent request takes up S. 4996, a bill to ensure funding of the government and extend temporary bankruptcy judgeships.
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“Amendment SA 2695 to S. 3451, Veterans Health Care and Benefits Improvement Act — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-09-crec-2020-12-09-pt1-pgs7332-f15bac7426/
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S7332 CONGRESSIONAL RECORD — SENATE December 9, 2020
flexibility for the Secretary of Veterans Af- Sec. 1011. Clarification regarding the de- TITLE II—BENEFITS
fairs in caring for homeless veterans during pendents to whom entitlement Subtitle A—Benefits Generally
a covered public health emergency, to direct to educational assistance may
Sec. 2001. Revision of definition of Vietnam
the Secretary of Veterans Affairs to carry be transferred under the Post 9/
era for purposes of the laws ad-
out a retraining assistance program for un- 11 Educational Assistance Pro-
ministered by the Secretary of
employed veterans, and for other purposes. gram.
Veterans Affairs.
SA 2697. Mr. INHOFE (for Mr. PETERS) pro- Sec. 1012. Expansion of reasons for which a
Sec. 2002. Matters relating to Department of
posed an amendment to the bill S. 3418, to course of education may be dis-
Veterans Affairs medical dis-
amend the Robert T. Stafford Disaster Relief approved.
ability examinations.
and Emergency Assistance Act to allow the Sec. 1013. Oversight of educational institu-
Sec. 2003. Medal of Honor special pension for
Administrator of the Federal Emergency tions with approved programs:
surviving spouses.
Management Agency to provide capitaliza- risk-based surveys.
Sec. 2004. Modernization of service-disabled
tion grants to States to establish revolving Sec. 1014. Oversight of educational institu-
veterans insurance.
funds to provide hazard mitigation assist- tions subject to Government
Sec. 2005. Denial of claims for traumatic in-
ance to reduce risks from disasters and nat- action for purposes of the edu-
jury protection under
ural hazards, and other related environ- cational assistance programs of
Servicemembers’ Group Life In-
mental harm. the Department of Veterans Af-
surance.
f fairs.
Sec. 2006. Publication and acceptance of dis-
Sec. 1015. Additional requirement for ap-
TEXT OF AMENDMENTS ability benefit questionnaire
proval of educational institu-
forms of Department of Vet-
SA 2695. Mr. THUNE (for Mr. SCOTT tions for purposes of the edu-
erans Affairs.
of South Carolina (for himself and Mr. cational assistance programs of
Sec. 2007. Threshold for reporting debts to
the Department of Veterans Af-
MURPHY)) proposed an amendment to consumer reporting agencies.
fairs.
the bill S. 3451, to improve the health Sec. 2008. Removal of dependents from
Sec. 1016. Clarification of accreditation for
and safety of Americans living with award of compensation or pen-
law schools for purposes of the
sion.
food allergies and related disorders, in- educational assistance pro-
Sec. 2009. Eligibility for dependency and in-
cluding potentially life-threatening an- grams of the Department of
demnity compensation for sur-
aphylaxis, food protein-induced Veterans Affairs.
viving spouses who remarry
enterocolitis syndrome, and Sec. 1017. Clarification of grounds for dis-
after age 55.
approval of a course for pur-
eosinophilic gastrointestinal diseases, Sec. 2010. Study on exposure by members of
poses of the educational assist-
and for other purposes; as follows: the Armed Forces to toxicants
ance programs of the Depart-
Strike all after the enacting clause and in- at Karshi-Khanabad Air Base in
ment of Veterans Affairs.
sert the following: Uzbekistan.
Sec. 1018. Requirements for educational in-
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Sec. 2011. Comptroller General briefing and
stitutions participating in the
report on repealing manifesta-
(a) SHORT TITLE.—This Act may be cited as educational assistance pro-
tion period for presumptions of
the ‘‘Johnny Isakson and David P. Roe, M.D. grams of the Department of
service connection for certain
Veterans Health Care and Benefits Improve- Veterans Affairs.
diseases associated with expo-
ment Act of 2020’’. Sec. 1019. Overpayments to eligible persons
sure to certain herbicide
(b) TABLE OF CONTENTS.—The table of con- or veterans.
agents.
tents for this Act is as follows: Sec. 1020. Improvements to limitation on
Sec. 2012. Extension of authority of Sec-
Sec. 1. Short title; table of contents. certain advertising, sales, and
retary of Veterans Affairs to
Sec. 2. Determination of budgetary effects. enrollment practices.
use income information from
TITLE I—EDUCATION Sec. 1021. Charge to entitlement to edu-
other agencies.
cational assistance for individ-
Subtitle A—Education Generally Sec. 2013. Extension on certain limits on
uals who do not transfer credits
Sec. 1001. Improvements to Edith Nourse payments of pension.
from certain closed or dis-
Rogers STEM Scholarship pro- approved programs of edu- Subtitle B—Housing
gram of Department of Vet- cation. Sec. 2101. Eligibility of certain members of
erans Affairs. Sec. 1022. Department of Veterans Affairs the reserve components of the
Sec. 1002. Expansion of eligibility for Fry treatment of for-profit edu- Armed Forces for home loans
Scholarship to children and cational institutions converted from the Secretary of Veterans
spouses of certain deceased to nonprofit educational insti- Affairs.
members of the Armed Forces. tutions. Sec. 2102. Reducing loan fees for certain vet-
Sec. 1003. Period for election to receive ben- Sec. 1023. Authority of State approving erans affected by major disas-
efits under All-Volunteer Edu- agencies to conduct outreach ters.
cational Assistance Program of activities. Sec. 2103. Extension of certain housing loan
Department of Veterans Af- Sec. 1024. Limitation on colocation and ad- fees.
fairs. ministration of State approving Sec. 2104. Collection of overpayments of spe-
Sec. 1004. Phase out of All-Volunteer Edu- agencies. cially adapted housing assist-
cational Assistance Program. Sec. 1025. Elimination of period of eligibility ance.
Sec. 1005. Requirements for in-State tuition. for training and rehabilitation
Sec. 1006. Expansion of authority for certain Subtitle C—Burial Matters
for certain veterans with serv- Sec. 2201. Transportation of deceased vet-
qualifying work-study activi- ice-connected disabilities.
ties for purposes of the edu- erans to veterans’ cemeteries.
cational assistance programs of Subtitle B—Pandemic Assistance Sec. 2202. Increase in certain funeral bene-
the Department of Veterans Af- Sec. 1101. Definitions. fits under laws administered by
fairs to include outreach serv- Sec. 1102. Continuation of Department of the Secretary of Veterans Af-
ices provided through congres- Veterans Affairs educational fairs.
sional offices. assistance benefits during Sec. 2203. Outer burial receptacles for each
Sec. 1007. Restoration of entitlement to re- COVID–19 emergency. new grave in cemeteries that
habilitation programs for vet- Sec. 1103. Effects of closure of educational are the subjects of certain
erans affected by school closure institution and modification of grants made by the Secretary
or disapproval. courses by reason of COVID-19 of Veterans Affairs.
Sec. 1008. Technical correction to clarify eli- emergency. Sec. 2204. Provision of inscriptions for
gibility for participation in Sec. 1104. Payment of educational assistance spouses and children on certain
Yellow Ribbon Program of De- in cases of withdrawal. headstones and markers fur-
partment of Veterans Affairs. Sec. 1105. Modification of time limitations nished by the Secretary of Vet-
Sec. 1009. Clarification of educational assist- on use of entitlement. erans Affairs.
ance for individuals who pursue Sec. 1106. Apprenticeship or on-job training Sec. 2205. Aid to counties for establishment,
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an approved program of edu- requirements. expansion, and improvement of
cation leading to a degree while Sec. 1107. Inclusion of training establish- veterans’ cemeteries.
on active duty. ments in certain provisions re- Sec. 2206. Increase in maximum amount of
Sec. 1010. Verification of enrollment for pur- lated to COVID-19 emergency. grants to States, counties, and
poses of receipt of Post-9/11 Sec. 1108. Treatment of payment of allow- tribal organizations for oper-
Educational Assistance bene- ances under Student Veteran ating and maintaining vet-
fits. Coronavirus Response Act. erans’ cemeteries.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7333
Sec. 2207. Provision of urns and commemo- Subtitle B—Assistance for Homeless Sec. 5109. Requirement to improve Depart-
rative plaques for remains of Veterans ment of Veterans Affairs
certain veterans whose cre- Sec. 4201. Flexibility for the Secretary of women veterans call center.
mated remains are not interred Veterans Affairs in caring for Sec. 5110. Study on infertility services fur-
in certain cemeteries. homeless veterans during a cov- nished at Department of Vet-
Sec. 2208. Training of State and tribal vet- ered public health emergency. erans Affairs.
erans’ cemetery personnel by Sec. 4202. Legal services for homeless vet- Sec. 5111. Sense of Congress on access to fa-
National Cemetery Administra- erans and veterans at risk for cilities of Department of Vet-
tion. homelessness. erans Affairs by reservists for
Sec. 4203. Gap analysis of Department of counseling and treatment relat-
TITLE III—HEALTH CARE
Veterans Affairs programs that ing to military sexual trauma.
Subtitle A—Health Care Generally provide assistance to women Subtitle B—Increasing Staff Cultural
Sec. 3001. Expansion of modifications to veterans who are homeless. Competency
Veteran Directed Care program. Sec. 4204. Improvements to grants awarded Sec. 5201. Staffing of women’s health pri-
Sec. 3002. Prohibition on collection of a by the Secretary of Veterans mary care providers at medical
health care copayment by the Affairs to entities that provide facilities of Department of Vet-
Secretary of Veterans Affairs services to homeless veterans. erans Affairs.
from a veteran who is a mem- Sec. 4205. Repeal of sunset on authority to Sec. 5202. Additional funding for primary
ber of an Indian tribe. carry out program of referral care and emergency care clini-
Sec. 3003. Oversight for State homes regard- and counseling services for vet- cians in Women Veterans
ing COVID–19 infections, re- erans at risk for homelessness Health Care Mini-Residency
sponse capacity, and staffing who are transitioning from cer- Program.
levels. tain institutions. Sec. 5203. Establishment of women veteran
Sec. 4206. Coordination of case management training module for non-De-
Sec. 3004. Grants for State homes located on
services for veterans receiving partment of Veterans Affairs
tribal lands.
housing vouchers under Tribal health care providers.
Sec. 3005. Continuation of Women’s Health Housing and Urban Develop-
Transition Training program of Sec. 5204. Study on staffing of women vet-
ment-Veterans Affairs Sup- eran program manager program
Department of Veterans Af- portive Housing program.
fairs. at medical centers of Depart-
Sec. 4207. Contracts relating to case man- ment of Veterans Affairs and
Sec. 3006. Authority for Secretary of Vet- agers for homeless veterans in
erans Affairs to furnish medi- training of staff.
supported housing program. Sec. 5205. Study on Women Veteran Coordi-
cally necessary transportation Sec. 4208. Report on staffing of Department
for newborn children of certain nator program.
of Housing and Urban Develop- Sec. 5206. Staffing improvement plan for
women veterans. ment-Department of Veterans peer specialists of Department
Sec. 3007. Waiver of requirements of Depart- Affairs supported housing pro- of Veterans Affairs who are
ment of Veterans Affairs for re- gram. women.
ceipt of per diem payments for Subtitle C—Retraining Assistance for
domiciliary care at State Subtitle C—Eliminating Harassment and
Veterans Assault
homes and modification of eli- Sec. 4301. Access for the Secretaries of
gibility for such payments. Sec. 5301. Expansion of coverage by Depart-
Labor and Veterans Affairs to
Sec. 3008. Expansion of quarterly update of ment of Veterans Affairs of
the Federal directory of new
information on staffing and va- counseling and treatment for
hires.
cancies at facilities of the De- sexual trauma.
Sec. 4302. Expansion of eligible class of pro-
partment of Veterans Affairs to Sec. 5302. Assessment of effects of intimate
viders of high technology pro-
include information on dura- partner violence on women vet-
grams of education for vet-
tion of hiring process. erans by Advisory Committee
erans.
Sec. 3009. Requirement for certain Depart- on Women Veterans.
Sec. 4303. Pilot program for off-base transi-
ment of Veterans Affairs med- Sec. 5303. Anti-harassment and anti-sexual
tion training for veterans and
ical facilities to have physical assault policy of Department of
spouses.
location for the disposal of con- Sec. 4304. Grants for provision of transition Veterans Affairs.
trolled substances medications. Sec. 5304. Pilot program on assisting vet-
assistance to members of the
erans who experience intimate
Sec. 3010. Department of Veterans Affairs Armed Forces after separation,
partner violence or sexual as-
pilot program for clinical obser- retirement, or discharge.
Sec. 4305. One-year independent assessment sault.
vation by undergraduate stu-
Sec. 5305. Study and task force on veterans
dents. of the effectiveness of Transi-
experiencing intimate partner
Subtitle B—Scheduling and Consult tion Assistance Program.
Sec. 4306. Longitudinal study on changes to violence or sexual assault.
Management Subtitle D—Data Collection and Reporting
Transition Assistance Program.
Sec. 3101. Process and requirements for TITLE V—DEBORAH SAMPSON Sec. 5401. Requirement for collection and
scheduling appointments for analysis of data on Department
health care from Department of Sec. 5001. Short title.
of Veterans Affairs benefits and
Veterans Affairs and non-De- Subtitle A—Improving Access for Women
services and disaggregation of
partment health care. Veterans to the Department of Veterans
such data by gender, race, and
Sec. 3102. Audits regarding scheduling of ap- Affairs
ethnicity.
pointments and management of Sec. 5101. Office of Women’s Health in De- Sec. 5402. Study on barriers for women vet-
consultations for health care partment of Veterans Affairs. erans to receipt of health care
from Department of Veterans Sec. 5102. Women veterans retrofit initia- from Department of Veterans
Affairs and non-Department tive. Affairs.
health care. Sec. 5103. Establishment of environment of Sec. 5403. Study on feasibility and advis-
Sec. 3103. Administration of non-Depart- care standards and inspections ability of offering Parenting
ment of Veterans Affairs health at Department of Veterans Af- STAIR program at all medical
care. fairs medical centers. centers of Department of Vet-
Sec. 5104. Provision of reintegration and re- erans Affairs.
Sec. 3104. Examination of health care con-
adjustment services to veterans
sultation and scheduling posi- Subtitle E—Benefits Matters
and family members in group
tions of Department of Vet- Sec. 5501. Evaluation of service-connection
retreat settings.
erans Affairs. of mental health conditions re-
Sec. 5105. Provision of legal services for
TITLE IV—NAVY SEAL BILL MULDER women veterans. lating to military sexual trau-
Sec. 4001. Short title. Sec. 5106. Comptroller General surveys and ma.
report on supportive services Sec. 5502. Choice of sex of Department of
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Subtitle A—Service-connection and COVID– Veterans Affairs medical exam-
provided for very low-income
19 iner for assessment of claims
women veterans.
Sec. 4101. Presumptions of service-connec- Sec. 5107. Programs on assistance for child for compensation relating to
tion for members of Armed care for certain veterans. disability resulting from phys-
Forces who contract Sec. 5108. Availability of prosthetics for ical assault of a sexual nature,
Coronavirus Disease 2019 under women veterans from Depart- battery of a sexual nature, or
certain circumstances. ment of Veterans Affairs. sexual harassment.
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S7334 CONGRESSIONAL RECORD — SENATE December 9, 2020
Sec. 5503. Secretary of Veterans Affairs re- Sec. 7104. Chief Financial Officer responsi- clinical training program for health care
port on implementing rec- bility for subordinate chief fi- professionals.
ommendations of Inspector nancial officers. ‘‘(E) Individuals who have earned a grad-
General of Department of Vet- Subtitle C—Servicemembers Civil Relief uate degree and are enrolled in a covered
erans Affairs in certain report Sec. 7201. Clarification of delivery of notice clinical training program for health care
on denied posttraumatic stress of termination of leases of professionals.’’.
disorder claims related to mili- premises and motor vehicles for (c) AMOUNTS NOT SUBJECT TO CERTAIN LIMI-
tary sexual trauma. purposes of relief under TATION.—Subsection (d) of such section is
TITLE VI—REPRESENTATION AND Servicemembers Civil Relief amended by adding at the end the following
FINANCIAL EXPLOITATION MATTERS Act. new paragraph:
Sec. 6001. Short title. Sec. 7202. Technical correction regarding ex- ‘‘(4) Notwithstanding any other provision
Sec. 6002. Plan to address the financial ex- tension of lease protections for of this chapter or chapter 36 of this title, any
ploitation of veterans receiving servicemembers under stop additional benefits under this section may
pension from the Department of movement orders in response to not be counted toward the aggregate period
Veterans Affairs. local, national, or global emer- for which section 3695 of this title limits an
Sec. 6003. Overpayments of pension to vet- gency. individual’s receipt of allowance or assist-
erans receiving pension from SEC. 2. DETERMINATION OF BUDGETARY EF- ance.’’.
the Department of Veterans Af- FECTS. (d) COVERED CLINICAL TRAINING PROGRAM
fairs. The budgetary effects of this Act, for the DEFINED.—Such section is further amended
Sec. 6004. Evaluation of additional actions purpose of complying with the Statutory by adding at the end the following new sub-
for verifying direct deposit in- Pay-As-You-Go Act of 2010, shall be deter- section:
formation provided by veterans mined by reference to the latest statement ‘‘(h) COVERED CLINICAL TRAINING PROGRAM
on applications for veterans titled ‘‘Budgetary Effects of PAYGO Legisla- DEFINED.—In this section, the term ‘covered
pension. tion’’ for this Act, submitted for printing in clinical training program’ means any clin-
Sec. 6005. Annual report on efforts of De- the Congressional Record by the Chairman of ical training required by a health care pro-
partment of Veterans Affairs to the House Budget Committee, provided that fessional to be licensed to practice in a State
such statement has been submitted prior to or locality.’’.
address the financial exploi-
the vote on passage.
tation of veterans receiving SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY
pension. TITLE I—EDUCATION SCHOLARSHIP TO CHILDREN AND
Sec. 6006. Notice regarding fees charged in Subtitle A—Education Generally SPOUSES OF CERTAIN DECEASED
connection with filing an appli- SEC. 1001. IMPROVEMENTS TO EDITH NOURSE MEMBERS OF THE ARMED FORCES.
cation for veterans pension. ROGERS STEM SCHOLARSHIP PRO- (a) IN GENERAL.—Subsection (b) of section
Sec. 6007. Outreach plan for educating vul- GRAM OF DEPARTMENT OF VET- 3311 of title 38, United States Code, as
ERANS AFFAIRS. amended by section 105 of the Harry W.
nerable veterans about poten-
tial financial exploitation re- (a) CLARIFICATION AND EXPANSION OF ELIGI- Colmery Veterans Educational Assistance
BILITY.—Subsection (b)(4) of section 3320 of Act of 2017 (Public Law 115–48), is further
lating to the receipt of pension.
title 38, United States Code, is amended— amended—
TITLE VII—OTHER MATTERS (1) in subparagraph (A)(i)— (1) by redesignating paragraph (9) as para-
Subtitle A—Administrative and Other (A) in the matter preceding subclause (I), graph (11); and
Matters by inserting ‘‘, or a dual degree program that (2) by inserting after paragraph (8) the fol-
Sec. 7001. Medical examination protocol for includes such an undergraduate college de- lowing new paragraphs (9) and (10):
volunteer drivers participating gree,’’ after ‘‘undergraduate college degree’’; ‘‘(9) An individual who is the child or
in program of transportation (B) by striking subclause (IX); and spouse of a person who, on or after Sep-
services for veterans. (C) by redesignating subclauses (X) and tember 11, 2001, dies in line of duty while
Sec. 7002. Department of Veterans Affairs (XI) as subclauses (IX) and (X), respectively; serving on duty other than active duty as a
Advisory Committee on Tribal (2) in subparagraph (B)— member of the Armed Forces.
and Indian Affairs. (A) by inserting ‘‘covered clinical training ‘‘(10) An individual who is the child or
Sec. 7003. Preference for offerors employing program for health care professionals or a’’ spouse of a member of the Selected Reserve
veterans. before ‘‘program of education’’; and who dies on or after September 11, 2001, while
Sec. 7004. Extension of certain employment (B) by striking the period at the end and a member of the Selected Reserve from a
and reemployment rights to inserting ‘‘; or’’; and service-connected disability.’’.
members of the National Guard (3) by adding at the end the following new
(b) CONFORMING AMENDMENTS.—Title 38,
who perform State active duty. subparagraph:
United States Code, is amended as follows:
Sec. 7005. Repayment of misused benefits. ‘‘(C) is an individual who has earned a
(1) In section 3311(f), by striking ‘‘para-
Sec. 7006. Exemption of certain transfers. graduate degree in a field referred to in sub-
graph (8)’’ each place it appears and insert-
Sec. 7007. Report and planned actions of the paragraph (A)(i) and is enrolled in a covered
ing ‘‘paragraphs (8), (9), and (10)’’.
Secretary of Veterans Affairs clinical training program for health care
(2) In section 3313(c)(1), by striking ‘‘(8), or
to address certain high-risk professionals.’’.
(9)’’ and inserting ‘‘(8), (9), (10), or (11)’’.
areas of the Department of Vet- (b) PRIORITY.—Subsection (c) of such sec-
tion is amended to read as follows: (3) In section 3317(a), in the second sen-
erans Affairs. tence, by striking ‘‘paragraphs (1), (2), (8),
Sec. 7008. Annual report by Secretary of ‘‘(c) PRIORITY.—(1) If the Secretary deter-
mines that there are insufficient funds avail- and (9)’’ and inserting ‘‘paragraphs (1), (2),
Veterans Affairs on implemen- (8), (9), (10), and (11)’’.
tation of priority recommenda- able in a fiscal year to provide additional
benefits under this section to all eligible in- (4) In section 3320, as amended by section
tions of Comptroller General of 1001 of this title, in subsection (c)(1)(B), by
the United States pertaining to dividuals, the Secretary may give priority to
the following eligible individuals: striking ‘‘(8), or (9)’’ and inserting ‘‘(8), (9),
Department of Veterans Af- (10), or (11)’’.
fairs. ‘‘(A) Individuals who require the most
credit hours described in subsection (b)(4). (5) In section 3322—
Sec. 7009. Clarification of methods used to (A) in subsection (e), by striking both ‘‘sec-
monitor compliance with cer- ‘‘(B) Individuals who are entitled to edu-
cational assistance under this chapter by tions 3311(b)(8) and 3319’’ and inserting ‘‘sec-
tain limitations on subcon- tion 3319 and paragraph (8), (9), or (10) of sec-
tracting. reason of paragraph (1), (2), (8), or (9) of sec-
tion 3311(b) of this title. tion 3311 of this title’’;
Sec. 7010. Department of Veterans Affairs (B) in subsection (f), by striking ‘‘section
‘‘(2) The Secretary shall give priority to in-
requirement to provide certain 3311(b)(8)’’ and inserting ‘‘paragraph (8), (9),
dividuals under paragraph (1) in the fol-
notice to persons filing claims or (10) of section 3311 of this title’’; and
lowing order:
for damage, injury, or death on (C) in subsection (h)(2), by striking ‘‘either
‘‘(A) Individuals who are enrolled in a pro-
Standard Form 95. section 3311(b)(8) or chapter 35’’ and inserting
gram of education leading to an under-
Subtitle B—Matters Relating to the Chief graduate degree in a field referred to in sub- ‘‘either chapter 35 or paragraph (8), (9), or
Financial Officer of Department of Vet- section (b)(4)(A)(i). (10) of section 3311’’.
erans Affairs ‘‘(B) Individuals who are enrolled in a pro- (c) APPLICABILITY DATE.—The amendments
Sec. 7101. Definitions. gram of education leading to a teaching cer- made by this section shall take effect imme-
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Sec. 7102. Plans for addressing material tificate. diately after the amendments made by sec-
weaknesses and providing suffi- ‘‘(C) Individuals who are enrolled in a dual- tion 105 of the Harry W. Colmery Veterans
cient authority to Chief Finan- degree program leading to both an under- Educational Assistance Act of 2017 (Public
cial Officer of Department of graduate and graduate degree in a field re- Law 115–48) take effect and shall apply with
Veterans Affairs. ferred to in subsection (b)(4)(A)(i). respect to a quarter, semester, or term, as
Sec. 7103. Chief Financial Officer attesta- ‘‘(D) Individuals who have earned an under- applicable, commencing on or after August 1,
tion. graduate degree and are enrolled in a covered 2021.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7335
SEC. 1003. PERIOD FOR ELECTION TO RECEIVE ments to assist in the preparation and pres- ing educational assistance under this chap-
BENEFITS UNDER ALL-VOLUNTEER entation of claims for benefits under laws ad- ter to submit to the Secretary verification of
EDUCATIONAL ASSISTANCE PRO-
ministered by the Secretary.’’. such enrollment for each month during
GRAM OF DEPARTMENT OF VET-
(b) EFFECTIVE DATE.—The amendment which the individual is so enrolled and re-
ERANS AFFAIRS.
made by subsection (a) shall take effect on ceiving such educational assistance.
(a) IN GENERAL.—Section 3011 of title 38,
August 1, 2021. ‘‘(2) Verification under this subsection
United States Code, is amended—
SEC. 1007. RESTORATION OF ENTITLEMENT TO shall be in an electronic form prescribed by
(1) in subsection (c)(1), by striking ‘‘Any REHABILITATION PROGRAMS FOR the Secretary.
such election shall be made at the time the VETERANS AFFECTED BY SCHOOL ‘‘(3) If an individual fails to submit the
individual initially enters on active duty as CLOSURE OR DISAPPROVAL. verification required under paragraph (1)(B)
a member of the Armed Forces’’ and insert- (a) ENTITLEMENT.—Section 3699 of title 38, for two consecutive months, the Secretary
ing ‘‘Any such election shall be made during United States Code, is amended by striking may not make a monthly stipend payment
the 90-day period beginning on the day that ‘‘chapter 30,’’ each time it appears and in- to the individual under this section until the
is 180 days after the date on which the indi- serting ‘‘chapter 30, 31,’’. individual submits such verification.’’.
vidual initially enters initial training’’; and (b) PAYMENT OF SUBSISTENCE ALLOW- (b) EFFECTIVE DATE.—The amendment
(2) in subsection (b)(1), by striking ‘‘that ANCES.—Section 3680(a)(2)(B) of title 38, made by subsection (a) shall take effect on
such individual is entitled to such pay’’ and United States Code, is amended— August 1, 2021.
inserting ‘‘that begin after the date that is (1) by inserting ‘‘or a subsistence allow- SEC. 1011. CLARIFICATION REGARDING THE DE-
270 days after the date on which the indi- ance described in section 3108’’ before ‘‘, dur- PENDENTS TO WHOM ENTITLEMENT
vidual initially enters initial training’’. ing’’; and TO EDUCATIONAL ASSISTANCE MAY
(b) EFFECTIVE DATE.—The amendments (2) by inserting ‘‘or allowance’’ after ‘‘such BE TRANSFERRED UNDER THE POST
made by subsection (a) shall take effect on 9/11 EDUCATIONAL ASSISTANCE
a stipend’’.
the date that is two years after the date of PROGRAM.
(c) CONFORMING AMENDMENT.—Section 7 of
the enactment of this Act. the Student Veteran Coronavirus Response (a) IN GENERAL.—Section 3319(c) of title 38,
United States Code, is amended to read as
SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDU- Act of 2020 (134 Stat. 634; Public Law 116–140)
CATIONAL ASSISTANCE PROGRAM. follows:
is hereby repealed.
Subsection (a)(1)(A) of section 3011 of title ‘‘(c) ELIGIBLE DEPENDENTS.—
(d) EFFECTIVE DATE.—The amendments
38, United States Code, is amended by strik- ‘‘(1) TRANSFER.—An individual approved to
made by this section shall apply as if in-
transfer an entitlement to educational as-
ing ‘‘after June 30, 1985’’ and inserting ‘‘dur- cluded in the enactment of section 109 of the
sistance under this section may transfer the
ing the period beginning July 1, 1985, and Harry W. Colmery Veterans Educational As-
individual’s entitlement to an eligible de-
ending September 30, 2030’’. sistance Act of 2017 (Public Law 115–48; 131
pendent or a combination of eligible depend-
SEC. 1005. REQUIREMENTS FOR IN-STATE TUI- Stat. 978).
TION. ents.
SEC. 1008. TECHNICAL CORRECTION TO CLARIFY
(a) IN GENERAL.—Section 3679(c) of title 38, ELIGIBILITY FOR PARTICIPATION IN
‘‘(2) DEFINITION OF ELIGIBLE DEPENDENT.—
United States Code, is amended— YELLOW RIBBON PROGRAM OF DE- For purposes of this subsection, the term ‘el-
(1) in paragraph (2)(A), by striking ‘‘less PARTMENT OF VETERANS AFFAIRS. igible dependent’ has the meaning given the
than three years before the date of enroll- Section 3317(a) of title 38, United States term ‘dependent’ under subparagraphs (A),
ment in the course concerned’’; and Code, is amended— (I), and (D) of section 1072(2) of title 10.’’.
(1) by striking ‘‘the full cost of established (b) APPLICABILITY.—The amendment made
(2) in paragraph (4)—
charges (as specified in section 3313)’’ and in- by subsection (a) shall apply with respect to
(A) by striking ‘‘It shall’’ and inserting
serting ‘‘the full cost of tuition and fees for educational assistance payable under chap-
‘‘(A) It shall’’; and
a program of education’’; and ter 33 of title 38, United States Code, before,
(B) by adding at the end the following new
(2) by striking ‘‘those established charges’’ on, or after the date that is 90 days after the
subparagraph:
and inserting ‘‘such tuition and fees’’. date of the enactment of this Act.
‘‘(B) To the extent feasible, the Secretary
SEC. 1009. CLARIFICATION OF EDUCATIONAL AS- SEC. 1012. EXPANSION OF REASONS FOR WHICH A
shall make publicly available on the internet COURSE OF EDUCATION MAY BE DIS-
website of the Department a database ex- SISTANCE FOR INDIVIDUALS WHO
PURSUE AN APPROVED PROGRAM APPROVED.
plaining any requirements described in sub- (a) IN GENERAL.—Section 3672(b)(2) of title
OF EDUCATION LEADING TO A DE-
paragraph (A) that are established by a pub- GREE WHILE ON ACTIVE DUTY. 38, United States Code, is amended—
lic institution of higher learning for an indi- (1) in subparagraph (A)(i), by inserting or
(a) IN GENERAL.—Section 3313(e) of title 38,
vidual to be charged tuition and fees at a ‘‘or (D)’’ after ‘‘subparagraph (C)’’; and
United States Code, is amended—
rate that is equal to or less than the rate the (2) by adding at the end the following new
(1) in the heading, by inserting ‘‘FOR A PE-
institution charges for tuition and fees for subparagraph:
RIOD OF MORE THAN 30 DAYS’’ after ‘‘ACTIVE
residents of the State in which the institu- ‘‘(D) A program that is described in sub-
DUTY’’;
tion is located. The Secretary shall dis- paragraph (A)(i) of this paragraph and of-
(2) in paragraph (1), by inserting ‘‘for a pe-
approve a course of education provided by fered by an educational institution that is at
riod of more than 30 days’’ after ‘‘active
such an institution that does not provide the risk of losing accreditation shall not be
duty’’; and
Secretary— deemed to be approved for purposes of this
(3) in paragraph (2), in the matter pre-
‘‘(i) an initial explanation of such require- chapter. For purposes of this subparagraph,
ceding subparagraph (A), by inserting ‘‘for a
ments; and an educational institution is at risk of losing
period of more than 30 days’’ after ‘‘active
‘‘(ii) not later than 90 days after the date accreditation if that educational institution
duty’’.
on which any such requirements change, the (b) EFFECTIVE DATE.—The amendments has received from the relevant accrediting
updated requirements.’’. made by subsection (a) shall take effect on agency or association a notice described in
(b) APPLICATION.—The amendments made section 3673(e)(2)(D) of this title.’’.
August 1, 2022.
by this section shall apply with respect to a (b) EFFECTIVE DATE.—The amendments
SEC. 1010. VERIFICATION OF ENROLLMENT FOR
quarter, semester, or term, as applicable, PURPOSES OF RECEIPT OF POST-9/11 made by subsection (a) shall take effect on
commencing on or after August 1, 2021. EDUCATIONAL ASSISTANCE BENE- August 1, 2021.
SEC. 1006. EXPANSION OF AUTHORITY FOR CER- FITS. SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTI-
TAIN QUALIFYING WORK-STUDY AC- (a) IN GENERAL.—Section 3313 of title 38, TUTIONS WITH APPROVED PRO-
TIVITIES FOR PURPOSES OF THE GRAMS: RISK-BASED SURVEYS.
United States Code, is amended by adding at
EDUCATIONAL ASSISTANCE PRO- (a) RISK-BASED SURVEYS.—
GRAMS OF THE DEPARTMENT OF
the end the following new subsection:
VETERANS AFFAIRS TO INCLUDE ‘‘(l) VERIFICATION OF ENROLLMENT.—(1) The (1) IN GENERAL.—Subchapter I of chapter
OUTREACH SERVICES PROVIDED Secretary shall require— 36, United States Code, is amended by insert-
THROUGH CONGRESSIONAL OF- ‘‘(A) each educational institution to sub- ing after section 3673 the following new sec-
FICES. mit to the Secretary verification of each in- tion:
(a) IN GENERAL.—Section 3485(a)(4) of title dividual who is enrolled in a course or pro- ‘‘§ 3673A. Risk-based surveys
38, United States Code, is amended by adding gram of education at the educational institu- ‘‘(a) DEVELOPMENT REQUIRED.—The Sec-
at the end the following new subparagraph: tion and is receiving educational assistance retary, in partnership with State approving
‘‘(K) The following activities carried out at under this chapter— agencies, shall develop a searchable risk-
the offices of Members of Congress for such ‘‘(i) not later than such time as the Sec- based survey for oversight of educational in-
Members: retary determines reasonable after the date stitutions with courses and programs of edu-
‘‘(i) The distribution of information to on which the individual is enrolled; and cation approved under this chapter.
ctelli on DSK11ZRN23PROD with SENATE
members of the Armed Forces, veterans, and ‘‘(ii) not later than such time as the Sec- ‘‘(b) SCOPE.—(1) The scope of the risk-based
their dependents about the benefits and serv- retary determines reasonable after the last survey developed under subsection (a) shall
ices under laws administered by the Sec- date on which a student is able to withdraw be determined by the Secretary, in partner-
retary and other appropriate governmental from the course or program of education ship with the State approving agency.
and nongovernmental programs. without penalty; and ‘‘(2) At a minimum the scope determined
‘‘(ii) The preparation and processing of pa- ‘‘(B) each individual who is enrolled in a under paragraph (1) shall include the fol-
pers and other documents, including docu- course or program of education and is receiv- lowing:
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S7336 CONGRESSIONAL RECORD — SENATE December 9, 2020
‘‘(A) Rapid increase in veteran enrollment. graph, as the case may be, regarding an edu- (1) in subsection (b), by adding at the end
‘‘(B) Rapid increase in tuition and fees. cational institution, such State approving the following new paragraph:
‘‘(C) Complaints tracked and published agency shall— ‘‘(4) The educational institution is ap-
with the mechanism required by section ‘‘(i) complete a risk-based survey of such proved and participates in a program under
3698(b)(2) from students pursuing programs of educational institution; and title IV of the Higher Education Act of 1965
education with educational assistance fur- ‘‘(ii) provide the Secretary with— (20 U.S.C. 1070 et seq.) or the Secretary has
nished under laws administered by the Sec- ‘‘(I) a complete report on the findings of waived the requirement under this paragraph
retary, based on severity or volume of the the State approving agency with respect to with respect to an educational institution
complaints. the risk-based survey completed under and submits to the Committee on Veterans’
‘‘(D) Compliance with section 3680A(d)(1) of clause (i) and any actions taken as a result Affairs of the Senate and the Committee on
this title. of such findings; and Veterans’ Affairs of the House of Representa-
‘‘(E) Veteran completion rates. ‘‘(II) any supporting documentation and tives notice of such waiver.’’.
‘‘(F) Indicators of financial stability. pertinent records. (2) by adding at the end the following new
‘‘(G) Review of the advertising and recruit- ‘‘(2) Notice described in this paragraph is subsection:
ing practices of the educational institution, any of the following: ‘‘(d)(1) The Secretary shall submit to Con-
including those by third-party contractors of ‘‘(A) Notice from the Secretary of Edu- gress an annual report on any waivers issued
the educational institution. cation of an event under paragraph (3)(A). pursuant to subsection (b)(4) or section
‘‘(H) Matters for which the Federal Gov- ‘‘(B) Notice of an event under paragraph 3672(b)(2)(A)(i) of this title.
ernment or a State Government brings an (3)(B). ‘‘(2) Each report submitted under para-
action in a court of competent jurisdiction ‘‘(C) Notice from a State of an action graph (1) shall include, for the year covered
against an educational institution, including taken by that State under paragraph (3)(C). by the report, the following:
matters in cases in which the Federal Gov- ‘‘(D) Notice provided by an accrediting ‘‘(A) The name of each educational institu-
ernment or the State comes to a settled agency or association of an action described tion for which a waiver was issued.
agreement on such matters outside of the in paragraph (3)(D) taken by that agency or ‘‘(B) The justification for each such waiver.
court. association. ‘‘(C) The total number of waivers issued.’’.
‘‘(c) DATABASE.—The Secretary, in partner- ‘‘(E) Notice that the Secretary of Edu- (b) REQUIREMENT FOR APPROVAL OF STAND-
ship with the State approving agencies under cation has placed the educational institution ARD COLLEGE DEGREE PROGRAMS.—Clause (i)
this chapter, shall establish a database or on provisional certification status. of section 3672(b)(2)(A) of such title is amend-
use an existing system, as the Secretary con- ‘‘(3) An action or event under this para-
ed to read as follows:
siders appropriate, to serve as a central re- graph is any of the following:
‘‘(i) Except as provided in subparagraph (C)
pository for information required for or col- ‘‘(A) The receipt by an educational institu-
or (D), an accredited standard college degree
lected during site visits for the risk-based tion of payments under the heightened cash
program offered at a public or not-for-profit
survey developed under subsection (a), so as monitoring level 2 payment method pursuant
proprietary educational institution that—
to improve future oversight of educational to section 487(c)(1)(B) of the Higher Edu-
‘‘(I) is accredited by an agency or associa-
institutions with programs of education ap- cation Act of 1965 (20 U.S.C. 1094).
tion recognized for that purpose by the Sec-
proved under this chapter.’’. ‘‘(B) Punitive action taken by the Attor-
retary of Education; and
(2) CLERICAL AMENDMENT.—The table of ney General, the Federal Trade Commission,
‘‘(II) is approved and participates in a pro-
sections at the beginning of chapter 36 of or any other Federal department or agency
gram under title IV of the Higher Education
such title is amended by inserting after the for misconduct or misleading marketing
Act of 1965 (20 U.S.C. 1070 et seq.), unless the
item relating to section 3673 the following practices that would violate the standards
Secretary has waived the requirement to
new item: defined by the Secretary of Veterans Affairs.
participate in a program under title IV of
‘‘3673A. Risk-based surveys.’’. ‘‘(C) Punitive action taken by a State
the Higher Education Act of 1965 (20 U.S.C.
(b) USE OF STATE APPROVING AGENCIES FOR against an educational institution.
1070 et seq.).’’.
OVERSIGHT ACTIVITIES.— ‘‘(D) The loss, or risk of loss, by an edu-
cational institution of an accreditation from (c) EFFECTIVE DATE.—The amendments
(1) IN GENERAL.—Section 3673(d) of title 38, made by subsections (a) and (b) shall take ef-
United States Code, is amended— an accrediting agency or association, includ-
ing notice of probation, suspension, an order fect on August 1, 2021.
(A) by striking ‘‘may’’ and inserting
to show cause relating to the educational in- SEC. 1016. CLARIFICATION OF ACCREDITATION
‘‘shall’’; and FOR LAW SCHOOLS FOR PURPOSES
(B) by striking ‘‘compliance and risk-based stitution’s academic policies and practices
OF THE EDUCATIONAL ASSISTANCE
surveys’’ and inserting ‘‘a risk-based survey or to its financial stability, or revocation of PROGRAMS OF THE DEPARTMENT
developed under section 3673A of this title’’. accreditation. OF VETERANS AFFAIRS.
(2) EFFECTIVE DATE.—The amendment ‘‘(E) The placement of an educational in-
(a) IN GENERAL.—Paragraphs (14)(B) and
made by paragraph (1) shall take effect on stitution on provisional certification status
(15)(B) of section 3676(c) of title 38, United
October 1, 2022. by the Secretary of Education.
‘‘(4) If a State approving agency dis- States Code, are each amended—
SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTI- (1) by striking ‘‘an accrediting agency’’
TUTIONS SUBJECT TO GOVERNMENT approves or suspends an educational institu-
tion, the State approving agency shall pro- both places it appears and inserting ‘‘a spe-
ACTION FOR PURPOSES OF THE
vide notice of such disapproval or suspension cialized accrediting agency for programs of
EDUCATIONAL ASSISTANCE PRO-
GRAMS OF THE DEPARTMENT OF to the Secretary and to all other State ap- legal education’’; and
VETERANS AFFAIRS. proving agencies. (2) by inserting before the period the fol-
(a) IN GENERAL.—Section 3673 of title 38, ‘‘(5) This subsection shall be carried out lowing: ‘‘, from which recipients of law de-
United States Code, is amended by adding at using amounts made available pursuant to grees from such accredited programs are eli-
the end the following new subsection: section 3674(a)(4) of this title as long as such gible to sit for a bar examination in any
‘‘(e) NOTICE OF GOVERNMENT ACTION.—(1)(A) amounts remain available. State’’.
If the Secretary receives notice described in ‘‘(6) For each notice transmitted or pro- (b) EFFECTIVE DATE.—The amendments
paragraph (2), or otherwise becomes aware of vided to a State approving agency under made by subsection (a) shall take effect on
an action or event described in paragraph (3), paragraph (1) with respect to an educational August 1, 2021.
with respect to an educational institution, institution, the Secretary shall ensure the SEC. 1017. CLARIFICATION OF GROUNDS FOR DIS-
the Secretary shall transmit such notice or careful review of— APPROVAL OF A COURSE FOR PUR-
provide notice of such action or event to the ‘‘(A) to the extent possible, the action that POSES OF THE EDUCATIONAL AS-
State approving agency for the State where gave rise to such notice; and SISTANCE PROGRAMS OF THE DE-
‘‘(B) any other action against the edu- PARTMENT OF VETERANS AFFAIRS.
the educational institution is located by not
later than 30 days after the date on which cational institution by any Federal or State (a) IN GENERAL.—Section 3679 of title 38,
the Secretary receives such notice or be- government entity or by the educational in- United States Code, is amended—
comes aware of such action or event. stitution’s accreditor. (1) by inserting ‘‘(including failure to com-
‘‘(B) If a State approving agency receives ‘‘(7) In this subsection, the term ‘risk- ply with a risk-based survey under this chap-
notice as described in paragraph (2), or oth- based survey’ means the risk-based survey ter or secure an affirmation of approval by
erwise becomes aware of an action or event developed under section 3673A of this title.’’. the appropriate State approving agency fol-
(b) EFFECTIVE DATE.—The amendment lowing the survey)’’ after ‘‘requirements of
described in paragraph (3), with respect to an
made by subsection (a) shall take effect on this chapter’’; and
educational institution, other than from the
August 1, 2021. (2) by adding at the end the following new
Secretary pursuant to subparagraph (A) of
ctelli on DSK11ZRN23PROD with SENATE
SEC. 1015. ADDITIONAL REQUIREMENT FOR AP- subsection:
this paragraph, the State approving agency PROVAL OF EDUCATIONAL INSTITU-
shall immediately notify the Secretary. TIONS FOR PURPOSES OF THE EDU-
‘‘(f) In this section, the term ‘risk-based
‘‘(C) Not later than 60 days after the date CATIONAL ASSISTANCE PROGRAMS survey’ means a risk-based survey developed
on which a State approving agency receives OF THE DEPARTMENT OF VETERANS under section 3673A(a) of this title.’’.
notice under subparagraph (A), receives no- AFFAIRS. (b) EFFECTIVE DATE.—The amendment
tice as described in subparagraph (B), or be- (a) IN GENERAL.—Section 3675 of title 38, made by subsection (a) shall take effect on
comes aware as described in such subpara- United States Code, is amended— August 1, 2021.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7337
SEC. 1018. REQUIREMENTS FOR EDUCATIONAL cational institution with information re- ‘‘(4)(A) An action described in this subpara-
INSTITUTIONS PARTICIPATING IN garding the requirements to graduate from graph is any of the following:
THE EDUCATIONAL ASSISTANCE
such course, including information regarding ‘‘(i) Submitting to the Secretary a rec-
PROGRAMS OF THE DEPARTMENT
OF VETERANS AFFAIRS. when required classes will be offered and a ommendation that the Secretary publish a
(a) IN GENERAL.—Section 3679 of title 38, timeline to graduate. warning on the internet website of the De-
United States Code, as amended by section ‘‘(F) With respect to an accredited edu- partment described in section 3698(c)(2) of
1017 of this title, is further amended by add- cational institution, obtain the approval of this title, or such other similar internet
ing at the end the following new subsection: the accrediting agency for each new course website of the Department, that describes
‘‘(f)(1) Except as provided by paragraph (5), or program of the institution before enroll- how an educational institution is failing to
a State approving agency, or the Secretary ing covered individuals in such courses or meet a requirement under paragraph (1), (2),
when acting in the role of the State approv- programs if the accrediting agency deter- or (3).
ing agency, shall take an action described in mines that such approval is appropriate ‘‘(ii) Disapproving a course for purposes of
paragraph (4)(A) if the State approving agen- under the substantive change requirements this chapter.
cy or the Secretary, when acting in the role of the accrediting agency regarding the qual- ‘‘(B)(i) The Secretary shall establish guide-
of the State approving agency, determines ity, objectives, scope, or control of the insti- lines to ensure that the actions described in
that an educational institution does not per- tution. subparagraph (A) are applied in a propor-
form any of the following: ‘‘(G) Maintain a policy that— tional and uniform manner by State approv-
‘‘(A) Prior to the enrollment of a covered ‘‘(i) ensures that members of the Armed ing agencies, or the Secretary when acting in
individual in a course of education at the Forces, including the reserve components the role of the State approving agency.
educational institution, provide the indi- and the National Guard, who enroll in a ‘‘(ii) Each State approving agency and the
vidual with a form that contains information course of education at the educational insti- Secretary, when acting in the role of the
personalized to the individual that de- tution may be readmitted at such institution State approving agency, shall adhere to the
scribes— if such members are temporarily unavailable guidelines established under clause (i).
