Dependable Employment (Cong. Rec., Dec. 16, 2020)
Summary
Page H7169 of the House section of the Congressional Record for December 16, 2020, in interleaved columns, under the heading Dependable Employment. A Clerk's message reports that the Senate passed H.R. 6100, H.R. 7259 and H.R. 8354 without amendment. A speaker remembers the 26 families of Sandy Hook and says over 38,000 people die each year from gun violence, which is that speaker's view. Veterans legislation text on Post-9/11 educational assistance is printed, and Mr. Takano and Mr. David P. Roe each control 20 minutes, with thanks to Chairman Takano and Senator Tester for including a measure in a veterans bill.
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Cite this document
“Dependable Employment (Cong. Rec., Dec. 16, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-16-crec-2020-12-16-pt1-pgh7169-4-e5fc5a0ad2/
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7169
community and honor the precious That the Senate passed without amend- Sec. 1009. Clarification of educational assist-
memory of their children and edu- ment H.R. 6100. ance for individuals who pursue
That the Senate passed without amend- an approved program of edu-
cators. ment H.R. 7259. cation leading to a degree while
Mr. Speaker, much needs to be done That the Senate passed without amend- on active duty.
to ensure that our schools and commu- ment H.R. 8354. Sec. 1010. Verification of enrollment for pur-
nities are safe places. We owe it to the With best wishes, I am, poses of receipt of Post-9/11 Edu-
26 families from Sandy Hook to work Sincerely, cational Assistance benefits.
together to make this happen. We owe ROBERT F. REEVES, Sec. 1011. Clarification regarding the depend-
Deputy Clerk. ents to whom entitlement to edu-
it to the over 38,000 people who will die
each year from gun violence to do bet- f cational assistance may be trans-
ter. We owe it to the 50 million people ferred under the Post 9/11 Edu-
ANNOUNCEMENT BY THE SPEAKER
cational Assistance Program.
who are affected by mental health PRO TEMPORE Sec. 1012. Expansion of reasons for which a
challenges each year. We owe it to our- The SPEAKER pro tempore. Pursu- course of education may be dis-
selves, because we are capable of cre- ant to clause 8 of rule XX, the Chair approved.
ating change. will postpone further proceedings Sec. 1013. Oversight of educational institutions
Mr. Speaker, today, we honor, re- today on motions to suspend the rules with approved programs: risk-
member, and reflect, and then we get on which the yeas and nays are or- based surveys.
back to work. Sec. 1014. Oversight of educational institutions
dered. subject to Government action for
f The House will resume proceedings purposes of the educational as-
on postponed questions at a later time. sistance programs of the Depart-
IN RECOGNITION OF DAWN BAKER
f ment of Veterans Affairs.
(Mr. CARTER of Georgia asked and Sec. 1015. Additional requirement for approval
DEPENDABLE EMPLOYMENT AND
was given permission to address the of educational institutions for
LIVING IMPROVEMENTS FOR purposes of the educational as-
House for 1 minute and to revise and
VETERANS ECONOMIC RECOVERY sistance programs of the Depart-
extend his remarks.)
ACT ment of Veterans Affairs.
Mr. CARTER of Georgia. Mr. Speak-
Mr. TAKANO. Mr. Speaker, I move to Sec. 1016. Clarification of accreditation for law
er, I rise today to recognize Savannah, schools for purposes of the edu-
Georgia, WTOC news anchor Dawn suspend the rules and concur in the
cational assistance programs of
Baker for appearing in this year’s Senate amendment to the bill (H.R.
the Department of Veterans Af-
‘‘CNN Heroes’’ special. In the special, 7105) to provide flexibility for the Sec- fairs.
she was recognized as the first person retary of Veterans Affairs in caring for Sec. 1017. Clarification of grounds for dis-
to participate in phase 3 of the COVID– homeless veterans during a covered approval of a course for purposes
19 vaccine trial in the U.S. public health emergency, to direct the of the educational assistance pro-
Local news anchors have thousands Secretary of Veterans Affairs to carry grams of the Department of Vet-
out a retraining assistance program for erans Affairs.
of viewers, so they have a great respon- Sec. 1018. Requirements for educational institu-
unemployed veterans, and for other
sibility to serve as positive leaders in tions participating in the edu-
purposes, as amended.
their community. By demonstrating The Clerk read the title of the bill. cational assistance programs of
the importance and safety of the The text of the Senate amendment is the Department of Veterans Af-
coronavirus vaccine, which is now fairs.
as follows:
being distributed across the country, Sec. 1019. Overpayments to eligible persons or
Senate amendment:
Dawn has exemplified the qualities of a veterans.
Strike all after the enacting clause and in- Sec. 1020. Improvements to limitation on certain
true leader. sert the following: advertising, sales, and enrollment
However, this is not the first time SECTION 1. SHORT TITLE; TABLE OF CONTENTS. practices.
Dawn has been a hero. Throughout her (a) SHORT TITLE.—This Act may be cited as Sec. 1021. Charge to entitlement to educational
career in journalism, she has blessed the ‘‘Johnny Isakson and David P. Roe, M.D. assistance for individuals who do
countless lives through her dedication Veterans Health Care and Benefits Improvement not transfer credits from certain
Act of 2020’’. closed or disapproved programs of
to improving her community and the (b) TABLE OF CONTENTS.—The table of con-
State of Georgia. education.
tents for this Act is as follows: Sec. 1022. Department of Veterans Affairs treat-
Mr. Speaker, I take this time to Sec. 1. Short title; table of contents. ment of for-profit educational in-
thank all heroes like Dawn Baker for Sec. 2. Determination of budgetary effects. stitutions converted to nonprofit
stepping up to the plate during an un- TITLE I—EDUCATION educational institutions.
precedented time and demonstrating Subtitle A—Education Generally Sec. 1023. Authority of State approving agen-
commitment to a better, healthier Sec. 1001. Improvements to Edith Nourse Rogers cies to conduct outreach activi-
America. STEM Scholarship program of De- ties.
partment of Veterans Affairs. Sec. 1024. Limitation on colocation and admin-
f
Sec. 1002. Expansion of eligibility for Fry Schol- istration of State approving agen-
COMMUNICATION FROM THE arship to children and spouses of cies.
CLERK OF THE HOUSE certain deceased members of the Sec. 1025. Elimination of period of eligibility for
Armed Forces. training and rehabilitation for
The SPEAKER pro tempore (Mr. Sec. 1003. Period for election to receive benefits certain veterans with service-con-
CUELLAR) laid before the House the fol- under All-Volunteer Educational nected disabilities.
lowing communication from the Clerk Assistance Program of Depart- Subtitle B—Pandemic Assistance
of the House of Representatives: ment of Veterans Affairs.
Sec. 1004. Phase out of All-Volunteer Edu- Sec. 1101. Definitions.
OFFICE OF THE CLERK, cational Assistance Program. Sec. 1102. Continuation of Department of Vet-
HOUSE OF REPRESENTATIVES, Sec. 1005. Requirements for in-State tuition. erans Affairs educational assist-
Washington, DC, December 16, 2020. Sec. 1006. Expansion of authority for certain ance benefits during COVID–19
Hon. NANCY PELOSI, qualifying work-study activities emergency.
The Speaker, House of Representatives, for purposes of the educational Sec. 1103. Effects of closure of educational in-
Washington, DC. assistance programs of the De- stitution and modification of
DEAR MADAM SPEAKER: Pursuant to the partment of Veterans Affairs to courses by reason of COVID–19
permission granted in Clause 2(h) of Rule II include outreach services provided emergency.
of the Rules of the U.S. House of Representa- through congressional offices. Sec. 1104. Payment of educational assistance in
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tives, the Clerk received the following mes- Sec. 1007. Restoration of entitlement to rehabili- cases of withdrawal.
sage from the Secretary of the Senate on De- tation programs for veterans af- Sec. 1105. Modification of time limitations on
cember 16, 2020, at 11:30 a.m.: fected by school closure or dis- use of entitlement.
That the Senate passed S. 2032. approval. Sec. 1106. Apprenticeship or on-job training re-
That the Senate passed S. 2054. Sec. 1008. Technical correction to clarify eligi- quirements.
That the Senate passed S. 3152. bility for participation in Yellow Sec. 1107. Inclusion of training establishments
That the Senate passed without amend- Ribbon Program of Department of in certain provisions related to
ment H.R. 4356. Veterans Affairs. COVID–19 emergency.
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H7170 CONGRESSIONAL RECORD — HOUSE December 16, 2020
Sec. 1108. Treatment of payment of allowances TITLE III—HEALTH CARE Sec. 4205. Repeal of sunset on authority to
under Student Veteran Subtitle A—Health Care Generally carry out program of referral and
Coronavirus Response Act. counseling services for veterans at
Sec. 3001. Expansion of modifications to Vet- risk for homelessness who are
TITLE II—BENEFITS
eran Directed Care program. transitioning from certain institu-
Subtitle A—Benefits Generally Sec. 3002. Prohibition on collection of a health tions.
Sec. 2001. Revision of definition of Vietnam era care copayment by the Secretary Sec. 4206. Coordination of case management
for purposes of the laws adminis- of Veterans Affairs from a veteran services for veterans receiving
tered by the Secretary of Veterans who is a member of an Indian housing vouchers under Tribal
Affairs. tribe. Housing and Urban Development-
Sec. 2002. Matters relating to Department of Sec. 3003. Oversight for State homes regarding Veterans Affairs Supportive Hous-
Veterans Affairs medical dis- COVID–19 infections, response ca- ing program.
ability examinations. pacity, and staffing levels. Sec. 4207. Contracts relating to case managers
Sec. 2003. Medal of Honor special pension for for homeless veterans in sup-
Sec. 3004. Grants for State homes located on
surviving spouses. ported housing program.
tribal lands.
Sec. 2004. Modernization of service-disabled vet- Sec. 4208. Report on staffing of Department of
erans insurance. Sec. 3005. Continuation of Women’s Health
Housing and Urban Development-
Sec. 2005. Denial of claims for traumatic injury Transition Training program of
Department of Veterans Affairs
protection under Servicemembers’ Department of Veterans Affairs.
supported housing program.
Group Life Insurance. Sec. 3006. Authority for Secretary of Veterans
Subtitle C—Retraining Assistance for Veterans
Sec. 2006. Publication and acceptance of dis- Affairs to furnish medically nec-
essary transportation for newborn Sec. 4301. Access for the Secretaries of Labor
ability benefit questionnaire forms
children of certain women vet- and Veterans Affairs to the Fed-
of Department of Veterans Af-
erans. eral directory of new hires.
fairs. Sec. 4302. Expansion of eligible class of pro-
Sec. 2007. Threshold for reporting debts to con- Sec. 3007. Waiver of requirements of Depart-
viders of high technology pro-
sumer reporting agencies. ment of Veterans Affairs for re-
grams of education for veterans.
Sec. 2008. Removal of dependents from award of ceipt of per diem payments for Sec. 4303. Pilot program for off-base transition
compensation or pension. domiciliary care at State homes training for veterans and spouses.
Sec. 2009. Eligibility for dependency and indem- and modification of eligibility for Sec. 4304. Grants for provision of transition as-
nity compensation for surviving such payments. sistance to members of the Armed
spouses who remarry after age 55. Sec. 3008. Expansion of quarterly update of in- Forces after separation, retire-
Sec. 2010. Study on exposure by members of the formation on staffing and vacan- ment, or discharge.
Armed Forces to toxicants at cies at facilities of the Department Sec. 4305. One-year independent assessment of
Karshi-Khanabad Air Base in Uz- of Veterans Affairs to include in- the effectiveness of Transition As-
bekistan. formation on duration of hiring sistance Program.
Sec. 2011. Comptroller General briefing and re- process. Sec. 4306. Longitudinal study on changes to
port on repealing manifestation Sec. 3009. Requirement for certain Department Transition Assistance Program.
period for presumptions of service of Veterans Affairs medical facili- TITLE V—DEBORAH SAMPSON
connection for certain diseases as- ties to have physical location for Sec. 5001. Short title.
sociated with exposure to certain the disposal of controlled sub- Subtitle A—Improving Access for Women
herbicide agents. stances medications. Veterans to the Department of Veterans Affairs
Sec. 2012. Extension of authority of Secretary of Sec. 3010. Department of Veterans Affairs pilot
Veterans Affairs to use income in- Sec. 5101. Office of Women’s Health in Depart-
program for clinical observation ment of Veterans Affairs.
formation from other agencies. by undergraduate students.
Sec. 2013. Extension on certain limits on pay- Sec. 5102. Women veterans retrofit initiative.
Subtitle B—Scheduling and Consult Sec. 5103. Establishment of environment of care
ments of pension.
Management standards and inspections at De-
Subtitle B—Housing partment of Veterans Affairs med-
Sec. 2101. Eligibility of certain members of the Sec. 3101. Process and requirements for sched- ical centers.
reserve components of the Armed uling appointments for health Sec. 5104. Provision of reintegration and read-
Forces for home loans from the care from Department of Veterans justment services to veterans and
Secretary of Veterans Affairs. Affairs and non-Department family members in group retreat
Sec. 2102. Reducing loan fees for certain vet- health care. settings.
erans affected by major disasters. Sec. 3102. Audits regarding scheduling of ap- Sec. 5105. Provision of legal services for women
Sec. 2103. Extension of certain housing loan pointments and management of veterans.
fees. consultations for health care from Sec. 5106. Comptroller General surveys and re-
Sec. 2104. Collection of overpayments of spe- Department of Veterans Affairs port on supportive services pro-
cially adapted housing assistance. and non-Department health care. vided for very low-income women
Sec. 3103. Administration of non-Department of veterans.
Subtitle C—Burial Matters Sec. 5107. Programs on assistance for child care
Veterans Affairs health care.
Sec. 2201. Transportation of deceased veterans for certain veterans.
Sec. 3104. Examination of health care consulta-
to veterans’ cemeteries. Sec. 5108. Availability of prosthetics for women
tion and scheduling positions of
Sec. 2202. Increase in certain funeral benefits veterans from Department of Vet-
Department of Veterans Affairs.
under laws administered by the erans Affairs.
Secretary of Veterans Affairs. TITLE IV—NAVY SEAL BILL MULDER Sec. 5109. Requirement to improve Department
Sec. 2203. Outer burial receptacles for each new Sec. 4001. Short title. of Veterans Affairs women vet-
grave in cemeteries that are the erans call center.
subjects of certain grants made by Subtitle A—Service-connection and COVID–19 Sec. 5110. Study on infertility services furnished
the Secretary of Veterans Affairs. Sec. 4101. Presumptions of service-connection at Department of Veterans Af-
Sec. 2204. Provision of inscriptions for spouses for members of Armed Forces who fairs.
and children on certain contract Coronavirus Disease 2019 Sec. 5111. Sense of Congress on access to facili-
headstones and markers furnished under certain circumstances. ties of Department of Veterans Af-
by the Secretary of Veterans Af- fairs by reservists for counseling
Subtitle B—Assistance for Homeless Veterans
fairs. and treatment relating to military
Sec. 2205. Aid to counties for establishment, ex- Sec. 4201. Flexibility for the Secretary of Vet- sexual trauma.
pansion, and improvement of vet- erans Affairs in caring for home- Subtitle B—Increasing Staff Cultural
erans’ cemeteries. less veterans during a covered Competency
Sec. 2206. Increase in maximum amount of public health emergency.
Sec. 5201. Staffing of women’s health primary
grants to States, counties, and Sec. 4202. Legal services for homeless veterans care providers at medical facilities
tribal organizations for operating and veterans at risk for homeless- of Department of Veterans Af-
and maintaining veterans’ ceme- ness. fairs.
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teries. Sec. 4203. Gap analysis of Department of Vet- Sec. 5202. Additional funding for primary care
Sec. 2207. Provision of urns and commemorative erans Affairs programs that pro- and emergency care clinicians in
plaques for remains of certain vet- vide assistance to women veterans Women Veterans Health Care
erans whose cremated remains are who are homeless. Mini-Residency Program.
not interred in certain cemeteries. Sec. 4204. Improvements to grants awarded by Sec. 5203. Establishment of women veteran
Sec. 2208. Training of State and tribal veterans’ the Secretary of Veterans Affairs training module for non-Depart-
cemetery personnel by National to entities that provide services to ment of Veterans Affairs health
Cemetery Administration. homeless veterans. care providers.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7171
Sec. 5204. Study on staffing of women veteran TITLE VII—OTHER MATTERS (C) by redesignating subclauses (X) and (XI)
program manager program at Subtitle A—Administrative and Other Matters as subclauses (IX) and (X), respectively;
medical centers of Department of (2) in subparagraph (B)—
Sec. 7001. Medical examination protocol for vol- (A) by inserting ‘‘covered clinical training
Veterans Affairs and training of unteer drivers participating in
staff. program for health care professionals or a’’ be-
program of transportation services fore ‘‘program of education’’; and
Sec. 5205. Study on Women Veteran Coordi-
for veterans. (B) by striking the period at the end and in-
nator program. Sec. 7002. Department of Veterans Affairs Advi-
Sec. 5206. Staffing improvement plan for peer serting ‘‘; or’’; and
sory Committee on Tribal and In- (3) by adding at the end the following new
specialists of Department of Vet-
dian Affairs. subparagraph:
erans Affairs who are women. Sec. 7003. Preference for offerors employing vet- ‘‘(C) is an individual who has earned a grad-
Subtitle C—Eliminating Harassment and erans. uate degree in a field referred to in subpara-
Assault Sec. 7004. Extension of certain employment and graph (A)(i) and is enrolled in a covered clinical
Sec. 5301. Expansion of coverage by Department reemployment rights to members training program for health care profes-
of Veterans Affairs of counseling of the National Guard who per- sionals.’’.
and treatment for sexual trauma. form State active duty. (b) PRIORITY.—Subsection (c) of such section
Sec. 5302. Assessment of effects of intimate part- Sec. 7005. Repayment of misused benefits. is amended to read as follows:
ner violence on women veterans Sec. 7006. Exemption of certain transfers. ‘‘(c) PRIORITY.—(1) If the Secretary deter-
by Advisory Committee on Women Sec. 7007. Report and planned actions of the mines that there are insufficient funds available
Veterans. Secretary of Veterans Affairs to in a fiscal year to provide additional benefits
Sec. 5303. Anti-harassment and anti-sexual as- address certain high-risk areas of under this section to all eligible individuals, the
sault policy of Department of Vet- the Department of Veterans Af- Secretary may give priority to the following eli-
erans Affairs. fairs. gible individuals:
Sec. 5304. Pilot program on assisting veterans Sec. 7008. Annual report by Secretary of Vet- ‘‘(A) Individuals who require the most credit
who experience intimate partner erans Affairs on implementation hours described in subsection (b)(4).
violence or sexual assault. of priority recommendations of ‘‘(B) Individuals who are entitled to edu-
Sec. 5305. Study and task force on veterans ex- Comptroller General of the United cational assistance under this chapter by reason
periencing intimate partner vio- States pertaining to Department of paragraph (1), (2), (8), or (9) of section 3311(b)
lence or sexual assault. of Veterans Affairs. of this title.
Subtitle D—Data Collection and Reporting Sec. 7009. Clarification of methods used to mon- ‘‘(2) The Secretary shall give priority to indi-
itor compliance with certain limi- viduals under paragraph (1) in the following
Sec. 5401. Requirement for collection and anal-
tations on subcontracting. order:
ysis of data on Department of
Sec. 7010. Department of Veterans Affairs re- ‘‘(A) Individuals who are enrolled in a pro-
Veterans Affairs benefits and
quirement to provide certain no- gram of education leading to an undergraduate
services and disaggregation of
tice to persons filing claims for degree in a field referred to in subsection
such data by gender, race, and
damage, injury, or death on (b)(4)(A)(i).
ethnicity.
Standard Form 95. ‘‘(B) Individuals who are enrolled in a pro-
Sec. 5402. Study on barriers for women veterans
to receipt of health care from De- Subtitle B—Matters Relating to the Chief Fi- gram of education leading to a teaching certifi-
partment of Veterans Affairs. nancial Officer of Department of Veterans Af- cate.
Sec. 5403. Study on feasibility and advisability fairs ‘‘(C) Individuals who are enrolled in a dual-
of offering Parenting STAIR pro- Sec. 7101. Definitions. degree program leading to both an under-
gram at all medical centers of De- Sec. 7102. Plans for addressing material weak- graduate and graduate degree in a field referred
partment of Veterans Affairs. nesses and providing sufficient to in subsection (b)(4)(A)(i).
authority to Chief Financial Offi- ‘‘(D) Individuals who have earned an under-
Subtitle E—Benefits Matters graduate degree and are enrolled in a covered
cer of Department of Veterans Af-
Sec. 5501. Evaluation of service-connection of clinical training program for health care profes-
fairs.
mental health conditions relating sionals.
Sec. 7103. Chief Financial Officer attestation.
to military sexual trauma. Sec. 7104. Chief Financial Officer responsibility ‘‘(E) Individuals who have earned a graduate
Sec. 5502. Choice of sex of Department of Vet- degree and are enrolled in a covered clinical
for subordinate chief financial of-
erans Affairs medical examiner for training program for health care profes-
ficers.
assessment of claims for com- sionals.’’.
pensation relating to disability re- Subtitle C—Servicemembers Civil Relief (c) AMOUNTS NOT SUBJECT TO CERTAIN LIMI-
sulting from physical assault of a Sec. 7201. Clarification of delivery of notice of TATION.—Subsection (d) of such section is
sexual nature, battery of a sexual termination of leases of premises amended by adding at the end the following
nature, or sexual harassment. and motor vehicles for purposes of new paragraph:
Sec. 5503. Secretary of Veterans Affairs report relief under Servicemembers Civil ‘‘(4) Notwithstanding any other provision of
on implementing recommendations Relief Act. this chapter or chapter 36 of this title, any addi-
of Inspector General of Depart- Sec. 7202. Technical correction regarding exten- tional benefits under this section may not be
ment of Veterans Affairs in cer- sion of lease protections for counted toward the aggregate period for which
tain report on denied servicemembers under stop move- section 3695 of this title limits an individual’s re-
posttraumatic stress disorder ment orders in response to local, ceipt of allowance or assistance.’’.
claims related to military sexual national, or global emergency. (d) COVERED CLINICAL TRAINING PROGRAM
trauma. SEC. 2. DETERMINATION OF BUDGETARY EF- DEFINED.—Such section is further amended by
TITLE VI—REPRESENTATION AND FECTS. adding at the end the following new subsection:
FINANCIAL EXPLOITATION MATTERS The budgetary effects of this Act, for the pur- ‘‘(h) COVERED CLINICAL TRAINING PROGRAM
pose of complying with the Statutory Pay-As- DEFINED.—In this section, the term ‘covered
Sec. 6001. Short title. clinical training program’ means any clinical
You-Go Act of 2010, shall be determined by ref-
Sec. 6002. Plan to address the financial exploi- training required by a health care professional
erence to the latest statement titled ‘‘Budgetary
tation of veterans receiving pen- to be licensed to practice in a State or locality.’’.
Effects of PAYGO Legislation’’ for this Act, sub-
sion from the Department of Vet- SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY
mitted for printing in the Congressional Record
erans Affairs. SCHOLARSHIP TO CHILDREN AND
Sec. 6003. Overpayments of pension to veterans by the Chairman of the House Budget Com-
mittee, provided that such statement has been SPOUSES OF CERTAIN DECEASED
receiving pension from the De- MEMBERS OF THE ARMED FORCES.
partment of Veterans Affairs. submitted prior to the vote on passage.
(a) IN GENERAL.—Subsection (b) of section
Sec. 6004. Evaluation of additional actions for TITLE I—EDUCATION 3311 of title 38, United States Code, as amended
verifying direct deposit informa- Subtitle A—Education Generally by section 105 of the Harry W. Colmery Veterans
tion provided by veterans on ap- SEC. 1001. IMPROVEMENTS TO EDITH NOURSE Educational Assistance Act of 2017 (Public Law
plications for veterans pension. ROGERS STEM SCHOLARSHIP PRO- 115–48), is further amended—
Sec. 6005. Annual report on efforts of Depart- GRAM OF DEPARTMENT OF VET- (1) by redesignating paragraph (9) as para-
ment of Veterans Affairs to ad- ERANS AFFAIRS. graph (11); and
dress the financial exploitation of (a) CLARIFICATION AND EXPANSION OF ELIGI- (2) by inserting after paragraph (8) the fol-
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veterans receiving pension. BILITY.—Subsection (b)(4) of section 3320 of title lowing new paragraphs (9) and (10):
Sec. 6006. Notice regarding fees charged in con- 38, United States Code, is amended— ‘‘(9) An individual who is the child or spouse
nection with filing an application (1) in subparagraph (A)(i)— of a person who, on or after September 11, 2001,
for veterans pension. (A) in the matter preceding subclause (I), by dies in line of duty while serving on duty other
Sec. 6007. Outreach plan for educating vulner- inserting ‘‘, or a dual degree program that in- than active duty as a member of the Armed
able veterans about potential fi- cludes such an undergraduate college degree,’’ Forces.
nancial exploitation relating to after ‘‘undergraduate college degree’’; ‘‘(10) An individual who is the child or spouse
the receipt of pension. (B) by striking subclause (IX); and of a member of the Selected Reserve who dies on
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H7172 CONGRESSIONAL RECORD — HOUSE December 16, 2020
or after September 11, 2001, while a member of to or less than the rate the institution charges (2) in paragraph (1), by inserting ‘‘for a pe-
the Selected Reserve from a service-connected for tuition and fees for residents of the State in riod of more than 30 days’’ after ‘‘active duty’’;
disability.’’. which the institution is located. The Secretary and
(b) CONFORMING AMENDMENTS.—Title 38, shall disapprove a course of education provided (3) in paragraph (2), in the matter preceding
United States Code, is amended as follows: by such an institution that does not provide the subparagraph (A), by inserting ‘‘for a period of
(1) In section 3311(f), by striking ‘‘paragraph Secretary— more than 30 days’’ after ‘‘active duty’’.
(8)’’ each place it appears and inserting ‘‘para- ‘‘(i) an initial explanation of such require- (b) EFFECTIVE DATE.—The amendments made
graphs (8), (9), and (10)’’. ments; and by subsection (a) shall take effect on August 1,
(2) In section 3313(c)(1), by striking ‘‘(8), or ‘‘(ii) not later than 90 days after the date on 2022.
(9)’’ and inserting ‘‘(8), (9), (10), or (11)’’. which any such requirements change, the up- SEC. 1010. VERIFICATION OF ENROLLMENT FOR
(3) In section 3317(a), in the second sentence, dated requirements.’’. PURPOSES OF RECEIPT OF POST-9/11
by striking ‘‘paragraphs (1), (2), (8), and (9)’’ (b) APPLICATION.—The amendments made by EDUCATIONAL ASSISTANCE BENE-
and inserting ‘‘paragraphs (1), (2), (8), (9), (10), this section shall apply with respect to a quar- FITS.
and (11)’’. ter, semester, or term, as applicable, commencing (a) IN GENERAL.—Section 3313 of title 38,
(4) In section 3320, as amended by section 1001 on or after August 1, 2021. United States Code, is amended by adding at the
of this title, in subsection (c)(1)(B), by striking SEC. 1006. EXPANSION OF AUTHORITY FOR CER- end the following new subsection:
‘‘(8), or (9)’’ and inserting ‘‘(8), (9), (10), or TAIN QUALIFYING WORK-STUDY AC- ‘‘(l) VERIFICATION OF ENROLLMENT.—(1) The
TIVITIES FOR PURPOSES OF THE
(11)’’. EDUCATIONAL ASSISTANCE PRO- Secretary shall require—
(5) In section 3322— GRAMS OF THE DEPARTMENT OF ‘‘(A) each educational institution to submit to
(A) in subsection (e), by striking both ‘‘sec- VETERANS AFFAIRS TO INCLUDE the Secretary verification of each individual
tions 3311(b)(8) and 3319’’ and inserting ‘‘section OUTREACH SERVICES PROVIDED who is enrolled in a course or program of edu-
3319 and paragraph (8), (9), or (10) of section THROUGH CONGRESSIONAL OF- cation at the educational institution and is re-
3311 of this title’’; FICES. ceiving educational assistance under this chap-
(B) in subsection (f), by striking ‘‘section (a) IN GENERAL.—Section 3485(a)(4) of title 38, ter—
3311(b)(8)’’ and inserting ‘‘paragraph (8), (9), or United States Code, is amended by adding at the ‘‘(i) not later than such time as the Secretary
(10) of section 3311 of this title’’; and end the following new subparagraph: determines reasonable after the date on which
(C) in subsection (h)(2), by striking ‘‘either ‘‘(K) The following activities carried out at the individual is enrolled; and
section 3311(b)(8) or chapter 35’’ and inserting the offices of Members of Congress for such ‘‘(ii) not later than such time as the Secretary
‘‘either chapter 35 or paragraph (8), (9), or (10) Members: determines reasonable after the last date on
of section 3311’’. ‘‘(i) The distribution of information to mem- which a student is able to withdraw from the
(c) APPLICABILITY DATE.—The amendments bers of the Armed Forces, veterans, and their course or program of education without penalty;
made by this section shall take effect imme- dependents about the benefits and services and
diately after the amendments made by section under laws administered by the Secretary and ‘‘(B) each individual who is enrolled in a
105 of the Harry W. Colmery Veterans Edu- other appropriate governmental and nongovern- course or program of education and is receiving
cational Assistance Act of 2017 (Public Law 115– mental programs. educational assistance under this chapter to
48) take effect and shall apply with respect to a ‘‘(ii) The preparation and processing of papers
submit to the Secretary verification of such en-
quarter, semester, or term, as applicable, com- and other documents, including documents to
rollment for each month during which the indi-
mencing on or after August 1, 2021. assist in the preparation and presentation of
vidual is so enrolled and receiving such edu-
claims for benefits under laws administered by
SEC. 1003. PERIOD FOR ELECTION TO RECEIVE cational assistance.
BENEFITS UNDER ALL-VOLUNTEER the Secretary.’’.
(b) EFFECTIVE DATE.—The amendment made ‘‘(2) Verification under this subsection shall
EDUCATIONAL ASSISTANCE PRO- be in an electronic form prescribed by the Sec-
GRAM OF DEPARTMENT OF VET- by subsection (a) shall take effect on August 1,
2021. retary.
ERANS AFFAIRS.
SEC. 1007. RESTORATION OF ENTITLEMENT TO
‘‘(3) If an individual fails to submit the
(a) IN GENERAL.—Section 3011 of title 38,
REHABILITATION PROGRAMS FOR verification required under paragraph (1)(B) for
United States Code, is amended—
VETERANS AFFECTED BY SCHOOL two consecutive months, the Secretary may not
(1) in subsection (c)(1), by striking ‘‘Any such
CLOSURE OR DISAPPROVAL. make a monthly stipend payment to the indi-
election shall be made at the time the individual
(a) ENTITLEMENT.—Section 3699 of title 38, vidual under this section until the individual
initially enters on active duty as a member of
United States Code, is amended by striking submits such verification.’’.
the Armed Forces’’ and inserting ‘‘Any such
‘‘chapter 30,’’ each time it appears and inserting (b) EFFECTIVE DATE.—The amendment made
election shall be made during the 90-day period
‘‘chapter 30, 31,’’. by subsection (a) shall take effect on August 1,
beginning on the day that is 180 days after the
(b) PAYMENT OF SUBSISTENCE ALLOWANCES.— 2021.
date on which the individual initially enters ini-
Section 3680(a)(2)(B) of title 38, United States SEC. 1011. CLARIFICATION REGARDING THE DE-
tial training’’; and
Code, is amended— PENDENTS TO WHOM ENTITLEMENT
(2) in subsection (b)(1), by striking ‘‘that such (1) by inserting ‘‘or a subsistence allowance TO EDUCATIONAL ASSISTANCE MAY
individual is entitled to such pay’’ and inserting described in section 3108’’ before ‘‘, during’’; BE TRANSFERRED UNDER THE POST
‘‘that begin after the date that is 270 days after and 9/11 EDUCATIONAL ASSISTANCE PRO-
the date on which the individual initially enters (2) by inserting ‘‘or allowance’’ after ‘‘such a GRAM.
initial training’’. stipend’’. (a) IN GENERAL.—Section 3319(c) of title 38,
(b) EFFECTIVE DATE.—The amendments made (c) CONFORMING AMENDMENT.—Section 7 of United States Code, is amended to read as fol-
by subsection (a) shall take effect on the date the Student Veteran Coronavirus Response Act lows:
that is two years after the date of the enactment of 2020 (134 Stat. 634; Public Law 116–140) is ‘‘(c) ELIGIBLE DEPENDENTS.—
of this Act. hereby repealed. ‘‘(1) TRANSFER.—An individual approved to
SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDU- (d) EFFECTIVE DATE.—The amendments made transfer an entitlement to educational assist-
CATIONAL ASSISTANCE PROGRAM. by this section shall apply as if included in the ance under this section may transfer the indi-
Subsection (a)(1)(A) of section 3011 of title 38, enactment of section 109 of the Harry W. vidual’s entitlement to an eligible dependent or
United States Code, is amended by striking Colmery Veterans Educational Assistance Act of a combination of eligible dependents.
‘‘after June 30, 1985’’ and inserting ‘‘during the 2017 (Public Law 115–48; 131 Stat. 978). ‘‘(2) DEFINITION OF ELIGIBLE DEPENDENT.—For
period beginning July 1, 1985, and ending Sep- SEC. 1008. TECHNICAL CORRECTION TO CLARIFY purposes of this subsection, the term ‘eligible de-
tember 30, 2030’’. ELIGIBILITY FOR PARTICIPATION IN pendent’ has the meaning given the term ‘de-
SEC. 1005. REQUIREMENTS FOR IN-STATE TUI- YELLOW RIBBON PROGRAM OF DE- pendent’ under subparagraphs (A), (I), and (D)
TION. PARTMENT OF VETERANS AFFAIRS. of section 1072(2) of title 10.’’.
(a) IN GENERAL.—Section 3679(c) of title 38, Section 3317(a) of title 38, United States Code, (b) APPLICABILITY.—The amendment made by
United States Code, is amended— is amended— subsection (a) shall apply with respect to edu-
(1) by striking ‘‘the full cost of established cational assistance payable under chapter 33 of
(1) in paragraph (2)(A), by striking ‘‘less than
charges (as specified in section 3313)’’ and in- title 38, United States Code, before, on, or after
three years before the date of enrollment in the
serting ‘‘the full cost of tuition and fees for a the date that is 90 days after the date of the en-
course concerned’’; and
(2) in paragraph (4)— program of education’’; and actment of this Act.
(2) by striking ‘‘those established charges’’
(A) by striking ‘‘It shall’’ and inserting ‘‘(A) SEC. 1012. EXPANSION OF REASONS FOR WHICH A
and inserting ‘‘such tuition and fees’’.
It shall’’; and COURSE OF EDUCATION MAY BE DIS-
SEC. 1009. CLARIFICATION OF EDUCATIONAL AS- APPROVED.
(B) by adding at the end the following new
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SISTANCE FOR INDIVIDUALS WHO
subparagraph: PURSUE AN APPROVED PROGRAM OF (a) IN GENERAL.—Section 3672(b)(2) of title 38,
‘‘(B) To the extent feasible, the Secretary EDUCATION LEADING TO A DEGREE United States Code, is amended—
shall make publicly available on the internet WHILE ON ACTIVE DUTY. (1) in subparagraph (A)(i), by inserting or ‘‘or
website of the Department a database explain- (a) IN GENERAL.—Section 3313(e) of title 38, (D)’’ after ‘‘subparagraph (C)’’; and
ing any requirements described in subparagraph United States Code, is amended— (2) by adding at the end the following new
(A) that are established by a public institution (1) in the heading, by inserting ‘‘FOR A PE- subparagraph:
of higher learning for an individual to be RIOD OF MORE THAN 30 DAYS’’ after ‘‘ACTIVE ‘‘(D) A program that is described in subpara-
charged tuition and fees at a rate that is equal DUTY’’; graph (A)(i) of this paragraph and offered by an
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7173
educational institution that is at risk of losing ‘‘(e) NOTICE OF GOVERNMENT ACTION.—(1)(A) (1) with respect to an educational institution,
accreditation shall not be deemed to be approved If the Secretary receives notice described in the Secretary shall ensure the careful review
for purposes of this chapter. For purposes of paragraph (2), or otherwise becomes aware of an of—
this subparagraph, an educational institution is action or event described in paragraph (3), with ‘‘(A) to the extent possible, the action that
at risk of losing accreditation if that edu- respect to an educational institution, the Sec- gave rise to such notice; and
cational institution has received from the rel- retary shall transmit such notice or provide no- ‘‘(B) any other action against the educational
evant accrediting agency or association a notice tice of such action or event to the State approv- institution by any Federal or State government
described in section 3673(e)(2)(D) of this title.’’. ing agency for the State where the educational entity or by the educational institution’s
(b) EFFECTIVE DATE.—The amendments made institution is located by not later than 30 days accreditor.
by subsection (a) shall take effect on August 1, after the date on which the Secretary receives ‘‘(7) In this subsection, the term ‘risk-based
2021. such notice or becomes aware of such action or survey’ means the risk-based survey developed
SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTI- event.
TUTIONS WITH APPROVED PRO-
under section 3673A of this title.’’.
‘‘(B) If a State approving agency receives no- (b) EFFECTIVE DATE.—The amendment made
GRAMS: RISK-BASED SURVEYS.
tice as described in paragraph (2), or otherwise by subsection (a) shall take effect on August 1,
(a) RISK-BASED SURVEYS.— becomes aware of an action or event described
(1) IN GENERAL.—Subchapter I of chapter 36, 2021.
in paragraph (3), with respect to an educational
United States Code, is amended by inserting SEC. 1015. ADDITIONAL REQUIREMENT FOR AP-
institution, other than from the Secretary pur-
after section 3673 the following new section: PROVAL OF EDUCATIONAL INSTITU-
suant to subparagraph (A) of this paragraph, TIONS FOR PURPOSES OF THE EDU-
‘‘§ 3673A. Risk-based surveys the State approving agency shall immediately CATIONAL ASSISTANCE PROGRAMS
‘‘(a) DEVELOPMENT REQUIRED.—The Sec- notify the Secretary. OF THE DEPARTMENT OF VETERANS
retary, in partnership with State approving ‘‘(C) Not later than 60 days after the date on AFFAIRS.
agencies, shall develop a searchable risk-based which a State approving agency receives notice (a) IN GENERAL.—Section 3675 of title 38,
survey for oversight of educational institutions under subparagraph (A), receives notice as de- United States Code, is amended—
with courses and programs of education ap- scribed in subparagraph (B), or becomes aware (1) in subsection (b), by adding at the end the
proved under this chapter. as described in such subparagraph, as the case
‘‘(b) SCOPE.—(1) The scope of the risk-based following new paragraph:
may be, regarding an educational institution, ‘‘(4) The educational institution is approved
survey developed under subsection (a) shall be such State approving agency shall—
determined by the Secretary, in partnership and participates in a program under title IV of
‘‘(i) complete a risk-based survey of such edu- the Higher Education Act of 1965 (20 U.S.C. 1070
with the State approving agency. cational institution; and
‘‘(2) At a minimum the scope determined et seq.) or the Secretary has waived the require-
‘‘(ii) provide the Secretary with—
under paragraph (1) shall include the following: ment under this paragraph with respect to an
‘‘(I) a complete report on the findings of the
‘‘(A) Rapid increase in veteran enrollment. educational institution and submits to the Com-
‘‘(B) Rapid increase in tuition and fees. State approving agency with respect to the risk-
mittee on Veterans’ Affairs of the Senate and
‘‘(C) Complaints tracked and published with based survey completed under clause (i) and
the Committee on Veterans’ Affairs of the House
the mechanism required by section 3698(b)(2) any actions taken as a result of such findings;
of Representatives notice of such waiver.’’.
from students pursuing programs of education and
‘‘(II) any supporting documentation and per- (2) by adding at the end the following new
with educational assistance furnished under subsection:
laws administered by the Secretary, based on se- tinent records.
‘‘(2) Notice described in this paragraph is any ‘‘(d)(1) The Secretary shall submit to Congress
verity or volume of the complaints. an annual report on any waivers issued pursu-
‘‘(D) Compliance with section 3680A(d)(1) of of the following:
‘‘(A) Notice from the Secretary of Education ant to subsection (b)(4) or section
this title.
‘‘(E) Veteran completion rates. of an event under paragraph (3)(A). 3672(b)(2)(A)(i) of this title.
‘‘(F) Indicators of financial stability. ‘‘(B) Notice of an event under paragraph ‘‘(2) Each report submitted under paragraph
‘‘(G) Review of the advertising and recruiting (3)(B). (1) shall include, for the year covered by the re-
practices of the educational institution, includ- ‘‘(C) Notice from a State of an action taken by port, the following:
ing those by third-party contractors of the edu- that State under paragraph (3)(C). ‘‘(A) The name of each educational institution
cational institution. ‘‘(D) Notice provided by an accrediting agency for which a waiver was issued.
‘‘(H) Matters for which the Federal Govern- or association of an action described in para- ‘‘(B) The justification for each such waiver.
ment or a State Government brings an action in graph (3)(D) taken by that agency or associa- ‘‘(C) The total number of waivers issued.’’.
a court of competent jurisdiction against an tion. (b) REQUIREMENT FOR APPROVAL OF STAND-
educational institution, including matters in ‘‘(E) Notice that the Secretary of Education ARD COLLEGE DEGREE PROGRAMS.—Clause (i) of
cases in which the Federal Government or the has placed the educational institution on provi- section 3672(b)(2)(A) of such title is amended to
State comes to a settled agreement on such mat- sional certification status. read as follows:
ters outside of the court. ‘‘(3) An action or event under this paragraph ‘‘(i) Except as provided in subparagraph (C)
‘‘(c) DATABASE.—The Secretary, in partner- is any of the following:
ship with the State approving agencies under or (D), an accredited standard college degree
‘‘(A) The receipt by an educational institution program offered at a public or not-for-profit
this chapter, shall establish a database or use of payments under the heightened cash moni-
an existing system, as the Secretary considers proprietary educational institution that—
toring level 2 payment method pursuant to sec-
appropriate, to serve as a central repository for ‘‘(I) is accredited by an agency or association
tion 487(c)(1)(B) of the Higher Education Act of
information required for or collected during site recognized for that purpose by the Secretary of
1965 (20 U.S.C. 1094).
visits for the risk-based survey developed under Education; and
‘‘(B) Punitive action taken by the Attorney
subsection (a), so as to improve future oversight General, the Federal Trade Commission, or any ‘‘(II) is approved and participates in a pro-
of educational institutions with programs of other Federal department or agency for mis- gram under title IV of the Higher Education Act
education approved under this chapter.’’. conduct or misleading marketing practices that of 1965 (20 U.S.C. 1070 et seq.), unless the Sec-
(2) CLERICAL AMENDMENT.—The table of sec- would violate the standards defined by the Sec- retary has waived the requirement to participate
tions at the beginning of chapter 36 of such title retary of Veterans Affairs. in a program under title IV of the Higher Edu-
is amended by inserting after the item relating ‘‘(C) Punitive action taken by a State against cation Act of 1965 (20 U.S.C. 1070 et seq.).’’.
to section 3673 the following new item: an educational institution. (c) EFFECTIVE DATE.—The amendments made
‘‘3673A. Risk-based surveys.’’. ‘‘(D) The loss, or risk of loss, by an edu- by subsections (a) and (b) shall take effect on
(b) USE OF STATE APPROVING AGENCIES FOR cational institution of an accreditation from an August 1, 2021.
OVERSIGHT ACTIVITIES.— accrediting agency or association, including no- SEC. 1016. CLARIFICATION OF ACCREDITATION
(1) IN GENERAL.—Section 3673(d) of title 38, tice of probation, suspension, an order to show FOR LAW SCHOOLS FOR PURPOSES
United States Code, is amended— cause relating to the educational institution’s OF THE EDUCATIONAL ASSISTANCE
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; PROGRAMS OF THE DEPARTMENT OF
academic policies and practices or to its finan-
and VETERANS AFFAIRS.
cial stability, or revocation of accreditation.
(B) by striking ‘‘compliance and risk-based ‘‘(E) The placement of an educational institu- (a) IN GENERAL.—Paragraphs (14)(B) and
surveys’’ and inserting ‘‘a risk-based survey de- tion on provisional certification status by the (15)(B) of section 3676(c) of title 38, United
veloped under section 3673A of this title’’. Secretary of Education. States Code, are each amended—
(2) EFFECTIVE DATE.—The amendment made (1) by striking ‘‘an accrediting agency’’ both
‘‘(4) If a State approving agency disapproves
by paragraph (1) shall take effect on October 1, places it appears and inserting ‘‘a specialized
or suspends an educational institution, the
2022. accrediting agency for programs of legal edu-
State approving agency shall provide notice of
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SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTI- cation’’; and
TUTIONS SUBJECT TO GOVERNMENT
such disapproval or suspension to the Secretary
ACTION FOR PURPOSES OF THE EDU- and to all other State approving agencies. (2) by inserting before the period the fol-
CATIONAL ASSISTANCE PROGRAMS ‘‘(5) This subsection shall be carried out using lowing: ‘‘, from which recipients of law degrees
OF THE DEPARTMENT OF VETERANS amounts made available pursuant to section from such accredited programs are eligible to sit
AFFAIRS. 3674(a)(4) of this title as long as such amounts for a bar examination in any State’’.
(a) IN GENERAL.—Section 3673 of title 38, remain available. (b) EFFECTIVE DATE.—The amendments made
United States Code, is amended by adding at the ‘‘(6) For each notice transmitted or provided by subsection (a) shall take effect on August 1,
end the following new subsection: to a State approving agency under paragraph 2021.
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H7174 CONGRESSIONAL RECORD — HOUSE December 16, 2020
SEC. 1017. CLARIFICATION OF GROUNDS FOR DIS- ‘‘(ii) alert such individual of the potential eli- cy or the Secretary, when acting in the role of
APPROVAL OF A COURSE FOR PUR- gibility of the individual for such financial aid the State approving agency, determines that an
POSES OF THE EDUCATIONAL AS-
before packaging or arranging student loans or educational institution is the subject of a nega-
SISTANCE PROGRAMS OF THE DE-
PARTMENT OF VETERANS AFFAIRS. alternative financing programs for the indi- tive action made by the accrediting agency that
vidual. accredits the institution, including any of the
(a) IN GENERAL.—Section 3679 of title 38,
‘‘(D) Maintain policies to— following:
United States Code, is amended—
‘‘(i) prohibit the automatic renewal of a cov- ‘‘(A) Accreditor sanctions.
