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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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Cite this document

“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/, SHA-256 c03c1209255a4dd2231bd0848068dd5287e84324351a2d39c58d9e8a71ceed88.

Full text

                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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-




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                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                               ‘‘(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




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                                             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




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                                             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




                                       VerDate Sep 11 2014   04:57 Dec 10, 2020   Jkt 019060   PO 00000   Frm 00056   Fmt 4624   Sfmt 0634   E:\CR\FM\A09DE6.024   S09DEPT1
                                             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-




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                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                               (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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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.




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                                                ‘‘(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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




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                                             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.




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                                             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.




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                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                                                                                       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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                               ‘‘(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:




ctelli on DSK11ZRN23PROD with SENATE
                                               ‘‘(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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