‘‘(i) the estimated total cost of the course, or have to suspend such enrollment by rea- ‘‘(C) The State approving agency, in con-
including tuition, fees, books, supplies, and son of serving in the Armed Forces; and sultation with the Secretary, or the Sec-
any other additional costs; ‘‘(ii) otherwise accommodates such mem- retary when acting in the role of the State
‘‘(ii) an estimate of the cost for living ex- bers during short absences by reason of such approving agency, may limit an action de-
penses for students enrolled in the course; service. scribed in subparagraph (A)(ii) to individuals
‘‘(iii) the amount of the costs under clauses ‘‘(H) Designate an employee of the edu- not enrolled at the educational institution
(i) and (ii) that are covered by the edu- cational institution to serve as a point of before the period described in such subpara-
cational assistance provided to the indi- contact for covered individuals and the fam- graph.
vidual under chapter 30, 31, 32, 33, or 35 of ily of such individuals needing assistance ‘‘(5)(A) The Secretary may waive the re-
this title, or chapter 1606 or 1607 of title 10, with respect to academic counseling, finan- quirements of paragraph (1) or waive the re-
as the case may be; cial counseling, disability counseling, and quirements of paragraph (2) with respect to
‘‘(iv) the type and amount of Federal finan- other information regarding completing a an educational institution for a 1-academic-
cial aid not administered by the Secretary course of education at such institution, in- year period beginning in August of the year
and financial aid offered by the institution cluding by referring such individuals and in which the waiver is made. A single edu-
that the individual may qualify to receive; family to the appropriate persons for such cational institution may not receive waivers
‘‘(v) an estimate of the amount of student counseling and information. under this paragraph for more than 2 con-
loan debt the individual would have upon ‘‘(2) Except as provided by paragraph (5), a secutive academic years.
graduation; State approving agency, or the Secretary ‘‘(B) To be considered for a waiver under
‘‘(vi) information regarding graduation when acting in the role of the State approv- this paragraph, an educational institution
rates; ing agency, shall take an action described in shall submit to the Secretary an application
‘‘(vii) job-placement rates for graduates of paragraph (4)(A) if the State approving agen- prior to the first day of the academic year
the course, if available; cy, the Secretary, or any Federal agency, de- for which the waiver is sought.
‘‘(viii) information regarding the accept- termines that an educational institution ‘‘(6) Not later than October 1 of each year,
ance by the institution of transfer of credits, does any of the following: the Secretary shall submit to the Committee
including military credits; ‘‘(A) Carries out deceptive or persistent re- on Veterans’ Affairs of the Senate and the
‘‘(ix) any conditions or additional require- cruiting techniques, including on military Committee on Veterans’ Affairs of the House
ments, including training, experience, or ex- installations, that may include— of Representatives the following reports:
aminations, required to obtain the license, ‘‘(i) misrepresentation (as defined in sec- ‘‘(A) A report, which shall be made pub-
certification, or approval for which the tion 3696(e)(2)(B) of this title) or payment of licly available, that includes the following:
course of education is designed to provide incentive compensation; ‘‘(i) A summary of each action described in
preparation; and ‘‘(ii) during any 1-month period making paragraph (4)(A) made during the year cov-
‘‘(x) other information to facilitate com- three or more unsolicited contacts to a cov- ered by the report, including—
parison by the individual of aid packages of- ered individual, including contacts by phone, ‘‘(I) the name of the educational institu-
fered by different educational institutions. email, or in-person; or tion;
‘‘(B) Not later than 15 days after the date ‘‘(iii) engaging in same-day recruitment ‘‘(II) the type of action taken;
on which the institution (or the governing and registration. ‘‘(III) the rationale for the action, includ-
body of the institution) determines tuition ‘‘(B) Pays inducements, including any gra- ing how the educational institution was not
rates and fees for an academic year that is tuity, favor, discount, entertainment, hospi- in compliance with this subsection;
different than the amount being charged by tality, loan, transportation, lodging, meals, ‘‘(IV) the length of time that the edu-
the institution, provide a covered individual or other item having a monetary value of cational institution was not in such compli-
enrolled in a course of education at the edu- more than a de minimis amount, to any indi- ance; and
cational institution with the form under sub- vidual or entity, or its agents including third ‘‘(V) whether the educational institution
paragraph (A) that contains updated infor- party lead generators or marketing firms was also not in compliance with this sub-
mation. other than salaries paid to employees or fees section during any of the 2 years prior to the
‘‘(C) Maintain policies to— paid to contractors in conformity with all year covered by the report.
‘‘(i) inform each covered individual en- applicable laws for the purpose of securing ‘‘(ii) A summary and justifications for the
rolled in a course of education at the edu- enrollments of covered individuals or obtain- waivers made under paragraph (5) during the
cational institution of the availability of ing access to educational assistance under year covered by the report, including the
Federal financial aid not administered by this title, with the exception of scholarships, total number of waivers each educational in-
the Secretary and financial aid offered by grants, and tuition reductions provided by stitution has received.
the institution; and the educational institution. ‘‘(B) A report containing the recommenda-
‘‘(ii) alert such individual of the potential ‘‘(3) A State approving agency, or the Sec- tions of the Secretary with respect to any
eligibility of the individual for such finan- retary when acting in the role of the State legislative actions the Secretary determines
cial aid before packaging or arranging stu- approving agency, shall take an action de- appropriate to ensure that this subsection is
dent loans or alternative financing programs scribed in paragraph (4)(A) if the State ap- carried out in a manner that is consistent
for the individual. proving agency or the Secretary, when act- with the requirements that educational in-
‘‘(D) Maintain policies to— ing in the role of the State approving agen- stitutions must meet for purposes of other
‘‘(i) prohibit the automatic renewal of a cy, determines that an educational institu- departments or agencies of the Federal Gov-
ctelli on DSK11ZRN23PROD with SENATE
covered individual in courses and programs tion is the subject of a negative action made ernment.
of education; and by the accrediting agency that accredits the ‘‘(7) In this subsection, the term ‘covered
‘‘(ii) ensure that each covered individual institution, including any of the following: individual’ means an individual who is pur-
approves of the enrollment of the individual ‘‘(A) Accreditor sanctions. suing a course of education at an educational
in a course. ‘‘(B) Accreditation probation. institution under chapter 30, 31, 32, 33, or 35
‘‘(E) Provide to a covered individual en- ‘‘(C) The loss of accreditation or candidacy of this title, or chapter 1606 or 1607 of title
rolled in a course of education at the edu- for accreditation. 10.’’.
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S7338 CONGRESSIONAL RECORD — SENATE December 9, 2020
(b) APPLICATION DATE.—The amendment local, State, or Federal license, or a non- ance, or whether the student must apply for
made by this section shall take effect on governmental certification required as a pre- a particular type of financial aid, such as fi-
June 15, 2021, and shall apply to an edu- condition for employment, or to perform cer- nancing offered by the institution.
cational institution beginning on August 1, tain functions in the States in which the ‘‘(C) The employability of the graduates of
2021, except that an educational institution educational program is offered, or to meet the institution, including misrepresentation
may submit an application for a waiver additional conditions that the institution regarding—
under subsection (f)(5) of section 3679 of title knows or reasonably should know are gen- ‘‘(i) the relationship of the institution with
38, United States Code, as added by sub- erally needed to secure employment in a rec- any organization, employment agency, or
section (a), beginning on June 15, 2021. ognized occupation for which the program is other agency providing authorized training
SEC. 1019. OVERPAYMENTS TO ELIGIBLE PER- represented to prepare students; leading directly to employment;
SONS OR VETERANS. ‘‘(v) the requirements for successfully com- ‘‘(ii) the plans of the institution to main-
(a) IN GENERAL.—Subsection (b) of section pleting the course of study or program and tain a placement service for graduates or
3685 of title 38, United States Code, is amend- the circumstances that would constitute otherwise assist graduates to obtain employ-
ed to read as follows: grounds for terminating the student’s enroll- ment;
‘‘(b) Any overpayment to a veteran or eli- ment; ‘‘(iii) the knowledge of the institution
gible person with respect to pursuit by the ‘‘(vi) whether the courses of education at about the current or likely future condi-
veteran or eligible person of a program of the institution are recommended or have tions, compensation, or employment oppor-
education at an educational institution shall been the subject of unsolicited testimonials tunities in the industry or occupation for
constitute a liability of the educational in- or endorsements by— which the students are being prepared;
stitution to the United States if— ‘‘(I) vocational counselors, high schools, ‘‘(iv) job market statistics maintained by
‘‘(1) the Secretary finds that the overpay- colleges, educational organizations, employ- the Federal Government in relation to the
ment has been made as the result of— ment agencies, members of a particular in- potential placement of the graduates of the
‘‘(A) the willful or negligent failure of an dustry, students, former students, or others; institution; and
educational institution to report, as required or ‘‘(v) other requirements that are generally
under this chapter or chapter 34 or 35 of this ‘‘(II) officials of a local or State govern- needed to be employed in the fields for which
title, to the Department of Veterans Affairs ment or the Federal Government; the training is provided, such as require-
excessive absences from a course, or dis- ‘‘(vii) the size, location, facilities, or equip- ments related to commercial driving licenses
continuance or interruption of a course by ment of the institution; or permits to carry firearms, and failing to
the veteran or eligible person; or ‘‘(viii) the availability, frequency, and ap- disclose factors that would prevent an appli-
‘‘(B) the willful or negligent false certifi- propriateness of the courses of education and cant from qualifying for such requirements,
cation by an educational institution; or programs to the employment objectives that such as prior criminal records or preexisting
‘‘(2) the benefit payment sent to an edu- the institution states the courses and pro- medical conditions.
cational institution on behalf of an eligible grams are designed to meet;
‘‘(2) In this subsection:
veteran or person is made pursuant to— ‘‘(ix) the nature, age, and availability of
‘‘(A) The term ‘misleading statement’ in-
‘‘(A) section 3313(h) of this title; the training devices or equipment of the in-
cludes any communication, action, omission,
‘‘(B) section 3317 of this title; or stitution and the appropriateness to the em-
or intimation made in writing, visually,
‘‘(C) section 3680(d) of this title; or ployment objectives that the institution
orally, or through other means, that has the
‘‘(D) section 3320(d) of this title.’’. states the courses and programs are designed
(b) CLARIFYING AMENDMENT.—Subsection to meet; likelihood or tendency to mislead the in-
(a) of such section is further amended by in- ‘‘(x) the number, availability, and quali- tended recipient of the communication under
serting ‘‘relating to educational assistance fications, including the training and experi- the circumstances in which the communica-
under a law administered by the Secretary’’ ence, of the faculty and other personnel of tion is made. Such term includes the use of
after ‘‘made to a veteran or eligible person’’. the institution; student endorsements or testimonials for an
SEC. 1020. IMPROVEMENTS TO LIMITATION ON ‘‘(xi) the availability of part-time employ- educational institution that a student gives
CERTAIN ADVERTISING, SALES, AND ment or other forms of financial assistance; to the institution either under duress or be-
ENROLLMENT PRACTICES. ‘‘(xii) the nature and availability of any cause the institution required the student to
(a) PROHIBITION ON SUBSTANTIAL MISREPRE- tutorial or specialized instruction, guidance make such an endorsement or testimonial to
SENTATION.— and counseling, or other supplementary as- participate in a program of education.
(1) IN GENERAL.—Section 3696 of title 38, sistance the institution will provide students ‘‘(B) The term ‘misrepresentation’ means
United States Code, is amended to read as before, during, or after the completion of a any false, erroneous, or misleading state-
follows: course of education; ment, action, omission, or intimation made
‘‘§ 3696. Prohibition on certain advertising, ‘‘(xiii) the nature or extent of any pre- directly or indirectly to a student, a prospec-
sales, and enrollment practices requisites established for enrollment in any tive student, the public, an accrediting agen-
course of education; cy, a State agency, or to the Secretary by an
‘‘(a) PROHIBITION ON ENGAGING IN SUBSTAN-
TIAL MISREPRESENTATION.—An educational ‘‘(xiv) the subject matter, content of the eligible institution, one of its representa-
institution with a course or program of edu- course of education, or any other fact related tives, or any person with whom the institu-
cation approved under this chapter, and an to the degree, diploma, certificate of comple- tion has an agreement to provide edu-
entity that owns such an educational insti- tion, or any similar document that the stu- cational programs, marketing, advertising,
tution, shall not engage in substantial mis- dent is to be, or is, awarded upon completion recruiting or admissions services.
representation described in subsection (b). of the course of education; and ‘‘(C) The term ‘substantial misrepresenta-
‘‘(b) SUBSTANTIAL MISREPRESENTATION DE- ‘‘(xv) whether the degree that the institu- tion’ means misrepresentation in which the
SCRIBED.—(1) Substantial misrepresentation tion will confer upon completion of the person to whom it was made could reason-
described in this paragraph is substantial course of education has been authorized by ably be expected to rely, or has reasonably
misrepresentation by an educational institu- the appropriate State educational agency, relied, to that person’s detriment.
tion, a representative of the institution, or including with respect to cases where the in- ‘‘(c) LIMITATION ON CERTAIN COMMISSIONS,
any person with whom the institution has an stitution fails to disclose facts regarding the BONUSES, AND OTHER INCENTIVE PAYMENTS.—
agreement to provide educational programs, lack of such authorization in any advertising An educational institution with a course or
marketing, advertising, recruiting or admis- or promotional materials that reference such program of education approved under this
sions services, concerning any of the fol- degree. chapter, and an entity that owns such an
lowing: ‘‘(B) The financial charges of the institu- educational institution, shall not provide
‘‘(A) The nature of the educational pro- tion, including misrepresentation regard- any commission, bonus, or other incentive
gram of the institution, including misrepre- ing— payment based directly or indirectly on suc-
sentation regarding— ‘‘(i) offers of scholarships to pay all or part cess in securing enrollments or financial aid
‘‘(i) the particular type, specific source, or of a course charge; to any persons or entities engaged in any
nature and extent, of the accreditation of ‘‘(ii) whether a particular charge is the student recruiting or admission activities or
the institution or a course of education at customary charge at the institution for a in making decisions regarding the award of
the institution; course; student financial assistance.
‘‘(ii) whether a student may transfer ‘‘(iii) the cost of the program and the re- ‘‘(d) REQUIREMENT TO MAINTAIN RECORDS.—
course credits to another institution; fund policy of the institution if the student (1) To ensure compliance with this section,
‘‘(iii) conditions under which the institu- does not complete the program; any educational institution offering courses
tion will accept transfer credits earned at ‘‘(iv) the availability or nature of any fi- approved for the enrollment of eligible per-
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another institution; nancial assistance offered to students, in- sons or veterans shall maintain a complete
‘‘(iv) whether successful completion of a cluding a student’s responsibility to repay record of all advertising, sales, or enrollment
course of instruction qualifies a student— any loans, regardless of whether the student materials (and copies thereof) utilized by or
‘‘(I) for acceptance to a labor union or is successful in completing the program and on behalf of the institution during the pre-
similar organization; or obtaining employment; and ceding two-year period. Such record shall be
‘‘(II) to receive, to apply to take, or to ‘‘(v) the student’s right to reject any par- available for inspection by the State approv-
take an examination required to receive a ticular type of financial aid or other assist- ing agency or the Secretary.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7339
‘‘(2) Such materials shall include but are section (a), (c), or (d), which the Under Sec- educational institution by disapproving new
not limited to any direct mail pieces, bro- retary shall provide to the educational insti- enrollments of eligible veterans and eligible
chures, printed literature used by sales per- tution or owner within such period after persons in each course or program of edu-
sons, films, video tapes, and audio tapes dis- making the preliminary finding as the Under cation offered by that educational institu-
seminated through broadcast media, mate- Secretary shall establish for purposes of this tion.
rial disseminated through print, digital, or clause, except that, in every case, such pe- ‘‘(iii) Revoke the approval of the courses
electronic media, tear sheets, leaflets, hand- riod shall end before the date on which the and programs of education offered by the
bills, fliers, and any sales or recruitment Under Secretary makes a final determina- educational institution by disapproving all
manuals used to instruct sales personnel, tion under such paragraph; and enrollments of eligible veterans and eligible
agents, or representatives of such institu- ‘‘(iv) include— persons in each course or program of edu-
tion. ‘‘(I) a process for receipt of findings from a cation offered by that educational institu-
‘‘(e) AGREEMENT WITH FEDERAL TRADE third-party pertinent to this section; and tion.
COMMISSION.—(1) The Secretary shall, pursu- ‘‘(II) a process for an educational institu- ‘‘(B) In deciding upon a course of action
ant to section 3694 of this title, enter into an tion or an owner to provide such information under subparagraph (A), for the first viola-
agreement with the Federal Trade Commis- as the educational institution or owner de- tion of this section, the Secretary shall con-
sion to utilize, where appropriate, its serv- termines appropriate to the Secretary, in- sider the factors set forth in paragraph (2).
ices and facilities, consistent with its avail- cluding information about corrective actions ‘‘(C) Subject to subsection (i), any repeat
able resources, in carrying out investiga- the educational institution or owner may violation and final finding within five years
tions and making the Under Secretary of have taken in response to preliminary find- of the first violation of this section shall re-
Benefit’s preliminary findings under sub- ings under paragraph (1). sult in—
section (g)(1). ‘‘(C) The process established under sub- ‘‘(i) a suspension of approval of new enroll-
‘‘(2) Such agreement shall provide that paragraph (A) shall not prohibit a State ap- ments as described in subparagraph (A)(ii) of
cases arising under subsection (a) of this sec- proving agency from— this paragraph until reinstatement under
tion or any similar matters with respect to ‘‘(i) independently investigating a poten- subsection (j); or
any of the requirements of this chapter or tial violation of subsection (a), (c), or (d); or ‘‘(ii) a revocation of approval under this
chapters 34 and 35 of this title may be re- ‘‘(ii) taking action if the State approving chapter as described in subparagraph (A)(iii)
ferred to the Federal Trade Commission agency finds a violation of subsection (a), of this paragraph until reinstatement under
which in its discretion will conduct an inves- (c), or (d). subsection (j).
tigation and make preliminary findings. ‘‘(3) Upon a preliminary finding under this ‘‘(D) Subject to subsection (i), any third
‘‘(3) The findings and results of any inves- subsection of a violation of subsection (a), violation within three years of the second
tigation under paragraph (2) shall be referred (c), or (d) by an educational institution, or violation of this section shall result in rev-
to the Under Secretary for Benefits, who the owner of an educational institution, the ocation of approval under this chapter as de-
shall take appropriate action under sub- Under Secretary shall require the edu- scribed in subparagraph (A)(iii) of this para-
section (g) in such cases not later than 60 cational institution or owner to submit to graph until reinstatement under subsection
days after the date of such referral. the Under Secretary a report prepared by an (j).
‘‘(f) FINAL JUDGMENTS FROM OTHER FED- approved third-party auditor of the adver- ‘‘(E) Any action taken under subparagraph
tising and enrollment practices of the edu- (A) of this paragraph regarding a violation of
ERAL AGENCIES.—Whenever the Secretary be-
cational institution or owner. subsection (a), (c), or (d) by an educational
comes aware of a final judgment by a Fed-
‘‘(4)(A) Before making a final determina- institution or the owner of an educational
eral agency against an educational institu-
tion under this subsection regarding a viola- institution shall be taken on or before the
tion or owner of an educational institution
tion of subsection (a), (c), or (d) by an edu- date that is 180 days after the date on which
pertaining to substantial misrepresentation the Under Secretary provided notice to the
cational institution or owner of an edu-
described in subsection (b) or of other cred- educational institution or owner regarding
cational institution, the Under Secretary
ible evidence relating to a violation of sub- the violation in accordance with the process
shall—
section (a), the Secretary, in partnership established under subsection (g)(2)(B)(iii).
‘‘(i) review the practices of the educational
with the applicable State approving agency, institution or owner that pertain to activi- ‘‘(2) The factors set forth in this paragraph
shall— ties and practices covered by subsections (a), are the following:
‘‘(1) within 30 days, alert the educational (c), and (d); ‘‘(A) That the Secretary’s action brings
institution or owner that it is at risk of los- ‘‘(ii) consider the results of a risk-based sufficient deterrence for future fraud against
ing approval under this chapter of its courses survey conducted by a State approving agen- students and the programs of education car-
or programs of education; cy, if available; and ried out under this title. Fraud against vet-
‘‘(2) provide the educational institution or ‘‘(iii) review— erans must be met with a repercussion
owner 60 days to provide any information it ‘‘(I) the findings and information received strong enough to send a deterrent message
wishes to the Secretary; pursuant to the processes established under to this and other educational institutions
‘‘(3) require the educational institution or paragraph (2)(B)(iii); and owners.
owner to submit to the Secretary a report ‘‘(II) in a case in which a report was sub- ‘‘(B) That the educational institution has
prepared by an approved third-party auditor mitted under subsection (f)(3), such report; secured an approved third-party auditor to
of the advertising and enrollment practices ‘‘(III) the report submitted under para- verify the educational institution’s, or own-
of the educational institution or owner; and graph (3)(B) of this subsection; er’s, advertising and enrollment practices for
‘‘(4) refer the matter to the Under Sec- ‘‘(IV) any findings and results submitted at least three years going forward.
retary of Benefits, who may thereafter make under subsection (e)(3); ‘‘(C) That the educational institution or
a preliminary finding under subsection (g). ‘‘(V) the marketing and outreach material owner has repudiated the deceptive practices
‘‘(g) PRELIMINARY FINDINGS, FINAL DETER- and has communicated to all employees that
of the educational institution and the con-
MINATIONS, AND PROCESSES.—(1) The Under deceptive practices will not be tolerated, and
tractors of the educational institution.
Secretary for Benefits shall make prelimi- ‘‘(B) The Under Secretary may not make a has instituted strong governance procedures
nary findings and final determinations on final determination under this subsection to prevent recurrence.
violations of subsections (a), (c), and (d). solely based on preliminary findings. ‘‘(D) That the educational institution has
‘‘(2)(A) The Under Secretary shall establish ‘‘(5) The Under Secretary may not delegate taken steps to remove any pressure on its
a process for making preliminary findings authority to make a final determination enrollment recruiters, including by remov-
and final determinations under paragraph under this subsection, including to any em- ing enrollment quotas and incentives for en-
(1). ployee of the Department or to the Federal rollment.
‘‘(B) The process established under sub- Trade Commission. ‘‘(E) That the State approving agency or
paragraph (A) shall— ‘‘(h) ENFORCEMENT.—(1)(A) Upon a final de- the Secretary acting in the role of the State
‘‘(i) clearly define what triggers an over- termination by the Under Secretary for Ben- approving agency, has completed a risk-
sight visit by the Under Secretary for pur- efits under subsection (g) that an edu- based survey and determined the educational
poses of enforcing subsections (a), (c), and cational institution or the owner of an edu- institution is worthy of serving eligible vet-
(d); cational institution violated subsection (a), erans and eligible persons.
‘‘(ii) set forth factors an educational insti- (c), or (d), the Under Secretary shall, but ‘‘(3) Enforcement action under this section
tution, or the owner of the educational insti- subject to subparagraphs (B), (C), and (D) of shall not preclude enforcement action under
tution, must meet in order to retain ap- this paragraph, take one of the following ac- section 3690 of this title.
proval status under this section, including tions independent of any actions taken under ‘‘(4) No action may be carried out under
with respect to the factors set forth under section 3690 of this title: this subsection with respect to a final deter-
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subsection (h)(2); ‘‘(i) Publish a caution flag on the GI Bill mination by the Under Secretary under sub-
‘‘(iii) include a process for the provision of Comparison Tool, or successor tool, about section (g) while such final determination is
notice to an educational institution, or the that educational institution and alert its pending review under subsection (i).
owner of the educational institution, that currently enrolled eligible veterans and eli- ‘‘(i) APPEALS.—(1) The Secretary shall es-
the Under Secretary has made a preliminary gible persons. tablish a process by which an educational in-
finding under paragraph (1) that the edu- ‘‘(ii) Suspend the approval of the courses stitution or the owner of an educational in-
cation institution or owner has violated sub- and programs of education offered by the stitution that is the subject of more than
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S7340 CONGRESSIONAL RECORD — SENATE December 9, 2020
one final determination by the Under Sec- vey the State approving agency considers ap- during the period beginning on the date that
retary under subsection (g)(1) that the edu- propriate at any educational institution that is 120 days before the date of such closure or
cational institution or owner violated sub- it considers appropriate for oversight pur- discontinuance and ending on the date of
section (a), may request a review of the most poses. such closure or discontinuance, as the case
recent final determination. ‘‘(l) DEFINITIONS.—In this section: may be.
‘‘(2)(A) The Secretary shall— ‘‘(1) The term ‘approved third-party audi- ‘‘(C) This paragraph shall apply with re-
‘‘(i) review each final determination for tor’ means an independent third-party audi- spect to a course or program of education
which a review is requested under paragraph tor that is approved by the Secretary for closed or discontinued before September 30,
(1); and purposes of third-party audits under this sec- 2023.’’.
‘‘(ii) pursuant to such review, issue a final tion. (b) EFFECTIVE DATE.—The amendment
decision sustaining, modifying, or over- ‘‘(2) The term ‘risk-based survey’ means made by subsection (a) shall take effect on
turning the final determination. the risk-based survey developed under sec- August 1, 2021.
‘‘(B) The Secretary may not delegate any tion 3673A of this title.’’. SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS
decision under subparagraph (A). (2) CLERICAL AMENDMENT.—The table of TREATMENT OF FOR-PROFIT EDU-
‘‘(C)(i) Review under subparagraph (A)(i) of sections at the beginning of chapter 36 of CATIONAL INSTITUTIONS CON-
this paragraph shall be the exclusive avenue such title is amended by striking the item VERTED TO NONPROFIT EDU-
for review of a final determination under relating to section 3696 and inserting the fol- CATIONAL INSTITUTIONS.
subsection (g)(1). lowing new item: (a) IN GENERAL.—Subchapter II of chapter
‘‘(ii) A decision issued pursuant to a review 36 of title 38, United States Code, is amended
‘‘3696. Prohibition on certain advertising,
under subparagraph (A)(i) may not be ap- by adding at the end the following new sec-
sales, and enrollment prac-
pealed to the Secretary for review under sec- tion:
tices.’’.
tion 7104(a) of this title. (b) REQUIREMENTS FOR NONACCREDITED
‘‘(3)(A) Not later than 30 days after the ‘‘§ 3699B. Treatment of certain for-profit edu-
COURSES.—Paragraph (10) of section 3676(c) of cational institutions
date on which the Secretary issues a final
such title is amended to read as follows:
decision under paragraph (2)(A)(ii), the Sec- ‘‘(a) IN GENERAL.—In the case of any for-
‘‘(10) The institution, and any entity that
retary shall submit to Congress a report on profit educational institution that is con-
owns the institution, does not engage in sub-
such final decision. verted to a nonprofit educational institu-
stantial misrepresentation described in sec-
‘‘(B) A report submitted under subpara- tion, the State approving agency or the Sec-
tion 3696(e) of this title. The institution shall
graph (A) shall include the following: retary when acting as a State approving
not be deemed to have met this requirement
‘‘(i) An outline of the decisionmaking proc- agency shall conduct annual risk-based sur-
until the State approving agency—
ess of the Secretary that led to the final de- veys of the institution during the three-year
‘‘(A) has ascertained that no Federal de-
cision described in subparagraph (A). period beginning on the date on which the
partment or agency has taken a punitive ac-
‘‘(ii) Any relevant material used to make educational institution is so converted.
tion, not including a settlement agreement,
the final decision under paragraph (2)(A)(ii), ‘‘(b) RISK-BASED SURVEY DEFINED.—In this
against the school for misleading or decep-
including risk-based surveys and documenta- section, the term ‘risk-based survey’ means
tive practices;
tion from the educational institution or the the risk-based survey developed under sec-
‘‘(B) has, if such an order has been issued,
owners of the educational institution. tion 3673A of this title.’’.
given due weight to that fact; and
‘‘(iii) Materials that were submitted to the (b) CLERICAL AMENDMENT.—The table of
‘‘(C) has reviewed the complete record of
Secretary after the date of the final deter- sections at the beginning of such chapter is
advertising, sales, or enrollment materials
mination under subsection (g) that was the amended by inserting after the item relating
(and copies thereof) used by or on behalf of
subject of the final decision under paragraph to section 3699A the following new item:
the institution during the preceding 12-
(2)(A)(ii) of this subsection and before the
month period.’’. ‘‘3699B. Treatment of certain for-profit edu-
date on which the Secretary issued such
(c) APPLICATION DATE.—The amendments cational institutions.’’.
final decision.
made by this section shall take effect on Au- (c) APPLICABILITY.—Section 3699B of title
‘‘(j) REINSTATEMENT OF APPROVAL.—(1) If
gust 1, 2021. 38, United States Code, as added by sub-
an educational institution or the owner of an
educational institution has had the approval SEC. 1021. CHARGE TO ENTITLEMENT TO EDU- section (a), shall apply with respect to the
CATIONAL ASSISTANCE FOR INDI- conversion of a for-profit educational insti-
of the courses or programs of education of VIDUALS WHO DO NOT TRANSFER
the educational institution suspended as de- tution to a nonprofit educational institution
CREDITS FROM CERTAIN CLOSED
scribed in clause (ii) of subsection (h)(1)(A) that occurs on or after the date of the enact-
OR DISAPPROVED PROGRAMS OF
or revoked as described in clause (iii) of such EDUCATION. ment of this Act.
subsection for a violation of subsection (a), (a) IN GENERAL.—Subsection (c) of section SEC. 1023. AUTHORITY OF STATE APPROVING
(c), or (d) pursuant to subparagraph (C) or AGENCIES TO CONDUCT OUTREACH
3699 of title 38, United States Code, is amend-
ACTIVITIES.
(D) of subsection (h)(1), the educational in- ed to read as follows:
stitution or owner may submit to the appli- ‘‘(c) PERIOD NOT CHARGED.—(1) The period Section 3673 of title 38, United States Code,
cable State approving agency or the Sec- for which, by reason of this subsection, edu- as amended by section 1014 of this title, is
retary when acting as a State approving cational assistance is not charged against further amended by adding at the end the
agency an application for reinstatement of entitlement or counted toward the applica- following new subsection:
approval under this subsection. ble aggregate period under section 3695 of ‘‘(f) OUTREACH ACTIVITIES.—(1) A State ap-
‘‘(2) Approval under this chapter may not this title shall not exceed the aggregate of— proving agency may conduct outreach ac-
be reinstated under this subsection until— ‘‘(A) the portion of the period of enroll- tivities if—
‘‘(A) the educational institution or owner ment in the course from which the individual ‘‘(A) the State approving agency has prop-
submits to the applicable State approving did not receive credit or with respect to erly conducted its enforcement and approval
agency or the Secretary when acting as a which the individual lost training time, as of courses and programs of education under
State approving agency an application for determined under subsection (b)(2); and this chapter; and
reinstatement of approval under paragraph ‘‘(B) the period by which a monthly stipend ‘‘(B) funds are still available to do so.
(1); is extended under section 3680(a)(2)(B) of this ‘‘(2) For purposes of paragraph (1)(A), a
‘‘(B) the date that is 540 days after the date title. State approving agency shall be considered
of the most recent suspension or revocation ‘‘(2)(A) An individual described in subpara- to have properly conducted its enforcement
described in paragraph (1) of the educational graph (B) who transfers fewer than 12 credits and approval of courses and programs of edu-
institution or owner; from a program of education that is closed or cation under this chapter if the State ap-
‘‘(C) the educational institution submits a disapproved as described in subsection (b)(1) proving agency has—
report by an approved third-party auditor on shall be deemed to be an individual who did ‘‘(A) met fulfilled its requirements pursu-
the advertising and enrollment practices of not receive such credits, as described in sub- ant to the applicable cooperative agreements
the educational institution, including those section (b)(2), except that the period for between the State approving agency and the
of its third-party contractors; which such individual’s entitlement is not Department relating to the oversight and ap-
‘‘(D) procedures are in place to prevent any charged shall be the entire period of the indi- proval of courses and programs of education
future violation of subsection (a), (c), or (d); vidual’s enrollment in the program of edu- under this chapter; and
‘‘(E) that the educational institution has cation. In carrying out this subparagraph, ‘‘(B) completed a risk-based survey of any
met all factors set forth in subsection (h)(2); the Secretary, in consultation with the Sec- course or program of education determined
and retary of Education, shall establish proce- to be of questionable quality or at risk by
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‘‘(F) the Secretary agrees to such rein- dures to determine whether the individual any Federal or State agency or any accred-
statement. transferred credits to a comparable course or iting agency.
‘‘(k) RULE OF CONSTRUCTION REGARDING program of education. ‘‘(3) Outreach activities conducted under
STATE APPROVING AGENCIES AND RISK-BASED ‘‘(B) An individual described in this sub- paragraph (1) shall be carried out using
SURVEYS.—Nothing in this section shall be paragraph is an individual who is enrolled in amounts derived from amounts not specifi-
construed to prohibit a State approving a course or program of education closed or cally appropriated to carry out this sub-
agency from conducting any risk-based sur- discontinued as described in subsection (b)(1) section.’’.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7341
SEC. 1024. LIMITATION ON COLOCATION AND AD- note prec.), but in no case may the Secretary (2) be counted against the aggregate period
MINISTRATION OF STATE APPROV- provide more than a total of four weeks of for which section 3695 of title 38, United
ING AGENCIES. additional educational assistance by reason States Code, limits the receipt of edu-
(a) IN GENERAL.—Section 3671 of title 38, of section 4 of the Student Veteran cational assistance by such individual.
United States Code, is amended by adding at Coronavirus Response Act of 2020 (Public (b) EDUCATIONAL ASSISTANCE DESCRIBED.—
the end the following new subsection: Law 116–140; 38 U.S.C. 3680 note) and this sec- Subject to subsection (d), the payment of
‘‘(c) A State department or agency may tion. educational assistance described in this sub-
not be recognized as a State approving agen- (b) HOUSING AND ALLOWANCES.—In pro- section is the payment of such assistance to
cy designated under this section if such viding educational assistance to an indi- an individual for pursuit of a course or pro-
State department or agency is administered vidual pursuant to subsection (a), the Sec- gram of education at an educational institu-
at or colocated with a university or univer- retary may— tion under chapter 30, 31, 32, 33, or 35 of title
sity system whose courses or programs of (1) continue to pay a monthly housing sti- 38, United States Code, or chapter 1606 of
education would be subject to approval under pend under chapter 33 of title 38, United title 10, United States Code, if the Secretary
this chapter by the State approving agency States Code, during a month the individual determines that the individual—
in that State.’’. would have been enrolled in a program of (1) was unable to complete such course or
(b) EFFECTIVE DATE.—The amendment education or training but for the COVID–19 program as a result of—
made by subsection (a) shall take effect on emergency at the same rate such stipend (A) the closure of the educational institu-
the date that is 180 days after the date of the would have been payable if the individual tion, or the full or partial cancellation of a
enactment of this Act. had not been negatively affected by the course or program of education, by reason of
SEC. 1025. ELIMINATION OF PERIOD OF ELIGI- COVID–19 emergency, except that the total the COVID-19 emergency; or
BILITY FOR TRAINING AND REHA- number of weeks for which stipends may (B) the disapproval of the course or a
BILITATION FOR CERTAIN VET- continue to be so payable may not exceed course that is a necessary part of that pro-
ERANS WITH SERVICE-CONNECTED four weeks; and gram under chapter 36 of title 38, United
DISABILITIES.
(2) continue to pay payments or subsist- States Code, because the course was modi-
(a) IN GENERAL.—Section 3103 of title 38, ence allowances under chapters 30, 31, 32, 33, fied by reason of such emergency; and
United States Code, is amended— and 35 of such title and chapter 1606 of title (2) did not receive credit or lost training
(1) in subsection (a), by striking ‘‘or (e)’’ 10, United States Code, during a month for a time, toward completion of the program of
and inserting ‘‘(e), or (g)’’; and period of time that the individual would education being so pursued.
(2) by adding at the end the following new have been enrolled in a program of education (c) HOUSING ASSISTANCE.—In this section,
subsection: or training but for the COVID–19 emergency, educational assistance includes, as applica-
‘‘(g) Subsection (a) shall not apply to a vet- except that the total number of weeks for ble—
eran who was discharged or released from ac- which payments or allowances may continue (1) monthly housing stipends payable
tive military, naval, or air service on or to be so payable may not exceed four weeks. under chapter 33 of title 38, United States
after January 1, 2013.’’. (c) DETERMINATION OF NEGATIVE EFFECTS.— Code, for any month the individual would
(b) CONFORMING AMENDMENT.—Section 6(c) The Secretary shall determine that an indi- have been enrolled in a course or program of
of the Student Veteran Coronavirus Re- vidual was negatively affected by the education; and
sponse Act of 2020 (134 Stat. 633; Public Law COVID–19 emergency if— (2) payments or subsistence allowances
116–140) is amended by striking paragraph (1). (1) the individual is enrolled in a covered under chapters 30, 31, 32, and 35 of such title
Subtitle B—Pandemic Assistance program of education of an educational in- and chapter 1606 of title 10, United States
SEC. 1101. DEFINITIONS. stitution or enrolled in training at a training Code, during a month the individual would
In this subtitle: establishment and is pursuing such program have been enrolled in a course or program of
(1) COVERED PROGRAM OF EDUCATION.—The or training using educational assistance education.
term ‘‘covered program of education’’ means under the laws administered by the Sec- (d) PERIOD NOT CHARGED.—The period for
retary; which, by reason of this subsection, edu-
a program of education (as defined in section
(2) the educational institution or training cational assistance is not charged against
3002 of title 38, United States Code) approved
establishment certifies to the Secretary that entitlement or counted toward the applica-
by a State approving agency, or the Sec-
such program or training is truncated, de- ble aggregate period under section 3695 of
retary of Veterans Affairs when acting in the
layed, relocated, canceled, partially can- title 38, United States Code, shall not exceed
role of a State approving agency. the aggregate of—
(2) COVID–19 EMERGENCY.—The term celed, converted from being on-site to being
offered by distance learning, or otherwise (1) the portion of the period of enrollment
‘‘COVID–19 emergency’’ means the public in the course from which the individual did
health emergency declared pursuant to sec- modified or made unavailable by reason of
the COVID–19 emergency; and not receive credit or with respect to which
tion 319 of the Public Health Service Act on the individual lost training time, as deter-
January 31, 2020, entitled ‘‘Determination (3) the Secretary determines that the
modification to such program or training mined under subsection (b)(2); and
that a Public Health Emergency Exists Na- (2) the period by which a monthly stipend
tionwide as the Result of the 2019 Novel specified under paragraph (2) would reduce
the amount of educational assistance (in- is extended under section 3680(a)(2)(B) of
Coronavirus’’. title 38, United States Code.
(3) EDUCATIONAL INSTITUTION.—The term cluding with respect to monthly housing sti-
(e) CONTINUING PURSUIT OF DISAPPROVED
‘‘educational institution’’ has the meaning pends, payments, or subsistence allowances)
COURSES.—
given that term in section 3452(c) of title 38, that would be payable to the individual but (1) IN GENERAL.—The Secretary may treat
United States Code, and includes an institu- for the COVID–19 emergency. a course of education that is disapproved
tion of higher learning (as defined in such (d) EFFECT ON ENTITLEMENT PERIOD.—If the
under chapter 36 of title 38, United States
section). Secretary determines that an individual who
Code, as being approved under such chapter
(4) STATE APPROVING AGENCY.—The term received assistance under this section did
not make progress toward the completion of with respect to an individual described in
‘‘State approving agency’’ has the meaning paragraph (2) if the Secretary determines, on
the program of education in which the indi-
given that term in section 3671 of title 38, a programmatic basis, that—
vidual is enrolled during the period for which
United States Code. (A) such disapproval is the result of an ac-
the individual received such assistance, any
(5) TRAINING ESTABLISHMENT.—The term tion described in subsection (b)(1)(B); and
assistance provided pursuant to this section
‘‘training establishment’’ has the meaning (B) continuing pursuing such course is in
shall not be counted for purposes of deter-
given that term in section 3452(e) of title 38, mining the total amount of an individual’s the best interest of the individual.
United States Code. entitlement to educational assistance, hous- (2) INDIVIDUAL DESCRIBED.—An individual
(6) TRAINING.—The term ‘‘training’’ in- ing stipends, or payments or subsistence al- described in this paragraph is an individual
cludes on-job training and apprenticeship lowances under chapters 30, 31, 32, and 35 of who is pursuing a course of education at an
programs and vocational rehabilitation pro- such title and chapter 1606 of title 10, United educational institution under chapter 30, 31,
grams. States Code. 32, 33, or 35 of title 38, United States Code, or
SEC. 1102. CONTINUATION OF DEPARTMENT OF (e) APPLICABILITY PERIOD.—This section chapter 1606 of title 10, United States Code,
VETERANS AFFAIRS EDUCATIONAL shall apply during the period beginning on as of the date on which the course is dis-
ASSISTANCE BENEFITS DURING March 1, 2020, and ending on December 21, approved as described in subsection (b)(1)(B).
COVID–19 EMERGENCY. (f) STATUS AS FULL-TIME STUDENT FOR PUR-
2021.
(a) AUTHORITY.—If the Secretary of Vet- SEC. 1103. EFFECTS OF CLOSURE OF EDU- POSES OF HOUSING STIPEND CALCULATION.—In
erans Affairs determines under subsection (c) CATIONAL INSTITUTION AND MODI- the case of an individual who, as of the first
that an individual is negatively affected by FICATION OF COURSES BY REASON day of the COVID-19 emergency was enrolled
ctelli on DSK11ZRN23PROD with SENATE
the COVID–19 emergency, the Secretary may OF COVID-19 EMERGENCY. on a full-time basis in a program of edu-
provide educational assistance to that indi- (a) CLOSURE OR DISAPPROVAL.—Any pay- cation and was receiving educational assist-
vidual under the laws administered by the ment of educational assistance described in ance under chapter 33 of title 38, United
Secretary as if such negative effects did not subsection (b) shall not— States Code, or subsistence allowance under
occur. The authority under this section is in (1) be charged against any entitlement to chapter 31 of such title, and for whom the
addition to the authority provided under sec- educational assistance of the individual con- Secretary makes a determination under sub-
tion 1 of Public Law 116–128 (38 U.S.C. 3001 cerned; or section (b), the individual shall be treated as
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S7342 CONGRESSIONAL RECORD — SENATE December 9, 2020
an individual enrolled in a program of edu- Code, by subsection (c) of such section 6 is SEC. 1107. INCLUSION OF TRAINING ESTABLISH-
cation on a full-time basis for the purpose of amended— MENTS IN CERTAIN PROVISIONS RE-
LATED TO COVID-19 EMERGENCY.
calculating monthly housing stipends pay- (1) in paragraph (1), by striking ‘‘the period
able under chapter 33 of title 38, United the individual is so prevented from partici- (a) CONTINUATION OF BENEFITS.—Section 1
States Code, or subsistence allowance pay- pating such program’’ and inserting ‘‘the pe- of Public Law 116–128 is amended—
able under chapter 31 of such title, for any riod beginning on March 1, 2020, and ending (1) in subsection (a), by inserting ‘‘or a
month the individual is enrolled in the pro- on December 21, 2021’’; and training establishment’’ after ‘‘an edu-
cational institution’’; and
gram of education on a part-time basis to (2) in paragraph (2), by striking ‘‘the first
(2) in subsection (c), by adding at the end
complete any course of education that was day after the individual is able to resume
the following new paragraph:
partially or fully canceled by reason of the participation in such program’’ and inserting
‘‘(4) TRAINING ESTABLISHMENT.—The term
COVID-19 emergency. ‘‘December 22, 2021’’.
‘training establishment’ has the meaning
(g) NOTICE OF CLOSURES.—Not later than 5
SEC. 1106. APPRENTICESHIP OR ON-JOB TRAIN- given such term in section 3452(e) of title 38,
business days after the date on which the ING REQUIREMENTS. United States Code.’’.
Secretary receives notice that an edu- (b) PAYMENT OF ALLOWANCES.—Section
cational institution will close or is closed by (a) IN GENERAL.—During the period de-
4(a)(1) of the Student Veteran Coronavirus
reason of the COVID-19 emergency, the Sec- scribed in subsection (b), subsection (e) of
Response Act of 2020 (Public Law 116–140; 38
retary shall provide to each individual who section 3687 of title 38, United States Code, U.S.C. 3680 note) is amended by inserting ‘‘or
is enrolled in a course or program of edu- shall be applied by substituting the following a training establishment’’ after ‘‘educational
cation at such educational institution using for paragraph (2): institution’’.
entitlement to educational assistance under ‘‘(2)(A) Subject to subparagraphs (B) and (c) PROHIBITION OF CHARGE TO ENTITLE-
chapter 30, 31, 32, 33, or 35 of title 38, United (C), for any month in which an individual MENT.—The subparagraph (C) temporarily
States Code, or chapter 1606 of title 10, fails to complete 120 hours of training, the added to section 3699(b)(1) of title 38, United
United States Code, notice of— entitlement otherwise chargeable under States Code, by section 5 of the Student Vet-
(1) such closure and the date of such clo- paragraph (1) shall be reduced in the same eran Coronavirus Response Act of 2020 (Pub-
sure; and proportion as the monthly training assist- lic Law 116–140; 38 U.S.C. 3699 note) is amend-
(2) the effect of such closure on the individ- ance allowance payable is reduced under sub- ed by inserting ‘‘or training establishment’’
ual’s entitlement to educational assistance section (b)(3). after ‘‘educational institution’’.
pursuant to this section. ‘‘(B) In the case of an individual who is un- (d) EXTENSION OF TIME LIMITATIONS.—
(h) APPLICABILITY.—This section shall employed during any month, the 120-hour re- (1) MGIB.—The subsection (i) temporarily
apply with respect to the closure of an edu- quirement under subparagraph (A) for that added to section 3031 of title 38, United
cational institution, or the cancellation or month shall be reduced proportionately to States Code, by subsection (a) of section 6 of
modification of a course or program of edu- reflect the individual’s period of unemploy- the Student Veteran Coronavirus Response
cation, that occurs during the period begin- ment, except that the amount of monthly Act of 2020 (Public Law 116–140), as amended
ning on March 1, 2020, and ending on Decem- training assistance otherwise payable to the by section 1105 of this title, is further
ber 21, 2021. individual under subsection (b)(3) shall not amended by inserting ‘‘or training establish-
SEC. 1104. PAYMENT OF EDUCATIONAL ASSIST- be reduced. ment’’ after ‘‘educational institution’’.