(1) by inserting ‘‘(including failure to comply
ered individual in courses and programs of edu- ‘‘(B) Accreditation probation.
with a risk-based survey under this chapter or
cation; and ‘‘(C) The loss of accreditation or candidacy
secure an affirmation of approval by the appro-
‘‘(ii) ensure that each covered individual ap- for accreditation.
priate State approving agency following the sur-
proves of the enrollment of the individual in a ‘‘(4)(A) An action described in this subpara-
vey)’’ after ‘‘requirements of this chapter’’; and
course. graph is any of the following:
(2) by adding at the end the following new
‘‘(E) Provide to a covered individual enrolled ‘‘(i) Submitting to the Secretary a rec-
subsection:
in a course of education at the educational in- ommendation that the Secretary publish a
‘‘(f) In this section, the term ‘risk-based sur-
stitution with information regarding the re- warning on the internet website of the Depart-
vey’ means a risk-based survey developed under
quirements to graduate from such course, in- ment described in section 3698(c)(2) of this title,
section 3673A(a) of this title.’’.
cluding information regarding when required or such other similar internet website of the De-
(b) EFFECTIVE DATE.—The amendment made
classes will be offered and a timeline to grad- partment, that describes how an educational in-
by subsection (a) shall take effect on August 1,
uate. stitution is failing to meet a requirement under
2021.
‘‘(F) With respect to an accredited edu- paragraph (1), (2), or (3).
SEC. 1018. REQUIREMENTS FOR EDUCATIONAL IN-
cational institution, obtain the approval of the ‘‘(ii) Disapproving a course for purposes of
STITUTIONS PARTICIPATING IN THE
EDUCATIONAL ASSISTANCE PRO- accrediting agency for each new course or pro- this chapter.
GRAMS OF THE DEPARTMENT OF gram of the institution before enrolling covered ‘‘(B)(i) The Secretary shall establish guide-
VETERANS AFFAIRS. individuals in such courses or programs if the lines to ensure that the actions described in sub-
(a) IN GENERAL.—Section 3679 of title 38, accrediting agency determines that such ap- paragraph (A) are applied in a proportional and
United States Code, as amended by section 1017 proval is appropriate under the substantive uniform manner by State approving agencies, or
of this title, is further amended by adding at the change requirements of the accrediting agency the Secretary when acting in the role of the
end the following new subsection: regarding the quality, objectives, scope, or con- State approving agency.
‘‘(f)(1) Except as provided by paragraph (5), a trol of the institution. ‘‘(ii) Each State approving agency and the
State approving agency, or the Secretary when ‘‘(G) Maintain a policy that— Secretary, when acting in the role of the State
acting in the role of the State approving agency, ‘‘(i) ensures that members of the Armed approving agency, shall adhere to the guidelines
shall take an action described in paragraph Forces, including the reserve components and established under clause (i).
(4)(A) if the State approving agency or the Sec- the National Guard, who enroll in a course of ‘‘(C) The State approving agency, in consulta-
retary, when acting in the role of the State ap- education at the educational institution may be tion with the Secretary, or the Secretary when
proving agency, determines that an educational readmitted at such institution if such members acting in the role of the State approving agency,
institution does not perform any of the fol- are temporarily unavailable or have to suspend may limit an action described in subparagraph
lowing: such enrollment by reason of serving in the (A)(ii) to individuals not enrolled at the edu-
‘‘(A) Prior to the enrollment of a covered indi- Armed Forces; and cational institution before the period described
vidual in a course of education at the edu- ‘‘(ii) otherwise accommodates such members in such subparagraph.
cational institution, provide the individual with during short absences by reason of such service. ‘‘(5)(A) The Secretary may waive the require-
a form that contains information personalized to ‘‘(H) Designate an employee of the edu- ments of paragraph (1) or waive the require-
the individual that describes— cational institution to serve as a point of con- ments of paragraph (2) with respect to an edu-
‘‘(i) the estimated total cost of the course, in- tact for covered individuals and the family of cational institution for a 1-academic-year period
cluding tuition, fees, books, supplies, and any such individuals needing assistance with respect beginning in August of the year in which the
other additional costs; to academic counseling, financial counseling, waiver is made. A single educational institution
‘‘(ii) an estimate of the cost for living expenses disability counseling, and other information re- may not receive waivers under this paragraph
for students enrolled in the course; garding completing a course of education at for more than 2 consecutive academic years.
‘‘(iii) the amount of the costs under clauses (i) such institution, including by referring such in- ‘‘(B) To be considered for a waiver under this
and (ii) that are covered by the educational as- dividuals and family to the appropriate persons paragraph, an educational institution shall sub-
sistance provided to the individual under chap- for such counseling and information. mit to the Secretary an application prior to the
ter 30, 31, 32, 33, or 35 of this title, or chapter ‘‘(2) Except as provided by paragraph (5), a first day of the academic year for which the
1606 or 1607 of title 10, as the case may be; State approving agency, or the Secretary when waiver is sought.
‘‘(iv) the type and amount of Federal finan- acting in the role of the State approving agency, ‘‘(6) Not later than October 1 of each year, the
cial aid not administered by the Secretary and shall take an action described in paragraph Secretary shall submit to the Committee on Vet-
financial aid offered by the institution that the (4)(A) if the State approving agency, the Sec- erans’ Affairs of the Senate and the Committee
individual may qualify to receive; retary, or any Federal agency, determines that on Veterans’ Affairs of the House of Representa-
‘‘(v) an estimate of the amount of student an educational institution does any of the fol- tives the following reports:
loan debt the individual would have upon grad- lowing: ‘‘(A) A report, which shall be made publicly
uation; ‘‘(A) Carries out deceptive or persistent re- available, that includes the following:
‘‘(vi) information regarding graduation rates; cruiting techniques, including on military in- ‘‘(i) A summary of each action described in
‘‘(vii) job-placement rates for graduates of the stallations, that may include— paragraph (4)(A) made during the year covered
course, if available; ‘‘(i) misrepresentation (as defined in section by the report, including—
‘‘(viii) information regarding the acceptance 3696(e)(2)(B) of this title) or payment of incen- ‘‘(I) the name of the educational institution;
by the institution of transfer of credits, includ- tive compensation; ‘‘(II) the type of action taken;
ing military credits; ‘‘(ii) during any 1-month period making three ‘‘(III) the rationale for the action, including
‘‘(ix) any conditions or additional require- or more unsolicited contacts to a covered indi- how the educational institution was not in com-
ments, including training, experience, or exami- vidual, including contacts by phone, email, or pliance with this subsection;
nations, required to obtain the license, certifi- in-person; or ‘‘(IV) the length of time that the educational
cation, or approval for which the course of edu- ‘‘(iii) engaging in same-day recruitment and institution was not in such compliance; and
cation is designed to provide preparation; and registration. ‘‘(V) whether the educational institution was
‘‘(x) other information to facilitate comparison ‘‘(B) Pays inducements, including any gra- also not in compliance with this subsection dur-
by the individual of aid packages offered by dif- tuity, favor, discount, entertainment, hospi- ing any of the 2 years prior to the year covered
ferent educational institutions. tality, loan, transportation, lodging, meals, or by the report.
‘‘(B) Not later than 15 days after the date on other item having a monetary value of more ‘‘(ii) A summary and justifications for the
which the institution (or the governing body of than a de minimis amount, to any individual or waivers made under paragraph (5) during the
the institution) determines tuition rates and fees entity, or its agents including third party lead year covered by the report, including the total
for an academic year that is different than the generators or marketing firms other than sala- number of waivers each educational institution
amount being charged by the institution, pro- ries paid to employees or fees paid to contractors has received.
vide a covered individual enrolled in a course of in conformity with all applicable laws for the ‘‘(B) A report containing the recommendations
education at the educational institution with purpose of securing enrollments of covered indi- of the Secretary with respect to any legislative
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the form under subparagraph (A) that contains viduals or obtaining access to educational as- actions the Secretary determines appropriate to
updated information. sistance under this title, with the exception of ensure that this subsection is carried out in a
‘‘(C) Maintain policies to— scholarships, grants, and tuition reductions pro- manner that is consistent with the requirements
‘‘(i) inform each covered individual enrolled in vided by the educational institution. that educational institutions must meet for pur-
a course of education at the educational institu- ‘‘(3) A State approving agency, or the Sec- poses of other departments or agencies of the
tion of the availability of Federal financial aid retary when acting in the role of the State ap- Federal Government.
not administered by the Secretary and financial proving agency, shall take an action described ‘‘(7) In this subsection, the term ‘covered indi-
aid offered by the institution; and in paragraph (4)(A) if the State approving agen- vidual’ means an individual who is pursuing a
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7175
course of education at an educational institu- ‘‘(II) to receive, to apply to take, or to take an ‘‘(i) the relationship of the institution with
tion under chapter 30, 31, 32, 33, or 35 of this examination required to receive a local, State, or any organization, employment agency, or other
title, or chapter 1606 or 1607 of title 10.’’. Federal license, or a nongovernmental certifi- agency providing authorized training leading
(b) APPLICATION DATE.—The amendment cation required as a precondition for employ- directly to employment;
made by this section shall take effect on June ment, or to perform certain functions in the ‘‘(ii) the plans of the institution to maintain a
15, 2021, and shall apply to an educational insti- States in which the educational program is of- placement service for graduates or otherwise as-
tution beginning on August 1, 2021, except that fered, or to meet additional conditions that the sist graduates to obtain employment;
an educational institution may submit an appli- institution knows or reasonably should know ‘‘(iii) the knowledge of the institution about
cation for a waiver under subsection (f)(5) of are generally needed to secure employment in a the current or likely future conditions, com-
section 3679 of title 38, United States Code, as recognized occupation for which the program is pensation, or employment opportunities in the
added by subsection (a), beginning on June 15, represented to prepare students; industry or occupation for which the students
2021. ‘‘(v) the requirements for successfully com- are being prepared;
SEC. 1019. OVERPAYMENTS TO ELIGIBLE PER- pleting the course of study or program and the ‘‘(iv) job market statistics maintained by the
SONS OR VETERANS. circumstances that would constitute grounds for Federal Government in relation to the potential
(a) IN GENERAL.—Subsection (b) of section terminating the student’s enrollment; placement of the graduates of the institution;
3685 of title 38, United States Code, is amended ‘‘(vi) whether the courses of education at the and
to read as follows: institution are recommended or have been the ‘‘(v) other requirements that are generally
‘‘(b) Any overpayment to a veteran or eligible subject of unsolicited testimonials or endorse- needed to be employed in the fields for which
person with respect to pursuit by the veteran or ments by— the training is provided, such as requirements
eligible person of a program of education at an ‘‘(I) vocational counselors, high schools, col- related to commercial driving licenses or permits
educational institution shall constitute a liabil- leges, educational organizations, employment to carry firearms, and failing to disclose factors
ity of the educational institution to the United agencies, members of a particular industry, stu- that would prevent an applicant from quali-
States if— dents, former students, or others; or fying for such requirements, such as prior crimi-
‘‘(1) the Secretary finds that the overpayment ‘‘(II) officials of a local or State government nal records or preexisting medical conditions.
has been made as the result of— or the Federal Government; ‘‘(2) In this subsection:
‘‘(A) the willful or negligent failure of an edu- ‘‘(vii) the size, location, facilities, or equip- ‘‘(A) The term ‘misleading statement’ includes
cational institution to report, as required under ment of the institution; any communication, action, omission, or intima-
this chapter or chapter 34 or 35 of this title, to ‘‘(viii) the availability, frequency, and appro- tion made in writing, visually, orally, or
the Department of Veterans Affairs excessive ab- priateness of the courses of education and pro- through other means, that has the likelihood or
sences from a course, or discontinuance or inter- grams to the employment objectives that the in- tendency to mislead the intended recipient of
ruption of a course by the veteran or eligible stitution states the courses and programs are de- the communication under the circumstances in
person; or signed to meet; which the communication is made. Such term
‘‘(B) the willful or negligent false certification ‘‘(ix) the nature, age, and availability of the includes the use of student endorsements or
by an educational institution; or training devices or equipment of the institution testimonials for an educational institution that
‘‘(2) the benefit payment sent to an edu- and the appropriateness to the employment ob- a student gives to the institution either under
cational institution on behalf of an eligible vet- jectives that the institution states the courses duress or because the institution required the
eran or person is made pursuant to— and programs are designed to meet; student to make such an endorsement or testi-
‘‘(A) section 3313(h) of this title; ‘‘(x) the number, availability, and qualifica- monial to participate in a program of education.
‘‘(B) section 3317 of this title; or tions, including the training and experience, of ‘‘(B) The term ‘misrepresentation’ means any
‘‘(C) section 3680(d) of this title; or the faculty and other personnel of the institu- false, erroneous, or misleading statement, ac-
‘‘(D) section 3320(d) of this title.’’. tion; tion, omission, or intimation made directly or in-
(b) CLARIFYING AMENDMENT.—Subsection (a) ‘‘(xi) the availability of part-time employment directly to a student, a prospective student, the
of such section is further amended by inserting or other forms of financial assistance; public, an accrediting agency, a State agency,
‘‘relating to educational assistance under a law ‘‘(xii) the nature and availability of any tuto-
or to the Secretary by an eligible institution, one
administered by the Secretary’’ after ‘‘made to a rial or specialized instruction, guidance and
of its representatives, or any person with whom
veteran or eligible person’’. counseling, or other supplementary assistance
the institution has an agreement to provide edu-
SEC. 1020. IMPROVEMENTS TO LIMITATION ON the institution will provide students before, dur-
cational programs, marketing, advertising, re-
CERTAIN ADVERTISING, SALES, AND ing, or after the completion of a course of edu-
cruiting or admissions services.
ENROLLMENT PRACTICES. cation; ‘‘(C) The term ‘substantial misrepresentation’
(a) PROHIBITION ON SUBSTANTIAL MISREPRE- ‘‘(xiii) the nature or extent of any pre-
means misrepresentation in which the person to
SENTATION.— requisites established for enrollment in any
whom it was made could reasonably be expected
(1) IN GENERAL.—Section 3696 of title 38, course of education;
to rely, or has reasonably relied, to that per-
United States Code, is amended to read as fol- ‘‘(xiv) the subject matter, content of the
son’s detriment.
lows: course of education, or any other fact related to
‘‘(c) LIMITATION ON CERTAIN COMMISSIONS,
the degree, diploma, certificate of completion, or
‘‘§ 3696. Prohibition on certain advertising, BONUSES, AND OTHER INCENTIVE PAYMENTS.—
any similar document that the student is to be,
sales, and enrollment practices An educational institution with a course or pro-
or is, awarded upon completion of the course of
‘‘(a) PROHIBITION ON ENGAGING IN SUBSTAN- gram of education approved under this chapter,
education; and
TIAL MISREPRESENTATION.—An educational in- ‘‘(xv) whether the degree that the institution and an entity that owns such an educational
stitution with a course or program of education will confer upon completion of the course of institution, shall not provide any commission,
approved under this chapter, and an entity that education has been authorized by the appro- bonus, or other incentive payment based directly
owns such an educational institution, shall not priate State educational agency, including with or indirectly on success in securing enrollments
engage in substantial misrepresentation de- respect to cases where the institution fails to or financial aid to any persons or entities en-
scribed in subsection (b). disclose facts regarding the lack of such author- gaged in any student recruiting or admission ac-
‘‘(b) SUBSTANTIAL MISREPRESENTATION DE- ization in any advertising or promotional mate- tivities or in making decisions regarding the
SCRIBED.—(1) Substantial misrepresentation de- rials that reference such degree. award of student financial assistance.
scribed in this paragraph is substantial mis- ‘‘(B) The financial charges of the institution, ‘‘(d) REQUIREMENT TO MAINTAIN RECORDS.—
representation by an educational institution, a including misrepresentation regarding— (1) To ensure compliance with this section, any
representative of the institution, or any person ‘‘(i) offers of scholarships to pay all or part of educational institution offering courses ap-
with whom the institution has an agreement to a course charge; proved for the enrollment of eligible persons or
provide educational programs, marketing, ad- ‘‘(ii) whether a particular charge is the cus- veterans shall maintain a complete record of all
vertising, recruiting or admissions services, con- tomary charge at the institution for a course; advertising, sales, or enrollment materials (and
cerning any of the following: ‘‘(iii) the cost of the program and the refund copies thereof) utilized by or on behalf of the in-
‘‘(A) The nature of the educational program policy of the institution if the student does not stitution during the preceding two-year period.
of the institution, including misrepresentation complete the program; Such record shall be available for inspection by
regarding— ‘‘(iv) the availability or nature of any finan- the State approving agency or the Secretary.
‘‘(i) the particular type, specific source, or na- cial assistance offered to students, including a ‘‘(2) Such materials shall include but are not
ture and extent, of the accreditation of the insti- student’s responsibility to repay any loans, re- limited to any direct mail pieces, brochures,
tution or a course of education at the institu- gardless of whether the student is successful in printed literature used by sales persons, films,
tion; completing the program and obtaining employ- video tapes, and audio tapes disseminated
‘‘(ii) whether a student may transfer course ment; and through broadcast media, material disseminated
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credits to another institution; ‘‘(v) the student’s right to reject any par- through print, digital, or electronic media, tear
‘‘(iii) conditions under which the institution ticular type of financial aid or other assistance, sheets, leaflets, handbills, fliers, and any sales
will accept transfer credits earned at another or whether the student must apply for a par- or recruitment manuals used to instruct sales
institution; ticular type of financial aid, such as financing personnel, agents, or representatives of such in-
‘‘(iv) whether successful completion of a offered by the institution. stitution.
course of instruction qualifies a student— ‘‘(C) The employability of the graduates of the ‘‘(e) AGREEMENT WITH FEDERAL TRADE COM-
‘‘(I) for acceptance to a labor union or similar institution, including misrepresentation regard- MISSION.—(1) The Secretary shall, pursuant to
organization; or ing— section 3694 of this title, enter into an agreement
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H7176 CONGRESSIONAL RECORD — HOUSE December 16, 2020
with the Federal Trade Commission to utilize, ‘‘(C) The process established under subpara- this paragraph until reinstatement under sub-
where appropriate, its services and facilities, graph (A) shall not prohibit a State approving section (j).
consistent with its available resources, in car- agency from— ‘‘(D) Subject to subsection (i), any third viola-
rying out investigations and making the Under ‘‘(i) independently investigating a potential tion within three years of the second violation
Secretary of Benefit’s preliminary findings violation of subsection (a), (c), or (d); or of this section shall result in revocation of ap-
under subsection (g)(1). ‘‘(ii) taking action if the State approving proval under this chapter as described in sub-
‘‘(2) Such agreement shall provide that cases agency finds a violation of subsection (a), (c), or paragraph (A)(iii) of this paragraph until rein-
arising under subsection (a) of this section or (d). statement under subsection (j).
any similar matters with respect to any of the ‘‘(3) Upon a preliminary finding under this ‘‘(E) Any action taken under subparagraph
requirements of this chapter or chapters 34 and subsection of a violation of subsection (a), (c), (A) of this paragraph regarding a violation of
35 of this title may be referred to the Federal or (d) by an educational institution, or the subsection (a), (c), or (d) by an educational in-
Trade Commission which in its discretion will owner of an educational institution, the Under stitution or the owner of an educational institu-
conduct an investigation and make preliminary Secretary shall require the educational institu- tion shall be taken on or before the date that is
findings. tion or owner to submit to the Under Secretary 180 days after the date on which the Under Sec-
‘‘(3) The findings and results of any investiga- a report prepared by an approved third-party retary provided notice to the educational insti-
tion under paragraph (2) shall be referred to the auditor of the advertising and enrollment prac- tution or owner regarding the violation in ac-
Under Secretary for Benefits, who shall take ap- tices of the educational institution or owner. cordance with the process established under
propriate action under subsection (g) in such ‘‘(4)(A) Before making a final determination subsection (g)(2)(B)(iii).
under this subsection regarding a violation of ‘‘(2) The factors set forth in this paragraph
cases not later than 60 days after the date of
subsection (a), (c), or (d) by an educational in- are the following:
such referral. ‘‘(A) That the Secretary’s action brings suffi-
‘‘(f) FINAL JUDGMENTS FROM OTHER FEDERAL stitution or owner of an educational institution,
cient deterrence for future fraud against stu-
AGENCIES.—Whenever the Secretary becomes the Under Secretary shall—
‘‘(i) review the practices of the educational in- dents and the programs of education carried out
aware of a final judgment by a Federal agency under this title. Fraud against veterans must be
against an educational institution or owner of stitution or owner that pertain to activities and
met with a repercussion strong enough to send
an educational institution pertaining to sub- practices covered by subsections (a), (c), and
a deterrent message to this and other edu-
stantial misrepresentation described in sub- (d);
cational institutions and owners.
section (b) or of other credible evidence relating ‘‘(ii) consider the results of a risk-based sur-
‘‘(B) That the educational institution has se-
to a violation of subsection (a), the Secretary, in vey conducted by a State approving agency, if
cured an approved third-party auditor to verify
partnership with the applicable State approving available; and the educational institution’s, or owner’s, adver-
agency, shall— ‘‘(iii) review—
tising and enrollment practices for at least three
‘‘(1) within 30 days, alert the educational in- ‘‘(I) the findings and information received
years going forward.
stitution or owner that it is at risk of losing ap- pursuant to the processes established under ‘‘(C) That the educational institution or
proval under this chapter of its courses or pro- paragraph (2)(B)(iii); owner has repudiated the deceptive practices
grams of education; ‘‘(II) in a case in which a report was sub- and has communicated to all employees that de-
mitted under subsection (f)(3), such report; ceptive practices will not be tolerated, and has
‘‘(2) provide the educational institution or
‘‘(III) the report submitted under paragraph instituted strong governance procedures to pre-
owner 60 days to provide any information it
(3)(B) of this subsection; vent recurrence.
wishes to the Secretary;
‘‘(IV) any findings and results submitted ‘‘(D) That the educational institution has
‘‘(3) require the educational institution or
under subsection (e)(3); taken steps to remove any pressure on its enroll-
owner to submit to the Secretary a report pre- ‘‘(V) the marketing and outreach material of
pared by an approved third-party auditor of the ment recruiters, including by removing enroll-
the educational institution and the contractors ment quotas and incentives for enrollment.
advertising and enrollment practices of the edu- of the educational institution.
cational institution or owner; and ‘‘(E) That the State approving agency or the
‘‘(B) The Under Secretary may not make a Secretary acting in the role of the State approv-
‘‘(4) refer the matter to the Under Secretary of final determination under this subsection solely
Benefits, who may thereafter make a prelimi- ing agency, has completed a risk-based survey
based on preliminary findings. and determined the educational institution is
nary finding under subsection (g). ‘‘(5) The Under Secretary may not delegate
‘‘(g) PRELIMINARY FINDINGS, FINAL DETER- worthy of serving eligible veterans and eligible
authority to make a final determination under persons.
MINATIONS, AND PROCESSES.—(1) The Under Sec- this subsection, including to any employee of ‘‘(3) Enforcement action under this section
retary for Benefits shall make preliminary find- the Department or to the Federal Trade Commis- shall not preclude enforcement action under sec-
ings and final determinations on violations of sion. tion 3690 of this title.
subsections (a), (c), and (d). ‘‘(h) ENFORCEMENT.—(1)(A) Upon a final de- ‘‘(4) No action may be carried out under this
‘‘(2)(A) The Under Secretary shall establish a termination by the Under Secretary for Benefits subsection with respect to a final determination
process for making preliminary findings and under subsection (g) that an educational insti- by the Under Secretary under subsection (g)
final determinations under paragraph (1). tution or the owner of an educational institu- while such final determination is pending re-
‘‘(B) The process established under subpara- tion violated subsection (a), (c), or (d), the view under subsection (i).
graph (A) shall— Under Secretary shall, but subject to subpara- ‘‘(i) APPEALS.—(1) The Secretary shall estab-
‘‘(i) clearly define what triggers an oversight graphs (B), (C), and (D) of this paragraph, take lish a process by which an educational institu-
visit by the Under Secretary for purposes of en- one of the following actions independent of any tion or the owner of an educational institution
forcing subsections (a), (c), and (d); actions taken under section 3690 of this title: that is the subject of more than one final deter-
‘‘(ii) set forth factors an educational institu- ‘‘(i) Publish a caution flag on the GI Bill mination by the Under Secretary under sub-
tion, or the owner of the educational institu- Comparison Tool, or successor tool, about that section (g)(1) that the educational institution or
tion, must meet in order to retain approval sta- educational institution and alert its currently owner violated subsection (a), may request a re-
tus under this section, including with respect to enrolled eligible veterans and eligible persons. view of the most recent final determination.
the factors set forth under subsection (h)(2); ‘‘(ii) Suspend the approval of the courses and ‘‘(2)(A) The Secretary shall—
‘‘(iii) include a process for the provision of no- programs of education offered by the edu- ‘‘(i) review each final determination for which
tice to an educational institution, or the owner cational institution by disapproving new enroll- a review is requested under paragraph (1); and
of the educational institution, that the Under ‘‘(ii) pursuant to such review, issue a final de-
ments of eligible veterans and eligible persons in
Secretary has made a preliminary finding under cision sustaining, modifying, or overturning the
each course or program of education offered by
paragraph (1) that the education institution or final determination.
that educational institution. ‘‘(B) The Secretary may not delegate any de-
owner has violated subsection (a), (c), or (d), ‘‘(iii) Revoke the approval of the courses and
which the Under Secretary shall provide to the cision under subparagraph (A).
programs of education offered by the edu- ‘‘(C)(i) Review under subparagraph (A)(i) of
educational institution or owner within such cational institution by disapproving all enroll- this paragraph shall be the exclusive avenue for
period after making the preliminary finding as ments of eligible veterans and eligible persons in review of a final determination under subsection
the Under Secretary shall establish for purposes each course or program of education offered by (g)(1).
of this clause, except that, in every case, such that educational institution. ‘‘(ii) A decision issued pursuant to a review
period shall end before the date on which the ‘‘(B) In deciding upon a course of action under subparagraph (A)(i) may not be appealed
Under Secretary makes a final determination under subparagraph (A), for the first violation to the Secretary for review under section 7104(a)
under such paragraph; and of this section, the Secretary shall consider the of this title.
‘‘(iv) include— factors set forth in paragraph (2). ‘‘(3)(A) Not later than 30 days after the date
‘‘(I) a process for receipt of findings from a ‘‘(C) Subject to subsection (i), any repeat vio- on which the Secretary issues a final decision
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third-party pertinent to this section; and lation and final finding within five years of the under paragraph (2)(A)(ii), the Secretary shall
‘‘(II) a process for an educational institution first violation of this section shall result in— submit to Congress a report on such final deci-
or an owner to provide such information as the ‘‘(i) a suspension of approval of new enroll- sion.
educational institution or owner determines ap- ments as described in subparagraph (A)(ii) of ‘‘(B) A report submitted under subparagraph
propriate to the Secretary, including informa- this paragraph until reinstatement under sub- (A) shall include the following:
tion about corrective actions the educational in- section (j); or ‘‘(i) An outline of the decisionmaking process
stitution or owner may have taken in response ‘‘(ii) a revocation of approval under this of the Secretary that led to the final decision de-
to preliminary findings under paragraph (1). chapter as described in subparagraph (A)(iii) of scribed in subparagraph (A).
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7177
‘‘(ii) Any relevant material used to make the (c) APPLICATION DATE.—The amendments SEC. 1023. AUTHORITY OF STATE APPROVING
final decision under paragraph (2)(A)(ii), in- made by this section shall take effect on August AGENCIES TO CONDUCT OUTREACH
1, 2021. ACTIVITIES.
cluding risk-based surveys and documentation
from the educational institution or the owners SEC. 1021. CHARGE TO ENTITLEMENT TO EDU- Section 3673 of title 38, United States Code, as
of the educational institution. CATIONAL ASSISTANCE FOR INDI- amended by section 1014 of this title, is further
‘‘(iii) Materials that were submitted to the VIDUALS WHO DO NOT TRANSFER amended by adding at the end the following
Secretary after the date of the final determina- CREDITS FROM CERTAIN CLOSED OR new subsection:
DISAPPROVED PROGRAMS OF EDU- ‘‘(f) OUTREACH ACTIVITIES.—(1) A State ap-
tion under subsection (g) that was the subject of CATION.
the final decision under paragraph (2)(A)(ii) of proving agency may conduct outreach activities
(a) IN GENERAL.—Subsection (c) of section if—
this subsection and before the date on which the 3699 of title 38, United States Code, is amended ‘‘(A) the State approving agency has properly
Secretary issued such final decision. to read as follows:
‘‘(j) REINSTATEMENT OF APPROVAL.—(1) If an conducted its enforcement and approval of
‘‘(c) PERIOD NOT CHARGED.—(1) The period courses and programs of education under this
educational institution or the owner of an edu- for which, by reason of this subsection, edu-
cational institution has had the approval of the chapter; and
cational assistance is not charged against enti- ‘‘(B) funds are still available to do so.
courses or programs of education of the edu- tlement or counted toward the applicable aggre- ‘‘(2) For purposes of paragraph (1)(A), a State
cational institution suspended as described in gate period under section 3695 of this title shall approving agency shall be considered to have
clause (ii) of subsection (h)(1)(A) or revoked as not exceed the aggregate of— properly conducted its enforcement and ap-
described in clause (iii) of such subsection for a ‘‘(A) the portion of the period of enrollment in proval of courses and programs of education
violation of subsection (a), (c), or (d) pursuant the course from which the individual did not re- under this chapter if the State approving agen-
to subparagraph (C) or (D) of subsection (h)(1), ceive credit or with respect to which the indi- cy has—
the educational institution or owner may submit vidual lost training time, as determined under ‘‘(A) met fulfilled its requirements pursuant to
to the applicable State approving agency or the subsection (b)(2); and the applicable cooperative agreements between
Secretary when acting as a State approving ‘‘(B) the period by which a monthly stipend is the State approving agency and the Department
agency an application for reinstatement of ap- extended under section 3680(a)(2)(B) of this title. relating to the oversight and approval of courses
proval under this subsection. ‘‘(2)(A) An individual described in subpara- and programs of education under this chapter;
‘‘(2) Approval under this chapter may not be graph (B) who transfers fewer than 12 credits and
reinstated under this subsection until— from a program of education that is closed or ‘‘(B) completed a risk-based survey of any
‘‘(A) the educational institution or owner sub- disapproved as described in subsection (b)(1) course or program of education determined to be
mits to the applicable State approving agency or shall be deemed to be an individual who did not of questionable quality or at risk by any Federal
the Secretary when acting as a State approving receive such credits, as described in subsection or State agency or any accrediting agency.
agency an application for reinstatement of ap- (b)(2), except that the period for which such in- ‘‘(3) Outreach activities conducted under
proval under paragraph (1); dividual’s entitlement is not charged shall be paragraph (1) shall be carried out using
‘‘(B) the date that is 540 days after the date the entire period of the individual’s enrollment amounts derived from amounts not specifically
of the most recent suspension or revocation de- in the program of education. In carrying out appropriated to carry out this subsection.’’.
scribed in paragraph (1) of the educational in- this subparagraph, the Secretary, in consulta- SEC. 1024. LIMITATION ON COLOCATION AND AD-
stitution or owner; tion with the Secretary of Education, shall es- MINISTRATION OF STATE APPROV-
‘‘(C) the educational institution submits a re- tablish procedures to determine whether the in- ING AGENCIES.
port by an approved third-party auditor on the dividual transferred credits to a comparable (a) IN GENERAL.—Section 3671 of title 38,
advertising and enrollment practices of the edu- course or program of education. United States Code, is amended by adding at the
cational institution, including those of its third- ‘‘(B) An individual described in this subpara- end the following new subsection:
party contractors; graph is an individual who is enrolled in a ‘‘(c) A State department or agency may not be
‘‘(D) procedures are in place to prevent any course or program of education closed or discon- recognized as a State approving agency des-
future violation of subsection (a), (c), or (d); tinued as described in subsection (b)(1) during ignated under this section if such State depart-
‘‘(E) that the educational institution has met the period beginning on the date that is 120 ment or agency is administered at or colocated
all factors set forth in subsection (h)(2); and days before the date of such closure or dis- with a university or university system whose
‘‘(F) the Secretary agrees to such reinstate- continuance and ending on the date of such clo- courses or programs of education would be sub-
ment. sure or discontinuance, as the case may be. ject to approval under this chapter by the State
‘‘(k) RULE OF CONSTRUCTION REGARDING ‘‘(C) This paragraph shall apply with respect approving agency in that State.’’.
STATE APPROVING AGENCIES AND RISK-BASED to a course or program of education closed or (b) EFFECTIVE DATE.—The amendment made
SURVEYS.—Nothing in this section shall be con- discontinued before September 30, 2023.’’. by subsection (a) shall take effect on the date
strued to prohibit a State approving agency (b) EFFECTIVE DATE.—The amendment made that is 180 days after the date of the enactment
from conducting any risk-based survey the State by subsection (a) shall take effect on August 1, of this Act.
approving agency considers appropriate at any 2021. SEC. 1025. ELIMINATION OF PERIOD OF ELIGI-
educational institution that it considers appro- SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS BILITY FOR TRAINING AND REHA-
priate for oversight purposes. TREATMENT OF FOR-PROFIT EDU- BILITATION FOR CERTAIN VET-
‘‘(l) DEFINITIONS.—In this section: CATIONAL INSTITUTIONS CON- ERANS WITH SERVICE-CONNECTED
‘‘(1) The term ‘approved third-party auditor’ VERTED TO NONPROFIT EDU- DISABILITIES.
means an independent third-party auditor that CATIONAL INSTITUTIONS. (a) IN GENERAL.—Section 3103 of title 38,
is approved by the Secretary for purposes of (a) IN GENERAL.—Subchapter II of chapter 36 United States Code, is amended—
third-party audits under this section. of title 38, United States Code, is amended by (1) in subsection (a), by striking ‘‘or (e)’’ and
‘‘(2) The term ‘risk-based survey’ means the adding at the end the following new section: inserting ‘‘(e), or (g)’’; and
risk-based survey developed under section 3673A ‘‘§ 3699B. Treatment of certain for-profit edu- (2) by adding at the end the following new
of this title.’’. cational institutions subsection:
(2) CLERICAL AMENDMENT.—The table of sec- ‘‘(a) IN GENERAL.—In the case of any for-prof- ‘‘(g) Subsection (a) shall not apply to a vet-
tions at the beginning of chapter 36 of such title it educational institution that is converted to a eran who was discharged or released from active
is amended by striking the item relating to sec- nonprofit educational institution, the State ap- military, naval, or air service on or after Janu-
tion 3696 and inserting the following new item: proving agency or the Secretary when acting as ary 1, 2013.’’.
a State approving agency shall conduct annual (b) CONFORMING AMENDMENT.—Section 6(c) of
‘‘3696. Prohibition on certain advertising, sales,
risk-based surveys of the institution during the the Student Veteran Coronavirus Response Act
and enrollment practices.’’.
three-year period beginning on the date on of 2020 (134 Stat. 633; Public Law 116–140) is
(b) REQUIREMENTS FOR NONACCREDITED
which the educational institution is so con- amended by striking paragraph (1).
COURSES.—Paragraph (10) of section 3676(c) of
such title is amended to read as follows: verted. Subtitle B—Pandemic Assistance
‘‘(10) The institution, and any entity that ‘‘(b) RISK-BASED SURVEY DEFINED.—In this SEC. 1101. DEFINITIONS.
owns the institution, does not engage in sub- section, the term ‘risk-based survey’ means the In this subtitle:
stantial misrepresentation described in section risk-based survey developed under section 3673A (1) COVERED PROGRAM OF EDUCATION.—The
3696(e) of this title. The institution shall not be of this title.’’. term ‘‘covered program of education’’ means a
deemed to have met this requirement until the (b) CLERICAL AMENDMENT.—The table of sec- program of education (as defined in section 3002
State approving agency— tions at the beginning of such chapter is amend- of title 38, United States Code) approved by a
‘‘(A) has ascertained that no Federal depart- ed by inserting after the item relating to section State approving agency, or the Secretary of Vet-
ment or agency has taken a punitive action, not 3699A the following new item: erans Affairs when acting in the role of a State
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including a settlement agreement, against the ‘‘3699B. Treatment of certain for-profit edu- approving agency.
school for misleading or deceptive practices; cational institutions.’’. (2) COVID–19 EMERGENCY.—The term
‘‘(B) has, if such an order has been issued, (c) APPLICABILITY.—Section 3699B of title 38, ‘‘COVID–19 emergency’’ means the public
given due weight to that fact; and United States Code, as added by subsection (a), health emergency declared pursuant to section
‘‘(C) has reviewed the complete record of ad- shall apply with respect to the conversion of a 319 of the Public Health Service Act on January
vertising, sales, or enrollment materials (and for-profit educational institution to a nonprofit 31, 2020, entitled ‘‘Determination that a Public
copies thereof) used by or on behalf of the insti- educational institution that occurs on or after Health Emergency Exists Nationwide as the Re-
tution during the preceding 12-month period.’’. the date of the enactment of this Act. sult of the 2019 Novel Coronavirus’’.
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H7178 CONGRESSIONAL RECORD — HOUSE December 16, 2020
(3) EDUCATIONAL INSTITUTION.—The term gram of education in which the individual is en- (2) INDIVIDUAL DESCRIBED.—An individual de-
‘‘educational institution’’ has the meaning rolled during the period for which the indi- scribed in this paragraph is an individual who
given that term in section 3452(c) of title 38, vidual received such assistance, any assistance is pursuing a course of education at an edu-
United States Code, and includes an institution provided pursuant to this section shall not be cational institution under chapter 30, 31, 32, 33,
of higher learning (as defined in such section). counted for purposes of determining the total or 35 of title 38, United States Code, or chapter
(4) STATE APPROVING AGENCY.—The term amount of an individual’s entitlement to edu- 1606 of title 10, United States Code, as of the
‘‘State approving agency’’ has the meaning cational assistance, housing stipends, or pay- date on which the course is disapproved as de-
given that term in section 3671 of title 38, United ments or subsistence allowances under chapters scribed in subsection (b)(1)(B).
States Code. 30, 31, 32, and 35 of such title and chapter 1606 (f) STATUS AS FULL-TIME STUDENT FOR PUR-
(5) TRAINING ESTABLISHMENT.—The term of title 10, United States Code. POSES OF HOUSING STIPEND CALCULATION.—In
‘‘training establishment’’ has the meaning given (e) APPLICABILITY PERIOD.—This section shall the case of an individual who, as of the first
that term in section 3452(e) of title 38, United apply during the period beginning on March 1, day of the COVID–19 emergency was enrolled on
States Code. 2020, and ending on December 21, 2021. a full-time basis in a program of education and
(6) TRAINING.—The term ‘‘training’’ includes SEC. 1103. EFFECTS OF CLOSURE OF EDU- was receiving educational assistance under
on-job training and apprenticeship programs CATIONAL INSTITUTION AND MODI- chapter 33 of title 38, United States Code, or
and vocational rehabilitation programs. FICATION OF COURSES BY REASON subsistence allowance under chapter 31 of such
SEC. 1102. CONTINUATION OF DEPARTMENT OF OF COVID–19 EMERGENCY. title, and for whom the Secretary makes a deter-
VETERANS AFFAIRS EDUCATIONAL (a) CLOSURE OR DISAPPROVAL.—Any payment mination under subsection (b), the individual
ASSISTANCE BENEFITS DURING of educational assistance described in subsection shall be treated as an individual enrolled in a
COVID–19 EMERGENCY. (b) shall not— program of education on a full-time basis for the
(a) AUTHORITY.—If the Secretary of Veterans (1) be charged against any entitlement to edu- purpose of calculating monthly housing stipends
Affairs determines under subsection (c) that an cational assistance of the individual concerned; payable under chapter 33 of title 38, United
individual is negatively affected by the COVID– or States Code, or subsistence allowance payable
19 emergency, the Secretary may provide edu- (2) be counted against the aggregate period for
under chapter 31 of such title, for any month
cational assistance to that individual under the which section 3695 of title 38, United States
the individual is enrolled in the program of edu-
laws administered by the Secretary as if such Code, limits the receipt of educational assistance
cation on a part-time basis to complete any
negative effects did not occur. The authority by such individual.
(b) EDUCATIONAL ASSISTANCE DESCRIBED.— course of education that was partially or fully
under this section is in addition to the authority canceled by reason of the COVID–19 emergency.
provided under section 1 of Public Law 116–128 Subject to subsection (d), the payment of edu-
(g) NOTICE OF CLOSURES.—Not later than 5
(38 U.S.C. 3001 note prec.), but in no case may cational assistance described in this subsection
business days after the date on which the Sec-
the Secretary provide more than a total of four is the payment of such assistance to an indi-
retary receives notice that an educational insti-
weeks of additional educational assistance by vidual for pursuit of a course or program of edu-
tution will close or is closed by reason of the
reason of section 4 of the Student Veteran cation at an educational institution under
COVID–19 emergency, the Secretary shall pro-
Coronavirus Response Act of 2020 (Public Law chapter 30, 31, 32, 33, or 35 of title 38, United
vide to each individual who is enrolled in a
116–140; 38 U.S.C. 3680 note) and this section. States Code, or chapter 1606 of title 10, United
course or program of education at such edu-
(b) HOUSING AND ALLOWANCES.—In providing States Code, if the Secretary determines that the
cational institution using entitlement to edu-
educational assistance to an individual pursu- individual—
(1) was unable to complete such course or pro- cational assistance under chapter 30, 31, 32, 33,
ant to subsection (a), the Secretary may— or 35 of title 38, United States Code, or chapter
(1) continue to pay a monthly housing stipend gram as a result of—
(A) the closure of the educational institution, 1606 of title 10, United States Code, notice of—
under chapter 33 of title 38, United States Code, (1) such closure and the date of such closure;
during a month the individual would have been or the full or partial cancellation of a course or
program of education, by reason of the COVID– and
enrolled in a program of education or training (2) the effect of such closure on the individ-
but for the COVID–19 emergency at the same 19 emergency; or
(B) the disapproval of the course or a course ual’s entitlement to educational assistance pur-
rate such stipend would have been payable if suant to this section.
the individual had not been negatively affected that is a necessary part of that program under
chapter 36 of title 38, United States Code, be- (h) APPLICABILITY.—This section shall apply
by the COVID–19 emergency, except that the with respect to the closure of an educational in-
total number of weeks for which stipends may cause the course was modified by reason of such
emergency; and stitution, or the cancellation or modification of
continue to be so payable may not exceed four a course or program of education, that occurs
(2) did not receive credit or lost training time,
weeks; and during the period beginning on March 1, 2020,
toward completion of the program of education
(2) continue to pay payments or subsistence and ending on December 21, 2021.
being so pursued.
allowances under chapters 30, 31, 32, 33, and 35 SEC. 1104. PAYMENT OF EDUCATIONAL ASSIST-
(c) HOUSING ASSISTANCE.—In this section,
of such title and chapter 1606 of title 10, United ANCE IN CASES OF WITHDRAWAL.
educational assistance includes, as applicable—
States Code, during a month for a period of time (1) monthly housing stipends payable under (a) IN GENERAL.—In the case of any indi-
that the individual would have been enrolled in chapter 33 of title 38, United States Code, for vidual who withdraws from a program of edu-
a program of education or training but for the any month the individual would have been en- cation or training, other than a program by cor-
COVID–19 emergency, except that the total rolled in a course or program of education; and respondence, in an educational institution
number of weeks for which payments or allow- (2) payments or subsistence allowances under under chapter 31, 34, or 35 of title 38, United
ances may continue to be so payable may not chapters 30, 31, 32, and 35 of such title and States Code, for a covered reason during the pe-
exceed four weeks. chapter 1606 of title 10, United States Code, dur- riod beginning on March 1, 2020, and ending on
(c) DETERMINATION OF NEGATIVE EFFECTS.— ing a month the individual would have been en- December 21, 2021, the Secretary of Veterans Af-
The Secretary shall determine that an indi- rolled in a course or program of education. fairs shall find mitigating circumstances for
vidual was negatively affected by the COVID–19 (d) PERIOD NOT CHARGED.—The period for purposes of section 3680(a)(1)(C)(ii) of title 38,
emergency if— which, by reason of this subsection, educational United States Code.
(1) the individual is enrolled in a covered pro- assistance is not charged against entitlement or (b) COVERED REASON.—In this section, the
gram of education of an educational institution counted toward the applicable aggregate period term ‘‘covered reason’’ means any reason re-
or enrolled in training at a training establish- under section 3695 of title 38, United States lated to the COVID–19 emergency, including—
ment and is pursuing such program or training Code, shall not exceed the aggregate of— (1) illness, quarantine, or social distancing re-
using educational assistance under the laws ad- (1) the portion of the period of enrollment in quirements;
ministered by the Secretary; the course from which the individual did not re- (2) issues associated with COVID–19 testing
(2) the educational institution or training es- ceive credit or with respect to which the indi- accessibility;
tablishment certifies to the Secretary that such vidual lost training time, as determined under (3) access or availability of childcare;
program or training is truncated, delayed, relo- subsection (b)(2); and (4) providing care for a family member or co-
cated, canceled, partially canceled, converted (2) the period by which a monthly stipend is habitants;
from being on-site to being offered by distance extended under section 3680(a)(2)(B) of title 38, (5) change of location or residence due to
learning, or otherwise modified or made un- United States Code. COVID–19 or associated school closures;
available by reason of the COVID–19 emergency; (e) CONTINUING PURSUIT OF DISAPPROVED (6) employment changes or financial hardship;
and COURSES.— and
(3) the Secretary determines that the modifica- (1) IN GENERAL.—The Secretary may treat a (7) issues associated with changes in format or
tion to such program or training specified under course of education that is disapproved under medium of instruction.
paragraph (2) would reduce the amount of edu- chapter 36 of title 38, United States Code, as SEC. 1105. MODIFICATION OF TIME LIMITATIONS
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cational assistance (including with respect to being approved under such chapter with respect ON USE OF ENTITLEMENT.
monthly housing stipends, payments, or subsist- to an individual described in paragraph (2) if (a) MONTGOMERY GI BILL.—The subsection (i)
ence allowances) that would be payable to the the Secretary determines, on a programmatic temporarily added to section 3031 of title 38,
individual but for the COVID–19 emergency. basis, that— United States Code, by subsection (a) of section
(d) EFFECT ON ENTITLEMENT PERIOD.—If the (A) such disapproval is the result of an action 6 of the Student Veteran Coronavirus Response
Secretary determines that an individual who re- described in subsection (b)(1)(B); and Act of 2020 (Public Law 116–140) is amended—
ceived assistance under this section did not (B) continuing pursuing such course is in the (1) in paragraph (1), by striking ‘‘the period
make progress toward the completion of the pro- best interest of the individual. the individual is so prevented from pursuing
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7179
such program’’ and inserting ‘‘the period begin- (b) APPLICABILITY PERIOD.—The period de- FESSIONALS TO PERFORM MEDICAL DISABILITY
ning on March 1, 2020, and ending on December scribed in this section is the period beginning on EXAMINATIONS FOR THE DEPARTMENT OF VET-
21, 2021’’; and March 1, 2020, and ending on December 21, 2021. ERANS AFFAIRS UNDER PILOT PROGRAM FOR USE
(2) in paragraph (2), by striking ‘‘the first day SEC. 1107. INCLUSION OF TRAINING ESTABLISH- OF CONTRACT PHYSICIANS FOR DISABILITY EX-
after the individual is able to resume pursuit of MENTS IN CERTAIN PROVISIONS RE- AMINATIONS.—
a program of education with educational assist- LATED TO COVID–19 EMERGENCY. (1) IN GENERAL.—Subsection (c) of section 504
ance under this chapter’’ and inserting ‘‘Decem- (a) CONTINUATION OF BENEFITS.—Section 1 of of the Veterans’ Benefits Improvements Act of
ber 22, 2021’’. Public Law 116–128 is amended— 1996 (Public Law 104–275; 38 U.S.C. 5101 note) is
(b) VOCATIONAL REHABILITATION AND TRAIN- (1) in subsection (a), by inserting ‘‘or a train- amended to read as follows:
ING.—The subsection (g) temporarily added to ing establishment’’ after ‘‘an educational insti- ‘‘(c) LICENSURE OF CONTRACT HEALTH CARE
section 3103 of title 38, United States Code, by tution’’; and PROFESSIONALS.—
subsection (c) of such section 6 is amended— (2) in subsection (c), by adding at the end the ‘‘(1) IN GENERAL.—Notwithstanding any law
following new paragraph: regarding the licensure of health care profes-
(1) in paragraph (1), by striking ‘‘the period
‘‘(4) TRAINING ESTABLISHMENT.—The term sionals, a health care professional described in
the individual is so prevented from participating
‘training establishment’ has the meaning given paragraph (2) may conduct an examination pur-
such program’’ and inserting ‘‘the period begin-
such term in section 3452(e) of title 38, United suant to a contract entered into under sub-
ning on March 1, 2020, and ending on December
States Code.’’. section (a) at any location in any State, the Dis-
21, 2021’’; and
(b) PAYMENT OF ALLOWANCES.—Section 4(a)(1) trict of Columbia, or a Commonwealth, territory,
(2) in paragraph (2), by striking ‘‘the first day of the Student Veteran Coronavirus Response or possession of the United States, so long as the
after the individual is able to resume participa- Act of 2020 (Public Law 116–140; 38 U.S.C. 3680 examination is within the scope of the author-
tion in such program’’ and inserting ‘‘December note) is amended by inserting ‘‘or a training es- ized duties under such contract.