ANCE IN CASES OF WITHDRAWAL. ‘‘(C) Any period during which an individual (2) TRANSFER PERIOD.—The subparagraph
(a) IN GENERAL.—In the case of any indi- is unemployed shall not— (C) temporarily added to section 3319(h)(5) of
vidual who withdraws from a program of ‘‘(i) be charged against any entitlement to such title by section 6 of the Student Vet-
education or training, other than a program educational assistance of the individual; or eran Coronavirus Response Act of 2020 (Pub-
by correspondence, in an educational institu- ‘‘(ii) be counted against the aggregate pe- lic Law 116–140) is amended by inserting ‘‘or
tion under chapter 31, 34, or 35 of title 38, riod for which section 3695 of this title limits training establishment’’ after ‘‘educational
United States Code, for a covered reason dur- the receipt of educational assistance by such institution’’.
ing the period beginning on March 1, 2020, individual. SEC. 1108. TREATMENT OF PAYMENT OF ALLOW-
‘‘(D) Any amount by which the entitlement ANCES UNDER STUDENT VETERAN
and ending on December 21, 2021, the Sec-
of an individual is reduced under subpara- CORONAVIRUS RESPONSE ACT.
retary of Veterans Affairs shall find miti-
graph (A) shall not— Section 4 of the Student Veteran
gating circumstances for purposes of section
‘‘(i) be charged against any entitlement to Coronavirus Response Act of 2020 (Public
3680(a)(1)(C)(ii) of title 38, United States
educational assistance of the individual; or Law 116–140) is amended—
Code.
‘‘(ii) be counted against the aggregate pe- (1) in subsection (b)—
(b) COVERED REASON.—In this section, the
riod for which section 3695 of this title limits (A) by striking ‘‘may not exceed four
term ‘‘covered reason’’ means any reason re-
the receipt of educational assistance by such weeks.’’ and inserting ‘‘may not exceed the
lated to the COVID-19 emergency, includ-
individual. shorter of the following:’’; and
ing—
‘‘(E) In the case of an individual who fails (B) by adding at the end the following new
(1) illness, quarantine, or social distancing
to complete 120 hours of training during a paragraphs:
requirements;
month, but who completed more than 120 ‘‘(1) The period of time that the eligible
(2) issues associated with COVID-19 testing
hours of training during the preceding veteran or eligible person would have been
accessibility;
month, the individual may apply the number enrolled in a program of education or train-
(3) access or availability of childcare;
of hours in excess of 120 that the individual ing but for the emergency situation.
(4) providing care for a family member or
completed for that month to the month for ‘‘(2) Four weeks.’’; and
cohabitants;
which the individual failed to complete 120 (2) by adding at the end the following new
(5) change of location or residence due to
hours. If the addition of such excess hours subsection:
COVID-19 or associated school closures; ‘‘(e) ENTITLEMENT NOT CHARGED.—Any pay-
(6) employment changes or financial hard- results in a total of 120 hours or more, the in-
dividual shall be treated as an individual ment of allowances under this section shall
ship; and not—
(7) issues associated with changes in for- who has completed 120 hours of training for
that month. Any excess hours applied to a ‘‘(1) be charged against any entitlement to
mat or medium of instruction. educational assistance of the eligible veteran
SEC. 1105. MODIFICATION OF TIME LIMITATIONS different month under this subparagraph
may only be applied to one such month. or eligible person concerned; or
ON USE OF ENTITLEMENT. ‘‘(2) be counted against the aggregate pe-
(a) MONTGOMERY GI BILL.—The subsection ‘‘(F) This paragraph applies to amounts de-
scribed in section 3313(g)(3)(B)(iv) and sec- riod for which section 3695 of this title 38,
(i) temporarily added to section 3031 of title United States Code, limits the receipt of
38, United States Code, by subsection (a) of tion 3032(c)(2) of this title and section
16131(d)(2) of title 10. educational assistance by such eligible vet-
section 6 of the Student Veteran Coronavirus eran or eligible person.’’.
Response Act of 2020 (Public Law 116–140) is ‘‘(G) In this paragraph:
‘‘(i) The term ‘unemployed’ includes being TITLE II—BENEFITS
amended—
furloughed or being scheduled to work zero Subtitle A—Benefits Generally
(1) in paragraph (1), by striking ‘‘the period
the individual is so prevented from pursuing hours. SEC. 2001. REVISION OF DEFINITION OF VIETNAM
‘‘(ii) The term ‘fails to complete 120 hours ERA FOR PURPOSES OF THE LAWS
such program’’ and inserting ‘‘the period be- ADMINISTERED BY THE SECRETARY
ginning on March 1, 2020, and ending on De- of training’ means, with respect to an indi-
vidual, that during any month, the indi- OF VETERANS AFFAIRS.
cember 21, 2021’’; and Section 101(29)(A) of title 38, United States
(2) in paragraph (2), by striking ‘‘the first vidual completes at least one hour, but fewer
Code, is amended by striking ‘‘February 28,
ctelli on DSK11ZRN23PROD with SENATE
day after the individual is able to resume than 120 hours, of training, including in a
case in which the individual is unemployed 1961’’ and inserting ‘‘November 1, 1955’’.
pursuit of a program of education with edu- SEC. 2002. MATTERS RELATING TO DEPARTMENT
cational assistance under this chapter’’ and for part of, but not the whole, month.’’.
OF VETERANS AFFAIRS MEDICAL
inserting ‘‘December 22, 2021’’. (b) APPLICABILITY PERIOD.—The period de- DISABILITY EXAMINATIONS.
(b) VOCATIONAL REHABILITATION AND TRAIN- scribed in this section is the period begin- (a) TEMPORARY CLARIFICATION OF LICEN-
ING.—The subsection (g) temporarily added ning on March 1, 2020, and ending on Decem- SURE REQUIREMENTS FOR CONTRACTOR MED-
to section 3103 of title 38, United States ber 21, 2021. ICAL PROFESSIONALS TO PERFORM MEDICAL
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7343
DISABILITY EXAMINATIONS FOR THE DEPART- ogists, and psychologists of the Veterans (b) SPECIAL PENSION FOR SURVIVING
MENT OF VETERANS AFFAIRS UNDER PILOT Health Administration with respect to com- SPOUSES.—
PROGRAM FOR USE OF CONTRACT PHYSICIANS pleting medical examinations described in (1) SURVIVING SPOUSE BENEFIT.—Such sub-
FOR DISABILITY EXAMINATIONS.— subsection (b). section is further amended—
(1) IN GENERAL.—Subsection (c) of section (B) The total number of full-time equiva- (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
504 of the Veterans’ Benefits Improvements lent employees among all physician assist- (B) by adding at the end the following new
Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 ants, nurse practitioners, audiologists, and paragraph:
note) is amended to read as follows: psychologists needed for the increases de- ‘‘(2)(A) Except as provided in subpara-
‘‘(c) LICENSURE OF CONTRACT HEALTH CARE scribed in subparagraph (A). graphs (B) and (C), the Secretary shall pay
PROFESSIONALS.— (C) An assessment regarding the impor- special pension under this section to the sur-
‘‘(1) IN GENERAL.—Notwithstanding any law tance of retaining a critical knowledge base viving spouse of a person whose name has
regarding the licensure of health care profes- within the Department for performing med- been entered on the Army, Navy, Air Force,
sionals, a health care professional described ical examinations for veterans filing claims and Coast Guard Medal of Honor Roll and a
in paragraph (2) may conduct an examina- for compensation under chapters 11 and 13 of copy of whose certificate has been delivered
tion pursuant to a contract entered into title 38, United States Code, including with to the Secretary under section 1134a(d) of
under subsection (a) at any location in any respect to military sexual trauma, post-trau- title 10.
State, the District of Columbia, or a Com- matic stress disorder, traumatic brain in- ‘‘(B) No special pension shall be paid to a
monwealth, territory, or possession of the jury, and toxic exposure. surviving spouse of a person under this sec-
United States, so long as the examination is (3) COLLABORATION.—The Secretary shall tion unless such surviving spouse was mar-
within the scope of the authorized duties collaborate with the veterans community ried to such person—
under such contract. and stakeholders in the preparation of the ‘‘(i) for one year or more prior to the vet-
‘‘(2) HEALTH CARE PROFESSIONAL DE- report required by paragraph (1). eran’s death; or
SCRIBED.—A health care professional de- (4) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(ii) for any period of time if a child was
scribed in this paragraph is a physician, phy- DEFINED.—In this subsection, the term ‘‘ap- born of the marriage, or was born to them
sician assistant, nurse practitioner, audiol- propriate committees of Congress’’ means— before the marriage.
ogist, or psychologist, who— (A) the Committee on Veterans’ Affairs ‘‘(C) No special pension shall be paid to a
‘‘(A) has a current unrestricted license to and the Committee on Appropriations of the surviving spouse of a person under this sec-
practice the health care profession of the Senate; and tion if such surviving spouse is receiving
physician, physician assistant, nurse practi- (B) the Committee on Veterans’ Affairs benefits under section 1311 or 1318 of this
tioner, audiologist, or psychologist, as the and the Committee on Appropriations of the title.’’.
case may be; House of Representatives. (2) CONFORMING AMENDMENTS.—
‘‘(B) is not barred from practicing such (d) COMPTROLLER GENERAL OF THE UNITED (A) IN GENERAL.—Such section is amend-
health care profession in any State, the Dis- STATES REVIEW.— ed—
trict of Columbia, or a Commonwealth, terri- (1) REVIEW REQUIRED.—Not later than 360 (i) in subsection (d), by inserting ‘‘or mar-
tory, or possession of the United States; and days after the date of the enactment of this ried to more than one person who has been
‘‘(C) is performing authorized duties for Act, the Comptroller General of the United awarded a medal of honor,’’ after ‘‘honor,’’;
the Department of Veterans Affairs pursuant States shall commence a review of the im- and
to a contract entered into under subsection plementation of the pilot program author- (ii) in subsection (f)(1), by striking ‘‘this
(a).’’. ized under subsection (a) of section 504 of the section’’ and inserting ‘‘paragraph (1) of sub-
(2) PURPOSE.—The purpose of the amend- Veterans’ Benefits Improvements Act of 1996 section (a), or under paragraph (2) of such
ment made by paragraph (1) is to expand the (Public Law 104–275; 38 U.S.C. 5101 note). subsection in the case of a posthumous entry
license portability for physicians assistants, (2) ELEMENTS.—The review conducted on the Army, Navy, Air Force, and Coast
nurse practitioners, audiologists, and psy- under paragraph (1) shall include the fol- Guard Medal of Honor Roll,’’.
chologists to supplement the capacity of em- lowing: (B) SPECIAL PROVISIONS RELATING TO MAR-
ployees of the Department to provide med- (A) An assessment of the use of subsection RIAGES.—Section 103(d)(5) of such title is
ical examinations described in subsection (c) of section 504 of such Act, as amended by amended by adding at the end the following
(b). subsection (a)(1) of this section. new subparagraph:
(3) RULE OF CONSTRUCTION.—The amend- (B) Efforts to retain and recruit medical ‘‘(E) Section 1562(a)(2), relating to Medal of
ment made by paragraph (1) shall not be con- examiners as employees of the Department. Honor special pension.’’.
strued to affect the license portability for (C) Use of telehealth for medical examina- (3) EFFECTIVE DATE.—The amendments
physicians in effect under section 504(c) of tions described in subsection (b) that are ad- made by this subsection shall apply with re-
such Act as in effect on the day before the ministered by the Department. spect to payment of pension under section
date of the enactment of this Act. (e) BRIEFING ON RECOMMENDATIONS OF 1562 of title 38, United States Code, for
(4) SUNSET.—On the date that is three COMPTROLLER GENERAL OF THE UNITED months beginning after the date of the en-
years after the date of the enactment of this STATES.—Not later than 60 days after the actment of this Act.
Act, subsection (c) of such section shall read date of the enactment of this Act, the Sec- SEC. 2004.
MODERNIZATION OF SERVICE-DIS-
as it read on the day before the date of the retary shall provide to the Committee on ABLED VETERANS INSURANCE.
enactment of this Act. Veterans’ Affairs of the Senate and the Com- (a) ESTABLISHMENT OF MODERNIZED PRO-
(b) TEMPORARY HALT ON ELIMINATION OF mittee on Veterans’ Affairs of the House of GRAM.—
MEDICAL EXAMINER POSITIONS IN DEPART- Representatives a briefing on how the Sec- (1) IN GENERAL.—Chapter 19 of title 38,
MENT OF VETERANS AFFAIRS.—The Secretary retary will implement the recommendations United States Code, is amended by inserting
of Veterans Affairs shall temporarily sus- of the Comptroller General of the United after section 1922A the following new sec-
pend the efforts of the Secretary in effect on States regarding— tion:
the day before the date of the enactment of (1) the monitoring of the training of pro-
this Act to eliminate medical examiner posi- ‘‘§ 1922B. Service-disabled veterans insurance
viders of examinations pursuant to contracts
tions in the Department of Veterans Affairs under section 504 of the Veterans’ Benefits ‘‘(a) INSURANCE.—(1) Beginning January 1,
until the number of individuals awaiting a Improvements Act of 1996 (Public Law 104– 2023, the Secretary shall carry out a service-
medical examination with respect to medical 275; 38 U.S.C. 5101 note); and disabled veterans insurance program under
disability of the individuals for benefits (2) ensuring such providers receive such which a veteran is granted insurance by the
under laws administered by the Secretary training. United States against the death of such indi-
that are carried out through the Under Sec- (f) HOLDING UNDERPERFORMING CONTRACT vidual occurring while such insurance is in
retary for Benefits is equal to or less than MEDICAL EXAMINERS ACCOUNTABLE.—The force.
the number of such individuals who were Secretary shall take such actions as may be ‘‘(2) The Secretary may only issue whole-
awaiting such a medical examination with necessary to hold accountable the providers life policies under the insurance program
respect to such purposes on March 1, 2020. of medical examinations pursuant to con- under paragraph (1).
(c) REPORT ON PROVISION OF MEDICAL EX- tracts under section 504 of the Veterans’ ‘‘(3) The Secretary may not grant insur-
AMINATIONS.— Benefits Improvements Act of 1996 (Public ance to a veteran under paragraph (1) un-
(1) IN GENERAL.—Not later than 180 days Law 104–275; 38 U.S.C. 5101 note) who are less—
after the date of the enactment of this Act, underperforming in the meeting of the needs ‘‘(A) the veteran submits the application
the Secretary shall submit to the appro- of veterans through the performance of med- for such insurance before the veteran attains
priate committees of Congress a report on ical examinations pursuant to such con- 81 years of age; or
ctelli on DSK11ZRN23PROD with SENATE
the provision of medical examinations de- tracts. ‘‘(B) with respect to a veteran who has at-
scribed in subsection (b) by the Department. SEC. 2003. MEDAL OF HONOR SPECIAL PENSION tained 81 years of age—
(2) CONTENTS.—The report submitted under FOR SURVIVING SPOUSES. ‘‘(i) the veteran filed a claim for compensa-
paragraph (1) shall cover the following: (a) CODIFICATION OF CURRENT RATE OF SPE- tion under chapter 11 of this title before at-
(A) How the Secretary will increase the ca- CIAL PENSION.—Subsection (a) of section 1562 taining such age;
pacity, efficiency, and timeliness of physi- of title 38, United States Code, is amended by ‘‘(ii) based on such claim, and after the
cian assistants, nurse practitioners, audiol- striking ‘‘$1,000’’ and inserting ‘‘$1,388.68’’. veteran attained such age, the Secretary
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S7344 CONGRESSIONAL RECORD — SENATE December 9, 2020
first determines that the veteran has a serv- ‘‘(2) The life insurance policy of a veteran ing the one-year period following the period
ice-connected disability; and who enrolls in the insurance program under described in subparagraph (A) as if the des-
‘‘(iii) the veteran submits the application subsection (a)(1) does not go into force un- ignated beneficiary had predeceased the vet-
for such insurance during the two-year pe- less— eran.
riod following the date of such determina- ‘‘(A) a period of two years elapses following ‘‘(2) If the deceased veteran did not des-
tion. the date of such enrollment; and ignate a beneficiary under subsection (e)(1),
‘‘(4)(A) A veteran enrolled in the insurance ‘‘(B) the veteran pays the premiums re- or if the designated beneficiary predeceased
program under paragraph (1) may elect to be quired during such two-year period. the veteran, a beneficiary described in sub-
insured in any of the following amounts: ‘‘(3)(A) If a veteran dies during the two- section (e)(2) may file a claim for payment
‘‘(i) $10,000. year period described in paragraph (2), the under subsection (g) during the two-year pe-
‘‘(ii) $20,000. Secretary shall pay to the beneficiary of the riod beginning on the date of the death of
‘‘(iii) $30,000. veteran the amount of premiums paid by the the veteran.
‘‘(iv) $40,000. veteran under this section, plus interest. ‘‘(3) If, on the date that is two years after
‘‘(v) In accordance with subparagraph (B), ‘‘(B) The Secretary— the date of the death of the veteran, no
a maximum amount greater than $40,000. ‘‘(i) for the initial year of the insurance claim for payment has been filed by any ben-
‘‘(B) The Secretary may establish a max- program under subsection (a)(1)— eficiary pursuant to paragraph (1) or (2), and
imum amount to be insured under paragraph ‘‘(I) shall set such interest at a rate of one the Secretary has not received notice that
(1) that is greater than $40,000 if the Sec- percent; and any such claim will be so filed during the
retary— ‘‘(II) may adjust such rate during such subsequent one-year period, the Secretary
‘‘(i) determines that such maximum year based on program experience, except may make the payment to a claimant whom
amount and the premiums for such amount— that the interest rate may not be less than the Secretary determines to be equitably en-
‘‘(I) are administratively and actuarially zero percent; titled to such payment.
sound for the insurance program under para- ‘‘(ii) for the second and each subsequent ‘‘(g) PAYMENTS.—(1) In a case described in
graph (1); and year of the program, shall calculate such in- subsection (f)—
‘‘(II) will not result in such program oper- terest at an annual rate equal to the rate of ‘‘(A) in paragraph (1)(A), the Secretary
ating at a loss; and return on the revolving fund under sub- shall pay the designated beneficiary not
‘‘(ii) publishes in the Federal Register, and section (a)(5) for the calendar year preceding later than 90 days after the designated bene-
submits to the Committee on Veterans’ Af- the year of the veteran’s death, except that ficiary files a complete and valid claim for
fairs of the Senate and the Committee on the interest rate may not be less than zero payment;
Veterans’ Affairs of the House of Representa- percent; and ‘‘(B) in paragraph (1)(B) or (2), the Sec-
tives, such maximum amount and deter- ‘‘(iii) on an annual basis, shall publish on retary shall make any payment not later
mination. the internet website of the Department the than one year after the end of the period de-
‘‘(5)(A)(i) Insurance granted under this sec- average interest rate calculated under clause scribed in the applicable such paragraph, if
tion shall be on a nonparticipating basis and (ii) for the preceding calendar year. the Secretary receives a complete and valid
all premiums and other collections therefor ‘‘(d) PREMIUMS.—(1) The Secretary shall es- claim for payment in accordance with the
shall be credited directly to a revolving fund tablish a schedule of basic premium rates by applicable such paragraph; or
in the Treasury of the United States. age per $10,000 of insurance under subsection ‘‘(C) in paragraph (3), the Secretary shall
‘‘(ii) Any payments on such insurance shall (a)(1) consistent with basic premium rates make any payment not later than one year
be made directly from such fund. generally charged for guaranteed acceptance after the end of the period described in such
‘‘(B)(i) The Secretary of the Treasury may life insurance policies by private life insur- paragraph, if the Secretary receives a com-
invest in and sell and retire special interest- ance companies. plete and valid claim for payment.
bearing obligations of the United States for ‘‘(2) The Secretary may adjust such sched- ‘‘(2) In a case where the Secretary has not
the account of the revolving fund under sub- ule after the first policy year in a manner made an insurance payment under this sec-
paragraph (A). consistent with the general practice of guar- tion during the applicable period specified in
‘‘(ii) Such obligations issued for that pur- anteed acceptance life insurance policies paragraph (1) by reason of a beneficiary not
pose shall— issued by private life insurance companies. yet having filed a claim, or the Secretary
‘‘(I) have maturities fixed with due regard ‘‘(3) Section 1912 of this title shall not
not yet making a determination under sub-
for the needs of the fund; and apply to life insurance policies under sub-
section (f)(3), the Secretary may make the
‘‘(II) bear interest at a rate equal to the section (a)(1), and the Secretary may not
payment after such applicable period.
average market yield (computed by the Sec- otherwise waive premiums for such insur-
‘‘(3) Notwithstanding section 1917 of this
retary of the Treasury on the basis of mar- ance policies.
‘‘(e) BENEFICIARIES.—(1) A veteran who en- title, the Secretary shall make an insurance
ket quotations as of the end of the calendar
rolls in the insurance program under sub- payment under this section in a lump sum.
month preceding the date of issue) on all
section (a)(1) may designate a beneficiary of ‘‘(4) The Secretary may not make an insur-
marketable interest-bearing obligations of
the life insurance policy. ance payment under this section if such pay-
the United States then forming a part of the
‘‘(2) If a veteran enrolled in the insurance ment will escheat to a State.
public debt which are not due or callable
program under subsection (a)(1) does not des- ‘‘(5) Any payment under this subsection
until after the expiration of four years from
ignate a beneficiary under paragraph (1) be- shall be a bar to recovery by any other per-
the end of such calendar month; except that
fore the veteran dies, or if a designated bene- son.’’.
where such average market yield is not a
ficiary predeceases the veteran, the Sec- (2) CLERICAL AMENDMENT.—The table of
multiple of one-eighth of one per centum,
retary shall determine the beneficiary in the sections at the beginning of such chapter is
the rate of interest of such obligation shall
following order: amended by inserting after the item relating
be the multiple of one-eighth of one per cen-
‘‘(A) The surviving spouse of the veteran. to section 1922A the following new item:
tum nearest such market yield.
‘‘(6)(A) Administrative support financed by ‘‘(B) The children of the veteran and de- ‘‘1922B. Service-disabled veterans insur-
the appropriations for ‘General Operating scendants of deceased children by represen- ance.’’.
Expenses, Department of Veterans Affairs’ tation. (b) SUNSET OF PREVIOUS PROGRAM AND
and ‘Information Technology Systems, De- ‘‘(C) The parents of the veteran or the sur- TRANSITION.—
partment of Veterans Affairs’ for the insur- vivors of the parents. (1) S–DVI.—Section 1922 of such title is
ance program under paragraph (1) shall be ‘‘(D) The duly appointed executor or ad- amended by adding at the end the following
paid from premiums credited to the fund ministrator of the estate of the veteran. new subsection:
under paragraph (5). ‘‘(E) Other next of kin of the veteran enti- ‘‘(d)(1) The Secretary may not accept any
‘‘(B) Such payment for administrative sup- tled under the laws of domicile of the vet- application by a veteran to be insured under
port shall be reimbursed for that fiscal year eran at the time of the death of the veteran. this section after December 31, 2022.
from funds that are available on such insur- ‘‘(f) CLAIMS.—(1) If the deceased veteran ‘‘(2)(A) During the period beginning Janu-
ance after claims have been paid. designated a beneficiary under subsection ary 1, 2023, and ending December 31, 2025, a
‘‘(b) ELIGIBILITY.—A veteran is eligible to (e)(1)— veteran who is insured under this section
enroll in the insurance program under sub- ‘‘(A) the designated beneficiary is the only may elect to instead be insured under sec-
section (a)(1) if the veteran has a service- person who may file a claim for payment tion 1922B of this title based on the age of
connected disability, without regard to— under subsection (g) during the one-year pe- the veteran at the time of such election.
‘‘(1) whether such disability is compensable riod beginning on the date of the death of ‘‘(B)(i) A veteran who elects under subpara-
under chapter 11 of this title; or the veteran; and graph (A) to be insured under section 1922B
ctelli on DSK11ZRN23PROD with SENATE
‘‘(2) whether the veteran meets standards ‘‘(B) if the designated beneficiary does not of this title shall be subject to the two-year
of good health required for other life insur- file a claim for the payment during the pe- waiting period specified in subsection (c) of
ance policies. riod described in paragraph (1), or if payment such section.
‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1) to the designated beneficiary within that pe- ‘‘(ii) If the veteran dies during such period,
An eligible veteran may enroll in the insur- riod is prohibited by Federal statute or regu- the Secretary shall pay the beneficiary
ance program under subsection (a)(1) at any lation, a beneficiary described in subsection under this section, and, if applicable, under
time. (e)(2) may file a claim for such payment dur- section 1922A, plus the amount of premiums
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7345
paid by the veteran under such section 1922B, version of the form before the date on which (C) the new process will ensure that all
plus interest. the updated version of the form was made medical information provided will be consid-
‘‘(3) Except as provided by paragraph available; and ered equally, whether it is provided by a De-
(2)(B), a veteran may not be insured under ‘‘(ii) the claimant files the previous partment medical provider or a non-Depart-
this section and section 1922B simulta- version of the form during the one-year pe- ment medical provider.
neously.’’. riod following the date the form was com- (3) IMPLEMENTATION.—
(2) SUPPLEMENTAL S–DVI.—Section 1922A(b) pleted by the non-Department medical pro- (A) IN GENERAL.—Subject to subparagraph
of such title is amended by adding after the vider; (B), if the Secretary determines under para-
period at the end the following: ‘‘The Sec- ‘‘(B) request from the claimant (or from a graph (1)(A) that replacing the forms as de-
retary may not accept any such application non-Department medical provider if the scribed in such paragraph is feasible and ad-
after December 31, 2022. Except as provided claimant has authorized the provider to visable, the Secretary shall, not later than
by section 1922(d)(2)(B), a veteran may not share health information with the Secretary) two years after the date on which the Sec-
have supplemental insurance under this sec- any other information that the updated retary submits the report under paragraph
tion and be insured under section 1922B si- version of the form requires; and (1)(B)(i)—
multaneously.’’. ‘‘(C) apply the laws and regulations re- (i) replace the forms as described in para-
(c) CONFORMING AMENDMENTS.—Chapter 19 quired to adjudicate the claim as if the graph (1)(A);
of such title is amended— claimant filed the updated version of the (ii) publish such replacement pursuant to
(1) in the section heading of section 1922, form. subparagraph (A) of section 5101(d)(1), as
by striking ‘‘Service’’ and inserting ‘‘Legacy ‘‘(3) The Secretary may waive any inter- added by subsection (a)(2); and
service’’; agency approval process required to approve (iii) update the details under subparagraph
(2) in the section heading of section 1922A, a modification to a disability benefit ques- (B) of such section.
by striking ‘‘Supplemental’’ and inserting tionnaire form if such requirement only ap- (B) REPORTS BY INSPECTOR GENERAL OF THE
‘‘Legacy supplemental’’; and plies by reason of the forms being made pub- DEPARTMENT OF VETERANS AFFAIRS.—If the
(3) in the table of sections at the beginning lic.’’. Secretary replaces the forms under subpara-
of such chapter by striking the items relat- (b) REPORTS BY INSPECTOR GENERAL OF THE graph (A), the Inspector General of the De-
ing to sections 1922 and 1922A and inserting DEPARTMENT OF VETERANS AFFAIRS.—Not partment of Veterans Affairs shall, not later
the following new items: less frequently than once each year through than one year after the date that the Sec-
‘‘1922. Legacy service disabled veterans’ in- 2023, the Inspector General of the Depart- retary replaces such forms and not less fre-
surance. ment of Veterans Affairs shall submit to quently than once each year thereafter until
‘‘1922A. Legacy supplemental service dis- Congress a report on the findings of the In-
the date that is three years after the date on
abled veterans’ insurance for spector General with respect to the use of
which the Secretary replaces such forms,
totally disabled veterans.’’. the forms published under section 5101(d)(1)
submit to Congress a report on the process
SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC of such title, as added by subsection (a).
(c) INITIAL FORM.—The Secretary of Vet- that replaced such forms that ascertains
INJURY PROTECTION UNDER
erans Affairs shall begin carrying out section whether the process properly protects vet-
SERVICEMEMBERS’ GROUP LIFE IN-
SURANCE. 5101(d)(1) of such title, as added by sub- erans.
Section 1980A of title 38, United States section (a), by publishing, as described in (4) LIMITATION.—The Secretary may not
Code, is amended by adding at the end the such section, the form described in such sec- discontinue the use of the disability benefit
following new subsection: tion that was in effect on January 1, 2020. questionnaire forms described in paragraph
‘‘(l)(1) If a claim for benefits under this (d) ALTERNATE PROCESS.— (1)(A) until a replacement form or process is
section is denied, the Secretary concerned (1) ASSESSMENT AND REPORT.— implemented.
shall provide to the member at the same (A) IN GENERAL.—Subject to paragraph (2), (e) RULE OF CONSTRUCTION.—Nothing in
time as the member is informed of such de- not later than 180 days after the date of the this section or section 5101(d) of such title,
nial a description of the following: enactment of this act, the Secretary shall— as added by subsection (a), may be construed
‘‘(A) Each reason for that denial, including (i) assess the feasibility and advisability of to require the Secretary to develop any new
a description of all the information upon replacing disability benefit questionnaire information technology system or otherwise
which the denial is based and a description of forms that are used by non-Department med- require the Secretary to make any signifi-
the applicable laws, regulations, or policies, ical providers to submit to the Secretary evi- cant changes to the internet website of the
with appropriate citations, and an expla- dence regarding a disability of a claimant for Department.
nation of how such laws, regulations, or poli- benefits under laws administered by the Sec- SEC. 2007. THRESHOLD FOR REPORTING DEBTS
cies affected the denial. retary, with another consistent process that TO CONSUMER REPORTING AGEN-
‘‘(B) Each finding that is favorable to the CIES.
considers evidence equally, whether provided
member. by a Department or a non-Department med- (a) IN GENERAL.—Chapter 53 of title 38,
‘‘(2) Any finding favorable to the member ical provider; and United States Code, is amended by adding
as described in paragraph (1)(B) shall be (ii) submit to Congress— after section 5319 the following new section:
binding on all subsequent reviews or appeals (I) a report on the findings of the Secretary ‘‘§ 5320. Threshold for reporting debts to con-
of the denial of the claim, unless clear and with respect to the assessment conducted sumer reporting agencies
convincing evidence is shown to the contrary under clause (i); and ‘‘The Secretary shall prescribe regulations
to rebut such favorable finding.’’. (II) if the report submitted under subclause that establish the minimum amount of a
SEC. 2006. PUBLICATION AND ACCEPTANCE OF (I) of this clause includes a finding that re- claim or debt, arising from a benefit admin-
DISABILITY BENEFIT QUESTION-
NAIRE FORMS OF DEPARTMENT OF
placing the disability benefit questionnaire istered by the Under Secretary for Benefits
VETERANS AFFAIRS. forms described in clause (i) as described in or Under Secretary for Health, that the Sec-
(a) IN GENERAL.—Section 5101 of title 38, such clause is feasible and advisable, a plan retary will report to a consumer reporting
United States Code, is amended— to replace such forms as described in such agency under section 3711 of title 31.’’.
(1) by redesignating subsection (d) as sub- clause. (b) CLERICAL AMENDMENT.—The table of
section (e); and (B) COLLABORATION REQUIRED.—If, in car- sections at the beginning of such chapter is
(2) by inserting after subsection (c) the fol- rying out the assessment required by clause amended by adding after the item relating to
lowing new subsection (d): (i) of subparagraph (A), the Secretary deter- section 5319 the following new item:
‘‘(d)(1) The Secretary shall publish in a mines that replacing the disability benefit ‘‘5320.Threshold for reporting debts to con-
central location on the internet website of questionnaire forms described in such clause sumer reporting agencies.’’.
the Department— as described in such clause is feasible and ad- (c) DEADLINE.—The Secretary of Veterans
‘‘(A) the disability benefit questionnaire visable, the Secretary shall collaborate with, Affairs shall prescribe regulations under sec-
forms of the Department for the submittal of partner with, and consider the advice of vet- tion 5320 of such title, as added by subsection
evidence from non-Department medical pro- erans service organizations, and such other (a), not later than 180 days after the date of
viders regarding a disability of a claimant, stakeholders as the Secretary considers ap- the enactment of this Act.
including any form or process that replaces propriate, on the replacement forms and SEC. 2008. REMOVAL OF DEPENDENTS FROM
any such disability benefit questionnaire process for submitting such forms. AWARD OF COMPENSATION OR PEN-
form; and (2) REQUIREMENTS.—The Secretary may SION.
‘‘(B) details about the process used by the only determine under paragraph (1)(A) that Beginning not later than 90 days after the
Department for submittal of evidence de- replacing the forms described in such para- date of the enactment of this Act, the Sec-
scribed in subparagraph (A). graph is feasible and advisable if the Sec- retary of Veterans Affairs shall ensure
ctelli on DSK11ZRN23PROD with SENATE
‘‘(2) Subject to section 6103 of this title, if retary certifies that— that—
the Secretary updates a form described in (A) it is in the best interest of veterans to (1) the recipient of an award of compensa-
paragraph (1)(A), the Secretary shall— do so; tion or pension may remove any dependent
‘‘(A) accept the previous version of the (B) the replacement process would include from an award of compensation or pension to
form filed by a claimant if— all the medical information needed to adju- the individual using the eBenefits system of
‘‘(i) the claimant provided to the non-De- dicate a claim for benefits under laws admin- the Department of Veterans Affairs, or a suc-
partment medical provider the previous istered by the Secretary; and cessor system; and
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S7346 CONGRESSIONAL RECORD — SENATE December 9, 2020
(2) such removal takes effect not later than subsection (a) is completed, the Adminis- of such title that are associated with a dis-
60 days after the date on which the recipient trator shall submit to the appropriate com- ease described in subsection (a)(2), including
elects such removal. mittees of Congress a report on the findings the type of proof presented to establish a
SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND of the Administrator with respect to such service connection for the manifestation of
INDEMNITY COMPENSATION FOR study. the disease based on exposure to a herbicide
SURVIVING SPOUSES WHO REMARRY (g) INCLUSION OF UZBEKISTAN IN CERTAIN agent.
AFTER AGE 55. REGISTRIES AND PROGRAMS.—Section 201(c)(2) (5) Recommendations on how the Depart-
Section 103(d)(2)(B) of title 38, United of the Dignified Burial and Other Veterans’ ment can better adjudicate claims for bene-
States Code, is amended in the second sen- Benefits Improvement Act of 2012 (Public fits, including compensation, submitted to
tence by inserting ‘‘chapter 13 or’’ after Law 112–260; 38 U.S.C. 527 note) is amended, the Department that are associated with a
‘‘benefits under’’. in the matter preceding subparagraph (A), by disease described in paragraph (2) of sub-
SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF striking ‘‘Afghanistan or Iraq’’ and inserting section (a) for veterans described in para-
THE ARMED FORCES TO TOXICANTS
AT KARSHI-KHANABAD AIR BASE IN
‘‘Afghanistan, Iraq, or Uzbekistan’’. graph (1) of such subsection.
UZBEKISTAN. (h) DEPLETED URANIUM FOLLOW-UP PRO- (6) An assessment of such other areas as
GRAMS.—The Secretary of Veterans Affairs the Comptroller General considers appro-
(a) AGREEMENT AND STUDY.—Not later than
60 days after the date of the enactment of shall ensure that any individual who de- priate to study.
this Act, the Secretary of Veterans Affairs ployed as a member of the Armed Forces to (c) ADMINISTRATIVE ACTION.—Not later
shall enter into an agreement with the Ad- the covered location set forth in subsection than 120 days after the date on which the
ministrator of the Agency for Toxic Sub- (b) during the corresponding period set forth Comptroller General of the United States
stances and Disease Registry for the Admin- in such subsection is covered by the Depleted submits the report required under subsection
istrator to complete, not later than 10 years Uranium Follow-up Programs of the Depart- (a), the Secretary shall commence carrying
after the date of the enactment of this Act, ment of Veterans Affairs. out the recommendations submitted under
a study to identify— (i) APPROPRIATE COMMITTEES OF CONGRESS subsection (b)(5) to the degree that the Sec-
(1) incidents of cancer and other diseases DEFINED.—In this section, the term ‘‘appro- retary is authorized to carry out the rec-
or illnesses experienced by individuals who priate committees of Congress’’ means— ommendations by a statute that was in ef-
served in the active military, naval, or air (1) the Committee on Veterans’ Affairs and fect on the day before the date of the enact-
service (as defined in section 101 of title 38, the Committee on Armed Services of the ment of this Act.
United States Code) in the covered location Senate; and (d) HERBICIDE AGENT DEFINED.—In this sec-
set forth under subsection (b) during the cor- (2) the Committee on Veterans’ Affairs and tion, the term ‘‘herbicide agent’’ has the
responding period set forth under such sub- the Committee on Armed Services of the meaning given such term in section 1116(a)(3)
section; and House of Representatives. of title 38, United States Code.
(2) a list of toxic substances, chemicals, SEC. 2011. COMPTROLLER GENERAL BRIEFING SEC. 2012. EXTENSION OF AUTHORITY OF SEC-
ionizing radiation, and airborne hazards such AND REPORT ON REPEALING MANI- RETARY OF VETERANS AFFAIRS TO
FESTATION PERIOD FOR PRESUMP- USE INCOME INFORMATION FROM
individuals may have been exposed to during
TIONS OF SERVICE CONNECTION OTHER AGENCIES.
such service. FOR CERTAIN DISEASES ASSOCI-
(b) COVERED LOCATION AND CORRESPONDING ATED WITH EXPOSURE TO CERTAIN
Section 5317(g) of title 38, United States
PERIOD.—The covered location and cor- HERBICIDE AGENTS. Code, is amended by striking ‘‘September 30,
responding period set forth under this sub- (a) IN GENERAL.—Not later than one year 2027’’ and inserting ‘‘September 30, 2030’’.
section are Karshi-Khanabad (K2) Air Base in after the date of the enactment of this Act, SEC. 2013. EXTENSION ON CERTAIN LIMITS ON
Uzbekistan and the period beginning on Oc- the Comptroller General of the United States PAYMENTS OF PENSION.
tober 1, 2001, and ending on September 30, Section 5503(d)(7) of title 38, United States
shall provide to the Committee on Veterans’
2005. Code, is amended by striking ‘‘September 30,
(c) ELEMENTS.—The study conducted under Affairs of the Senate and the Committee on
Veterans’ Affairs of the House of Representa- 2028’’ and inserting ‘‘October 30, 2028’’.
subsection (a) shall include the following:
(1) An assessment regarding the conditions tives a briefing on preliminary observations Subtitle B—Housing
of the covered location set forth under sub- of the Comptroller General, and not later SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS
section (b), including an identification of than 240 days after the date of such briefing, OF THE RESERVE COMPONENTS OF
toxic substances, chemicals, ionizing radi- provide such committees a briefing and sub- THE ARMED FORCES FOR HOME
ation, and airborne hazards contaminating mit to such committees a final report, on the LOANS FROM THE SECRETARY OF
efforts of the Secretary of Veterans Affairs VETERANS AFFAIRS.
such covered location during such cor-
to provide benefits, including compensation (a) EXPANSION OF DEFINITION OF VETERAN
responding period.
and health care, to veterans— FOR PURPOSES OF HOME LOANS.—Section
(2) An epidemiological study of the health
(1) who during active military, naval, or 3701(b) of title 38, United States Code, is
consequences of the service described in sub-
air service, served in the Republic of Viet- amended by adding at the end the following
section (a) to the individuals described in
nam during the period beginning on January new paragraph:
such subsection.
(d) SUPPORT FOR STUDY.— 9, 1962, and ending on May 7, 1975; and ‘‘(7) The term ‘veteran’ also includes, for
(1) IN GENERAL.—The Secretary shall pro- (2) in whom chloracne, porphyria cutanea purposes of home loans, an individual who
vide the Administrator with assistance in tarda, or acute or subacute peripheral neu- performed full-time National Guard duty (as
carrying out the study required by sub- ropathy have manifested. that term is defined in section 101 of title 10)
section (a), including by gathering such in- (b) ELEMENTS.—The report required by sub- for a period—
formation as the Administrator may con- section (a) shall include the following: ‘‘(A) of not less than 90 cumulative days;
sider useful in carrying out the study. (1) A description of how the Secretary es- and
(2) OBTAINING INFORMATION CONCERNING EX- tablishes a service connection for a diseases ‘‘(B) that includes 30 consecutive days.’’.
POSURE.—Assistance under paragraph (1) pro- described in paragraph (2) of subsection (a) (b) EXPANSION OF ELIGIBILITY.—Section
vided by the Secretary of Veterans Affairs manifesting in veterans, including the num- 3702(a)(2) of such title is amended by adding
shall include compiling information on expo- ber of veterans described in paragraph (1) of at the end the following new subparagraph:
sure described in subsection (a)(2) and the such subsection who have filed a claim for a ‘‘(G) Each individual described in section
Secretary of Defense shall provide to the benefit associated with a disease described in 3701(b)(7) of this title.’’.
Secretary of Veterans Affairs such informa- paragraph (2) of such subsection. (c) RETROACTIVE APPLICABILITY.—The
tion concerning such exposure as the Sec- (2) A description of how claims adjudica- amendments made by this section shall
retary of Veterans Affairs considers appro- tors of the Department of Veterans Affairs apply with respect to full-time National
priate for purposes of the study required by determine service connection for a disease Guard duty (as defined in section 101 of title
subsection (a), including environmental sam- described in subparagraph (C) or (E) of sec- 10, United States Code) performed before, on,
pling data relative to any location covered tion 1116(a)(2) of title 38, United States Code, or after the date of the enactment of this
by the study. when documentation proving the presence of Act.
(e) BIENNIAL UPDATES.—No later than the the disease during the manifestation period SEC. 2102. REDUCING LOAN FEES FOR CERTAIN
date that is two years after the date of the set forth in such subparagraphs for the dis- VETERANS AFFECTED BY MAJOR
enactment of this Act and not less fre- ease is not available. DISASTERS.
quently than once every two years thereafter (3) A description of the expected effect of Section 3729(b)(4) of title 38, United States
until the date on which the study required repealing the manifestation period from such Code, is amended—
by subsection (a) is completed, the Adminis- subparagraphs, including the expected effect (1) by amending subparagraph (D) to read
ctelli on DSK11ZRN23PROD with SENATE
trator shall submit to the appropriate com- on the number of claims for benefits the De- as follows:
mittees of Congress updates on the status of partment will receive, an estimate of the ‘‘(D)(i) The term ‘initial loan’ means a loan
the matters covered by such study, including cost to the Department of such repeal, and a to a veteran guaranteed under section 3710 or
any preliminary findings of the Adminis- review of the scientific evidence regarding made under section 3711 of this title if the
trator. such repeal. veteran has never obtained a loan guaran-
(f) FINAL REPORT.—Not later than 60 days (4) A review of all claims submitted to the teed under section 3710 or made under sec-
after the date on which the study required by Secretary for compensation under chapter 11 tion 3711 of this title.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7347
‘‘(ii) If a veteran has obtained a loan guar- ‘‘(6) Nothing in this subsection shall be 38, United States Code, is amended as fol-
anteed under section 3710 or made under sec- construed as precluding the imposition of lows:
tion 3711 of this title and the dwelling secur- any civil or criminal liability under this (1) By transferring subsection (b) of section
ing such loan was substantially damaged or title or any other law. 2302 to the end of section 2303 and redesig-
destroyed by a major disaster declared by ‘‘(7) The Secretary shall prescribe in regu- nating such subsection as subsection (d).
the President under section 401 of the Robert lations what constitutes an overpayment for (2) By striking section 2302.
T. Stafford Disaster Relief and Emergency the purposes of this subsection, which, at a (3) In section 2303—
Assistance Act (42 U.S.C. 5170), the Secretary minimum, shall include— (A) in the section heading, by striking
shall treat as an initial loan, as defined in ‘‘(A) administrative error that results in ‘‘Death in Department facility’’ and inserting
clause (i), the next loan the Secretary guar- an individual receiving assistance to which ‘‘Death from non-service-connected dis-
antees or makes to such veteran under sec- that individual is not entitled; ability’’; and
tion 3710 or 3711, respectively, if— ‘‘(B) the failure of any person described in (B) in subsection (a)—
‘‘(I) such loan is guaranteed or made before paragraph (2) to— (i) in paragraph (1), by striking ‘‘a veteran
the date that is three years after the date on ‘‘(i) perform or allow to be performed any dies in a facility described in paragraph (2)’’
which the dwelling was substantially dam- act relating to assistance under this chapter; and inserting ‘‘a veteran described in para-
aged or destroyed; and or graph (2) dies’’;
‘‘(II) such loan is only for repairs or con- ‘‘(ii) compensate any party performing (ii) by striking paragraph (2) and inserting
struction of the dwelling, as determined by services or supplying goods relating to as- the following new paragraph (2):
the Secretary.’’; and sistance under this chapter; and ‘‘(2) A veteran described in this paragraph
(2) in subparagraph (E), by striking ‘‘if the ‘‘(C) any disbursement of funds relating to is a deceased veteran who is not covered by
veteran has previously obtained a loan guar- assistance under this chapter, that, in the section 2307 of this title and who meets any
anteed under section 3710 or made under sec- sole discretion of the Secretary, constitutes of the following criteria:
tion 3711 of this title’’ and inserting ‘‘that is a misuse of such assistance. ‘‘(A) The deceased veteran dies in—
not an initial loan’’. ‘‘(8) Prior to collecting an overpayment ‘‘(i) a facility of the Department (as de-
SEC. 2103. EXTENSION OF CERTAIN HOUSING under this subsection, the Secretary shall fined in section 1701(3) of this title) to which
LOAN FEES. provide to the person whom the Secretary the deceased veteran was properly admitted
Section 3729(b)(2) of title 38, United States has determined liable for such overpay- for hospital, nursing home, or domiciliary
Code, is amended by striking ‘‘October 1, ment— care under section 1710 or 1711(a) of this title;
2029’’ each place it appears and inserting ‘‘(A) notice of the finding by the Secretary or
‘‘October 1, 2030’’. of such overpayment; ‘‘(ii) an institution at which the deceased
SEC. 2104. COLLECTION OF OVERPAYMENTS OF ‘‘(B) a reasonable opportunity for such per- veteran was, at the time of death, receiv-
SPECIALLY ADAPTED HOUSING AS- son to remedy the circumstances that effec- ing—
SISTANCE. tuated the overpayment; and ‘‘(I) hospital care in accordance with sec-
Section 2102 of title 38, United States Code, ‘‘(C) a reasonable opportunity for such per- tions 1703A, 8111, and 8153 of this title;
is amended by adding at the end the fol- son to present evidence to the Secretary that ‘‘(II) nursing home care under section 1720
lowing new subsection: an overpayment was not made. of this title; or
‘‘(g)(1) Whenever the Secretary finds that ‘‘(9) For the purposes of section 511 of this ‘‘(III) nursing home care for which pay-
an overpayment has been made to, or on be- title, a decision to collect an overpayment ments are made under section 1741 of this
half of, a person described in paragraph (2), from a person other than a person described title.
the Secretary shall determine— in paragraph (2)(A), or a dependent or sur- ‘‘(B) At the time of death, the deceased
‘‘(A) the amounts to recover, if any; and vivor of such person, may not be treated as veteran (including a person who died during
‘‘(B) who is liable to the United States for a decision that affects the provision of bene- a period deemed to be active military, naval,
such overpayment. fits.’’. or air service under section 106(c) of this
‘‘(2) A person described in this paragraph is Subtitle C—Burial Matters title) is in receipt of compensation under
any of the following: SEC. 2201. TRANSPORTATION OF DECEASED VET- chapter 11 of this title (or but for the receipt
‘‘(A) An individual who applied for assist- ERANS TO VETERANS’ CEMETERIES. of retirement pay would have been entitled
ance— (a) IN GENERAL.—Subsection (a) of section to such compensation) or was in receipt of
‘‘(i) under this chapter; or 2308 of title 38, United States Code, is amend- pension under chapter 15 of this title.