22, 2021’’. tablishment’’ after ‘‘educational institution’’. ‘‘(2) HEALTH CARE PROFESSIONAL DESCRIBED.—
SEC. 1106. APPRENTICESHIP OR ON-JOB TRAIN- (c) PROHIBITION OF CHARGE TO ENTITLE- A health care professional described in this
ING REQUIREMENTS. MENT.—The subparagraph (C) temporarily paragraph is a physician, physician assistant,
(a) IN GENERAL.—During the period described added to section 3699(b)(1) of title 38, United nurse practitioner, audiologist, or psychologist,
in subsection (b), subsection (e) of section 3687 States Code, by section 5 of the Student Veteran who—
of title 38, United States Code, shall be applied Coronavirus Response Act of 2020 (Public Law ‘‘(A) has a current unrestricted license to
by substituting the following for paragraph (2): 116–140; 38 U.S.C. 3699 note) is amended by in- practice the health care profession of the physi-
‘‘(2)(A) Subject to subparagraphs (B) and (C), serting ‘‘or training establishment’’ after ‘‘edu- cian, physician assistant, nurse practitioner,
for any month in which an individual fails to cational institution’’. audiologist, or psychologist, as the case may be;
complete 120 hours of training, the entitlement (d) EXTENSION OF TIME LIMITATIONS.— ‘‘(B) is not barred from practicing such health
otherwise chargeable under paragraph (1) shall (1) MGIB.—The subsection (i) temporarily care profession in any State, the District of Co-
be reduced in the same proportion as the month- added to section 3031 of title 38, United States lumbia, or a Commonwealth, territory, or pos-
ly training assistance allowance payable is re- Code, by subsection (a) of section 6 of the Stu- session of the United States; and
duced under subsection (b)(3). dent Veteran Coronavirus Response Act of 2020 ‘‘(C) is performing authorized duties for the
‘‘(B) In the case of an individual who is un- (Public Law 116–140), as amended by section Department of Veterans Affairs pursuant to a
employed during any month, the 120-hour re- 1105 of this title, is further amended by inserting contract entered into under subsection (a).’’.
quirement under subparagraph (A) for that ‘‘or training establishment’’ after ‘‘educational (2) PURPOSE.—The purpose of the amendment
month shall be reduced proportionately to re- institution’’. made by paragraph (1) is to expand the license
flect the individual’s period of unemployment, (2) TRANSFER PERIOD.—The subparagraph (C) portability for physicians assistants, nurse prac-
except that the amount of monthly training as- temporarily added to section 3319(h)(5) of such titioners, audiologists, and psychologists to sup-
sistance otherwise payable to the individual title by section 6 of the Student Veteran plement the capacity of employees of the De-
under subsection (b)(3) shall not be reduced. Coronavirus Response Act of 2020 (Public Law partment to provide medical examinations de-
‘‘(C) Any period during which an individual 116–140) is amended by inserting ‘‘or training es- scribed in subsection (b).
is unemployed shall not— tablishment’’ after ‘‘educational institution’’. (3) RULE OF CONSTRUCTION.—The amendment
‘‘(i) be charged against any entitlement to SEC. 1108. TREATMENT OF PAYMENT OF ALLOW- made by paragraph (1) shall not be construed to
educational assistance of the individual; or ANCES UNDER STUDENT VETERAN affect the license portability for physicians in
‘‘(ii) be counted against the aggregate period CORONAVIRUS RESPONSE ACT. effect under section 504(c) of such Act as in ef-
for which section 3695 of this title limits the re- Section 4 of the Student Veteran Coronavirus fect on the day before the date of the enactment
ceipt of educational assistance by such indi- Response Act of 2020 (Public Law 116–140) is of this Act.
vidual. amended— (4) SUNSET.—On the date that is three years
‘‘(D) Any amount by which the entitlement of (1) in subsection (b)— after the date of the enactment of this Act, sub-
(A) by striking ‘‘may not exceed four weeks.’’ section (c) of such section shall read as it read
an individual is reduced under subparagraph
and inserting ‘‘may not exceed the shorter of the on the day before the date of the enactment of
(A) shall not—
following:’’; and this Act.
‘‘(i) be charged against any entitlement to (B) by adding at the end the following new (b) TEMPORARY HALT ON ELIMINATION OF
educational assistance of the individual; or paragraphs: MEDICAL EXAMINER POSITIONS IN DEPARTMENT
‘‘(ii) be counted against the aggregate period ‘‘(1) The period of time that the eligible vet- OF VETERANS AFFAIRS.—The Secretary of Vet-
for which section 3695 of this title limits the re- eran or eligible person would have been enrolled erans Affairs shall temporarily suspend the ef-
ceipt of educational assistance by such indi- in a program of education or training but for forts of the Secretary in effect on the day before
vidual. the emergency situation. the date of the enactment of this Act to elimi-
‘‘(E) In the case of an individual who fails to ‘‘(2) Four weeks.’’; and nate medical examiner positions in the Depart-
complete 120 hours of training during a month, (2) by adding at the end the following new ment of Veterans Affairs until the number of in-
but who completed more than 120 hours of train- subsection: dividuals awaiting a medical examination with
ing during the preceding month, the individual ‘‘(e) ENTITLEMENT NOT CHARGED.—Any pay- respect to medical disability of the individuals
may apply the number of hours in excess of 120 ment of allowances under this section shall for benefits under laws administered by the Sec-
that the individual completed for that month to not— retary that are carried out through the Under
the month for which the individual failed to ‘‘(1) be charged against any entitlement to
Secretary for Benefits is equal to or less than
complete 120 hours. If the addition of such ex- educational assistance of the eligible veteran or
the number of such individuals who were await-
cess hours results in a total of 120 hours or eligible person concerned; or
ing such a medical examination with respect to
more, the individual shall be treated as an indi- ‘‘(2) be counted against the aggregate period
such purposes on March 1, 2020.
vidual who has completed 120 hours of training for which section 3695 of this title 38, United
(c) REPORT ON PROVISION OF MEDICAL EXAMI-
for that month. Any excess hours applied to a States Code, limits the receipt of educational as-
NATIONS.—
different month under this subparagraph may sistance by such eligible veteran or eligible per- (1) IN GENERAL.—Not later than 180 days after
only be applied to one such month. son.’’. the date of the enactment of this Act, the Sec-
‘‘(F) This paragraph applies to amounts de- TITLE II—BENEFITS retary shall submit to the appropriate commit-
scribed in section 3313(g)(3)(B)(iv) and section Subtitle A—Benefits Generally tees of Congress a report on the provision of
3032(c)(2) of this title and section 16131(d)(2) of medical examinations described in subsection (b)
SEC. 2001. REVISION OF DEFINITION OF VIETNAM
title 10. ERA FOR PURPOSES OF THE LAWS by the Department.
‘‘(G) In this paragraph: ADMINISTERED BY THE SECRETARY (2) CONTENTS.—The report submitted under
‘‘(i) The term ‘unemployed’ includes being fur- OF VETERANS AFFAIRS. paragraph (1) shall cover the following:
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loughed or being scheduled to work zero hours. Section 101(29)(A) of title 38, United States (A) How the Secretary will increase the capac-
‘‘(ii) The term ‘fails to complete 120 hours of Code, is amended by striking ‘‘February 28, ity, efficiency, and timeliness of physician as-
training’ means, with respect to an individual, 1961’’ and inserting ‘‘November 1, 1955’’. sistants, nurse practitioners, audiologists, and
that during any month, the individual com- SEC. 2002. MATTERS RELATING TO DEPARTMENT psychologists of the Veterans Health Adminis-
pletes at least one hour, but fewer than 120 OF VETERANS AFFAIRS MEDICAL tration with respect to completing medical ex-
hours, of training, including in a case in which DISABILITY EXAMINATIONS. aminations described in subsection (b).
the individual is unemployed for part of, but not (a) TEMPORARY CLARIFICATION OF LICENSURE (B) The total number of full-time equivalent
the whole, month.’’. REQUIREMENTS FOR CONTRACTOR MEDICAL PRO- employees among all physician assistants, nurse
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H7180 CONGRESSIONAL RECORD — HOUSE December 16, 2020
practitioners, audiologists, and psychologists of a person whose name has been entered on the ‘‘(I) are administratively and actuarially
needed for the increases described in subpara- Army, Navy, Air Force, and Coast Guard Medal sound for the insurance program under para-
graph (A). of Honor Roll and a copy of whose certificate graph (1); and
(C) An assessment regarding the importance of has been delivered to the Secretary under sec- ‘‘(II) will not result in such program operating
retaining a critical knowledge base within the tion 1134a(d) of title 10. at a loss; and
Department for performing medical examina- ‘‘(B) No special pension shall be paid to a sur- ‘‘(ii) publishes in the Federal Register, and
tions for veterans filing claims for compensation viving spouse of a person under this section un- submits to the Committee on Veterans’ Affairs of
under chapters 11 and 13 of title 38, United less such surviving spouse was married to such the Senate and the Committee on Veterans’ Af-
States Code, including with respect to military person— fairs of the House of Representatives, such max-
sexual trauma, post-traumatic stress disorder, ‘‘(i) for one year or more prior to the veteran’s imum amount and determination.
traumatic brain injury, and toxic exposure. death; or ‘‘(5)(A)(i) Insurance granted under this sec-
(3) COLLABORATION.—The Secretary shall col- ‘‘(ii) for any period of time if a child was born tion shall be on a nonparticipating basis and all
laborate with the veterans community and of the marriage, or was born to them before the premiums and other collections therefor shall be
stakeholders in the preparation of the report re- marriage. credited directly to a revolving fund in the
quired by paragraph (1). ‘‘(C) No special pension shall be paid to a sur- Treasury of the United States.
(4) APPROPRIATE COMMITTEES OF CONGRESS viving spouse of a person under this section if ‘‘(ii) Any payments on such insurance shall be
DEFINED.—In this subsection, the term ‘‘appro- such surviving spouse is receiving benefits under made directly from such fund.
‘‘(B)(i) The Secretary of the Treasury may in-
priate committees of Congress’’ means— section 1311 or 1318 of this title.’’.
(2) CONFORMING AMENDMENTS.— vest in and sell and retire special interest-bear-
(A) the Committee on Veterans’ Affairs and
(A) IN GENERAL.—Such section is amended— ing obligations of the United States for the ac-
the Committee on Appropriations of the Senate;
(i) in subsection (d), by inserting ‘‘or married count of the revolving fund under subparagraph
and
to more than one person who has been awarded (A).
(B) the Committee on Veterans’ Affairs and
‘‘(ii) Such obligations issued for that purpose
the Committee on Appropriations of the House a medal of honor,’’ after ‘‘honor,’’; and
(ii) in subsection (f)(1), by striking ‘‘this sec- shall—
of Representatives. ‘‘(I) have maturities fixed with due regard for
(d) COMPTROLLER GENERAL OF THE UNITED tion’’ and inserting ‘‘paragraph (1) of sub-
the needs of the fund; and
STATES REVIEW.— section (a), or under paragraph (2) of such sub- ‘‘(II) bear interest at a rate equal to the aver-
(1) REVIEW REQUIRED.—Not later than 360 section in the case of a posthumous entry on the age market yield (computed by the Secretary of
days after the date of the enactment of this Act, Army, Navy, Air Force, and Coast Guard Medal the Treasury on the basis of market quotations
the Comptroller General of the United States of Honor Roll,’’. as of the end of the calendar month preceding
shall commence a review of the implementation (B) SPECIAL PROVISIONS RELATING TO MAR- the date of issue) on all marketable interest-
of the pilot program authorized under sub- RIAGES.—Section 103(d)(5) of such title is amend- bearing obligations of the United States then
section (a) of section 504 of the Veterans’ Bene- ed by adding at the end the following new sub- forming a part of the public debt which are not
fits Improvements Act of 1996 (Public Law 104– paragraph: due or callable until after the expiration of four
275; 38 U.S.C. 5101 note). ‘‘(E) Section 1562(a)(2), relating to Medal of years from the end of such calendar month; ex-
(2) ELEMENTS.—The review conducted under Honor special pension.’’. cept that where such average market yield is not
paragraph (1) shall include the following: (3) EFFECTIVE DATE.—The amendments made a multiple of one-eighth of one per centum, the
(A) An assessment of the use of subsection (c) by this subsection shall apply with respect to rate of interest of such obligation shall be the
of section 504 of such Act, as amended by sub- payment of pension under section 1562 of title multiple of one-eighth of one per centum nearest
section (a)(1) of this section. 38, United States Code, for months beginning such market yield.
(B) Efforts to retain and recruit medical exam- after the date of the enactment of this Act. ‘‘(6)(A) Administrative support financed by
iners as employees of the Department. SEC. 2004. MODERNIZATION OF SERVICE-DIS- the appropriations for ‘General Operating Ex-
(C) Use of telehealth for medical examinations ABLED VETERANS INSURANCE. penses, Department of Veterans Affairs’ and
described in subsection (b) that are administered (a) ESTABLISHMENT OF MODERNIZED PRO- ‘Information Technology Systems, Department
by the Department. GRAM.— of Veterans Affairs’ for the insurance program
(e) BRIEFING ON RECOMMENDATIONS OF COMP- (1) IN GENERAL.—Chapter 19 of title 38, United under paragraph (1) shall be paid from pre-
TROLLER GENERAL OF THE UNITED STATES.—Not States Code, is amended by inserting after sec- miums credited to the fund under paragraph (5).
later than 60 days after the date of the enact- tion 1922A the following new section: ‘‘(B) Such payment for administrative support
ment of this Act, the Secretary shall provide to ‘‘§ 1922B. Service-disabled veterans insurance shall be reimbursed for that fiscal year from
the Committee on Veterans’ Affairs of the Sen- ‘‘(a) INSURANCE.—(1) Beginning January 1, funds that are available on such insurance after
ate and the Committee on Veterans’ Affairs of 2023, the Secretary shall carry out a service-dis- claims have been paid.
the House of Representatives a briefing on how abled veterans insurance program under which ‘‘(b) ELIGIBILITY.—A veteran is eligible to en-
the Secretary will implement the recommenda- a veteran is granted insurance by the United roll in the insurance program under subsection
tions of the Comptroller General of the United States against the death of such individual oc- (a)(1) if the veteran has a service-connected dis-
States regarding— curring while such insurance is in force. ability, without regard to—
(1) the monitoring of the training of providers ‘‘(2) The Secretary may only issue whole-life ‘‘(1) whether such disability is compensable
of examinations pursuant to contracts under policies under the insurance program under under chapter 11 of this title; or
section 504 of the Veterans’ Benefits Improve- ‘‘(2) whether the veteran meets standards of
paragraph (1).
ments Act of 1996 (Public Law 104–275; 38 U.S.C. good health required for other life insurance
‘‘(3) The Secretary may not grant insurance to
5101 note); and policies.
a veteran under paragraph (1) unless— ‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1)
(2) ensuring such providers receive such train- ‘‘(A) the veteran submits the application for
ing. An eligible veteran may enroll in the insurance
such insurance before the veteran attains 81
(f) HOLDING UNDERPERFORMING CONTRACT program under subsection (a)(1) at any time.
years of age; or ‘‘(2) The life insurance policy of a veteran
MEDICAL EXAMINERS ACCOUNTABLE.—The Sec- ‘‘(B) with respect to a veteran who has at-
retary shall take such actions as may be nec- who enrolls in the insurance program under
tained 81 years of age— subsection (a)(1) does not go into force unless—
essary to hold accountable the providers of med- ‘‘(i) the veteran filed a claim for compensation
ical examinations pursuant to contracts under ‘‘(A) a period of two years elapses following
under chapter 11 of this title before attaining the date of such enrollment; and
section 504 of the Veterans’ Benefits Improve- such age; ‘‘(B) the veteran pays the premiums required
ments Act of 1996 (Public Law 104–275; 38 U.S.C. ‘‘(ii) based on such claim, and after the vet- during such two-year period.
5101 note) who are underperforming in the meet- eran attained such age, the Secretary first de- ‘‘(3)(A) If a veteran dies during the two-year
ing of the needs of veterans through the per- termines that the veteran has a service-con- period described in paragraph (2), the Secretary
formance of medical examinations pursuant to nected disability; and shall pay to the beneficiary of the veteran the
such contracts. ‘‘(iii) the veteran submits the application for amount of premiums paid by the veteran under
SEC. 2003. MEDAL OF HONOR SPECIAL PENSION such insurance during the two-year period fol- this section, plus interest.
FOR SURVIVING SPOUSES. lowing the date of such determination. ‘‘(B) The Secretary—
(a) CODIFICATION OF CURRENT RATE OF SPE- ‘‘(4)(A) A veteran enrolled in the insurance ‘‘(i) for the initial year of the insurance pro-
CIAL PENSION.—Subsection (a) of section 1562 of program under paragraph (1) may elect to be in- gram under subsection (a)(1)—
title 38, United States Code, is amended by strik- sured in any of the following amounts: ‘‘(I) shall set such interest at a rate of one
ing ‘‘$1,000’’ and inserting ‘‘$1,388.68’’. ‘‘(i) $10,000. percent; and
(b) SPECIAL PENSION FOR SURVIVING ‘‘(ii) $20,000. ‘‘(II) may adjust such rate during such year
SPOUSES.— ‘‘(iii) $30,000. based on program experience, except that the in-
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(1) SURVIVING SPOUSE BENEFIT.—Such sub- ‘‘(iv) $40,000. terest rate may not be less than zero percent;
section is further amended— ‘‘(v) In accordance with subparagraph (B), a ‘‘(ii) for the second and each subsequent year
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and maximum amount greater than $40,000. of the program, shall calculate such interest at
(B) by adding at the end the following new ‘‘(B) The Secretary may establish a maximum an annual rate equal to the rate of return on
paragraph: amount to be insured under paragraph (1) that the revolving fund under subsection (a)(5) for
‘‘(2)(A) Except as provided in subparagraphs is greater than $40,000 if the Secretary— the calendar year preceding the year of the vet-
(B) and (C), the Secretary shall pay special pen- ‘‘(i) determines that such maximum amount eran’s death, except that the interest rate may
sion under this section to the surviving spouse and the premiums for such amount— not be less than zero percent; and
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7181
‘‘(iii) on an annual basis, shall publish on the the end of the period described in such para- ‘‘(A) Each reason for that denial, including a
internet website of the Department the average graph, if the Secretary receives a complete and description of all the information upon which
interest rate calculated under clause (ii) for the valid claim for payment. the denial is based and a description of the ap-
preceding calendar year. ‘‘(2) In a case where the Secretary has not plicable laws, regulations, or policies, with ap-
‘‘(d) PREMIUMS.—(1) The Secretary shall es- made an insurance payment under this section propriate citations, and an explanation of how
tablish a schedule of basic premium rates by age during the applicable period specified in para- such laws, regulations, or policies affected the
per $10,000 of insurance under subsection (a)(1) graph (1) by reason of a beneficiary not yet hav- denial.
consistent with basic premium rates generally ing filed a claim, or the Secretary not yet mak- ‘‘(B) Each finding that is favorable to the
charged for guaranteed acceptance life insur- ing a determination under subsection (f)(3), the member.
ance policies by private life insurance compa- Secretary may make the payment after such ap- ‘‘(2) Any finding favorable to the member as
nies. plicable period. described in paragraph (1)(B) shall be binding
‘‘(2) The Secretary may adjust such schedule ‘‘(3) Notwithstanding section 1917 of this title, on all subsequent reviews or appeals of the de-
after the first policy year in a manner consistent the Secretary shall make an insurance payment nial of the claim, unless clear and convincing
with the general practice of guaranteed accept- under this section in a lump sum. evidence is shown to the contrary to rebut such
ance life insurance policies issued by private life ‘‘(4) The Secretary may not make an insur- favorable finding.’’.
insurance companies. ance payment under this section if such pay- SEC. 2006. PUBLICATION AND ACCEPTANCE OF
‘‘(3) Section 1912 of this title shall not apply ment will escheat to a State. DISABILITY BENEFIT QUESTION-
to life insurance policies under subsection (a)(1), ‘‘(5) Any payment under this subsection shall NAIRE FORMS OF DEPARTMENT OF
and the Secretary may not otherwise waive pre- VETERANS AFFAIRS.
be a bar to recovery by any other person.’’.
miums for such insurance policies. (2) CLERICAL AMENDMENT.—The table of sec- (a) IN GENERAL.—Section 5101 of title 38,
‘‘(e) BENEFICIARIES.—(1) A veteran who en- tions at the beginning of such chapter is amend- United States Code, is amended—
rolls in the insurance program under subsection ed by inserting after the item relating to section (1) by redesignating subsection (d) as sub-
(a)(1) may designate a beneficiary of the life in- 1922A the following new item: section (e); and
surance policy. (2) by inserting after subsection (c) the fol-
‘‘1922B. Service-disabled veterans insurance.’’. lowing new subsection (d):
‘‘(2) If a veteran enrolled in the insurance (b) SUNSET OF PREVIOUS PROGRAM AND TRAN-
program under subsection (a)(1) does not des- ‘‘(d)(1) The Secretary shall publish in a cen-
SITION.— tral location on the internet website of the De-
ignate a beneficiary under paragraph (1) before (1) S–DVI.—Section 1922 of such title is
the veteran dies, or if a designated beneficiary partment—
amended by adding at the end the following ‘‘(A) the disability benefit questionnaire forms
predeceases the veteran, the Secretary shall de- new subsection: of the Department for the submittal of evidence
termine the beneficiary in the following order: ‘‘(d)(1) The Secretary may not accept any ap- from non-Department medical providers regard-
‘‘(A) The surviving spouse of the veteran. plication by a veteran to be insured under this
‘‘(B) The children of the veteran and descend- ing a disability of a claimant, including any
section after December 31, 2022. form or process that replaces any such disability
ants of deceased children by representation. ‘‘(2)(A) During the period beginning January
‘‘(C) The parents of the veteran or the sur- benefit questionnaire form; and
1, 2023, and ending December 31, 2025, a veteran ‘‘(B) details about the process used by the De-
vivors of the parents.
who is insured under this section may elect to partment for submittal of evidence described in
‘‘(D) The duly appointed executor or adminis-
instead be insured under section 1922B of this subparagraph (A).
trator of the estate of the veteran.
title based on the age of the veteran at the time ‘‘(2) Subject to section 6103 of this title, if the
‘‘(E) Other next of kin of the veteran entitled
of such election. Secretary updates a form described in para-
under the laws of domicile of the veteran at the
‘‘(B)(i) A veteran who elects under subpara- graph (1)(A), the Secretary shall—
time of the death of the veteran.
graph (A) to be insured under section 1922B of ‘‘(A) accept the previous version of the form
‘‘(f) CLAIMS.—(1) If the deceased veteran des-
this title shall be subject to the two-year waiting filed by a claimant if—
ignated a beneficiary under subsection (e)(1)— ‘‘(i) the claimant provided to the non-Depart-
‘‘(A) the designated beneficiary is the only period specified in subsection (c) of such section.
‘‘(ii) If the veteran dies during such period, ment medical provider the previous version of
person who may file a claim for payment under
the Secretary shall pay the beneficiary under the form before the date on which the updated
subsection (g) during the one-year period begin-
this section, and, if applicable, under section version of the form was made available; and
ning on the date of the death of the veteran; ‘‘(ii) the claimant files the previous version of
and 1922A, plus the amount of premiums paid by the
veteran under such section 1922B, plus interest. the form during the one-year period following
‘‘(B) if the designated beneficiary does not file the date the form was completed by the non-De-
a claim for the payment during the period de- ‘‘(3) Except as provided by paragraph (2)(B),
a veteran may not be insured under this section partment medical provider;
scribed in paragraph (1), or if payment to the ‘‘(B) request from the claimant (or from a
designated beneficiary within that period is pro- and section 1922B simultaneously.’’.
(2) SUPPLEMENTAL S–DVI.—Section 1922A(b) of non-Department medical provider if the claim-
hibited by Federal statute or regulation, a bene- ant has authorized the provider to share health
ficiary described in subsection (e)(2) may file a such title is amended by adding after the period
at the end the following: ‘‘The Secretary may information with the Secretary) any other infor-
claim for such payment during the one-year pe- mation that the updated version of the form re-
riod following the period described in subpara- not accept any such application after December
31, 2022. Except as provided by section quires; and
graph (A) as if the designated beneficiary had ‘‘(C) apply the laws and regulations required
predeceased the veteran. 1922(d)(2)(B), a veteran may not have supple-
mental insurance under this section and be in- to adjudicate the claim as if the claimant filed
‘‘(2) If the deceased veteran did not designate the updated version of the form.
a beneficiary under subsection (e)(1), or if the sured under section 1922B simultaneously.’’.
‘‘(3) The Secretary may waive any inter-
designated beneficiary predeceased the veteran, (c) CONFORMING AMENDMENTS.—Chapter 19 of
agency approval process required to approve a
a beneficiary described in subsection (e)(2) may such title is amended—
modification to a disability benefit questionnaire
file a claim for payment under subsection (g) (1) in the section heading of section 1922, by
form if such requirement only applies by reason
during the two-year period beginning on the striking ‘‘Service’’ and inserting ‘‘Legacy serv-
of the forms being made public.’’.
date of the death of the veteran. ice’’;
(b) REPORTS BY INSPECTOR GENERAL OF THE
‘‘(3) If, on the date that is two years after the (2) in the section heading of section 1922A, by
DEPARTMENT OF VETERANS AFFAIRS.—Not less
date of the death of the veteran, no claim for striking ‘‘Supplemental’’ and inserting ‘‘Leg-
frequently than once each year through 2023,
payment has been filed by any beneficiary pur- acy supplemental’’; and
the Inspector General of the Department of Vet-
suant to paragraph (1) or (2), and the Secretary (3) in the table of sections at the beginning of
erans Affairs shall submit to Congress a report
has not received notice that any such claim will such chapter by striking the items relating to
on the findings of the Inspector General with re-
be so filed during the subsequent one-year pe- sections 1922 and 1922A and inserting the fol-
spect to the use of the forms published under
riod, the Secretary may make the payment to a lowing new items:
section 5101(d)(1) of such title, as added by sub-
claimant whom the Secretary determines to be ‘‘1922. Legacy service disabled veterans’ insur- section (a).
equitably entitled to such payment. ance. (c) INITIAL FORM.—The Secretary of Veterans
‘‘(g) PAYMENTS.—(1) In a case described in ‘‘1922A. Legacy supplemental service disabled Affairs shall begin carrying out section
subsection (f)— veterans’ insurance for totally 5101(d)(1) of such title, as added by subsection
‘‘(A) in paragraph (1)(A), the Secretary shall disabled veterans.’’. (a), by publishing, as described in such section,
pay the designated beneficiary not later than 90 SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC the form described in such section that was in
days after the designated beneficiary files a INJURY PROTECTION UNDER effect on January 1, 2020.
complete and valid claim for payment; SERVICEMEMBERS’ GROUP LIFE IN- (d) ALTERNATE PROCESS.—
‘‘(B) in paragraph (1)(B) or (2), the Secretary SURANCE. (1) ASSESSMENT AND REPORT.—
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shall make any payment not later than one year Section 1980A of title 38, United States Code, (A) IN GENERAL.—Subject to paragraph (2),
after the end of the period described in the ap- is amended by adding at the end the following not later than 180 days after the date of the en-
plicable such paragraph, if the Secretary re- new subsection: actment of this act, the Secretary shall—
ceives a complete and valid claim for payment in ‘‘(l)(1) If a claim for benefits under this sec- (i) assess the feasibility and advisability of re-
accordance with the applicable such paragraph; tion is denied, the Secretary concerned shall placing disability benefit questionnaire forms
or provide to the member at the same time as the that are used by non-Department medical pro-
‘‘(C) in paragraph (3), the Secretary shall member is informed of such denial a description viders to submit to the Secretary evidence re-
make any payment not later than one year after of the following: garding a disability of a claimant for benefits
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H7182 CONGRESSIONAL RECORD — HOUSE December 16, 2020
under laws administered by the Secretary, with ‘‘§ 5320. Threshold for reporting debts to con- ing by gathering such information as the Ad-
another consistent process that considers evi- sumer reporting agencies ministrator may consider useful in carrying out
dence equally, whether provided by a Depart- ‘‘The Secretary shall prescribe regulations the study.
ment or a non-Department medical provider; that establish the minimum amount of a claim or (2) OBTAINING INFORMATION CONCERNING EX-
and debt, arising from a benefit administered by the POSURE.—Assistance under paragraph (1) pro-
(ii) submit to Congress— Under Secretary for Benefits or Under Secretary vided by the Secretary of Veterans Affairs shall
(I) a report on the findings of the Secretary for Health, that the Secretary will report to a include compiling information on exposure de-
with respect to the assessment conducted under consumer reporting agency under section 3711 of scribed in subsection (a)(2) and the Secretary of
clause (i); and title 31.’’. Defense shall provide to the Secretary of Vet-
(II) if the report submitted under subclause (I) (b) CLERICAL AMENDMENT.—The table of sec- erans Affairs such information concerning such
of this clause includes a finding that replacing tions at the beginning of such chapter is amend- exposure as the Secretary of Veterans Affairs
the disability benefit questionnaire forms de- ed by adding after the item relating to section considers appropriate for purposes of the study
scribed in clause (i) as described in such clause 5319 the following new item: required by subsection (a), including environ-
is feasible and advisable, a plan to replace such ‘‘5320.Threshold for reporting debts to consumer mental sampling data relative to any location
forms as described in such clause. reporting agencies.’’. covered by the study.
(B) COLLABORATION REQUIRED.—If, in car- (c) DEADLINE.—The Secretary of Veterans Af- (e) BIENNIAL UPDATES.—No later than the
rying out the assessment required by clause (i) fairs shall prescribe regulations under section date that is two years after the date of the en-
of subparagraph (A), the Secretary determines 5320 of such title, as added by subsection (a), actment of this Act and not less frequently than
that replacing the disability benefit question- not later than 180 days after the date of the en- once every two years thereafter until the date
naire forms described in such clause as described actment of this Act. on which the study required by subsection (a) is
in such clause is feasible and advisable, the Sec- completed, the Administrator shall submit to the
SEC. 2008. REMOVAL OF DEPENDENTS FROM
retary shall collaborate with, partner with, and AWARD OF COMPENSATION OR PEN- appropriate committees of Congress updates on
consider the advice of veterans service organiza- SION. the status of the matters covered by such study,
tions, and such other stakeholders as the Sec- Beginning not later than 90 days after the including any preliminary findings of the Ad-
retary considers appropriate, on the replacement date of the enactment of this Act, the Secretary ministrator.
forms and process for submitting such forms. of Veterans Affairs shall ensure that— (f) FINAL REPORT.—Not later than 60 days
(2) REQUIREMENTS.—The Secretary may only (1) the recipient of an award of compensation after the date on which the study required by
determine under paragraph (1)(A) that replac- or pension may remove any dependent from an subsection (a) is completed, the Administrator
ing the forms described in such paragraph is award of compensation or pension to the indi- shall submit to the appropriate committees of
feasible and advisable if the Secretary certifies vidual using the eBenefits system of the Depart- Congress a report on the findings of the Admin-
that— ment of Veterans Affairs, or a successor system; istrator with respect to such study.
(A) it is in the best interest of veterans to do and
so; (g) INCLUSION OF UZBEKISTAN IN CERTAIN
(2) such removal takes effect not later than 60 REGISTRIES AND PROGRAMS.—Section 201(c)(2) of
(B) the replacement process would include all days after the date on which the recipient elects
the medical information needed to adjudicate a the Dignified Burial and Other Veterans’ Bene-
such removal. fits Improvement Act of 2012 (Public Law 112–
claim for benefits under laws administered by
SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND 260; 38 U.S.C. 527 note) is amended, in the mat-
the Secretary; and INDEMNITY COMPENSATION FOR
(C) the new process will ensure that all med- ter preceding subparagraph (A), by striking
SURVIVING SPOUSES WHO REMARRY
ical information provided will be considered AFTER AGE 55.
‘‘Afghanistan or Iraq’’ and inserting ‘‘Afghani-
equally, whether it is provided by a Department stan, Iraq, or Uzbekistan’’.
Section 103(d)(2)(B) of title 38, United States
medical provider or a non-Department medical Code, is amended in the second sentence by in- (h) DEPLETED URANIUM FOLLOW-UP PRO-
provider. serting ‘‘chapter 13 or’’ after ‘‘benefits under’’. GRAMS.—The Secretary of Veterans Affairs shall
(3) IMPLEMENTATION.— SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF
ensure that any individual who deployed as a
(A) IN GENERAL.—Subject to subparagraph THE ARMED FORCES TO TOXICANTS member of the Armed Forces to the covered loca-
(B), if the Secretary determines under para- AT KARSHI-KHANABAD AIR BASE IN tion set forth in subsection (b) during the cor-
graph (1)(A) that replacing the forms as de- UZBEKISTAN. responding period set forth in such subsection is
scribed in such paragraph is feasible and advis- (a) AGREEMENT AND STUDY.—Not later than 60 covered by the Depleted Uranium Follow-up
able, the Secretary shall, not later than two days after the date of the enactment of this Act, Programs of the Department of Veterans Affairs.
years after the date on which the Secretary sub- the Secretary of Veterans Affairs shall enter (i) APPROPRIATE COMMITTEES OF CONGRESS
mits the report under paragraph (1)(B)(i)— into an agreement with the Administrator of the DEFINED.—In this section, the term ‘‘appro-
(i) replace the forms as described in paragraph Agency for Toxic Substances and Disease Reg- priate committees of Congress’’ means—
(1)(A); istry for the Administrator to complete, not later (1) the Committee on Veterans’ Affairs and
(ii) publish such replacement pursuant to sub- than 10 years after the date of the enactment of the Committee on Armed Services of the Senate;
paragraph (A) of section 5101(d)(1), as added by this Act, a study to identify— and
subsection (a)(2); and (1) incidents of cancer and other diseases or
(2) the Committee on Veterans’ Affairs and
(iii) update the details under subparagraph illnesses experienced by individuals who served
the Committee on Armed Services of the House
(B) of such section. in the active military, naval, or air service (as
of Representatives.
(B) REPORTS BY INSPECTOR GENERAL OF THE defined in section 101 of title 38, United States
DEPARTMENT OF VETERANS AFFAIRS.—If the Sec- Code) in the covered location set forth under SEC. 2011. COMPTROLLER GENERAL BRIEFING
retary replaces the forms under subparagraph subsection (b) during the corresponding period AND REPORT ON REPEALING MANI-
FESTATION PERIOD FOR PRESUMP-
(A), the Inspector General of the Department of set forth under such subsection; and TIONS OF SERVICE CONNECTION
Veterans Affairs shall, not later than one year (2) a list of toxic substances, chemicals, ion- FOR CERTAIN DISEASES ASSOCI-
after the date that the Secretary replaces such izing radiation, and airborne hazards such indi- ATED WITH EXPOSURE TO CERTAIN
forms and not less frequently than once each viduals may have been exposed to during such HERBICIDE AGENTS.
year thereafter until the date that is three years service. (a) IN GENERAL.—Not later than one year
after the date on which the Secretary replaces (b) COVERED LOCATION AND CORRESPONDING after the date of the enactment of this Act, the
such forms, submit to Congress a report on the PERIOD.—The covered location and cor- Comptroller General of the United States shall
process that replaced such forms that ascertains responding period set forth under this sub- provide to the Committee on Veterans’ Affairs of
whether the process properly protects veterans. section are Karshi-Khanabad (K2) Air Base in the Senate and the Committee on Veterans’ Af-
(4) LIMITATION.—The Secretary may not dis- Uzbekistan and the period beginning on October fairs of the House of Representatives a briefing
continue the use of the disability benefit ques- 1, 2001, and ending on September 30, 2005. on preliminary observations of the Comptroller
tionnaire forms described in paragraph (1)(A) (c) ELEMENTS.—The study conducted under General, and not later than 240 days after the
until a replacement form or process is imple- subsection (a) shall include the following: date of such briefing, provide such committees a
mented. (1) An assessment regarding the conditions of briefing and submit to such committees a final
(e) RULE OF CONSTRUCTION.—Nothing in this the covered location set forth under subsection report, on the efforts of the Secretary of Vet-
section or section 5101(d) of such title, as added (b), including an identification of toxic sub- erans Affairs to provide benefits, including com-
by subsection (a), may be construed to require stances, chemicals, ionizing radiation, and air- pensation and health care, to veterans—
the Secretary to develop any new information borne hazards contaminating such covered loca-
technology system or otherwise require the Sec- tion during such corresponding period. (1) who during active military, naval, or air
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retary to make any significant changes to the (2) An epidemiological study of the health service, served in the Republic of Vietnam dur-
internet website of the Department. consequences of the service described in sub- ing the period beginning on January 9, 1962,
section (a) to the individuals described in such and ending on May 7, 1975; and
SEC. 2007. THRESHOLD FOR REPORTING DEBTS
TO CONSUMER REPORTING AGEN- subsection. (2) in whom chloracne, porphyria cutanea
CIES. (d) SUPPORT FOR STUDY.— tarda, or acute or subacute peripheral neurop-
(a) IN GENERAL.—Chapter 53 of title 38, (1) IN GENERAL.—The Secretary shall provide athy have manifested.
United States Code, is amended by adding after the Administrator with assistance in carrying (b) ELEMENTS.—The report required by sub-
section 5319 the following new section: out the study required by subsection (a), includ- section (a) shall include the following:
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7183
(1) A description of how the Secretary estab- spect to full-time National Guard duty (as de- ‘‘(4)(A) The recovery of any overpayment re-
lishes a service connection for a diseases de- fined in section 101 of title 10, United States ferred to in this subsection may be waived by
scribed in paragraph (2) of subsection (a) mani- Code) performed before, on, or after the date of the Secretary.
festing in veterans, including the number of vet- the enactment of this Act. ‘‘(B) Waiver of any such overpayment as to a
erans described in paragraph (1) of such sub- SEC. 2102. REDUCING LOAN FEES FOR CERTAIN person described in paragraph (2) shall in no
section who have filed a claim for a benefit as- VETERANS AFFECTED BY MAJOR way release any other person described in such
sociated with a disease described in paragraph DISASTERS. paragraph from liability.
(2) of such subsection. Section 3729(b)(4) of title 38, United States ‘‘(5) The Secretary shall waive recovery under
(2) A description of how claims adjudicators of Code, is amended— this subsection of any overpayment to a person
the Department of Veterans Affairs determine (1) by amending subparagraph (D) to read as described in paragraph (2)(A), or a dependent or
service connection for a disease described in follows: survivor of such person, that arises from admin-
subparagraph (C) or (E) of section 1116(a)(2) of ‘‘(D)(i) The term ‘initial loan’ means a loan to istrative error described in paragraph (7)(A).
title 38, United States Code, when documenta- a veteran guaranteed under section 3710 or ‘‘(6) Nothing in this subsection shall be con-
tion proving the presence of the disease during made under section 3711 of this title if the vet- strued as precluding the imposition of any civil
the manifestation period set forth in such sub- eran has never obtained a loan guaranteed or criminal liability under this title or any other
paragraphs for the disease is not available. under section 3710 or made under section 3711 of law.
(3) A description of the expected effect of re- this title. ‘‘(7) The Secretary shall prescribe in regula-
pealing the manifestation period from such sub- ‘‘(ii) If a veteran has obtained a loan guaran- tions what constitutes an overpayment for the
paragraphs, including the expected effect on the teed under section 3710 or made under section purposes of this subsection, which, at a min-
number of claims for benefits the Department 3711 of this title and the dwelling securing such imum, shall include—
will receive, an estimate of the cost to the De- loan was substantially damaged or destroyed by ‘‘(A) administrative error that results in an
partment of such repeal, and a review of the sci- a major disaster declared by the President under individual receiving assistance to which that in-
entific evidence regarding such repeal. section 401 of the Robert T. Stafford Disaster dividual is not entitled;
(4) A review of all claims submitted to the Sec- Relief and Emergency Assistance Act (42 U.S.C. ‘‘(B) the failure of any person described in
retary for compensation under chapter 11 of 5170), the Secretary shall treat as an initial paragraph (2) to—
such title that are associated with a disease de- loan, as defined in clause (i), the next loan the ‘‘(i) perform or allow to be performed any act
scribed in subsection (a)(2), including the type Secretary guarantees or makes to such veteran relating to assistance under this chapter; or
of proof presented to establish a service connec- under section 3710 or 3711, respectively, if— ‘‘(ii) compensate any party performing serv-
tion for the manifestation of the disease based ‘‘(I) such loan is guaranteed or made before ices or supplying goods relating to assistance
on exposure to a herbicide agent. the date that is three years after the date on under this chapter; and
(5) Recommendations on how the Department which the dwelling was substantially damaged ‘‘(C) any disbursement of funds relating to as-
can better adjudicate claims for benefits, includ- or destroyed; and sistance under this chapter, that, in the sole dis-
ing compensation, submitted to the Department ‘‘(II) such loan is only for repairs or construc- cretion of the Secretary, constitutes a misuse of
that are associated with a disease described in tion of the dwelling, as determined by the Sec- such assistance.
paragraph (2) of subsection (a) for veterans de- retary.’’; and ‘‘(8) Prior to collecting an overpayment under
scribed in paragraph (1) of such subsection. (2) in subparagraph (E), by striking ‘‘if the this subsection, the Secretary shall provide to
(6) An assessment of such other areas as the veteran has previously obtained a loan guaran- the person whom the Secretary has determined
Comptroller General considers appropriate to teed under section 3710 or made under section liable for such overpayment—
study. 3711 of this title’’ and inserting ‘‘that is not an ‘‘(A) notice of the finding by the Secretary of
(c) ADMINISTRATIVE ACTION.—Not later than initial loan’’. such overpayment;
120 days after the date on which the Comp- SEC. 2103. EXTENSION OF CERTAIN HOUSING ‘‘(B) a reasonable opportunity for such person
troller General of the United States submits the LOAN FEES. to remedy the circumstances that effectuated the
report required under subsection (a), the Sec- Section 3729(b)(2) of title 38, United States overpayment; and
retary shall commence carrying out the rec- Code, is amended by striking ‘‘October 1, 2029’’ ‘‘(C) a reasonable opportunity for such person
ommendations submitted under subsection (b)(5) each place it appears and inserting ‘‘October 1, to present evidence to the Secretary that an
to the degree that the Secretary is authorized to 2030’’. overpayment was not made.
carry out the recommendations by a statute that SEC. 2104. COLLECTION OF OVERPAYMENTS OF ‘‘(9) For the purposes of section 511 of this
was in effect on the day before the date of the SPECIALLY ADAPTED HOUSING AS- title, a decision to collect an overpayment from
enactment of this Act. SISTANCE. a person other than a person described in para-
(d) HERBICIDE AGENT DEFINED.—In this sec- Section 2102 of title 38, United States Code, is graph (2)(A), or a dependent or survivor of such
tion, the term ‘‘herbicide agent’’ has the mean- amended by adding at the end the following person, may not be treated as a decision that af-
ing given such term in section 1116(a)(3) of title new subsection: fects the provision of benefits.’’.
38, United States Code. ‘‘(g)(1) Whenever the Secretary finds that an
SEC. 2012. EXTENSION OF AUTHORITY OF SEC-
Subtitle C—Burial Matters
overpayment has been made to, or on behalf of,
RETARY OF VETERANS AFFAIRS TO SEC. 2201. TRANSPORTATION OF DECEASED VET-
USE INCOME INFORMATION FROM
a person described in paragraph (2), the Sec- ERANS TO VETERANS’ CEMETERIES.
OTHER AGENCIES. retary shall determine—
(a) IN GENERAL.—Subsection (a) of section
Section 5317(g) of title 38, United States Code, ‘‘(A) the amounts to recover, if any; and
‘‘(B) who is liable to the United States for 2308 of title 38, United States Code, is amended
is amended by striking ‘‘September 30, 2027’’ and by striking ‘‘in a national cemetery’’ and insert-
inserting ‘‘September 30, 2030’’. such overpayment.
‘‘(2) A person described in this paragraph is ing ‘‘in a national cemetery or a covered vet-
SEC. 2013. EXTENSION ON CERTAIN LIMITS ON erans’ cemetery’’.
PAYMENTS OF PENSION. any of the following:
‘‘(A) An individual who applied for assist- (b) COVERED VETERANS’ CEMETERY DE-
Section 5503(d)(7) of title 38, United States FINED.—Section 2308 of such title is amended by
Code, is amended by striking ‘‘September 30, ance—
‘‘(i) under this chapter; or adding at the end the following new subsection:
2028’’ and inserting ‘‘October 30, 2028’’. ‘‘(c) COVERED VETERANS’ CEMETERY DE-
‘‘(ii) under chapter 31 of this title who is pur-
Subtitle B—Housing suing a rehabilitation program under such FINED.—In this section, the term ‘covered vet-
SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF chapter in acquiring adaptations to a residence. erans’ cemetery’ means a veterans’ cemetery—
THE RESERVE COMPONENTS OF THE ‘‘(B) An owner or seller of real estate used, or ‘‘(1) in which a deceased veteran described in
ARMED FORCES FOR HOME LOANS subsection (b) is eligible to be buried;
intended to be used, in connection with assist-
FROM THE SECRETARY OF VET- ‘‘(2) that—
ERANS AFFAIRS. ance under this chapter.
‘‘(C) A builder, contractor, supplier, ‘‘(A) is owned by a State; or
(a) EXPANSION OF DEFINITION OF VETERAN ‘‘(B) is on trust land owned by, or held in
FOR PURPOSES OF HOME LOANS.—Section 3701(b)
tradesperson, corporation, trust, partnership, or
other person, who provided services or goods re- trust for, a tribal organization; and
of title 38, United States Code, is amended by ‘‘(3) for which the Secretary has made a grant
adding at the end the following new paragraph: lating to assistance under this chapter.
‘‘(D) An attorney, escrow agent, or financial under section 2408 of this title.’’.
‘‘(7) The term ‘veteran’ also includes, for pur- (c) CONFORMING AMENDMENT.—Section 2308 of
poses of home loans, an individual who per- institution, that receives, or holds in escrow,
funds relating to assistance under this chapter. such title is amended in the section heading by
formed full-time National Guard duty (as that adding at the end the following: ‘‘or a covered
term is defined in section 101 of title 10) for a pe- ‘‘(E) A surviving spouse, heir, assignee, or
successor in interest of or to, any person de- veterans’ cemetery’’.
riod— (d) CLERICAL AMENDMENT.—The table of sec-
scribed in this paragraph.
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‘‘(A) of not less than 90 cumulative days; and tions at the beginning of chapter 23 of such title
‘‘(B) that includes 30 consecutive days.’’. ‘‘(3)(A) Any overpayment referred to in this
(b) EXPANSION OF ELIGIBILITY.—Section subsection may be recovered in the same manner is amended by striking the item relating to sec-
3702(a)(2) of such title is amended by adding at as any other debt due the United States. tion 2308 and inserting the following new item:
the end the following new subparagraph: ‘‘(B) In recovering the overpayment, the Sec- ‘‘2308. Transportation of deceased veteran to a
‘‘(G) Each individual described in section retary may charge administrative costs, fees, national cemetery or a covered
3701(b)(7) of this title.’’. and interest, as appropriate, in a manner simi- veterans’ cemetery.’’.
(c) RETROACTIVE APPLICABILITY.—The amend- lar to the authority under section 5315 of this (e) EFFECTIVE DATE.—The amendments made
ments made by this section shall apply with re- title. by this section shall take effect on the date that
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H7184 CONGRESSIONAL RECORD — HOUSE December 16, 2020
is two years after the date of the enactment of (ii) in subsection (b)(3)— predeceases the individual, the Secretary may, if
this Act. (I) by striking ‘‘section 2302’’ and inserting feasible and upon request, include an inscrip-
SEC. 2202. INCREASE IN CERTAIN FUNERAL BENE- ‘‘section 2303’’; and tion for the spouse or dependent child on the
FITS UNDER LAWS ADMINISTERED (II) by striking ‘‘subsection (a)(2)(A)’’ and in- headstone or marker furnished for the indi-
BY THE SECRETARY OF VETERANS serting ‘‘subsection (a)(2)(C)’’. vidual under subsection (a) or (d).’’.
AFFAIRS. (D) In section 113(c)(1), by striking ‘‘2302,’’. (b) APPLICATION.—Subsection (i) of section
(a) FUNERAL EXPENSES FOR NON-SERVICE-CON- (E) In section 5101(a)(1)(B)(i), by striking 2306 of title 38, United States Code, as added by
NECTED DISABILITIES.—Chapter 23 of title 38, ‘‘2302’’ and inserting ‘‘2303’’. subsection (a), shall apply with respect to an in-
United States Code, is amended as follows: (2) EMERGENCY MEDICAL CARE.—Section 11 of dividual who dies on or after October 1, 2019.
(1) By transferring subsection (b) of section the Military Selective Service Act (50 U.S.C. SEC. 2205. AID TO COUNTIES FOR ESTABLISH-
2302 to the end of section 2303 and redesignating 3810) is amended by striking ‘‘section 2302(a) of MENT, EXPANSION, AND IMPROVE-
such subsection as subsection (d). title 38’’ and inserting ‘‘section 2303 of title 38, MENT OF VETERANS’ CEMETERIES.
(2) By striking section 2302. United States Code, regarding veterans de- (a) IN GENERAL.—Section 2408 of title 38,
(3) In section 2303— scribed in subparagraph (B) or (C) of subsection United States Code, is amended—
(A) in the section heading, by striking ‘‘Death (a)(2) of such section’’. (1) by inserting ‘‘or county’’ after ‘‘State’’
in Department facility’’ and inserting ‘‘Death (c) CLERICAL AMENDMENT.—The table of sec- each place it appears;
from non-service-connected disability’’; and tions at the beginning of chapter 23 of such title
(B) in subsection (a)— (2) in subsection (a)(1), in the matter pre-
is amended by striking the items relating to sec- ceding subparagraph (A), by striking ‘‘sub-
(i) in paragraph (1), by striking ‘‘a veteran tions 2302 and 2303 and inserting the following
dies in a facility described in paragraph (2)’’ section (b)’’ and inserting ‘‘subsections (b), (c),
new item: (d), and (g)’’;
and inserting ‘‘a veteran described in paragraph
‘‘2303. Death from non-service-connected dis- (3) by adding at the end the following new
(2) dies’’;
ability; plot allowance.’’. subsection:
(ii) by striking paragraph (2) and inserting
(d) EFFECTIVE DATE.—The amendments made ‘‘(g)(1) The Secretary may make a grant to a
the following new paragraph (2): by this section shall apply to deaths that occur
‘‘(2) A veteran described in this paragraph is county under this section only if—
on or after the date that is two years after the ‘‘(A)(i) the State in which the county is lo-
a deceased veteran who is not covered by section
date of the enactment of this Act. cated does not have a veterans’ cemetery owned
2307 of this title and who meets any of the fol-
SEC. 2203. OUTER BURIAL RECEPTACLES FOR by the State;
lowing criteria: EACH NEW GRAVE IN CEMETERIES
‘‘(A) The deceased veteran dies in— ‘‘(ii) the State is not in receipt of a grant
THAT ARE THE SUBJECTS OF CER-
‘‘(i) a facility of the Department (as defined in TAIN GRANTS MADE BY THE SEC-
under this section for the construction of a new
section 1701(3) of this title) to which the de- RETARY OF VETERANS AFFAIRS. veterans’ cemetery to be owned by the State;
ceased veteran was properly admitted for hos- (a) IN GENERAL.—Section 2306(e) of title 38, ‘‘(iii) the State did not apply for a grant
pital, nursing home, or domiciliary care under United States Code, is amended— under this section during the previous year;
section 1710 or 1711(a) of this title; or (1) in paragraph (1)— ‘‘(iv) no tribal organization from the State in
‘‘(ii) an institution at which the deceased vet- (A) in subparagraph (A)— which the county is located has a veterans’ cem-
eran was, at the time of death, receiving— (i) by striking ‘‘shall’’ and inserting ‘‘may’’; etery on trust land owned by, or held in trust
‘‘(I) hospital care in accordance with sections and for, the tribal organization;
1703A, 8111, and 8153 of this title; (ii) by inserting ‘‘, or in a cemetery that is the ‘‘(v) no such tribal organization is in receipt
‘‘(II) nursing home care under section 1720 of subject of a grant to a State or a tribal organi- of a grant under this section for the construc-
this title; or zation under section 2408 of this title,’’ after tion of a new veterans’ cemetery to be located
‘‘(III) nursing home care for which payments ‘‘National Cemetery Administration’’; and on such land; and
are made under section 1741 of this title. (B) in subparagraph (C), by striking ‘‘shall’’ ‘‘(vi) no such tribal organization applied for a
‘‘(B) At the time of death, the deceased vet- and inserting ‘‘may’’; and grant under this section during the previous
eran (including a person who died during a pe- (2) by striking paragraph (2) and inserting the year; and
riod deemed to be active military, naval, or air following new paragraph (2): ‘‘(B) the county demonstrates in the applica-
service under section 106(c) of this title) is in re- ‘‘(2)(A) The use of outer burial receptacles in tion under subsection (a)(2), to the satisfaction
ceipt of compensation under chapter 11 of this a cemetery under the control of the National of the Secretary, that the county has the re-
title (or but for the receipt of retirement pay Cemetery Administration or in a cemetery that sources necessary to operate and maintain the
would have been entitled to such compensation) is the subject of a grant to a State or a tribal or- veterans’ cemetery owned by the county.
or was in receipt of pension under chapter 15 of ganization under section 2408 of this title shall ‘‘(2)(A) If a county and the State in which the
this title. be in accordance with regulations or procedures county is located both apply for a grant under
‘‘(C) The Secretary determines— approved by the Secretary of Veterans Affairs. this section for the same year, the Secretary
‘‘(i) the deceased veteran (including a person ‘‘(B) The use of outer burial receptacles in Ar- shall give priority to the State.
who died during a period deemed to be active lington National Cemetery shall be in accord- ‘‘(B) If a county and a tribal organization
military, naval, or air service under section ance with regulations or procedures approved from the State in which the county is located
106(c) of this title) has no next of kin or other by the Secretary of the Army. both apply for a grant under this section for the
person claiming the body of the deceased vet- ‘‘(C) The use of outer burial receptacles in a same year, the Secretary shall give priority to
eran; and national cemetery administered by the National the tribal organization.
‘‘(ii) that there are not available sufficient re- Park Service shall be in accordance with regula- ‘‘(3) The Secretary shall prescribe regulations
sources to cover burial and funeral expenses.’’; tions or procedures approved by the Secretary of to carry out this subsection.’’; and
(iii) in subsection (b)— the Interior.’’. (4) in subsection (f)—
(I) in the matter preceding paragraph (1), by (b) EFFECTIVE DATE.—The amendments made (A) by redesignating paragraph (3) as sub-
striking ‘‘section 2302 of this title and’’; and by this section shall take effect on the date that section (h);
(II) in paragraph (2), by striking ‘‘under sec- is two years after the date of the enactment of (B) by moving such subsection, as so redesig-
tion 2302 of this title or’’; and this Act. nated, to the location after subsection (g), as
(iv) in subsection (d), as added by paragraph SEC. 2204. PROVISION OF INSCRIPTIONS FOR added by paragraph (3);
(1) of this subsection, by striking ‘‘Except as’’ SPOUSES AND CHILDREN ON CER- (C) in subsection (h), as so redesignated and
and inserting ‘‘With respect to a deceased vet- TAIN HEADSTONES AND MARKERS
moved, by redesignating subparagraphs (A) and
eran described in subparagraph (B) or (C) of FURNISHED BY THE SECRETARY OF
VETERANS AFFAIRS. (B) as paragraphs (1) and (2), respectively; and
subsection (a)(2), except as’’.
(D) in the matter preceding paragraph (1), as
(b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Section 2306 of title 38,
so redesignated, by striking ‘‘this subsection’’
(1) TITLE 38.—Such title is amended as follows: United States Code, is amended—
(A) In section 2304, by striking ‘‘Applications (1) by redesignating subsection (i) as sub- and inserting ‘‘this section’’.
for payments under section 2302 of this title’’ section (j); and (b) CLERICAL AMENDMENTS.—
and inserting ‘‘Applications for payments under (2) by inserting after subsection (h) the fol- (1) SECTION HEADING.—The heading of such
section 2303 of this title regarding veterans de- lowing new subsection (i): section is amended by inserting ‘‘, counties, and
scribed in subparagraph (B) or (C) of subsection ‘‘(i)(1) In addition to any other authority tribal organizations’’ after ‘‘States’’.
(a)(2) of such section’’. under this section, in the case of an individual (2) TABLE OF SECTIONS.—The table of sections
(B) In section 2307, by striking ‘‘sections 2302 whose grave is not in a covered cemetery (as at the beginning of chapter 24 of such title is
and 2303(a)(1) and (b)(2) of this title’’ and in- that term is defined in subsection (f)(2)) and for amended by striking the item relating to section
serting ‘‘subsections (a)(1) and (b)(2) of section whom the Secretary has furnished a headstone 2408 and inserting the following new item:
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2303 of this title’’. or marker under subsection (a) or (d), the Sec- ‘‘2408. Aid to States, counties, and tribal organi-
(C) In section 2308— retary, if feasible and upon request, may replace zations for establishment, expan-
(i) in subsection (a), by striking ‘‘pursuant to the headstone or marker to add an inscription sion, and improvement of vet-
section 2302 or 2307 of this title,’’ and inserting for the surviving spouse or eligible dependent erans’ cemeteries.’’.
‘‘pursuant to section 2303 of this title regarding child of such individual following the death of (c) EFFECTIVE DATE.—The amendments made
veterans described in subparagraph (B) or (C) of the surviving spouse or eligible dependent child. by this section shall take on effect on the date
subsection (a)(2) of such section, or pursuant to ‘‘(2) If the spouse or eligible dependent child that is two years after the date of the enactment
section 2307 of this title,’’; and of an individual referred to in paragraph (1) of this Act.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7185
SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF (3) by inserting after subsection (b) the fol- date on which a public health emergency was
GRANTS TO STATES, COUNTIES, AND lowing new subsection (c): first declared and ending on the date that is 60
TRIBAL ORGANIZATIONS FOR OPER- ‘‘(c)(1) A grant under this section for a pur- days after the date on which a public health
ATING AND MAINTAINING VET-
ERANS’ CEMETERIES.
pose described in subparagraph (A) or (B) of emergency is no longer in effect.
subsection (a)(1) may be used, solely or in part, ‘‘(g) COVERED PROVIDER DEFINED.—In this
Section 2408(e)(2) of title 38, United States
for training costs, including travel expenses and section, the term ‘covered provider’ means a pro-
Code, is amended by striking ‘‘$5,000,000’’ and
up to four weeks of lodging expenses, associated vider participating in the Program, including—
inserting ‘‘$10,000,000’’. ‘‘(1) an Aging and Disability Resource Center,
with attendance by employees of a veterans’
SEC. 2207. PROVISION OF URNS AND COMMEMO- an area agency on aging, or a State agency (as
RATIVE PLAQUES FOR REMAINS OF cemetery owned by a State or on trust land
CERTAIN VETERANS WHOSE CRE- owned by, or held in trust for, a tribal organiza- those terms are defined in section 102 of the
MATED REMAINS ARE NOT IN- tion at training provided by the National Ceme- Older Americans Act of 1965 (42 U.S.C. 3002)); or
TERRED IN CERTAIN CEMETERIES. tery Administration. ‘‘(2) a center for independent living (as de-
(a) IN GENERAL.—Section 2306 of title 38, ‘‘(2) Any employee described in paragraph (1) fined in section 702 of the Rehabilitation Act of
United States Code, as amended by section 2204 who participates in training described in such 1973 (29 U.S.C. 796a)).’’.
of this title, is further amended— paragraph shall fulfill a service requirement as SEC. 3002. PROHIBITION ON COLLECTION OF A
(1) by redesignating subsections (h), (i), and determined by the Secretary. HEALTH CARE COPAYMENT BY THE
SECRETARY OF VETERANS AFFAIRS
(j) as subsections (i), (j), and (k), respectively; ‘‘(3) The Secretary may by regulation pre-
FROM A VETERAN WHO IS A MEMBER
and scribe such additional terms and conditions for OF AN INDIAN TRIBE.
(2) by inserting after subsection (g) the fol- grants used for training costs under this sub- (a) IN GENERAL.—Section 1730A of title 38,
lowing new subsection (h): section as the Secretary considers appropriate.’’. United States Code, is amended—
‘‘(h)(1) In lieu of furnishing a headstone or (b) REPORTS.— (1) in the heading, by striking ‘‘catastroph-
marker under this section for a deceased indi- (1) IN GENERAL.—Not later than each of two ically disabled’’ and inserting ‘‘certain’’;
vidual described in paragraph (3), the Secretary years and five years after the date of the enact- (2) by inserting ‘‘(a) PROHIBITION.—’’ before
shall furnish, upon request and at the expense ment of this Act, the Secretary of Veterans Af- ‘‘Notwithstanding’’;
of the United States— fairs shall submit to the Committee on Veterans’ (3) by striking ‘‘a veteran who is catastroph-
‘‘(A) an urn made of any material to signify Affairs of the Senate and the Committee on Vet- ically disabled, as defined by the Secretary,’’
the individual’s status as a veteran, in which erans’ Affairs of the House of Representatives a and inserting ‘‘a covered veteran’’; and
the remains of such individual may be placed at report on training provided by the National (4) by adding at the end the following new
private expense; or Cemetery Administration under subsection (c) of subsection:
‘‘(B) a commemorative plaque signifying the section 2408 of title 38, United States Code, as ‘‘(b) COVERED VETERAN DEFINED.—In this sec-
individual’s status as a veteran. added by subsection (a). tion, the term ‘covered veteran’ means a veteran
‘‘(2) If the Secretary furnishes an urn or com- (2) ELEMENTS.—The report required by para- who—
memorative plaque for an individual under graph (1) shall include the following: ‘‘(1) is catastrophically disabled, as defined by
paragraph (1), the Secretary may not provide (A) The attrition rate with respect to individ- the Secretary; or
for such individual— uals who participate in the training described in ‘‘(2) is an Indian or urban Indian (as those
‘‘(A) a headstone or marker under this sec- paragraph (1). terms are defined in section 4 of the Indian
tion; or (B) A description of how State and tribal vet- Health Care Improvement Act (25 U.S.C.
‘‘(B) any burial benefit under section 2402 of erans’ cemeteries that used grants awarded 1603)).’’.
this title. under section 2408 of title 38, United States (b) TECHNICAL AMENDMENT.—The table of sec-
‘‘(3) A deceased individual described in this Code, for training costs under subsection (c) of tions at the beginning of chapter 17 of such title
paragraph is an individual— such section, as added by subsection (a), have is amended by striking the item relating to sec-
‘‘(A) who served in the Armed Forces on or tion 1730A and inserting the following:
improved as a result of the training, according
after April 6, 1917; ‘‘1730A. Prohibition on collection of copayments
to the administrators of such cemeteries.
‘‘(B) who is eligible for a headstone or marker
(C) An identification of how many State and from certain veterans.’’.
furnished under subsection (d) (or would be so (c) EFFECTIVE DATE.—The amendments made
tribal veterans’ cemeteries used the authority
eligible but for the date of the death of the indi- by this section shall take effect on the day that
provided by subsection (c) of section 2408 of title
vidual); and is one year after the date of the enactment of
38, United States Code, as added by subsection
‘‘(C) whose remains were cremated and not in- this Act.
(a), in order to train individuals.
terred in a national cemetery, a State veterans’
(D) The amount obligated or expended as a re- SEC. 3003. OVERSIGHT FOR STATE HOMES RE-
cemetery, a tribal cemetery, a county cemetery, GARDING COVID–19 INFECTIONS, RE-
sult of the authority described in subparagraph
or a private cemetery. SPONSE CAPACITY, AND STAFFING
‘‘(4)(A) Any urn or commemorative plaque (C).
LEVELS.
furnished under this subsection shall be the per- TITLE III—HEALTH CARE (a) REPORTING.—
sonal property of the next of kin or such other Subtitle A—Health Care Generally (1) IN GENERAL.—During a covered public
individual as the Secretary considers appro- SEC. 3001. EXPANSION OF MODIFICATIONS TO health emergency, each State home shall submit
priate. VETERAN DIRECTED CARE PRO- weekly to the Secretary of Veterans Affairs and
‘‘(B) The Federal Government shall not be lia- GRAM. the National Healthcare Safety Network of the
ble for any damage to an urn or commemorative Section 20006 of the Coronavirus Aid, Relief, Centers for Disease Control and Prevention,
plaque furnished under this subsection that oc- and Economic Security Act (Public Law 116–136) through an electronic medium and in a stand-
curs after the date on which the urn or com- is amended— ardized format specified by the Secretary, a re-
memorative plaque is so furnished. (1) by striking ‘‘During a public health emer- port on the emergency.
‘‘(5) The Secretary shall prescribe regulations gency’’ each place it appears and inserting (2) ELEMENTS.—Each report required by para-
to carry out this subsection.’’. ‘‘During the period specified in subsection (f)’’; graph (1) for a State home shall include the fol-
(b) EFFECTIVE DATE.—The amendments made (2) in subsection (a)— lowing:
by this section shall take on effect on the date (A) in the matter preceding paragraph (1), by (A) The number of suspected and confirmed
that is two years after the date of the enactment striking ‘‘during a public health emergency’’ COVID–19 infections among residents and staff,
of this Act. and inserting ‘‘during the period specified in including residents previously treated for
SEC. 2208. TRAINING OF STATE AND TRIBAL VET- subsection (f)’’; and COVID–19, disaggregated by—
ERANS’ CEMETERY PERSONNEL BY (i) veteran, spouse of a veteran, staff, and
(B) in paragraph (1), by striking ‘‘an area
NATIONAL CEMETERY ADMINISTRA- other;
TION. agency on aging’’ and inserting ‘‘a covered pro-
vider’’; and (ii) race and ethnicity;
(a) IN GENERAL.—Section 2408 of title 38, (iii) gender; and
(3) by striking subsection (e) and inserting the
United States Code, as amended by sections 2205 (iv) age.
following new subsections:
and 2206 of this title, is further amended— (B) The number of total deaths and COVID–
(1) in subsection (b)(1)— ‘‘(e) TRANSFER OF CERTAIN VETERANS TO THE
19 deaths among residents and staff,
(A) in subparagraph (A)— PROGRAM.—During the period specified in sub-
disaggregated by—
(i) by striking ‘‘and (ii) the cost’’ and insert- section (f), the Secretary shall allow a veteran (i) veteran, spouse of a veteran, staff, and
ing ‘‘(ii) the cost’’; and residing in an area covered by the Program to be other;
(ii) by inserting ‘‘; and (iii) training costs de- transferred to the Program for the duration of (ii) race and ethnicity;
scribed in subsection (c)(1)’’ before the semi- such period if— (iii) gender; and
colon; and ‘‘(1) the veteran had been receiving extended (iv) age.
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(B) in subparagraph (B)— care services paid for by the Department, such (C) An assessment of the supply of personal
(i) by striking ‘‘and (ii) the cost’’ and insert- as adult day services or homemaker or home protective equipment and hand hygiene sup-
ing ‘‘(ii) the cost’’; and health aide services, immediately preceding such plies.
(ii) by inserting ‘‘; and (iii) training costs de- period; and (D) An assessment of ventilator capacity and
scribed in subsection (c)(1)’’ before the period; ‘‘(2) those services are no longer available due supplies.
(2) by redesignating subsections (c) through to a public health emergency. (E) The number of resident beds and the occu-
(h) as subsections (d) through (i), respectively; ‘‘(f) PERIOD SPECIFIED.—The period specified pancy rate, disaggregated by veteran, spouse of
and in this subsection is the period beginning on the a veteran, and other.
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H7186 CONGRESSIONAL RECORD — HOUSE December 16, 2020
(F) An assessment of the access of residents to (1) APPROPRIATE COMMITTEES OF CONGRESS.— (2) the Committee on Armed Services and the
testing for COVID–19. The term ‘‘appropriate committees of Congress’’ Committee on Veterans’ Affairs of the House of
(G) An assessment of staffing shortages, if means— Representatives.
any. (A) the Committee on Veterans’ Affairs and SEC. 3006. AUTHORITY FOR SECRETARY OF VET-
(H) Such other information as the Secretary the Committee on Indian Affairs of the Senate; ERANS AFFAIRS TO FURNISH MEDI-
may specify. and CALLY NECESSARY TRANSPOR-
(b) PUBLICATION OF TOTAL INFECTIONS AND (B) the Committee on Veterans’ Affairs and TATION FOR NEWBORN CHILDREN
the Subcommittee for Indigenous Peoples of the OF CERTAIN WOMEN VETERANS.
DEATHS.—
(1) IN GENERAL.—Not later than 30 days after United States of the Committee on Natural Re- (a) IN GENERAL.—Section 1786 of title 38,
the date of the enactment of this Act, and not sources of the House of Representatives. United States Code, as amended by section 9102
less frequently than weekly thereafter, the Sec- (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ of the William M. (Mac) Thornberry National
retary shall post on a publicly available website has the meaning given that term in section 4 of Defense Authorization Act for Fiscal Year 2021,
of the Department of Veterans Affairs— the Indian Self-Determination and Education is further amended—
Assistance Act (25 U.S.C. 5304). (1) in subsection (a)—
(A) the total number of residents and staff of (A) in the matter before paragraph (1), by in-
State homes who are infected with COVID–19; (3) STATE HOME.—The term ‘‘State home’’ has
the meaning given that term in section 101(19) of serting ‘‘and transportation necessary to receive
and such services’’ after ‘‘described in subsection
(B) the total number of such residents and title 38, United States Code.
(4) STATE HOME PROGRAM.—The term ‘‘State (b)’’;
staff who have died from COVID–19. (B) in paragraph (1), by striking ‘‘or’’;
(2) INFORMATION ON RESIDENTS AND STAFF.— home program’’ means the program of the De-
partment of Veterans Affairs for which pay- (C) in paragraph (2), by striking the period at
The Secretary shall disaggregate information on the end and inserting ‘‘; or’’; and
residents and staff published under paragraph ments are made under subchapter V of chapter
17 of title 38, United States Code, and assistance (D) by adding at the end the following new
(1) by veteran, staff, and other. paragraph:
(c) DEFINITIONS.—In this section: is provided under subchapter III of chapter 81 of
‘‘(3) another location, including a health care
(1) COVERED PUBLIC HEALTH EMERGENCY.— such title.
facility, if the veteran delivers the child before
The term ‘‘covered public health emergency’’ SEC. 3005. CONTINUATION OF WOMEN’S HEALTH
TRANSITION TRAINING PROGRAM OF
arriving at a facility described in paragraph (1)
means an emergency with respect to COVID–19 DEPARTMENT OF VETERANS AF- or (2).’’;
declared by a Federal, State, or local authority. FAIRS. (2) in subsection (b), by inserting before the
(2) STATE HOME.—The term ‘‘State home’’ has (a) DURATION.—The Secretary of Veterans Af- period at the end the following: ‘‘, including
the meaning given that term in section 101(19) of fairs shall carry out the Women’s Health Tran- necessary health care services provided by a fa-
title 38, United States Code. sition Training program of the Department of cility other than the facility where the newborn
SEC. 3004. GRANTS FOR STATE HOMES LOCATED Veterans Affairs (in this section referred to as child was delivered (including a specialty pedi-
ON TRIBAL LANDS.
the ‘‘Program’’) until at least one year after the atric hospital) that accepts transfer of the new-
(a) STATE HOME DEFINED.—Section 101(19) of date of the enactment of this Act. born child and responsibility for treatment of
title 38, United States Code, is amended by in- (b) REPORT.—Not later than one year and ten the newborn child’’; and
serting ‘‘or Indian tribe (as defined in section 4 days after the date of the enactment of this Act, (3) by adding at the end the following new
of the Indian Self-Determination and Education the Secretary of Defense and the Secretary of subsections:
Assistance Act (25 U.S.C. 5304))’’ after ‘‘(other ‘‘(d) TRANSPORTATION.—(1) Transportation
Veterans Affairs shall jointly submit to the ap-
than a possession)’’. furnished under subsection (a) to, from, or be-
propriate congressional committees a report on
(b) PAYMENTS TO STATE HOMES.—Section 1741 tween care settings to meet the needs of a new-
the Program that includes the following: born child includes costs for either or both the
of title 38, United States Code, is amended by (1) The number of women members of the
adding at the end the following new subsection: newborn child and parents.
Armed Forces, disaggregated by military depart- ‘‘(2) Transportation furnished under sub-
‘‘(g) In this subchapter, the term ‘State’ ment (with respect to the Department of the
means each of the several States and each In- section (a) includes transportation by ambu-
Navy, disaggregated by the Navy and Marine lance, including air ambulance, or other appro-
dian tribe (as defined in section 4 of the Indian Corps), who participated in the Program. priate medically staffed modes of transpor-
Self-Determination and Education Assistance (2) The number of courses held under the Pro-
tation—
Act (25 U.S.C. 5304)).’’. gram. ‘‘(A) to another health care facility (including
(c) STATE HOME CONSTRUCTION.— (3) The locations at which such courses were
a specialty pediatric hospital) that accepts
(1) IN GENERAL.—Section 8131(2) of title 38, held, the number of seats available for such
transfer of the newborn child or otherwise pro-
United States Code, is amended by inserting courses, and the number of participants at each vides post-delivery care services when the treat-
‘‘includes each Indian tribe (as defined in sec- such location. ing facility is not capable of furnishing the care
tion 4 of the Indian Self-Determination and (4) With respect to the number of members of
or services required; or
Education Assistance Act (25 U.S.C. 5304)) but’’ the Armed Forces who participated in the Pro- ‘‘(B) to a health care facility in a medical
before ‘‘does not’’. gram as specified under paragraph (1)— emergency of such nature that a prudent
(2) CONFORMING AMENDMENT.—Section 8132 of (A) the number who enrolled in the health
layperson reasonably expects that delay in seek-
such title is amended by striking ‘‘several’’. care system of the Department of Veterans Af-
ing immediate medical attention would be haz-
(d) ADDITIONAL LEGISLATIVE OR ADMINISTRA- fairs under section 1705(a) of title 38, United
ardous to life or health.
TIVE ACTION.— States Code; and ‘‘(3) Amounts paid by the Department for
(1) CONSULTATION WITH INDIAN TRIBES.—Not (B) the number who attended at least one
transportation under this section shall be de-
later than 180 days after the date of the enact- health care appointment at a medical facility of rived from the Medical Services appropriations
ment of this Act, the Secretary of Veterans Af- the Department of Veterans Affairs. account of the Department.
fairs shall consult with Indian tribes to deter- (5) Data relating to— ‘‘(e) REIMBURSEMENT OR PAYMENT FOR
mine if any legislative or administrative action (A) satisfaction with courses held under the
HEALTH CARE SERVICES OR TRANSPORTATION.—
is necessary to modify the State home program Program;
(B) improved awareness of health care serv- (1) Pursuant to regulations the Secretary shall
to function efficiently in support of State homes prescribe to establish rates of reimbursement and
ices administered by the Secretary of Veterans
operated by Indian tribes pursuant to the any limitations thereto under this section, the
Affairs; and
amendments made by this section. Secretary shall directly reimburse a covered en-
(C) any other available statistics regarding
(2) REPORT TO CONGRESS.—Not later than 90 tity for health care services or transportation
the Program.
days after completing consultations under para- (6) A discussion of regulatory, legal, or re- services provided under this section, unless the
graph (1), the Secretary shall submit to the ap- source barriers to— cost of the services or transportation is covered
propriate committees of Congress a report recom- (A) making the Program permanent to enable by an established agreement or contract. If such
mending legislative action that the Secretary access to services provided under the Program an agreement or contract exists, its negotiated
considers appropriate to modify the State home by a greater number of women members of the payment terms shall apply.
program described in such paragraph in light of Armed Forces at locations throughout the ‘‘(2)(A) Reimbursement or payment by the Sec-
those consultations. United States; retary under this section on behalf of an indi-
(3) MODIFICATIONS.—Not later than 180 days (B) offering the Program online for women vidual to a covered entity shall, unless rejected
after completing consultations under paragraph members of the Armed Forces who are unable to and refunded by the covered entity within 30
(1), the Secretary shall make any modifications attend courses held under the Program in per- days of receipt, extinguish any liability on the
to regulations implementing the State home pro- son; and part of the individual for the health care serv-
gram, for which legislative action is not nec- (C) the feasability of automatically enrolling ices or transportation covered by such payment.
essary, as the Secretary considers appropriate in Program participants in the health care system ‘‘(B) Neither the absence of a contract or
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light of those consultations. of the Department of Veterans Affairs under agreement between the Secretary and a covered
(e) TECHNICAL SUPPORT AND ASSISTANCE.— section 1705(a) of title 38, United States Code. entity nor any provision of a contract, agree-
The Secretary of Veterans Affairs shall provide (c) APPROPRIATE CONGRESSIONAL COMMITTEES ment, or assignment to the contrary shall oper-
technical support and assistance to Indian DEFINED.—In this section, the term ‘‘appro- ate to modify, limit, or negate the requirements
tribes in carrying out the State home program at priate congressional committees’’ means— of subparagraph (A).
State homes operated by Indian tribes pursuant (1) the Committee on Armed Services and the ‘‘(3) In this subsection, the term ‘covered enti-
to the amendments made by this section. Committee on Veterans’ Affairs of the Senate; ty’ means any individual, transportation car-
(f) DEFINITIONS.—In this section: and rier, organization, or other entity that furnished
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7187
or paid for health care services or transpor- ‘‘(iii) The average number of days potential (A) nationals of the United States;
tation under this section.’’. hires or new hires appointed under paragraphs (B) enrolled in an accredited program of study
(b) TREATMENT OF CERTAIN EXPENSES AL- (1) and (3) of section 7401 of such title spent in at an institution of higher education; and
READY INCURRED.— each phase of the Time to Hire Model, or suc- (C) referred by their institution of higher edu-
(1) IN GENERAL.—Pursuant to such regulations cessor model.’’. cation following an internal application process.
as the Secretary of Veterans Affairs shall pre- (b) ANNUAL REPORT.—Subsection (b) of such (2) PRIORITY.—In making such selection, the
scribe, with respect to transportation furnished section is amended, in the first sentence, by add- Secretary shall give priority to each of the fol-
in order for a newborn child of a veteran to re- ing before the period at the end the following: lowing five categories of students:
ceive health care services under section 1786 of ‘‘and to improve the onboard timeline for facili- (A) Students who, at the time of the comple-
title 38, United States Code, during the period ties for which the duration of the onboarding tion of their secondary education, resided in a
specified in paragraph (2), the Secretary may— process exceeds the metrics laid out in the Time health professional shortage area (as defined in
(A) waive a debt owed by the veteran to the to Hire Model of the Veterans Health Adminis- section 332 of the Public Health Service Act (42
Department of Veterans Affairs or reimburse ex- tration, or successor model’’. U.S.C. 254e)).
penses already paid by the veteran to the De- SEC. 3009. REQUIREMENT FOR CERTAIN DEPART- (B) First generation college students (as de-
partment for such transportation; MENT OF VETERANS AFFAIRS MED- fined in section 402A(h)(3) of the Higher Edu-
(B) reimburse the veteran for expenses already ICAL FACILITIES TO HAVE PHYSICAL cation Act of 1965 (20 U.S.C. 1067q(a))).
paid by the veteran to a covered entity for such LOCATION FOR THE DISPOSAL OF (C) Students who have been referred by mi-
transportation; or CONTROLLED SUBSTANCES MEDICA- nority-serving institutions (as defined in section
(C) reimburse a covered entity for the costs of TIONS. 371(a) of the Higher Education Act of 1965 (20
such transportation. (a) IN GENERAL.—The Secretary of Veterans U.S.C. 1067q(a))).
(2) PERIOD SPECIFIED.—The period specified in Affairs shall ensure that each covered Depart- (D) Veterans (as defined in section 101 of title
this paragraph is the period beginning on May ment medical facility has a physical location 38, United States Code).
5, 2010, and ending on the date of the enactment where patients may dispose of controlled sub- (E) Students who indicate an intention to spe-
of this Act. stances medications. cialize in a health professional occupation iden-
(3) COVERED ENTITY DEFINED.—In this sub- (b) COVERED DEPARTMENT MEDICAL FACIL- tified by the Inspector General of the Depart-
section, the term ‘‘covered entity’’ has the ITY.—In this section, the term ‘‘covered Depart- ment under section 7412 of title 38, United States
meaning given that term in section 1786(e)(3) of ment medical facility’’ means a medical facility Code, as having a staffing shortage.
title 38, United States Code, as added by sub- of the Department of Veterans Affairs with an (3) ASSIGNMENT TO MEDICAL CENTERS.—The
section (a). onsite pharmacy or a physical location dedi- Secretary shall assign students selected under
SEC. 3007. WAIVER OF REQUIREMENTS OF DE- cated for law enforcement purposes. paragraph (1) to medical centers selected under
PARTMENT OF VETERANS AFFAIRS (c) EFFECTIVE DATE.—This section shall take subsection (b) without regard for whether such
FOR RECEIPT OF PER DIEM PAY- effect on January 1, 2022. medical centers have staffing shortages in any
MENTS FOR DOMICILIARY CARE AT SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS health professional occupation pursuant to sec-
STATE HOMES AND MODIFICATION PILOT PROGRAM FOR CLINICAL OB-
OF ELIGIBILITY FOR SUCH PAY-
tion 7412 of title 38, United States Code.
SERVATION BY UNDERGRADUATE (e) OTHER MATTERS.—In carrying out the
MENTS. STUDENTS.
(a) WAIVER OF REQUIREMENTS.—Notwith- pilot program under this section, the Secretary
(a) ESTABLISHMENT.—The Secretary of Vet- shall—
standing section 1741 of title 38, United States erans Affairs shall carry out a pilot program for (1) establish a formal status to facilitate the
Code (as amended by subsection (b)), the Sec- a one-year period, beginning not later than Au- access to medical centers of the Department by
retary of Veterans Affairs shall modify section gust 15, 2021, to provide certain students de- student observers participating in the pilot pro-
51.51(b) of title 38, Code of Federal Regulations scribed in subsection (d) a clinical observation gram;
(or successor regulations), to provide the Sec- experience at medical centers of the Department (2) establish standardized legal, privacy, and
retary the authority to waive the requirements of Veterans Affairs. ethical requirements for the student observers,
under such section 51.51(b) for a veteran to be (b) MEDICAL CENTER SELECTION.—The Sec- including with respect to—
eligible for per diem payments for domiciliary retary shall carry out the pilot program under (A) ensuring that no student observer provides
care at a State home if— this section at not fewer than five medical cen- any care to patients while participating as an
(1) the veteran has met not fewer than four of ters of the Department. In selecting such med- observer; and
the requirements set forth in such section; or ical centers, the Secretary shall ensure regional (B) ensuring the suitability of a student to
(2) such waiver would be in the best interest
diversity among such selected medical centers. participate in the pilot program to ensure that
of the veteran. (c) CLINICAL OBSERVATION SESSIONS.—
(b) MODIFICATION OF ELIGIBILITY.—Section the student poses no risk to patients;
(1) FREQUENCY AND DURATION.—In carrying (3) develop and implement a partnership strat-
1741(a)(1) of title 38, United States Code, is
out the pilot program, the Secretary shall— egy with minority-serving institutions to encour-
amended, in the flush text following subpara-
(A) provide at least one and not more than age referrals;
graph (B), by striking ‘‘in a Department facil-
three clinical observation sessions at each med- (4) create standardized procedures for student
ity’’ and inserting ‘‘under the laws administered
ical center selected during each calendar year; observers;
by the Secretary’’.
(B) ensure that each clinical observation ses- (5) create an online information page about
(c) STATE HOME DEFINED.—In this section, the
sion— the pilot program on the internet website of the
term ‘‘State home’’ has the meaning given that
(i) lasts between four and six months; and Department;
term in section 101(19) of title 38, United States
(ii) to the extent practicable, begins and ends (6) publish on the online information page
Code.
concurrently with one or more academic terms of created under paragraph (5) the locations of
SEC. 3008. EXPANSION OF QUARTERLY UPDATE
an institution of higher education (as defined in such centers, and other information on the pilot
OF INFORMATION ON STAFFING AND
VACANCIES AT FACILITIES OF THE section 101 of the Higher Education Act of 1965 program, not later than 180 days before the date
DEPARTMENT OF VETERANS AF- (20 U.S.C. 1001)); and on which applications are required to be sub-
FAIRS TO INCLUDE INFORMATION (C) ensure that the clinical observation ses- mitted by potential student observers;
ON DURATION OF HIRING PROCESS. sions provided at a medical center have minimal (7) identify medical centers and specific health
(a) QUARTERLY UPDATE.—Subsection (a)(1) of overlap. professionals participating in the pilot program;
section 505 of the VA MISSION Act of 2018 (2) SESSIONS.—The Secretary shall ensure that and
(Public Law 115–182; 38 U.S.C. 301 note) is the pilot program consists of clinical observation (8) notify the Committees on Veterans’ Affairs
amended by adding at the end the following sessions as follows: of the House of Representatives and the Senate
new subparagraph: (A) Each session shall allow for not fewer of the medical centers selected under subsection
‘‘(E) Beginning with any update under para- than five students nor greater than 15 students (c) within 30 days of selection, to facilitate pro-
graph (3) on or after the date of the enactment to participate in the session. gram awareness.
of the Johnny Isakson and David P. Roe, M.D. (B) Each session shall consist of not fewer (f) REPORT.—Not later than 180 days after the
Veterans Health Care and Benefits Improvement than 20 observational hours nor greater than 40 completion of the pilot program under sub-
Act of 2020, the following: observational hours. section (a), the Secretary shall submit to the
‘‘(i) For employees appointed under para- (C) A majority of the observational hours Committees on Veterans’ Affairs of the House of
graphs (1) and (3) of section 7401 of title 38, shall be spent observing a health professional. Representatives and the Senate a report on the
United States Code, the number of employees for The other observational hours shall be spent in results of the pilot program, including—
which the duration of the process from valida- a manner that ensures a robust, well rounded (1) the number and demographics of all appli-
tion of vacancy to receipt of official offer and experience that exposes the students to a variety cants, those accepted to participate in the pilot
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notification of actual start date exceeds the of aspects of medical care and health care ad- program, and those who completed the pilot pro-
metrics laid out in the Time to Hire Model of the ministration. gram; and
Veterans Health Administration, or successor (D) Each session shall provide a diverse clin- (2) if participating institutions of higher edu-
model. ical observation experience. cation choose to administer satisfaction surveys
‘‘(ii) The percentage of employees who are de- (d) STUDENTS.— that assess the experience of those who com-
scribed in clause (i) compared to all employees (1) SELECTION.—The Secretary shall select to pleted the pilot program, the results of any such
appointed under paragraphs (1) and (3) of sec- participate in the pilot program under sub- satisfaction surveys, provided at the discretion
tion 7401 of such title during the same period. section (a) students who are— of the institution of higher education.
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H7188 CONGRESSIONAL RECORD — HOUSE December 16, 2020
(g) SENSE OF CONGRESS REGARDING DEPART- who is to be involved in the scheduling of ap- (ii) Duplicate consultation requests.
MENT OF VETERANS AFFAIRS PILOT PROGRAM pointments for health care from the Department (iii) Consultations that were discontinued.
FOR CLINICAL OBSERVATION BY UNDERGRADUATE or health care described in subsection (iv) Delays in consultations.
STUDENTS.—It is the sense of Congress that the (a)(1)(A)(ii)— (v) Consultations that were not properly
pilot program described in subsection (a) should (A) to undergo training on the process and re- closed or discontinued, including a description
be designed to— quirements established under subsection (a) as of remediation attempts.
(1) increase the awareness, knowledge, and part of training for the position for which the (F) A review for accuracy with respect to con-
empathy of future health professionals toward employee has been hired; and sultation management as follows:
the health conditions common to veterans; (B) to make the certification to the Secretary (i) A review of the accuracy of the type of
(2) increase the diversity of the recruitment required under paragraph (1). service, either administrative or clinical, that is
pool of future physicians of the Department; (c) METHOD TO MONITOR COMPLIANCE.— inputted in the electronic health record.
and (1) IN GENERAL.—Not later than 180 days after (ii) A review of the accuracy of the type of
(3) expand clinical observation opportunities the date of the enactment of this Act, the Sec- consultation setting, either impatient or out-
for all students by encouraging students of all retary shall establish or maintain a method or patient, that is inputted in the electronic health
backgrounds to consider a career in the health tool— record.
professions. (A) to enable monitoring of the compliance of (iii) A review of the appropriateness of the
(h) NO ADDITIONAL FUNDS AUTHORIZED.—No the Department with the process and require- level of urgency of the consultation that is
additional funds are authorized to be appro- ments established under subsection (a), includ- inputted in the electronic health record.
priated to carry out the requirements of this sec- ing compliance with policies of the Department (iv) A review of any delayed or unresolved
tion. Such requirements shall be carried out relating to the maximum number of days al- consultations.
lowed to complete each step of such process; and (2) An identification of such recommendations
using amounts otherwise authorized to be ap-
(B) to ensure that each medical facility of the for corrective action as the Secretary considers
propriated.
Department complies with such process and re- necessary, including additional training, in-
Subtitle B—Scheduling and Consult creased personnel, and other resources.
Management quirements.
(2) USE THROUGHOUT DEPARTMENT.— (3) A certification that the director of each
SEC. 3101. PROCESS AND REQUIREMENTS FOR (A) IN GENERAL.—The Secretary shall require medical center of the Department covered by the
SCHEDULING APPOINTMENTS FOR audit is in compliance with the process and re-
each medical facility of the Department to use
HEALTH CARE FROM DEPARTMENT quirements established under section 3101(a)
OF VETERANS AFFAIRS AND NON-DE- the method or tool described in paragraph (1).
(B) REPORT.—Not later than one year after and such other requirements relating to the
PARTMENT HEALTH CARE.
the date of the enactment of this Act, the Sec- scheduling of appointments and management of
(a) PROCESS AND REQUIREMENTS.—
retary shall submit to the Committee on Vet- consultations as the Secretary considers appro-
(1) IN GENERAL.—Not later than 60 days after
erans’ Affairs of the Senate and the Committee priate.
the date of the enactment of this Act, the Sec-
on Veterans’ Affairs of the House of Representa- (4) With respect to referrals for health care be-
retary of Veterans Affairs shall—
tives a report indicating whether each medical tween health care providers or facilities of the
(A) establish a process and requirements for
facility of the Department is using the method Department, a measurement of, for each medical
scheduling appointments for—
or tool described in paragraph (1). facility of the Department covered by the
(i) health care from the Department of Vet-
(d) COMPTROLLER GENERAL REPORT.—Not audit—
erans Affairs; and
later than two years after the date of the enact- (A) the period of time between—
(ii) health care furnished through the Vet-
ment of this Act, the Comptroller General of the (i) the date that a clinician of the Department
erans Community Care Program under section
United States shall submit to the Committee on determines that a veteran requires care from an-
1703 of title 38, United States Code, by a non-
Veterans’ Affairs of the Senate and the Com- other health care provider or facility and the
Department health care provider; and
mittee on Veterans’ Affairs of the House of Rep- date that the referral for care is sent to the
(B) submit to the Committee on Veterans’ Af-
resentatives a report on the compliance of the other health care provider or facility;
fairs of the Senate and the Committee on Vet- (ii) the date that the referral for care is sent
erans’ Affairs of the House of Representatives a Secretary with the requirements of this section.