‘‘(ii) under chapter 31 of this title who is ed by striking ‘‘in a national cemetery’’ and ‘‘(C) The Secretary determines—
pursuing a rehabilitation program under inserting ‘‘in a national cemetery or a cov- ‘‘(i) the deceased veteran (including a per-
such chapter in acquiring adaptations to a ered veterans’ cemetery’’. son who died during a period deemed to be
residence. (b) COVERED VETERANS’ CEMETERY DE- active military, naval, or air service under
‘‘(B) An owner or seller of real estate used, FINED.—Section 2308 of such title is amended section 106(c) of this title) has no next of kin
or intended to be used, in connection with by adding at the end the following new sub- or other person claiming the body of the de-
assistance under this chapter. section: ceased veteran; and
‘‘(C) A builder, contractor, supplier, ‘‘(c) COVERED VETERANS’ CEMETERY DE- ‘‘(ii) that there are not available sufficient
tradesperson, corporation, trust, partner- FINED.—In this section, the term ‘covered resources to cover burial and funeral ex-
ship, or other person, who provided services veterans’ cemetery’ means a veterans’ ceme- penses.’’;
or goods relating to assistance under this tery— (iii) in subsection (b)—
chapter. ‘‘(1) in which a deceased veteran described (I) in the matter preceding paragraph (1),
‘‘(D) An attorney, escrow agent, or finan- in subsection (b) is eligible to be buried; by striking ‘‘section 2302 of this title and’’;
cial institution, that receives, or holds in es- ‘‘(2) that— and
crow, funds relating to assistance under this ‘‘(A) is owned by a State; or (II) in paragraph (2), by striking ‘‘under
chapter. ‘‘(B) is on trust land owned by, or held in section 2302 of this title or’’; and
‘‘(E) A surviving spouse, heir, assignee, or trust for, a tribal organization; and (iv) in subsection (d), as added by para-
successor in interest of or to, any person de- ‘‘(3) for which the Secretary has made a graph (1) of this subsection, by striking ‘‘Ex-
scribed in this paragraph. grant under section 2408 of this title.’’. cept as’’ and inserting ‘‘With respect to a de-
‘‘(3)(A) Any overpayment referred to in (c) CONFORMING AMENDMENT.—Section 2308
ceased veteran described in subparagraph (B)
this subsection may be recovered in the same of such title is amended in the section head-
or (C) of subsection (a)(2), except as’’.
manner as any other debt due the United ing by adding at the end the following: ‘‘or a (b) CONFORMING AMENDMENTS.—
States. covered veterans’ cemetery’’. (1) TITLE 38.—Such title is amended as fol-
‘‘(B) In recovering the overpayment, the (d) CLERICAL AMENDMENT.—The table of
lows:
Secretary may charge administrative costs, sections at the beginning of chapter 23 of
such title is amended by striking the item (A) In section 2304, by striking ‘‘Applica-
fees, and interest, as appropriate, in a man- tions for payments under section 2302 of this
ner similar to the authority under section relating to section 2308 and inserting the fol-
lowing new item: title’’ and inserting ‘‘Applications for pay-
5315 of this title.
ments under section 2303 of this title regard-
‘‘(4)(A) The recovery of any overpayment ‘‘2308. Transportation of deceased veteran to
referred to in this subsection may be waived ing veterans described in subparagraph (B) or
a national cemetery or a cov-
by the Secretary. (C) of subsection (a)(2) of such section’’.
ered veterans’ cemetery.’’.
‘‘(B) Waiver of any such overpayment as to (e) EFFECTIVE DATE.—The amendments (B) In section 2307, by striking ‘‘sections
a person described in paragraph (2) shall in made by this section shall take effect on the 2302 and 2303(a)(1) and (b)(2) of this title’’ and
no way release any other person described in date that is two years after the date of the inserting ‘‘subsections (a)(1) and (b)(2) of sec-
ctelli on DSK11ZRN23PROD with SENATE
such paragraph from liability. enactment of this Act. tion 2303 of this title’’.
‘‘(5) The Secretary shall waive recovery SEC. 2202. INCREASE IN CERTAIN FUNERAL BEN- (C) In section 2308—
under this subsection of any overpayment to EFITS UNDER LAWS ADMINISTERED (i) in subsection (a), by striking ‘‘pursuant
a person described in paragraph (2)(A), or a BY THE SECRETARY OF VETERANS to section 2302 or 2307 of this title,’’ and in-
dependent or survivor of such person, that AFFAIRS. serting ‘‘pursuant to section 2303 of this title
arises from administrative error described in (a) FUNERAL EXPENSES FOR NON-SERVICE- regarding veterans described in subpara-
paragraph (7)(A). CONNECTED DISABILITIES.—Chapter 23 of title graph (B) or (C) of subsection (a)(2) of such
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S7348 CONGRESSIONAL RECORD — SENATE December 9, 2020
section, or pursuant to section 2307 of this and upon request, may replace the headstone title is amended by striking the item relat-
title,’’; and or marker to add an inscription for the sur- ing to section 2408 and inserting the fol-
(ii) in subsection (b)(3)— viving spouse or eligible dependent child of lowing new item:
(I) by striking ‘‘section 2302’’ and inserting such individual following the death of the ‘‘2408. Aid to States, counties, and tribal or-
‘‘section 2303’’; and surviving spouse or eligible dependent child. ganizations for establishment,
(II) by striking ‘‘subsection (a)(2)(A)’’ and ‘‘(2) If the spouse or eligible dependent expansion, and improvement of
inserting ‘‘subsection (a)(2)(C)’’. child of an individual referred to in para- veterans’ cemeteries.’’.
(D) In section 113(c)(1), by striking ‘‘2302,’’. graph (1) predeceases the individual, the Sec- (c) EFFECTIVE DATE.—The amendments
(E) In section 5101(a)(1)(B)(i), by striking retary may, if feasible and upon request, in- made by this section shall take on effect on
‘‘2302’’ and inserting ‘‘2303’’. clude an inscription for the spouse or de- the date that is two years after the date of
(2) EMERGENCY MEDICAL CARE.—Section 11 pendent child on the headstone or marker the enactment of this Act.
of the Military Selective Service Act (50 furnished for the individual under subsection
SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF
U.S.C. 3810) is amended by striking ‘‘section (a) or (d).’’. GRANTS TO STATES, COUNTIES, AND
2302(a) of title 38’’ and inserting ‘‘section 2303 (b) APPLICATION.—Subsection (i) of section TRIBAL ORGANIZATIONS FOR OPER-
of title 38, United States Code, regarding vet- 2306 of title 38, United States Code, as added ATING AND MAINTAINING VET-
erans described in subparagraph (B) or (C) of by subsection (a), shall apply with respect to ERANS’ CEMETERIES.
subsection (a)(2) of such section’’. an individual who dies on or after October 1, Section 2408(e)(2) of title 38, United States
(c) CLERICAL AMENDMENT.—The table of 2019. Code, is amended by striking ‘‘$5,000,000’’ and
sections at the beginning of chapter 23 of SEC. 2205. AID TO COUNTIES FOR ESTABLISH- inserting ‘‘$10,000,000’’.
MENT, EXPANSION, AND IMPROVE-
such title is amended by striking the items SEC. 2207. PROVISION OF URNS AND COMMEMO-
MENT OF VETERANS’ CEMETERIES.
relating to sections 2302 and 2303 and insert- RATIVE PLAQUES FOR REMAINS OF
(a) IN GENERAL.—Section 2408 of title 38, CERTAIN VETERANS WHOSE CRE-
ing the following new item:
United States Code, is amended— MATED REMAINS ARE NOT IN-
‘‘2303. Death from non-service-connected dis- (1) by inserting ‘‘or county’’ after ‘‘State’’ TERRED IN CERTAIN CEMETERIES.
ability; plot allowance.’’. each place it appears; (a) IN GENERAL.—Section 2306 of title 38,
(d) EFFECTIVE DATE.—The amendments (2) in subsection (a)(1), in the matter pre- United States Code, as amended by section
made by this section shall apply to deaths ceding subparagraph (A), by striking ‘‘sub- 2204 of this title, is further amended—
that occur on or after the date that is two section (b)’’ and inserting ‘‘subsections (b), (1) by redesignating subsections (h), (i),
years after the date of the enactment of this (c), (d), and (g)’’; and (j) as subsections (i), (j), and (k), respec-
Act. (3) by adding at the end the following new tively; and
SEC. 2203. OUTER BURIAL RECEPTACLES FOR subsection: (2) by inserting after subsection (g) the fol-
EACH NEW GRAVE IN CEMETERIES ‘‘(g)(1) The Secretary may make a grant to
THAT ARE THE SUBJECTS OF CER- lowing new subsection (h):
a county under this section only if— ‘‘(h)(1) In lieu of furnishing a headstone or
TAIN GRANTS MADE BY THE SEC-
RETARY OF VETERANS AFFAIRS.
‘‘(A)(i) the State in which the county is lo- marker under this section for a deceased in-
cated does not have a veterans’ cemetery dividual described in paragraph (3), the Sec-
(a) IN GENERAL.—Section 2306(e) of title 38,
owned by the State; retary shall furnish, upon request and at the
United States Code, is amended— ‘‘(ii) the State is not in receipt of a grant
(1) in paragraph (1)— expense of the United States—
under this section for the construction of a ‘‘(A) an urn made of any material to sig-
(A) in subparagraph (A)— new veterans’ cemetery to be owned by the
(i) by striking ‘‘shall’’ and inserting nify the individual’s status as a veteran, in
State; which the remains of such individual may be
‘‘may’’; and ‘‘(iii) the State did not apply for a grant
(ii) by inserting ‘‘, or in a cemetery that is placed at private expense; or
under this section during the previous year;
the subject of a grant to a State or a tribal ‘‘(iv) no tribal organization from the State ‘‘(B) a commemorative plaque signifying
organization under section 2408 of this title,’’ in which the county is located has a vet- the individual’s status as a veteran.
after ‘‘National Cemetery Administration’’; erans’ cemetery on trust land owned by, or ‘‘(2) If the Secretary furnishes an urn or
and held in trust for, the tribal organization; commemorative plaque for an individual
(B) in subparagraph (C), by striking ‘‘(v) no such tribal organization is in re- under paragraph (1), the Secretary may not
‘‘shall’’ and inserting ‘‘may’’; and ceipt of a grant under this section for the provide for such individual—
(2) by striking paragraph (2) and inserting construction of a new veterans’ cemetery to ‘‘(A) a headstone or marker under this sec-
the following new paragraph (2): be located on such land; and tion; or
‘‘(2)(A) The use of outer burial receptacles ‘‘(vi) no such tribal organization applied ‘‘(B) any burial benefit under section 2402
in a cemetery under the control of the Na- for a grant under this section during the pre- of this title.
tional Cemetery Administration or in a cem- vious year; and ‘‘(3) A deceased individual described in this
etery that is the subject of a grant to a State ‘‘(B) the county demonstrates in the appli- paragraph is an individual—
or a tribal organization under section 2408 of cation under subsection (a)(2), to the satis- ‘‘(A) who served in the Armed Forces on or
this title shall be in accordance with regula- faction of the Secretary, that the county has after April 6, 1917;
tions or procedures approved by the Sec- the resources necessary to operate and main- ‘‘(B) who is eligible for a headstone or
retary of Veterans Affairs. tain the veterans’ cemetery owned by the marker furnished under subsection (d) (or
‘‘(B) The use of outer burial receptacles in county. would be so eligible but for the date of the
Arlington National Cemetery shall be in ac- ‘‘(2)(A) If a county and the State in which death of the individual); and
cordance with regulations or procedures ap- the county is located both apply for a grant ‘‘(C) whose remains were cremated and not
proved by the Secretary of the Army. under this section for the same year, the interred in a national cemetery, a State vet-
‘‘(C) The use of outer burial receptacles in Secretary shall give priority to the State. erans’ cemetery, a tribal cemetery, a county
a national cemetery administered by the Na- ‘‘(B) If a county and a tribal organization cemetery, or a private cemetery.
tional Park Service shall be in accordance from the State in which the county is lo- ‘‘(4)(A) Any urn or commemorative plaque
with regulations or procedures approved by cated both apply for a grant under this sec- furnished under this subsection shall be the
the Secretary of the Interior.’’. tion for the same year, the Secretary shall personal property of the next of kin or such
(b) EFFECTIVE DATE.—The amendments give priority to the tribal organization. other individual as the Secretary considers
made by this section shall take effect on the ‘‘(3) The Secretary shall prescribe regula- appropriate.
date that is two years after the date of the tions to carry out this subsection.’’; and ‘‘(B) The Federal Government shall not be
enactment of this Act. (4) in subsection (f)— liable for any damage to an urn or com-
SEC. 2204. PROVISION OF INSCRIPTIONS FOR (A) by redesignating paragraph (3) as sub- memorative plaque furnished under this sub-
SPOUSES AND CHILDREN ON CER- section (h); section that occurs after the date on which
TAIN HEADSTONES AND MARKERS (B) by moving such subsection, as so redes- the urn or commemorative plaque is so fur-
FURNISHED BY THE SECRETARY OF ignated, to the location after subsection (g), nished.
VETERANS AFFAIRS. as added by paragraph (3); ‘‘(5) The Secretary shall prescribe regula-
(a) IN GENERAL.—Section 2306 of title 38, (C) in subsection (h), as so redesignated tions to carry out this subsection.’’.
United States Code, is amended— and moved, by redesignating subparagraphs (b) EFFECTIVE DATE.—The amendments
(1) by redesignating subsection (i) as sub- (A) and (B) as paragraphs (1) and (2), respec- made by this section shall take on effect on
section (j); and tively; and the date that is two years after the date of
(2) by inserting after subsection (h) the fol- (D) in the matter preceding paragraph (1), the enactment of this Act.
lowing new subsection (i): as so redesignated, by striking ‘‘this sub- SEC. 2208. TRAINING OF STATE AND TRIBAL VET-
ctelli on DSK11ZRN23PROD with SENATE
‘‘(i)(1) In addition to any other authority section’’ and inserting ‘‘this section’’. ERANS’ CEMETERY PERSONNEL BY
under this section, in the case of an indi- (b) CLERICAL AMENDMENTS.— NATIONAL CEMETERY ADMINISTRA-
vidual whose grave is not in a covered ceme- (1) SECTION HEADING.—The heading of such TION.
tery (as that term is defined in subsection section is amended by inserting ‘‘, counties, (a) IN GENERAL.—Section 2408 of title 38,
(f)(2)) and for whom the Secretary has fur- and tribal organizations’’ after ‘‘States’’. United States Code, as amended by sections
nished a headstone or marker under sub- (2) TABLE OF SECTIONS.—The table of sec- 2205 and 2206 of this title, is further amend-
section (a) or (d), the Secretary, if feasible tions at the beginning of chapter 24 of such ed—
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7349
(1) in subsection (b)(1)— gency’’ and inserting ‘‘during the period (2) ELEMENTS.—Each report required by
(A) in subparagraph (A)— specified in subsection (f)’’; and paragraph (1) for a State home shall include
(i) by striking ‘‘and (ii) the cost’’ and in- (B) in paragraph (1), by striking ‘‘an area the following:
serting ‘‘(ii) the cost’’; and agency on aging’’ and inserting ‘‘a covered (A) The number of suspected and confirmed
(ii) by inserting ‘‘; and (iii) training costs provider’’; and COVID–19 infections among residents and
described in subsection (c)(1)’’ before the (3) by striking subsection (e) and inserting staff, including residents previously treated
semicolon; and the following new subsections: for COVID–19, disaggregated by—
(B) in subparagraph (B)— ‘‘(e) TRANSFER OF CERTAIN VETERANS TO (i) veteran, spouse of a veteran, staff, and
(i) by striking ‘‘and (ii) the cost’’ and in- THE PROGRAM.—During the period specified other;
serting ‘‘(ii) the cost’’; and in subsection (f), the Secretary shall allow a (ii) race and ethnicity;
(ii) by inserting ‘‘; and (iii) training costs veteran residing in an area covered by the (iii) gender; and
described in subsection (c)(1)’’ before the pe- Program to be transferred to the Program (iv) age.
riod; for the duration of such period if— (B) The number of total deaths and
(2) by redesignating subsections (c) ‘‘(1) the veteran had been receiving ex- COVID–19 deaths among residents and staff,
through (h) as subsections (d) through (i), re- tended care services paid for by the Depart- disaggregated by—
spectively; and ment, such as adult day services or home- (i) veteran, spouse of a veteran, staff, and
(3) by inserting after subsection (b) the fol- maker or home health aide services, imme- other;
lowing new subsection (c): diately preceding such period; and (ii) race and ethnicity;
‘‘(c)(1) A grant under this section for a pur- ‘‘(2) those services are no longer available (iii) gender; and
pose described in subparagraph (A) or (B) of due to a public health emergency. (iv) age.
subsection (a)(1) may be used, solely or in ‘‘(f) PERIOD SPECIFIED.—The period speci- (C) An assessment of the supply of personal
part, for training costs, including travel ex- fied in this subsection is the period begin- protective equipment and hand hygiene sup-
penses and up to four weeks of lodging ex- ning on the date on which a public health plies.
penses, associated with attendance by em- emergency was first declared and ending on (D) An assessment of ventilator capacity
ployees of a veterans’ cemetery owned by a the date that is 60 days after the date on and supplies.
State or on trust land owned by, or held in which a public health emergency is no longer (E) The number of resident beds and the
trust for, a tribal organization at training in effect. occupancy rate, disaggregated by veteran,
‘‘(g) COVERED PROVIDER DEFINED.—In this spouse of a veteran, and other.
provided by the National Cemetery Adminis-
section, the term ‘covered provider’ means a (F) An assessment of the access of resi-
tration. provider participating in the Program, in-
‘‘(2) Any employee described in paragraph dents to testing for COVID–19.
cluding— (G) An assessment of staffing shortages, if
(1) who participates in training described in
‘‘(1) an Aging and Disability Resource Cen- any.
such paragraph shall fulfill a service require-
ter, an area agency on aging, or a State (H) Such other information as the Sec-
ment as determined by the Secretary.
agency (as those terms are defined in section retary may specify.
‘‘(3) The Secretary may by regulation pre-
102 of the Older Americans Act of 1965 (42 (b) PUBLICATION OF TOTAL INFECTIONS AND
scribe such additional terms and conditions
U.S.C. 3002)); or DEATHS.—
for grants used for training costs under this
‘‘(2) a center for independent living (as de- (1) IN GENERAL.—Not later than 30 days
subsection as the Secretary considers appro-
fined in section 702 of the Rehabilitation Act after the date of the enactment of this Act,
priate.’’.
of 1973 (29 U.S.C. 796a)).’’. and not less frequently than weekly there-
(b) REPORTS.—
(1) IN GENERAL.—Not later than each of two SEC. 3002. PROHIBITION ON COLLECTION OF A after, the Secretary shall post on a publicly
HEALTH CARE COPAYMENT BY THE available website of the Department of Vet-
years and five years after the date of the en- SECRETARY OF VETERANS AFFAIRS
actment of this Act, the Secretary of Vet- erans Affairs—
FROM A VETERAN WHO IS A MEM-
erans Affairs shall submit to the Committee (A) the total number of residents and staff
BER OF AN INDIAN TRIBE.
on Veterans’ Affairs of the Senate and the of State homes who are infected with
(a) IN GENERAL.—Section 1730A of title 38,
COVID–19; and
Committee on Veterans’ Affairs of the House United States Code, is amended—
(B) the total number of such residents and
of Representatives a report on training pro- (1) in the heading, by striking ‘‘catastroph-
staff who have died from COVID–19.
vided by the National Cemetery Administra- ically disabled’’ and inserting ‘‘certain’’;
(2) INFORMATION ON RESIDENTS AND STAFF.—
tion under subsection (c) of section 2408 of (2) by inserting ‘‘(a) PROHIBITION.—’’ before The Secretary shall disaggregate informa-
title 38, United States Code, as added by sub- ‘‘Notwithstanding’’; tion on residents and staff published under
section (a). (3) by striking ‘‘a veteran who is cata- paragraph (1) by veteran, staff, and other.
(2) ELEMENTS.—The report required by strophically disabled, as defined by the Sec- (c) DEFINITIONS.—In this section:
paragraph (1) shall include the following: retary,’’ and inserting ‘‘a covered veteran’’; (1) COVERED PUBLIC HEALTH EMERGENCY.—
(A) The attrition rate with respect to indi- and The term ‘‘covered public health emergency’’
viduals who participate in the training de- (4) by adding at the end the following new means an emergency with respect to COVID–
scribed in paragraph (1). subsection: 19 declared by a Federal, State, or local au-
(B) A description of how State and tribal ‘‘(b) COVERED VETERAN DEFINED.—In this thority.
veterans’ cemeteries that used grants award- section, the term ‘covered veteran’ means a (2) STATE HOME.—The term ‘‘State home’’
ed under section 2408 of title 38, United veteran who— has the meaning given that term in section
States Code, for training costs under sub- ‘‘(1) is catastrophically disabled, as defined 101(19) of title 38, United States Code.
section (c) of such section, as added by sub- by the Secretary; or SEC. 3004. GRANTS FOR STATE HOMES LOCATED
section (a), have improved as a result of the ‘‘(2) is an Indian or urban Indian (as those ON TRIBAL LANDS.
training, according to the administrators of terms are defined in section 4 of the Indian (a) STATE HOME DEFINED.—Section 101(19)
such cemeteries. Health Care Improvement Act (25 U.S.C. of title 38, United States Code, is amended by
(C) An identification of how many State 1603)).’’. inserting ‘‘or Indian tribe (as defined in sec-
and tribal veterans’ cemeteries used the au- (b) TECHNICAL AMENDMENT.—The table of tion 4 of the Indian Self-Determination and
thority provided by subsection (c) of section sections at the beginning of chapter 17 of Education Assistance Act (25 U.S.C. 5304))’’
2408 of title 38, United States Code, as added such title is amended by striking the item after ‘‘(other than a possession)’’.
by subsection (a), in order to train individ- relating to section 1730A and inserting the (b) PAYMENTS TO STATE HOMES.—Section
uals. following: 1741 of title 38, United States Code, is amend-
(D) The amount obligated or expended as a ‘‘1730A. Prohibition on collection of copay- ed by adding at the end the following new
result of the authority described in subpara- ments from certain veterans.’’. subsection:
graph (C). (c) EFFECTIVE DATE.—The amendments ‘‘(g) In this subchapter, the term ‘State’
made by this section shall take effect on the means each of the several States and each
TITLE III—HEALTH CARE
day that is one year after the date of the en- Indian tribe (as defined in section 4 of the In-
Subtitle A—Health Care Generally actment of this Act. dian Self-Determination and Education As-
SEC. 3001. EXPANSION OF MODIFICATIONS TO SEC. 3003. OVERSIGHT FOR STATE HOMES RE- sistance Act (25 U.S.C. 5304)).’’.
VETERAN DIRECTED CARE PRO- GARDING COVID–19 INFECTIONS, RE- (c) STATE HOME CONSTRUCTION.—
GRAM. SPONSE CAPACITY, AND STAFFING (1) IN GENERAL.—Section 8131(2) of title 38,
Section 20006 of the Coronavirus Aid, Re- LEVELS. United States Code, is amended by inserting
lief, and Economic Security Act (Public Law (a) REPORTING.— ‘‘includes each Indian tribe (as defined in
116–136) is amended— (1) IN GENERAL.—During a covered public section 4 of the Indian Self-Determination
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(1) by striking ‘‘During a public health health emergency, each State home shall and Education Assistance Act (25 U.S.C.
emergency’’ each place it appears and insert- submit weekly to the Secretary of Veterans 5304)) but’’ before ‘‘does not’’.
ing ‘‘During the period specified in sub- Affairs and the National Healthcare Safety (2) CONFORMING AMENDMENT.—Section 8132
section (f)’’; Network of the Centers for Disease Control of such title is amended by striking ‘‘sev-
(2) in subsection (a)— and Prevention, through an electronic me- eral’’.
(A) in the matter preceding paragraph (1), dium and in a standardized format specified (d) ADDITIONAL LEGISLATIVE OR ADMINIS-
by striking ‘‘during a public health emer- by the Secretary, a report on the emergency. TRATIVE ACTION.—
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S7350 CONGRESSIONAL RECORD — SENATE December 9, 2020
(1) CONSULTATION WITH INDIAN TRIBES.—Not such courses, and the number of participants lance, including air ambulance, or other ap-
later than 180 days after the date of the en- at each such location. propriate medically staffed modes of trans-
actment of this Act, the Secretary of Vet- (4) With respect to the number of members portation—
erans Affairs shall consult with Indian tribes of the Armed Forces who participated in the ‘‘(A) to another health care facility (in-
to determine if any legislative or adminis- Program as specified under paragraph (1)— cluding a specialty pediatric hospital) that
trative action is necessary to modify the (A) the number who enrolled in the health accepts transfer of the newborn child or oth-
State home program to function efficiently care system of the Department of Veterans erwise provides post-delivery care services
in support of State homes operated by Indian Affairs under section 1705(a) of title 38, when the treating facility is not capable of
tribes pursuant to the amendments made by United States Code; and furnishing the care or services required; or
this section. (B) the number who attended at least one ‘‘(B) to a health care facility in a medical
(2) REPORT TO CONGRESS.—Not later than 90 health care appointment at a medical facil- emergency of such nature that a prudent
days after completing consultations under ity of the Department of Veterans Affairs. layperson reasonably expects that delay in
paragraph (1), the Secretary shall submit to (5) Data relating to— seeking immediate medical attention would
the appropriate committees of Congress a re- (A) satisfaction with courses held under be hazardous to life or health.
port recommending legislative action that the Program; ‘‘(3) Amounts paid by the Department for
the Secretary considers appropriate to mod- (B) improved awareness of health care transportation under this section shall be de-
ify the State home program described in services administered by the Secretary of rived from the Medical Services appropria-
such paragraph in light of those consulta- Veterans Affairs; and tions account of the Department.
tions. (C) any other available statistics regarding ‘‘(e) REIMBURSEMENT OR PAYMENT FOR
(3) MODIFICATIONS.—Not later than 180 days the Program. HEALTH CARE SERVICES OR TRANSPOR-
after completing consultations under para- (6) A discussion of regulatory, legal, or re- TATION.—(1) Pursuant to regulations the Sec-
graph (1), the Secretary shall make any source barriers to— retary shall prescribe to establish rates of
modifications to regulations implementing (A) making the Program permanent to en- reimbursement and any limitations thereto
the State home program, for which legisla- able access to services provided under the under this section, the Secretary shall di-
tive action is not necessary, as the Secretary Program by a greater number of women rectly reimburse a covered entity for health
considers appropriate in light of those con- members of the Armed Forces at locations care services or transportation services pro-
sultations. throughout the United States; vided under this section, unless the cost of
(e) TECHNICAL SUPPORT AND ASSISTANCE.— (B) offering the Program online for women the services or transportation is covered by
The Secretary of Veterans Affairs shall pro- members of the Armed Forces who are un- an established agreement or contract. If such
vide technical support and assistance to In- able to attend courses held under the Pro- an agreement or contract exists, its nego-
dian tribes in carrying out the State home gram in person; and tiated payment terms shall apply.
program at State homes operated by Indian (C) the feasability of automatically enroll- ‘‘(2)(A) Reimbursement or payment by the
tribes pursuant to the amendments made by ing Program participants in the health care Secretary under this section on behalf of an
this section. system of the Department of Veterans Af- individual to a covered entity shall, unless
(f) DEFINITIONS.—In this section: fairs under section 1705(a) of title 38, United rejected and refunded by the covered entity
(1) APPROPRIATE COMMITTEES OF CON- States Code. within 30 days of receipt, extinguish any li-
GRESS.—The term ‘‘appropriate committees (c) APPROPRIATE CONGRESSIONAL COMMIT- ability on the part of the individual for the
of Congress’’ means— TEES DEFINED.—In this section, the term health care services or transportation cov-
(A) the Committee on Veterans’ Affairs ‘‘appropriate congressional committees’’ ered by such payment.
and the Committee on Indian Affairs of the means— ‘‘(B) Neither the absence of a contract or
Senate; and (1) the Committee on Armed Services and agreement between the Secretary and a cov-
(B) the Committee on Veterans’ Affairs the Committee on Veterans’ Affairs of the ered entity nor any provision of a contract,
and the Subcommittee for Indigenous Peo- Senate; and agreement, or assignment to the contrary
ples of the United States of the Committee (2) the Committee on Armed Services and shall operate to modify, limit, or negate the
on Natural Resources of the House of Rep- the Committee on Veterans’ Affairs of the requirements of subparagraph (A).
resentatives. House of Representatives. ‘‘(3) In this subsection, the term ‘covered
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ SEC. 3006. AUTHORITY FOR SECRETARY OF VET- entity’ means any individual, transportation
has the meaning given that term in section ERANS AFFAIRS TO FURNISH MEDI- carrier, organization, or other entity that
4 of the Indian Self-Determination and Edu- CALLY NECESSARY TRANSPOR- furnished or paid for health care services or
cation Assistance Act (25 U.S.C. 5304). TATION FOR NEWBORN CHILDREN transportation under this section.’’.
(3) STATE HOME.—The term ‘‘State home’’ OF CERTAIN WOMEN VETERANS.
(b) TREATMENT OF CERTAIN EXPENSES AL-
has the meaning given that term in section (a) IN GENERAL.—Section 1786 of title 38, READY INCURRED.—
101(19) of title 38, United States Code. United States Code, as amended by section (1) IN GENERAL.—Pursuant to such regula-
(4) STATE HOME PROGRAM.—The term 9102 of the William M. (Mac) Thornberry Na- tions as the Secretary of Veterans Affairs
‘‘State home program’’ means the program tional Defense Authorization Act for Fiscal shall prescribe, with respect to transpor-
of the Department of Veterans Affairs for Year 2021, is further amended— tation furnished in order for a newborn child
which payments are made under subchapter (1) in subsection (a)— of a veteran to receive health care services
V of chapter 17 of title 38, United States (A) in the matter before paragraph (1), by under section 1786 of title 38, United States
Code, and assistance is provided under sub- inserting ‘‘and transportation necessary to Code, during the period specified in para-
chapter III of chapter 81 of such title. receive such services’’ after ‘‘described in graph (2), the Secretary may—
SEC. 3005. CONTINUATION OF WOMEN’S HEALTH subsection (b)’’; (A) waive a debt owed by the veteran to
TRANSITION TRAINING PROGRAM (B) in paragraph (1), by striking ‘‘or’’; the Department of Veterans Affairs or reim-
OF DEPARTMENT OF VETERANS AF- (C) in paragraph (2), by striking the period burse expenses already paid by the veteran
FAIRS. at the end and inserting ‘‘; or’’; and to the Department for such transportation;
(a) DURATION.—The Secretary of Veterans (D) by adding at the end the following new (B) reimburse the veteran for expenses al-
Affairs shall carry out the Women’s Health paragraph: ready paid by the veteran to a covered entity
Transition Training program of the Depart- ‘‘(3) another location, including a health for such transportation; or
ment of Veterans Affairs (in this section re- care facility, if the veteran delivers the child (C) reimburse a covered entity for the costs
ferred to as the ‘‘Program’’) until at least before arriving at a facility described in of such transportation.
one year after the date of the enactment of paragraph (1) or (2).’’; (2) PERIOD SPECIFIED.—The period specified
this Act. (2) in subsection (b), by inserting before in this paragraph is the period beginning on
(b) REPORT.—Not later than one year and the period at the end the following: ‘‘, in- May 5, 2010, and ending on the date of the en-
ten days after the date of the enactment of cluding necessary health care services pro- actment of this Act.
this Act, the Secretary of Defense and the vided by a facility other than the facility (3) COVERED ENTITY DEFINED.—In this sub-
Secretary of Veterans Affairs shall jointly where the newborn child was delivered (in- section, the term ‘‘covered entity’’ has the
submit to the appropriate congressional cluding a specialty pediatric hospital) that meaning given that term in section 1786(e)(3)
committees a report on the Program that in- accepts transfer of the newborn child and re- of title 38, United States Code, as added by
cludes the following: sponsibility for treatment of the newborn subsection (a).
(1) The number of women members of the child’’; and
Armed Forces, disaggregated by military de- SEC. 3007. WAIVER OF REQUIREMENTS OF DE-
(3) by adding at the end the following new PARTMENT OF VETERANS AFFAIRS
partment (with respect to the Department of subsections: FOR RECEIPT OF PER DIEM PAY-
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the Navy, disaggregated by the Navy and ‘‘(d) TRANSPORTATION.—(1) Transportation MENTS FOR DOMICILIARY CARE AT
Marine Corps), who participated in the Pro- furnished under subsection (a) to, from, or STATE HOMES AND MODIFICATION
gram. between care settings to meet the needs of a OF ELIGIBILITY FOR SUCH PAY-
(2) The number of courses held under the newborn child includes costs for either or MENTS.
Program. both the newborn child and parents. (a) WAIVER OF REQUIREMENTS.—Notwith-
(3) The locations at which such courses ‘‘(2) Transportation furnished under sub- standing section 1741 of title 38, United
were held, the number of seats available for section (a) includes transportation by ambu- States Code (as amended by subsection (b)),
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7351
the Secretary of Veterans Affairs shall mod- SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS (3) ASSIGNMENT TO MEDICAL CENTERS.—The
ify section 51.51(b) of title 38, Code of Federal PILOT PROGRAM FOR CLINICAL OB- Secretary shall assign students selected
SERVATION BY UNDERGRADUATE
Regulations (or successor regulations), to under paragraph (1) to medical centers se-
STUDENTS.
provide the Secretary the authority to waive lected under subsection (b) without regard
(a) ESTABLISHMENT.—The Secretary of Vet-
the requirements under such section 51.51(b) for whether such medical centers have staff-
erans Affairs shall carry out a pilot program
for a veteran to be eligible for per diem pay- ing shortages in any health professional oc-
for a one-year period, beginning not later
ments for domiciliary care at a State home cupation pursuant to section 7412 of title 38,
than August 15, 2021, to provide certain stu-
if— United States Code.
dents described in subsection (d) a clinical (e) OTHER MATTERS.—In carrying out the
(1) the veteran has met not fewer than four
observation experience at medical centers of pilot program under this section, the Sec-
of the requirements set forth in such section;
the Department of Veterans Affairs. retary shall—
or (b) MEDICAL CENTER SELECTION.—The Sec-
(2) such waiver would be in the best inter- (1) establish a formal status to facilitate
retary shall carry out the pilot program the access to medical centers of the Depart-
est of the veteran. under this section at not fewer than five
(b) MODIFICATION OF ELIGIBILITY.—Section ment by student observers participating in
medical centers of the Department. In se- the pilot program;
1741(a)(1) of title 38, United States Code, is lecting such medical centers, the Secretary
amended, in the flush text following subpara- (2) establish standardized legal, privacy,
shall ensure regional diversity among such and ethical requirements for the student ob-
graph (B), by striking ‘‘in a Department fa- selected medical centers.
cility’’ and inserting ‘‘under the laws admin- servers, including with respect to—
(c) CLINICAL OBSERVATION SESSIONS.—
istered by the Secretary’’. (A) ensuring that no student observer pro-
(1) FREQUENCY AND DURATION.—In carrying
(c) STATE HOME DEFINED.—In this section, vides any care to patients while partici-
out the pilot program, the Secretary shall—
the term ‘‘State home’’ has the meaning pating as an observer; and
(A) provide at least one and not more than
given that term in section 101(19) of title 38, (B) ensuring the suitability of a student to
three clinical observation sessions at each
United States Code. participate in the pilot program to ensure
medical center selected during each calendar
that the student poses no risk to patients;
SEC. 3008. EXPANSION OF QUARTERLY UPDATE year;
(3) develop and implement a partnership
OF INFORMATION ON STAFFING AND (B) ensure that each clinical observation
VACANCIES AT FACILITIES OF THE strategy with minority-serving institutions
session—
DEPARTMENT OF VETERANS AF- to encourage referrals;
(i) lasts between four and six months; and
FAIRS TO INCLUDE INFORMATION (4) create standardized procedures for stu-
(ii) to the extent practicable, begins and
ON DURATION OF HIRING PROCESS. dent observers;
ends concurrently with one or more aca-
(a) QUARTERLY UPDATE.—Subsection (a)(1) (5) create an online information page about
demic terms of an institution of higher edu-
of section 505 of the VA MISSION Act of 2018 the pilot program on the internet website of
cation (as defined in section 101 of the Higher
(Public Law 115–182; 38 U.S.C. 301 note) is the Department;
Education Act of 1965 (20 U.S.C. 1001)); and
amended by adding at the end the following (6) publish on the online information page
(C) ensure that the clinical observation
new subparagraph: created under paragraph (5) the locations of
sessions provided at a medical center have
‘‘(E) Beginning with any update under such centers, and other information on the
minimal overlap.
paragraph (3) on or after the date of the en- pilot program, not later than 180 days before
(2) SESSIONS.—The Secretary shall ensure
actment of the Johnny Isakson and David P. the date on which applications are required
that the pilot program consists of clinical
Roe, M.D. Veterans Health Care and Benefits to be submitted by potential student observ-
observation sessions as follows:
Improvement Act of 2020, the following: ers;
(A) Each session shall allow for not fewer
‘‘(i) For employees appointed under para- (7) identify medical centers and specific
than five students nor greater than 15 stu-
graphs (1) and (3) of section 7401 of title 38, health professionals participating in the
dents to participate in the session.
United States Code, the number of employ- pilot program; and
(B) Each session shall consist of not fewer
ees for which the duration of the process (8) notify the Committees on Veterans’ Af-
than 20 observational hours nor greater than
from validation of vacancy to receipt of offi- fairs of the House of Representatives and the
40 observational hours.
cial offer and notification of actual start Senate of the medical centers selected under
(C) A majority of the observational hours
date exceeds the metrics laid out in the Time subsection (c) within 30 days of selection, to
shall be spent observing a health profes-
to Hire Model of the Veterans Health Admin- facilitate program awareness.
sional. The other observational hours shall (f) REPORT.—Not later than 180 days after
istration, or successor model. be spent in a manner that ensures a robust,
‘‘(ii) The percentage of employees who are the completion of the pilot program under
well rounded experience that exposes the subsection (a), the Secretary shall submit to
described in clause (i) compared to all em- students to a variety of aspects of medical
ployees appointed under paragraphs (1) and the Committees on Veterans’ Affairs of the
care and health care administration. House of Representatives and the Senate a
(3) of section 7401 of such title during the (D) Each session shall provide a diverse report on the results of the pilot program,
same period. clinical observation experience. including—
‘‘(iii) The average number of days potential (d) STUDENTS.— (1) the number and demographics of all ap-
hires or new hires appointed under para- (1) SELECTION.—The Secretary shall select plicants, those accepted to participate in the
graphs (1) and (3) of section 7401 of such title to participate in the pilot program under pilot program, and those who completed the
spent in each phase of the Time to Hire subsection (a) students who are— pilot program; and
Model, or successor model.’’. (A) nationals of the United States; (2) if participating institutions of higher
(b) ANNUAL REPORT.—Subsection (b) of (B) enrolled in an accredited program of education choose to administer satisfaction
such section is amended, in the first sen- study at an institution of higher education; surveys that assess the experience of those
tence, by adding before the period at the end and who completed the pilot program, the results
the following: ‘‘and to improve the onboard (C) referred by their institution of higher of any such satisfaction surveys, provided at
timeline for facilities for which the duration education following an internal application the discretion of the institution of higher
of the onboarding process exceeds the process. education.
metrics laid out in the Time to Hire Model of (2) PRIORITY.—In making such selection, (g) SENSE OF CONGRESS REGARDING DEPART-
the Veterans Health Administration, or suc- the Secretary shall give priority to each of MENT OF VETERANS AFFAIRS PILOT PROGRAM
cessor model’’. the following five categories of students: FOR CLINICAL OBSERVATION BY UNDER-
SEC. 3009. REQUIREMENT FOR CERTAIN DEPART- (A) Students who, at the time of the com- GRADUATE STUDENTS.—It is the sense of Con-
MENT OF VETERANS AFFAIRS MED- pletion of their secondary education, resided gress that the pilot program described in
ICAL FACILITIES TO HAVE PHYSICAL in a health professional shortage area (as de- subsection (a) should be designed to—
LOCATION FOR THE DISPOSAL OF fined in section 332 of the Public Health (1) increase the awareness, knowledge, and
CONTROLLED SUBSTANCES MEDICA- Service Act (42 U.S.C. 254e)).
TIONS.
empathy of future health professionals to-
(B) First generation college students (as ward the health conditions common to vet-
(a) IN GENERAL.—The Secretary of Vet- defined in section 402A(h)(3) of the Higher erans;
erans Affairs shall ensure that each covered Education Act of 1965 (20 U.S.C. 1067q(a))). (2) increase the diversity of the recruit-
Department medical facility has a physical (C) Students who have been referred by mi- ment pool of future physicians of the Depart-
location where patients may dispose of con- nority-serving institutions (as defined in sec- ment; and
trolled substances medications. tion 371(a) of the Higher Education Act of (3) expand clinical observation opportuni-
(b) COVERED DEPARTMENT MEDICAL FACIL- 1965 (20 U.S.C. 1067q(a))). ties for all students by encouraging students
ITY.—In this section, the term ‘‘covered De- (D) Veterans (as defined in section 101 of of all backgrounds to consider a career in the
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partment medical facility’’ means a medical title 38, United States Code). health professions.
facility of the Department of Veterans Af- (E) Students who indicate an intention to (h) NO ADDITIONAL FUNDS AUTHORIZED.—No
fairs with an onsite pharmacy or a physical specialize in a health professional occupa- additional funds are authorized to be appro-
location dedicated for law enforcement pur- tion identified by the Inspector General of priated to carry out the requirements of this
poses. the Department under section 7412 of title 38, section. Such requirements shall be carried
(c) EFFECTIVE DATE.—This section shall United States Code, as having a staffing out using amounts otherwise authorized to
take effect on January 1, 2022. shortage. be appropriated.
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S7352 CONGRESSIONAL RECORD — SENATE December 9, 2020
Subtitle B—Scheduling and Consult of days allowed to complete each step of such (ii) A review of the accuracy of the type of
Management process; and consultation setting, either impatient or
SEC. 3101. PROCESS AND REQUIREMENTS FOR (B) to ensure that each medical facility of outpatient, that is inputted in the electronic
SCHEDULING APPOINTMENTS FOR the Department complies with such process health record.
HEALTH CARE FROM DEPARTMENT and requirements. (iii) A review of the appropriateness of the
OF VETERANS AFFAIRS AND NON- (2) USE THROUGHOUT DEPARTMENT.— level of urgency of the consultation that is
DEPARTMENT HEALTH CARE. (A) IN GENERAL.—The Secretary shall re- inputted in the electronic health record.
(a) PROCESS AND REQUIREMENTS.— quire each medical facility of the Depart- (iv) A review of any delayed or unresolved
(1) IN GENERAL.—Not later than 60 days ment to use the method or tool described in consultations.
after the date of the enactment of this Act, paragraph (1). (2) An identification of such recommenda-
the Secretary of Veterans Affairs shall— (B) REPORT.—Not later than one year after tions for corrective action as the Secretary
(A) establish a process and requirements the date of the enactment of this Act, the considers necessary, including additional
for scheduling appointments for— Secretary shall submit to the Committee on training, increased personnel, and other re-
(i) health care from the Department of Veterans’ Affairs of the Senate and the Com- sources.
Veterans Affairs; and mittee on Veterans’ Affairs of the House of (3) A certification that the director of each
(ii) health care furnished through the Vet- Representatives a report indicating whether medical center of the Department covered by
erans Community Care Program under sec- each medical facility of the Department is the audit is in compliance with the process
tion 1703 of title 38, United States Code, by a using the method or tool described in para- and requirements established under section
non-Department health care provider; and graph (1). 3101(a) and such other requirements relating
(B) submit to the Committee on Veterans’ (d) COMPTROLLER GENERAL REPORT.—Not to the scheduling of appointments and man-
Affairs of the Senate and the Committee on later than two years after the date of the en- agement of consultations as the Secretary
Veterans’ Affairs of the House of Representa- actment of this Act, the Comptroller General considers appropriate.
tives a description of such process and re- of the United States shall submit to the (4) With respect to referrals for health care
quirements. Committee on Veterans’ Affairs of the Sen- between health care providers or facilities of
(2) ELEMENTS OF DESCRIPTION.—The de- ate and the Committee on Veterans’ Affairs the Department, a measurement of, for each
scription of the process and requirements for of the House of Representatives a report on medical facility of the Department covered
scheduling appointments for health care re- the compliance of the Secretary with the re- by the audit—
quired to be submitted under paragraph quirements of this section. (A) the period of time between—
(1)(B) shall include— SEC. 3102. AUDITS REGARDING SCHEDULING OF (i) the date that a clinician of the Depart-
(A) information on how such process and APPOINTMENTS AND MANAGEMENT ment determines that a veteran requires
requirements take into account the access OF CONSULTATIONS FOR HEALTH
care from another health care provider or fa-
CARE FROM DEPARTMENT OF VET-
standards established under section 1703B of cility and the date that the referral for care
ERANS AFFAIRS AND NON-DEPART-
title 38, United States Code; and MENT HEALTH CARE. is sent to the other health care provider or
(B) the maximum number of days allowed (a) IN GENERAL.—Not later than each of facility;
to complete each step of such process. one year and two years after the date of the (ii) the date that the referral for care is
(3) PERIODIC REVISION.— enactment of this Act, the Secretary of Vet- sent to the other health care provider or fa-
(A) IN GENERAL.—The Secretary may revise erans Affairs shall provide for the conduct of cility and the date that the other health care
the process and requirements required under a facility-level audit of the scheduling of ap- provider or facility accepts the referral;
paragraph (1) as the Secretary considers nec- pointments and the management of con- (iii) the date that the other health care
essary. sultations for health care under the laws ad- provider or facility accepts the referral and
(B) SUBMITTAL TO CONGRESS.—Not later ministered by the Secretary. the date that the appointment with the
than 30 days before revising the process and (b) APPLICATION.— other health care provider or at the other fa-
requirements under subparagraph (A), the (1) FIRST AUDIT.—The first audit required cility is made; and
Secretary shall submit to the Committee on under subsection (a) shall apply to each med- (iv) the date that the appointment with
Veterans’ Affairs of the Senate and the Com- ical facility of the Department of Veterans the other health care provider or at the
mittee on Veterans’ Affairs of the House of Affairs. other facility is made and the date of the ap-
Representatives a description of such revised (2) SECOND AUDIT.—The second audit re- pointment with the other health care pro-
process and requirements, including a de- quired under subsection (a) shall apply to vider or at the other facility; and
scription of any modifications to the certifi- only those medical facilities of the Depart- (B) any other period of time that the Sec-
cation and training under subsection (b). ment that are in need of corrective action retary determines necessary to measure.
(b) CERTIFICATION AND TRAINING ON PROC- based on the first audit, as determined by (5) With respect to referrals for non-De-
ESS AND REQUIREMENTS.— the Secretary. partment health care originating from med-
(1) CERTIFICATION.—Not later than one year (c) ELEMENTS.—Each audit conducted ical facilities of the Department, a measure-
after the date of the enactment of this Act, under subsection (a) shall include the fol- ment of, for each such facility covered by the
the Secretary shall require each individual lowing: audit—
involved in the scheduling of appointments (1) With respect to each medical center of (A) the period of time between—
for health care from the Department or the Department covered by the audit, an as- (i) the date that a clinician of the Depart-
health care described in subsection sessment of any scheduling or consultation ment determines that a veteran requires
(a)(1)(A)(ii), including schedulers, clinical co- management issues at that medical center, care, or a veteran presents to the Depart-
ordinators, and supervisors, to certify to the including the following: ment requesting care, and the date that the
Secretary that the individual understands (A) An assessment of noncompliance with referral for care is sent to a non-Department
the process and requirements established policies of the Veterans Health Administra- health care provider;
under subsection (a), including the max- tion relating to scheduling appointments and (ii) the date that the referral for care is
imum number of days allowed to complete managing consultations. sent to a non-Department health care pro-
each step of such process. (B) An assessment of the extent to which vider and the date that a non-Department
(2) NEW EMPLOYEES.—The Secretary shall appointments or consultations are not time- health care provider accepts the referral;
require each employee hired by the Depart- ly processed. (iii) the date that a non-Department health
ment on or after the date of the enactment (C) A description of any backlogs in ap- care provider accepts the referral and the
of this Act who is to be involved in the pointments or consultations that are await- date that the referral to a non-Department
scheduling of appointments for health care ing action. health care provider is completed;
from the Department or health care de- (D) An assessment of whether consulta- (iv) the date that the referral to a non-De-
scribed in subsection (a)(1)(A)(ii)— tions are appropriately processed. partment health care provider is completed
(A) to undergo training on the process and (E) Data with respect to consultations as and the date that an appointment with a
requirements established under subsection follows: non-Department health care provider is
(a) as part of training for the position for (i) Consultations that were scheduled with- made; and
which the employee has been hired; and in the request window. (v) the date that an appointment with a
(B) to make the certification to the Sec- (ii) Duplicate consultation requests. non-Department health care provider is
retary required under paragraph (1). (iii) Consultations that were discontinued. made and the date that an appointment with
(c) METHOD TO MONITOR COMPLIANCE.— (iv) Delays in consultations. a non-Department health care provider oc-
(1) IN GENERAL.—Not later than 180 days (v) Consultations that were not properly curs; and
after the date of the enactment of this Act, closed or discontinued, including a descrip- (B) any other period of time that the Sec-
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the Secretary shall establish or maintain a tion of remediation attempts. retary determines necessary to measure.
method or tool— (F) A review for accuracy with respect to (d) CONDUCT OF AUDIT BY THIRD PARTY.—
(A) to enable monitoring of the compliance consultation management as follows: Each audit conducted under subsection (a)
of the Department with the process and re- (i) A review of the accuracy of the type of with respect to a medical facility of the De-
quirements established under subsection (a), service, either administrative or clinical, partment shall be conducted by an individual
including compliance with policies of the De- that is inputted in the electronic health or entity that is not affiliated with the facil-
partment relating to the maximum number record. ity.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7353
(e) TRANSMITTAL TO VHA.—Each audit con- (i) the date that a clinician of the Depart- (2) a description of any changes that the
ducted under subsection (a) shall be trans- ment determines that a veteran requires Secretary has made or plans to make to im-
mitted to the Under Secretary for Health of care, or a veteran presents to the Depart- prove that process.
the Department so that the Under Secretary ment requesting care, and the date that the (c) APPROPRIATE COMMITTEES OF CONGRESS
can— referral for care is sent to a non-Department DEFINED.—In this section, the term ‘‘appro-
(1) strengthen oversight of the scheduling health care provider; priate committees of Congress’’ means—
of appointments and management of con- (ii) the date that the referral for care is (1) the Committee on Veterans’ Affairs and
sultations throughout the Department; sent to a non-Department health care pro- the Committee on Appropriations of the Sen-
(2) monitor national policy on such sched- vider and the date that a non-Department ate; and
uling and management; and health care provider accepts the referral; (2) the Committee on Veterans’ Affairs and
(3) develop a remediation plan to address (iii) the date that a non-Department health the Committee on Appropriations of the
issues uncovered by those audits. care provider accepts the referral and the House of Representatives.
(f) ANNUAL REPORT.— date that the referral to a non-Department TITLE IV—NAVY SEAL BILL MULDER
(1) IN GENERAL.—Not later than December health care provider is completed; SEC. 4001. SHORT TITLE.
31 of each year in which an audit is con- (iv) the date that the referral to a non-De- This title may be cited as the ‘‘Navy SEAL
ducted under subsection (a), the Secretary partment health care provider is completed Bill Mulder Act of 2020’’.
shall submit to the Committee on Veterans’ and the date that an appointment with a
Subtitle A—Service-connection and COVID–
Affairs of the Senate and the Committee on non-Department health care provider is
19
Veterans’ Affairs of the House of Representa- made; and
(v) the date that an appointment with a SEC. 4101. PRESUMPTIONS OF SERVICE-CONNEC-
tives a report on the audit conducted during
TION FOR MEMBERS OF ARMED
that year. non-Department health care provider is FORCES WHO CONTRACT
(2) ELEMENTS.—The Secretary shall include made and the date that an appointment with CORONAVIRUS DISEASE 2019 UNDER
in each report required by paragraph (1)— a non-Department health care provider oc- CERTAIN CIRCUMSTANCES.
(A) the nationwide results of the audit con- curs; and (a) IN GENERAL.—Subchapter VI of chapter
ducted under subsection (a); (B) any other period of time that the Sec- 11 of title 38, United States Code, is amended
(B) the results of such audit with respect retary determines necessary to measure. by adding at the end the following new sec-
to each medical facility of the Department (2) SUBMISSIONS TO CONGRESS.— tion:
covered by such audit; (A) IN GENERAL.—Not later than one year ‘‘§ 1164. Presumptions of service-connection
(C) an assessment of how the Department after the date of the enactment of this Act, for Coronavirus Disease 2019
strengthened oversight of the scheduling of the Secretary shall submit to the Committee
‘‘(a) PRESUMPTIONS GENERALLY.—(1) For
appointments and management of consulta- on Veterans’ Affairs of the Senate and the
purposes of laws administered by the Sec-
tions at each such facility as a result of the Committee on Veterans’ Affairs of the House
retary and subject to section 1113 of this
audit; of Representatives the data measured under
title, if symptoms of Coronavirus Disease
(D) an assessment of how the audit in- paragraph (1), disaggregated by medical fa-
2019 (in this section referred to as ‘COVID–
formed the national policy of the Depart- cility.
19’) described in subsection (d) manifest
ment with respect to the scheduling of ap- (B) UPDATE.—Not less frequently than bi-
within one of the manifestation periods de-
pointments and management of consulta- weekly, the Secretary shall update the data
scribed in paragraph (2) in an individual who
tions; and submitted under subparagraph (A).
served in a qualifying period of duty de-
(E) a description of any remediation plans (c) COMPTROLLER GENERAL REPORT.—
scribed in subsection (b)—
to address issues raised by the audit that was (1) REVIEW.—Beginning not later than one
‘‘(A) infection with severe acute res-
completed. year after the date of the enactment of this
piratory syndrome coronavirus 2 (in this sec-
SEC. 3103. ADMINISTRATION OF NON-DEPART- Act, the Comptroller General of the United
tion referred to as ‘SARS–CoV–2’) shall be
MENT OF VETERANS AFFAIRS States shall review compliance by the Sec-
presumed to have occurred during the quali-
HEALTH CARE. retary with the requirements of this section,
fying period of duty;
(a) CERTIFICATION OF PROPER ADMINISTRA- including a review of the validity and reli-
‘‘(B) COVID–19 shall be presumed to have
TION OF NON-DEPARTMENT CARE.— ability of data submitted by the Secretary
been incurred during the qualifying period of
(1) REVIEW.— under subsection (b)(2).
duty; and
(A) IN GENERAL.—The Secretary of Vet- (2) REPORT.—Not later than three years
‘‘(C) if the individual becomes disabled or
erans Affairs shall conduct a review of the after the date of the enactment of this Act,
dies as a result of COVID–19, it shall be pre-
staffing, training, and other requirements the Comptroller General shall submit to the
sumed that the individual became disabled
necessary to administer section 1703 of title Committee on Veterans’ Affairs of the Sen-
or died during the qualifying period of duty
38, United States Code. ate and the Committee on Veterans’ Affairs
for purposes of establishing that the indi-
(B) ELEMENTS.—The review conducted of the House of Representatives the results
vidual served in the active military, naval,
under subparagraph (A) shall include, with of the review conducted under paragraph (1).
or air service.
respect to each medical facility of the De- SEC. 3104. EXAMINATION OF HEALTH CARE CON- ‘‘(2)(A) The manifestation periods de-
partment of Veterans Affairs— SULTATION AND SCHEDULING POSI- scribed in this paragraph are the following:
(i) an assessment of the type of positions TIONS OF DEPARTMENT OF VET-
‘‘(i) During a qualifying period of duty de-
required to be staffed at the medical facility; ERANS AFFAIRS.
scribed in subsection (b), if that period of
(ii) the number of such positions author- (a) PROPER GRADING OF CONSULTATION AND duty was more than 48 continuous hours in
ized; SCHEDULING POSITIONS.— duration.
(iii) the number of such positions funded; (1) IN GENERAL.—The Secretary of Veterans ‘‘(ii) Within 14 days after the individual’s
(iv) the number of such positions filled; Affairs shall conduct an examination of completion of a qualifying period of duty de-
and health care positions of the Department of scribed in subsection (b).
(v) the number of additional such positions Veterans Affairs to determine whether ‘‘(iii) An additional period prescribed under
required to be authorized. health care positions involved in the con- subparagraph (B).
(2) SUBMITTAL TO CONGRESS.—Not later sultation and scheduling processes are appro- ‘‘(B)(i) If the Secretary determines that a
than 180 days after the date of the enactment priately graded. manifestation period of more than 14 days
of this Act, and every 180 days thereafter, (2) CONSULTATION.—In conducting the ex- after completion of a qualifying period of
the Secretary shall submit to the Committee amination under paragraph (1), the Sec- service is appropriate for the presumptions
on Veterans’ Affairs of the Senate and the retary shall consult with health care staffing under paragraph (1), the Secretary may pre-
Committee on Veterans’ Affairs of the House experts in the Federal Government and the scribe that additional period by regulation.
of Representatives— private sector. ‘‘(ii) A determination under clause (i) shall
(A) the results of the review conducted (3) SUBMITTAL TO CONGRESS.—Not later be made in consultation with the Director of
under paragraph (1); and than 120 days after the date of the enactment the Centers for Disease Control and Preven-
(B) a certification that the Secretary has of this Act, the Secretary shall submit to the tion.
established all staffing, training, and other appropriate committees of Congress the re- ‘‘(b) QUALIFYING PERIOD OF DUTY DE-
requirements required to be reviewed under sults of the examination conducted under SCRIBED.—A qualifying period of duty de-
such paragraph. paragraph (1). scribed in this subsection is—
(b) SCHEDULING OF APPOINTMENTS.— (b) REVIEW OF ONBOARDING PROCESS.—Not ‘‘(1) a period of active duty performed—
(1) MEASUREMENT OF TIMELINESS FOR EACH later than 180 days after the date of the en- ‘‘(A) during the national emergency de-
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FACILITY.—Not later than 120 days after the actment of this Act, the Secretary shall sub- clared by the President under the National
date of the enactment of this Act, the Sec- mit to the appropriate committees of Con- Emergencies Act (50 U.S.C. 1601 et seq.); and
retary shall measure, with respect to refer- gress— ‘‘(B) before the date that is three years
rals for non-Department health care origi- (1) a review of the onboarding process of in- after the date of the enactment of the John-
nating from medical facilities of the Depart- dividuals in health care positions described ny Isakson and David P. Roe, M.D. Veterans
ment, for each such facility— in subsection (a), including how long it takes Health Care and Benefits Improvement Act
(A) the period of time between— to hire those individuals; and of 2020; or
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S7354 CONGRESSIONAL RECORD — SENATE December 9, 2020
‘‘(2) training duty under title 10 or full- (C) Communications equipment and serv- (i) to quickly identify temporary alternate
time National Guard duty (as defined in sec- ices (such as tablets, smartphones, dispos- sites of care for homeless veterans that are
tion 101 of title 10), performed under orders able phones, and related service plans) re- suitable for habitation;
issued on or after March 13, 2020— quired to support stability and health (such (ii) to facilitate social distancing or isola-
‘‘(A) during the national emergency de- as maintaining contact with service pro- tion needs; or
clared by the President under the National viders, prospective landlords, and family). (iii) to facilitate activation or continu-
Emergencies Act (50 U.S.C. 1601 et seq.); and (D) Such other assistance as the Secretary ation of a program for which a grant has
‘‘(B) before the date that is three years determines is needed. been awarded.
after the date of the enactment of the John- (2) HOMELESS VETERANS ON LAND OF THE DE- (B) LIMITATION.—The Secretary may waive
ny Isakson and David P. Roe, M.D. Veterans PARTMENT.— a requirement pursuant to the authority pro-
Health Care and Benefits Improvement Act (A) COLLABORATION.—During a covered vided by subparagraph (A) with respect to a
of 2020. public health emergency, to the extent pos- facility of a recipient of a grant or an eligi-
‘‘(c) APPLICATION OF PRESUMPTIONS FOR sible, the Secretary may collaborate with ble entity under the program only if the fa-
TRAINING DUTY.—When, pursuant to sub- one or more organizations to manage use of cility meets applicable local safety require-
section (a), COVID–19 is presumed to have land of the Department for homeless vet- ments, including fire safety requirements.
been incurred during a qualifying period of erans for living and sleeping. (6) DISPOSITION OF PROPERTY RELATING TO
duty described in subsection (b)(2)— (B) ELEMENTS.—Collaboration under sub- GRANTS.—During a covered public health
‘‘(1) COVID–19 shall be deemed to have paragraph (A) may include the provision by emergency, if the recipient of a grant award-
been incurred in the line of duty during a pe- either the Secretary or the organization of ed before or during such emergency under
riod of active military, naval, or air service; food services and security for property, section 2011 of title 38, United States Code,
and buildings, and other facilities owned or con- for a project described in subsection (b)(1) of
‘‘(2) where entitlement to benefits under trolled by the Department. such section is no longer providing services
this title is predicated on the individual who (b) GRANT AND PER DIEM PROGRAM.— in accordance with the terms of the grant,
was disabled or died being a veteran, benefits (1) LIMITS ON RATES FOR PER DIEM PAY- the recipient shall not be subject during such
for disability or death resulting from MENTS.—Section 20013(b) of the Coronavirus emergency to any property disposition re-
COVID–19 as described in subsection (a) shall Aid, Relief, and Economic Security Act (38 quirements relating to the grant under sub-
be paid or furnished as if the individual was U.S.C. 2011 note; Public Law 116–136) is section (c) or (f) of section 61.67 of title 38,
a veteran, without regard to whether the pe- amended— Code of Federal Regulations, section
riod of duty would constitute active mili- (A) by redesignating paragraphs (1) and (2) 200.311(c) of title 2, Code of Federal Regula-
tary, naval, or air service under section 101 as subparagraphs (A) and (B), respectively; tions, or successor regulations.
of this title. (B) in the matter preceding subparagraph (c) INSPECTION AND LIFE SAFETY CODE RE-
‘‘(d) SYMPTOMS OF COVID–19.—For pur- QUIREMENTS FOR THERAPEUTIC HOUSING.—
(A), as so redesignated, by inserting ‘‘(1)’’ be-
poses of subsection (a), symptoms of COVID– fore ‘‘In the case’’; and (1) IN GENERAL.—During a covered public
19 are those symptoms that competent med- (C) by adding at the end the following: health emergency, the Secretary may waive
ical evidence demonstrates are experienced any inspection or life safety code require-
‘‘(2) If the Secretary waives any limit on
by an individual affected and directly related ment under subsection (c) of section 2032 of
grant amounts or rates for per diem pay-
to COVID–19. title 38, United States Code—
ments under paragraph (1), notwithstanding
‘‘(e) MEDICAL EXAMINATIONS AND OPIN- (A) to allow quick identification of tem-
section 2012(a)(2)(B) of such title, the max-
IONS.—If there is a question of whether the porary alternate sites of care for homeless
imum rate for per diem payments described
symptoms experienced by an individual de- veterans that are suitable for habitation;
in paragraph (1)(B) shall be three times the
scribed in paragraph (1) of subsection (a) dur- (B) to facilitate social distancing or isola-
rate authorized for State homes for domi-
ing a manifestation period described in para- tion needs; or
ciliary care under section 1741 of such title.’’.
graph (2) of such subsection are attributable (C) to facilitate the operation of housing
(2) MODIFICATION OF FUNDING LIMITS FOR
to COVID–19 resulting from infection with under such section.
GRANTS.—Subsection (c)(2) of section 2011 of
SARS–CoV–2 during the qualifying period of (2) LIMITATION.—The Secretary may waive
title 38, United States Code, shall not apply
duty, in determining whether a medical ex- a requirement pursuant to the authority pro-
to any grant awarded during a covered public
amination or medical opinion is necessary to vided by paragraph (1) with respect to a resi-
health emergency under such section for a
make a decision on the claim within the dence or facility referred to in such section
project described in subsection (b)(1) of such
meaning of section 5103A(d) of this title, a 2032 only if the residence or facility, as the
section.
qualifying period of duty described in sub- case may be, meets applicable local safety
(3) USE OF PER DIEM PAYMENTS.—During a
section (b) of this section shall be treated as requirements, including fire safety require-
covered public health emergency, a recipient
if it were active military, naval, or air serv- ments.
of a grant or an eligible entity under the (d) ACCESS TO DEPARTMENT OF VETERANS
ice for purposes of section 5103A(d)(2)(B) of grant and per diem program of the Depart-
this title.’’. AFFAIRS TELEHEALTH SERVICES.—To the ex-
ment (in this subsection referred to as the tent practicable, during a covered public
(b) CLERICAL AMENDMENT.—The table of ‘‘program’’) may use per diem payments
sections at the beginning of such subchapter health emergency, the Secretary shall en-
under sections 2012 and 2061 of title 38, sure that veterans participating in or receiv-
is amended by adding at the end the fol- United States Code, to provide assistance re- ing services from a program under chapter 20
lowing new item: quired for safety and survival (such as food, of title 38, United States Code, have access
‘‘1164. Presumptions of service-connection shelter, clothing, blankets, and hygiene to telehealth services to which such veterans
for Coronavirus Disease 2019.’’. items) for— are eligible under the laws administered by
Subtitle B—Assistance for Homeless Veterans (A) homeless veterans; and the Secretary, including by ensuring that
SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF
(B) formerly homeless veterans residing in telehealth capabilities are available to—
VETERANS AFFAIRS IN CARING FOR a facility operated wholly or in part by such (1) such veterans;
HOMELESS VETERANS DURING A a recipient or eligible entity receiving per (2) case managers of the Department of
COVERED PUBLIC HEALTH EMER- diem payments under section 2012 of such programs for homeless veterans authorized
GENCY. title. under such chapter; and
(a) GENERAL SUPPORT.— (4) ADDITIONAL TRANSITIONAL HOUSING.— (3) community-based service providers for
(1) USE OF FUNDS.—During a covered public (A) IN GENERAL.—During a covered public homeless veterans receiving funds from the
health emergency, the Secretary of Veterans health emergency, under the program, the Department through grants or contracts.
Affairs may use amounts appropriated or Secretary may provide amounts for addi- (e) DEFINITIONS.—In this section:
otherwise made available to the Department tional transitional housing beds to facilitate (1) COVERED PUBLIC HEALTH EMERGENCY.—
of Veterans Affairs to carry out sections access to housing and services provided to The term ‘‘covered public health emergency’’
2011, 2012, 2031, and 2061 of title 38, United homeless veterans. means an emergency with respect to COVID–
States Code, to provide to homeless veterans (B) NOTICE; COMPETITION; PERIOD OF PER- 19 declared by a Federal, State, or local au-
and veterans participating in the program FORMANCE.—The Secretary may provide thority.
carried out under section 8(o)(19) of the amounts under subparagraph (A)— (2) HOMELESS VETERAN; VETERAN.—The
United States Housing Act of 1937 (42 U.S.C. (i) without notice or competition; and terms ‘‘homeless veteran’’ and ‘‘veteran’’
1437f(o)(19)) (commonly referred to as ‘‘HUD– (ii) for a period of performance determined have the meanings given those terms in sec-
VASH’’), as the Secretary determines is by the Secretary. tion 2002 of title 38, United States Code.
needed, the following: (5) INSPECTIONS AND LIFE SAFETY CODE RE- (3) TELEHEALTH.—
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(A) Assistance required for safety and sur- QUIREMENTS.— (A) IN GENERAL.—The term ‘‘telehealth’’
vival (such as food, shelter, clothing, blan- (A) IN GENERAL.—During a covered public means the use of electronic information and
kets, and hygiene items). health emergency, the Secretary may waive telecommunications technologies to support
(B) Transportation required to support sta- any requirement under subsection (b) or (c) and promote long-distance clinical health
bility and health (such as for appointments of section 2012 of title 38, United States Code, care, patient and professional health-related
with service providers, conducting housing in order to allow the recipient of a grant or education, public health, and health admin-
searches, and obtaining food and supplies). an eligible entity under the program— istration.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7355
(B) TECHNOLOGIES.—For purposes of sub- ‘‘(6) Such other legal services as the Sec- payments shall be the daily cost of care esti-
paragraph (A), ‘‘telecommunications tech- retary determines appropriate. mated by the grant recipient or eligible enti-
nologies’’ include video conferencing, the ‘‘(e) FUNDS FOR WOMEN VETERANS.—For ty adjusted by the Secretary under clause
internet, streaming media, and terrestrial any fiscal year, not less than 10 percent of (ii).
and wireless communications. the amount authorized to be appropriated for ‘‘(ii)(I) The Secretary shall adjust the rate
SEC. 4202. LEGAL SERVICES FOR HOMELESS VET- grants under this section shall be used to estimated by the grant recipient or eligible
ERANS AND VETERANS AT RISK FOR provide legal services described in subsection entity under clause (i) to exclude other
HOMELESSNESS. (d) to women veterans. sources of income described in subclause (III)
(a) IN GENERAL.—Subchapter III of chapter ‘‘(f) LOCATIONS.—To the extent practicable, that the grant recipient or eligible entity
20 of title 38, United States Code, is amended the Secretary shall award grants under this certifies to be correct.
by inserting after section 2022 the following section to eligible entities in a manner that ‘‘(II) Each grant recipient or eligible entity
new section: is equitably distributed across the geo- shall provide to the Secretary such informa-
graphic regions of the United States, includ- tion with respect to other sources of income
‘‘§ 2022A. Legal services for homeless veterans as the Secretary may require to make the
and veterans at risk for homelessness ing with respect to—
‘‘(1) rural communities; adjustment under subclause (I).
‘‘(a) GRANTS.—Subject to the availability ‘‘(III) The other sources of income referred
‘‘(2) trust lands (as defined in section 3765
of appropriations provided for such purpose, to in subclauses (I) and (II) are payments to
of this title);
the Secretary shall award grants to eligible the grant recipient or eligible entity for fur-
‘‘(3) Native Americans; and
entities that provide legal services to home- nishing services to homeless veterans under
‘‘(4) tribal organizations (as defined in sec-
less veterans and veterans at risk for home- programs other than under this subchapter,
tion 4 of the Indian Self-Determination and
lessness. including payments and grants from other
‘‘(b) CRITERIA.—(1) The Secretary shall— Education Assistance Act (25 U.S.C. 5304)).
departments and agencies of the United
‘‘(g) BIENNIAL REPORTS.—(1) Not less fre-
‘‘(A) establish criteria and requirements States, from departments or agencies of
quently than once every two years, the Sec-
for grants under this section, including cri- State or local government, and from private
retary shall submit to the Committee on
teria for entities eligible to receive such entities or organizations.
Veterans’ Affairs of the Senate and the Com- ‘‘(iii) For purposes of calculating the rate
grants; and
mittee on Veterans’ Affairs of the House of for per diem payments under clause (i), in
‘‘(B) publish such criteria and require-
Representatives a report on grants awarded the case of a homeless veteran who has care
ments in the Federal Register.
‘‘(2) In establishing criteria and require- under this section. of a minor dependent while receiving serv-
‘‘(2) To the extent feasible, each report re- ices from the grant recipient or eligible enti-
ments under paragraph (1), the Secretary
quired by paragraph (1) shall include the fol- ty, the daily cost of care of the homeless vet-
shall—
lowing with respect to the period covered by eran shall be the sum of the daily cost of
‘‘(A) take into consideration any criteria
the report: care of the homeless veteran determined
and requirements needed with respect to car-
‘‘(A) The number of homeless veterans and under clause (i) plus, for each such minor de-
rying out this section in rural communities,
veterans at risk for homelessness assisted. pendent, an amount that equals 50 percent of
on trust lands, and in the territories and pos-
‘‘(B) A description of the legal services pro- such daily cost of care.
sessions of the United States; and
vided. ‘‘(B)(i)(I) Except as provided in clause (ii),
‘‘(B) consult with organizations that have
‘‘(C) A description of the legal matters ad- and subject to the availability of appropria-
experience in providing services to homeless
dressed. tions, the Secretary may adjust the rate for
veterans, including—
‘‘(D) An analysis by the Secretary with re- per diem payments under this paragraph, as
‘‘(i) veterans service organizations;
spect to the operational effectiveness and the Secretary considers appropriate.
‘‘(ii) the Equal Justice Works AmeriCorps
cost-effectiveness of the services provided.’’. ‘‘(II) Any adjustment made under this
Veterans Legal Corps; and
(b) CLERICAL AMENDMENT.—The table of clause—
‘‘(iii) such other organizations as the Sec-
sections at the beginning of chapter 20 of ‘‘(aa) may not result in a rate that—
retary determines appropriate.
such title is amended by inserting after the ‘‘(AA) is lower than the rate in effect under
‘‘(c) ELIGIBLE ENTITIES.—The Secretary
item relating to section 2022 the following this paragraph as in effect immediately pre-
may award a grant under this section to an
new item: ceding the date of the enactment of the Navy
entity applying for such a grant only if the
‘‘2022A. Legal services for homeless veterans SEAL Bill Mulder Act of 2020; or
applicant for the grant—
and veterans at risk for home- ‘‘(BB) exceeds the rate that is 115 percent
‘‘(1) is a public or nonprofit private entity
lessness.’’. of the rate authorized for State homes for
with the capacity (as determined by the Sec-
(c) CRITERIA.—Not later than 180 days after domiciliary care under subsection (a)(1)(A) of
retary) to effectively administer a grant
the date of the enactment of this Act, the section 1741 of this title, as the Secretary
under this section;
Secretary of Veterans Affairs shall establish may increase from time to time under sub-
‘‘(2) demonstrates that adequate financial
and publish in the Federal Register the cri- section (c) of that section; and
support will be available to carry out the
teria and requirements pursuant to sub- ‘‘(bb) may be determined on the basis of lo-
services for which the grant is sought con-
section (b)(1) of section 2022A of title 38, cality.
sistent with the application;
United States Code, as added by subsection ‘‘(ii) In the case of services furnished to a
‘‘(3) agrees to meet the applicable criteria
(a). homeless veteran who is placed in housing
and requirements established under sub- that will become permanent housing for the
section (b)(1); and SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF
VETERANS AFFAIRS PROGRAMS veteran upon termination of the furnishing
‘‘(4) has, as determined by the Secretary, of such services to such veteran, the max-
THAT PROVIDE ASSISTANCE TO
demonstrated the capacity to meet such cri- WOMEN VETERANS WHO ARE HOME- imum rate of per diem authorized under this
teria and requirements. LESS. section is 150 percent of the rate authorized
‘‘(d) USE OF FUNDS.—Grants under this sec- (a) IN GENERAL.—The Secretary of Vet- for State homes for domiciliary care under
tion shall be used to provide homeless vet- erans Affairs shall complete an analysis of subsection (a)(1)(A) of section 1741 of this
erans and veterans at risk for homelessness programs of the Department of Veterans Af- title, as the Secretary may increase from
the following legal services: fairs that provide assistance to women vet- time to time under subsection (c) of that sec-
‘‘(1) Legal services relating to housing, in- erans who are homeless or precariously tion.’’.
cluding eviction defense, representation in housed to identify the areas in which such (b) REIMBURSEMENT OF CERTAIN FEES.—
landlord-tenant cases, and representation in programs are failing to meet the needs of Such section is further amended by adding at
foreclosure cases. such women. the end the following new subsection:
‘‘(2) Legal services relating to family law, (b) REPORT.—Not later than 270 days after ‘‘(e) REIMBURSEMENT OF ENTITIES FOR CER-
including assistance in court proceedings for the date of the enactment of this Act, the TAIN FEES.—The Secretary may reimburse a
child support, divorce, estate planning, and Secretary shall submit to the Committee on recipient of a grant under section 2011, 2013,
family reconciliation. Veterans’ Affairs of the Senate and the Com- or 2061 of this title or a recipient of per diem
‘‘(3) Legal services relating to income sup- mittee on Veterans’ Affairs of the House of payments under this section for fees charged
port, including assistance in obtaining pub- Representatives a report on the analysis to that grant or per diem payment recipient
lic benefits. completed under subsection (a). for the use of the homeless management in-
‘‘(4) Legal services relating to criminal de- formation system described in section 402(f)
SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED
fense, including defense in matters sympto- BY THE SECRETARY OF VETERANS of the McKinney-Vento Homeless Assistance
matic of homelessness, such as outstanding AFFAIRS TO ENTITIES THAT PRO- Act (42 U.S.C. 11360a(f))—
warrants, fines, and driver’s license revoca- VIDE SERVICES TO HOMELESS VET- ‘‘(1) in amounts the Secretary determines
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tion, to reduce recidivism and facilitate the ERANS. to be reasonable; and
overcoming of reentry obstacles in employ- (a) INCREASE IN PER DIEM PAYMENTS.— ‘‘(2) if the Secretary determines that the
ment or housing. Paragraph (2) of subsection (a) of section 2012 grant or per diem payment recipient is un-
‘‘(5) Legal services relating to requests to of title 38, United States Code, is amended to able to obtain information contained in such
upgrade the characterization of a discharge read as follows: system through other means and at no cost
or dismissal of a former member of the ‘‘(2)(A)(i) Except as otherwise provided in to the grant or per diem payment recipi-
Armed Forces under section 1553 of title 10. subparagraph (B), the rate for such per diem ent.’’.
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S7356 CONGRESSIONAL RECORD — SENATE December 9, 2020
SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO were unused due to a lack of case manage- ployers pursuant to subsection (b) of this
CARRY OUT PROGRAM OF REFER- ment services provided by the Secretary; and section for purposes of tracking employment
RAL AND COUNSELING SERVICES
‘‘(ii) one or more case manager positions of veterans.’’.
FOR VETERANS AT RISK FOR HOME-
LESSNESS WHO ARE TRANSITIONING have been vacant for at least nine consecu- SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF
FROM CERTAIN INSTITUTIONS. tive months immediately preceding the date PROVIDERS OF HIGH TECHNOLOGY
of such determination.’’; and PROGRAMS OF EDUCATION FOR
(a) IN GENERAL.—Section 2023 of title 38, VETERANS.
United States Code, is amended— (2) in subsection (b)(2)—
(A) in the matter before subparagraph (A), Section 116 of the Harry W. Colmery Vet-
(1) by striking subsection (d); and erans Educational Assistance Act of 2017
(2) by redesignating subsection (e) as sub- by striking ‘‘, including because—’’ and in-
serting a period; and (Public Law 115–48; 38 U.S.C. 3001 note) is
section (d). amended—
(b) CONFORMING AMENDMENT.—Section (B) by striking subparagraphs (A), (B), and
(C). (1) in subsection (b), by adding at the end
2021(a)(4) of such title is amended by striking the following: ‘‘The Secretary shall treat an
‘‘section 2023(e)’’ and inserting ‘‘section (b) EFFECTIVE DATE.—The amendments
made by this section shall take effect on the individual as an eligible veteran if the Sec-
2023(d)’’. retary determines that the individual shall
first day of the first fiscal year that begins
SEC. 4206. COORDINATION OF CASE MANAGE- become an eligible veteran fewer than 180
MENT SERVICES FOR VETERANS RE- after the date of the enactment of this Act.
CEIVING HOUSING VOUCHERS SEC. 4208. REPORT ON STAFFING OF DEPART- days after the date of such determination. If
UNDER TRIBAL HOUSING AND MENT OF HOUSING AND URBAN DE- an individual treated as an eligible veteran
URBAN DEVELOPMENT-VETERANS VELOPMENT-DEPARTMENT OF VET- by reason of the preceding sentence does
AFFAIRS SUPPORTIVE HOUSING ERANS AFFAIRS SUPPORTED HOUS- anything to make the veteran ineligible dur-
PROGRAM. ING PROGRAM. ing the 180-day period referred to in such
Section 2003 of title 38, United States Code, Not later than 180 days after the date of sentence, the Secretary may require the vet-
is amended by adding at the end the fol- the enactment of this Act, and every three eran to repay any benefits received by such
lowing new subsection: years thereafter, the Secretary of Veterans veteran by reason of such sentence.’’;
‘‘(c) MEMORANDUM OF UNDERSTANDING ON Affairs shall submit to the Committee on (2) in subsection (c)—
ASSISTANCE FROM INDIAN HEALTH SERVICE.— Veterans’ Affairs of the Senate and the Com- (A) in paragraph (3)(A), by striking ‘‘has
The Secretary may enter into a memo- mittee on Veterans’ Affairs of the House of been operational for at least 2 years’’ and in-
randum of understanding with the Secretary Representatives a report that includes the serting ‘‘employs instructors whom the Sec-
of Health and Human Services under which following: retary determines are experts in their re-
case managers of the Indian Health Service (1) An assessment of the hiring needs of the spective fields in accordance with paragraph
may provide case management assistance to program carried out under section 8(o)(19) of (6)’’; and
veterans who receive housing vouchers under the United States Housing Act of 1937 (42 (B) by adding at the end the following new
the Tribal Housing and Urban Development- U.S.C. 1437f(o)(19)) (in this section referred to paragraph:
Veterans Affairs Supportive Housing (Tribal as the ‘‘HUD-VASH program’’), including— ‘‘(6) EXPERTS.—The Secretary shall deter-
HUD-VASH) program of the Department of (A) an identification of the number of case mine whether instructors are experts under
Housing and Urban Development.’’. managers of the HUD-VASH program as of paragraph (3)(A) based on evidence furnished
SEC. 4207. CONTRACTS RELATING TO CASE MAN- the date of the report including— to the Secretary by the provider regarding
AGERS FOR HOMELESS VETERANS (i) the total number of vacancies; and the ability of the instructors to—
IN SUPPORTED HOUSING PROGRAM. (ii) the vacancies at each medical center of ‘‘(A) identify professions in need of new
(a) IN GENERAL.—Section 304 of the Hon- the Department of Veterans Affairs; employees to hire, tailor the programs to
oring America’s Veterans and Caring for (B) the number of case managers of the meet market needs, and identify the employ-
Camp Lejeune Families Act of 2012 (Public HUD-VASH program that the Secretary of ers likely to hire graduates;
Law 112–154; 38 U.S.C. 2041 note) is amended— Veterans Affairs and the Secretary of Hous- ‘‘(B) effectively teach the skills offered to
(1) in subsection (a)— ing and Urban Development jointly deter- eligible veterans;
(A) by inserting ‘‘(1)’’ before ‘‘The Sec- mine necessary to meet the needs of the De- ‘‘(C) provide relevant industry experience
retary’’; partment and the program; and in the fields of programs offered to incoming
(B) by adding at the end the following new (C) the amount of turnover among case eligible veterans; and
paragraphs: managers of the HUD-VASH program and ‘‘(D) demonstrate relevant industry experi-
‘‘(2)(A) The director of each covered med- whether the turnover was planned or unex- ence in such fields of programs.’’;
ical center shall seek to enter into one or pected. (3) in subsection (d), in the matter pre-
more contracts or agreements described in (2) An assessment of how compensation, in- ceding paragraph (1)—
paragraph (1). cluding recruitment and retention incen- (A) by inserting ‘‘(not including an indi-
‘‘(B) Any contract or agreement under sub- tives, for case managers of the HUD-VASH vidual described in the second sentence of
paragraph (A) may require that each case program affects turnover, and what percent- subsection (b))’’ after ‘‘each eligible vet-
manager employed by an eligible entity who age of retention compensation is provided to eran’’; and
performs services under the contract or such case managers at each medical center (B) by inserting ‘‘or part-time’’ after ‘‘full-
agreement has credentials equivalent to the of the Department of Veterans Affairs (com- time’’;
credentials required for a case manager of pared to other positions). (4) in subsection (g), by striking
the Department. (3) A comparison of compensation de- ‘‘$15,000,000’’ and inserting ‘‘$45,000,000’’; and
‘‘(C)(i) The Secretary may waive the re- scribed in paragraph (2) with the compensa- (5) by adding at the end the following new
quirement under subparagraph (A) with re- tion provided to State, local, and nongovern- subsection (i):
spect to a covered medical center if the Sec- mental housing employees at comparable ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF
retary determines that fulfilling such re- training and experience levels. ASSISTANCE.—The Secretary may not con-
quirement is infeasible. (4) Examples of how the Department of sider enrollment in a high technology pro-
‘‘(ii) If the Secretary grants a waiver under Veterans Affairs and the Department of gram of education under this section to be
clause (i), the Secretary shall, not later than Housing and Urban Development have assistance under a provision of law referred
90 days after granting such waiver, submit to worked with non-Federal partners (such as to in section 3695 of title 38, United States
the Committee on Veterans’ Affairs of the local governments, nongovernmental organi- Code.’’.
Senate and the Committee on Veterans’ Af- zations, veterans service organizations, and SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRAN-
fairs of the House of Representatives a re- employee unions) to meet the staffing needs SITION TRAINING FOR VETERANS
port containing— of the HUD-VASH program. AND SPOUSES.
‘‘(I) an explanation of the determination (5) Examples of how medical centers of the (a) EXTENSION OF PILOT PROGRAM.—Sub-
made under clause (i); Department of Veterans Affairs with high re- section (a) of section 301 of the Dignified
‘‘(II) a plan to increase the number of case tention rates for case managers of the HUD- Burial and Other Veterans’ Benefits Im-
managers of the Department; and VASH program have been able to maintain provement Act of 2012 (Public Law 112–260; 10
‘‘(III) a plan for the covered medical center staffing levels. U.S.C. 1144 note) is amended—
to increase use of housing vouchers allocated Subtitle C—Retraining Assistance for (1) by striking ‘‘During the two-year period
to that medical center under the program de- Veterans beginning on the date of the enactment of
scribed in paragraph (1). SEC. 4301. ACCESS FOR THE SECRETARIES OF this Act’’ and inserting ‘‘During the five-
‘‘(D) In this paragraph, the term ‘covered LABOR AND VETERANS AFFAIRS TO year period beginning on the date of the en-
medical center’ means a medical center of THE FEDERAL DIRECTORY OF NEW actment of the Navy SEAL Bill Mulder Act
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the Department with respect to which the HIRES. of 2020’’; and
Secretary determines that— Section 453A(h) of the Social Security Act (2) by striking ‘‘to assess the feasibility
‘‘(i) more than 15 percent of all housing (42 U.S.C. 653a(h)) is amended by adding at and advisability of providing such program
vouchers allocated to that medical center the end the following new paragraph: to eligible individuals at locations other
under the program described in paragraph (1) ‘‘(4) VETERAN EMPLOYMENT.—The Secre- than military installations’’.
during the fiscal year preceding the fiscal taries of Labor and of Veterans Affairs shall (b) LOCATIONS.—Subsection (c) of such sec-
year in which such determination was made have access to information reported by em- tion is amended—
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7357
(1) in paragraph (1)— exceed 50 percent of the amount required by (A) the Committee on Veterans’ Affairs
(A) in the paragraph heading, by striking the organization to provide the services de- and the Committee on Armed Services of the
‘‘STATES’’ and inserting ‘‘LOCATIONS’’; and scribed in subsection (b). Senate; and
(B) by striking ‘‘not less than three and (f) DEADLINE.—The Secretary shall carry (B) the Committee on Veterans’ Affairs
not more than five States’’ and inserting out this section not later than 180 days after and the Committee on Armed Services of the
‘‘not fewer than 50 locations in States (as de- the date of the enactment of this Act. House of Representatives.
fined in section 101 of title 38, United States (g) TERMINATION.—The authority to pro- (2) COVERED OFFICIALS.—The term ‘‘covered
Code)’’; vide a grant under this section shall termi- officials’’ means—
(2) in paragraph (2), by striking ‘‘at least nate on the date that is five years after the (A) the Secretary of Defense;
two’’ and inserting ‘‘at least 20’’; and date on which the Secretary implements the (B) the Secretary of Labor;
(3) by adding at the end the following new grant program under this section. (C) the Administrator of the Small Busi-
paragraphs: SEC. 4305. ONE-YEAR INDEPENDENT ASSESS- ness Administration; and
‘‘(5) PREFERENCES.—In selecting States for MENT OF THE EFFECTIVENESS OF (D) the Secretaries of the military depart-
participation in the pilot program, the Sec- TRANSITION ASSISTANCE PROGRAM. ments.
retary shall provide a preference for any (a) INDEPENDENT ASSESSMENT.—Not later (3) MILITARY DEPARTMENT.—The term
State with— than 90 days after the date of the enactment ‘‘military department’’ has the meaning
‘‘(A) a high rate of usage of unemployment of this Act, the Secretary of Veterans Af- given that term in section 101 of title 10,
benefits for recently separated members of fairs, in consultation with the covered offi- United States Code.
the Armed Forces; or cials, shall enter into an agreement with an SEC. 4306. LONGITUDINAL STUDY ON CHANGES
‘‘(B) a labor force or economy that has appropriate entity with experience in adult TO TRANSITION ASSISTANCE PRO-
been significantly impacted by a covered GRAM.
education to carry out a one-year inde-
public health emergency. pendent assessment of the Transition Assist- (a) STUDY.—Not later than 90 days after
‘‘(6) COVERED PUBLIC HEALTH EMERGENCY ance Program under sections 1142 and 1144 of the date of the enactment of this Act, the
DEFINED.—In this subsection, the term ‘cov- title 10, United States Code (TAP), includ- Secretary of Veterans Affairs, in consulta-
ered public health emergency’ means— tion with the Secretary of Defense, the Sec-
ing—
‘‘(A) the public health emergency declared retary of Labor, and the Administrator of
(1) the effectiveness of the Transition As-
by the Secretary of Health and Human Serv- the Small Business Administration, shall
sistance Program for members of each mili-
ices under section 319 of the Public Health conduct a five-year longitudinal study re-
tary department during the entire military
Service Act (42 U.S.C. 247d) on January 31, garding the Transition Assistance Program
life cycle;
2020, with respect to Coronavirus Disease 2019 under sections 1142 and 1144 of title 10,
(2) the appropriateness of the career readi-
(COVID–19); or United States Code (TAP), on three separate
ness standards of the Transition Assistance cohorts of members of the Armed Forces who
‘‘(B) a domestic emergency declared, based Program;
on an outbreak of Coronavirus Disease 2019 have separated from the Armed Forces, in-
(3) a review of information that is provided cluding—
(COVID–19), by the President, the Secretary to the Department of Veterans Affairs under
of Homeland Security, or a State or local au- (1) a cohort that has attended counseling
the Transition Assistance Program, includ- under the Transition Assistance Program as
thority.’’. ing mental health data;
(c) ANNUAL REPORT.—Subsection (e) of implemented on the date of the enactment of
(4) whether the Transition Assistance Pro- this Act;
such section is amended by adding at the end gram effectively addresses the challenges
the following new sentence: ‘‘Each such re- (2) a cohort that attends counseling under
veterans face entering the civilian workforce the Transition Assistance Program after the
port shall include information about the em- and in translating experience and skills from
ployment outcomes of the eligible individ- Secretary of Defense and the Secretary of
military service to the job market; Labor implement changes recommended in
uals who received such training during the (5) whether the Transition Assistance Pro-
year covered by the report.’’. the report under section 136(b); and
gram effectively addresses the challenges (3) a cohort that has not attended coun-
(d) CONFORMING REPEAL.—Subsection (f) of faced by the families of veterans making the
such section is repealed. seling under the Transition Assistance Pro-
transition to civilian life; gram.