SEC. 3102. AUDITS REGARDING SCHEDULING OF
to the other health care provider or facility and
description of such process and requirements. the date that the other health care provider or
(2) ELEMENTS OF DESCRIPTION.—The descrip- APPOINTMENTS AND MANAGEMENT
OF CONSULTATIONS FOR HEALTH facility accepts the referral;
tion of the process and requirements for sched- (iii) the date that the other health care pro-
CARE FROM DEPARTMENT OF VET-
uling appointments for health care required to ERANS AFFAIRS AND NON-DEPART- vider or facility accepts the referral and the
be submitted under paragraph (1)(B) shall in- MENT HEALTH CARE. date that the appointment with the other health
clude— (a) IN GENERAL.—Not later than each of one care provider or at the other facility is made;
(A) information on how such process and re- year and two years after the date of the enact- and
quirements take into account the access stand- ment of this Act, the Secretary of Veterans Af- (iv) the date that the appointment with the
ards established under section 1703B of title 38, fairs shall provide for the conduct of a facility- other health care provider or at the other facil-
United States Code; and level audit of the scheduling of appointments ity is made and the date of the appointment
(B) the maximum number of days allowed to and the management of consultations for health with the other health care provider or at the
complete each step of such process. care under the laws administered by the Sec- other facility; and
(3) PERIODIC REVISION.— retary. (B) any other period of time that the Sec-
(A) IN GENERAL.—The Secretary may revise (b) APPLICATION.— retary determines necessary to measure.
the process and requirements required under (1) FIRST AUDIT.—The first audit required (5) With respect to referrals for non-Depart-
paragraph (1) as the Secretary considers nec- under subsection (a) shall apply to each medical ment health care originating from medical facili-
essary. facility of the Department of Veterans Affairs. ties of the Department, a measurement of, for
(B) SUBMITTAL TO CONGRESS.—Not later than (2) SECOND AUDIT.—The second audit required each such facility covered by the audit—
30 days before revising the process and require- under subsection (a) shall apply to only those (A) the period of time between—
ments under subparagraph (A), the Secretary medical facilities of the Department that are in (i) the date that a clinician of the Department
shall submit to the Committee on Veterans’ Af- need of corrective action based on the first determines that a veteran requires care, or a
fairs of the Senate and the Committee on Vet- audit, as determined by the Secretary. veteran presents to the Department requesting
erans’ Affairs of the House of Representatives a (c) ELEMENTS.—Each audit conducted under care, and the date that the referral for care is
description of such revised process and require- subsection (a) shall include the following: sent to a non-Department health care provider;
ments, including a description of any modifica- (1) With respect to each medical center of the (ii) the date that the referral for care is sent
tions to the certification and training under Department covered by the audit, an assessment to a non-Department health care provider and
subsection (b). of any scheduling or consultation management the date that a non-Department health care
(b) CERTIFICATION AND TRAINING ON PROCESS issues at that medical center, including the fol- provider accepts the referral;
AND REQUIREMENTS.— lowing: (iii) the date that a non-Department health
(1) CERTIFICATION.—Not later than one year (A) An assessment of noncompliance with care provider accepts the referral and the date
after the date of the enactment of this Act, the policies of the Veterans Health Administration that the referral to a non-Department health
Secretary shall require each individual involved relating to scheduling appointments and man- care provider is completed;
in the scheduling of appointments for health aging consultations. (iv) the date that the referral to a non-Depart-
care from the Department or health care de- (B) An assessment of the extent to which ap- ment health care provider is completed and the
scribed in subsection (a)(1)(A)(ii), including pointments or consultations are not timely proc- date that an appointment with a non-Depart-
schedulers, clinical coordinators, and super- essed. ment health care provider is made; and
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visors, to certify to the Secretary that the indi- (C) A description of any backlogs in appoint- (v) the date that an appointment with a non-
vidual understands the process and require- ments or consultations that are awaiting action. Department health care provider is made and
ments established under subsection (a), includ- (D) An assessment of whether consultations the date that an appointment with a non-De-
ing the maximum number of days allowed to are appropriately processed. partment health care provider occurs; and
complete each step of such process. (E) Data with respect to consultations as fol- (B) any other period of time that the Sec-
(2) NEW EMPLOYEES.—The Secretary shall re- lows: retary determines necessary to measure.
quire each employee hired by the Department on (i) Consultations that were scheduled within (d) CONDUCT OF AUDIT BY THIRD PARTY.—
or after the date of the enactment of this Act the request window. Each audit conducted under subsection (a) with
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7189
respect to a medical facility of the Department (ii) the date that the referral for care is sent Subtitle A—Service-connection and COVID–19
shall be conducted by an individual or entity to a non-Department health care provider and SEC. 4101. PRESUMPTIONS OF SERVICE-CONNEC-
that is not affiliated with the facility. the date that a non-Department health care TION FOR MEMBERS OF ARMED
(e) TRANSMITTAL TO VHA.—Each audit con- provider accepts the referral; FORCES WHO CONTRACT
ducted under subsection (a) shall be transmitted (iii) the date that a non-Department health CORONAVIRUS DISEASE 2019 UNDER
to the Under Secretary for Health of the Depart- care provider accepts the referral and the date CERTAIN CIRCUMSTANCES.
ment so that the Under Secretary can— that the referral to a non-Department health (a) IN GENERAL.—Subchapter VI of chapter 11
(1) strengthen oversight of the scheduling of care provider is completed; of title 38, United States Code, is amended by
appointments and management of consultations (iv) the date that the referral to a non-Depart- adding at the end the following new section:
throughout the Department; ment health care provider is completed and the ‘‘§ 1164. Presumptions of service-connection
(2) monitor national policy on such sched- date that an appointment with a non-Depart- for Coronavirus Disease 2019
uling and management; and ment health care provider is made; and ‘‘(a) PRESUMPTIONS GENERALLY.—(1) For pur-
(3) develop a remediation plan to address (v) the date that an appointment with a non- poses of laws administered by the Secretary and
issues uncovered by those audits. Department health care provider is made and subject to section 1113 of this title, if symptoms
(f) ANNUAL REPORT.— the date that an appointment with a non-De- of Coronavirus Disease 2019 (in this section re-
(1) IN GENERAL.—Not later than December 31 partment health care provider occurs; and ferred to as ‘COVID–19’) described in subsection
of each year in which an audit is conducted (B) any other period of time that the Sec- (d) manifest within one of the manifestation pe-
under subsection (a), the Secretary shall submit retary determines necessary to measure. riods described in paragraph (2) in an indi-
to the Committee on Veterans’ Affairs of the (2) SUBMISSIONS TO CONGRESS.—
(A) IN GENERAL.—Not later than one year vidual who served in a qualifying period of duty
Senate and the Committee on Veterans’ Affairs described in subsection (b)—
of the House of Representatives a report on the after the date of the enactment of this Act, the
‘‘(A) infection with severe acute respiratory
audit conducted during that year. Secretary shall submit to the Committee on Vet-
syndrome coronavirus 2 (in this section referred
(2) ELEMENTS.—The Secretary shall include in erans’ Affairs of the Senate and the Committee
to as ‘SARS–CoV–2’) shall be presumed to have
each report required by paragraph (1)— on Veterans’ Affairs of the House of Representa-
occurred during the qualifying period of duty;
(A) the nationwide results of the audit con- tives the data measured under paragraph (1), ‘‘(B) COVID–19 shall be presumed to have
ducted under subsection (a); disaggregated by medical facility. been incurred during the qualifying period of
(B) the results of such audit with respect to (B) UPDATE.—Not less frequently than bi-
duty; and
each medical facility of the Department covered weekly, the Secretary shall update the data sub- ‘‘(C) if the individual becomes disabled or dies
by such audit; mitted under subparagraph (A). as a result of COVID–19, it shall be presumed
(C) an assessment of how the Department (c) COMPTROLLER GENERAL REPORT.—
(1) REVIEW.—Beginning not later than one that the individual became disabled or died dur-
strengthened oversight of the scheduling of ap- ing the qualifying period of duty for purposes of
pointments and management of consultations at year after the date of the enactment of this Act,
the Comptroller General of the United States establishing that the individual served in the
each such facility as a result of the audit; active military, naval, or air service.
(D) an assessment of how the audit informed shall review compliance by the Secretary with
‘‘(2)(A) The manifestation periods described in
the national policy of the Department with re- the requirements of this section, including a re-
this paragraph are the following:
spect to the scheduling of appointments and view of the validity and reliability of data sub- ‘‘(i) During a qualifying period of duty de-
management of consultations; and mitted by the Secretary under subsection (b)(2). scribed in subsection (b), if that period of duty
(E) a description of any remediation plans to (2) REPORT.—Not later than three years after
was more than 48 continuous hours in duration.
address issues raised by the audit that was com- the date of the enactment of this Act, the Comp- ‘‘(ii) Within 14 days after the individual’s
pleted. troller General shall submit to the Committee on completion of a qualifying period of duty de-
SEC. 3103. ADMINISTRATION OF NON-DEPART- Veterans’ Affairs of the Senate and the Com- scribed in subsection (b).
MENT OF VETERANS AFFAIRS mittee on Veterans’ Affairs of the House of Rep- ‘‘(iii) An additional period prescribed under
HEALTH CARE. resentatives the results of the review conducted subparagraph (B).
(a) CERTIFICATION OF PROPER ADMINISTRA- under paragraph (1). ‘‘(B)(i) If the Secretary determines that a
TION OF NON-DEPARTMENT CARE.— SEC. 3104. EXAMINATION OF HEALTH CARE CON- manifestation period of more than 14 days after
(1) REVIEW.— SULTATION AND SCHEDULING POSI- completion of a qualifying period of service is
(A) IN GENERAL.—The Secretary of Veterans TIONS OF DEPARTMENT OF VET-
ERANS AFFAIRS.
appropriate for the presumptions under para-
Affairs shall conduct a review of the staffing, graph (1), the Secretary may prescribe that ad-
training, and other requirements necessary to (a) PROPER GRADING OF CONSULTATION AND
ditional period by regulation.
administer section 1703 of title 38, United States SCHEDULING POSITIONS.—
‘‘(ii) A determination under clause (i) shall be
Code. (1) IN GENERAL.—The Secretary of Veterans
made in consultation with the Director of the
(B) ELEMENTS.—The review conducted under Affairs shall conduct an examination of health
Centers for Disease Control and Prevention.
subparagraph (A) shall include, with respect to care positions of the Department of Veterans Af-
‘‘(b) QUALIFYING PERIOD OF DUTY DE-
each medical facility of the Department of Vet- fairs to determine whether health care positions
SCRIBED.—A qualifying period of duty described
erans Affairs— involved in the consultation and scheduling
in this subsection is—
(i) an assessment of the type of positions re- processes are appropriately graded. ‘‘(1) a period of active duty performed—
quired to be staffed at the medical facility; (2) CONSULTATION.—In conducting the exam- ‘‘(A) during the national emergency declared
(ii) the number of such positions authorized; ination under paragraph (1), the Secretary shall by the President under the National Emer-
(iii) the number of such positions funded; consult with health care staffing experts in the gencies Act (50 U.S.C. 1601 et seq.); and
(iv) the number of such positions filled; and Federal Government and the private sector. ‘‘(B) before the date that is three years after
(v) the number of additional such positions re- (3) SUBMITTAL TO CONGRESS.—Not later than the date of the enactment of the Johnny Isakson
quired to be authorized. 120 days after the date of the enactment of this and David P. Roe, M.D. Veterans Health Care
(2) SUBMITTAL TO CONGRESS.—Not later than Act, the Secretary shall submit to the appro- and Benefits Improvement Act of 2020; or
180 days after the date of the enactment of this priate committees of Congress the results of the ‘‘(2) training duty under title 10 or full-time
Act, and every 180 days thereafter, the Sec- examination conducted under paragraph (1). National Guard duty (as defined in section 101
retary shall submit to the Committee on Vet- (b) REVIEW OF ONBOARDING PROCESS.—Not of title 10), performed under orders issued on or
erans’ Affairs of the Senate and the Committee later than 180 days after the date of the enact- after March 13, 2020—
on Veterans’ Affairs of the House of Representa- ment of this Act, the Secretary shall submit to ‘‘(A) during the national emergency declared
tives— the appropriate committees of Congress— by the President under the National Emer-
(A) the results of the review conducted under (1) a review of the onboarding process of indi- gencies Act (50 U.S.C. 1601 et seq.); and
paragraph (1); and viduals in health care positions described in ‘‘(B) before the date that is three years after
(B) a certification that the Secretary has es- subsection (a), including how long it takes to the date of the enactment of the Johnny Isakson
tablished all staffing, training, and other re- hire those individuals; and and David P. Roe, M.D. Veterans Health Care
quirements required to be reviewed under such (2) a description of any changes that the Sec- and Benefits Improvement Act of 2020.
paragraph. retary has made or plans to make to improve ‘‘(c) APPLICATION OF PRESUMPTIONS FOR
(b) SCHEDULING OF APPOINTMENTS.— that process. TRAINING DUTY.—When, pursuant to subsection
(1) MEASUREMENT OF TIMELINESS FOR EACH (c) APPROPRIATE COMMITTEES OF CONGRESS (a), COVID–19 is presumed to have been in-
FACILITY.—Not later than 120 days after the DEFINED.—In this section, the term ‘‘appro- curred during a qualifying period of duty de-
date of the enactment of this Act, the Secretary priate committees of Congress’’ means— scribed in subsection (b)(2)—
shall measure, with respect to referrals for non- (1) the Committee on Veterans’ Affairs and ‘‘(1) COVID–19 shall be deemed to have been
Department health care originating from med- the Committee on Appropriations of the Senate; incurred in the line of duty during a period of
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ical facilities of the Department, for each such and active military, naval, or air service; and
(2) the Committee on Veterans’ Affairs and ‘‘(2) where entitlement to benefits under this
facility—
(A) the period of time between— the Committee on Appropriations of the House title is predicated on the individual who was
(i) the date that a clinician of the Department of Representatives. disabled or died being a veteran, benefits for dis-
determines that a veteran requires care, or a TITLE IV—NAVY SEAL BILL MULDER ability or death resulting from COVID–19 as de-
veteran presents to the Department requesting SEC. 4001. SHORT TITLE. scribed in subsection (a) shall be paid or fur-
care, and the date that the referral for care is This title may be cited as the ‘‘Navy SEAL nished as if the individual was a veteran, with-
sent to a non-Department health care provider; Bill Mulder Act of 2020’’. out regard to whether the period of duty would
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H7190 CONGRESSIONAL RECORD — HOUSE December 16, 2020
constitute active military, naval, or air service (C) by adding at the end the following: (B) to facilitate social distancing or isolation
under section 101 of this title. ‘‘(2) If the Secretary waives any limit on grant needs; or
‘‘(d) SYMPTOMS OF COVID–19.—For purposes amounts or rates for per diem payments under (C) to facilitate the operation of housing
of subsection (a), symptoms of COVID–19 are paragraph (1), notwithstanding section under such section.
those symptoms that competent medical evidence 2012(a)(2)(B) of such title, the maximum rate for (2) LIMITATION.—The Secretary may waive a
demonstrates are experienced by an individual per diem payments described in paragraph requirement pursuant to the authority provided
affected and directly related to COVID–19. (1)(B) shall be three times the rate authorized by paragraph (1) with respect to a residence or
‘‘(e) MEDICAL EXAMINATIONS AND OPINIONS.— for State homes for domiciliary care under sec- facility referred to in such section 2032 only if
If there is a question of whether the symptoms tion 1741 of such title.’’. the residence or facility, as the case may be,
experienced by an individual described in para- (2) MODIFICATION OF FUNDING LIMITS FOR meets applicable local safety requirements, in-
graph (1) of subsection (a) during a manifesta- GRANTS.—Subsection (c)(2) of section 2011 of title cluding fire safety requirements.
tion period described in paragraph (2) of such 38, United States Code, shall not apply to any (d) ACCESS TO DEPARTMENT OF VETERANS AF-
subsection are attributable to COVID–19 result- grant awarded during a covered public health FAIRS TELEHEALTH SERVICES.—To the extent
ing from infection with SARS–CoV–2 during the emergency under such section for a project de- practicable, during a covered public health
qualifying period of duty, in determining scribed in subsection (b)(1) of such section. emergency, the Secretary shall ensure that vet-
whether a medical examination or medical opin- (3) USE OF PER DIEM PAYMENTS.—During a erans participating in or receiving services from
ion is necessary to make a decision on the claim covered public health emergency, a recipient of a program under chapter 20 of title 38, United
within the meaning of section 5103A(d) of this a grant or an eligible entity under the grant and States Code, have access to telehealth services to
title, a qualifying period of duty described in per diem program of the Department (in this which such veterans are eligible under the laws
subsection (b) of this section shall be treated as subsection referred to as the ‘‘program’’) may administered by the Secretary, including by en-
if it were active military, naval, or air service use per diem payments under sections 2012 and suring that telehealth capabilities are available
for purposes of section 5103A(d)(2)(B) of this 2061 of title 38, United States Code, to provide to—
title.’’. assistance required for safety and survival (such (1) such veterans;
(b) CLERICAL AMENDMENT.—The table of sec- as food, shelter, clothing, blankets, and hygiene (2) case managers of the Department of pro-
tions at the beginning of such subchapter is items) for— grams for homeless veterans authorized under
amended by adding at the end the following (A) homeless veterans; and such chapter; and
new item: (B) formerly homeless veterans residing in a (3) community-based service providers for
‘‘1164. Presumptions of service-connection for facility operated wholly or in part by such a re- homeless veterans receiving funds from the De-
Coronavirus Disease 2019.’’. cipient or eligible entity receiving per diem pay- partment through grants or contracts.
ments under section 2012 of such title. (e) DEFINITIONS.—In this section:
Subtitle B—Assistance for Homeless Veterans (4) ADDITIONAL TRANSITIONAL HOUSING.— (1) COVERED PUBLIC HEALTH EMERGENCY.—
SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF (A) IN GENERAL.—During a covered public
VETERANS AFFAIRS IN CARING FOR The term ‘‘covered public health emergency’’
health emergency, under the program, the Sec-
HOMELESS VETERANS DURING A means an emergency with respect to COVID–19
retary may provide amounts for additional tran-
COVERED PUBLIC HEALTH EMER- declared by a Federal, State, or local authority.
sitional housing beds to facilitate access to
GENCY. (2) HOMELESS VETERAN; VETERAN.—The terms
housing and services provided to homeless vet-
(a) GENERAL SUPPORT.— ‘‘homeless veteran’’ and ‘‘veteran’’ have the
erans.
(1) USE OF FUNDS.—During a covered public (B) NOTICE; COMPETITION; PERIOD OF PER- meanings given those terms in section 2002 of
health emergency, the Secretary of Veterans Af- FORMANCE.—The Secretary may provide title 38, United States Code.
fairs may use amounts appropriated or other- amounts under subparagraph (A)— (3) TELEHEALTH.—
wise made available to the Department of Vet- (i) without notice or competition; and (A) IN GENERAL.—The term ‘‘telehealth’’
erans Affairs to carry out sections 2011, 2012, (ii) for a period of performance determined by means the use of electronic information and
2031, and 2061 of title 38, United States Code, to the Secretary. telecommunications technologies to support and
provide to homeless veterans and veterans par- (5) INSPECTIONS AND LIFE SAFETY CODE RE- promote long-distance clinical health care, pa-
ticipating in the program carried out under sec- QUIREMENTS.— tient and professional health-related education,
tion 8(o)(19) of the United States Housing Act of (A) IN GENERAL.—During a covered public public health, and health administration.
1937 (42 U.S.C. 1437f(o)(19)) (commonly referred health emergency, the Secretary may waive any (B) TECHNOLOGIES.—For purposes of subpara-
to as ‘‘HUD-VASH’’), as the Secretary deter- requirement under subsection (b) or (c) of sec- graph (A), ‘‘telecommunications technologies’’
mines is needed, the following: tion 2012 of title 38, United States Code, in order include video conferencing, the internet, stream-
(A) Assistance required for safety and survival to allow the recipient of a grant or an eligible ing media, and terrestrial and wireless commu-
(such as food, shelter, clothing, blankets, and entity under the program— nications.
hygiene items). (i) to quickly identify temporary alternate SEC. 4202. LEGAL SERVICES FOR HOMELESS VET-
(B) Transportation required to support sta- sites of care for homeless veterans that are suit- ERANS AND VETERANS AT RISK FOR
bility and health (such as for appointments with able for habitation; HOMELESSNESS.
service providers, conducting housing searches, (ii) to facilitate social distancing or isolation (a) IN GENERAL.—Subchapter III of chapter 20
and obtaining food and supplies). needs; or of title 38, United States Code, is amended by in-
(C) Communications equipment and services (iii) to facilitate activation or continuation of serting after section 2022 the following new sec-
(such as tablets, smartphones, disposable a program for which a grant has been awarded. tion:
phones, and related service plans) required to (B) LIMITATION.—The Secretary may waive a
‘‘§ 2022A. Legal services for homeless veterans
support stability and health (such as maintain- requirement pursuant to the authority provided
and veterans at risk for homelessness
ing contact with service providers, prospective by subparagraph (A) with respect to a facility of
landlords, and family). a recipient of a grant or an eligible entity under ‘‘(a) GRANTS.—Subject to the availability of
(D) Such other assistance as the Secretary de- the program only if the facility meets applicable appropriations provided for such purpose, the
termines is needed. local safety requirements, including fire safety Secretary shall award grants to eligible entities
(2) HOMELESS VETERANS ON LAND OF THE DE- requirements. that provide legal services to homeless veterans
PARTMENT.— (6) DISPOSITION OF PROPERTY RELATING TO and veterans at risk for homelessness.
(A) COLLABORATION.—During a covered public GRANTS.—During a covered public health emer- ‘‘(b) CRITERIA.—(1) The Secretary shall—
health emergency, to the extent possible, the gency, if the recipient of a grant awarded before ‘‘(A) establish criteria and requirements for
Secretary may collaborate with one or more or- or during such emergency under section 2011 of grants under this section, including criteria for
ganizations to manage use of land of the De- title 38, United States Code, for a project de- entities eligible to receive such grants; and
partment for homeless veterans for living and scribed in subsection (b)(1) of such section is no ‘‘(B) publish such criteria and requirements in
sleeping. longer providing services in accordance with the the Federal Register.
(B) ELEMENTS.—Collaboration under subpara- terms of the grant, the recipient shall not be ‘‘(2) In establishing criteria and requirements
graph (A) may include the provision by either subject during such emergency to any property under paragraph (1), the Secretary shall—
the Secretary or the organization of food serv- disposition requirements relating to the grant ‘‘(A) take into consideration any criteria and
ices and security for property, buildings, and under subsection (c) or (f) of section 61.67 of requirements needed with respect to carrying
other facilities owned or controlled by the De- title 38, Code of Federal Regulations, section out this section in rural communities, on trust
partment. 200.311(c) of title 2, Code of Federal Regulations, lands, and in the territories and possessions of
(b) GRANT AND PER DIEM PROGRAM.— or successor regulations. the United States; and
(1) LIMITS ON RATES FOR PER DIEM PAY- (c) INSPECTION AND LIFE SAFETY CODE RE- ‘‘(B) consult with organizations that have ex-
MENTS.—Section 20013(b) of the Coronavirus QUIREMENTS FOR THERAPEUTIC HOUSING.— perience in providing services to homeless vet-
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Aid, Relief, and Economic Security Act (38 (1) IN GENERAL.—During a covered public erans, including—
U.S.C. 2011 note; Public Law 116–136) is amend- health emergency, the Secretary may waive any ‘‘(i) veterans service organizations;
ed— inspection or life safety code requirement under ‘‘(ii) the Equal Justice Works AmeriCorps Vet-
(A) by redesignating paragraphs (1) and (2) as subsection (c) of section 2032 of title 38, United erans Legal Corps; and
subparagraphs (A) and (B), respectively; States Code— ‘‘(iii) such other organizations as the Sec-
(B) in the matter preceding subparagraph (A), (A) to allow quick identification of temporary retary determines appropriate.
as so redesignated, by inserting ‘‘(1)’’ before ‘‘In alternate sites of care for homeless veterans that ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may
the case’’; and are suitable for habitation; award a grant under this section to an entity
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7191
applying for such a grant only if the applicant (c) CRITERIA.—Not later than 180 days after ‘‘(ii) In the case of services furnished to a
for the grant— the date of the enactment of this Act, the Sec- homeless veteran who is placed in housing that
‘‘(1) is a public or nonprofit private entity retary of Veterans Affairs shall establish and will become permanent housing for the veteran
with the capacity (as determined by the Sec- publish in the Federal Register the criteria and upon termination of the furnishing of such serv-
retary) to effectively administer a grant under requirements pursuant to subsection (b)(1) of ices to such veteran, the maximum rate of per
this section; section 2022A of title 38, United States Code, as diem authorized under this section is 150 percent
‘‘(2) demonstrates that adequate financial added by subsection (a). of the rate authorized for State homes for domi-
support will be available to carry out the serv- SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF ciliary care under subsection (a)(1)(A) of section
ices for which the grant is sought consistent VETERANS AFFAIRS PROGRAMS 1741 of this title, as the Secretary may increase
with the application; THAT PROVIDE ASSISTANCE TO from time to time under subsection (c) of that
‘‘(3) agrees to meet the applicable criteria and WOMEN VETERANS WHO ARE HOME- section.’’.
requirements established under subsection (b)(1); LESS. (b) REIMBURSEMENT OF CERTAIN FEES.—Such
and (a) IN GENERAL.—The Secretary of Veterans section is further amended by adding at the end
‘‘(4) has, as determined by the Secretary, dem- Affairs shall complete an analysis of programs the following new subsection:
onstrated the capacity to meet such criteria and of the Department of Veterans Affairs that pro- ‘‘(e) REIMBURSEMENT OF ENTITIES FOR CER-
requirements. vide assistance to women veterans who are TAIN FEES.—The Secretary may reimburse a re-
‘‘(d) USE OF FUNDS.—Grants under this sec- homeless or precariously housed to identify the cipient of a grant under section 2011, 2013, or
tion shall be used to provide homeless veterans areas in which such programs are failing to 2061 of this title or a recipient of per diem pay-
and veterans at risk for homelessness the fol- meet the needs of such women. ments under this section for fees charged to that
lowing legal services: (b) REPORT.—Not later than 270 days after the grant or per diem payment recipient for the use
‘‘(1) Legal services relating to housing, includ- date of the enactment of this Act, the Secretary of the homeless management information system
ing eviction defense, representation in landlord- shall submit to the Committee on Veterans’ Af- described in section 402(f) of the McKinney-
tenant cases, and representation in foreclosure fairs of the Senate and the Committee on Vet- Vento Homeless Assistance Act (42 U.S.C.
cases. erans’ Affairs of the House of Representatives a 11360a(f))—
‘‘(2) Legal services relating to family law, in- report on the analysis completed under sub- ‘‘(1) in amounts the Secretary determines to be
cluding assistance in court proceedings for child section (a). reasonable; and
support, divorce, estate planning, and family SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED ‘‘(2) if the Secretary determines that the grant
reconciliation. BY THE SECRETARY OF VETERANS or per diem payment recipient is unable to ob-
‘‘(3) Legal services relating to income support, AFFAIRS TO ENTITIES THAT PRO- tain information contained in such system
VIDE SERVICES TO HOMELESS VET-
including assistance in obtaining public bene- ERANS.
through other means and at no cost to the grant
fits. or per diem payment recipient.’’.
(a) INCREASE IN PER DIEM PAYMENTS.—Para-
‘‘(4) Legal services relating to criminal de- SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO
graph (2) of subsection (a) of section 2012 of title CARRY OUT PROGRAM OF REFERRAL
fense, including defense in matters symptomatic
38, United States Code, is amended to read as AND COUNSELING SERVICES FOR
of homelessness, such as outstanding warrants,
follows: VETERANS AT RISK FOR HOMELESS-
fines, and driver’s license revocation, to reduce ‘‘(2)(A)(i) Except as otherwise provided in sub- NESS WHO ARE TRANSITIONING
recidivism and facilitate the overcoming of re- paragraph (B), the rate for such per diem pay- FROM CERTAIN INSTITUTIONS.
entry obstacles in employment or housing. ments shall be the daily cost of care estimated (a) IN GENERAL.—Section 2023 of title 38,
‘‘(5) Legal services relating to requests to up-
by the grant recipient or eligible entity adjusted United States Code, is amended—
grade the characterization of a discharge or dis- (1) by striking subsection (d); and
by the Secretary under clause (ii).
missal of a former member of the Armed Forces ‘‘(ii)(I) The Secretary shall adjust the rate es- (2) by redesignating subsection (e) as sub-
under section 1553 of title 10. timated by the grant recipient or eligible entity section (d).
‘‘(6) Such other legal services as the Secretary under clause (i) to exclude other sources of in- (b) CONFORMING AMENDMENT.—Section
determines appropriate. come described in subclause (III) that the grant 2021(a)(4) of such title is amended by striking
‘‘(e) FUNDS FOR WOMEN VETERANS.—For any ‘‘section 2023(e)’’ and inserting ‘‘section
recipient or eligible entity certifies to be correct.
fiscal year, not less than 10 percent of the ‘‘(II) Each grant recipient or eligible entity 2023(d)’’.
amount authorized to be appropriated for grants shall provide to the Secretary such information SEC. 4206. COORDINATION OF CASE MANAGE-
under this section shall be used to provide legal with respect to other sources of income as the MENT SERVICES FOR VETERANS RE-
services described in subsection (d) to women Secretary may require to make the adjustment CEIVING HOUSING VOUCHERS
veterans. UNDER TRIBAL HOUSING AND
under subclause (I). URBAN DEVELOPMENT-VETERANS
‘‘(f) LOCATIONS.—To the extent practicable, ‘‘(III) The other sources of income referred to
the Secretary shall award grants under this sec- AFFAIRS SUPPORTIVE HOUSING
in subclauses (I) and (II) are payments to the PROGRAM.
tion to eligible entities in a manner that is equi- grant recipient or eligible entity for furnishing
tably distributed across the geographic regions Section 2003 of title 38, United States Code, is
services to homeless veterans under programs amended by adding at the end the following
of the United States, including with respect to— other than under this subchapter, including
‘‘(1) rural communities; new subsection:
payments and grants from other departments ‘‘(c) MEMORANDUM OF UNDERSTANDING ON AS-
‘‘(2) trust lands (as defined in section 3765 of and agencies of the United States, from depart- SISTANCE FROM INDIAN HEALTH SERVICE.—The
this title); ments or agencies of State or local government,
‘‘(3) Native Americans; and Secretary may enter into a memorandum of un-
and from private entities or organizations. derstanding with the Secretary of Health and
‘‘(4) tribal organizations (as defined in section ‘‘(iii) For purposes of calculating the rate for
4 of the Indian Self-Determination and Edu- Human Services under which case managers of
per diem payments under clause (i), in the case the Indian Health Service may provide case
cation Assistance Act (25 U.S.C. 5304)). of a homeless veteran who has care of a minor
‘‘(g) BIENNIAL REPORTS.—(1) Not less fre- management assistance to veterans who receive
dependent while receiving services from the housing vouchers under the Tribal Housing and
quently than once every two years, the Sec-
grant recipient or eligible entity, the daily cost Urban Development-Veterans Affairs Supportive
retary shall submit to the Committee on Vet-
of care of the homeless veteran shall be the sum Housing (Tribal HUD-VASH) program of the
erans’ Affairs of the Senate and the Committee
of the daily cost of care of the homeless veteran Department of Housing and Urban Develop-
on Veterans’ Affairs of the House of Representa-
determined under clause (i) plus, for each such ment.’’.
tives a report on grants awarded under this sec-
minor dependent, an amount that equals 50 per- SEC. 4207. CONTRACTS RELATING TO CASE MAN-
tion.
cent of such daily cost of care. AGERS FOR HOMELESS VETERANS IN
‘‘(2) To the extent feasible, each report re- ‘‘(B)(i)(I) Except as provided in clause (ii), SUPPORTED HOUSING PROGRAM.
quired by paragraph (1) shall include the fol- and subject to the availability of appropriations, (a) IN GENERAL.—Section 304 of the Honoring
lowing with respect to the period covered by the the Secretary may adjust the rate for per diem America’s Veterans and Caring for Camp
report: payments under this paragraph, as the Sec-
‘‘(A) The number of homeless veterans and Lejeune Families Act of 2012 (Public Law 112–
retary considers appropriate. 154; 38 U.S.C. 2041 note) is amended—
veterans at risk for homelessness assisted. ‘‘(II) Any adjustment made under this (1) in subsection (a)—
‘‘(B) A description of the legal services pro- clause— (A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
vided. ‘‘(aa) may not result in a rate that— (B) by adding at the end the following new
‘‘(C) A description of the legal matters ad- ‘‘(AA) is lower than the rate in effect under paragraphs:
dressed. this paragraph as in effect immediately pre- ‘‘(2)(A) The director of each covered medical
‘‘(D) An analysis by the Secretary with re- ceding the date of the enactment of the Navy center shall seek to enter into one or more con-
spect to the operational effectiveness and cost- SEAL Bill Mulder Act of 2020; or tracts or agreements described in paragraph (1).
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effectiveness of the services provided.’’. ‘‘(BB) exceeds the rate that is 115 percent of ‘‘(B) Any contract or agreement under sub-
(b) CLERICAL AMENDMENT.—The table of sec- the rate authorized for State homes for domi- paragraph (A) may require that each case man-
tions at the beginning of chapter 20 of such title ciliary care under subsection (a)(1)(A) of section ager employed by an eligible entity who per-
is amended by inserting after the item relating 1741 of this title, as the Secretary may increase forms services under the contract or agreement
to section 2022 the following new item: from time to time under subsection (c) of that has credentials equivalent to the credentials re-
‘‘2022A. Legal services for homeless veterans and section; and quired for a case manager of the Department.
veterans at risk for homeless- ‘‘(bb) may be determined on the basis of local- ‘‘(C)(i) The Secretary may waive the require-
ness.’’. ity. ment under subparagraph (A) with respect to a
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H7192 CONGRESSIONAL RECORD — HOUSE December 16, 2020
covered medical center if the Secretary deter- and Urban Development have worked with non- and Other Veterans’ Benefits Improvement Act
mines that fulfilling such requirement is infeasi- Federal partners (such as local governments, of 2012 (Public Law 112–260; 10 U.S.C. 1144 note)
ble. nongovernmental organizations, veterans service is amended—
‘‘(ii) If the Secretary grants a waiver under organizations, and employee unions) to meet the (1) by striking ‘‘During the two-year period
clause (i), the Secretary shall, not later than 90 staffing needs of the HUD-VASH program. beginning on the date of the enactment of this
days after granting such waiver, submit to the (5) Examples of how medical centers of the Act’’ and inserting ‘‘During the five-year period
Committee on Veterans’ Affairs of the Senate Department of Veterans Affairs with high reten- beginning on the date of the enactment of the
and the Committee on Veterans’ Affairs of the tion rates for case managers of the HUD-VASH Navy SEAL Bill Mulder Act of 2020’’; and
House of Representatives a report containing— program have been able to maintain staffing lev- (2) by striking ‘‘to assess the feasibility and
‘‘(I) an explanation of the determination made els. advisability of providing such program to eligi-
under clause (i); Subtitle C—Retraining Assistance for ble individuals at locations other than military
‘‘(II) a plan to increase the number of case Veterans installations’’.
managers of the Department; and (b) LOCATIONS.—Subsection (c) of such section
SEC. 4301. ACCESS FOR THE SECRETARIES OF
‘‘(III) a plan for the covered medical center to LABOR AND VETERANS AFFAIRS TO is amended—
increase use of housing vouchers allocated to THE FEDERAL DIRECTORY OF NEW (1) in paragraph (1)—
that medical center under the program described HIRES. (A) in the paragraph heading, by striking
in paragraph (1). Section 453A(h) of the Social Security Act (42 ‘‘STATES’’ and inserting ‘‘LOCATIONS’’; and
‘‘(D) In this paragraph, the term ‘covered U.S.C. 653a(h)) is amended by adding at the end (B) by striking ‘‘not less than three and not
medical center’ means a medical center of the the following new paragraph: more than five States’’ and inserting ‘‘not fewer
Department with respect to which the Secretary ‘‘(4) VETERAN EMPLOYMENT.—The Secretaries than 50 locations in States (as defined in section
determines that— of Labor and of Veterans Affairs shall have ac- 101 of title 38, United States Code)’’;
‘‘(i) more than 15 percent of all housing cess to information reported by employers pursu- (2) in paragraph (2), by striking ‘‘at least
vouchers allocated to that medical center under ant to subsection (b) of this section for purposes two’’ and inserting ‘‘at least 20’’; and
the program described in paragraph (1) during of tracking employment of veterans.’’. (3) by adding at the end the following new
the fiscal year preceding the fiscal year in SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF paragraphs:
which such determination was made were un- PROVIDERS OF HIGH TECHNOLOGY ‘‘(5) PREFERENCES.—In selecting States for
used due to a lack of case management services PROGRAMS OF EDUCATION FOR VET- participation in the pilot program, the Secretary
provided by the Secretary; and ERANS. shall provide a preference for any State with—
‘‘(ii) one or more case manager positions have Section 116 of the Harry W. Colmery Veterans ‘‘(A) a high rate of usage of unemployment
been vacant for at least nine consecutive months Educational Assistance Act of 2017 (Public Law benefits for recently separated members of the
immediately preceding the date of such deter- 115–48; 38 U.S.C. 3001 note) is amended— Armed Forces; or
mination.’’; and (1) in subsection (b), by adding at the end the ‘‘(B) a labor force or economy that has been
(2) in subsection (b)(2)— following: ‘‘The Secretary shall treat an indi- significantly impacted by a covered public
(A) in the matter before subparagraph (A), by vidual as an eligible veteran if the Secretary de- health emergency.
striking ‘‘, including because—’’ and inserting a termines that the individual shall become an eli- ‘‘(6) COVERED PUBLIC HEALTH EMERGENCY DE-
period; and gible veteran fewer than 180 days after the date FINED.—In this subsection, the term ‘covered
(B) by striking subparagraphs (A), (B), and of such determination. If an individual treated public health emergency’ means—
(C). as an eligible veteran by reason of the preceding ‘‘(A) the public health emergency declared by
(b) EFFECTIVE DATE.—The amendments made sentence does anything to make the veteran in- the Secretary of Health and Human Services
by this section shall take effect on the first day eligible during the 180-day period referred to in under section 319 of the Public Health Service
of the first fiscal year that begins after the date such sentence, the Secretary may require the Act (42 U.S.C. 247d) on January 31, 2020, with
of the enactment of this Act. veteran to repay any benefits received by such respect to Coronavirus Disease 2019 (COVID–19);
SEC. 4208. REPORT ON STAFFING OF DEPART- veteran by reason of such sentence.’’; or
MENT OF HOUSING AND URBAN DE- (2) in subsection (c)—
VELOPMENT-DEPARTMENT OF VET- ‘‘(B) a domestic emergency declared, based on
(A) in paragraph (3)(A), by striking ‘‘has been an outbreak of Coronavirus Disease 2019
ERANS AFFAIRS SUPPORTED HOUS-
operational for at least 2 years’’ and inserting (COVID–19), by the President, the Secretary of
ING PROGRAM.
‘‘employs instructors whom the Secretary deter- Homeland Security, or a State or local author-
Not later than 180 days after the date of the
mines are experts in their respective fields in ac- ity.’’.
enactment of this Act, and every three years
cordance with paragraph (6)’’; and (c) ANNUAL REPORT.—Subsection (e) of such
thereafter, the Secretary of Veterans Affairs (B) by adding at the end the following new
shall submit to the Committee on Veterans’ Af- section is amended by adding at the end the fol-
paragraph: lowing new sentence: ‘‘Each such report shall
fairs of the Senate and the Committee on Vet- ‘‘(6) EXPERTS.—The Secretary shall determine
erans’ Affairs of the House of Representatives a include information about the employment out-
whether instructors are experts under para-
report that includes the following: comes of the eligible individuals who received
graph (3)(A) based on evidence furnished to the
(1) An assessment of the hiring needs of the such training during the year covered by the re-
Secretary by the provider regarding the ability
program carried out under section 8(o)(19) of the port.’’.
of the instructors to— (d) CONFORMING REPEAL.—Subsection (f) of
United States Housing Act of 1937 (42 U.S.C. ‘‘(A) identify professions in need of new em-
1437f(o)(19)) (in this section referred to as the such section is repealed.
ployees to hire, tailor the programs to meet mar-
‘‘HUD-VASH program’’), including— SEC. 4304. GRANTS FOR PROVISION OF TRANSI-
ket needs, and identify the employers likely to
(A) an identification of the number of case TION ASSISTANCE TO MEMBERS OF
hire graduates; THE ARMED FORCES AFTER SEPARA-
managers of the HUD-VASH program as of the ‘‘(B) effectively teach the skills offered to eli- TION, RETIREMENT, OR DISCHARGE.
date of the report including— gible veterans;
(i) the total number of vacancies; and (a) IN GENERAL.—The Secretary of Veterans
‘‘(C) provide relevant industry experience in
(ii) the vacancies at each medical center of the Affairs shall make grants to eligible organiza-
the fields of programs offered to incoming eligi-
Department of Veterans Affairs; tions for the provision of transition assistance to
ble veterans; and
(B) the number of case managers of the HUD- members of the Armed Forces who are sepa-
‘‘(D) demonstrate relevant industry experience
VASH program that the Secretary of Veterans rated, retired, or discharged from the Armed
in such fields of programs.’’;
Affairs and the Secretary of Housing and Urban (3) in subsection (d), in the matter preceding Forces, and spouses of such members.
Development jointly determine necessary to meet paragraph (1)— (b) USE OF FUNDS.—The recipient of a grant
the needs of the Department and the program; (A) by inserting ‘‘(not including an individual under this section shall use the grant to provide
and described in the second sentence of subsection to members of the Armed Forces and spouses de-
(C) the amount of turnover among case man- (b))’’ after ‘‘each eligible veteran’’; and scribed in subsection (a) resume assistance,
agers of the HUD-VASH program and whether (B) by inserting ‘‘or part-time’’ after ‘‘full- interview training, job recruitment training, and
the turnover was planned or unexpected. time’’; related services leading directly to successful
(2) An assessment of how compensation, in- (4) in subsection (g), by striking ‘‘$15,000,000’’ transition, as determined by the Secretary.
cluding recruitment and retention incentives, and inserting ‘‘$45,000,000’’; and (c) ELIGIBLE ORGANIZATIONS.—To be eligible
for case managers of the HUD-VASH program (5) by adding at the end the following new for a grant under this section, an organization
affects turnover, and what percentage of reten- subsection (i): shall submit to the Secretary an application
tion compensation is provided to such case man- ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF containing such information and assurances as
agers at each medical center of the Department ASSISTANCE.—The Secretary may not consider the Secretary, in consultation with the Sec-
of Veterans Affairs (compared to other posi- enrollment in a high technology program of edu- retary of Labor, may require.
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tions). cation under this section to be assistance under (d) PRIORITY.—In making grants under this
(3) A comparison of compensation described in a provision of law referred to in section 3695 of section, the Secretary shall give priority to an
paragraph (2) with the compensation provided title 38, United States Code.’’. organization that—
to State, local, and nongovernmental housing SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRAN- (1) provides multiple forms of services de-
employees at comparable training and experi- SITION TRAINING FOR VETERANS scribed in subsection (b); or
ence levels. AND SPOUSES. (2) is located in a State with—
(4) Examples of how the Department of Vet- (a) EXTENSION OF PILOT PROGRAM.—Sub- (A) a high rate of unemployment among vet-
erans Affairs and the Department of Housing section (a) of section 301 of the Dignified Burial erans;
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7193
(B) a high rate of usage of unemployment (A) the Committee on Veterans’ Affairs and (J) The percentage of each cohort that
benefits for recently separated members of the the Committee on Armed Services of the Senate; achieves a successful outcome for the Transition
Armed Forces; or and Assistance Program, as determined under sec-
(C) a labor force or economy that has been (B) the Committee on Veterans’ Affairs and tion 136(a)(7).
significantly impacted by a covered public the Committee on Armed Services of the House (K) Other criteria the Secretaries and the Ad-
health emergency (as such term is defined in of Representatives. ministrator of the Small Business Administra-
section 131(n)). (2) COVERED OFFICIALS.—The term ‘‘covered tion determine appropriate.
(e) AMOUNT OF GRANT.—A grant under this officials’’ means— (d) APPROPRIATE COMMITTEES OF CONGRESS
section shall be in an amount that does not ex- (A) the Secretary of Defense; DEFINED.—In this section, the term ‘‘appro-
ceed 50 percent of the amount required by the (B) the Secretary of Labor; priate committees of Congress’’ means—
organization to provide the services described in (C) the Administrator of the Small Business (1) the Committee on Veterans’ Affairs and
subsection (b). Administration; and the Committee on Armed Services of the Senate;
(f) DEADLINE.—The Secretary shall carry out (D) the Secretaries of the military depart- and
this section not later than 180 days after the ments. (2) the Committee on Veterans’ Affairs and
date of the enactment of this Act. (3) MILITARY DEPARTMENT.—The term ‘‘mili- the Committee on Armed Services of the House
(g) TERMINATION.—The authority to provide a tary department’’ has the meaning given that of Representatives.
grant under this section shall terminate on the term in section 101 of title 10, United States
TITLE V—DEBORAH SAMPSON
date that is five years after the date on which Code.
SEC. 4306. LONGITUDINAL STUDY ON CHANGES SEC. 5001. SHORT TITLE.
the Secretary implements the grant program
under this section. TO TRANSITION ASSISTANCE PRO- This title may be cited as the ‘‘Deborah Samp-
SEC. 4305. ONE-YEAR INDEPENDENT ASSESSMENT
GRAM. son Act of 2020’’.
OF THE EFFECTIVENESS OF TRANSI- (a) STUDY.—Not later than 90 days after the Subtitle A—Improving Access for Women Vet-
TION ASSISTANCE PROGRAM. date of the enactment of this Act, the Secretary erans to the Department of Veterans Affairs
(a) INDEPENDENT ASSESSMENT.—Not later than of Veterans Affairs, in consultation with the SEC. 5101. OFFICE OF WOMEN’S HEALTH IN DE-
90 days after the date of the enactment of this Secretary of Defense, the Secretary of Labor, PARTMENT OF VETERANS AFFAIRS.
Act, the Secretary of Veterans Affairs, in con- and the Administrator of the Small Business Ad- (a) CHIEF OFFICER OF WOMEN’S HEALTH.—
sultation with the covered officials, shall enter ministration, shall conduct a five-year longitu- Subsection (a) of section 7306 of title 38, United
into an agreement with an appropriate entity dinal study regarding the Transition Assistance States Code, is amended—
with experience in adult education to carry out Program under sections 1142 and 1144 of title 10, (1) by redesignating paragraph (10) as para-
a one-year independent assessment of the Tran- United States Code (TAP), on three separate co- graph (11); and
sition Assistance Program under sections 1142 horts of members of the Armed Forces who have (2) by inserting after paragraph (9) the fol-
and 1144 of title 10, United States Code (TAP), separated from the Armed Forces, including— lowing new paragraph (10):
including— (1) a cohort that has attended counseling ‘‘(10) The Chief Officer of Women’s Health.’’.