SEC. 4304. GRANTS FOR PROVISION OF TRANSI- (6) appropriate metrics regarding outcomes
TION ASSISTANCE TO MEMBERS OF (b) PROGRESS REPORTS.—Not later than 90
of the Transition Assistance Program for days after the date that is one year after the
THE ARMED FORCES AFTER SEPA-
RATION, RETIREMENT, OR DIS-
members of the Armed Forces one year after date of the initiation of the study under sub-
CHARGE. separation, retirement, or discharge from section (a), and annually thereafter for the
(a) IN GENERAL.—The Secretary of Vet- the Armed Forces; three subsequent years, the Secretary of
erans Affairs shall make grants to eligible (7) what the Secretary, in consultation Veterans Affairs, the Secretary of Defense,
organizations for the provision of transition with the covered officials and veterans serv- the Secretary of Labor, and the Adminis-
assistance to members of the Armed Forces ice organizations, determine to be successful trator of the Small Business Administration
who are separated, retired, or discharged outcomes for the Transition Assistance Pro- shall jointly submit to the appropriate com-
from the Armed Forces, and spouses of such gram; mittees of Congress a progress report of ac-
members. (8) whether members of the Armed Forces tivities under the study during the imme-
(b) USE OF FUNDS.—The recipient of a grant achieve successful outcomes for the Transi- diately preceding year.
under this section shall use the grant to pro- tion Assistance Program, as determined (c) FINAL REPORT.—
vide to members of the Armed Forces and under paragraph (7); (1) IN GENERAL.—Not later than 180 days
spouses described in subsection (a) resume (9) how the Secretary and the covered offi- after the completion of the study under sub-
assistance, interview training, job recruit- cials provide feedback to each other regard- section (a), the Secretary of Veterans Af-
ment training, and related services leading ing such outcomes; fairs, the Secretary of Defense, the Secretary
directly to successful transition, as deter- (10) recommendations for the Secretaries of Labor, and the Administrator of the Small
mined by the Secretary. of the military departments regarding how Business Administration shall jointly submit
(c) ELIGIBLE ORGANIZATIONS.—To be eligi- to improve outcomes for members of the to the appropriate committees of Congress a
ble for a grant under this section, an organi- Armed Forces after separation, retirement, report of final findings and recommendations
zation shall submit to the Secretary an ap- and discharge; and based on the study.
plication containing such information and (11) other topics the Secretary and the cov- (2) ELEMENTS.—The final report under
assurances as the Secretary, in consultation ered officials determine would aid members paragraph (1) shall include information re-
with the Secretary of Labor, may require. of the Armed Forces as they transition to ci- garding the following:
(d) PRIORITY.—In making grants under this vilian life. (A) The percentage of each cohort that re-
section, the Secretary shall give priority to (b) REPORT.—Not later than 90 days after ceived unemployment benefits during the
an organization that— the completion of the independent assess- study under subsection (a).
(1) provides multiple forms of services de- ment under subsection (a), the Secretary and (B) The numbers of months members of
scribed in subsection (b); or the covered officials shall jointly submit to each cohort were employed during the study.
(2) is located in a State with— the appropriate committees of Congress— (C) Annual starting and ending salaries of
(A) a high rate of unemployment among (1) the findings and recommendations (in- members of each cohort who were employed
veterans; cluding recommended legislation) of the during the study.
(B) a high rate of usage of unemployment independent assessment prepared by the en- (D) How many members of each cohort en-
benefits for recently separated members of tity described in subsection (a); and rolled in an institution of higher learning, as
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the Armed Forces; or (2) responses of the Secretary and the cov- that term is defined in section 3452(f) of title
(C) a labor force or economy that has been ered officials to the findings and rec- 38, United States Code.
significantly impacted by a covered public ommendations described in paragraph (1). (E) The academic credit hours, degrees,
health emergency (as such term is defined in (c) DEFINITIONS.—In this section: and certificates obtained by members of each
section 131(n)). (1) APPROPRIATE COMMITTEES OF CON- cohort during the study.
(e) AMOUNT OF GRANT.—A grant under this GRESS.—The term ‘‘appropriate committees (F) The annual income of members of each
section shall be in an amount that does not of Congress’’ means— cohort.
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S7358 CONGRESSIONAL RECORD — SENATE December 9, 2020
(G) The total household income of mem- facilities of the Department to address and that occurs outside of regular business
bers of each cohort. remedy deficiencies, and to perform over- hours; and
(H) How many members of each cohort own sight of implementation of such standards of ‘‘(2) not less frequently than quarterly,
their principal residences. care. each medical facility of the Department con-
(I) How many dependents members of each ‘‘(4) To monitor and identify deficiencies in venes a focus group of women veterans that
cohort have. standards of care for the provision of health includes a discussion of harassment occur-
(J) The percentage of each cohort that care for women veterans provided through ring at such facility.
achieves a successful outcome for the Transi- the community pursuant to this title and to ‘‘(f) DEFINITIONS.—In this section:
tion Assistance Program, as determined provide recommendations to the appropriate ‘‘(1) The term ‘appropriate congressional
under section 136(a)(7). office to address and remedy any defi- committees’ has the meaning given that
(K) Other criteria the Secretaries and the ciencies. term in section 7310A(h) of this title.
Administrator of the Small Business Admin- ‘‘(5) To oversee distribution of resources ‘‘(2) The term ‘facility of the Department’
istration determine appropriate. and information related to health program- has the meaning given the term ‘facilities of
(d) APPROPRIATE COMMITTEES OF CONGRESS ming for women veterans under this title. the Department’ in section 1701(3) of this
DEFINED.—In this section, the term ‘‘appro- ‘‘(6) To promote the expansion and im- title.
priate committees of Congress’’ means— provement of clinical, research, and edu- ‘‘(3) The term ‘Veterans Equitable Re-
(1) the Committee on Veterans’ Affairs and cational activities of the Veterans Health source Allocation system’ means the re-
the Committee on Armed Services of the Administration with respect to the health source allocation system established pursu-
Senate; and care of women veterans. ant to section 429 of the Departments of Vet-
(2) the Committee on Veterans’ Affairs and ‘‘(7) To provide, as part of the annual budg- erans Affairs and Housing and Urban Devel-
the Committee on Armed Services of the eting process, recommendations with respect opment, and Independent Agencies Appro-
House of Representatives. to the amounts to be requested for fur- priations Act, 1997 (Public Law 104–204; 110
TITLE V—DEBORAH SAMPSON nishing hospital care and medical services to Stat. 2929).
SEC. 5001. SHORT TITLE.
women veterans pursuant to chapter 17 of ‘‘§ 7310A. Annual reports on women’s health
this title, including, at a minimum, rec- ‘‘(a) ANNUAL REPORTS.—Not later than De-
This title may be cited as the ‘‘Deborah
ommendations that ensure that such cember 1 of each year, the Chief Officer of
Sampson Act of 2020’’.
amounts either reflect or exceed the propor- Women’s Health shall submit to the appro-
Subtitle A—Improving Access for Women Vet- tion of veterans enrolled in the system of pa- priate congressional committees a report
erans to the Department of Veterans Af- tient enrollment of the Department estab- containing the matters under subsections (b)
fairs lished and operated under section 1705(a) of through (g).
SEC. 5101. OFFICE OF WOMEN’S HEALTH IN DE- this title who are women. ‘‘(b) OFFICE OF WOMEN’S HEALTH.—Each re-
PARTMENT OF VETERANS AFFAIRS. ‘‘(8) To provide recommendations to the port under subsection (a) shall include a de-
(a) CHIEF OFFICER OF WOMEN’S HEALTH.— Under Secretary for Health with respect to scription of—
Subsection (a) of section 7306 of title 38, modifying the Veterans Equitable Resource ‘‘(1) actions taken by the Office of Women’s
United States Code, is amended— Allocation system, or successor system, to Health established under section 7310 of this
(1) by redesignating paragraph (10) as para- ensure that resource allocations under such title in the preceding fiscal year to improve
graph (11); and system, or successor system, reflect the the provision of health care by the Depart-
(2) by inserting after paragraph (9) the fol- health care needs of women veterans. ment to women veterans;
lowing new paragraph (10): ‘‘(9) To carry out such other duties as the ‘‘(2) any identified deficiencies related to
‘‘(10) The Chief Officer of Women’s Under Secretary for Health may require. the provision of health care by the Depart-
Health.’’. ‘‘(c) RECOMMENDATIONS.—(1) If the Under ment to women veterans and the standards
(b) ORGANIZATION OF OFFICE AND ANNUAL Secretary for Health determines not to im- of care established in such section and the
REPORTS.— plement any recommendation made by the plan of the Department to address such defi-
(1) IN GENERAL.—Subchapter I of chapter 73 Chief Officer with respect to the allocation ciencies;
of title 38, United States Code, is amended by of resources to address the health care needs ‘‘(3) the funding and personnel provided to
adding at the end of the following new sec- of women veterans, the Secretary shall no- the Office and whether additional funding or
tions: tify the appropriate congressional commit- personnel are needed to meet the require-
‘‘§ 7310. Office of Women’s Health tees of such determination by not later than ments of such section; and
30 days after the date on which the Under ‘‘(4) other information that would be of in-
‘‘(a) ESTABLISHMENT.—(1) The Under Sec-
Secretary for Health receives the rec- terest to the appropriate congressional com-
retary for Health shall establish and operate
ommendation. mittees with respect to oversight of the pro-
in the Veterans Health Administration the
‘‘(2) Each notification under paragraph (1) vision of health care by the Department to
Office of Women’s Health (in this section re-
relating to a determination with respect to a women veterans.
ferred to as the ‘Office’).
recommendation shall include the following: ‘‘(c) ACCESS TO GENDER-SPECIFIC SERV-
‘‘(2) The Office shall be located at the Cen-
‘‘(A) The reasoning of the Under Secretary ICES.—(1) Each report under subsection (a)
tral Office of the Department of Veterans Af- shall include an analysis of the access of
fairs. for Health in making the determination.
‘‘(B) An alternative, if one is selected, to women veterans to gender-specific services
‘‘(3)(A) The head of the Office is the Chief under contracts, agreements, or other ar-
Officer of Women’s Health (in this section re- the recommendation that the Under Sec-
retary for Health will carry out to fulfill the rangements with non-Department medical
ferred to as the ‘Chief Officer’). providers entered into by the Secretary for
‘‘(B) The Chief Officer shall report to the health care needs of women veterans.
the provision of hospital care or medical
Under Secretary for Health. ‘‘(d) STANDARDS OF CARE.—For purposes of
services to veterans.
‘‘(4) The Under Secretary for Health shall carrying out the functions of the Office ‘‘(2) The analysis under paragraph (1) shall
provide the Office with such staff and other under this section, the standards of care for include data and performance measures for
support as may be necessary for the Office to the provision of health care for women vet- the availability of gender-specific services
carry out effectively the functions of the Of- erans from the Department shall include, at described in such paragraph, including—
fice under this section. a minimum, the following: ‘‘(A) the average wait time between the
‘‘(5) The Under Secretary for Health may ‘‘(1) A requirement for— preferred appointment date of the veteran
reorganize existing offices within the Vet- ‘‘(A) at least one designated women’s and the date on which the appointment is
erans Health Administration as of the date health primary care provider at each med- completed;
of the enactment of this section in order to ical center of the Department whose duties ‘‘(B) the average driving time required for
avoid duplication with the functions of the include, to the extent practicable, providing veterans to attend appointments; and
Office. training to other health care providers of the ‘‘(C) reasons why appointments could not
‘‘(b) FUNCTIONS.—The functions of the Of- Department with respect to the needs of be scheduled with non-Department medical
fice include the following: women veterans; and providers.
‘‘(1) To provide a central office for moni- ‘‘(B) at least one designated women’s ‘‘(d) MODELS OF CARE.—(1) Each report
toring and encouraging the activities of the health primary care provider at each com- under subsection (a) shall include an anal-
Veterans Health Administration with re- munity-based outpatient clinic of the De- ysis of the use by the Department of general
spect to the provision, evaluation, and im- partment who may serve women patients as primary care clinics, separate but shared
provement of health care services provided a percentage of the total duties of the pro- spaces, and women’s health centers as deliv-
to women veterans by the Department. vider. ery of care models for women veterans.
ctelli on DSK11ZRN23PROD with SENATE
‘‘(2) To develop and implement standards ‘‘(2) Other requirements as determined by ‘‘(2) The analysis under paragraph (1) shall
of care for the provision of health care for the Under Secretary for Health. include the following:
women veterans by the Department. ‘‘(e) OUTREACH.—The Chief Officer shall en- ‘‘(A) The number of facilities of the De-
‘‘(3) To monitor and identify deficiencies in sure that— partment that fall into each delivery of care
standards of care for the provision of health ‘‘(1) not less frequently than biannually, model described in such paragraph,
care for women veterans by the Department, each medical facility of the Department disaggregated by Veterans Integrated Serv-
to provide technical assistance to medical holds a public forum for women veterans ice Network and State.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7359
‘‘(B) A description of the criteria used by ‘‘(2) The term ‘gender-specific services’ licly available a report on the compliance of
the Department to determine which such means mammography, obstetric care, gyne- the medical center with the standards; and
model is most appropriate for each facility cological care, and such other services as the (5) a remediation plan.
of the Department. Secretary determines appropriate.’’. (b) REPORT.—Not later than 180 days after
‘‘(C) An assessment of how the Department (2) REFERENCES TO HEALTH CARE AND SERV- the date of the enactment of this Act, the
decides to make investments to modify fa- ICES.—The references to health care and the Secretary shall submit to the Committee on
cilities to a different model. references to services in sections 7310 and Veterans’ Affairs of the Senate and the Com-
‘‘(D) A description of what, if any, plans 7310A of title 38, United States Code, as mittee on Veterans’ Affairs of the House of
the Department has to modify facilities from added by paragraph (1), are references to the Representatives a report certifying in writ-
general primary care clinics to another health care and services included in the med- ing that the policy required by subsection (a)
model. ical benefits package provided by the De- has been finalized and disseminated to all
‘‘(E) An assessment of whether any facili- partment as in effect on the day before the medical centers of the Department.
ties could be modified to a separate but date of the enactment of this Act. SEC. 5104. PROVISION OF REINTEGRATION AND
shared space for a women’s health center (3) CLERICAL AMENDMENT.—The table of READJUSTMENT SERVICES TO VET-
within planned investments under the stra- ERANS AND FAMILY MEMBERS IN
sections for such chapter is amended by in- GROUP RETREAT SETTINGS.
tegic capital investment planning process of serting after the item relating to section
the Department. (a) IN GENERAL.—Section 1712A of title 38,
7309A the following new items: United States Code, is amended—
‘‘(F) An assessment of whether any facili-
‘‘7310. Office of Women’s Health. (1) in subsection (a)(1)(B)—
ties could be modified to a separate or shared
‘‘7310A. Annual reports on women’s health.’’. (A) in clause (ii), by redesignating sub-
space or a women’s health center with minor
(c) INITIAL REPORT.—The Chief Officer of clauses (I) and (II) as items (aa) and (bb);
modifications to existing plans under the
Women’s Health of the Department of Vet- (B) by redesignating clauses (i) and (ii) as
strategic capital investment planning proc-
erans Affairs shall submit the initial report subclauses (I) and (II);
ess of the Department.
under section 7310A of title 38, United States (C) in the matter preceding subclause (I),
‘‘(G) An assessment of whether the Depart-
Code, as added by subsection (b), by not later as redesignated by subparagraph (B), by
ment has a goal for how many facilities
than one year after the date of the enact- striking ‘‘Counseling’’ and inserting ‘‘(i)
should fall into each such model.
ment of this Act. Counseling’’; and
‘‘(e) STAFFING.—Each report under sub-
section (a) shall include an analysis of the SEC. 5102. WOMEN VETERANS RETROFIT INITIA- (D) by adding at the end the following new
TIVE. clause:
staffing of the Department relating to the
treatment of women, including the fol- (a) IN GENERAL.—The Secretary of Vet- ‘‘(ii)(I) Except as provided in subclauses
lowing, disaggregated by Veterans Inte- erans Affairs shall prioritize the retrofitting (IV) and (V), counseling furnished to an indi-
grated Service Network and State (except of existing medical facilities of the Depart- vidual under subparagraph (A) may include
with respect to paragraph (4)): ment of Veterans Affairs with fixtures, ma- reintegration and readjustment services de-
‘‘(1) The number of women’s health cen- terials, and other outfitting measures to sup- scribed in subclause (II) furnished in group
ters. port the provision of care to women veterans retreat settings.
‘‘(2) The number of patient aligned care at such facilities. ‘‘(II) Reintegration and readjustment serv-
teams of the Department relating to wom- (b) PLAN.— ices described in this subclause are the fol-
en’s health. (1) IN GENERAL.—Not later than one year lowing:
‘‘(3) The number of full- and part-time gyn- after the date of the enactment of this Act, ‘‘(aa) Information on reintegration of the
ecologists of the Department. the Secretary shall submit to Congress, the individual into family, employment, and
‘‘(4) The number of designated women’s Committee on Veterans’ Affairs of the Sen- community.
health care providers of the Department, ate, and the Committee on Veterans’ Affairs ‘‘(bb) Financial counseling.
disaggregated by facility of the Department. of the House of Representatives a plan to ad- ‘‘(cc) Occupational counseling.
‘‘(5) The number of health care providers of dress deficiencies in environment of care for ‘‘(dd) Information and counseling on stress
the Department who have completed a mini- women veterans at medical facilities of the reduction.
residency for women’s health care through Department. ‘‘(ee) Information and counseling on con-
the Women Veterans Health Care Mini-Resi- (2) ELEMENTS.—The plan required by para- flict resolution.
dency Program of the Department during the graph (1) shall include the following: ‘‘(ff) Such other information and coun-
one-year period preceding the submittal of (A) An explanation of the specific environ- seling as the Secretary considers appropriate
the report and the number of mini-residency ment of care deficiencies that need cor- to assist the individual in reintegration into
training slots for such program that are recting. family, employment, and community.
(B) An assessment of how the Secretary ‘‘(III) In furnishing reintegration and read-
available during the one-year period fol-
prioritizes retrofitting existing medical fa- justment services under subclause (I), the
lowing such date.
cilities to support provision of care to Secretary shall offer women the opportunity
‘‘(6) The number of designated women’s
women veterans in comparison to other re- to receive such services in group retreat set-
health care providers of the Department who tings in which the only participants are
have sufficient women patient loads or case quirements.
(C) A five-year strategic plan and cost pro- women.
complexities to retain their competencies ‘‘(IV) An individual described in subpara-
and proficiencies. jection for retrofitting medical facilities of
graph (C)(v) may receive reintegration and
‘‘(f) ACCESSIBILITY AND TREATMENT OP- the Department to support the provision of
readjustment services under subclause (I) of
TIONS.—Each report under subsection (a) care to women veterans as required under
this clause only if the individual receives
shall include an analysis of the accessibility subsection (a).
such services with a family member de-
and treatment options for women veterans, (c) AUTHORIZATION OF APPROPRIATIONS.— scribed in subclause (I) or (II) of such sub-
including the following: Subject to appropriations and the plan under paragraph.
‘‘(1) An assessment of wheelchair accessi- (b), there is authorized to be appropriated to ‘‘(V) In each of fiscal years 2021 through
bility of women’s health centers of the De- the Secretary $20,000,000 to carry out sub- 2025, the maximum number of individuals to
partment, including, with respect to each section (a) in addition to amounts otherwise whom integration and readjustment services
such center, an assessment of accessibility made available to the Secretary for the pur- may be furnished in group retreat settings
for each kind of treatment provided at the poses set forth in such subsection. under this subclause (I) shall not exceed 1,200
center, including with respect to radiology SEC. 5103. ESTABLISHMENT OF ENVIRONMENT individuals.’’.
and mammography, that addresses all rel- OF CARE STANDARDS AND INSPEC- (b) REQUEST FOR SERVICES.—Subsection
evant factors, including door sizes, hoists, TIONS AT DEPARTMENT OF VET- (a)(2) of such section is amended—
and equipment. ERANS AFFAIRS MEDICAL CENTERS.
(1) by striking ‘‘Upon’’ and inserting ‘‘(A)
‘‘(2) The options for women veterans to ac- (a) IN GENERAL.—The Secretary of Vet- Upon’’;
cess mental health providers and primary erans Affairs shall establish a policy under (2) by striking ‘‘paragraph (1)(B)’’ and in-
care providers who are women. which the environment of care standards and serting ‘‘paragraph (1)(B)(i)’’; and
‘‘(3) The options for women veterans at inspections at medical centers of the Depart- (3) by adding at the end the following new
medical facilities of the Department with re- ment of Veterans Affairs include— subparagraph:
spect to clothing sizes, including for gowns, (1) an alignment of the requirements for ‘‘(B) Upon the request of an individual de-
drawstring pants, and pajamas. such standards and inspections with the scribed in paragraph (1)(C), the Secretary
‘‘(g) DEFINITIONS.—In this section: women’s health handbook of the Veterans shall furnish the individual reintegration
‘‘(1) The term ‘appropriate congressional Health Administration; and readjustment services in group retreat
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committees’ means— (2) a requirement for the frequency of such settings under paragraph (1)(B)(ii) if the Sec-
‘‘(A) the Committee on Appropriations and inspections; retary determines the experience will be
the Committee on Veterans’ Affairs of the (3) delineation of the roles and responsibil- therapeutically appropriate.’’.
Senate; and ities of staff at each medical center who are SEC. 5105. PROVISION OF LEGAL SERVICES FOR
‘‘(B) the Committee on Appropriations and responsible for compliance; WOMEN VETERANS.
the Committee on Veterans’ Affairs of the (4) the requirement that each medical cen- (a) AGREEMENT REQUIRED.—The Secretary
House of Representatives. ter submit to the Secretary and make pub- of Veterans Affairs shall enter into one or
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S7360 CONGRESSIONAL RECORD — SENATE December 9, 2020
more agreements with public or private enti- supportive services specifically for women type of care that is most appropriate or fea-
ties to provide legal services to women vet- veterans, and in particular, on the services sible for such medical center.
erans. described in subparagraph (A). ‘‘(3) In the case that child care assistance
(b) FOCUS.—The focus of an agreement en- (E) The results of the surveys conducted under this section is provided as a stipend
tered into under subsection (a) shall be to under subsection (a). under paragraph (1)(A), such stipend shall
address the following unmet needs of women (F) A review of the resources and program- cover the full cost of such child care.’’.
veterans as set forth in the most recently ming offered to woman veterans under such (2) CONFORMING AMENDMENT.—Section
completed Community Homelessness Assess- section. 205(e) of the Caregivers and Veterans Omni-
ment, Local Education and Networking (G) An assessment of such other areas as bus Health Services Act of 2010 (Public Law
Groups for Veterans (CHALENG for Vet- the Comptroller General considers appro- 111–163; 38 U.S.C. 1710 note) is amended by
erans) survey: priate. striking ‘‘September 30, 2020’’ and inserting
(1) Child support. SEC. 5107.PROGRAMS ON ASSISTANCE FOR ‘‘the date of the enactment of the Deborah
(2) Prevention of eviction and foreclosure. CHILD CARE FOR CERTAIN VET- Sampson Act of 2020’’.
(3) Discharge upgrades. ERANS. (3) CLERICAL AMENDMENT.—The table of
(4) Financial guardianship. (a) ASSISTANCE FOR CHILD CARE FOR CER- sections at the beginning of chapter 17 of
(5) Credit counseling. TAIN VETERANS RECEIVING HEALTH CARE.— such title is amended by inserting after the
(6) Family reconciliation assistance. (1) IN GENERAL.—Subchapter I of chapter 17 item relating to section 1709B the following
SEC. 5106. COMPTROLLER GENERAL SURVEYS of title 38, United States Code, is amended by new item:
AND REPORT ON SUPPORTIVE SERV- adding at the end the following new section:
ICES PROVIDED FOR VERY LOW-IN- ‘‘1709C. Assistance for child care for certain
COME WOMEN VETERANS. ‘‘§ 1709C. Assistance for child care for certain veterans receiving health
(a) SURVEYS.— veterans receiving health care care,’’.
(1) SURVEY OF WOMEN VETERANS.—The ‘‘(a) PROGRAM REQUIRED.—The Secretary (b) PILOT PROGRAM ON ASSISTANCE FOR
Comptroller General of the United States shall carry out a program to provide, subject CHILD CARE FOR CERTAIN VETERANS RECEIV-
shall survey women veterans who have re- to subsection (b), assistance to qualified vet- ING READJUSTMENT COUNSELING AND RELATED
ceived or are receiving supportive services erans described in subsection (c) to obtain MENTAL HEALTH SERVICES.—
provided under section 2044 of title 38, United child care so that such veterans can receive (1) IN GENERAL.—The Secretary of Veterans
States Code, to determine satisfaction with health care services described in subsection Affairs shall carry out a pilot program to as-
the ability of such services to meet the spe- (c)(2). sess the feasibility and advisability of pro-
cific needs of such veterans. ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.— viding, subject to paragraph (2), assistance
(2) SURVEY OF ELIGIBLE ENTITIES.—The Assistance may be provided to a qualified to qualified veterans described in paragraph
Comptroller General shall survey eligible en- veteran under this section for receipt of (3) to obtain child care so that such veterans
tities receiving financial assistance under child care only during the period that the can receive readjustment counseling and re-
such section and other partners of the De- qualified veteran— lated mental health services.
partment of Veterans Affairs, including vet- ‘‘(1) receives the types of health care serv- (2) LIMITATION ON PERIOD OF PAYMENTS.—
erans service organizations and the National ices described in subsection (c)(2) at a facil- Assistance may be provided to a qualified
Coalition of Homeless Veterans, on the view ity of the Department; and veteran under the pilot program for receipt
of such entities and partners regarding— ‘‘(2) requires travel to and return from of child care only during the period that the
(A) whether the Department is meeting the such facility for the receipt of such health qualified veteran receives readjustment
needs of women veterans through the provi- care services. counseling and related health care services
sion of supportive services under such sec- ‘‘(c) QUALIFIED VETERANS.—For purposes of at a Vet Center.
tion; and this section, a qualified veteran is a veteran (3) QUALIFIED VETERANS.—For purposes of
(B) any additional supportive services that who— this subsection, a qualified veteran is a vet-
may be required to meet such needs. ‘‘(1) is the primary caretaker of a child or eran who—
(b) REPORT.— children; and (A) is the primary caretaker of a child or
(1) IN GENERAL.—Not later than 18 months ‘‘(2)(A) receives from the Department— children; and
after the date of the enactment of this Act, ‘‘(i) regular mental health care services; (B)(i) receives from the Department reg-
the Comptroller General of the United States ‘‘(ii) intensive mental health care services; ular readjustment counseling and related
shall submit to the Committee on Veterans’ or mental health services; or
Affairs of the Senate and the Committee on ‘‘(iii) such other intensive health care serv- (ii) is in need of regular readjustment
Veterans’ Affairs of the House of Representa- ices that the Secretary determines that pro- counseling and related mental health serv-
tives a report on the efforts of the Depart- vision of assistance to the veteran to obtain ices from the Department, and but for lack
ment of Veterans Affairs to provide sup- child care would improve access to such of child care services, would receive such
portive services to women veterans under health care services by the veteran; or counseling and services from the Depart-
section 2044 of title 38, United States. ‘‘(B) is in need of regular or intensive men- ment.
(2) ELEMENTS.—The report required by tal health care services from the Depart- (4) LOCATIONS.—The Secretary shall carry
paragraph (1) shall include the following: ment, and but for lack of child care services, out the pilot program in not fewer than
(A) A review of how the Department deter- would receive such health care services from three Readjustment Counseling Service Re-
mines which categories of supportive serv- the Department. gions selected by the Secretary for purposes
ices would be beneficial to women veterans ‘‘(d) LOCATIONS.—Not later than five years of the pilot program.
who receive services under such section. after the date of the enactment of the Debo- (5) FORMS OF CHILD CARE ASSISTANCE.—
(B) A description of the challenges women rah Sampson Act of 2020, the Secretary shall (A) IN GENERAL.—Child care assistance
veterans who have children face in accessing carry out the program at each medical cen- under the pilot program may include the fol-
supportive services under such section, in- ter of the Department. lowing:
cluding with respect to accessing— ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) (i) Stipends for the payment of child care
(i) homeless shelters with their children; Child care assistance under this section may offered by a licensed child care center (either
(ii) homeless shelters that have restric- include the following: directly or through a voucher program) that
tions on male children; and ‘‘(A) Stipends for the payment of child care shall be, to the extent practicable, modeled
(iii) affordable child care. offered by a licensed child care center (either after the Department of Veterans Affairs
(C) A description of how the Department directly or through a voucher program) that Child Care Subsidy Program established pur-
identifies eligible entities under such section shall be, to the extent practicable, modeled suant to section 630 of the Treasury and Gen-
that can provide supportive services to meet after the Department of Veterans Affairs eral Government Appropriations Act, 2002
the needs of women veterans, including eligi- Child Care Subsidy Program established pur- (Public Law 107–67; 115 Stat. 552).
ble entities with experience in— suant to section 630 of the Treasury and Gen- (ii) Payments to private child care agen-
(i) intimate partner violence; eral Government Appropriations Act, 2002 cies.
(ii) legal matters pertaining especially to (Public Law 107–67; 115 Stat. 552). (iii) Collaboration with facilities or pro-
women veterans, including temporary re- ‘‘(B) Direct provision of child care at an grams of other Federal agencies.
straining orders and child care orders; on-site facility of the Department. (iv) Such other forms of assistance as the
(iii) supportive services for children; and ‘‘(C) Payments to private child care agen- Secretary considers appropriate.
(iv) the evaluation of which categories of cies. (B) LOCAL AREA.—In providing child care
services would be beneficial to women vet- ‘‘(D) Collaboration with facilities or pro- assistance under the pilot program, the child
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erans who receive such services under such grams of other Federal agencies. care needs of the local area shall be consid-
section. ‘‘(E) Such other forms of assistance as the ered and the head of each Vet Center may se-
(D) A description of how much the Depart- Secretary considers appropriate. lect the type of care that is most appropriate
ment spends, from funds appropriated to ‘‘(2) In providing child care assistance or feasible for such Vet Center.
carry out such section and funds provided under this section, the child care needs of (C) USE OF STIPEND.—In the case that child
under the Coronavirus Aid, Relief, and Eco- the local area shall be considered and the care assistance under the pilot program is
nomic Security Act (Public Law 116–136), on head of each medical center may select the provided as a stipend under subparagraph
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7361
(A)(i), such stipend shall cover the full cost erans for assistance with accessing health Affairs $1,000,000 for each fiscal years 2021
of such child care. care and benefits furnished under the laws through 2025 to provide opportunities for
(6) DURATION.—The pilot program shall be administered by the Secretary. participation in the Women Veterans Health
carried out during the two-year period begin- SEC. 5110. STUDY ON INFERTILITY SERVICES Care Mini-Residency Program of the Depart-
ning on the date of the commencement of FURNISHED AT DEPARTMENT OF ment of Veterans Affairs for primary care
the pilot program. VETERANS AFFAIRS. and emergency care clinicians.
(7) REPORT.— (a) STUDY REQUIRED.—The Secretary of (b) TREATMENT OF AMOUNTS.—The amounts
(A) IN GENERAL.—Not later than 180 days Veterans Affairs shall conduct a study on authorized to be appropriated under sub-
after the completion of the pilot program, the infertility services offerings at the De- section (a) shall be in addition to amounts
the Secretary shall submit to Congress a re- partment of Veterans Affairs. otherwise made available to the Secretary
port on the pilot program. (b) ELEMENTS.—The study conducted under for the purposes set forth in such subsection.
(B) ELEMENTS.—The report required by subsection (a) shall include the following: SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN
subparagraph (A) shall include the findings (1) An assessment of the following: TRAINING MODULE FOR NON-DE-
and conclusions of the Secretary regarding (A) The availability of infertility services PARTMENT OF VETERANS AFFAIRS
the pilot program, and shall include such at facilities of the Department and through HEALTH CARE PROVIDERS.
recommendations for the continuation or ex- laws administered by the Secretary for the (a) IN GENERAL.—Not later than one year
pansion of the pilot program as the Sec- provision of non-Department care. after the date of the enactment of this Act,
retary considers appropriate. (B) The demand for such services from eli- the Secretary of Veterans Affairs shall es-
(8) VET CENTER DEFINED.—In this sub- gible individuals. tablish and make available to community
section, the term ‘‘Vet Center’’ has the (2) Identification of potential challenges in providers a training module that is specific
meaning given that term in section 1712A(h) accessing infertility services for eligible in- to women veterans.
of title 38, United States Code. dividuals. (b) TRAINING MATERIALS PROVIDED.—Under
SEC. 5108. AVAILABILITY OF PROSTHETICS FOR (3) An analysis of Department resources for the training module established and made
WOMEN VETERANS FROM DEPART- the furnishing of infertility services, includ- available to community providers under sub-
MENT OF VETERANS AFFAIRS. ing analysis of Department workforce and section (a), the Secretary shall provide to
(a) ACCESS AT EACH MEDICAL FACILITY.— non-Department providers. community providers the same training ma-
Section 1714(a) of title 38, United States (4) Development of recommendations for terials relating to treatment of women vet-
Code, is amended— the improvement of infertility services erans that is provided to health care pro-
(1) by striking ‘‘(a) Any veteran’’ and in- under laws administered by the Secretary to viders of the Department of Veterans Affairs
serting ‘‘(a)(1) Any veteran’’; and improve eligible individuals’ access, delivery to ensure that all health care providers
(2) by adding at the end the following new of services, and health outcomes. treating women veterans have access to the
paragraph: (c) REPORT.—Not later than one year after same materials to support competency
‘‘(2) In furnishing prosthetic appliances the date of the enactment of this Act, the throughout the community.
under paragraph (1), the Secretary shall en- Secretary shall submit to the Committee on (c) ADMINISTRATION OF TRAINING MODULE.—
sure women veterans are able to access clini- Veterans’ Affairs of the Senate and the Com- The Secretary shall administer the training
cally appropriate prosthetic appliances mittee on Veterans’ Affairs of the House of module established under subsection (a) to
through each medical facility of the Depart- Representatives a report on the study con- community providers through an internet
ment.’’. ducted under subsection (a). website of the Department.
(b) REPORT.— (d) ELIGIBLE INDIVIDUAL DEFINED.—In this (d) ANNUAL REPORT.—Not later than one
(1) IN GENERAL.—Not later than one year section, the term ‘‘eligible individual’’ year after the establishment of the training
after the date of the enactment of this Act, means an individual who is a veteran who is module under subsection (a), and annually
the Secretary of Veterans Affairs shall sub- eligible for and enrolled in the health care thereafter, the Secretary shall submit to
mit to the Committee on Veterans’ Affairs of system of the Department under section Congress a report on—
the Senate and the Committee on Veterans’ 1705(a) of title 38, United States Code. (1) the utilization by community providers
Affairs of the House of Representatives a re- SEC. 5111. SENSE OF CONGRESS ON ACCESS TO of the training module; and
port on the availability from the Depart- FACILITIES OF DEPARTMENT OF (2) the effectiveness of the training mod-
ment of Veterans Affairs of prosthetics made VETERANS AFFAIRS BY RESERVISTS ule.
for women veterans, including an assessment FOR COUNSELING AND TREATMENT (e) DEFINITIONS.—In this section:
of the availability of such prosthetics at RELATING TO MILITARY SEXUAL (1) COMMUNITY PROVIDER.—The term ‘‘com-
medical facilities of the Department. TRAUMA. munity provider’’ means a non-Department
(2) ELEMENTS.—The report required by (a) IN GENERAL.—It is the sense of Congress of Veterans Affairs health care provider who
paragraph (1) shall include— that members of the reserve components of provides preauthorized health care to vet-
(A) a list of all devices classified by the De- the Armed Forces, including members of the erans under the laws administered by the
partment as prosthetic devices, including a National Guard, should be able to access all Secretary of Veterans Affairs.
breakdown of whether a device is considered health care facilities of the Department of (2) PREAUTHORIZED HEALTH CARE.—The
gender-neutral or gender-specific; Veterans Affairs, not just Vet Centers, to re- term ‘‘preauthorized health care’’ means
(B) for gender-neutral devices, a break- ceive counseling and treatment relating to health care provided to a veteran that is au-
down of sizing; military sexual trauma. thorized by the Secretary before being pro-
(C) the average time it takes for a woman (b) DEFINITIONS.—In this section: vided.
veteran to receive a prosthetic device after (1) MILITARY SEXUAL TRAUMA.—The term SEC. 5204. STUDY ON STAFFING OF WOMEN VET-
it is prescribed, disaggregated by Veterans ‘‘military sexual trauma’’ has the meaning ERAN PROGRAM MANAGER PRO-
Integrated Service Network and medical cen- given such term in section 1164(c) of title 38, GRAM AT MEDICAL CENTERS OF DE-
ter of the Department; United States Code, as added by section PARTMENT OF VETERANS AFFAIRS
(D) the total number of women veterans 5501(a) of this title. AND TRAINING OF STAFF.
utilizing the Department for prosthetic serv- (2) VET CENTER.—The term ‘‘Vet Center’’ (a) STUDY.—The Secretary of Veterans Af-
ices, disaggregated by facility of the Depart- has the meaning given that term in section fairs shall conduct a study on the use of the
ment; 1712A(h) of such title. Women Veteran Program Manager program
(E) an assessment of efforts by the Depart- Subtitle B—Increasing Staff Cultural of the Department of Veterans Affairs to de-
ment on research, development, and employ- Competency termine—
ment of additive manufacture technology (1) if the program is appropriately staffed
SEC. 5201. STAFFING OF WOMEN’S HEALTH PRI-
(commonly referred to as 3D printing) to pro- MARY CARE PROVIDERS AT MED-
at each medical center of the Department;
vide prosthetic items for women veterans; ICAL FACILITIES OF DEPARTMENT (2) whether each medical center of the De-
(F) the results of a survey with a rep- OF VETERANS AFFAIRS. partment is staffed with a Women Veteran
resentative sample of not fewer than 50,000 The Secretary of Veterans Affairs shall en- Program Manager; and
veterans (of which women shall be overrepre- sure that each medical facility of the De- (3) whether it would be feasible and advis-
sented) in an amputee care program on satis- partment of Veterans Affairs has not fewer able to have a Women Veteran Program Om-
faction with prosthetics furnished or pro- than one full-time or part-time women’s budsman at each medical center of the De-
cured by the Department that replace ap- health primary care provider whose duties partment.
pendages or their function; and include, to the extent possible, providing (b) REPORT.—Not later than 270 days after
(G) such other information as the Sec- training to other health care providers of the the date of the enactment of this Act, the
retary considers appropriate. Department on the needs of women veterans. Secretary shall submit to the Committee on
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SEC. 5109. REQUIREMENT TO IMPROVE DEPART- SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY Veterans’ Affairs of the Senate and the Com-
MENT OF VETERANS AFFAIRS CARE AND EMERGENCY CARE CLINI- mittee on Veterans’ Affairs of the House of
WOMEN VETERANS CALL CENTER. CIANS IN WOMEN VETERANS Representatives a report on the study con-
The Secretary of Veterans Affairs shall en- HEALTH CARE MINI-RESIDENCY ducted under subsection (a).
hance the capabilities of the women veterans PROGRAM. (c) TRAINING.—The Secretary shall ensure
call center of the Department of Veterans (a) IN GENERAL.—There is authorized to be that all Women Veteran Program Managers
Affairs to respond to requests by women vet- appropriated to the Secretary of Veterans and Women Veteran Program Ombudsmen
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S7362 CONGRESSIONAL RECORD — SENATE December 9, 2020
receive the proper training to carry out their (A) shall be non-volunteer, paid positions; ‘‘§ 533. Anti-harassment and anti-sexual as-
duties. and sault policy
SEC. 5205. STUDY ON WOMEN VETERAN COORDI- (B) may be part-time positions.
NATOR PROGRAM. ‘‘(a) ESTABLISHMENT.—(1) The Secretary,
(a) STUDY AND REPORT REQUIRED.—Not Subtitle C—Eliminating Harassment and acting through the Office of Assault and Pre-
later than 180 days after the date of the en- Assault vention of the Veterans Health Administra-
actment of this Act, the Secretary of Vet- SEC. 5301. EXPANSION OF COVERAGE BY DEPART- tion, shall establish a comprehensive policy
erans Affairs shall— MENT OF VETERANS AFFAIRS OF to end harassment and sexual assault, in-
(1) complete a study on the Women Vet- COUNSELING AND TREATMENT FOR
cluding sexual harassment and gender-based
eran Coordinator program of the Veterans SEXUAL TRAUMA.
harassment, throughout the Department.
Benefits Administration of the Department (a) EXPANSION OF ELIGIBILITY FOR COUN-
of Veterans Affairs; and SELING AND TREATMENT.—Section 1720D of ‘‘(2) The policy required by paragraph (1)
(2) submit to the Committee on Veterans’ title 38, United States Code, is amended— shall include the following:
Affairs of the Senate and the Committee on (1) in subsection (a)— ‘‘(A) A process for employees and contrac-
Veterans’ Affairs of the House of Representa- (A) in paragraph (1), by striking ‘‘active tors of the Department to respond to re-
tives a report on the findings of the Sec- duty, active duty for training, or inactive ported incidents of harassment and sexual
retary with respect to the study completed duty training’’ and inserting ‘‘duty, regard- assault committed by any non-Department
under paragraph (1). less of duty status or line of duty determina- individual within a facility of the Depart-
(b) ELEMENTS.—The study required by sub- tion (as that term is used in section 12323 of ment, including with respect to account-
section (a)(1) shall identify the following: title 10)’’; and ability or disciplinary measures.
(1) If the program described in such sub- (B) in paragraph (2)(A), by striking ‘‘active ‘‘(B) A process for employees and contrac-
section is appropriately staffed at each re- duty, active duty for training, or inactive tors of the Department to respond to re-
gional benefits office of the Department. duty training’’ and inserting ‘‘duty, regard- ported incidents of harassment and sexual
(2) Whether each regional benefits office of less of duty status or line of duty determina- assault of any non-Department individual
the Department is staffed with a Women tion (as that term is used in section 12323 of within a facility of the Department.
Veteran Coordinator. title 10)’’; ‘‘(C) A process for any non-Department in-
(3) The position description of the Women (2) by striking ‘‘veteran’’ each place it ap- dividual to report harassment and sexual as-
Veteran Coordinator. pears and inserting ‘‘former member of the sault described in subparagraph (A), includ-
(4) Whether an individual serving in the Armed Forces’’; ing an option for confidential reporting, and
Women Veteran Coordinator position con- (3) by striking ‘‘veterans’’ each place it ap- for the Secretary to respond to and address
currently serves in any other position, and if pears and inserting ‘‘former members of the such reports.
so, the allocation of time the individual Armed Forces’’; and ‘‘(D) Clear mechanisms for non-Depart-
spends in each such position. (4) by adding at the end the following new ment individuals to readily identify to whom
(5) A description of the metrics the Sec- subsection: and how to report incidents of harassment
retary uses to determine the job performance ‘‘(g) In this section, the term ‘former mem- and sexual assault committed by another
and effectiveness of the Women Veteran Co- ber of the Armed Forces’ includes the fol- non-Department individual.
ordinator. lowing: ‘‘(E) Clear mechanisms for employees and
SEC. 5206. STAFFING IMPROVEMENT PLAN FOR contractors of the Department to readily
‘‘(1) A veteran.
PEER SPECIALISTS OF DEPARTMENT
‘‘(2) An individual described in section identify to whom and how to report inci-
OF VETERANS AFFAIRS WHO ARE
WOMEN. 1720I(b) of this title.’’. dents of harassment and sexual assault and
(a) ASSESSMENT OF CAPACITY.— (b) INCLUSION OF TREATMENT FOR PHYSICAL how to refer non-Department individuals
(1) IN GENERAL.—Not later than 90 days HEALTH CONDITIONS.—Such section is further with respect to reporting an incident of har-
after the date of the enactment of this Act, amended— assment or sexual assault.
the Secretary of Veterans Affairs, in con- (1) in subsection (a)— ‘‘(F) A process for, and mandatory report-
sultation with the Inspector General of the (A) in paragraph (1)— ing requirement applicable to, any employee
Department of Veterans Affairs, shall com- (i) by inserting ‘‘, to include care for phys- or contractor of the Department who wit-
mence an assessment of the capacity of peer ical health conditions, as appropriate,’’ after nesses harassment or sexual assault de-
specialists of the Department of Veterans Af- ‘‘counseling and appropriate care and serv- scribed in subparagraph (A) or (B) within a
fairs who are women. ices’’; facility of the Department, regardless of
(2) ELEMENTS.—The assessment required by (ii) by striking ‘‘overcome psychological whether the individual affected by such har-
paragraph (1) shall include an assessment of trauma’’ and inserting ‘‘treat a condition’’; assment or sexual assault wants to report
the following: and such harassment or sexual assault.
(A) The geographical distribution of peer (iii) by striking ‘‘mental health profes- ‘‘(G) The actions possible, including dis-
specialists of the Department who are sional’’ and inserting ‘‘health care profes- ciplinary actions, for employees or contrac-
women. sional’’; and tors of the Department who fail to report in-
(B) The geographical distribution of (B) in paragraph (2)(A), by striking ‘‘over- cidents of harassment and sexual assault de-
women veterans. come psychological trauma’’ and inserting scribed in subparagraph (A) or (B) that the
(C) The number and proportion of women ‘‘treat a condition’’; and employees or contractors witness.
peer specialists who specialize in peer coun- (2) in subsection (d)— ‘‘(H) On an annual or more frequent basis,
seling on mental health or suicide preven- (A) in paragraph (1), by inserting ‘‘and mandatory training for employees and con-
tion. other health care professionals’’ after ‘‘men- tractors of the Department regarding how to
(D) The number and proportion of women tal health professionals’’; and report and address harassment and sexual as-
peer specialists who specialize in peer coun- (B) in paragraph (2)(A), by inserting ‘‘and sault described in subparagraphs (A) and (B),
seling on non-mental health related matters. other health care professionals’’ after ‘‘men- including bystander intervention training.
(b) REPORT.—Not later than one year after tal health professionals’’. ‘‘(I) On an annual or more frequent basis,
the assessment required by subsection (a) the distribution of the policy under this sub-
SEC. 5302. ASSESSMENT OF EFFECTS OF INTI-
has commenced, the Secretary shall submit MATE PARTNER VIOLENCE ON
section and anti-harassment and anti-sexual
to the Committee on Veterans’ Affairs of the WOMEN VETERANS BY ADVISORY assault educational materials by mail or
Senate and the Committee on Veterans’ Af- COMMITTEE ON WOMEN VETERANS. email to each individual receiving a benefit
fairs of the House of Representatives a re- under a law administered by the Secretary.
Section 542(c)(1) of title 38, United States
port detailing the findings of the assessment. ‘‘(J) The prominent display of anti-harass-
Code, is amended—
(c) STAFFING IMPROVEMENT PLAN.— ment and anti-sexual assault messages in
(1) in subparagraph (B), by striking ‘‘and’’
(1) IN GENERAL.—Not later than 180 days each facility of the Department, including
at the end;
after submitting the report under subsection how non-Department individuals may report
(2) by redesignating subparagraph (C) as
(b), the Secretary, in consultation with the harassment and sexual assault described in
subparagraph (D); and
Inspector General, shall submit to the Com- subparagraphs (A) and (B) at such facility
(3) by inserting after subparagraph (B) the
mittee on Veterans’ Affairs of the Senate and the points of contact under subsection
following new subparagraph (C):
and the Committee on Veterans’ Affairs of (b).
‘‘(C) an assessment of the effects of inti-
the House of Representatives a plan, based ‘‘(K) The posting on internet websites of
mate partner violence on women veterans;
on the results of the assessment required by the Department, including the main internet
and’’.
ctelli on DSK11ZRN23PROD with SENATE
subsection (a), to hire additional qualified website regarding benefits of the Department
peer specialists who are women, with special SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL and the main internet website regarding
consideration for areas that lack peer spe- ASSAULT POLICY OF DEPARTMENT health care of the Department, of anti-har-
cialists who are women. OF VETERANS AFFAIRS. assment and anti-sexual assault banners spe-
(2) ELEMENTS.—The peer specialist posi- (a) IN GENERAL.—Subchapter II of chapter 5 cifically addressing harassment and sexual
tions included in the plan required by para- of title 38, United States Code, is amended by assault described in subparagraphs (A) and
graph (1)— adding at the end the following new section: (B).
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7363
‘‘(b) POINTS OF CONTACT.—The Secretary ‘‘(A) Results of harassment and sexual as- (B) coordinating with local service pro-
shall designate, as a point of contact to re- sault programming, including the End Har- viders of the Department; and
ceive reports of harassment and sexual as- assment program. (C) connecting former members of the
sault described in subparagraphs (A) and (B) ‘‘(B) Results of studies from the Women’s Armed Forces with appropriate housing,
of subsection (a)(2)— Health Practice-Based Research Network of mental health, medical, and other financial
‘‘(1) at least one individual, in addition to the Department relating to harassment and assistance or benefits from the Department.
law enforcement, at each facility of the De- sexual assault. (2) Assistance to service providers to en-
partment (including Vet Centers under sec- ‘‘(C) Data collected on incidents of sexual sure access of veterans to intimate partner
tion 1712A of this title), with regard to that harassment and sexual assault. violence and sexual assault emergency serv-
facility; ‘‘(D) A description of any actions taken by ices, particularly in underserved areas, in-
‘‘(2) at least one individual employed in the Secretary during the year preceding the cluding services for Native American vet-
each Veterans Integrated Service Network, date of the report to stop harassment and erans (as defined in section 3765 of title 38,
with regard to facilities in that Veterans In- sexual assault at facilities of the Depart- United States Code).
tegrated Service Network; ment. (3) Such other outreach and assistance as
‘‘(3) at least one individual employed in ‘‘(E) An assessment of the implementation the Secretary determines necessary for the
each regional benefits office; of the training required in subsection provision of assistance under subsection (a).
‘‘(4) at least one individual employed at (a)(2)(H). (e) INTIMATE PARTNER VIOLENCE AND SEX-
each location of the National Cemetery Ad- ‘‘(F) A list of resources the Secretary de- UAL ASSAULT OUTREACH COORDINATORS.—
ministration; and termines necessary to prevent harassment (1) IN GENERAL.—In order to effectively as-
‘‘(5) at least one individual employed at and sexual assault at facilities of the Depart- sist veterans who have experienced intimate
the Central Office of the Department to ment. partner violence or sexual assault, the Sec-
track reports of such harassment and sexual ‘‘(g) DEFINITIONS.—In this section: retary may establish local coordinators to
assault across the Department, ‘‘(1) The term ‘non-Department individual’ provide outreach under the pilot program re-
disaggregated by facility. means any individual present at a facility of quired by subsection (a).
‘‘(c) ACCOUNTABILITY.—(1) The Secretary the Department who is not an employee or (2) LOCAL COORDINATOR KNOWLEDGE.—The
shall establish a policy to ensure that each contractor of the Department. Secretary shall ensure that each coordinator
facility of the Department and each director ‘‘(2) The term ‘sexual harassment’ means established under paragraph (1) is knowl-
of a Veterans Integrated Service Network is unsolicited verbal or physical contact of a edgeable about—
responsible for addressing harassment and sexual nature which is threatening in char- (A) the dynamics of intimate partner vio-
sexual assault at the facility and the Net- acter.’’. lence and sexual assault, including safety
work. (b) CLERICAL AMENDMENT.—The table of concerns, legal protections, and the need for
‘‘(2) The policy required by paragraph (1) sections at the beginning of such chapter is the provision of confidential services;
shall include— amended by adding after the item relating to (B) the eligibility of veterans for services
‘‘(A) a remediation plan for facilities that section 532 the following new item: and benefits from the Department that are
experience five or more incidents of sexual relevant to recovery from intimate partner
‘‘533. Anti-harassment and anti-sexual as-
harassment, sexual assault, or combination violence and sexual assault, particularly
sault policy.’’.
thereof, during any single fiscal year; and emergency housing assistance, mental
(c) DEFINITION OF SEXUAL HARASSMENT.—
‘‘(B) taking appropriate actions under health care, other health care, and disability
Section 1720D(f) of such title is amended by
chapter 7 or subchapter V of chapter 74 of benefits; and
striking ‘‘repeated,’’.
this title. (d) DEADLINE.—The Secretary shall com- (C) local community resources addressing
‘‘(d) DATA.—The Secretary shall ensure mence carrying out section 533 of such title, intimate partner violence and sexual assault.
that the in-take process for veterans at med- as added by subsection (a), not later than 180 (3) LOCAL COORDINATOR ASSISTANCE.—Each
ical facilities of the Department includes a days after the date of enactment of this Act. coordinator established under paragraph (1)
survey to collect the following information: SEC. 5304. PILOT PROGRAM ON ASSISTING VET-
shall assist intimate partner violence shel-
‘‘(1) Whether the veteran feels safe at the ERANS WHO EXPERIENCE INTIMATE ters and rape crisis centers in providing serv-
facility and whether any events occurred at PARTNER VIOLENCE OR SEXUAL AS- ices to veterans.
the facility that affect such feeling. SAULT. (f) REPORT.—
‘‘(2) Whether the veteran wants to be con- (a) PILOT PROGRAM REQUIRED.—The Sec- (1) IN GENERAL.—Not later than 180 days
tacted later by the Department with respect retary of Veterans Affairs shall carry out a after the completion of the pilot program
to such safety issues. pilot program to assess the feasibility and under subsection (a), the Secretary shall sub-
‘‘(e) WORKING GROUP.—(1) The Secretary advisability of assisting former members of mit to Congress a report on the pilot pro-
shall establish a working group to assist the the Armed Forces who have experienced or gram.
Secretary in implementing policies to carry are experiencing intimate partner violence (2) CONTENTS.—The report required by
out this section. or sexual assault in accessing benefits from paragraph (1) shall include the following:
‘‘(2) The working group established under the Department of Veterans Affairs, includ- (A) The findings and conclusions of the
paragraph (1) shall consist of representatives ing coordinating access to medical treat- Secretary with respect to the pilot program.
from— ment centers, housing assistance, and other (B) Such recommendations for continuing
‘‘(A) veterans service organizations; benefits from the Department. or expanding the pilot program as the Sec-
‘‘(B) State, local, and Tribal veterans agen- (b) DURATION.—The Secretary shall carry retary considers appropriate.
cies; and out the pilot program under subsection (a) (g) DEFINITIONS.—In this section:
‘‘(C) other persons the Secretary deter- during the two-year period beginning on the (1) INTIMATE PARTNER.—
mines appropriate. date of the commencement of the pilot pro- (A) IN GENERAL.—The term ‘‘intimate part-
‘‘(3) The working group established under gram. ner’’ means a person with whom one has a
paragraph (1) shall develop, and the Sec- (c) COLLABORATION.—The Secretary shall close personal relationship that may be char-
retary shall carry out— carry out the pilot program under subsection acterized by the partners’ emotional con-
‘‘(A) an action plan for addressing changes (a) in collaboration with— nectedness, regular contact, ongoing phys-
at the local level to reduce instances of har- (1) intimate partner violence shelters and ical contact and sexual behavior, identity as
assment and sexual assault; programs; a couple, and familiarity and knowledge
‘‘(B) standardized media for veterans serv- (2) rape crisis centers; about each other’s lives.
ice organizations and other persons to use in (3) State intimate partner violence and (B) CLOSE PERSONAL RELATIONSHIPS.—In
print and on the internet with respect to re- sexual assault coalitions; and this paragraph, the term ‘‘close personal re-
ducing harassment and sexual assault; and (4) such other health care or other service lationships’’ includes the following:
‘‘(C) bystander intervention training for providers that serve intimate partner vio- (i) A relationship between married spouses.
veterans. lence or sexual assault victims as deter- (ii) A relationship between common-law
‘‘(4) The working group established under mined by the Secretary, particularly those spouses.
paragraph (1) shall not be subject to the re- providing emergency services or housing as- (iii) A relationship between civil union
quirements of the Federal Advisory Com- sistance. spouses.
mittee Act (5 U.S.C. App.). (d) AUTHORIZED ACTIVITIES.—In carrying (iv) A relationship between domestic part-
‘‘(f) ANNUAL REPORTS.—(1) The Secretary out the pilot program under subsection (a), ners.
shall submit to the Committee on Veterans’ the Secretary may conduct the following ac- (v) A relationship between dating partners.
Affairs of the Senate and the Committee on tivities: (vi) A relationship between ongoing sexual
ctelli on DSK11ZRN23PROD with SENATE
Veterans’ Affairs of the House of Representa- (1) Training for community-based intimate partners.
tives an annual report on harassment and partner violence or sexual assault service (2) INTIMATE PARTNER VIOLENCE.—The term
sexual assault described in subparagraphs providers on— ‘‘intimate partner violence’’ includes phys-
(A) and (B) of subsection (a)(2) in facilities of (A) identifying former members of the ical violence, sexual violence, stalking, and
the Department. Armed Forces who have been victims of, or psychological aggression, including coercive
‘‘(2) Each report submitted under para- are currently experiencing, intimate partner tactics by a current or former intimate part-
graph (1) shall include the following: violence or sexual assault; ner.
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S7364 CONGRESSIONAL RECORD — SENATE December 9, 2020
SEC. 5305. STUDY AND TASK FORCE ON VET- sive national program to be carried out by SEC. 5402. STUDY ON BARRIERS FOR WOMEN VET-
ERANS EXPERIENCING INTIMATE the Secretary of Veterans Affairs, in collabo- ERANS TO RECEIPT OF HEALTH
PARTNER VIOLENCE OR SEXUAL AS- CARE FROM DEPARTMENT OF VET-
ration with the heads of relevant Federal
SAULT. ERANS AFFAIRS.
agencies, to address intimate partner vio-
(a) NATIONAL BASELINE STUDY.— (a) STUDY REQUIRED.—The Secretary of
lence and sexual assault prevention, re-
(1) IN GENERAL.—Not later than one year Veterans Affairs shall conduct a comprehen-
sponse, and treatment.
after the date of the enactment of this Act, sive study of the barriers to the provision of
(2) To review the feasibility and advis-
the Secretary of Veterans Affairs, in con- health care by the Department of Veterans
ability of establishing an expedited process
sultation with the Attorney General, shall Affairs encountered by women who are vet-
to secure emergency, temporary benefits, in-
conduct a national baseline study to exam- erans.
cluding housing or other benefits, for vet- (b) SURVEY.—In conducting the study re-
ine the scope of the problem of intimate
erans who are experiencing intimate partner quired by subsection (a), the Secretary
partner violence and sexual assault among
violence or sexual assault. shall—
veterans and spouses and intimate partners
(3) To review and make recommendations (1) survey women veterans who seek or re-
of veterans.
regarding the feasibility and advisability of ceive hospital care or medical services pro-
(2) MATTERS INCLUDED.—The study under
establishing dedicated, temporary housing vided by the Department as well as women
paragraph (1) shall—
assistance for veterans experiencing inti- veterans who do not seek or receive such
(A) include a literature review of all rel-
mate partner violence or sexual assault. care or services;
evant research on intimate partner violence
(4) To identify any requirements regarding (2) administer the survey to a representa-
and sexual assault among veterans and
intimate partner violence assistance or sex- tive sample of women veterans from each
spouses and intimate partners of veterans;
ual assault response and services that are Veterans Integrated Service Network; and
(B) examine the prevalence of the experi-
not being met by the Department and make (3) ensure that the sample of women vet-
ence of intimate partner violence among—
recommendations on how the Department erans surveyed is of sufficient size for the
(i) women veterans;
can meet such requirements. study results to be statistically significant
(ii) veterans who are minority group mem-
(5) To review and make recommendations and is a larger sample than that of the study
bers (as defined in section 544 of title 38,
regarding the feasibility and advisability of specified in subsection (c)(1).
United States Code, and including other mi-
providing direct services or contracting for (c) USE OF PREVIOUS STUDIES.—In con-
nority populations as the Secretary deter-
community-based services for veterans in re- ducting the study required by subsection (a),
mines appropriate);
sponse to a sexual assault, including through the Secretary shall build on the work of the
(iii) urban and rural veterans;
the use of sexual assault nurse examiners, studies of the Department titled—
(iv) veterans who are enrolled in a program
particularly in underserved or remote areas, (1) ‘‘National Survey of Women Veterans in
under section 1720G of title 38, United States
including services for Native American vet- Fiscal Year 2007–2008’’; and
Code;
erans. (2) ‘‘Study of Barriers for Women Veterans
(v) veterans who are in intimate relation-
(6) To review the availability of counseling to VA Health Care 2015’’.
ships with other veterans; and
services provided by the Department and (d) ELEMENTS OF STUDY.—In conducting
(vi) veterans who are described in more
through peer network support, and to pro- the study required by subsection (a), the Sec-
than one clause of this subparagraph;
vide recommendations for the enhancement retary shall conduct research on the effects
(C) examine the prevalence of the perpetra-
of such services, to address— of the following on the women veterans sur-
tion of intimate partner violence by vet-
(A) the perpetration of intimate partner vi- veyed in the study:
erans; and
olence and sexual assault; and (1) The barriers associated with seeking
(D) include recommendations to address
(B) the recovery of veterans, particularly mental health care services, including with
the findings of the study.
women veterans, from intimate partner vio- respect to provider availability, telehealth
(3) REPORT.—Not later than 30 days after
lence and sexual assault. access, and family, work, and school obliga-
the date on which the Secretary completes
(7) To review and make recommendations tions.
the study under paragraph (1), the Secretary
to expand services available for veterans at (2) The effect of driving distance or avail-
shall submit to the Committee on Veterans’
risk of perpetrating intimate partner vio- ability of other forms of transportation to
Affairs of the Senate and the Committee on
lence. the nearest medical facility on access to
Veterans’ Affairs of the House of Representa- (e) REPORT.—Not later than one year after
tives a report on such study. care.
the date of the enactment of this Act, and (3) The effect of access to care from non-
(b) TASK FORCE.— not less frequently than annually thereafter
(1) IN GENERAL.—Not later than 90 days Department providers.
by October 1 of each year, the Task Force (4) The availability of child care.
after the date on which the Secretary com- shall submit to the Secretary of Veterans Af-
pletes the study under subsection (a), the (5) The satisfaction of such veterans with
fairs and Congress a report on the activities the provision by the Department of inte-
Secretary, in consultation with the Attorney of the Task Force, including any rec-
General and the Secretary of Health and grated primary care, women’s health clinics,
ommendations for legislative or administra- or both, including perceptions of quality of
Human Services, shall establish a national tive action.
task force (in this section referred to as the care, safety, and comfort.
(f) NONAPPLICABILITY OF FACA.—The Task
‘‘Task Force’’) to develop a comprehensive Force shall not be subject to the require- (6) The understanding and perceived acces-
national program, including by integrating ments of the Federal Advisory Committee sibility among such veterans of eligibility
facilities, services, and benefits of the De- Act (5 U.S.C. App.). requirements for, and the scope of services
partment of Veterans Affairs into existing (g) DEFINITIONS.—In this section: available under, hospital care and medical
networks of community-based intimate part- (1) NATIVE AMERICAN VETERAN.—The term services.
ner violence and sexual assault services, to ‘‘Native American veteran’’ has the meaning (7) The perception of such veterans of per-
address intimate partner violence and sexual given that term in section 3765 of title 38, sonal safety and comfort in inpatient, out-
assault among veterans. United States Code. patient, and behavioral health facilities.
(2) LEADERSHIP.—The Secretary of Vet- (2) STATE.—The term ‘‘State’’ has the (8) The gender sensitivity of health care
erans Affairs shall lead the Task Force in meaning given that term in section 101 of providers and staff to issues that particu-
collaboration with the Attorney General and title 38, United States Code. larly affect women.
the Secretary of Health and Human Services. Subtitle D—Data Collection and Reporting (9) The effectiveness of outreach for health
(c) CONSULTATION WITH STAKEHOLDERS.—In care services available to women veterans.
SEC. 5401. REQUIREMENT FOR COLLECTION AND
carrying out this section, the Task Force (10) The location and operating hours of
ANALYSIS OF DATA ON DEPART-
shall consult with— MENT OF VETERANS AFFAIRS BENE- health care facilities that provide services to
(1) representatives from veteran service or- FITS AND SERVICES AND women veterans.
ganizations and military service organiza- DISAGGREGATION OF SUCH DATA BY (11) The perception of such veterans of the
tions; GENDER, RACE, AND ETHNICITY. motto of the Department.
(2) representatives from not fewer than The Secretary of Veterans Affairs shall— (12) Such other significant barriers as the
three national organizations or State coali- (1) collect and analyze data on each pro- Secretary considers appropriate.
tions with demonstrated expertise in inti- gram of the Department of Veterans Affairs (e) DISCHARGE BY CONTRACT.—The Sec-
mate partner violence prevention, response, that provides a service or benefit to a vet- retary shall enter into a contract with a
or advocacy; and eran, including the program carried out qualified independent entity or organization
(3) representatives from not fewer than under section 1144 of title 10, United States to carry out the study and research required
three national organizations or State coali- Code; under this section.
tions, particularly those representing under- (2) disaggregate such data by gender, race, (f) MANDATORY REVIEW OF DATA BY CERTAIN
ctelli on DSK11ZRN23PROD with SENATE
served and ethnic minority communities, and ethnicity, when the data lends itself to DEPARTMENT DIVISIONS.—
with demonstrated expertise in sexual as- such disaggregation; and (1) REVIEW.—
sault prevention, response, or advocacy. (3) publish the data collected and analyzed (A) IN GENERAL.—The Secretary shall en-
(d) DUTIES.—The duties of the Task Force under paragraph (1), except for such cases in sure that the head of each division of the De-
shall include the following: which the Secretary determines that some partment of Veterans Affairs specified in
(1) To review existing services and policies portions of the data would undermine the an- paragraph (2) reviews the results of the study
of the Department and develop a comprehen- onymity of a veteran. conducted under this section.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7365
(B) SUBMITTAL OF FINDINGS.—The head of tions in which veterans have used such pro- identify and track the consistency of deci-
each division specified in paragraph (2) shall gram; and sions across regional offices of the Depart-
submit findings with respect to the study (C) a determination on the feasibility and ment of Veterans Affairs.
under this section to the Under Secretary of advisability of expanding the Parenting (2) ELEMENTS.—Each report under para-
the Department with responsibilities relat- STAIR program to all medical facilities of graph (1) shall include the following:
ing to health care services for women vet- the Department offering care for military (A) The number of covered claims sub-
erans. sexual trauma. mitted to or considered by the Secretary
(2) SPECIFIED DIVISIONS.—The divisions of (d) DEFINITIONS.—In this section: during the fiscal year covered by the report.
the Department of Veterans Affairs specified (1) AFFECTED MEMBERS AND FORMER MEM- (B) Of the covered claims listed under sub-
in this paragraph are the following: BERS OF THE ARMED FORCES.—The term ‘‘af- paragraph (A), the number and percentage of
(A) The Office of the Under Secretary for fected members and former members of the such claims—
Health. Armed Forces’’ means members and former (i) submitted by each sex;
(B) The Office of Women’s Health estab- members of the Armed Forces who are par- (ii) that were approved, including the num-
lished under section 7310 of title 38, United ents and have experienced military sexual ber and percentage of such approved claims
States Code. trauma. submitted by each sex;
(C) The Center for Women Veterans under (2) MILITARY SEXUAL TRAUMA.—The term
(iii) that were denied, including the num-
section 318 of such title. ‘‘military sexual trauma’’ has the meaning
ber and percentage of such denied claims
(D) The Advisory Committee on Women given such term in section 1164(c) of title 38,
submitted by each sex; and
Veterans established under section 542 of United States Code, as added by section
(iv) that were developed and reviewed by a
such title. 5501(a) of this title.
(g) REPORT.— specialized team established under section
(3) PARENTING STAIR PROGRAM.—The term
(1) IN GENERAL.—Not later than 30 months ‘‘Parenting STAIR program’’ means the pro- 1164(a) of title 38, United States Code, as
after the date of the enactment of this Act, gram of the Department of Veterans Affairs added by subsection (a).
the Secretary shall submit to Congress a re- that consists of a five-session, parenting-spe- (C) Of the covered claims listed under sub-
port on the study required under this sec- cific treatment protocol based on skills paragraph (A) that were approved, the num-
tion. training in affective and interpersonal regu- ber and percentage, disaggregated by sex, of
(2) ELEMENTS.—The report under paragraph lation (commonly referred to as ‘‘STAIR’’), claims assigned to each rating percentage.
(1) shall include— which is a cognitive behavioral therapy that (D) Of the covered claims listed under sub-
(A) the findings of the head of each divi- has been identified as a promising practice paragraph (A) that were denied—
sion of the Department specified under sub- for treating post-traumatic stress disorder, (i) the three most common reasons given
section (f)(2); and including chronic and complicated forms, by the Secretary under section 5104(b)(1) of
(B) recommendations for such administra- among individuals with co-occurring dis- title 38, United States Code, for such denials;
tive and legislative action as the Secretary orders. and
considers appropriate. Subtitle E—Benefits Matters (ii) the number of denials that were based
SEC. 5403. STUDY ON FEASIBILITY AND ADVIS- on the failure of a veteran to report for a
SEC. 5501. EVALUATION OF SERVICE-CONNEC-
ABILITY OF OFFERING PARENTING TION OF MENTAL HEALTH CONDI- medical examination.
STAIR PROGRAM AT ALL MEDICAL TIONS RELATING TO MILITARY SEX- (E) The number of covered claims that, as
CENTERS OF DEPARTMENT OF VET- UAL TRAUMA. of the end of the fiscal year covered by the
ERANS AFFAIRS.
(a) SPECIALIZED TEAMS TO EVALUATE report, are pending and, separately, the num-
(a) IN GENERAL.—The Secretary of Vet-
CLAIMS INVOLVING MILITARY SEXUAL TRAU- ber of such claims on appeal.
erans Affairs shall conduct a study on the
MA.— (F) For the fiscal year covered by the re-
feasibility and advisability of expanding the
(1) IN GENERAL.—subchapter VI of chapter port, the average number of days that cov-
Parenting STAIR program to all medical
11 of such title is amended by adding at the ered claims take to complete, beginning on
centers of the Department of Veterans Af-
end the following new section: the date on which the claim is submitted.
fairs and including such program as part of
care for military sexual trauma for affected ‘‘§ 1164. Specialized teams to evaluate claims (G) A description of the training that the
members and former members of the Armed involving military sexual trauma Secretary provides to employees of the Vet-
Forces. ‘‘(a) IN GENERAL.—The Secretary shall es- erans Benefits Administration, or such con-
(b) ELEMENTS.—In conducting the study tablish specialized teams to process claims tractors or other individuals as the Sec-
under subsection (a), the Secretary shall as- for compensation for a covered mental retary considers appropriate, specifically
sess— health condition based on military sexual with respect to covered claims, including the
(1) staffing needed to offer the Parenting trauma experienced by a veteran during ac- frequency, length, and content of such train-
STAIR program at all medical centers of the tive military, naval, or air service. ing.
Department; ‘‘(b) TRAINING.—The Secretary shall ensure (H) Whether all covered claims are subject
(2) any additional infrastructure or re- that members of teams established under to second level review until the individual
sources (such as child care during the pro- subsection (a) are trained to identify mark- rater of the Veterans Benefits Administra-
gram) needed for the expansion of the pro- ers indicating military sexual trauma. tion adjudicating such covered claims
gram; and ‘‘(c) DEFINITIONS.—In this section: achieves an accuracy rate of 90 percent on
(3) such other factors relevant to the ex- ‘‘(1) The term ‘covered mental health con- decisions of such covered claims.
pansion of the program as the Secretary con- dition’ means post-traumatic stress disorder, (3) DEFINITIONS.—In this subsection:
siders appropriate. anxiety, depression, or other mental health (A) COVERED CLAIMS.—The term ‘‘covered
(c) REPORTS TO CONGRESS.— diagnosis described in the current version of claims’’ means claims for disability com-
(1) INTERIM REPORT.—Not later than one the Diagnostic and Statistical Manual of pensation submitted to the Secretary based
year after the date of the enactment of this Mental Disorders published by the American on a covered mental health condition alleged
Act, the Secretary shall submit to the Com- Psychiatric Association that the Secretary to have been incurred or aggravated by mili-
mittee on Veterans’ Affairs of the Senate determines to be related to military sexual tary sexual trauma.
and the Committee on Veterans’ Affairs of trauma. (B) COVERED MENTAL HEALTH CONDITION.—
the House of Representatives a report detail- ‘‘(2) The term ‘military sexual trauma’ The term ‘‘covered mental health condition’’
ing— means, with respect to a veteran, a physical has the meaning given such term in section
(A) the current number and locations of all assault of a sexual nature, battery of a sex- 1164(c) of title 38, United States Code.
facilities of the Department offering the Par- ual nature, or sexual harassment during ac- (C) MILITARY SEXUAL TRAUMA.—The term
enting STAIR program; and tive military, naval, or air service.’’. ‘‘military sexual trauma’’ has the meaning
(B) the number of veterans served by such (2) CLERICAL AMENDMENT.—The table of given such term in such section.
program in the most recent fiscal year or sections at the beginning of such chapter is
calendar year for which data is available. amended by adding at the end the following SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF
(2) FINAL REPORT.—Not later than three new item: VETERANS AFFAIRS MEDICAL EXAM-
INER FOR ASSESSMENT OF CLAIMS
years after the date of the enactment of this ‘‘1164. Specialized teams to evaluate claims FOR COMPENSATION RELATING TO
Act, the Secretary shall submit to the Com- involving military sexual trau- DISABILITY RESULTING FROM PHYS-
mittee on Veterans’ Affairs of the Senate ma.’’. ICAL ASSAULT OF A SEXUAL NA-
and the Committee on Veterans’ Affairs of (b) ANNUAL REPORTS ON CLAIMS FOR DIS- TURE, BATTERY OF A SEXUAL NA-
the House of Representatives a report detail- ABILITIES INCURRED OR AGGRAVATED BY MILI- TURE, OR SEXUAL HARASSMENT.
ctelli on DSK11ZRN23PROD with SENATE
ing— TARY SEXUAL TRAUMA.—
(a) IN GENERAL.—Subchapter VI of chapter
(A) the results of the study conducted (1) REPORTS REQUIRED.—Not later than
under subsection (a); March 1, 2021, and not less frequently than 11 of title 38, United States Code, as amended
(B) an update on how many veterans have once each year thereafter through 2027, the by section 5501 of this title, is further
used the Parenting STAIR program since its Secretary of Veterans Affairs shall submit to amended by inserting after section 1164, as
development in fiscal year 2017, Congress a report on covered claims sub- added by section 5501, the following new sec-
disaggregated by year, including the loca- mitted during the previous fiscal year to tion:
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S7366 CONGRESSIONAL RECORD — SENATE December 9, 2020
‘‘§ 1165. Choice of sex of medical examiner for (2) SUBMISSION OF PLAN.—Not later than (b) SUBMISSION TO CONGRESS.—
certain disabilities one year after the date of the enactment of (1) IN GENERAL.—Not later than 240 days
‘‘(a) IN GENERAL.—The Secretary shall en- this Act and not less frequently than once after the date of the enactment of this Act,
sure that a veteran who requires a medical every two years thereafter until the date the Under Secretary shall submit to Con-
examination from a covered medical pro- that is six years after the date of the enact- gress a report on the evaluation and identi-
vider in support of a claim for compensation ment of this Act, the Secretary shall submit fication under subsection (a).
under this chapter for a mental or physical the plan most recently developed or updated (2) CONTENTS.—The report required by
health condition that resulted from a phys- under paragraph (1) to— paragraph (1) shall include the following:
ical assault of a sexual nature, battery of a (A) the Comptroller General of the United (A) The findings of the Under Secretary
sexual nature, or sexual harassment may States; and with respect to the evaluation conducted
designate the sex of the medical provider (B) the Committee on Veterans’ Affairs under subsection (a)(1).
who provides such medical examination. and the Special Committee on Aging of the (B) The actions identified under subsection
‘‘(b) COVERED MEDICAL PROVIDERS.—For Senate and the Committee on Veterans’ Af- (a)(2).
purposes of this section, a covered medical fairs of the House of Representatives. (C) A plan for implementing any adminis-
provider is any medical provider who is em- SEC. 6003. OVERPAYMENTS OF PENSION TO VET- trative actions identified under subsection
ployed by the Department or is under any ERANS RECEIVING PENSION FROM (a)(2).
contract with the Department to provide a THE DEPARTMENT OF VETERANS (D) A rationale for not implementing any
medical examination or a medical opinion AFFAIRS. actions evaluated under paragraph (1) of sub-
when such an examination or opinion is nec- (a) GUIDANCE AND TRAINING FOR CLAIMS section (a) but not identified under para-
essary to make a decision on a claim. PROCESSORS.—As the Secretary of Veterans graph (2) of such subsection.
‘‘(c) NOTICE.—Before providing any medical Affairs considers necessary, but not less fre- SEC. 6005. ANNUAL REPORT ON EFFORTS OF DE-
examination for a veteran in support for a quently than once every three years until PARTMENT OF VETERANS AFFAIRS
claim described in subsection (a), the Sec- the date that is 10 years after the date of the TO ADDRESS THE FINANCIAL EX-
retary shall notify the veteran of the vet- enactment of this Act, the Under Secretary PLOITATION OF VETERANS RECEIV-
eran’s rights under subsection (a).’’. for Benefits of the Department of Veterans ING PENSION.
(b) CLERICAL AMENDMENT.—The table of Affairs shall update guidance and training (a) IN GENERAL.—Not later than one year
sections at the beginning of chapter 11 of curriculum for the processors of claims for after the date of the enactment of this Act
such title, as amended by section 5501 of this pension under chapter 15 of title 38, United and not less frequently than once each year
title, is further amended by inserting after States Code, regarding the evaluation of thereafter until the date that is four years
the item relating to section 1164 the fol- questionable medical expenses on applica- after the date of the enactment of this Act,
lowing new item: tions for pension, including by updating such the Secretary of Veterans Affairs shall sub-
‘‘1165. Choice of sex of medical examiner for guidance with respect to what constitutes a mit to the Committee on Veterans’ Affairs of
certain disabilities.’’. questionable medical expense and by includ- the Senate and the Committee on Veterans’
SEC. 5503. SECRETARY OF VETERANS AFFAIRS ing examples of such expenses. Affairs of the House of Representatives a re-
REPORT ON IMPLEMENTING REC- (b) IDENTIFICATION AND TRACKING.—The port on efforts to address the financial ex-
OMMENDATIONS OF INSPECTOR
Under Secretary shall develop a method for ploitation of individuals receiving pension
GENERAL OF DEPARTMENT OF VET-
ERANS AFFAIRS IN CERTAIN RE- identifying and tracking the number of indi- under chapter 15 of title 38, United States
PORT ON DENIED POSTTRAUMATIC viduals who have received overpayments of Code.
STRESS DISORDER CLAIMS RELATED pension under chapter 15 of title 38, United (b) CONTENTS.—Each report required by
TO MILITARY SEXUAL TRAUMA. States Code. subsection (a) shall include, for the period
Not later than 90 days after the date of the (c) ANNUAL REPORT.—Not later than one covered by the report, the following:
enactment of this Act, the Secretary of Vet- year after the date of the enactment of this (1) The number of individuals who received
erans Affairs shall submit to the Committee Act and not later than October 31 of each fis- pension under chapter 15 of title 38, United
on Veterans’ Affairs of the Senate and the cal year beginning thereafter until the date States Code, who have been referred by any
Committee on Veterans’ Affairs of the House that is four years after the date of the enact- component of the Department of Veterans
a report on the progress of the Secretary in ment of this Act, the Under Secretary shall Affairs to the Office of Inspector General of
implementing the recommendations from submit to Congress a report that includes, the Department as likely or proven victims
the report of the Inspector General of the for the period covered by the report, the fol- of financial exploitation.
Department of Veterans Affairs entitled lowing: (2) The number of referrals and reports re-
‘‘Denied Posttraumatic Stress Disorder (1) The number of individuals who received lating to the financial exploitation of such
Claims Related to Military Sexual Trauma’’ overpayments of pension under chapter 15 of individuals made by the Department of Vet-
(17–05248–241). title 38, United States Code. erans Affairs to—
TITLE VI—REPRESENTATION AND (2) The five most common reasons for over- (A) the Consumer Sentinel Network of the
FINANCIAL EXPLOITATION MATTERS payments described in paragraph (1). Federal Trade Commission; and
SEC. 6001. SHORT TITLE. (3) The number of veterans who had to (B) the Department of Justice.
This title may be cited as the ‘‘Financial repay overpayments described in paragraph (3) A description of the actions taken as a
Refuge for Every Elderly Veteran Act of (1). result of such referrals and reports against—
2020’’ or the ‘‘FREE Veteran Act of 2020’’. (4) The number of veterans for whom the (A) individuals recognized by the Secretary
SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EX- Secretary waived a requirement to repay an as agents or attorneys under section 5904 of
PLOITATION OF VETERANS RECEIV- overpayment described in paragraph (1). title 38, United States Code; and
ING PENSION FROM THE DEPART- (5) The total dollar amount of overpay- (B) individuals not so recognized.
MENT OF VETERANS AFFAIRS. ments described in paragraph (1). SEC. 6006. NOTICE REGARDING FEES CHARGED
(a) DEVELOPMENT OF METHOD FOR SOLICITA- (6) The total dollar amount of repayments IN CONNECTION WITH FILING AN
TION AND COLLECTION OF INFORMATION.—Not of veterans for overpayments described in APPLICATION FOR VETERANS PEN-
later than one year after the date of the en- paragraph (1). SION.
actment of this Act, the Secretary of Vet- (7) The average dollar amount of repay- The Under Secretary for Benefits of the
erans Affairs shall develop a method for sys- ments described in paragraph (6). Department of Veterans Affairs shall ensure
tematically soliciting and collecting infor- SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS that every paper or electronic document re-
mation on complaints received, referrals FOR VERIFYING DIRECT DEPOSIT IN- lating to the receipt of pension under chap-
made, and actions taken by the pension man- FORMATION PROVIDED BY VET- ter 15 of title 38, United States Code, that is
agement centers of the Department of Vet- ERANS ON APPLICATIONS FOR VET- available to individuals who apply for such
erans Affairs and any other relevant compo- ERANS PENSION. pension, including educational forms about
nents of the Department, in cases of poten- (a) IN GENERAL.—The Under Secretary for or applications for such pension, includes a
tial financial exploitation of individuals re- Benefits of the Department of Veterans Af- notice that the Department does not charge
ceiving pension under chapter 15 of title 38, fairs shall— any fee in connection with the filing of an
United States Code. (1) conduct an evaluation of the feasibility application for such pension.
(b) PLAN TO ASSESS AND ADDRESS FINAN- and advisability of requiring the processors SEC. 6007. OUTREACH PLAN FOR EDUCATING
CIAL EXPLOITATION OF VETERANS.— of claims for pension under chapter 15 of VULNERABLE VETERANS ABOUT PO-
(1) IN GENERAL.—The Secretary shall de- title 38, United States Code, to take addi- TENTIAL FINANCIAL EXPLOITATION
velop and periodically update a plan— tional actions to verify that the direct de- RELATING TO THE RECEIPT OF PEN-
(A) to regularly assess the information so- posit information provided by an individual SION.
ctelli on DSK11ZRN23PROD with SENATE
licited and collected under subsection (a) to on an application for pension is for the ap- (a) DEVELOPMENT OF PLAN.—The Under
identify trends of potential financial exploi- propriate recipient; and Secretary for Benefits of the Department of
tation of the individuals described in sub- (2) identify such legislative or administra- Veterans Affairs shall develop, in collabora-
section (a) across the Department; and tive actions as the Under Secretary con- tion with veterans service organizations, an
(B) to outline actions that the Department siders appropriate to ensure that payments outreach plan for educating vulnerable indi-
can take to improve education and training of pension are provided to the correct recipi- viduals about potential financial exploi-
to address those trends. ents. tation relating to the receipt of pension
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7367
under chapter 15 of title 38, United States uals nominated as specified under this sub- posals for changes to Department regula-
Code. section. tions, policies, and procedures.
(b) SUBMISSION TO CONGRESS.—Not later ‘‘(2) In selecting members under paragraph ‘‘(5) To identify priorities and provide ad-
than 180 days after the date of the enactment (1), the Secretary shall ensure that— vice on appropriate strategies for tribal con-
of this Act, the Under Secretary shall submit ‘‘(A) at least one member of each of the 12 sultation and urban Indian organizations
to the Committee on Veterans’ Affairs and service areas of the Indian Health Service is conferring on issues at the tribal, regional,
the Special Committee on Aging of the Sen- represented in the membership of the Com- or national levels.
ate and the Committee on Veterans’ Affairs mittee nominated by Indian tribes or tribal ‘‘(6) To ensure that pertinent issues are
of the House of Representatives the plan de- organizations; brought to the attention of Indian tribes,
veloped under subsection (a). ‘‘(B) at least one member of the Committee tribal organizations, urban Indian organiza-
(c) VETERANS SERVICE ORGANIZATION DE- represents the Native Hawaiian veteran com- tions, and Native Hawaiian organizations in
FINED.—In this section, the term ‘‘veterans munity nominated by a Native Hawaiian Or- a timely manner, so that feedback can be ob-
service organization’’ means an organization ganization; tained.
recognized by the Secretary of Veterans Af- ‘‘(C) at least one member of the Committee ‘‘(7) To encourage the Secretary to work
fairs for the representation of veterans under represents urban Indian organizations nomi- with other Federal agencies and Congress so
section 5902 of title 38, United States Code. nated by a national urban Indian organiza- that Native American veterans are not de-
TITLE VII—OTHER MATTERS tion; and nied the full benefit of their status as both
Subtitle A—Administrative and Other ‘‘(D) not fewer than half of the members Native Americans and veterans.
Matters are veterans, unless the Secretary deter- ‘‘(8) To highlight contributions of Native
mines that an insufficient number of quali- American veterans in the Armed Forces.
SEC. 7001. MEDICAL EXAMINATION PROTOCOL
fied veterans were nominated under para- ‘‘(9) To make recommendations on the con-
FOR VOLUNTEER DRIVERS PARTICI-
PATING IN PROGRAM OF TRANSPOR- graph (1). sultation policy of the Department on tribal
TATION SERVICES FOR VETERANS. ‘‘(3) No member of the Committee may be matters.
Section 111A(b) of title 38, United States an employee of the Federal Government. ‘‘(10) To support a process to develop an
Code, is amended— ‘‘(c) TERMS; VACANCIES.—(1) A member of urban Indian organization confer policy to
(1) by inserting ‘‘(1)’’ before ‘‘The Sec- the Committee shall be appointed for a term ensure the Secretary confers, to the max-
retary’’; and of two years. imum extent practicable, with urban Indian
‘‘(2) The Secretary shall fill a vacancy in organizations.
(2) by adding at the end the following new
the Committee in the same manner as the ‘‘(11) To conduct other duties as rec-
paragraph:
original appointment within 180 days. ommended by the Committee.
‘‘(2)(A) Not later than 90 days after the
‘‘(d) MEETINGS.—(1)(A) Except as provided ‘‘(g) REPORTS.—(1) Not less frequently than
date of the enactment of the Johnny Isakson
in subparagraph (B), the Committee shall once each year, the Committee shall submit
and David P. Roe, M.D. Veterans Health Care
meet in-person with the Secretary, or the to the Secretary and the appropriate com-
and Benefits Improvement Act of 2020, the
Secretary’s designee, not less frequently mittees of Congress such recommendations
Secretary shall develop and establish a na-
than twice each year and hold monthly con- as the Committee may have for legislative or
tional protocol for the administration of
ference calls as necessary. administrative action for the upcoming year.
medical examinations for volunteer drivers
‘‘(B) During a public health emergency (as ‘‘(2) Not later than 90 days after the date
to participate in the program described in
defined in section 20003 of the Coronavirus on which the Secretary receives a rec-
paragraph (1).
Aid, Relief, and Economic Security Act ommendation under paragraph (1), the Sec-
‘‘(B) In developing the protocol required by
(Public Law 116–136)), meetings under sub- retary shall submit to the appropriate com-
subparagraph (A), the Secretary shall con-
paragraph (A) may be conducted virtually. mittees of Congress a written response to the
sult with such persons as the Secretary de- ‘‘(2)(A) Representatives of relevant Federal
termines have an interest in the program de- recommendation.
agencies may attend meetings of the Com-
scribed in paragraph (1). ‘‘(3) Not less frequently than once every
mittee and provide information to the Com-
‘‘(C)(i) The Secretary shall implement the two years, the Committee shall submit to
mittee.
protocol by first conducting a one-year pilot the Secretary and the appropriate commit-
‘‘(B) One representative of the Office of
program using the protocol. tees of Congress a report describing the ac-
Tribal Government Relations of the Depart-
‘‘(ii) After conducting the pilot program tivities of the Committee during the pre-
ment shall attend at each meeting of the
required by clause (i), the Secretary shall as- vious two years.
Committee.
sess the pilot program and make such ‘‘(C) Representatives attending meetings ‘‘(4) The Secretary shall make publicly
changes to the protocol as the Secretary under this paragraph shall not be considered available on an Internet website of the De-
considers appropriate. voting members of the Committee. partment—
‘‘(iii) After making changes to the protocol ‘‘(D) A representative attending a meeting ‘‘(A) each recommendation the Secretary
under clause (ii), the Secretary shall imple- or providing information under this para- receives under paragraph (1);
ment the protocol in phases during the graph may not receive additional compensa- ‘‘(B) each response the Secretary submits
course of one year.’’. tion for services performed with respect to under paragraph (2); and
SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS the Committee. ‘‘(C) each report the Secretary receives
ADVISORY COMMITTEE ON TRIBAL under paragraph (3).
‘‘(e) SUBCOMMITTEES.—(1) The Committee
AND INDIAN AFFAIRS. ‘‘(h) COMMITTEE PERSONNEL MATTERS.—A
may establish subcommittees.
(a) ESTABLISHMENT OF ADVISORY COM- ‘‘(2) The Secretary may, in consultation member of the Committee shall be allowed
MITTEE.— travel expenses, including per diem in lieu of
with the Committee, appoint a member to a
(1) IN GENERAL.—Subchapter III of chapter subcommittee established under paragraph subsistence, at rates authorized for an em-
5 of title 38, United States Code, is amended (1) who is not a member of the Committee. ployee of an agency under subchapter I of
by adding at the end the following new sec- ‘‘(3) Such subcommittees may enhance the chapter 57 of title 5 while away from the
tion: function of the Committee, but may not su- home or regular place of business of the
‘‘§ 547. Advisory Committee on Tribal and In- persede the authority of the Committee or member in the performance of the duties of
dian Affairs provide direct advice or work products to the the Committee.