(1) the effectiveness of the Transition Assist- under the Transition Assistance Program as im- (b) ORGANIZATION OF OFFICE AND ANNUAL RE-
ance Program for members of each military de- plemented on the date of the enactment of this PORTS.—
partment during the entire military life cycle; Act; (1) IN GENERAL.—Subchapter I of chapter 73 of
(2) the appropriateness of the career readiness (2) a cohort that attends counseling under the title 38, United States Code, is amended by add-
standards of the Transition Assistance Program; Transition Assistance Program after the Sec- ing at the end of the following new sections:
(3) a review of information that is provided to retary of Defense and the Secretary of Labor im- ‘‘§ 7310. Office of Women’s Health
the Department of Veterans Affairs under the plement changes recommended in the report
under section 136(b); and ‘‘(a) ESTABLISHMENT.—(1) The Under Sec-
Transition Assistance Program, including men-
(3) a cohort that has not attended counseling retary for Health shall establish and operate in
tal health data;
(4) whether the Transition Assistance Pro- under the Transition Assistance Program. the Veterans Health Administration the Office
gram effectively addresses the challenges vet- (b) PROGRESS REPORTS.—Not later than 90 of Women’s Health (in this section referred to as
erans face entering the civilian workforce and days after the date that is one year after the the ‘Office’).
in translating experience and skills from mili- date of the initiation of the study under sub- ‘‘(2) The Office shall be located at the Central
tary service to the job market; section (a), and annually thereafter for the Office of the Department of Veterans Affairs.
(5) whether the Transition Assistance Pro- three subsequent years, the Secretary of Vet- ‘‘(3)(A) The head of the Office is the Chief Of-
gram effectively addresses the challenges faced erans Affairs, the Secretary of Defense, the Sec- ficer of Women’s Health (in this section referred
by the families of veterans making the transition retary of Labor, and the Administrator of the to as the ‘Chief Officer’).
Small Business Administration shall jointly sub- ‘‘(B) The Chief Officer shall report to the
to civilian life;
(6) appropriate metrics regarding outcomes of mit to the appropriate committees of Congress a Under Secretary for Health.
the Transition Assistance Program for members ‘‘(4) The Under Secretary for Health shall
progress report of activities under the study dur-
of the Armed Forces one year after separation, provide the Office with such staff and other
ing the immediately preceding year.
retirement, or discharge from the Armed Forces; (c) FINAL REPORT.— support as may be necessary for the Office to
(7) what the Secretary, in consultation with (1) IN GENERAL.—Not later than 180 days after carry out effectively the functions of the Office
the covered officials and veterans service orga- the completion of the study under subsection under this section.
nizations, determine to be successful outcomes (a), the Secretary of Veterans Affairs, the Sec- ‘‘(5) The Under Secretary for Health may re-
for the Transition Assistance Program; retary of Defense, the Secretary of Labor, and organize existing offices within the Veterans
(8) whether members of the Armed Forces the Administrator of the Small Business Admin- Health Administration as of the date of the en-
achieve successful outcomes for the Transition istration shall jointly submit to the appropriate actment of this section in order to avoid dupli-
Assistance Program, as determined under para- committees of Congress a report of final findings cation with the functions of the Office.
graph (7); and recommendations based on the study. ‘‘(b) FUNCTIONS.—The functions of the Office
(9) how the Secretary and the covered officials (2) ELEMENTS.—The final report under para- include the following:
provide feedback to each other regarding such graph (1) shall include information regarding ‘‘(1) To provide a central office for monitoring
outcomes; the following: and encouraging the activities of the Veterans
(10) recommendations for the Secretaries of (A) The percentage of each cohort that re- Health Administration with respect to the provi-
the military departments regarding how to im- ceived unemployment benefits during the study sion, evaluation, and improvement of health
prove outcomes for members of the Armed Forces under subsection (a). care services provided to women veterans by the
after separation, retirement, and discharge; and (B) The numbers of months members of each Department.
(11) other topics the Secretary and the covered cohort were employed during the study. ‘‘(2) To develop and implement standards of
officials determine would aid members of the (C) Annual starting and ending salaries of care for the provision of health care for women
Armed Forces as they transition to civilian life. members of each cohort who were employed dur- veterans by the Department.
(b) REPORT.—Not later than 90 days after the ing the study. ‘‘(3) To monitor and identify deficiencies in
completion of the independent assessment under (D) How many members of each cohort en- standards of care for the provision of health
subsection (a), the Secretary and the covered of- rolled in an institution of higher learning, as care for women veterans by the Department, to
ficials shall jointly submit to the appropriate that term is defined in section 3452(f) of title 38, provide technical assistance to medical facilities
committees of Congress— United States Code. of the Department to address and remedy defi-
(1) the findings and recommendations (includ- (E) The academic credit hours, degrees, and ciencies, and to perform oversight of implemen-
ing recommended legislation) of the independent certificates obtained by members of each cohort tation of such standards of care.
assessment prepared by the entity described in during the study. ‘‘(4) To monitor and identify deficiencies in
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subsection (a); and (F) The annual income of members of each co- standards of care for the provision of health
(2) responses of the Secretary and the covered hort. care for women veterans provided through the
officials to the findings and recommendations (G) The total household income of members of community pursuant to this title and to provide
described in paragraph (1). each cohort. recommendations to the appropriate office to
(c) DEFINITIONS.—In this section: (H) How many members of each cohort own address and remedy any deficiencies.
(1) APPROPRIATE COMMITTEES OF CONGRESS.— their principal residences. ‘‘(5) To oversee distribution of resources and
The term ‘‘appropriate committees of Congress’’ (I) How many dependents members of each co- information related to health programming for
means— hort have. women veterans under this title.
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H7194 CONGRESSIONAL RECORD — HOUSE December 16, 2020
‘‘(6) To promote the expansion and improve- ‘‘§ 7310A. Annual reports on women’s health women, including the following, disaggregated
ment of clinical, research, and educational ac- ‘‘(a) ANNUAL REPORTS.—Not later than De- by Veterans Integrated Service Network and
tivities of the Veterans Health Administration cember 1 of each year, the Chief Officer of Wom- State (except with respect to paragraph (4)):
with respect to the health care of women vet- en’s Health shall submit to the appropriate con- ‘‘(1) The number of women’s health centers.
erans. gressional committees a report containing the ‘‘(2) The number of patient aligned care teams
‘‘(7) To provide, as part of the annual budg- matters under subsections (b) through (g). of the Department relating to women’s health.
eting process, recommendations with respect to ‘‘(b) OFFICE OF WOMEN’S HEALTH.—Each re- ‘‘(3) The number of full- and part-time gyne-
the amounts to be requested for furnishing hos- port under subsection (a) shall include a de- cologists of the Department.
pital care and medical services to women vet- scription of— ‘‘(4) The number of designated women’s
erans pursuant to chapter 17 of this title, in- ‘‘(1) actions taken by the Office of Women’s health care providers of the Department,
cluding, at a minimum, recommendations that Health established under section 7310 of this disaggregated by facility of the Department.
ensure that such amounts either reflect or ex- title in the preceding fiscal year to improve the ‘‘(5) The number of health care providers of
ceed the proportion of veterans enrolled in the provision of health care by the Department to the Department who have completed a mini-resi-
system of patient enrollment of the Department women veterans; dency for women’s health care through the
established and operated under section 1705(a) ‘‘(2) any identified deficiencies related to the Women Veterans Health Care Mini-Residency
of this title who are women. provision of health care by the Department to Program of the Department during the one-year
‘‘(8) To provide recommendations to the Under period preceding the submittal of the report and
women veterans and the standards of care es-
Secretary for Health with respect to modifying the number of mini-residency training slots for
tablished in such section and the plan of the
the Veterans Equitable Resource Allocation sys- such program that are available during the one-
Department to address such deficiencies;
tem, or successor system, to ensure that resource year period following such date.
‘‘(3) the funding and personnel provided to
allocations under such system, or successor sys- ‘‘(6) The number of designated women’s
the Office and whether additional funding or
tem, reflect the health care needs of women vet- health care providers of the Department who
personnel are needed to meet the requirements
erans. have sufficient women patient loads or case
of such section; and
‘‘(9) To carry out such other duties as the complexities to retain their competencies and
‘‘(4) other information that would be of inter-
Under Secretary for Health may require. proficiencies.
‘‘(c) RECOMMENDATIONS.—(1) If the Under est to the appropriate congressional committees
with respect to oversight of the provision of ‘‘(f) ACCESSIBILITY AND TREATMENT OP-
Secretary for Health determines not to imple- TIONS.—Each report under subsection (a) shall
ment any recommendation made by the Chief health care by the Department to women vet-
erans. include an analysis of the accessibility and
Officer with respect to the allocation of re- treatment options for women veterans, including
sources to address the health care needs of ‘‘(c) ACCESS TO GENDER-SPECIFIC SERVICES.—
(1) Each report under subsection (a) shall in- the following:
women veterans, the Secretary shall notify the ‘‘(1) An assessment of wheelchair accessibility
appropriate congressional committees of such clude an analysis of the access of women vet-
erans to gender-specific services under con- of women’s health centers of the Department,
determination by not later than 30 days after including, with respect to each such center, an
the date on which the Under Secretary for tracts, agreements, or other arrangements with
non-Department medical providers entered into assessment of accessibility for each kind of
Health receives the recommendation. treatment provided at the center, including with
‘‘(2) Each notification under paragraph (1) re- by the Secretary for the provision of hospital
care or medical services to veterans. respect to radiology and mammography, that
lating to a determination with respect to a rec- addresses all relevant factors, including door
ommendation shall include the following: ‘‘(2) The analysis under paragraph (1) shall
include data and performance measures for the sizes, hoists, and equipment.
‘‘(A) The reasoning of the Under Secretary for
availability of gender-specific services described ‘‘(2) The options for women veterans to access
Health in making the determination.
‘‘(B) An alternative, if one is selected, to the in such paragraph, including— mental health providers and primary care pro-
recommendation that the Under Secretary for ‘‘(A) the average wait time between the pre- viders who are women.
Health will carry out to fulfill the health care ferred appointment date of the veteran and the ‘‘(3) The options for women veterans at med-
needs of women veterans. date on which the appointment is completed; ical facilities of the Department with respect to
‘‘(d) STANDARDS OF CARE.—For purposes of ‘‘(B) the average driving time required for vet- clothing sizes, including for gowns, drawstring
carrying out the functions of the Office under erans to attend appointments; and pants, and pajamas.
this section, the standards of care for the provi- ‘‘(C) reasons why appointments could not be ‘‘(g) DEFINITIONS.—In this section:
sion of health care for women veterans from the scheduled with non-Department medical pro- ‘‘(1) The term ‘appropriate congressional com-
Department shall include, at a minimum, the viders. mittees’ means—
following: ‘‘(d) MODELS OF CARE.—(1) Each report under ‘‘(A) the Committee on Appropriations and the
‘‘(1) A requirement for— subsection (a) shall include an analysis of the Committee on Veterans’ Affairs of the Senate;
‘‘(A) at least one designated women’s health use by the Department of general primary care and
primary care provider at each medical center of clinics, separate but shared spaces, and women’s ‘‘(B) the Committee on Appropriations and the
the Department whose duties include, to the ex- health centers as delivery of care models for Committee on Veterans’ Affairs of the House of
tent practicable, providing training to other women veterans. Representatives.
health care providers of the Department with re- ‘‘(2) The analysis under paragraph (1) shall ‘‘(2) The term ‘gender-specific services’ means
spect to the needs of women veterans; and include the following: mammography, obstetric care, gynecological
‘‘(B) at least one designated women’s health ‘‘(A) The number of facilities of the Depart- care, and such other services as the Secretary
primary care provider at each community-based ment that fall into each delivery of care model determines appropriate.’’.
outpatient clinic of the Department who may described in such paragraph, disaggregated by (2) REFERENCES TO HEALTH CARE AND SERV-
serve women patients as a percentage of the ICES.—The references to health care and the ref-
Veterans Integrated Service Network and State.
total duties of the provider. ‘‘(B) A description of the criteria used by the erences to services in sections 7310 and 7310A of
‘‘(2) Other requirements as determined by the Department to determine which such model is title 38, United States Code, as added by para-
Under Secretary for Health. most appropriate for each facility of the Depart- graph (1), are references to the health care and
‘‘(e) OUTREACH.—The Chief Officer shall en- services included in the medical benefits pack-
ment.
sure that— age provided by the Department as in effect on
‘‘(1) not less frequently than biannually, each ‘‘(C) An assessment of how the Department
decides to make investments to modify facilities the day before the date of the enactment of this
medical facility of the Department holds a pub- Act.
lic forum for women veterans that occurs out- to a different model.
‘‘(D) A description of what, if any, plans the (3) CLERICAL AMENDMENT.—The table of sec-
side of regular business hours; and tions for such chapter is amended by inserting
‘‘(2) not less frequently than quarterly, each Department has to modify facilities from general
primary care clinics to another model. after the item relating to section 7309A the fol-
medical facility of the Department convenes a lowing new items:
focus group of women veterans that includes a ‘‘(E) An assessment of whether any facilities
could be modified to a separate but shared space ‘‘7310. Office of Women’s Health.
discussion of harassment occurring at such fa-
for a women’s health center within planned in- ‘‘7310A. Annual reports on women’s health.’’.
cility.
‘‘(f) DEFINITIONS.—In this section: vestments under the strategic capital investment (c) INITIAL REPORT.—The Chief Officer of
‘‘(1) The term ‘appropriate congressional com- planning process of the Department. Women’s Health of the Department of Veterans
mittees’ has the meaning given that term in sec- ‘‘(F) An assessment of whether any facilities Affairs shall submit the initial report under sec-
tion 7310A(h) of this title. could be modified to a separate or shared space tion 7310A of title 38, United States Code, as
‘‘(2) The term ‘facility of the Department’ has or a women’s health center with minor modifica- added by subsection (b), by not later than one
the meaning given the term ‘facilities of the De- tions to existing plans under the strategic cap- year after the date of the enactment of this Act.
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partment’ in section 1701(3) of this title. ital investment planning process of the Depart- SEC. 5102. WOMEN VETERANS RETROFIT INITIA-
‘‘(3) The term ‘Veterans Equitable Resource ment. TIVE.
Allocation system’ means the resource allocation ‘‘(G) An assessment of whether the Depart- (a) IN GENERAL.—The Secretary of Veterans
system established pursuant to section 429 of the ment has a goal for how many facilities should Affairs shall prioritize the retrofitting of exist-
Departments of Veterans Affairs and Housing fall into each such model. ing medical facilities of the Department of Vet-
and Urban Development, and Independent ‘‘(e) STAFFING.—Each report under subsection erans Affairs with fixtures, materials, and other
Agencies Appropriations Act, 1997 (Public Law (a) shall include an analysis of the staffing of outfitting measures to support the provision of
104–204; 110 Stat. 2929). the Department relating to the treatment of care to women veterans at such facilities.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7195
(b) PLAN.— ‘‘(bb) Financial counseling. Comptroller General of the United States shall
(1) IN GENERAL.—Not later than one year after ‘‘(cc) Occupational counseling. submit to the Committee on Veterans’ Affairs of
the date of the enactment of this Act, the Sec- ‘‘(dd) Information and counseling on stress re- the Senate and the Committee on Veterans’ Af-
retary shall submit to Congress, the Committee duction. fairs of the House of Representatives a report on
on Veterans’ Affairs of the Senate, and the ‘‘(ee) Information and counseling on conflict the efforts of the Department of Veterans Af-
Committee on Veterans’ Affairs of the House of resolution. fairs to provide supportive services to women
Representatives a plan to address deficiencies in ‘‘(ff) Such other information and counseling veterans under section 2044 of title 38, United
environment of care for women veterans at med- as the Secretary considers appropriate to assist States.
ical facilities of the Department. the individual in reintegration into family, em- (2) ELEMENTS.—The report required by para-
(2) ELEMENTS.—The plan required by para- ployment, and community. graph (1) shall include the following:
graph (1) shall include the following: ‘‘(III) In furnishing reintegration and read- (A) A review of how the Department deter-
(A) An explanation of the specific environ- justment services under subclause (I), the Sec- mines which categories of supportive services
ment of care deficiencies that need correcting. retary shall offer women the opportunity to re- would be beneficial to women veterans who re-
(B) An assessment of how the Secretary ceive such services in group retreat settings in ceive services under such section.
prioritizes retrofitting existing medical facilities which the only participants are women. (B) A description of the challenges women vet-
to support provision of care to women veterans ‘‘(IV) An individual described in subpara- erans who have children face in accessing sup-
in comparison to other requirements. graph (C)(v) may receive reintegration and re- portive services under such section, including
(C) A five-year strategic plan and cost projec- adjustment services under subclause (I) of this with respect to accessing—
tion for retrofitting medical facilities of the De- clause only if the individual receives such serv- (i) homeless shelters with their children;
partment to support the provision of care to ices with a family member described in subclause (ii) homeless shelters that have restrictions on
women veterans as required under subsection (I) or (II) of such subparagraph. male children; and
(a). ‘‘(V) In each of fiscal years 2021 through 2025, (iii) affordable child care.
(c) AUTHORIZATION OF APPROPRIATIONS.— the maximum number of individuals to whom in- (C) A description of how the Department iden-
Subject to appropriations and the plan under tegration and readjustment services may be fur- tifies eligible entities under such section that
(b), there is authorized to be appropriated to the nished in group retreat settings under this sub- can provide supportive services to meet the
Secretary $20,000,000 to carry out subsection (a) clause (I) shall not exceed 1,200 individuals.’’. needs of women veterans, including eligible enti-
in addition to amounts otherwise made available (b) REQUEST FOR SERVICES.—Subsection (a)(2) ties with experience in—
to the Secretary for the purposes set forth in of such section is amended— (i) intimate partner violence;
such subsection. (1) by striking ‘‘Upon’’ and inserting ‘‘(A) (ii) legal matters pertaining especially to
SEC. 5103. ESTABLISHMENT OF ENVIRONMENT OF Upon’’; women veterans, including temporary restrain-
CARE STANDARDS AND INSPEC- (2) by striking ‘‘paragraph (1)(B)’’ and insert- ing orders and child care orders;
TIONS AT DEPARTMENT OF VET- ing ‘‘paragraph (1)(B)(i)’’; and (iii) supportive services for children; and
ERANS AFFAIRS MEDICAL CENTERS. (3) by adding at the end the following new (iv) the evaluation of which categories of serv-
(a) IN GENERAL.—The Secretary of Veterans subparagraph: ices would be beneficial to women veterans who
Affairs shall establish a policy under which the ‘‘(B) Upon the request of an individual de- receive such services under such section.
environment of care standards and inspections scribed in paragraph (1)(C), the Secretary shall (D) A description of how much the Depart-
at medical centers of the Department of Vet- furnish the individual reintegration and read- ment spends, from funds appropriated to carry
erans Affairs include— justment services in group retreat settings under out such section and funds provided under the
(1) an alignment of the requirements for such paragraph (1)(B)(ii) if the Secretary determines Coronavirus Aid, Relief, and Economic Security
standards and inspections with the women’s the experience will be therapeutically appro- Act (Public Law 116–136), on supportive services
health handbook of the Veterans Health Admin- priate.’’. specifically for women veterans, and in par-
istration; SEC. 5105. PROVISION OF LEGAL SERVICES FOR ticular, on the services described in subpara-
(2) a requirement for the frequency of such in- WOMEN VETERANS. graph (A).
spections; (a) AGREEMENT REQUIRED.—The Secretary of (E) The results of the surveys conducted
(3) delineation of the roles and responsibilities Veterans Affairs shall enter into one or more under subsection (a).
of staff at each medical center who are respon- agreements with public or private entities to (F) A review of the resources and program-
sible for compliance; provide legal services to women veterans. ming offered to woman veterans under such sec-
(4) the requirement that each medical center (b) FOCUS.—The focus of an agreement en- tion.
submit to the Secretary and make publicly avail- tered into under subsection (a) shall be to ad- (G) An assessment of such other areas as the
able a report on the compliance of the medical dress the following unmet needs of women vet- Comptroller General considers appropriate.
center with the standards; and erans as set forth in the most recently completed SEC. 5107.PROGRAMS ON ASSISTANCE FOR
(5) a remediation plan. Community Homelessness Assessment, Local CHILD CARE FOR CERTAIN VET-
(b) REPORT.—Not later than 180 days after the Education and Networking Groups for Veterans ERANS.
date of the enactment of this Act, the Secretary (CHALENG for Veterans) survey: (a) ASSISTANCE FOR CHILD CARE FOR CERTAIN
shall submit to the Committee on Veterans’ Af- (1) Child support. VETERANS RECEIVING HEALTH CARE.—
fairs of the Senate and the Committee on Vet- (2) Prevention of eviction and foreclosure. (1) IN GENERAL.—Subchapter I of chapter 17 of
erans’ Affairs of the House of Representatives a (3) Discharge upgrades. title 38, United States Code, is amended by add-
report certifying in writing that the policy re- (4) Financial guardianship. ing at the end the following new section:
quired by subsection (a) has been finalized and (5) Credit counseling. ‘‘§ 1709C. Assistance for child care for certain
disseminated to all medical centers of the De- (6) Family reconciliation assistance. veterans receiving health care
partment. SEC. 5106. COMPTROLLER GENERAL SURVEYS
SEC. 5104. PROVISION OF REINTEGRATION AND AND REPORT ON SUPPORTIVE SERV- ‘‘(a) PROGRAM REQUIRED.—The Secretary
READJUSTMENT SERVICES TO VET- ICES PROVIDED FOR VERY LOW-IN- shall carry out a program to provide, subject to
ERANS AND FAMILY MEMBERS IN COME WOMEN VETERANS. subsection (b), assistance to qualified veterans
GROUP RETREAT SETTINGS. (a) SURVEYS.— described in subsection (c) to obtain child care
(a) IN GENERAL.—Section 1712A of title 38, (1) SURVEY OF WOMEN VETERANS.—The Comp- so that such veterans can receive health care
United States Code, is amended— troller General of the United States shall survey services described in subsection (c)(2).
(1) in subsection (a)(1)(B)— women veterans who have received or are receiv- ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—
(A) in clause (ii), by redesignating subclauses ing supportive services provided under section Assistance may be provided to a qualified vet-
(I) and (II) as items (aa) and (bb); 2044 of title 38, United States Code, to determine eran under this section for receipt of child care
(B) by redesignating clauses (i) and (ii) as satisfaction with the ability of such services to only during the period that the qualified vet-
subclauses (I) and (II); meet the specific needs of such veterans. eran—
(C) in the matter preceding subclause (I), as (2) SURVEY OF ELIGIBLE ENTITIES.—The Comp- ‘‘(1) receives the types of health care services
redesignated by subparagraph (B), by striking troller General shall survey eligible entities re- described in subsection (c)(2) at a facility of the
‘‘Counseling’’ and inserting ‘‘(i) Counseling’’; ceiving financial assistance under such section Department; and
and and other partners of the Department of Vet- ‘‘(2) requires travel to and return from such
(D) by adding at the end the following new erans Affairs, including veterans service organi- facility for the receipt of such health care serv-
clause: zations and the National Coalition of Homeless ices.
‘‘(ii)(I) Except as provided in subclauses (IV) Veterans, on the view of such entities and part- ‘‘(c) QUALIFIED VETERANS.—For purposes of
and (V), counseling furnished to an individual ners regarding— this section, a qualified veteran is a veteran
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under subparagraph (A) may include reintegra- (A) whether the Department is meeting the who—
tion and readjustment services described in sub- needs of women veterans through the provision ‘‘(1) is the primary caretaker of a child or
clause (II) furnished in group retreat settings. of supportive services under such section; and children; and
‘‘(II) Reintegration and readjustment services (B) any additional supportive services that ‘‘(2)(A) receives from the Department—
described in this subclause are the following: may be required to meet such needs. ‘‘(i) regular mental health care services;
‘‘(aa) Information on reintegration of the in- (b) REPORT.— ‘‘(ii) intensive mental health care services; or
dividual into family, employment, and commu- (1) IN GENERAL.—Not later than 18 months ‘‘(iii) such other intensive health care services
nity. after the date of the enactment of this Act, the that the Secretary determines that provision of
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H7196 CONGRESSIONAL RECORD — HOUSE December 16, 2020
assistance to the veteran to obtain child care justment Counseling Service Regions selected by Service Network and medical center of the De-
would improve access to such health care serv- the Secretary for purposes of the pilot program. partment;
ices by the veteran; or (5) FORMS OF CHILD CARE ASSISTANCE.— (D) the total number of women veterans uti-
‘‘(B) is in need of regular or intensive mental (A) IN GENERAL.—Child care assistance under lizing the Department for prosthetic services,
health care services from the Department, and the pilot program may include the following: disaggregated by facility of the Department;
but for lack of child care services, would receive (i) Stipends for the payment of child care of- (E) an assessment of efforts by the Depart-
such health care services from the Department. fered by a licensed child care center (either di- ment on research, development, and employment
‘‘(d) LOCATIONS.—Not later than five years rectly or through a voucher program) that shall of additive manufacture technology (commonly
after the date of the enactment of the Deborah be, to the extent practicable, modeled after the referred to as 3D printing) to provide prosthetic
Sampson Act of 2020, the Secretary shall carry Department of Veterans Affairs Child Care Sub- items for women veterans;
out the program at each medical center of the sidy Program established pursuant to section 630 (F) the results of a survey with a representa-
Department. of the Treasury and General Government Ap- tive sample of not fewer than 50,000 veterans (of
‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) propriations Act, 2002 (Public Law 107–67; 115 which women shall be overrepresented) in an
Child care assistance under this section may in- Stat. 552). amputee care program on satisfaction with pros-
clude the following: (ii) Payments to private child care agencies. thetics furnished or procured by the Department
‘‘(A) Stipends for the payment of child care (iii) Collaboration with facilities or programs that replace appendages or their function; and
offered by a licensed child care center (either di- of other Federal agencies. (G) such other information as the Secretary
rectly or through a voucher program) that shall (iv) Such other forms of assistance as the Sec- considers appropriate.
be, to the extent practicable, modeled after the retary considers appropriate. SEC. 5109. REQUIREMENT TO IMPROVE DEPART-
Department of Veterans Affairs Child Care Sub- (B) LOCAL AREA.—In providing child care as- MENT OF VETERANS AFFAIRS
sidy Program established pursuant to section 630 sistance under the pilot program, the child care WOMEN VETERANS CALL CENTER.
of the Treasury and General Government Ap- needs of the local area shall be considered and The Secretary of Veterans Affairs shall en-
propriations Act, 2002 (Public Law 107–67; 115 the head of each Vet Center may select the type hance the capabilities of the women veterans
Stat. 552). of care that is most appropriate or feasible for call center of the Department of Veterans Af-
‘‘(B) Direct provision of child care at an on- such Vet Center. fairs to respond to requests by women veterans
site facility of the Department. (C) USE OF STIPEND.—In the case that child for assistance with accessing health care and
‘‘(C) Payments to private child care agencies. care assistance under the pilot program is pro- benefits furnished under the laws administered
‘‘(D) Collaboration with facilities or programs vided as a stipend under subparagraph (A)(i), by the Secretary.
of other Federal agencies. such stipend shall cover the full cost of such SEC. 5110. STUDY ON INFERTILITY SERVICES
‘‘(E) Such other forms of assistance as the child care. FURNISHED AT DEPARTMENT OF
Secretary considers appropriate. (6) DURATION.—The pilot program shall be VETERANS AFFAIRS.
‘‘(2) In providing child care assistance under carried out during the two-year period begin- (a) STUDY REQUIRED.—The Secretary of Vet-
this section, the child care needs of the local ning on the date of the commencement of the erans Affairs shall conduct a study on the infer-
area shall be considered and the head of each pilot program. tility services offerings at the Department of
medical center may select the type of care that (7) REPORT.— Veterans Affairs.
is most appropriate or feasible for such medical (A) IN GENERAL.—Not later than 180 days (b) ELEMENTS.—The study conducted under
center. after the completion of the pilot program, the subsection (a) shall include the following:
‘‘(3) In the case that child care assistance Secretary shall submit to Congress a report on (1) An assessment of the following:
under this section is provided as a stipend under the pilot program. (A) The availability of infertility services at
paragraph (1)(A), such stipend shall cover the (B) ELEMENTS.—The report required by sub- facilities of the Department and through laws
full cost of such child care.’’. paragraph (A) shall include the findings and administered by the Secretary for the provision
(2) CONFORMING AMENDMENT.—Section 205(e) conclusions of the Secretary regarding the pilot of non-Department care.
of the Caregivers and Veterans Omnibus Health program, and shall include such recommenda- (B) The demand for such services from eligible
Services Act of 2010 (Public Law 111–163; 38 tions for the continuation or expansion of the individuals.
U.S.C. 1710 note) is amended by striking ‘‘Sep- pilot program as the Secretary considers appro- (2) Identification of potential challenges in
tember 30, 2020’’ and inserting ‘‘the date of the priate. accessing infertility services for eligible individ-
enactment of the Deborah Sampson Act of (8) VET CENTER DEFINED.—In this subsection, uals.
2020’’. (3) An analysis of Department resources for
the term ‘‘Vet Center’’ has the meaning given
(3) CLERICAL AMENDMENT.—The table of sec- the furnishing of infertility services, including
that term in section 1712A(h) of title 38, United
tions at the beginning of chapter 17 of such title analysis of Department workforce and non-De-
States Code.
is amended by inserting after the item relating partment providers.
SEC. 5108. AVAILABILITY OF PROSTHETICS FOR
to section 1709B the following new item: (4) Development of recommendations for the
WOMEN VETERANS FROM DEPART-
MENT OF VETERANS AFFAIRS. improvement of infertility services under laws
‘‘1709C. Assistance for child care for certain administered by the Secretary to improve eligible
veterans receiving health (a) ACCESS AT EACH MEDICAL FACILITY.—Sec-
individuals’ access, delivery of services, and
care,’’. tion 1714(a) of title 38, United States Code, is
health outcomes.
(b) PILOT PROGRAM ON ASSISTANCE FOR CHILD amended—
(c) REPORT.—Not later than one year after the
CARE FOR CERTAIN VETERANS RECEIVING READ- (1) by striking ‘‘(a) Any veteran’’ and insert-
date of the enactment of this Act, the Secretary
JUSTMENT COUNSELING AND RELATED MENTAL ing ‘‘(a)(1) Any veteran’’; and
shall submit to the Committee on Veterans’ Af-
HEALTH SERVICES.— (2) by adding at the end the following new
fairs of the Senate and the Committee on Vet-
(1) IN GENERAL.—The Secretary of Veterans paragraph:
erans’ Affairs of the House of Representatives a
Affairs shall carry out a pilot program to assess ‘‘(2) In furnishing prosthetic appliances under
report on the study conducted under subsection
the feasibility and advisability of providing, paragraph (1), the Secretary shall ensure
(a).
subject to paragraph (2), assistance to qualified women veterans are able to access clinically ap-
(d) ELIGIBLE INDIVIDUAL DEFINED.—In this
veterans described in paragraph (3) to obtain propriate prosthetic appliances through each
section, the term ‘‘eligible individual’’ means an
child care so that such veterans can receive re- medical facility of the Department.’’.
individual who is a veteran who is eligible for
adjustment counseling and related mental (b) REPORT.—
and enrolled in the health care system of the
health services. (1) IN GENERAL.—Not later than one year after
Department under section 1705(a) of title 38,
(2) LIMITATION ON PERIOD OF PAYMENTS.—As- the date of the enactment of this Act, the Sec-
United States Code.
sistance may be provided to a qualified veteran retary of Veterans Affairs shall submit to the
SEC. 5111. SENSE OF CONGRESS ON ACCESS TO
under the pilot program for receipt of child care Committee on Veterans’ Affairs of the Senate
FACILITIES OF DEPARTMENT OF
only during the period that the qualified vet- and the Committee on Veterans’ Affairs of the VETERANS AFFAIRS BY RESERVISTS
eran receives readjustment counseling and re- House of Representatives a report on the avail- FOR COUNSELING AND TREATMENT
lated health care services at a Vet Center. ability from the Department of Veterans Affairs RELATING TO MILITARY SEXUAL
(3) QUALIFIED VETERANS.—For purposes of of prosthetics made for women veterans, includ- TRAUMA.
this subsection, a qualified veteran is a veteran ing an assessment of the availability of such (a) IN GENERAL.—It is the sense of Congress
who— prosthetics at medical facilities of the Depart- that members of the reserve components of the
(A) is the primary caretaker of a child or chil- ment. Armed Forces, including members of the Na-
dren; and (2) ELEMENTS.—The report required by para- tional Guard, should be able to access all health
(B)(i) receives from the Department regular re- graph (1) shall include— care facilities of the Department of Veterans Af-
adjustment counseling and related mental (A) a list of all devices classified by the De- fairs, not just Vet Centers, to receive counseling
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health services; or partment as prosthetic devices, including a and treatment relating to military sexual trau-
(ii) is in need of regular readjustment coun- breakdown of whether a device is considered ma.
seling and related mental health services from gender-neutral or gender-specific; (b) DEFINITIONS.—In this section:
the Department, and but for lack of child care (B) for gender-neutral devices, a breakdown (1) MILITARY SEXUAL TRAUMA.—The term
services, would receive such counseling and of sizing; ‘‘military sexual trauma’’ has the meaning
services from the Department. (C) the average time it takes for a woman vet- given such term in section 1164(c) of title 38,
(4) LOCATIONS.—The Secretary shall carry out eran to receive a prosthetic device after it is pre- United States Code, as added by section 5501(a)
the pilot program in not fewer than three Read- scribed, disaggregated by Veterans Integrated of this title.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7197
(2) VET CENTER.—The term ‘‘Vet Center’’ has (1) if the program is appropriately staffed at Secretary, in consultation with the Inspector
the meaning given that term in section 1712A(h) each medical center of the Department; General, shall submit to the Committee on Vet-
of such title. (2) whether each medical center of the Depart- erans’ Affairs of the Senate and the Committee
Subtitle B—Increasing Staff Cultural ment is staffed with a Women Veteran Program on Veterans’ Affairs of the House of Representa-
Competency Manager; and tives a plan, based on the results of the assess-
(3) whether it would be feasible and advisable ment required by subsection (a), to hire addi-
SEC. 5201. STAFFING OF WOMEN’S HEALTH PRI-
MARY CARE PROVIDERS AT MEDICAL
to have a Women Veteran Program Ombudsman tional qualified peer specialists who are women,
FACILITIES OF DEPARTMENT OF at each medical center of the Department. with special consideration for areas that lack
VETERANS AFFAIRS. (b) REPORT.—Not later than 270 days after the peer specialists who are women.
The Secretary of Veterans Affairs shall ensure date of the enactment of this Act, the Secretary (2) ELEMENTS.—The peer specialist positions
that each medical facility of the Department of shall submit to the Committee on Veterans’ Af- included in the plan required by paragraph
Veterans Affairs has not fewer than one full- fairs of the Senate and the Committee on Vet- (1)—
time or part-time women’s health primary care erans’ Affairs of the House of Representatives a (A) shall be non-volunteer, paid positions;
provider whose duties include, to the extent pos- report on the study conducted under subsection and
(a). (B) may be part-time positions.
sible, providing training to other health care
providers of the Department on the needs of (c) TRAINING.—The Secretary shall ensure Subtitle C—Eliminating Harassment and
women veterans. that all Women Veteran Program Managers and Assault
SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY
Women Veteran Program Ombudsmen receive SEC. 5301. EXPANSION OF COVERAGE BY DEPART-
CARE AND EMERGENCY CARE CLINI- the proper training to carry out their duties. MENT OF VETERANS AFFAIRS OF
CIANS IN WOMEN VETERANS SEC. 5205. STUDY ON WOMEN VETERAN COORDI- COUNSELING AND TREATMENT FOR
HEALTH CARE MINI-RESIDENCY PRO- NATOR PROGRAM. SEXUAL TRAUMA.
GRAM. (a) STUDY AND REPORT REQUIRED.—Not later (a) EXPANSION OF ELIGIBILITY FOR COUN-
(a) IN GENERAL.—There is authorized to be than 180 days after the date of the enactment of SELING AND TREATMENT.—Section 1720D of title
appropriated to the Secretary of Veterans Af- this Act, the Secretary of Veterans Affairs 38, United States Code, is amended—
fairs $1,000,000 for each fiscal years 2021 shall— (1) in subsection (a)—
through 2025 to provide opportunities for par- (1) complete a study on the Women Veteran (A) in paragraph (1), by striking ‘‘active duty,
ticipation in the Women Veterans Health Care Coordinator program of the Veterans Benefits active duty for training, or inactive duty train-
Mini-Residency Program of the Department of Administration of the Department of Veterans ing’’ and inserting ‘‘duty, regardless of duty
Veterans Affairs for primary care and emer- Affairs; and status or line of duty determination (as that
gency care clinicians. (2) submit to the Committee on Veterans’ Af- term is used in section 12323 of title 10)’’; and
(b) TREATMENT OF AMOUNTS.—The amounts fairs of the Senate and the Committee on Vet- (B) in paragraph (2)(A), by striking ‘‘active
authorized to be appropriated under subsection erans’ Affairs of the House of Representatives a duty, active duty for training, or inactive duty
(a) shall be in addition to amounts otherwise report on the findings of the Secretary with re- training’’ and inserting ‘‘duty, regardless of
made available to the Secretary for the purposes spect to the study completed under paragraph duty status or line of duty determination (as
set forth in such subsection. (1). that term is used in section 12323 of title 10)’’;
(b) ELEMENTS.—The study required by sub- (2) by striking ‘‘veteran’’ each place it ap-
SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN
section (a)(1) shall identify the following: pears and inserting ‘‘former member of the
TRAINING MODULE FOR NON-DE-
PARTMENT OF VETERANS AFFAIRS (1) If the program described in such subsection Armed Forces’’;
HEALTH CARE PROVIDERS. (3) by striking ‘‘veterans’’ each place it ap-
is appropriately staffed at each regional benefits
(a) IN GENERAL.—Not later than one year pears and inserting ‘‘former members of the
office of the Department.
after the date of the enactment of this Act, the (2) Whether each regional benefits office of Armed Forces’’; and
(4) by adding at the end the following new
Secretary of Veterans Affairs shall establish and the Department is staffed with a Women Vet-
subsection:
make available to community providers a train- eran Coordinator. ‘‘(g) In this section, the term ‘former member
ing module that is specific to women veterans. (3) The position description of the Women Vet- of the Armed Forces’ includes the following:
(b) TRAINING MATERIALS PROVIDED.—Under eran Coordinator. ‘‘(1) A veteran.
the training module established and made avail- (4) Whether an individual serving in the ‘‘(2) An individual described in section
able to community providers under subsection Women Veteran Coordinator position concur- 1720I(b) of this title.’’.
(a), the Secretary shall provide to community rently serves in any other position, and if so, (b) INCLUSION OF TREATMENT FOR PHYSICAL
providers the same training materials relating to the allocation of time the individual spends in HEALTH CONDITIONS.—Such section is further
treatment of women veterans that is provided to each such position. amended—
health care providers of the Department of Vet- (5) A description of the metrics the Secretary (1) in subsection (a)—
erans Affairs to ensure that all health care pro- uses to determine the job performance and effec- (A) in paragraph (1)—
viders treating women veterans have access to tiveness of the Women Veteran Coordinator. (i) by inserting ‘‘, to include care for physical
the same materials to support competency SEC. 5206. STAFFING IMPROVEMENT PLAN FOR health conditions, as appropriate,’’ after ‘‘coun-
throughout the community. PEER SPECIALISTS OF DEPARTMENT seling and appropriate care and services’’;
(c) ADMINISTRATION OF TRAINING MODULE.— OF VETERANS AFFAIRS WHO ARE (ii) by striking ‘‘overcome psychological trau-
The Secretary shall administer the training WOMEN. ma’’ and inserting ‘‘treat a condition’’; and
module established under subsection (a) to com- (a) ASSESSMENT OF CAPACITY.— (iii) by striking ‘‘mental health professional’’
munity providers through an internet website of (1) IN GENERAL.—Not later than 90 days after and inserting ‘‘health care professional’’; and
the Department. the date of the enactment of this Act, the Sec- (B) in paragraph (2)(A), by striking ‘‘over-
(d) ANNUAL REPORT.—Not later than one year retary of Veterans Affairs, in consultation with come psychological trauma’’ and inserting
after the establishment of the training module the Inspector General of the Department of Vet- ‘‘treat a condition’’; and
under subsection (a), and annually thereafter, erans Affairs, shall commence an assessment of (2) in subsection (d)—
the capacity of peer specialists of the Depart- (A) in paragraph (1), by inserting ‘‘and other
the Secretary shall submit to Congress a report
ment of Veterans Affairs who are women. health care professionals’’ after ‘‘mental health
on—
(1) the utilization by community providers of (2) ELEMENTS.—The assessment required by professionals’’; and
paragraph (1) shall include an assessment of the (B) in paragraph (2)(A), by inserting ‘‘and
the training module; and
following: other health care professionals’’ after ‘‘mental
(2) the effectiveness of the training module.
(A) The geographical distribution of peer spe- health professionals’’.
(e) DEFINITIONS.—In this section:
cialists of the Department who are women. SEC. 5302. ASSESSMENT OF EFFECTS OF INTI-
(1) COMMUNITY PROVIDER.—The term ‘‘com- MATE PARTNER VIOLENCE ON
munity provider’’ means a non-Department of (B) The geographical distribution of women
WOMEN VETERANS BY ADVISORY
Veterans Affairs health care provider who pro- veterans. COMMITTEE ON WOMEN VETERANS.
vides preauthorized health care to veterans (C) The number and proportion of women peer Section 542(c)(1) of title 38, United States
under the laws administered by the Secretary of specialists who specialize in peer counseling on Code, is amended—
Veterans Affairs. mental health or suicide prevention. (1) in subparagraph (B), by striking ‘‘and’’ at
(2) PREAUTHORIZED HEALTH CARE.—The term (D) The number and proportion of women the end;
‘‘preauthorized health care’’ means health care peer specialists who specialize in peer coun- (2) by redesignating subparagraph (C) as sub-
provided to a veteran that is authorized by the seling on non-mental health related matters. paragraph (D); and
Secretary before being provided. (b) REPORT.—Not later than one year after (3) by inserting after subparagraph (B) the
the assessment required by subsection (a) has following new subparagraph (C):
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SEC. 5204. STUDY ON STAFFING OF WOMEN VET-
ERAN PROGRAM MANAGER PRO- commenced, the Secretary shall submit to the ‘‘(C) an assessment of the effects of intimate
GRAM AT MEDICAL CENTERS OF DE- Committee on Veterans’ Affairs of the Senate partner violence on women veterans; and’’.
PARTMENT OF VETERANS AFFAIRS and the Committee on Veterans’ Affairs of the SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL
AND TRAINING OF STAFF. House of Representatives a report detailing the ASSAULT POLICY OF DEPARTMENT
(a) STUDY.—The Secretary of Veterans Affairs findings of the assessment. OF VETERANS AFFAIRS.
shall conduct a study on the use of the Women (c) STAFFING IMPROVEMENT PLAN.— (a) IN GENERAL.—Subchapter II of chapter 5
Veteran Program Manager program of the De- (1) IN GENERAL.—Not later than 180 days after of title 38, United States Code, is amended by
partment of Veterans Affairs to determine— submitting the report under subsection (b), the adding at the end the following new section:
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H7198 CONGRESSIONAL RECORD — HOUSE December 16, 2020
‘‘§ 533. Anti-harassment and anti-sexual as- (including Vet Centers under section 1712A of of the report to stop harassment and sexual as-
sault policy this title), with regard to that facility; sault at facilities of the Department.
‘‘(a) ESTABLISHMENT.—(1) The Secretary, act- ‘‘(2) at least one individual employed in each ‘‘(E) An assessment of the implementation of
ing through the Office of Assault and Preven- Veterans Integrated Service Network, with re- the training required in subsection (a)(2)(H).
tion of the Veterans Health Administration, gard to facilities in that Veterans Integrated ‘‘(F) A list of resources the Secretary deter-
shall establish a comprehensive policy to end Service Network; mines necessary to prevent harassment and sex-
harassment and sexual assault, including sexual ‘‘(3) at least one individual employed in each ual assault at facilities of the Department.
harassment and gender-based harassment, regional benefits office; ‘‘(g) DEFINITIONS.—In this section:
throughout the Department. ‘‘(4) at least one individual employed at each ‘‘(1) The term ‘non-Department individual’
‘‘(2) The policy required by paragraph (1) location of the National Cemetery Administra- means any individual present at a facility of the
shall include the following: tion; and Department who is not an employee or con-
‘‘(A) A process for employees and contractors ‘‘(5) at least one individual employed at the tractor of the Department.
of the Department to respond to reported inci- Central Office of the Department to track re- ‘‘(2) The term ‘sexual harassment’ means un-
dents of harassment and sexual assault com- ports of such harassment and sexual assault solicited verbal or physical contact of a sexual
mitted by any non-Department individual with- across the Department, disaggregated by facil- nature which is threatening in character.’’.
in a facility of the Department, including with ity. (b) CLERICAL AMENDMENT.—The table of sec-
respect to accountability or disciplinary meas- ‘‘(c) ACCOUNTABILITY.—(1) The Secretary tions at the beginning of such chapter is amend-
ures. shall establish a policy to ensure that each fa- ed by adding after the item relating to section
‘‘(B) A process for employees and contractors cility of the Department and each director of a 532 the following new item:
of the Department to respond to reported inci- Veterans Integrated Service Network is respon- ‘‘533. Anti-harassment and anti-sexual as-
dents of harassment and sexual assault of any sible for addressing harassment and sexual as- sault policy.’’.
non-Department individual within a facility of sault at the facility and the Network. (c) DEFINITION OF SEXUAL HARASSMENT.—Sec-
the Department. ‘‘(2) The policy required by paragraph (1) tion 1720D(f) of such title is amended by striking
‘‘(C) A process for any non-Department indi- shall include— ‘‘repeated,’’.
vidual to report harassment and sexual assault ‘‘(A) a remediation plan for facilities that ex- (d) DEADLINE.—The Secretary shall commence
described in subparagraph (A), including an op- perience five or more incidents of sexual harass- carrying out section 533 of such title, as added
tion for confidential reporting, and for the Sec- ment, sexual assault, or combination thereof, by subsection (a), not later than 180 days after
retary to respond to and address such reports. during any single fiscal year; and the date of enactment of this Act.