‘‘(a) ESTABLISHMENT.—(1) The Secretary Department. ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT EX-
shall establish an advisory committee to ‘‘(f) DUTIES.—The duties of the Committee EMPTION.—Section 14 of the Federal Advisory
provide advice and guidance to the Secretary are as follows: Committee Act (5 U.S.C. App.) shall not
on matters relating to Indian tribes, tribal ‘‘(1) To advise the Secretary on ways the apply to the Committee.
organizations, and Native American vet- Department can improve the programs and ‘‘(j) DEFINITIONS.—In this section:
erans. services of the Department to better serve ‘‘(1) The term ‘appropriate committees of
‘‘(2) The advisory committee established Native American veterans. Congress’ means—
under paragraph (1) shall be known as the ‘‘(2) To identify for the Department evolv- ‘‘(A) the Committee on Veterans’ Affairs
‘Advisory Committee on Tribal and Indian ing issues of relevance to Indian tribes, trib- and the Committee on Indian Affairs of the
Affairs’ (in this section referred to as the al organizations, and Native American vet- Senate; and
‘Committee’). erans relating to programs and services of ‘‘(B) the Committee on Veterans’ Affairs
‘‘(3) The Committee shall facilitate, but the Department. and the Committee on Natural Resources of
not supplant, government-to-government ‘‘(3) To propose clarifications, rec- the House of Representatives.
consultation between the Department and ommendations, and solutions to address ‘‘(2) The term ‘Indian tribe’ has the mean-
ctelli on DSK11ZRN23PROD with SENATE
Indian tribes or tribal organizations. issues raised at tribal, regional, and national ing given such term in section 4 of the Indian
‘‘(4) The Secretary shall consult with In- levels, especially regarding any tribal con- Self-Determination and Education Assist-
dian tribes or tribal organizations in devel- sultation reports. ance Act (25 U.S.C. 5304).
oping a charter for the Committee. ‘‘(4) To provide a forum for Indian tribes, ‘‘(3) The term ‘Native Hawaiian organiza-
‘‘(b) MEMBERSHIP.—(1) The Committee tribal organizations, urban Indian organiza- tion’ means any organization that—
shall be comprised of 15 voting members se- tions, Native Hawaiian organizations, and ‘‘(A) serves the interests of Native Hawai-
lected by the Secretary from among individ- the Department to discuss issues and pro- ians;
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S7368 CONGRESSIONAL RECORD — SENATE December 9, 2020
‘‘(B) has Native Hawaiians in substantive ‘‘(b) ENFORCEMENT PENALTIES FOR MIS- SEC. 7007. REPORT AND PLANNED ACTIONS OF
and policymaking positions within the orga- REPRESENTATION.—(1) Any offeror that is de- THE SECRETARY OF VETERANS AF-
nization; termined by the Secretary to have willfully FAIRS TO ADDRESS CERTAIN HIGH-
‘‘(C) has demonstrated experience working and intentionally misrepresented the vet- RISK AREAS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
with Native Hawaiian veterans; and eran status of the employees of the offeror
‘‘(D) shall include the Office of Hawaiian for purposes of subsection (a) may be (a) REPORT REQUIRED.—Not later than 180
Affairs. debarred from contracting with the Depart- days after the date of the enactment of this
‘‘(4) The term ‘Native American veteran’ ment for a period of not less than five years. Act, the Secretary of Veterans Affairs, in
has the meaning given such term in section ‘‘(2) If the Secretary carries out a debar-
ment under paragraph (1), the Secretary consultation with the Comptroller General
3765 of this title.
shall— of the United States, shall submit to the
‘‘(5) The term ‘Office of Hawaiian Affairs’
means the Office of Hawaiian Affairs estab- ‘‘(A) commence debarment action against Committees on Veterans’ Affairs of the Sen-
lished by the constitution of the State of Ha- the offeror by not later than 30 days after de- ate and House of Representatives a report
waii.’’. termining that the offeror willfully and in- outlining the plan the Secretary has devel-
‘‘(6) The term ‘tribal organization’ has the tentionally misrepresented the veteran sta- oped and the actions the Secretary has taken
meaning given such term in section 3765 of tus of the employees of the offeror as de- to address the areas of concern identified by
this title. scribed in paragraph (1); and the Comptroller General for the Department
‘‘(7) The term ‘urban Indian organization’ ‘‘(B) complete debarment actions against of Veterans Affairs in the 2019 High-Risk
has the meaning given such term in section such offeror by not later than 90 days after
List of the Government Accountability Of-
4 of the Indian Health Care Improvement Act such determination.
‘‘(3) The debarment of an offeror under fice (GAO–19–157SP) regarding—
(25 U.S.C. 1603).’’.
paragraph (1) includes the debarment of all (1) acquisition management; and
(2) CLERICAL AMENDMENT.—The table of
principals in the offeror for a period of not (2) managing risks and improving health
sections at the beginning of chapter 5 of such
less than five years.’’. care.
title is amended by inserting after the item
(b) CLERICAL AMENDMENT.—The table of (b) ELEMENTS.—The report under sub-
relating to section 546 the following new
sections at the beginning of chapter 81 of
item: section (a) shall include each of the fol-
such title is amended by inserting after the
‘‘547. Advisory Committee on Tribal and In- item relating to section 8128 the following lowing:
dian Affairs.’’. new item: (1) Root causes of the areas of concern de-
(b) DEADLINE FOR ESTABLISHMENT.—The scribed in paragraphs (1) and (2) of sub-
Secretary of Veterans Affairs shall establish ‘‘8129. Preference for offerors employing vet-
erans.’’. section (a).
the advisory committee required by section (2) Corrective actions and specific steps to
547 of title 38, United States Code, as added SEC. 7004. EXTENSION OF CERTAIN EMPLOY-
MENT AND REEMPLOYMENT RIGHTS address each root cause, including—
by subsection (a)(1), not later than 180 days
TO MEMBERS OF THE NATIONAL (A) the progress of the Secretary in imple-
after the date of the enactment of this Act. GUARD WHO PERFORM STATE AC-
(c) DEADLINE FOR INITIAL APPOINTMENTS.— menting those actions and steps; and
TIVE DUTY. (B) timelines and milestones the Secretary
Not later than 90 days after the date on
Section 4303 of title 38, United States Code, determines feasible to complete each correc-
which the Secretary establishes the advisory
is amended— tive action.
committee required by such section, the Sec-
(1) in paragraph (13), by inserting ‘‘State
retary shall appoint members under sub- (3) Resources the Secretary determines are
active duty for a period of 14 days or more,
section (b)(1) of such section. necessary to implement corrective actions,
(d) INITIAL MEETING.—Not later than 90 State active duty in response to a national
including—
days after the date on which the Secretary emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 (A) funding;
establishes the advisory committee required (B) stakeholders;
by such section, such advisory committee et seq.), State active duty in response to a
major disaster declared by the President (C) technology; and
shall hold its first meeting.
(e) REPORT ON RELATION TO OFFICE OF TRIB- under section 401 of the Robert T. Stafford (D) senior officials responsible for imple-
AL AND GOVERNMENT RELATIONS.— Disaster Relief and Emergency Assistance menting the corrective actions and reporting
(1) IN GENERAL.—Not later than two years Act (42 U.S.C. 5170),’’ after ‘‘full-time Na- results.
after the date of the first meeting held by tional Guard duty,’’; (4) Metrics for assessing progress in ad-
the advisory committee required by such (2) by redesignating paragraph (15) as para- dressing the areas of concern described in
section, the Secretary shall submit to Con- graph (16); and paragraphs (1) and (2) of subsection (a).
gress a report on whether and to what extent (3) by inserting after paragraph (14) the fol- (5) Key outcomes that demonstrate
the activities of the advisory committee im- lowing new paragraph (15): progress in addressing the areas of concern
prove the function of the Office of Tribal and ‘‘(15) The term ‘State active duty’ means described in paragraphs (1) and (2) of sub-
Government Relations of the Department of training or other duty, other than inactive section (a).
Veterans Affairs, aid the decisions of the duty, performed by a member of the National (6) Obstacles to implementation of the plan
Secretary, and whether and to what extent Guard of a State— that the Secretary identifies.
the activities of the advisory committee du- ‘‘(A) not under section 502 of title 32 or (7) Recommendations of the Secretary re-
plicate function of the Department per- under title 10; garding legislation or funding the Secretary
formed before the enactment of this Act. ‘‘(B) in service to the Governor of a State;
determines necessary to implement the plan.
(2) REVIEW BY ADVISORY COMMITTEE.—The and
(8) Any other information the Secretary
Secretary shall— ‘‘(C) for which the member is not entitled
determines is relevant to understanding the
(A) give the advisory committee an oppor- to pay from the Federal Government.’’.
SEC. 7005. REPAYMENT OF MISUSED BENEFITS.
progress of the Department toward the re-
tunity to review the report required by para-
(a) IN GENERAL.—Section 6107(b) of title 38, moval of the areas of concern from the High
graph (1) before submitting the report under
such paragraph; and United States Code, is amended— Risk List.
(B) include in the report submitted under (1) in paragraph (1), by striking ‘‘In any (c) ANNUAL UPDATES.—
such paragraph such comments as the advi- case in which a fiduciary described in para- (1) UPDATE REQUIRED.—Not less than once
sory committee considers appropriate re- graph (2)’’ and inserting ‘‘In any case not each year during the implementation period
garding the views of the advisory committee covered by subsection (a) in which a fidu- under paragraph (2), the Secretary shall sub-
with respect to the report. ciary’’; mit to Congress an update regarding imple-
SEC. 7003. PREFERENCE FOR OFFERORS EM- (2) by striking paragraph (2); and mentation of each element of the plan under
PLOYING VETERANS. (3) by redesignating paragraph (3) as para- subsection (b).
(a) IN GENERAL.—Subchapter II of chapter graph (2). (2) IMPLEMENTATION PERIOD.—The imple-
81 of title 38, United States Code, is amended (b) APPLICATION.—The amendments made
mentation period described in this paragraph
by adding after section 8128 the following by subsection (a) shall apply with respect to
new section: any determination by the Secretary of Vet- begins on the date on which the Secretary
erans Affairs made on or after the date of the submits the report required under subsection
‘‘§ 8129. Preference for offerors employing
enactment of this Act regarding the misuse (a) and ends on the earlier of the following
veterans
of benefits by a fiduciary. dates:
‘‘(a) PREFERENCE.—(1) In awarding a con-
SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS. (A) The date on which the Comptroller
tract for the procurement of goods or serv-
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Section 7364(b)(1) of title 38, United States General removes the last area of concern for
ices, the Secretary may give a preference to
offerors that employ veterans on a full-time Code, is amended by adding at the end the the Department from the most recent High-
basis. following new sentence: ‘‘Any amounts so Risk List of the Government Accountability
‘‘(2) The Secretary shall determine such transferred after September 30, 2016, shall be Office.
preference based on the percentage of the available without regard to fiscal year limi- (B) The date that is 8 years after the date
full-time employees of the offeror who are tations, notwithstanding section 1535(d) of on which the Secretary submits the plan re-
veterans. title 31.’’. quired under subsection (a).
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7369
SEC. 7008. ANNUAL REPORT BY SECRETARY OF nancial officer of the Office of Community Subtitle C—Servicemembers Civil Relief
VETERANS AFFAIRS ON IMPLEMEN- Care within the Veterans Health Administra- SEC. 7201. CLARIFICATION OF DELIVERY OF NO-
TATION OF PRIORITY REC-
tion, and all chief financial officers of Vet- TICE OF TERMINATION OF LEASES
OMMENDATIONS OF COMPTROLLER
GENERAL OF THE UNITED STATES erans Integrated Service Networks within OF PREMISES AND MOTOR VEHI-
the Veterans Health Administration; CLES FOR PURPOSES OF RELIEF
PERTAINING TO DEPARTMENT OF
(ii) the chief financial officer of the Vet- UNDER SERVICEMEMBERS CIVIL RE-
VETERANS AFFAIRS.
LIEF ACT.
(a) ANNUAL REPORT REQUIRED.—Not later erans Benefits Administration and all chief
financial officers of organizational subdivi- (a) IN GENERAL.—Section 305(c)(2) of the
than 270 days after the date of the enactment
sions representing business lines within the Servicemembers Civil Relief Act (50 U.S.C.
of this Act, and not less than once during
Veterans Benefits Administration; 3955(c)(2)) is amended—
each of the subsequent 3 years, the Secretary
(iii) the chief financial officer of the Na- (1) in subparagraph (B), by striking ‘‘or’’ at
of Veterans Affairs shall submit to the Com-
tional Cemetery Administration; and the end;
mittees on Veterans’ Affairs of the Senate
(iv) the chief financial officer of the Office (2) in subparagraph (C), by striking the pe-
and House of Representatives and to the
of Information and Technology; and riod and inserting ‘‘; or’’; and
Comptroller General of the United States a
(B) does not include the Inspector General. (3) by adding at the end the following new
report on the implementation of priority rec-
SEC. 7102. PLANS FOR ADDRESSING MATERIAL subparagraph:
ommendations of the Comptroller General
WEAKNESSES AND PROVIDING SUF- ‘‘(D) by electronic means, including—
that pertain to the Department of Veterans
FICIENT AUTHORITY TO CHIEF FI- ‘‘(i) the direct delivery of material to an
Affairs. NANCIAL OFFICER OF DEPARTMENT electronic address designated by the lessor
(b) CONTENTS.—Each report submitted OF VETERANS AFFAIRS. (or the lessor’s grantee) or the lessor’s agent
under subsection (a) shall include, for the pe- Not later than 180 days after the date of (or the agent’s grantee);
riod covered by the report, the following: the enactment of this Act, and annually ‘‘(ii) the posting of material to a website or
(1) The progress of the Secretary in imple- thereafter for each of the three subsequent other internet or electronic-based informa-
menting all open priority recommendations years, the Secretary of Veterans Affairs, act- tion repository to which access has been
of the Comptroller General for the Depart- ing through the Chief Financial Officer of granted to the lessee, the lessor (or the les-
ment of Veterans Affairs. the Department of Veterans Affairs, shall sor’s grantee), or the lessor’s agent (or the
(2) An explanation for each instance where submit to the appropriate congressional agent’s grantee); and
the Secretary has decided not to implement, committees— ‘‘(iii) other electronic means reasonably
or has not fully implemented, an open pri- (1) an action plan, including steps, related calculated to ensure actual receipt of the
ority recommendation of the Comptroller timelines, costs, progress, status of imple- material by the lessor (or the lessor’s grant-
General for the Department. mentation, and any updates for fully ad- ee) or the lessor’s agent (or the agent’s
(3) A summary of the corrective actions dressing the material weaknesses of the De- grantee).’’.
taken and remaining steps the Secretary partment discussed in the Management’s (b) EFFECTIVE DATE.—The amendments
plans to take to implement open priority Discussion and Analysis section of the finan- made by subsection (a) shall apply to deliv-
recommendations of the Comptroller Gen- cial statements of the Department submitted ery of notice of lease terminations on or
eral. to Congress under section 3515 of title 31, after the date the enactment of this Act.
(c) SUPPLEMENT NOT SUPPLANT CERTAIN United States Code for the year preceding
REQUIRED REPORTS OR WRITTEN STATE- SEC. 7202. TECHNICAL CORRECTION REGARDING
the year during which the report is sub- EXTENSION OF LEASE PROTECTIONS
MENTS.—The report under this section shall
mitted; and FOR SERVICEMEMBERS UNDER
not be construed to supplant any report or (2) a plan outlining the steps the Secretary STOP MOVEMENT ORDERS IN RE-
written statement required under section 720 plans to take to address the recommenda- SPONSE TO LOCAL, NATIONAL, OR
of title 31, United States Code. tions of auditors related to entity-level in- GLOBAL EMERGENCY.
SEC. 7009. CLARIFICATION OF METHODS USED TO ternal controls and to provide sufficient au- (a) IN GENERAL.—Section 305(b) of the
MONITOR COMPLIANCE WITH CER- Servicemembers Civil Relief Act (50 U.S.C.
thority to the Chief Financial Officer of the
TAIN LIMITATIONS ON SUBCON- 3955(b)), as amended by Public Law 116–158, is
TRACTING. Department to carry out the requirements of
section 902 of title 31, United States Code. further amended—
Section 8127(k)(3)(A) of title 38, United (1) in paragraph (1)(C)(ii), by striking ‘‘Sec-
SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTA-
States Code, is amended by striking ‘‘and retary of Defense’’ and inserting ‘‘Secretary
TION.
any other’’ and inserting ‘‘or any other’’. concerned’’; and
Concurrent with the submittal to Congress
SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS (2) in paragraph (2)(C)(ii), by striking ‘‘Sec-
of the President’s budget request under sec-
REQUIREMENT TO PROVIDE CER- retary of Defense’’ and inserting ‘‘Secretary
TAIN NOTICE TO PERSONS FILING tion 1105 of title 31, United States Code, for
CLAIMS FOR DAMAGE, INJURY, OR fiscal year 2022 and each of the next three concerned’’.
DEATH ON STANDARD FORM 95. subsequent fiscal years, the Chief Financial (b) RETROACTIVE APPLICATION.—The
Not later than 90 days after the date on Officer of the Department of Veterans affairs amendments made by this section shall
which a person submits to the Secretary of shall submit to the appropriate congres- apply to stop movement orders issued on or
Veterans Affairs a claim for damage, injury, sional committees each of the following: after March 1, 2020.
or death on Standard Form 95, or any suc- (1) A certification of the responsibility of
cessor form, the Secretary shall provide to the Chief Financial Officer for internal fi- SA 2696. Mr. INHOFE (for Mr. MORAN
such person notice of each of the following: nancial controls of the Department. (for himself and Mr. TESTER)) proposed
(1) The benefit of obtaining legal advice (2) An attestation that the Chief Financial an amendment to the bill H.R. 7105, to
concerning such claim. Officer has collaborated sufficiently with the provide flexibility for the Secretary of
(2) The employment status of any indi- subordinate chief financial officers of the De- Veterans Affairs in caring for homeless
vidual listed on the form. partment to be confident in the financial veterans during a covered public health
(3) If the claim involves a contractor that projections included the budget request and
supporting materials.
emergency, to direct the Secretary of
entered into an agreement with the Sec-
SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSI- Veterans Affairs to carry out a retrain-
retary, the importance of obtaining legal ad-
vice as to the statute of limitations regard- BILITY FOR SUBORDINATE CHIEF FI- ing assistance program for unemployed
ing the claim in the State in which the claim NANCIAL OFFICERS. veterans, and for other purposes; as fol-
arose. (a) IN GENERAL.—In accordance with the lows:
responsibilities of the Chief Financial Officer
Subtitle B—Matters Relating to the Chief Fi- Strike all after the enacting clause and in-
of the Department of Veterans Affairs for
nancial Officer of Department of Veterans sert the following:
the recruitment, selection, and training of
Affairs personnel to carry out agency financial man- SECTION 1. SHORT TITLE.
SEC. 7101. DEFINITIONS. agement functions pursuant to section This Act may be cited as the ‘‘Food Al-
In this subtitle: 902(a)(5)(C) of title 31, United States Code, lergy Safety, Treatment, Education, and Re-
(1) APPROPRIATE CONGRESSIONAL COMMIT- the Chief Financial Officer or the designee of search Act of 2020’’ or the ‘‘FASTER Act of
TEES.—The term ‘‘appropriate congressional the Chief Financial Officer within the Office 2020’’.
committees’’ means the Committees on Vet- of Management of the Department shall— SEC. 2. FOOD ALLERGY SAFETY.
erans’ Affairs of the Senate and the House of (1) participate in the interview and selec- (a) IN GENERAL.—Section 201(qq)(1) of the
Representatives and the Committees on Ap- tion panels of all subordinate chief financial Federal Food, Drug, and Cosmetic Act (21
propriations of the Senate and the House of officers; and U.S.C. 321(qq)(1)) is amended by striking
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Representatives. (2) give input into the performance plans ‘‘and soybeans’’ and inserting ‘‘soybeans, and
(2) SUBORDINATE CHIEF FINANCIAL OFFI- and performance evaluations of all subordi- sesame’’.
CER.—The term ‘‘subordinate chief financial nate chief financial officers. (b) EFFECTIVE DATE.—The amendment
officer’’— (b) TERMINATION.—The requirements under made by subsection (a) shall apply to any
(A) includes— subsection (a) shall terminate on the date food that is introduced or delivered for intro-
(i) the chief financial officer of the Vet- that is five years after the date of the enact- duction into interstate commerce on or after
erans Health Administration, the chief fi- ment of this Act. January 1, 2023.
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S7370 CONGRESSIONAL RECORD — SENATE December 9, 2020
SEC. 3. REPORT TO CONGRESS. SEC. 2. GRANTS TO ENTITIES FOR ESTABLISH- tion of the entity loan fund of such entity
(a) REPORT.—Not later than 18 months MENT OF HAZARD MITIGATION RE- with the financial administration of any
after the date of enactment of this Act, the VOLVING LOAN FUNDS.
other revolving fund established by such en-
Secretary of Health and Human Services (re- Title II of the Robert T. Stafford Disaster tity if the Administrator determines that—
ferred to in this section as the ‘‘Secretary’’) Relief and Emergency Assistance Act (42 ‘‘(A) the capitalization grant, entity share,
shall submit to the Committee on Health, U.S.C. 5131 et seq.) is amended by adding at repayments of loans, and interest earned on
Education, Labor, and Pensions of the Sen- the end the following:
amounts in the entity loan fund are ac-
ate and the Committee on Energy and Com- ‘‘SEC. 205. GRANTS TO ENTITIES FOR ESTABLISH-
MENT OF HAZARD MITIGATION RE-
counted for separately from other amounts
merce of the House of Representatives a re- in the revolving fund; and
VOLVING LOAN FUNDS.
port that includes— ‘‘(B) the authority to establish assistance
(1) descriptions of ongoing Federal activi- ‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN GENERAL.—The Administrator may priorities and carry out oversight activities
ties related to— remains in the control of the entity agency
(A) the surveillance and collection of data enter into agreements with eligible entities
to make capitalization grants to such enti- responsible for emergency management.
on the prevalence of food allergies and sever- ‘‘(4) ENTITY SHARE OF FUNDS.—
ity of allergic reactions for specific food or ties for the establishment of hazard mitiga-
tion revolving loan funds (referred to in this ‘‘(A) IN GENERAL.—On or before the date on
food ingredients, including the identification which a participating entity receives a cap-
of any gaps in such activities; section as ‘entity loan funds’) for providing
funding assistance to local governments to italization grant under this section, the enti-
(B) the development of effective food al- ty shall deposit into the entity loan fund of
lergy diagnostics; carry out eligible projects under this section
to reduce disaster risks for homeowners, such entity, an amount equal to not less
(C) the prevention of the onset of food al- than 10 percent of the amount of the capital-
lergies; businesses, nonprofit organizations, and
communities in order to decrease— ization grant.
(D) the reduction of risks related to living
‘‘(A) the loss of life and property; ‘‘(B) REDUCED GRANT.—If, with respect to a
with food allergies; and
‘‘(B) the cost of insurance; and capitalization grant under this section, a
(E) the development of new therapeutics to
‘‘(C) Federal disaster payments. participating entity deposits in the entity
prevent, treat, cure, and manage food aller-
‘‘(2) AGREEMENTS.—Any agreement entered loan fund of the entity an amount that is
gies; and
into under this section shall require the par- less than 10 percent of the total amount of
(2) specific recommendations and strate-
ticipating entity to— the capitalization grant that the partici-
gies to expand, enhance, or improve activi-
‘‘(A) comply with the requirements of this pating entity would otherwise receive, the
ties described in paragraph (1), including—
section; and Administrator shall reduce the amount of
(A) strategies to improve the accuracy of
‘‘(B) use accounting, audit, and fiscal pro- the capitalization grant received by the enti-
food allergy prevalence data by expanding
and intensifying current collection methods, cedures conforming to generally accepted ac- ty to the amount that is 10 times the amount
including support for research that includes counting standards. so deposited.
‘‘(b) APPLICATION.— ‘‘(d) APPORTIONMENT.—
the identification of biomarkers and tests to
‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(1) IN GENERAL.—Except as otherwise pro-
validate survey data and the investigation of
a capitalization grant under this section, an vided by this subsection, the Administrator
the use of identified biomarkers and tests in
eligible entity shall submit to the Adminis- shall apportion funds made available to
national surveys;
trator an application that includes the fol- carry out this section to entities that have
(B) strategies to overcome gaps in surveil-
lowing: entered into an agreement under subsection
lance and data collection activities related
‘‘(A) Project proposals comprised of local (a)(2) in amounts as determined by the Ad-
to food allergies and specific food allergens;
government hazard mitigation projects, on ministrator.
and
the condition that the entity provides public ‘‘(2) RESERVATION OF FUNDS.—The Adminis-
(C) recommendations for the development
notice not less than 6 weeks prior to the sub- trator shall reserve not more than 2.5 per-
and implementation of a regulatory process
mission of an application. cent of the amount made available to carry
and framework that would allow for the
‘‘(B) An assessment of recurring major dis- out this section for the Federal Emergency
timely, transparent, and evidence-based
aster vulnerabilities impacting the entity
modification of the definition of ‘‘major food Management Agency for—
that demonstrates a risk to life and prop-
allergen’’ included in section 201(qq) of the ‘‘(A) administrative costs incurred in car-
erty.
Federal Food, Drug and Cosmetic Act (21 rying out this section;
‘‘(C) A description of how the hazard miti-
U.S.C. 321(qq)), including with respect to— ‘‘(B) providing technical assistance to par-
gation plan of the entity has or has not
(i) the scientific criteria for defining a food ticipating entities under subsection (b)(2);
taken the vulnerabilities described in sub-
or food ingredient as a ‘‘major food allergen’’ and
paragraph (B) into account.
pursuant to such process, including rec- ‘‘(C) capitalization grants to insular areas
‘‘(D) A description about how the projects
ommendations pertaining to evidence of the under paragraph (4).
described in subparagraph (A) could conform
prevalence and severity of allergic reactions ‘‘(3) PRIORITY.—In the apportionment of
with the hazard mitigation plan of the entity
to a food or food ingredient that would be re- and of the unit of local government. capitalization grants under this subsection,
quired in order to establish that such food or ‘‘(E) A proposal of the systematic and re- the Administrator shall give priority to enti-
food ingredient is an allergen of public gional approach to achieve resilience in a ty applications under subsection (b) that—
health concern appropriate for such process; vulnerable area, including impacts to river ‘‘(A) propose projects increasing resilience
and basins, river corridors, watersheds, estuaries, and reducing risk of harm to natural and
(ii) opportunities for stakeholder engage- bays, coastal regions, micro-basins, micro- built infrastructure;
ment and comment, as appropriate, in con- watersheds, ecosystems, and areas at risk of ‘‘(B) involve a partnership between two or
sidering any such modification to such defi- earthquakes, tsunamis, droughts, severe more eligible entities to carry out a project
nition. storms, and wildfires, including the or similar projects;
(b) PUBLICATION.—The Secretary shall wildland-urban interface. ‘‘(C) take into account regional impacts of
make the report under subsection (a) avail- ‘‘(2) TECHNICAL ASSISTANCE.—The Adminis- hazards on river basins, river corridors,
able on the internet website of the Depart- micro-watersheds, macro-watersheds, estu-
trator shall provide technical assistance to
ment of Health and Human Services. aries, lakes, bays, and coastal regions and
eligible entities for applications under this
section. areas at risk of earthquakes, tsunamis,
SA 2697. Mr. INHOFE (for Mr. ‘‘(c) ENTITY LOAN FUND.— droughts, severe storms, and wildfires, in-
PETERS) proposed an amendment to the ‘‘(1) ESTABLISHMENT OF FUND.—An entity cluding the wildland-urban interface; or
bill S. 3418, to amend the Robert T. that receives a capitalization grant under ‘‘(D) propose projects for the resilience of
Stafford Disaster Relief and Emer- this section shall establish an entity loan major economic sectors or critical national
gency Assistance Act to allow the Ad- fund that complies with the requirements of infrastructure, including ports, global com-
ministrator of the Federal Emergency this subsection. modity supply chain assets (located within
Management Agency to provide cap- ‘‘(2) FUND MANAGEMENT.—Except as pro- an entity or within the jurisdiction of local
italization grants to States to estab- vided in paragraph (3), entity loan funds governments, insular areas, and Indian tribal
shall— governments), power and water production
lish revolving funds to provide hazard
‘‘(A) be administered by the agency respon- and distribution centers, and bridges and wa-
mitigation assistance to reduce risks sible for emergency management; and terways essential to interstate commerce.
from disasters and natural hazards, and ‘‘(B) include only— ‘‘(4) INSULAR AREAS.—
other related environmental harm; as ‘‘(i) funds provided by a capitalization ‘‘(A) APPORTIONMENT.—From any amount
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follows: grant under this section; remaining of funds reserved under paragraph
Strike all after the enacting clause and in- ‘‘(ii) repayments of loans under this sec- (2), the Administrator may enter into agree-
sert the following: tion to the entity loan fund; and ments to provide capitalization grants to in-
SECTION 1. SHORT TITLE. ‘‘(iii) interest earned on amounts in the en- sular areas.
This Act may be cited as the ‘‘Safe- tity loan fund. ‘‘(B) REQUIREMENTS.—An insular area re-
guarding Tomorrow through Ongoing Risk ‘‘(3) ADMINISTRATION.—A participating en- ceiving a capitalization grant under this sec-
Mitigation Act’’ or the ‘‘STORM Act’’. tity may combine the financial administra- tion shall comply with the requirements of
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7371
this section as applied to participating enti- ‘‘(E) flooding, including the construction, or in part with assistance made available by
ties. repair, or replacement of a non-Federal levee an entity loan fund authorized by this sec-
‘‘(e) ENVIRONMENTAL REVIEW OF REVOLVING or other flood control structure, provided tion.
LOAN FUND PROJECTS.—The Administrator that the Administrator, in consultation with ‘‘(g) INTENDED USE PLANS.—
may delegate to a participating entity all of the Army Corps of Engineers (if appropriate), ‘‘(1) IN GENERAL.—After providing for pub-
the responsibilities for environmental re- requires an eligible entity to determine that lic comment and review, and consultation
view, decision making, and action pursuant such levee or structure is designed, con- with appropriate government agencies of the
to the National Environmental Policy Act of structed, and maintained in accordance with State or Indian tribal government, Federal
1969 (42 U.S.C. 4321 et seq.), and other appli- sound engineering practices and standards agencies, and interest groups, each partici-
cable Federal environmental laws including equivalent to the purpose for which such pating entity shall annually prepare and sub-
the Endangered Species Act of 1973 (16 U.S.C. levee or structure is intended; mit to the Administrator a plan identifying
1531 et seq.) and the National Historic Pres- ‘‘(F) shoreline erosion; the intended uses of the entity loan fund.
ervation Act of 1966 (54 U.S.C. 300101 et seq.) ‘‘(G) high water levels; and ‘‘(2) CONTENTS OF PLAN.—An entity in-
that would apply to the Administrator were ‘‘(H) storm surges. tended use plan prepared under paragraph (1)
the Administrator to undertake projects ‘‘(4) ZONING AND LAND USE PLANNING shall include—
under this section as Federal projects so long CHANGES.—A participating entity may use ‘‘(A) the integration of entity planning ef-
as the participating entity carries out such not more than 10 percent of a capitalization forts, including entity hazard mitigation
responsibilities in the same manner and sub- grant under this section to enable units of plans and other programs and initiatives re-
ject to the same requirements as if the Ad- local government to implement zoning and lating to mitigation of major disasters car-
ministrator carried out such responsibilities. land use planning changes focused on— ried out by such entity;
‘‘(A) the development and improvement of ‘‘(B) an explanation of the mitigation and
‘‘(f) USE OF FUNDS.—
zoning and land use codes that incentivize resiliency benefits the entity intends to
‘‘(1) TYPES OF ASSISTANCE.—Amounts de-
and encourage low- impact development, re- achieve by—
posited in an entity loan fund, including loan
silient wildland-urban interface land man- ‘‘(i) reducing future damage and loss asso-
repayments and interest earned on such
agement and development, natural infra- ciated with hazards;
amounts, may be used—
structure, green stormwater management,
‘‘(A) to make loans, on the condition ‘‘(ii) reducing the number of severe repet-
conservation areas adjacent to floodplains,
that— itive loss structures and repetitive loss
implementation of watershed or greenway
‘‘(i) such loans are made at an interest rate structures in the entity;
master plans, and reconnection of
of not more than 1 percent; ‘‘(iii) decreasing the number of insurance
floodplains;
‘‘(ii) annual principal and interest pay- claims in the entity from injuries resulting
‘‘(B) the study and creation of agricultural
ments will commence not later than 1 year from major disasters or other natural haz-
risk compensation districts where there is a
after completion of any project and all loans ards; and
desire to remove or set-back levees pro-
made under this subparagraph will be fully ‘‘(iv) increasing the rating under the com-
tecting highly developed agricultural land to
amortized— munity rating system under section 1315(b)
mitigate for flooding, allowing agricultural
‘‘(I) not later than 20 years after the date producers to receive compensation for as- of the National Flood Insurance Act of 1968
on which the project is completed; or suming greater flood risk that would allevi- (42 U.S.C. 4022(b)) for communities in the en-
‘‘(II) for projects in a low-income geo- ate flood exposure to population centers and tity;
graphic area, not later than 30 years after areas with critical national infrastructure; ‘‘(C) information on the availability of, and
the date on which the project is completed ‘‘(C) the study and creation of land use in- application process for, financial assistance
and not longer than the expected design life centives that reward developers for greater from the entity loan fund of such entity;
of the project; reliance on low impact development ‘‘(D) the criteria and methods established
‘‘(iii) the loan recipient of a loan under stormwater best management practices, ex- for the distribution of funds;
this subparagraph establishes a dedicated change density increases for increased open ‘‘(E) the amount of financial assistance
source of revenue for repayment of the loan; space and improvement of neighborhood that the entity anticipates apportioning;
‘‘(iv) the loan recipient of a loan under this catch basins to mitigate urban flooding, re- ‘‘(F) the expected terms of the assistance
subparagraph has a hazard mitigation plan ward developers for including and aug- provided from the entity loan fund; and
that has been approved by the Adminis- menting natural infrastructure adjacent to ‘‘(G) a description of the financial status of
trator; and and around building projects without reli- the entity loan fund, including short-term
‘‘(v) the entity loan fund will be credited ance on increased sprawl, and reward devel- and long-term goals for the fund.
with all payments of principal and interest opers for addressing wildfire ignition; and ‘‘(h) AUDITS, REPORTS, PUBLICATIONS, AND
on all loans made under this subparagraph; ‘‘(D) the study and creation of an erosion OVERSIGHT.—
‘‘(B) for mitigation efforts, in addition to response plan that accommodates river, ‘‘(1) BIENNIAL ENTITY AUDIT AND REPORT.—
mitigation planning under section 322 not to lake, forest, plains, and ocean shoreline re- Beginning not later than the last day of the
exceed 10 percent of the capitalization grants treating or bluff stabilization due to in- second fiscal year after the receipt of pay-
made to the participating entity in a fiscal creased flooding and disaster impacts. ments under this section, and biennially
year; ‘‘(5) ESTABLISHING AND CARRYING OUT BUILD- thereafter, any participating entity shall—
‘‘(C) for the reasonable costs of admin- ING CODE ENFORCEMENT.—A participating en- ‘‘(A) conduct an audit of the entity loan
istering the fund and conducting activities tity may use capitalization grants under this fund established under subsection (c); and
under this section, except that such amounts section to enable units of local government ‘‘(B) provide to the Administrator a report
shall not exceed $100,000 per year, 2 percent to establish and carry out the latest pub- including—
of the capitalization grants made to the par- lished editions of relevant building codes, ‘‘(i) the result of any such audit; and
ticipating entity in a fiscal year, or 1 percent specifications, and standards for the purpose ‘‘(ii) a review of the effectiveness of the en-
of the value of the entity loan fund, which- of protecting the health, safety, and general tity loan fund of the entity with respect to
ever amount is greatest, plus the amount of welfare of the building’s users against disas- meeting the goals and intended benefits de-
any fees collected by the entity for such pur- ters and natural hazards. scribed in the intended use plan submitted
pose regardless of the source; and ‘‘(6) ADMINISTRATIVE AND TECHNICAL by the entity under subsection (g).
‘‘(D) to earn interest on the entity loan COSTS.—For each fiscal year, a participating ‘‘(2) PUBLICATION.—A participating entity
fund. entity may use the amount described in shall publish and periodically update infor-
‘‘(2) PROHIBITION ON DETERMINATION THAT paragraph (1)(C) to— mation about all projects receiving funding
LOAN IS A DUPLICATION.—In carrying out this ‘‘(A) pay the reasonable costs of admin- from the entity loan fund of such entity, in-
section, the Administrator may not deter- istering the programs under this section, in- cluding—
mine that a loan is a duplication of assist- cluding the cost of establishing an entity ‘‘(A) the location of the project;
ance or programs under this Act. loan fund; and ‘‘(B) the type and amount of assistance
‘‘(3) PROJECTS AND ACTIVITIES ELIGIBLE FOR ‘‘(B) provide technical assistance to recipi- provided from the entity loan fund;
ASSISTANCE.—Except as provided in this sub- ents of financial assistance from the entity ‘‘(C) the expected funding schedule; and
section, a participating entity may use funds loan fund, on the condition that such tech- ‘‘(D) the anticipated date of completion of
in the entity loan fund to provide financial nical assistance does not exceed 5 percent of the project.
assistance for projects or activities that the capitalization grant made to such entity. ‘‘(3) OVERSIGHT.—
mitigate the impacts of natural hazards in- ‘‘(7) LIMITATION FOR SINGLE PROJECTS.—A ‘‘(A) IN GENERAL.—The Administrator
cluding— participating entity may not provide an shall, at least every 4 years, conduct reviews
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‘‘(A) drought and prolonged episodes of in- amount equal to or more than $5,000,000 to a and audits as may be determined necessary
tense heat; single hazard mitigation project. or appropriate by the Administrator to carry
‘‘(B) severe storms, including hurricanes, ‘‘(8) REQUIREMENTS.—For fiscal year 2022 out the objectives of this section and deter-
tornados, wind storms, cyclones, and severe and each fiscal year thereafter, the require- mine the effectiveness of the fund in reduc-
winter storms; ments of subchapter IV of chapter 31 of title ing natural hazard risk.
‘‘(C) wildfires; 40, United States Code, shall apply to the ‘‘(B) GAO REQUIREMENTS.—A participating
‘‘(D) earthquakes; construction of projects carried out in whole entity shall conduct audits under paragraph
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S7372 CONGRESSIONAL RECORD — SENATE December 9, 2020
(1) in accordance with the auditing proce- tion 301(a) of the Public Works and Economic ized to meet during the session of the
dures of the Government Accountability Of- Development Act of 1965 (42 U.S.C. 3161(a)). Senate on Wednesday, December 9,
fice, including generally accepted govern- ‘‘(7) PARTICIPATING ENTITY.—The term ‘par- 2020, at 10 a.m., to conduct a hearing.
ment auditing standards. ticipating entity’ means an eligible entity
SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR
‘‘(C) RECOMMENDATIONS BY ADMINIS- that has entered into an agreement under
SAFETY
TRATOR.—The Administrator may at any this section.
time make recommendations for or require ‘‘(8) REPETITIVE LOSS STRUCTURE.—The The Subcommittee on Clean Air and
specific changes to an entity loan fund in term ‘repetitive loss structure’ has the Nuclear Safety of the Committee on
order to improve the effectiveness of the meaning given the term in section 1370 of the Environment and Public Works is au-
fund. National Flood Insurance Act of 1968 (42 thorized to meet during the session of
‘‘(i) REGULATIONS OR GUIDANCE.—The Ad- U.S.C. 4121). the Senate on Wednesday, December 9,
ministrator shall issue such regulations or ‘‘(9) SEVERE REPETITIVE LOSS STRUCTURE.—
guidance as are necessary to—
2020, at 9:45 a.m., to conduct a hearing.
The term ‘severe repetitive loss structure’
‘‘(1) ensure that each participating entity has the meaning given the term in section f
uses funds as efficiently as possible; 1366(h) of the National Flood Insurance Act DEPENDABLE EMPLOYMENT AND
‘‘(2) reduce waste, fraud, and abuse to the of 1968 (42 U.S.C. 4104c(h)). LIVING IMPROVEMENTS FOR
maximum extent possible; and ‘‘(10) STATE.—The term ‘State’ means any
‘‘(3) require any party that receives funds VETERANS ECONOMIC RECOVERY
State of the United States, the District of
directly or indirectly under this section, in- Columbia, and Puerto Rico. ACT
cluding a participating entity and a recipi- ‘‘(11) WILDLAND-URBAN INTERFACE.—The Mr. INHOFE. Mr. President, I ask
ent of amounts from an entity loan fund, to term ‘wildland-urban interface’ has the unanimous consent that the Com-
use procedures with respect to the manage- meaning given the term in section 101 of the mittee on Veterans’ Affairs be dis-
ment of the funds that conform to generally Healthy Forests Restoration Act of 2003 (16
accepted accounting standards.
charged from further consideration of
U.S.C. 6511).
‘‘(j) WAIVER AUTHORITY.—Until such time ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—
H.R. 7105 and the Senate proceed to its
as the Administrator issues final regulations There are authorized to be appropriated immediate consideration.
to implement this section, the Adminis- $100,000,000 for each of fiscal years 2022 The PRESIDING OFFICER. The
trator may— through 2023 to carry out this section.’’. clerk will report the bill by title.
‘‘(1) waive notice and comment rule- The senior assistant legislative clerk
f
making, if the Administrator determines the read as follows:
waiver is necessary to expeditiously imple- AUTHORITY FOR COMMITTEES TO A bill (H.R. 7105) to provide flexibility for
ment this section; and MEET the Secretary of Veterans Affairs in caring
‘‘(2) provide capitalization grants under
Mr. INHOFE. Mr. President, I have 7 for homeless veterans during a covered pub-
this section as a pilot program.
‘‘(k) LIABILITY PROTECTIONS.—The Agency requests for committees to meet during lic health emergency, to direct the Secretary
of Veterans Affairs to carry out a retraining
shall not be liable for any claim based on the today’s session of the Senate. They
exercise or performance of, or the failure to assistance program for unemployed veterans,
have the approval of the Majority and and for other purposes.
exercise or perform, a discretionary function Minority leaders.
or duty by the Agency, or an employee of the
Pursuant to rule XXVI, paragraph There being no objection, the com-
Agency in carrying out this section. mittee was discharged, and the Senate
‘‘(l) GAO REPORT.—Not later than 1 year 5(a), of the Standing Rules of the Sen-
ate, the following committees are au- proceeded to consider the bill, which
after the date on which the first entity loan
thorized to meet during today’s session was reported from the Committee on
fund is established under subsection (c), the
Comptroller General of the United States of the Senate: Veterans’ Affairs.
shall submit to the Committee on Homeland Mr. INHOFE. I ask unanimous con-
COMMITTEE ON COMMERCE, SCIENCE, AND
Security and Governmental Affairs of the sent that the Moran substitute amend-
TRANSPORTATION
Senate and the Committee on Transpor- ment at the desk be agreed to, the bill,
tation and Infrastructure of the House of The Committee on Commerce,
as amended, be considered read a third
Representatives a report that examines— Science, and Transportation is author-
time and passed, and that the motion
‘‘(1) the appropriateness of regulations and ized to meet during the session of the
to reconsider be considered made and
guidance issued by the Administrator for the Senate on Wednesday, December 9,
program, including any oversight of the pro-
laid upon the table.
2020, at 10 a.m., to conduct a hearing. The PRESIDING OFFICER. Without
gram; COMMITTEE ON HOMELAND SECURITY AND
‘‘(2) a description of the number of the en- objection, it is so ordered.
GOVERNMENTAL AFFAIRS
tity loan funds established, the projects The amendment (No. 2696) in the na-
funded from such entity loan funds, and the The Committee on Homeland Secu- ture of a substitute was agreed to, as
extent to which projects funded by the loan rity and Governmental Affairs is au- follows:
funds adhere to any applicable hazard miti- thorized to meet during the session of (The amendment is printed in today’s
gation plans; the Senate on Wednesday, September RECORD under ‘‘Text of Amendments.’’)
‘‘(3) the effectiveness of the entity loan 30, 2020, at 10 a.m., to conduct a hear- The amendment was ordered to be
funds to lower disaster related costs; and ing. engrossed and the bill to be read a
‘‘(4) recommendations for improving the
administration of entity loan funds.
COMMITTEE ON INDIAN AFFAIRS third time.
‘‘(m) DEFINITIONS.—In this section, the fol- The Committee on Indian Affairs is The bill was read the third time.
lowing definitions apply: authorized to meet during the session The bill (H.R. 7105), as amended, was
‘‘(1) ADMINISTRATOR.—The term ‘Adminis- of the Senate on Wednesday, December passed.
trator’ means the Administrator of the Fed- 9, 2020, at 2:30 p.m., to conduct a hear- f
eral Emergency Management Agency. ing.
‘‘(2) AGENCY.—The term ‘Agency’ means BANKRUPTY ADMINISTRATION
COMMITTEE ON VETERANS’ AFFAIRS
the Federal Emergency Management Agen- IMPROVEMENT ACT OF 2020
cy. The Committee on Veterans’ Affairs
Mr. INHOFE. Mr. President, I ask
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible is authorized to meet during the ses-
unanimous consent that the Senate
entity’ means— sion of the Senate on Wednesday, De-
‘‘(A) a State; or proceed to the immediate consider-
cember 9, 2020, at 10 a.m., to conduct a
‘‘(B) an Indian tribal government that has ation of S. 4996, introduced earlier
hearing.
received a major disaster declaration during today.
SELECT COMMITTEE ON INTELLIGENCE
the 5-year period ending on the date of en- The PRESIDING OFFICER. Without
actment of the STORM Act. The Select Committee on Intel- objection, it is so ordered.
‘‘(4) HAZARD MITIGATION PLAN.—The term ligence is authorized to meet during The clerk will report the bill by title.
‘hazard mitigation plan’ means a mitigation the session of the Senate on Tuesday, The senior assistant legislative clerk
plan submitted under section 322. April 30, 2019, at 2 p.m., to conduct a read as follows:
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‘‘(5) INSULAR AREA.—The term ‘insular closed briefing. A bill (S. 4996) to ensure funding of the
area’ means Guam, American Samoa, the
SUBCOMMITTEE ON SOCIAL SECURITY, PENSIONS, United States trustees, extend temporary
Commonwealth of the Northern Mariana Is-
AND FAMILY POLICY bankruptcy judgeships, and for other pur-
lands, and the United States Virgin Islands.
The Subcommittee on Social Secu- poses.
‘‘(6) LOW-INCOME GEOGRAPHIC AREA.—The
term ‘low-income geographic area’ means an rity, Pensions, and Family Policy of There being no objection, the Senate
area described in paragraph (1) or (2) of sec- the Committee on Finance is author- proceeded to consider the bill.
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