‘‘(D) Clear mechanisms for non-Department ‘‘(B) taking appropriate actions under chapter SEC. 5304. PILOT PROGRAM ON ASSISTING VET-
individuals to readily identify to whom and how 7 or subchapter V of chapter 74 of this title. ERANS WHO EXPERIENCE INTIMATE
to report incidents of harassment and sexual as- ‘‘(d) DATA.—The Secretary shall ensure that PARTNER VIOLENCE OR SEXUAL AS-
sault committed by another non-Department in- the in-take process for veterans at medical fa- SAULT.
dividual. cilities of the Department includes a survey to (a) PILOT PROGRAM REQUIRED.—The Sec-
‘‘(E) Clear mechanisms for employees and con- collect the following information: retary of Veterans Affairs shall carry out a pilot
tractors of the Department to readily identify to ‘‘(1) Whether the veteran feels safe at the fa- program to assess the feasibility and advisability
whom and how to report incidents of harass- cility and whether any events occurred at the of assisting former members of the Armed Forces
ment and sexual assault and how to refer non- facility that affect such feeling. who have experienced or are experiencing inti-
Department individuals with respect to report- ‘‘(2) Whether the veteran wants to be con- mate partner violence or sexual assault in ac-
ing an incident of harassment or sexual assault. tacted later by the Department with respect to cessing benefits from the Department of Vet-
‘‘(F) A process for, and mandatory reporting such safety issues. erans Affairs, including coordinating access to
requirement applicable to, any employee or con- ‘‘(e) WORKING GROUP.—(1) The Secretary medical treatment centers, housing assistance,
tractor of the Department who witnesses harass- shall establish a working group to assist the and other benefits from the Department.
ment or sexual assault described in subpara- Secretary in implementing policies to carry out (b) DURATION.—The Secretary shall carry out
graph (A) or (B) within a facility of the Depart- this section. the pilot program under subsection (a) during
ment, regardless of whether the individual af- ‘‘(2) The working group established under the two-year period beginning on the date of the
fected by such harassment or sexual assault paragraph (1) shall consist of representatives commencement of the pilot program.
wants to report such harassment or sexual as- from— (c) COLLABORATION.—The Secretary shall
sault. ‘‘(A) veterans service organizations; carry out the pilot program under subsection (a)
‘‘(G) The actions possible, including discipli- ‘‘(B) State, local, and Tribal veterans agen- in collaboration with—
nary actions, for employees or contractors of the cies; and (1) intimate partner violence shelters and pro-
Department who fail to report incidents of har- ‘‘(C) other persons the Secretary determines grams;
assment and sexual assault described in sub- appropriate. (2) rape crisis centers;
paragraph (A) or (B) that the employees or con- ‘‘(3) The working group established under (3) State intimate partner violence and sexual
tractors witness. paragraph (1) shall develop, and the Secretary assault coalitions; and
‘‘(H) On an annual or more frequent basis, shall carry out— (4) such other health care or other service pro-
mandatory training for employees and contrac- ‘‘(A) an action plan for addressing changes at viders that serve intimate partner violence or
tors of the Department regarding how to report the local level to reduce instances of harassment sexual assault victims as determined by the Sec-
and address harassment and sexual assault de- and sexual assault; retary, particularly those providing emergency
scribed in subparagraphs (A) and (B), including ‘‘(B) standardized media for veterans service services or housing assistance.
bystander intervention training. organizations and other persons to use in print (d) AUTHORIZED ACTIVITIES.—In carrying out
‘‘(I) On an annual or more frequent basis, the and on the internet with respect to reducing the pilot program under subsection (a), the Sec-
distribution of the policy under this subsection harassment and sexual assault; and retary may conduct the following activities:
and anti-harassment and anti-sexual assault ‘‘(C) bystander intervention training for vet- (1) Training for community-based intimate
educational materials by mail or email to each erans. partner violence or sexual assault service pro-
individual receiving a benefit under a law ad- ‘‘(4) The working group established under viders on—
ministered by the Secretary. paragraph (1) shall not be subject to the require- (A) identifying former members of the Armed
‘‘(J) The prominent display of anti-harass- ments of the Federal Advisory Committee Act (5 Forces who have been victims of, or are cur-
ment and anti-sexual assault messages in each U.S.C. App.). rently experiencing, intimate partner violence or
facility of the Department, including how non- ‘‘(f) ANNUAL REPORTS.—(1) The Secretary sexual assault;
Department individuals may report harassment shall submit to the Committee on Veterans’ Af- (B) coordinating with local service providers
and sexual assault described in subparagraphs fairs of the Senate and the Committee on Vet- of the Department; and
(A) and (B) at such facility and the points of erans’ Affairs of the House of Representatives (C) connecting former members of the Armed
contact under subsection (b). an annual report on harassment and sexual as- Forces with appropriate housing, mental health,
‘‘(K) The posting on internet websites of the sault described in subparagraphs (A) and (B) of medical, and other financial assistance or bene-
Department, including the main internet website subsection (a)(2) in facilities of the Department. fits from the Department.
regarding benefits of the Department and the ‘‘(2) Each report submitted under paragraph (2) Assistance to service providers to ensure
main internet website regarding health care of (1) shall include the following: access of veterans to intimate partner violence
the Department, of anti-harassment and anti- ‘‘(A) Results of harassment and sexual assault and sexual assault emergency services, particu-
sexual assault banners specifically addressing programming, including the End Harassment larly in underserved areas, including services
harassment and sexual assault described in sub- program. for Native American veterans (as defined in sec-
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paragraphs (A) and (B). ‘‘(B) Results of studies from the Women’s tion 3765 of title 38, United States Code).
‘‘(b) POINTS OF CONTACT.—The Secretary Health Practice-Based Research Network of the (3) Such other outreach and assistance as the
shall designate, as a point of contact to receive Department relating to harassment and sexual Secretary determines necessary for the provision
reports of harassment and sexual assault de- assault. of assistance under subsection (a).
scribed in subparagraphs (A) and (B) of sub- ‘‘(C) Data collected on incidents of sexual (e) INTIMATE PARTNER VIOLENCE AND SEXUAL
section (a)(2)— harassment and sexual assault. ASSAULT OUTREACH COORDINATORS.—
‘‘(1) at least one individual, in addition to law ‘‘(D) A description of any actions taken by (1) IN GENERAL.—In order to effectively assist
enforcement, at each facility of the Department the Secretary during the year preceding the date veterans who have experienced intimate partner
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7199
violence or sexual assault, the Secretary may es- (iii) urban and rural veterans; through peer network support, and to provide
tablish local coordinators to provide outreach (iv) veterans who are enrolled in a program recommendations for the enhancement of such
under the pilot program required by subsection under section 1720G of title 38, United States services, to address—
(a). Code; (A) the perpetration of intimate partner vio-
(2) LOCAL COORDINATOR KNOWLEDGE.—The (v) veterans who are in intimate relationships lence and sexual assault; and
Secretary shall ensure that each coordinator es- with other veterans; and (B) the recovery of veterans, particularly
tablished under paragraph (1) is knowledgeable (vi) veterans who are described in more than women veterans, from intimate partner violence
about— one clause of this subparagraph; and sexual assault.
(A) the dynamics of intimate partner violence (C) examine the prevalence of the perpetration (7) To review and make recommendations to
and sexual assault, including safety concerns, of intimate partner violence by veterans; and expand services available for veterans at risk of
legal protections, and the need for the provision (D) include recommendations to address the perpetrating intimate partner violence.
of confidential services; findings of the study. (e) REPORT.—Not later than one year after the
(B) the eligibility of veterans for services and (3) REPORT.—Not later than 30 days after the date of the enactment of this Act, and not less
benefits from the Department that are relevant date on which the Secretary completes the study frequently than annually thereafter by October
to recovery from intimate partner violence and under paragraph (1), the Secretary shall submit 1 of each year, the Task Force shall submit to
sexual assault, particularly emergency housing to the Committee on Veterans’ Affairs of the the Secretary of Veterans Affairs and Congress
assistance, mental health care, other health Senate and the Committee on Veterans’ Affairs a report on the activities of the Task Force, in-
care, and disability benefits; and of the House of Representatives a report on such cluding any recommendations for legislative or
(C) local community resources addressing inti- study. administrative action.
mate partner violence and sexual assault. (b) TASK FORCE.—
(f) NONAPPLICABILITY OF FACA.—The Task
(3) LOCAL COORDINATOR ASSISTANCE.—Each (1) IN GENERAL.—Not later than 90 days after
Force shall not be subject to the requirements of
coordinator established under paragraph (1) the date on which the Secretary completes the
the Federal Advisory Committee Act (5 U.S.C.
shall assist intimate partner violence shelters study under subsection (a), the Secretary, in
App.).
and rape crisis centers in providing services to consultation with the Attorney General and the
(g) DEFINITIONS.—In this section:
veterans. Secretary of Health and Human Services, shall
(1) NATIVE AMERICAN VETERAN.—The term
(f) REPORT.— establish a national task force (in this section
‘‘Native American veteran’’ has the meaning
(1) IN GENERAL.—Not later than 180 days after referred to as the ‘‘Task Force’’) to develop a
given that term in section 3765 of title 38, United
the completion of the pilot program under sub- comprehensive national program, including by
States Code.
section (a), the Secretary shall submit to Con- integrating facilities, services, and benefits of
(2) STATE.—The term ‘‘State’’ has the meaning
gress a report on the pilot program. the Department of Veterans Affairs into existing
given that term in section 101 of title 38, United
(2) CONTENTS.—The report required by para- networks of community-based intimate partner
States Code.
graph (1) shall include the following: violence and sexual assault services, to address
(A) The findings and conclusions of the Sec- intimate partner violence and sexual assault Subtitle D—Data Collection and Reporting
retary with respect to the pilot program. among veterans. SEC. 5401. REQUIREMENT FOR COLLECTION AND
(B) Such recommendations for continuing or (2) LEADERSHIP.—The Secretary of Veterans ANALYSIS OF DATA ON DEPARTMENT
Affairs shall lead the Task Force in collabora- OF VETERANS AFFAIRS BENEFITS
expanding the pilot program as the Secretary
tion with the Attorney General and the Sec- AND SERVICES AND
considers appropriate. DISAGGREGATION OF SUCH DATA BY
(g) DEFINITIONS.—In this section: retary of Health and Human Services. GENDER, RACE, AND ETHNICITY.
(1) INTIMATE PARTNER.— (c) CONSULTATION WITH STAKEHOLDERS.—In
carrying out this section, the Task Force shall The Secretary of Veterans Affairs shall—
(A) IN GENERAL.—The term ‘‘intimate part-
(1) collect and analyze data on each program
ner’’ means a person with whom one has a close consult with—
(1) representatives from veteran service orga- of the Department of Veterans Affairs that pro-
personal relationship that may be characterized
nizations and military service organizations; vides a service or benefit to a veteran, including
by the partners’ emotional connectedness, reg-
(2) representatives from not fewer than three the program carried out under section 1144 of
ular contact, ongoing physical contact and sex-
national organizations or State coalitions with title 10, United States Code;
ual behavior, identity as a couple, and famili-
demonstrated expertise in intimate partner vio- (2) disaggregate such data by gender, race,
arity and knowledge about each other’s lives.
lence prevention, response, or advocacy; and and ethnicity, when the data lends itself to such
(B) CLOSE PERSONAL RELATIONSHIPS.—In this
(3) representatives from not fewer than three disaggregation; and
paragraph, the term ‘‘close personal relation-
national organizations or State coalitions, par- (3) publish the data collected and analyzed
ships’’ includes the following:
ticularly those representing underserved and under paragraph (1), except for such cases in
(i) A relationship between married spouses.
(ii) A relationship between common-law ethnic minority communities, with demonstrated which the Secretary determines that some por-
spouses. expertise in sexual assault prevention, response, tions of the data would undermine the anonym-
(iii) A relationship between civil union or advocacy. ity of a veteran.
spouses. (d) DUTIES.—The duties of the Task Force SEC. 5402. STUDY ON BARRIERS FOR WOMEN VET-
(iv) A relationship between domestic partners. shall include the following: ERANS TO RECEIPT OF HEALTH
(1) To review existing services and policies of CARE FROM DEPARTMENT OF VET-
(v) A relationship between dating partners.
the Department and develop a comprehensive ERANS AFFAIRS.
(vi) A relationship between ongoing sexual
partners. national program to be carried out by the Sec- (a) STUDY REQUIRED.—The Secretary of Vet-
(2) INTIMATE PARTNER VIOLENCE.—The term retary of Veterans Affairs, in collaboration with erans Affairs shall conduct a comprehensive
‘‘intimate partner violence’’ includes physical the heads of relevant Federal agencies, to ad- study of the barriers to the provision of health
violence, sexual violence, stalking, and psycho- dress intimate partner violence and sexual as- care by the Department of Veterans Affairs en-
logical aggression, including coercive tactics by sault prevention, response, and treatment. countered by women who are veterans.
a current or former intimate partner. (2) To review the feasibility and advisability (b) SURVEY.—In conducting the study re-
SEC. 5305. STUDY AND TASK FORCE ON VET- of establishing an expedited process to secure quired by subsection (a), the Secretary shall—
ERANS EXPERIENCING INTIMATE emergency, temporary benefits, including hous- (1) survey women veterans who seek or receive
PARTNER VIOLENCE OR SEXUAL AS- ing or other benefits, for veterans who are expe- hospital care or medical services provided by the
SAULT. riencing intimate partner violence or sexual as- Department as well as women veterans who do
(a) NATIONAL BASELINE STUDY.— sault. not seek or receive such care or services;
(1) IN GENERAL.—Not later than one year after (3) To review and make recommendations re- (2) administer the survey to a representative
the date of the enactment of this Act, the Sec- garding the feasibility and advisability of estab- sample of women veterans from each Veterans
retary of Veterans Affairs, in consultation with lishing dedicated, temporary housing assistance Integrated Service Network; and
the Attorney General, shall conduct a national for veterans experiencing intimate partner vio- (3) ensure that the sample of women veterans
baseline study to examine the scope of the prob- lence or sexual assault. surveyed is of sufficient size for the study re-
lem of intimate partner violence and sexual as- (4) To identify any requirements regarding in- sults to be statistically significant and is a larg-
sault among veterans and spouses and intimate timate partner violence assistance or sexual as- er sample than that of the study specified in
partners of veterans. sault response and services that are not being subsection (c)(1).
(2) MATTERS INCLUDED.—The study under met by the Department and make recommenda- (c) USE OF PREVIOUS STUDIES.—In conducting
paragraph (1) shall— tions on how the Department can meet such re- the study required by subsection (a), the Sec-
(A) include a literature review of all relevant quirements. retary shall build on the work of the studies of
research on intimate partner violence and sex- (5) To review and make recommendations re- the Department titled—
ual assault among veterans and spouses and in- garding the feasibility and advisability of pro- (1) ‘‘National Survey of Women Veterans in
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timate partners of veterans; viding direct services or contracting for commu- Fiscal Year 2007–2008’’; and
(B) examine the prevalence of the experience nity-based services for veterans in response to a (2) ‘‘Study of Barriers for Women Veterans to
of intimate partner violence among— sexual assault, including through the use of sex- VA Health Care 2015’’.
(i) women veterans; ual assault nurse examiners, particularly in un- (d) ELEMENTS OF STUDY.—In conducting the
(ii) veterans who are minority group members derserved or remote areas, including services for study required by subsection (a), the Secretary
(as defined in section 544 of title 38, United Native American veterans. shall conduct research on the effects of the fol-
States Code, and including other minority popu- (6) To review the availability of counseling lowing on the women veterans surveyed in the
lations as the Secretary determines appropriate); services provided by the Department and study:
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H7200 CONGRESSIONAL RECORD — HOUSE December 16, 2020
(1) The barriers associated with seeking men- trauma for affected members and former mem- section (a) are trained to identify markers indi-
tal health care services, including with respect bers of the Armed Forces. cating military sexual trauma.
to provider availability, telehealth access, and (b) ELEMENTS.—In conducting the study ‘‘(c) DEFINITIONS.—In this section:
family, work, and school obligations. under subsection (a), the Secretary shall as- ‘‘(1) The term ‘covered mental health condi-
(2) The effect of driving distance or avail- sess— tion’ means post-traumatic stress disorder, anx-
ability of other forms of transportation to the (1) staffing needed to offer the Parenting iety, depression, or other mental health diag-
nearest medical facility on access to care. STAIR program at all medical centers of the De- nosis described in the current version of the Di-
(3) The effect of access to care from non-De- partment; agnostic and Statistical Manual of Mental Dis-
partment providers. (2) any additional infrastructure or resources orders published by the American Psychiatric
(4) The availability of child care. (such as child care during the program) needed Association that the Secretary determines to be
(5) The satisfaction of such veterans with the for the expansion of the program; and related to military sexual trauma.
provision by the Department of integrated pri- (3) such other factors relevant to the expan- ‘‘(2) The term ‘military sexual trauma’ means,
mary care, women’s health clinics, or both, in- sion of the program as the Secretary considers with respect to a veteran, a physical assault of
cluding perceptions of quality of care, safety, appropriate. a sexual nature, battery of a sexual nature, or
and comfort. (c) REPORTS TO CONGRESS.— sexual harassment during active military, naval,
(6) The understanding and perceived accessi- (1) INTERIM REPORT.—Not later than one year or air service.’’.
bility among such veterans of eligibility require- after the date of the enactment of this Act, the (2) CLERICAL AMENDMENT.—The table of sec-
Secretary shall submit to the Committee on Vet- tions at the beginning of such chapter is amend-
ments for, and the scope of services available
erans’ Affairs of the Senate and the Committee ed by adding at the end the following new item:
under, hospital care and medical services.
(7) The perception of such veterans of per- on Veterans’ Affairs of the House of Representa- ‘‘1164. Specialized teams to evaluate claims
sonal safety and comfort in inpatient, out- tives a report detailing— involving military sexual trau-
patient, and behavioral health facilities. (A) the current number and locations of all ma.’’.
(8) The gender sensitivity of health care pro- facilities of the Department offering the Par- (b) ANNUAL REPORTS ON CLAIMS FOR DISABIL-
viders and staff to issues that particularly affect enting STAIR program; and ITIES INCURRED OR AGGRAVATED BY MILITARY
women. (B) the number of veterans served by such SEXUAL TRAUMA.—
program in the most recent fiscal year or cal- (1) REPORTS REQUIRED.—Not later than March
(9) The effectiveness of outreach for health
endar year for which data is available. 1, 2021, and not less frequently than once each
care services available to women veterans.
(2) FINAL REPORT.—Not later than three years year thereafter through 2027, the Secretary of
(10) The location and operating hours of
after the date of the enactment of this Act, the Veterans Affairs shall submit to Congress a re-
health care facilities that provide services to
Secretary shall submit to the Committee on Vet- port on covered claims submitted during the pre-
women veterans.
erans’ Affairs of the Senate and the Committee vious fiscal year to identify and track the con-
(11) The perception of such veterans of the
on Veterans’ Affairs of the House of Representa- sistency of decisions across regional offices of
motto of the Department.
tives a report detailing— the Department of Veterans Affairs.
(12) Such other significant barriers as the Sec- (2) ELEMENTS.—Each report under paragraph
retary considers appropriate. (A) the results of the study conducted under
subsection (a); (1) shall include the following:
(e) DISCHARGE BY CONTRACT.—The Secretary (A) The number of covered claims submitted to
(B) an update on how many veterans have
shall enter into a contract with a qualified inde- or considered by the Secretary during the fiscal
used the Parenting STAIR program since its de-
pendent entity or organization to carry out the year covered by the report.
velopment in fiscal year 2017, disaggregated by
study and research required under this section. (B) Of the covered claims listed under sub-
(f) MANDATORY REVIEW OF DATA BY CERTAIN year, including the locations in which veterans
have used such program; and paragraph (A), the number and percentage of
DEPARTMENT DIVISIONS.— such claims—
(C) a determination on the feasibility and ad-
(1) REVIEW.— (i) submitted by each sex;
visability of expanding the Parenting STAIR
(A) IN GENERAL.—The Secretary shall ensure (ii) that were approved, including the number
program to all medical facilities of the Depart-
that the head of each division of the Depart- and percentage of such approved claims sub-
ment offering care for military sexual trauma.
ment of Veterans Affairs specified in paragraph mitted by each sex;
(d) DEFINITIONS.—In this section:
(2) reviews the results of the study conducted (iii) that were denied, including the number
(1) AFFECTED MEMBERS AND FORMER MEMBERS
under this section. and percentage of such denied claims submitted
OF THE ARMED FORCES.—The term ‘‘affected
(B) SUBMITTAL OF FINDINGS.—The head of by each sex; and
members and former members of the Armed (iv) that were developed and reviewed by a
each division specified in paragraph (2) shall Forces’’ means members and former members of
submit findings with respect to the study under specialized team established under section
the Armed Forces who are parents and have ex- 1164(a) of title 38, United States Code, as added
this section to the Under Secretary of the De- perienced military sexual trauma.
partment with responsibilities relating to health by subsection (a).
(2) MILITARY SEXUAL TRAUMA.—The term (C) Of the covered claims listed under sub-
care services for women veterans. ‘‘military sexual trauma’’ has the meaning
(2) SPECIFIED DIVISIONS.—The divisions of the paragraph (A) that were approved, the number
given such term in section 1164(c) of title 38, and percentage, disaggregated by sex, of claims
Department of Veterans Affairs specified in this United States Code, as added by section 5501(a)
paragraph are the following: assigned to each rating percentage.
of this title. (D) Of the covered claims listed under sub-
(A) The Office of the Under Secretary for (3) PARENTING STAIR PROGRAM.—The term paragraph (A) that were denied—
Health. ‘‘Parenting STAIR program’’ means the pro- (i) the three most common reasons given by
(B) The Office of Women’s Health established gram of the Department of Veterans Affairs that the Secretary under section 5104(b)(1) of title 38,
under section 7310 of title 38, United States consists of a five-session, parenting-specific United States Code, for such denials; and
Code. treatment protocol based on skills training in af- (ii) the number of denials that were based on
(C) The Center for Women Veterans under fective and interpersonal regulation (commonly the failure of a veteran to report for a medical
section 318 of such title. referred to as ‘‘STAIR’’), which is a cognitive examination.
(D) The Advisory Committee on Women Vet- behavioral therapy that has been identified as a (E) The number of covered claims that, as of
erans established under section 542 of such title. promising practice for treating post-traumatic the end of the fiscal year covered by the report,
(g) REPORT.— stress disorder, including chronic and com- are pending and, separately, the number of such
(1) IN GENERAL.—Not later than 30 months plicated forms, among individuals with co-oc- claims on appeal.
after the date of the enactment of this Act, the curring disorders. (F) For the fiscal year covered by the report,
Secretary shall submit to Congress a report on the average number of days that covered claims
the study required under this section. Subtitle E—Benefits Matters
take to complete, beginning on the date on
(2) ELEMENTS.—The report under paragraph SEC. 5501. EVALUATION OF SERVICE-CONNEC- which the claim is submitted.
(1) shall include— TION OF MENTAL HEALTH CONDI- (G) A description of the training that the Sec-
TIONS RELATING TO MILITARY SEX-
(A) the findings of the head of each division UAL TRAUMA.
retary provides to employees of the Veterans
of the Department specified under subsection Benefits Administration, or such contractors or
(a) SPECIALIZED TEAMS TO EVALUATE CLAIMS
(f)(2); and other individuals as the Secretary considers ap-
INVOLVING MILITARY SEXUAL TRAUMA.—
(B) recommendations for such administrative (1) IN GENERAL.—subchapter VI of chapter 11 propriate, specifically with respect to covered
and legislative action as the Secretary considers of such title is amended by adding at the end claims, including the frequency, length, and
appropriate. the following new section: content of such training.
SEC. 5403. STUDY ON FEASIBILITY AND ADVIS- (H) Whether all covered claims are subject to
ABILITY OF OFFERING PARENTING
‘‘§ 1164. Specialized teams to evaluate claims second level review until the individual rater of
STAIR PROGRAM AT ALL MEDICAL involving military sexual trauma the Veterans Benefits Administration adjudi-
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CENTERS OF DEPARTMENT OF VET- ‘‘(a) IN GENERAL.—The Secretary shall estab- cating such covered claims achieves an accuracy
ERANS AFFAIRS. lish specialized teams to process claims for com- rate of 90 percent on decisions of such covered
(a) IN GENERAL.—The Secretary of Veterans pensation for a covered mental health condition claims.
Affairs shall conduct a study on the feasibility based on military sexual trauma experienced by (3) DEFINITIONS.—In this subsection:
and advisability of expanding the Parenting a veteran during active military, naval, or air (A) COVERED CLAIMS.—The term ‘‘covered
STAIR program to all medical centers of the De- service. claims’’ means claims for disability compensa-
partment of Veterans Affairs and including ‘‘(b) TRAINING.—The Secretary shall ensure tion submitted to the Secretary based on a cov-
such program as part of care for military sexual that members of teams established under sub- ered mental health condition alleged to have
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7201
been incurred or aggravated by military sexual soliciting and collecting information on com- (1) conduct an evaluation of the feasibility
trauma. plaints received, referrals made, and actions and advisability of requiring the processors of
(B) COVERED MENTAL HEALTH CONDITION.— taken by the pension management centers of the claims for pension under chapter 15 of title 38,
The term ‘‘covered mental health condition’’ has Department of Veterans Affairs and any other United States Code, to take additional actions to
the meaning given such term in section 1164(c) relevant components of the Department, in cases verify that the direct deposit information pro-
of title 38, United States Code. of potential financial exploitation of individuals vided by an individual on an application for
(C) MILITARY SEXUAL TRAUMA.—The term receiving pension under chapter 15 of title 38, pension is for the appropriate recipient; and
‘‘military sexual trauma’’ has the meaning United States Code. (2) identify such legislative or administrative
given such term in such section. (b) PLAN TO ASSESS AND ADDRESS FINANCIAL actions as the Under Secretary considers appro-
SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF EXPLOITATION OF VETERANS.— priate to ensure that payments of pension are
VETERANS AFFAIRS MEDICAL EXAM- (1) IN GENERAL.—The Secretary shall develop
provided to the correct recipients.
INER FOR ASSESSMENT OF CLAIMS and periodically update a plan—
FOR COMPENSATION RELATING TO (A) to regularly assess the information solic- (b) SUBMISSION TO CONGRESS.—
DISABILITY RESULTING FROM PHYS- ited and collected under subsection (a) to iden- (1) IN GENERAL.—Not later than 240 days after
ICAL ASSAULT OF A SEXUAL NA- tify trends of potential financial exploitation of the date of the enactment of this Act, the Under
TURE, BATTERY OF A SEXUAL NA- the individuals described in subsection (a) Secretary shall submit to Congress a report on
TURE, OR SEXUAL HARASSMENT.
across the Department; and the evaluation and identification under sub-
(a) IN GENERAL.—Subchapter VI of chapter 11 (B) to outline actions that the Department section (a).
of title 38, United States Code, as amended by can take to improve education and training to
section 5501 of this title, is further amended by (2) CONTENTS.—The report required by para-
address those trends. graph (1) shall include the following:
inserting after section 1164, as added by section (2) SUBMISSION OF PLAN.—Not later than one
5501, the following new section: year after the date of the enactment of this Act (A) The findings of the Under Secretary with
and not less frequently than once every two respect to the evaluation conducted under sub-
‘‘§ 1165. Choice of sex of medical examiner for
years thereafter until the date that is six years section (a)(1).
certain disabilities
after the date of the enactment of this Act, the (B) The actions identified under subsection
‘‘(a) IN GENERAL.—The Secretary shall ensure
Secretary shall submit the plan most recently (a)(2).
that a veteran who requires a medical examina-
tion from a covered medical provider in support developed or updated under paragraph (1) to— (C) A plan for implementing any administra-
of a claim for compensation under this chapter (A) the Comptroller General of the United tive actions identified under subsection (a)(2).
States; and (D) A rationale for not implementing any ac-
for a mental or physical health condition that
(B) the Committee on Veterans’ Affairs and
resulted from a physical assault of a sexual na- tions evaluated under paragraph (1) of sub-
the Special Committee on Aging of the Senate
ture, battery of a sexual nature, or sexual har- section (a) but not identified under paragraph
and the Committee on Veterans’ Affairs of the
assment may designate the sex of the medical (2) of such subsection.
House of Representatives.
provider who provides such medical examina- SEC. 6003. OVERPAYMENTS OF PENSION TO VET- SEC. 6005. ANNUAL REPORT ON EFFORTS OF DE-
tion. ERANS RECEIVING PENSION FROM PARTMENT OF VETERANS AFFAIRS
‘‘(b) COVERED MEDICAL PROVIDERS.—For pur- THE DEPARTMENT OF VETERANS AF- TO ADDRESS THE FINANCIAL EX-
poses of this section, a covered medical provider FAIRS. PLOITATION OF VETERANS RECEIV-
is any medical provider who is employed by the (a) GUIDANCE AND TRAINING FOR CLAIMS ING PENSION.
Department or is under any contract with the PROCESSORS.—As the Secretary of Veterans Af- (a) IN GENERAL.—Not later than one year
Department to provide a medical examination or fairs considers necessary, but not less frequently after the date of the enactment of this Act and
a medical opinion when such an examination or than once every three years until the date that not less frequently than once each year there-
opinion is necessary to make a decision on a is 10 years after the date of the enactment of after until the date that is four years after the
claim. this Act, the Under Secretary for Benefits of the date of the enactment of this Act, the Secretary
‘‘(c) NOTICE.—Before providing any medical Department of Veterans Affairs shall update of Veterans Affairs shall submit to the Com-
examination for a veteran in support for a claim guidance and training curriculum for the proc- mittee on Veterans’ Affairs of the Senate and
described in subsection (a), the Secretary shall essors of claims for pension under chapter 15 of the Committee on Veterans’ Affairs of the House
notify the veteran of the veteran’s rights under title 38, United States Code, regarding the eval- of Representatives a report on efforts to address
subsection (a).’’. uation of questionable medical expenses on ap- the financial exploitation of individuals receiv-
(b) CLERICAL AMENDMENT.—The table of sec- plications for pension, including by updating ing pension under chapter 15 of title 38, United
tions at the beginning of chapter 11 of such such guidance with respect to what constitutes States Code.
title, as amended by section 5501 of this title, is a questionable medical expense and by including (b) CONTENTS.—Each report required by sub-
further amended by inserting after the item re- examples of such expenses. section (a) shall include, for the period covered
lating to section 1164 the following new item: (b) IDENTIFICATION AND TRACKING.—The by the report, the following:
‘‘1165. Choice of sex of medical examiner for Under Secretary shall develop a method for
(1) The number of individuals who received
certain disabilities.’’. identifying and tracking the number of individ-
pension under chapter 15 of title 38, United
SEC. 5503. SECRETARY OF VETERANS AFFAIRS RE- uals who have received overpayments of pension
States Code, who have been referred by any
PORT ON IMPLEMENTING REC- under chapter 15 of title 38, United States Code.
(c) ANNUAL REPORT.—Not later than one year component of the Department of Veterans Af-
OMMENDATIONS OF INSPECTOR
GENERAL OF DEPARTMENT OF VET- after the date of the enactment of this Act and fairs to the Office of Inspector General of the
ERANS AFFAIRS IN CERTAIN REPORT not later than October 31 of each fiscal year be- Department as likely or proven victims of finan-
ON DENIED POSTTRAUMATIC ginning thereafter until the date that is four cial exploitation.
STRESS DISORDER CLAIMS RELATED (2) The number of referrals and reports relat-
years after the date of the enactment of this
TO MILITARY SEXUAL TRAUMA. ing to the financial exploitation of such individ-
Act, the Under Secretary shall submit to Con-
Not later than 90 days after the date of the uals made by the Department of Veterans Af-
gress a report that includes, for the period cov-
enactment of this Act, the Secretary of Veterans fairs to—
ered by the report, the following:
Affairs shall submit to the Committee on Vet- (1) The number of individuals who received (A) the Consumer Sentinel Network of the
erans’ Affairs of the Senate and the Committee overpayments of pension under chapter 15 of Federal Trade Commission; and
on Veterans’ Affairs of the House a report on title 38, United States Code.
the progress of the Secretary in implementing (B) the Department of Justice.
(2) The five most common reasons for overpay-
the recommendations from the report of the In- (3) A description of the actions taken as a re-
ments described in paragraph (1).
spector General of the Department of Veterans (3) The number of veterans who had to repay sult of such referrals and reports against—
Affairs entitled ‘‘Denied Posttraumatic Stress overpayments described in paragraph (1). (A) individuals recognized by the Secretary as
Disorder Claims Related to Military Sexual (4) The number of veterans for whom the Sec- agents or attorneys under section 5904 of title
Trauma’’ (17–05248–241). retary waived a requirement to repay an over- 38, United States Code; and
TITLE VI—REPRESENTATION AND payment described in paragraph (1). (B) individuals not so recognized.
FINANCIAL EXPLOITATION MATTERS (5) The total dollar amount of overpayments SEC. 6006. NOTICE REGARDING FEES CHARGED IN
described in paragraph (1). CONNECTION WITH FILING AN AP-
SEC. 6001. SHORT TITLE.
(6) The total dollar amount of repayments of PLICATION FOR VETERANS PEN-
This title may be cited as the ‘‘Financial Ref- veterans for overpayments described in para- SION.
uge for Every Elderly Veteran Act of 2020’’ or graph (1).
the ‘‘FREE Veteran Act of 2020’’. The Under Secretary for Benefits of the De-
(7) The average dollar amount of repayments
partment of Veterans Affairs shall ensure that
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SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EX- described in paragraph (6).
PLOITATION OF VETERANS RECEIV- every paper or electronic document relating to
SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS
ING PENSION FROM THE DEPART- FOR VERIFYING DIRECT DEPOSIT IN- the receipt of pension under chapter 15 of title
MENT OF VETERANS AFFAIRS. FORMATION PROVIDED BY VET- 38, United States Code, that is available to indi-
(a) DEVELOPMENT OF METHOD FOR SOLICITA- ERANS ON APPLICATIONS FOR VET- viduals who apply for such pension, including
TION AND COLLECTION OF INFORMATION.—Not ERANS PENSION. educational forms about or applications for such
later than one year after the date of the enact- (a) IN GENERAL.—The Under Secretary for pension, includes a notice that the Department
ment of this Act, the Secretary of Veterans Af- Benefits of the Department of Veterans Affairs does not charge any fee in connection with the
fairs shall develop a method for systematically shall— filing of an application for such pension.
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H7202 CONGRESSIONAL RECORD — HOUSE December 16, 2020
SEC. 6007. OUTREACH PLAN FOR EDUCATING ‘‘(b) MEMBERSHIP.—(1) The Committee shall and urban Indian organizations conferring on
VULNERABLE VETERANS ABOUT PO- be comprised of 15 voting members selected by issues at the tribal, regional, or national levels.
TENTIAL FINANCIAL EXPLOITATION ‘‘(6) To ensure that pertinent issues are
the Secretary from among individuals nomi-
RELATING TO THE RECEIPT OF PEN-
SION. nated as specified under this subsection. brought to the attention of Indian tribes, tribal
(a) DEVELOPMENT OF PLAN.—The Under Sec- ‘‘(2) In selecting members under paragraph organizations, urban Indian organizations, and
retary for Benefits of the Department of Vet- (1), the Secretary shall ensure that— Native Hawaiian organizations in a timely man-
‘‘(A) at least one member of each of the 12 ner, so that feedback can be obtained.
erans Affairs shall develop, in collaboration
service areas of the Indian Health Service is rep- ‘‘(7) To encourage the Secretary to work with
with veterans service organizations, an outreach
resented in the membership of the Committee other Federal agencies and Congress so that Na-
plan for educating vulnerable individuals about
nominated by Indian tribes or tribal organiza- tive American veterans are not denied the full
potential financial exploitation relating to the
tions; benefit of their status as both Native Americans
receipt of pension under chapter 15 of title 38, ‘‘(B) at least one member of the Committee and veterans.
United States Code. represents the Native Hawaiian veteran commu- ‘‘(8) To highlight contributions of Native
(b) SUBMISSION TO CONGRESS.—Not later than
nity nominated by a Native Hawaiian Organiza- American veterans in the Armed Forces.
180 days after the date of the enactment of this
tion; ‘‘(9) To make recommendations on the con-
Act, the Under Secretary shall submit to the ‘‘(C) at least one member of the Committee sultation policy of the Department on tribal
Committee on Veterans’ Affairs and the Special represents urban Indian organizations nomi- matters.
Committee on Aging of the Senate and the Com- nated by a national urban Indian organization; ‘‘(10) To support a process to develop an
mittee on Veterans’ Affairs of the House of Rep- and urban Indian organization confer policy to en-
resentatives the plan developed under sub- ‘‘(D) not fewer than half of the members are sure the Secretary confers, to the maximum ex-
section (a). veterans, unless the Secretary determines that tent practicable, with urban Indian organiza-
(c) VETERANS SERVICE ORGANIZATION DE-
an insufficient number of qualified veterans tions.
FINED.—In this section, the term ‘‘veterans serv-
were nominated under paragraph (1). ‘‘(11) To conduct other duties as recommended
ice organization’’ means an organization recog- ‘‘(3) No member of the Committee may be an by the Committee.
nized by the Secretary of Veterans Affairs for employee of the Federal Government. ‘‘(g) REPORTS.—(1) Not less frequently than
the representation of veterans under section ‘‘(c) TERMS; VACANCIES.—(1) A member of the once each year, the Committee shall submit to
5902 of title 38, United States Code. Committee shall be appointed for a term of two the Secretary and the appropriate committees of
TITLE VII—OTHER MATTERS years. Congress such recommendations as the Com-
Subtitle A—Administrative and Other Matters ‘‘(2) The Secretary shall fill a vacancy in the mittee may have for legislative or administrative
SEC. 7001. MEDICAL EXAMINATION PROTOCOL Committee in the same manner as the original action for the upcoming year.
FOR VOLUNTEER DRIVERS PARTICI- appointment within 180 days. ‘‘(2) Not later than 90 days after the date on
PATING IN PROGRAM OF TRANSPOR- ‘‘(d) MEETINGS.—(1)(A) Except as provided in which the Secretary receives a recommendation
TATION SERVICES FOR VETERANS. subparagraph (B), the Committee shall meet in- under paragraph (1), the Secretary shall submit
Section 111A(b) of title 38, United States Code, person with the Secretary, or the Secretary’s to the appropriate committees of Congress a
is amended— designee, not less frequently than twice each written response to the recommendation.
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; year and hold monthly conference calls as nec- ‘‘(3) Not less frequently than once every two
and essary. years, the Committee shall submit to the Sec-
(2) by adding at the end the following new ‘‘(B) During a public health emergency (as de- retary and the appropriate committees of Con-
paragraph: fined in section 20003 of the Coronavirus Aid, gress a report describing the activities of the
‘‘(2)(A) Not later than 90 days after the date Relief, and Economic Security Act (Public Law Committee during the previous two years.
of the enactment of the Johnny Isakson and 116–136)), meetings under subparagraph (A) may ‘‘(4) The Secretary shall make publicly avail-
David P. Roe, M.D. Veterans Health Care and be conducted virtually. able on an Internet website of the Department—
Benefits Improvement Act of 2020, the Secretary ‘‘(2)(A) Representatives of relevant Federal ‘‘(A) each recommendation the Secretary re-
shall develop and establish a national protocol agencies may attend meetings of the Committee ceives under paragraph (1);
for the administration of medical examinations and provide information to the Committee. ‘‘(B) each response the Secretary submits
for volunteer drivers to participate in the pro- ‘‘(B) One representative of the Office of Tribal under paragraph (2); and
gram described in paragraph (1). Government Relations of the Department shall ‘‘(C) each report the Secretary receives under
‘‘(B) In developing the protocol required by attend at each meeting of the Committee. paragraph (3).
subparagraph (A), the Secretary shall consult ‘‘(C) Representatives attending meetings ‘‘(h) COMMITTEE PERSONNEL MATTERS.—A
with such persons as the Secretary determines under this paragraph shall not be considered member of the Committee shall be allowed travel
have an interest in the program described in voting members of the Committee. expenses, including per diem in lieu of subsist-
paragraph (1). ‘‘(D) A representative attending a meeting or ence, at rates authorized for an employee of an
‘‘(C)(i) The Secretary shall implement the pro- providing information under this paragraph agency under subchapter I of chapter 57 of title
tocol by first conducting a one-year pilot pro- may not receive additional compensation for 5 while away from the home or regular place of
gram using the protocol. services performed with respect to the Com- business of the member in the performance of
‘‘(ii) After conducting the pilot program re- mittee. the duties of the Committee.
quired by clause (i), the Secretary shall assess ‘‘(e) SUBCOMMITTEES.—(1) The Committee may ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT EX-
the pilot program and make such changes to the establish subcommittees. EMPTION.—Section 14 of the Federal Advisory
protocol as the Secretary considers appropriate. ‘‘(2) The Secretary may, in consultation with Committee Act (5 U.S.C. App.) shall not apply to
‘‘(iii) After making changes to the protocol the Committee, appoint a member to a sub- the Committee.
under clause (ii), the Secretary shall implement committee established under paragraph (1) who ‘‘(j) DEFINITIONS.—In this section:
the protocol in phases during the course of one is not a member of the Committee. ‘‘(1) The term ‘appropriate committees of Con-
year.’’. ‘‘(3) Such subcommittees may enhance the gress’ means—
SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS function of the Committee, but may not super- ‘‘(A) the Committee on Veterans’ Affairs and
ADVISORY COMMITTEE ON TRIBAL sede the authority of the Committee or provide the Committee on Indian Affairs of the Senate;
AND INDIAN AFFAIRS.
direct advice or work products to the Depart- and
(a) ESTABLISHMENT OF ADVISORY COM- ment. ‘‘(B) the Committee on Veterans’ Affairs and
MITTEE.— ‘‘(f) DUTIES.—The duties of the Committee are the Committee on Natural Resources of the
(1) IN GENERAL.—Subchapter III of chapter 5 as follows: House of Representatives.
of title 38, United States Code, is amended by ‘‘(1) To advise the Secretary on ways the De- ‘‘(2) The term ‘Indian tribe’ has the meaning
adding at the end the following new section: partment can improve the programs and services given such term in section 4 of the Indian Self-
‘‘§ 547. Advisory Committee on Tribal and In- of the Department to better serve Native Amer- Determination and Education Assistance Act (25
dian Affairs ican veterans. U.S.C. 5304).
‘‘(a) ESTABLISHMENT.—(1) The Secretary shall ‘‘(2) To identify for the Department evolving ‘‘(3) The term ‘Native Hawaiian organization’
establish an advisory committee to provide ad- issues of relevance to Indian tribes, tribal orga- means any organization that—
vice and guidance to the Secretary on matters nizations, and Native American veterans relat- ‘‘(A) serves the interests of Native Hawaiians;
relating to Indian tribes, tribal organizations, ing to programs and services of the Department. ‘‘(B) has Native Hawaiians in substantive and
and Native American veterans. ‘‘(3) To propose clarifications, recommenda- policymaking positions within the organization;
‘‘(2) The advisory committee established under tions, and solutions to address issues raised at ‘‘(C) has demonstrated experience working
paragraph (1) shall be known as the ‘Advisory tribal, regional, and national levels, especially with Native Hawaiian veterans; and
Committee on Tribal and Indian Affairs’ (in this regarding any tribal consultation reports. ‘‘(D) shall include the Office of Hawaiian Af-
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section referred to as the ‘Committee’). ‘‘(4) To provide a forum for Indian tribes, trib- fairs.
‘‘(3) The Committee shall facilitate, but not al organizations, urban Indian organizations, ‘‘(4) The term ‘Native American veteran’ has
supplant, government-to-government consulta- Native Hawaiian organizations, and the Depart- the meaning given such term in section 3765 of
tion between the Department and Indian tribes ment to discuss issues and proposals for changes this title.
or tribal organizations. to Department regulations, policies, and proce- ‘‘(5) The term ‘Office of Hawaiian Affairs’
‘‘(4) The Secretary shall consult with Indian dures. means the Office of Hawaiian Affairs estab-
tribes or tribal organizations in developing a ‘‘(5) To identify priorities and provide advice lished by the constitution of the State of Ha-
charter for the Committee. on appropriate strategies for tribal consultation waii.’’.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7203
‘‘(6) The term ‘tribal organization’ has the ‘‘(3) The debarment of an offeror under para- (2) Corrective actions and specific steps to ad-
meaning given such term in section 3765 of this graph (1) includes the debarment of all prin- dress each root cause, including—
title. cipals in the offeror for a period of not less than (A) the progress of the Secretary in imple-
‘‘(7) The term ‘urban Indian organization’ has five years.’’. menting those actions and steps; and
the meaning given such term in section 4 of the (b) CLERICAL AMENDMENT.—The table of sec- (B) timelines and milestones the Secretary de-
Indian Health Care Improvement Act (25 U.S.C. tions at the beginning of chapter 81 of such title termines feasible to complete each corrective ac-
1603).’’. is amended by inserting after the item relating tion.
(2) CLERICAL AMENDMENT.—The table of sec- to section 8128 the following new item: (3) Resources the Secretary determines are
tions at the beginning of chapter 5 of such title necessary to implement corrective actions, in-
‘‘8129. Preference for offerors employing vet-
is amended by inserting after the item relating cluding—
erans.’’. (A) funding;
to section 546 the following new item:
SEC. 7004. EXTENSION OF CERTAIN EMPLOYMENT (B) stakeholders;
‘‘547. Advisory Committee on Tribal and Indian AND REEMPLOYMENT RIGHTS TO (C) technology; and
Affairs.’’. MEMBERS OF THE NATIONAL GUARD (D) senior officials responsible for imple-
(b) DEADLINE FOR ESTABLISHMENT.—The Sec- WHO PERFORM STATE ACTIVE DUTY.
retary of Veterans Affairs shall establish the ad- menting the corrective actions and reporting re-
Section 4303 of title 38, United States Code, is sults.
visory committee required by section 547 of title amended— (4) Metrics for assessing progress in address-
38, United States Code, as added by subsection (1) in paragraph (13), by inserting ‘‘State ac- ing the areas of concern described in para-
(a)(1), not later than 180 days after the date of tive duty for a period of 14 days or more, State graphs (1) and (2) of subsection (a).
the enactment of this Act. active duty in response to a national emergency (5) Key outcomes that demonstrate progress in
(c) DEADLINE FOR INITIAL APPOINTMENTS.—
declared by the President under the National addressing the areas of concern described in
Not later than 90 days after the date on which
Emergencies Act (50 U.S.C. 1601 et seq.), State paragraphs (1) and (2) of subsection (a).
the Secretary establishes the advisory committee
active duty in response to a major disaster de- (6) Obstacles to implementation of the plan
required by such section, the Secretary shall ap-
clared by the President under section 401 of the that the Secretary identifies.
point members under subsection (b)(1) of such (7) Recommendations of the Secretary regard-
Robert T. Stafford Disaster Relief and Emer-
section. ing legislation or funding the Secretary deter-
(d) INITIAL MEETING.—Not later than 90 days gency Assistance Act (42 U.S.C. 5170),’’ after
‘‘full-time National Guard duty,’’; mines necessary to implement the plan.
after the date on which the Secretary estab- (8) Any other information the Secretary deter-
lishes the advisory committee required by such (2) by redesignating paragraph (15) as para-
graph (16); and mines is relevant to understanding the progress
section, such advisory committee shall hold its of the Department toward the removal of the
first meeting. (3) by inserting after paragraph (14) the fol-
lowing new paragraph (15): areas of concern from the High Risk List.
(e) REPORT ON RELATION TO OFFICE OF TRIB-
‘‘(15) The term ‘State active duty’ means (c) ANNUAL UPDATES.—
AL AND GOVERNMENT RELATIONS.— (1) UPDATE REQUIRED.—Not less than once
(1) IN GENERAL.—Not later than two years training or other duty, other than inactive duty,
performed by a member of the National Guard of each year during the implementation period
after the date of the first meeting held by the
a State— under paragraph (2), the Secretary shall submit
advisory committee required by such section, the
‘‘(A) not under section 502 of title 32 or under to Congress an update regarding implementation
Secretary shall submit to Congress a report on
title 10; of each element of the plan under subsection
whether and to what extent the activities of the
‘‘(B) in service to the Governor of a State; and (b).
advisory committee improve the function of the
(2) IMPLEMENTATION PERIOD.—The implemen-
Office of Tribal and Government Relations of ‘‘(C) for which the member is not entitled to
tation period described in this paragraph begins
the Department of Veterans Affairs, aid the de- pay from the Federal Government.’’.
on the date on which the Secretary submits the
cisions of the Secretary, and whether and to SEC. 7005. REPAYMENT OF MISUSED BENEFITS.
report required under subsection (a) and ends
what extent the activities of the advisory com- (a) IN GENERAL.—Section 6107(b) of title 38, on the earlier of the following dates:
mittee duplicate function of the Department per- United States Code, is amended— (A) The date on which the Comptroller Gen-
formed before the enactment of this Act. (1) in paragraph (1), by striking ‘‘In any case eral removes the last area of concern for the De-
(2) REVIEW BY ADVISORY COMMITTEE.—The in which a fiduciary described in paragraph partment from the most recent High-Risk List of
Secretary shall— (2)’’ and inserting ‘‘In any case not covered by
(A) give the advisory committee an oppor- the Government Accountability Office.
subsection (a) in which a fiduciary’’; (B) The date that is 8 years after the date on
tunity to review the report required by para-
(2) by striking paragraph (2); and which the Secretary submits the plan required
graph (1) before submitting the report under
(3) by redesignating paragraph (3) as para- under subsection (a).
such paragraph; and
(B) include in the report submitted under such graph (2). SEC. 7008. ANNUAL REPORT BY SECRETARY OF
paragraph such comments as the advisory com- (b) APPLICATION.—The amendments made by VETERANS AFFAIRS ON IMPLEMEN-
subsection (a) shall apply with respect to any TATION OF PRIORITY RECOMMENDA-
mittee considers appropriate regarding the views TIONS OF COMPTROLLER GENERAL
of the advisory committee with respect to the re- determination by the Secretary of Veterans Af-
fairs made on or after the date of the enactment OF THE UNITED STATES PER-
port. TAINING TO DEPARTMENT OF VET-
SEC. 7003. PREFERENCE FOR OFFERORS EMPLOY-
of this Act regarding the misuse of benefits by a ERANS AFFAIRS.
ING VETERANS. fiduciary. (a) ANNUAL REPORT REQUIRED.—Not later
(a) IN GENERAL.—Subchapter II of chapter 81 SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS. than 270 days after the date of the enactment of
of title 38, United States Code, is amended by Section 7364(b)(1) of title 38, United States this Act, and not less than once during each of
adding after section 8128 the following new sec- Code, is amended by adding at the end the fol- the subsequent 3 years, the Secretary of Vet-
tion: lowing new sentence: ‘‘Any amounts so trans- erans Affairs shall submit to the Committees on
‘‘§ 8129. Preference for offerors employing vet- ferred after September 30, 2016, shall be avail- Veterans’ Affairs of the Senate and House of
erans able without regard to fiscal year limitations, Representatives and to the Comptroller General
‘‘(a) PREFERENCE.—(1) In awarding a contract notwithstanding section 1535(d) of title 31.’’. of the United States a report on the implementa-
for the procurement of goods or services, the SEC. 7007. REPORT AND PLANNED ACTIONS OF tion of priority recommendations of the Comp-
Secretary may give a preference to offerors that THE SECRETARY OF VETERANS AF- troller General that pertain to the Department
FAIRS TO ADDRESS CERTAIN HIGH- of Veterans Affairs.
employ veterans on a full-time basis.
RISK AREAS OF THE DEPARTMENT (b) CONTENTS.—Each report submitted under
‘‘(2) The Secretary shall determine such pref-
OF VETERANS AFFAIRS.
erence based on the percentage of the full-time subsection (a) shall include, for the period cov-
employees of the offeror who are veterans. (a) REPORT REQUIRED.—Not later than 180 ered by the report, the following:
‘‘(b) ENFORCEMENT PENALTIES FOR MISREPRE- days after the date of the enactment of this Act, (1) The progress of the Secretary in imple-
SENTATION.—(1) Any offeror that is determined the Secretary of Veterans Affairs, in consulta- menting all open priority recommendations of
by the Secretary to have willfully and inten- tion with the Comptroller General of the United the Comptroller General for the Department of
tionally misrepresented the veteran status of the States, shall submit to the Committees on Vet- Veterans Affairs.
employees of the offeror for purposes of sub- erans’ Affairs of the Senate and House of Rep- (2) An explanation for each instance where
section (a) may be debarred from contracting resentatives a report outlining the plan the Sec- the Secretary has decided not to implement, or
with the Department for a period of not less retary has developed and the actions the Sec- has not fully implemented, an open priority rec-
than five years. retary has taken to address the areas of concern ommendation of the Comptroller General for the
‘‘(2) If the Secretary carries out a debarment identified by the Comptroller General for the Department.
under paragraph (1), the Secretary shall— Department of Veterans Affairs in the 2019 (3) A summary of the corrective actions taken
‘‘(A) commence debarment action against the High-Risk List of the Government Account- and remaining steps the Secretary plans to take
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offeror by not later than 30 days after deter- ability Office (GAO–19–157SP) regarding— to implement open priority recommendations of
mining that the offeror willfully and inten- (1) acquisition management; and the Comptroller General.
tionally misrepresented the veteran status of the (2) managing risks and improving health care. (c) SUPPLEMENT NOT SUPPLANT CERTAIN RE-
employees of the offeror as described in para- (b) ELEMENTS.—The report under subsection QUIRED REPORTS OR WRITTEN STATEMENTS.—
graph (1); and (a) shall include each of the following: The report under this section shall not be con-
‘‘(B) complete debarment actions against such (1) Root causes of the areas of concern de- strued to supplant any report or written state-
offeror by not later than 90 days after such de- scribed in paragraphs (1) and (2) of subsection ment required under section 720 of title 31,
termination. (a). United States Code.
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H7204 CONGRESSIONAL RECORD — HOUSE December 16, 2020
SEC. 7009. CLARIFICATION OF METHODS USED TO SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTA- (2) in paragraph (2)(C)(ii), by striking ‘‘Sec-
MONITOR COMPLIANCE WITH CER- TION. retary of Defense’’ and inserting ‘‘Secretary
TAIN LIMITATIONS ON SUBCON- Concurrent with the submittal to Congress of concerned’’.
TRACTING. the President’s budget request under section (b) RETROACTIVE APPLICATION.—The amend-
Section 8127(k)(3)(A) of title 38, United States 1105 of title 31, United States Code, for fiscal ments made by this section shall apply to stop
Code, is amended by striking ‘‘and any other’’ year 2022 and each of the next three subsequent movement orders issued on or after March 1,
and inserting ‘‘or any other’’. fiscal years, the Chief Financial Officer of the 2020.
SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS Department of Veterans affairs shall submit to
REQUIREMENT TO PROVIDE CER-
The SPEAKER pro tempore. Pursu-
the appropriate congressional committees each
TAIN NOTICE TO PERSONS FILING ant to the rule, the gentleman from
of the following:
CLAIMS FOR DAMAGE, INJURY, OR
(1) A certification of the responsibility of the California (Mr. TAKANO) and the gen-
DEATH ON STANDARD FORM 95. tleman from Tennessee (Mr. DAVID P.
Chief Financial Officer for internal financial
Not later than 90 days after the date on which ROE) each will control 20 minutes.
controls of the Department.
a person submits to the Secretary of Veterans (2) An attestation that the Chief Financial The Chair recognizes the gentleman
Affairs a claim for damage, injury, or death on Officer has collaborated sufficiently with the
Standard Form 95, or any successor form, the
from California.
subordinate chief financial officers of the De- GENERAL LEAVE
Secretary shall provide to such person notice of partment to be confident in the financial projec-
each of the following: Mr. TAKANO. Mr. Speaker, I ask
tions included the budget request and sup-
(1) The benefit of obtaining legal advice con- porting materials. unanimous consent that all Members
cerning such claim. may have 5 legislative days in which to
SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSI-
(2) The employment status of any individual BILITY FOR SUBORDINATE CHIEF FI- revise and extend their remarks and to
listed on the form. NANCIAL OFFICERS. insert extraneous material on H.R.
(3) If the claim involves a contractor that en- (a) IN GENERAL.—In accordance with the re-
tered into an agreement with the Secretary, the 7105, as amended.
sponsibilities of the Chief Financial Officer of The SPEAKER pro tempore. Is there
importance of obtaining legal advice as to the the Department of Veterans Affairs for the re-
statute of limitations regarding the claim in the objection to the request of the gen-
cruitment, selection, and training of personnel
State in which the claim arose. to carry out agency financial management func-
tleman from California?
Subtitle B—Matters Relating to the Chief Fi- tions pursuant to section 902(a)(5)(C) of title 31,
There was no objection.
nancial Officer of Department of Veterans United States Code, the Chief Financial Officer Mr. TAKANO. Mr. Speaker, I yield
Affairs or the designee of the Chief Financial Officer myself such time as I may consume.
SEC. 7101. DEFINITIONS. within the Office of Management of the Depart- Mr. Speaker, I rise in support of H.R.
In this subtitle: ment shall— 7105, as amended, the Johnny Isakson
(1) APPROPRIATE CONGRESSIONAL COMMIT- (1) participate in the interview and selection and David P. Roe, M.D. Veterans
TEES.—The term ‘‘appropriate congressional panels of all subordinate chief financial officers; Health Care and Benefits Improvement
committees’’ means the Committees on Veterans’ and Act of 2020.
Affairs of the Senate and the House of Rep- (2) give input into the performance plans and H.R. 7105, as amended, was intro-
resentatives and the Committees on Appropria- performance evaluations of all subordinate chief
financial officers.
duced by Representative MIKE LEVIN,
tions of the Senate and the House of Represent- chairman of the Subcommittee on Eco-
atives. (b) TERMINATION.—The requirements under
subsection (a) shall terminate on the date that nomic Opportunity, and the bill before
(2) SUBORDINATE CHIEF FINANCIAL OFFICER.—
The term ‘‘subordinate chief financial officer’’— is five years after the date of the enactment of us today contains several crucial im-
(A) includes— this Act. provements that will better the lives of
(i) the chief financial officer of the Veterans Subtitle C—Servicemembers Civil Relief veterans during the COVID–19 pan-
Health Administration, the chief financial offi- SEC. 7201. CLARIFICATION OF DELIVERY OF NO- demic and beyond.
cer of the Office of Community Care within the TICE OF TERMINATION OF LEASES Mr. Speaker, the first title of this
Veterans Health Administration, and all chief OF PREMISES AND MOTOR VEHICLES
FOR PURPOSES OF RELIEF UNDER
bill contains legislation from Rep-
financial officers of Veterans Integrated Service resentatives LEVIN, UNDERWOOD,
SERVICEMEMBERS CIVIL RELIEF
Networks within the Veterans Health Adminis-
ACT. SABLAN, BROWNLEY, WEXTON, and LEE
tration;
(ii) the chief financial officer of the Veterans
(a) IN GENERAL.—Section 305(c)(2) of the to improve the Forever GI Bill. These
Servicemembers Civil Relief Act (50 U.S.C. provisions will ensure that institutions
Benefits Administration and all chief financial
3955(c)(2)) is amended— of higher learning are more account-
officers of organizational subdivisions rep-
(1) in subparagraph (B), by striking ‘‘or’’ at
resenting business lines within the Veterans
the end;
able to student veterans.
Benefits Administration; (2) in subparagraph (C), by striking the period These provisions will improve over-
(iii) the chief financial officer of the National sight of colleges and universities, pro-
and inserting ‘‘; or’’; and
Cemetery Administration; and (3) by adding at the end the following new vide more flexibility for veterans to
(iv) the chief financial officer of the Office of subparagraph: use their benefits, and improve infor-
Information and Technology; and ‘‘(D) by electronic means, including—
(B) does not include the Inspector General. mation sharing with students so that
‘‘(i) the direct delivery of material to an elec- they can make a more informed deci-
SEC. 7102. PLANS FOR ADDRESSING MATERIAL tronic address designated by the lessor (or the
WEAKNESSES AND PROVIDING SUF- sion on where to continue their edu-
lessor’s grantee) or the lessor’s agent (or the
FICIENT AUTHORITY TO CHIEF FI-
agent’s grantee); cation.
NANCIAL OFFICER OF DEPARTMENT Further, building off my Student
OF VETERANS AFFAIRS. ‘‘(ii) the posting of material to a website or
other internet or electronic-based information Veterans Coronavirus Response Act
Not later than 180 days after the date of the
enactment of this Act, and annually thereafter repository to which access has been granted to from earlier in the year, this legisla-
for each of the three subsequent years, the Sec- the lessee, the lessor (or the lessor’s grantee), or tion includes immediate COVID–19-re-
retary of Veterans Affairs, acting through the the lessor’s agent (or the agent’s grantee); and lated relief, from Representative
‘‘(iii) other electronic means reasonably cal- CUNNINGHAM, to student veterans. His
Chief Financial Officer of the Department of
culated to ensure actual receipt of the material
Veterans Affairs, shall submit to the appropriate
by the lessor (or the lessor’s grantee) or the les-
legislation will extend housing benefits
congressional committees— to student veterans, provide more flexi-
(1) an action plan, including steps, related sor’s agent (or the agent’s grantee).’’.
(b) EFFECTIVE DATE.—The amendments made bility when using their education bene-
timelines, costs, progress, status of implementa-
by subsection (a) shall apply to delivery of no- fits during the pandemic, and mod-
tion, and any updates for fully addressing the
material weaknesses of the Department dis-
tice of lease terminations on or after the date ernize apprenticeship programs to
the enactment of this Act. allow them to continue effectively dur-
cussed in the Management’s Discussion and
SEC. 7202. TECHNICAL CORRECTION REGARDING ing COVID–19.
Analysis section of the financial statements of
EXTENSION OF LEASE PROTECTIONS
the Department submitted to Congress under FOR SERVICEMEMBERS UNDER STOP
Mr. Speaker, to better serve those
section 3515 of title 31, United States Code for MOVEMENT ORDERS IN RESPONSE veterans who are experiencing home-
the year preceding the year during which the TO LOCAL, NATIONAL, OR GLOBAL lessness, this legislation includes con-
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report is submitted; and EMERGENCY. tributions from Representatives PA-
(2) a plan outlining the steps the Secretary (a) IN GENERAL.—Section 305(b) of the NETTA, PETERS, WILD, BEATTY, and
plans to take to address the recommendations of Servicemembers Civil Relief Act (50 U.S.C.
BROWNLEY to provide more veterans
auditors related to entity-level internal controls 3955(b)), as amended by Public Law 116–158, is
and to provide sufficient authority to the Chief further amended— with access to the HUD-VASH pro-
Financial Officer of the Department to carry (1) in paragraph (1)(C)(ii), by striking ‘‘Sec- gram, including veterans with children
out the requirements of section 902 of title 31, retary of Defense’’ and inserting ‘‘Secretary and women veterans, and to provide
United States Code. concerned’’; and legal services to homeless veterans.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7205
Recognition of service and sacrifice Representative JULIA BROWNLEY, the b 1430
is a priority of mine, and I thank Rep- chairwoman of the Veterans’ Affairs Mr. DAVID P. ROE of Tennessee. Mr.
resentative COX for his bill that awards Health Subcommittee. Title V is Speaker, I yield myself such time as I
benefits to military advisers who named after Deborah Sampson, a Revo- may consume.
served in Vietnam immediately prior lutionary War veteran from Massachu- Mr. Speaker, I rise today in support
to the Vietnam war. This group of ad- setts who served in the Continental of H.R. 7105, the Johnny Isakson and
visers faced hostilities in the years pre- Army for 17 months and was wounded David P. Roe, M.D. Veterans Health
ceding the formal declaration of war in in battle more than once. Care and Benefits Improvement Act of
Vietnam, and some lost their lives. The Mr. Speaker, Deborah Sampson was 2020.
Military Assistance Advisory Group neither the first nor the only woman to This legislation is a culmination of 2
will now have greater access to certain serve in the Continental Army, nor was years of bipartisan work by the House
wartime benefits. she the first woman to be granted a and Senate Veterans’ Affairs Commit-
Mr. Speaker, similarly, this legisla- pension by Congress, but she was the tees. It contains provisions that will
tion expands benefits for certain vet- most persistent. Over 38 years, Con- provide veterans and their families
erans, including Medal of Honor recipi- gress granted her a pension, backpay; with improved access to care, com-
ents. Thanks to Representative LAMB’s and, ultimately, her husband was pensation, education, housing, and bur-
legislation, those veterans and their granted a survivor’s pension after her ial benefits that they have earned and
survivors will now receive a greater death. It is because of similar persist- will result in a Department of Veterans
amount of special pension. ence by women warriors who followed Affairs that is better able to meet their
My priority next Congress is to bring in Deborah Sampson’s footsteps that needs.
more veterans with toxic exposures we are considering this legislation I am proud that one of my last votes
into VA and create an easier process to today. in Congress will be in support of this
get these veterans benefits. One group bill. I am also humbled that it bears
Among the numerous provisions in-
I have heard a lot about is K–2 vet- my name and that of my friend, former
cluded in this legislation—perhaps the
erans, who served at Karshi-Khanabad Senator Johnny Isakson from Georgia.
most important—relate to eliminating
Air Base in Uzbekistan. These service- It was a pleasure to work with Senator
sexual harassment and assault.
members slept in tents above soil that Isakson as the chairman of the Senate
Today, nearly one in four new re- Veterans’ Affairs Committee before his
glowed and oozed, and, unsurprisingly, cruits joining the military is a woman;
many later fell ill. retirement last year.
and, as a result, women veterans are Our shared passion for serving our
Mr. Speaker, I fully support inclusion the fastest growing demographic in the
of legislation that partners with the fellow veterans led to the creation and
veterans community, and VA must be passage of landmark veterans’ legisla-
Centers for Disease Control to study prepared to welcome them.
these exposures and resulting health tion, including the MISSION Act, the
Unacceptably, at least one in four Forever GI Bill, the Accountability and
effects. women veterans experience sexual and
For veterans who have passed away, Whistleblower Protection Act, and the
gender harassment at VA facilities. Veterans Appeals Improvement and
burial benefits ease the burden on This must end. Modernization Act.
grieving families. This legislative
Mr. Speaker, last week, both the VA I am honored to share this recogni-
package expands these benefits, cre-
OIG and the Fort Hood Independent tion with him, and I thank our col-
ating greater access. Representative
Review Committee issued reports that leagues for recognizing our work in
DELGADO’s legislation makes counties
emphasized the need to do more to ad- this way. It would take more time than
eligible for VA grants to build and op-
dress the toxic culture that exists at I have to list every worthy proposal in
erate veteran cemeteries, bringing a this bill and thank every lawmaker,
the Department of Defense and at VA.
veteran’s final resting place closer to Republican and Democrat alike, who
No veteran, caregiver, employee, con-
home for rural communities. sponsored them.
tractor, or other public visitor should
Representative SABLAN’s legislation The many provisions included in this
experience sexual harassment or as-
works to expand those grants, which omnibus bill will support veterans and
sault at VA.
are also available to States, territories, families from the time they transition
and Tribal governments, to cover in- H.R. 7105, as amended, requires VA to
develop a comprehensive policy that out of the military to the time they
creasing costs of cemetery operations. are interred in a VA, State, Tribal, or
This legislative package includes sev- includes bystander intervention, man-
datory reporting mechanisms for em- private cemetery and at multiple crit-
eral provisions from numerous ical touchpoints in between.
healthcare-related bills, and I will just ployees, confidential reporting mecha-
nisms for veterans, and holds leader- For transitioning veterans, it will
take a minute to highlight a few. authorize a review of the Transition
I am really delighted we are able to ship accountable for addressing sexual
harassment and assault at VA facili- Assistance Program, or TAP; allow
include Representative GALLEGO’s Na- TAP to be provided at off-base loca-
tive American PACT Act, which pro- ties.
tions; and support community organi-
hibits VA from collecting copays from This bill also includes provisions put
zations that are supporting service-
a veteran who is a member of an Indian forward by Representative PAPPAS that
members as they transition.
Tribe. require new rules for how VA collects For student veterans, it will expand
Mr. Speaker, H.R. 7105, as amended, debts owed by beneficiaries to avoid the Edith Nourse Rogers STEM Schol-
also includes innovative ideas like Rep- unnecessary harm to veteran credit arship program to student veterans
resentative KAPTUR’s the Vet HP Act, ratings, as well as to prevent many working on their medical degrees; re-
which seeks to expose undergraduate overpayments from happening due to quire schools to provide all student
students considering careers in medi- eligibility changes. veterans with in-state tuition, regard-
cine to directly experience VA’s Mr. Speaker, finally, the bill before less of when they left Active Duty;
healthcare environment. us improves the protections offered by make improvements and increase fund-
In addition, this package includes the Servicemembers Civil Relief Act ing for the VET TEC pilot program to
language requiring State veterans for veterans and their families. The in- connect veterans with careers in the
homes to provide VA with reoccurring cluded legislation from Representa- technology industry; strengthen over-
reports on COVID–19 cases and related tives BUSTOS and ROSE provides addi- sight of schools that use the GI Bill;
issues in the facility. This is one more tional protections to ensure that vet- expand the restoration of benefits to
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way that VA and Congress can ensure erans aren’t disadvantaged by their students whose schools close in the
veterans in State veterans homes have service to our Nation and that they are middle of a term; and ensure that more
the resources they need during this allowed more flexibility and protec- servicemembers and veterans can take
public health emergency. tions for their employment and leases. advantage of the improved benefits
Mr. Speaker, I am especially pleased Mr. Speaker, I urge all Members to available through the Post-9/11 GI Bill.
this end-of-year package includes the support H.R. 7105, as amended, and I re- For veterans with service-connected
Deborah Sampson Act, introduced by serve the balance of my time. disabilities, it will ensure that claims
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H7206 CONGRESSIONAL RECORD — HOUSE December 16, 2020
for disability compensation include while in the Reserves, and it will ad- ny Isakson and David P. Roe, M.D. Vet-
pertinent information from veterans’ dress an inequity in Federal benefits erans Health Care and Benefits Im-
private providers by requiring the VA for surviving spouses by allowing them provement Act.
to reinstate public-facing Disability to retain their eligibility for VA De- In addition to including the Deborah
Benefits Questionnaires, or DBQs, and pendency and Indemnity Compensation Sampson Act, a key piece of legislation
issue a report detailing whether an al- if they remarry after the age of 55. that will improve healthcare and ac-
ternative disability exam process I can go on and on; but, suffice to cess to VA services and benefits for
would better serve veterans and, if so, say, there is something in this bill for women veterans, this legislation also
implement it. just about every one of our Nation’s includes the Boosting Rates of Amer-
For women veterans, it will ensure veterans and their loved ones. ican Veteran Employment Act, which I
that the VA healthcare system is more I am very grateful to every Senator introduced, along with Congressman
prepared for and responsive to their and Member of Congress who has intro- PAUL COOK from California, to expand
needs and help it instill a culture that duced one of the various pieces of legis- employment opportunities for our vet-
is more welcoming, inclusive, and safe. lation in this package, including Re- erans.
For veterans who have experienced publican Leader KEVIN MCCARTHY of The BRAVE Act is commonsense, bi-
military sexual trauma, it will stream- California; my good friend and incom- partisan legislation that will authorize
line benefits and make it easier to get ing Ranking Member MIKE BOST from the VA Secretary to give preference to
the care and compensation they de- Illinois; Congressman GUS BILIRAKIS contractors with high concentrations
serve. from Florida; General JACK BERGMAN of full-time veteran employees when
For veterans struggling with home- from Michigan; Congressman JIM awarding Federal contracts.
lessness or housing insecurity, it will BANKS from Indiana; Congressman First, this will reward companies
increase funding for transitional hous- ANDY BARR from Kentucky, Congress- that actively hire and invest in vet-
ing providers; improve case manage- man ADAM KINZINGER from Illinois; erans. Second, it will create an incen-
ment services in the HUD-VASH Congressman DOUG LAMALFA from tive for other companies to do the
voucher program; provide additional California; and Congressman JODEY same, which, in, turn will help bring
funding and flexibility to allow service ARRINGTON from Texas. more veterans into their workforce
providers to care for those with chil- This bill would not have been pos- with good paying jobs, the types of op-
dren and meet rising demands associ- sible without the hard work, dedica- portunities that give veterans and
ated with COVID–19; authorize grant tion, and support of numerous individ- their families the stability they need
funding for legal services; and support uals and organizations, including VA; as they transition to civilian life.
those leaving the criminal justice sys- our partners in the veteran service or- Most importantly, as more and more
tem. ganization community; the Women companies hire more and more vet-
For veterans worried about their fi- Veterans Task Force; committee mem- erans, they will ultimately see that in-
nances, it will address a major root bers from both sides of the aisle, par- vesting in veterans is just good for
cause of veteran debt by allowing vet- ticularly the chairs and ranking mem- business. That is what the real incen-
erans to remove dependents from the bers of our Subcommittees on Dis- tive should be.
eBenefits system. ability Assistance and Memorial Af- Mr. Speaker, I thank Chairman
For veterans concerned about the fairs, on Economic Opportunity, on TAKANO and Ranking Member ROE for
general management and operation of Health, and on Oversight and Inves- including the BRAVE Act in this bipar-
the Department of Veterans Affairs, it tigations; our colleagues on the Senate tisan bill package, and I urge my col-
will improve VA’s work with Congress Veterans’ Affairs Committee; and last, leagues to support H.R. 7105 today.
and the Government Accountability but certainly not least, my good Mr. DAVID P. ROE of Tennessee. Mr.
Office to address high-risk service lines friends and fellow Veterans’ Affairs Speaker, I yield 4 minutes to the gen-
and improve VA’s overall efficiency Committee leaders: Chairman TAKANO, tleman from Illinois (Mr. BOST), my
and effectiveness; and strengthen fi- Chairman MORAN, and Ranking Mem- good friend and new ranking member
nancial management across the De- ber TESTER. on the Veterans’ Affairs Committee. I
Serving in the United States Army,
partment, which is more important have been in Mr. BOST’s district many
Second Infantry Division, as I did, was
now than ever before as VA’s budget times. I know his passion. He is a
a defining moment in my life. Helping
approaches $250 billion a year and total former marine. I guess once a marine,
to serve my fellow veterans in Congress
liabilities surpass $4 trillion. always a marine, Mr. Speaker.
these past 12 years along such an es-
For veterans who are providing crit- Mr. BOST. Mr. Speaker, I stand in
teemed group of lawmakers who I am
ical care and support during the full support of H.R. 7105, and I am
proud to call friends has been a honor
COVID–19 pandemic, it will provide a proud to be the sponsor of several pro-
of a lifetime.
time-limited presumption of exposure The 116th Congress has been one for visions included in today’s veterans’
to help streamline benefits for those the history books in more than one omnibus bill.
who develop long-term disabilities as- way. I hope that it will end on a high The first is a provision that would
sociated with exposure to COVID–19 as note today by passing this important modernize the Service-Disabled Vet-
a result of their service during this un- bill and providing that, despite all of erans Insurance program by increasing
forgettable moment in history. the challenges before us at this par- the maximum coverage from $10,000 to
For veterans at the end of their lives, ticular moment in time, Congress can $40,000; ensuring that veterans cannot
it will create a single burial benefit for still come together on a bipartisan be denied coverage for any preexisting
non-service-connected veterans by rais- basis to enact meaningful legislation condition; removing the requirement
ing the cost of the non-service-con- on behalf of some of our most deserving that veterans apply for coverage within
nected burial allowance to match the constituents, the men and women who 2 years of receiving an award of service
allowance for veterans who pass away have so bravely defended our freedoms connection; and requiring premiums to
in a VA facility; allow VA to pay for and the families and caregivers who cover the long-term cost of the pro-
certain burial transportation costs for support them. gram, like the VA has with other life
families who choose to lay their loved Mr. Speaker, I urge every one of my insurance programs.
ones to rest in a State or Tribal vet- colleagues to join me in supporting Once the modernization program
erans cemetery; and permit VA to re- this bill today, and I reserve the bal- goes into effect, the outdated program
place a veteran’s VA-furnished head- would be sunset for new applicants.
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ance of my time.
stone in a private cemetery to add me- Mr. TAKANO. Mr. Speaker, I yield 1 Another provision of mine will au-
morial inscriptions for eligible family minute to the gentlewoman from New thorize a pilot program to extend li-
members. York (Miss RICE), my good friend and cense portability to certain nonphysi-
Finally, for veterans’ survivors, it member of the House Veterans’ Affairs cian providers who perform disability
will extend GI Bill survivor benefits to Committee. exams under contract with the VA. As
the families of servicemembers who Miss RICE of New York. Mr. Speaker, a result, contract vendors will be able
died of a service-connected injury I rise in support of H.R. 7105, the John- to schedule a veteran’s exam sooner.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7207
This is critical, as the VBA focuses its Transition Improvement Act to ease would require the VA to furnish an urn
efforts on reducing the backlogs of dis- the transition to civilian life and help or a plaque if a deceased eligible vet-
ability exams that has been caused by veterans build meaningful careers. eran was not interred in a traditional
the pandemic. It includes the Protect the GI Bill cemetery. All veterans deserve to be
Additionally, this bill will address a Act and the Pandemic Assistance for honored for their service, regardless of
problem that occurred when a veteran Student Veterans Act to help veterans how their families choose to lay them
has a change in their dependency sta- make the most of their GI Bill benefits. to rest.
tus, but the VA does not take imme- It includes the Brian Tally VA Em- It is named in honor of Chuck Osier,
diate action to reduce the veteran’s ployment Transparency Act to protect an Air Force veteran from Sherrill,
benefits payments. As a result, the vet- veterans’ legal rights. New York, who passed away in 2015. Be-
eran may incur an overpayment that This legislation will make a real dif- cause Chuck was not interred in a tra-
the veteran must pay back. My provi- ference for veterans across the coun- ditional cemetery, his family could not
sion would allow a veteran to remove try, and I am proud of the bipartisan honor him with a VA-furnished mark-
their dependent from their award progress we are making today. er.
through eBenefits within 60 days of the Mr. DAVID P. ROE of Tennessee. Mr. His widow, Donna, has been working
veteran’s input and without VA ap- Speaker, I yield 2 minutes to the gen- with Members of Congress from central
proval. tleman from Michigan (Mr. BERGMAN), New York for years to get this fixed. I
This package also includes another my good friend who represents the am proud to stand here for Chuck and
one of my bills, H.R. 7445, which would Upper Peninsula of Michigan. I think Donna and finally get this bill passed.
expand eligibility for VA home loans General BERGMAN is the highest rank- Mr. Speaker, I urge my colleagues to
programs to certain members of the ing officer who has served in the U.S. support this important legislation for
National Guard and Reserve. Congress, a marine. our Nation’s veterans and their fami-
Mr. Speaker, it is only right and log- lies.
ical that members of the National b 1445 Mr. DAVID P. ROE of Tennessee. Mr.
Guard and Reserve who perform Fed- Mr. BERGMAN. Mr. Speaker, I rise Speaker, I yield 2 minutes to the gen-
eral Active Duty be given the same today in support of H.R. 7105, the John- tleman from Kentucky (Mr. BARR), my
benefits as their full-time Active Duty ny Isakson and David P. Roe, M.D. Vet- good friend, my neighbor just north of
counterparts. erans Health Care and Benefits Im- me in Kentucky, and a very, very
Before I close, I would like to thank provement Act of 2020. prominent member of the Veterans’ Af-
Ranking Member ROE for his leader- I consider the word ‘‘optimism’’ to fairs Committee.
ship on the committee these past 4 mean hope that actually includes a Mr. BARR. Mr. Speaker, I rise today
years, both as ranking member and as plan, and I have sincere optimism that in strong support of H.R. 7105, the
chairman. He has done a great job of the bipartisan legislative package be- Johnny Isakson and David P. Roe, M.D.
representing the veterans of this Na- fore us today will serve as a blueprint Veterans Health Care and Benefits Im-
tion and making sure that his focus for the great work we can achieve in provement Act of 2020.
and the committee’s focus is kept on Let me start by thanking my good
the next Congress by working together.
what is best for them. friend, the ranking member of the Vet-
More importantly, I have confidence
I want to thank him for how he erans’ Affairs Committee, a former
that it will make a positive difference
treats and works with each member of chairman of this committee, for his
in veterans’ lives.
the staff, as well as each Member, to service to this country, not just as a
For example, H.R. 7105 includes my
guide us through. Remember, under his veteran himself, but also leading this
legislation, the GI Bill Planning Act of
guidance, we have enacted several committee and being a tireless cham-
2019, which will give military enlistees pion of the men and women who have
pieces of legislative accomplishments,
greater ability to consider which GI served our country in uniform, through
including appeals reform, the MISSION
Bill benefits are right for them. all of his accomplishments on this
Act, and the Forever GI Bill.
Now, as the full committee ranking Just think, in the heat of the first 2 committee.
member, I hope to follow in his foot- weeks of their boot camp, 70 percent of I am so grateful for what you have
steps, and I hope I can do him proud enlistees decide to pay $1,200 upfront to done for our veterans and, on a per-
and continue our work to improve ben- opt into their Montgomery GI Bill ben- sonal note, as a mentor to me and so
efits and services for our veterans and efit, but 97 percent actually end up many others, leading the way, showing
their families. using the more robust post-9/11 GI Bill. your patriotism. You are going to be
Mr. TAKANO. Mr. Speaker, I yield 1 By delaying this Montgomery GI Bill missed here, but we appreciate your
minute to the gentleman from Cali- opt-in decision 6 months and respon- friendship.
fornia (Mr. LEVIN), my good friend, who sibly ending new enrollment in 10 I am grateful, Mr. Speaker, that the
is also a member of the House Vet- years, we will actually save recruits two bipartisan bills I introduced this
erans’ Affairs Committee and is the money and ensure they are more in- Congress are included in this com-
Chairman of the Economic Opportunity formed on their future education bene- prehensive veterans package: an
Subcommittee. fits. amended version of my bill, H.R. 7795,
Mr. LEVIN of California. Mr. Speak- Mr. Speaker, I thank the chairman the Veterans Benefits Fairness and
er, we simply cannot allow our vet- and the ranking member for including Transparency Act of 2020, which I in-
erans to fall into homelessness, end up not only my bill but several other troduced with my Democratic col-
jobless, or go without the basic serv- major measures that I have co-led to league, Representative ELAINE LURIA
ices that they deserve. These chal- improve VA transparency in benefits from Virginia; and H.R. 5772, the Vet-
lenges have only been exacerbated by decisions, as well as increase account- eran STEM Scholarship Enhancement
the COVID–19 pandemic. ability in the Department’s efforts to Act, which I introduced and later
I am proud to lead the Johnny Isak- address programs that are at a high worked on with Representative LAUREN
son and David P. Roe, M.D. Veterans risk of waste, fraud, and abuse. UNDERWOOD from Illinois.
Health Care and Benefits Improvement Mr. Speaker, I urge my colleagues to My bill, the Veterans Benefits Fair-
Act so that we can do right by our vet- support H.R. 7105, and I wish Dr. ROE ness and Transparency Act of 2020 will
erans during this pandemic and be- fair winds and following seas. make it easier for veterans to file their
yond. Mr. TAKANO. Mr. Speaker, I yield 1 disability claims by requiring the VA
This legislation includes several of minute to the gentleman from New to restore the availability of disability
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my bipartisan bills. It includes the Re- York (Mr. BRINDISI), my good friend, benefits questionnaires, or DBQs, to
ducing Veteran Homelessness Act and who is also a member of the House Vet- their publicly available website so that
the Homeless Veteran Coronavirus Re- erans’ Affairs Committee. a veteran can use their own personal
sponse Act to lift veterans out of Mr. BRINDISI. Mr. Speaker, I rise in healthcare provider when filing for
homelessness. support of H.R. 7105. benefits. This bill also cuts red tape
It includes the Navy SEAL Chief I am proud that this bill includes the and bureaucracy by preventing a vet-
Petty Officer William ‘‘Bill’’ Mulder Chuck Osier Burial Benefits Act, which eran’s claim from being rejected just
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H7208 CONGRESSIONAL RECORD — HOUSE December 16, 2020
because the VA changed a line on a A second provisions honors the sac- oring Bill Mulder and his family and,
form. rifices of our female veterans by ensur- in doing so, passing this legislation
Mr. Speaker, I would like to thank ing they have access to properly fitted that will engage our Active Duty mili-
my constituent, retired Master Gun- prosthetic items, just as their male tary earlier in the process, before they
nery Sergeant Kenneth Gilliam, a 30- counterparts do. venture out as civilians, to equip them
year Marine Corps veteran, and Ken- The third focuses on punitive debt and empower them with education and
tucky Sixth District Veterans Coali- collection practices by VA against our opportunities for employment and to
tion member retired Chief Warrant Of- veterans, many of whom have done ev- connect them with their brothers and
ficer Denny Hart, who were the inspira- erything right. This provision sets lim- sisters, fellow veterans in the commu-
tion for this legislation. its on when VA may initiate collection nity.
My other bill, the Veteran STEM proceedings and even gives our vet- All the component parts of this, I
Scholarship Enhancement Act allows erans the ability to update crucial ben- think, will end up with lives saved, less
the VA to more quickly process vet- efit information online. Bill Mulders, in terms of his final chap-
eran scholarship applications for the Mr. Speaker, I thank the House and ter, and less pain for wives of military
Edith Nourse Rogers STEM Scholar- Senate committees for getting this bi- personnel, like Sydney Mulder.
ship by lifting the requirement for pri- partisan bill to the floor, and I urge my To Sydney, let me say thank you for
ority groups among eligible veterans colleagues to pass this legislation your sacrifice.
applying for the scholarship unless the today. To Bill’s children, Nina, Jake, and
VA determines that it is nearing the Mr. DAVID P. ROE of Tennessee. Mr. Sam, thank you for what you guys rep-
scholarship’s yearly funding limit. Speaker, I yield 3 minutes to the gen- resent in military families. Your dad is
This bill also prevents the Rogers tleman from Texas (Mr. ARRINGTON), a true American hero. His legacy will
STEM scholarship from counting to- who served on the Veterans’ Affairs not stop here. It will live on in you,
ward the 48-month limit a veteran Committee and the Ways and Means and it will live on in the lives that it
can— Committee. He has been a tireless ad- changes because of this piece of legisla-
The SPEAKER pro tempore. The vocate for veterans during that time. tion.
time of the gentleman has expired. Mr. Speaker, with all due respect, The SPEAKER pro tempore. The
Mr. DAVID P. ROE of Tennessee. Mr. there would not be a Texas if it were time of the gentleman has expired.
Speaker, I yield an additional 1 minute not for Tennessee. Mr. DAVID P. ROE of Tennessee. Mr.
to the gentleman from Kentucky. Mr. ARRINGTON. Mr. Speaker, how Speaker, I yield an additional 1 minute
Mr. BARR. Mr. Speaker, this bill also can a Texan respond to that in the 3 to the gentleman from Texas.
prevents the Rogers STEM scholarship minutes that has been allotted to me? Mr. ARRINGTON. Mr. Speaker,
from counting toward the 48-month Mr. Speaker, I will say, with all sin- thank you for indulging me.
limit a veteran can receive GI benefits. cerity, what an incredible man, what a God bless the Mulder family. God
I have seen veterans in my district in great statesman and a leader for this bless those who serve our great coun-
central and eastern Kentucky, espe- country. For all things good about our try.
cially at Eastern Kentucky University, veterans and the promises that we have I pray to God that this will help
take advantage of this important made and the services that we render make an impact on the real lives of our
scholarship. to them, Dr. PHIL ROE, what a hero and veterans as they transition and maxi-
Mr. Speaker, I am proud of my vote what a great mentor to many of us. mize their greatest God-given potential
for this package that delivers for our I join the many who have benefited as civilians once again. That is the way
Nation’s veterans. I thank, again, my from your friendship and leadership. this ought to work, and I know that is
colleagues for working in a bipartisan Mr. Speaker, I appreciate Chairman our desire.
way to shepherd this very important TAKANO’s friendship, and I thank him Mr. TAKANO. Mr. Speaker, I thank
package of veteran advocacy legisla- for his leadership and his love for our the gentleman from Texas and his de-
tion to fruition. veterans. Our country’s character, I votion to Bill Mulder and his memory.
Once again, I thank my good friend think we would say, could be measured Mr. Speaker, I yield 1 minute to the
for his distinguished service in this in a few ways. One of them is how we gentlewoman from Ohio (Ms. KAPTUR),
body, Dr. PHIL ROE. Thank you, sir. It treat those who we send off to battle. my good friend, a longtime friend to
has been an honor serving with you on In addition to being the right thing the Veterans’ Affairs Committee, and a
this subcommittee especially. to do—that is, deliver on the promises senior member of the Appropriations
Mr. TAKANO. Mr. Speaker, I yield 1 we make to our veterans—it is also Committee.
minute to the gentleman from New good national security policy. It is Ms. KAPTUR. Mr. Speaker, I thank
Hampshire (Mr. PAPPAS), my good more than just recruiting the right Chairman TAKANO for his dedication
friend who is also a member of the people and providing the best training. and leadership to move these import
House Veterans’ Affairs Committee and If we are going to maintain the great- veterans provisions through Congress.
chairman of the Subcommittee on est fighting force in all the world, we Included in this package is my bill,
Oversight and Investigations. need to make sure we do right by our the Veterans-Specific Education for
Mr. PAPPAS. Mr. Speaker, I thank Active Duty military men and women Tomorrow’s Health Professionals Act.
Chairman TAKANO for getting this im- as they transition to civilian life and The VET HP Act will create a 1-year
portant legislation to the floor. being veterans. pilot program to allow pre-med stu-
Mr. Speaker, I rise today in support Mr. Speaker, I want to focus on title dents to gain clinical observation expe-
of H.R. 7105, a crucial piece of veterans IV of this piece of legislation. It is the rience at VA medical centers. I thank
legislation that aptly bears the name Transition Assistance Improvement the chairman for his leadership in help-
of our distinguished ranking member, Act that I have worked on for a few ing include this.
Dr. ROE. years now. It is named after my dear This legislation will not only in-
The bill now includes three pieces of friend from high school, Bill Mulder, crease opportunities for students from
legislation that I introduced to ensure Chief Petty Officer Navy SEAL Bill diverse backgrounds to gain the clin-
VA is able to fulfill its mission of sup- Mulder. I love saying his name. ical observation time they need for
porting all those who have borne the He is a warrior’s warrior. He, too, medical school, but it will also allow
battle. These three provisions will help gave his life for this country. He suf- them the opportunity to gain a deeper
improve the quality of care and address fered and struggled with the wounds of understanding of veterans’ specific
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deficiencies that frustrate and even battle that you can’t easily see. Let’s health needs and experiences, which we
harm our veterans. put it that way. just heard about, while connecting
The first requires VA to address bu- I am so grateful to Chairman TAKANO them with the VA medical system.
reaucratic waste, fraud, abuse, and and Chairman ROE, and my colleagues In identifying and training future
mismanagement identified by the Gov- on the other side of the aisle, espe- physicians interested in serving vet-
ernment Accountability Office’s High cially Representative MIKE LEVIN, for erans, this legislation will, hopefully,
Risk List. helping shepherd this along and hon- help fill some of the estimated 30,000
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7209
medical vacancies at the Department who has been a champion for the finan- ing reporting from State veterans’
of Veterans Affairs by creating a viable cial security of our veterans on every- homes in light of COVID outbreaks.
pipeline of future physicians. thing from the GI Bill to This bill is focused on justice, equal-
Mr. Speaker, one of our highest re- antihomelessness initiatives. ity, and opportunity, and we are par-
sponsibilities as a Congress is to ensure And to you, Mr. Ranking Member ticularly proud of the steps taken to
our veterans receive the timely, high- ROE, thank you for your leadership and help servicemembers transition to the
est quality care they deserve from your friendship and prioritizing our civilian workforce and to improve serv-
trained professionals. I am pleased that veterans. I am so proud that this bill is ices and VA access for Native Amer-
this bill, the VET HP Act, with the named for you. Congratulations to you, ican veterans, including eliminating
leadership of Chairman TAKANO and and thank you. their copays.
with my sponsorship as well, will di- I also recognize former Senator John- House Members can take pride in the
rectly support these priorities. ny Isakson. What a great person he is. inclusion of Congresswoman
b 1500 What a great Member of the Senate he BROWNLEY’s Deborah Sampson Act, a
has been. I enjoyed being with him crown jewel in this package and the
Mr. DAVID P. ROE of Tennessee. Mr. when we were saluting our veterans at most comprehensive women veterans
Speaker, I reserve the balance of my Normandy, when he made that visit bill in over a decade.
time. there and made us all so proud. This bill improves the health, bene-
Mr. TAKANO. Mr. Speaker, I yield 1 Johnny was always bipartisan, reach- fits, education, and VA support system
minute to the gentlewoman from Cali- ing across the aisle for our veterans, for women veterans, including by re-
fornia (Ms. PELOSI), a champion and a and it was a joy to serve in this House quiring VA to create the
staunch advocate, who is unparalleled as he served as a Senator. But I want antiharassment and antiassault policy,
in her support for our Nation’s 22 mil- him to know that he is very missed improving women-specific primary
lion veterans. and, again, recognized for his leader- healthcare, expanding access to
Under the Speaker’s leadership, the ship. childcare, and strengthening mental
House has passed the largest increases Mr. Speaker, last year, many Mem- health initiatives.
in veterans funding in history, includ- bers were blessed to be able to travel to This bill could not be more timely.
ing investments in mental health serv- Europe to mark 75 years of the Nor- Last week, the VA inspector general’s
ices, Agent Orange disability, mandy landing and the Battle of the report revealed the appalling coverup
healthcare benefits, economic and edu- Bulge on another visit. and discrediting of a woman veteran
cational opportunities, as well as job At the commemoration of the Battle who works on the task force that cre-
training. of the Bulge, almost 1 year ago this ated this legislation at the hands of
She understands we must build up, day, I met a veteran in his nineties Secretary Wilkie and top VA officials.
not tear down, the Department of Vet- who urged us to pray for peace. He It is a profound injustice for any pa-
erans Affairs. She has upheld the sa- spoke for the veterans who were gath- triot with the courage to serve to have
cred pledge that, just as the military ered there in a program with the King to experience having his or her voice
leaves no one behind on the battlefield, of Belgium and the President of Ger- silenced and integrity questioned. Con-
we must leave no veteran behind here many. It was very interesting. The Sec- gress will not relent until every serv-
at home. retary of Defense spoke, but the vet- icemember, every veteran, every
This Congress, with her support, we eran spoke for the veterans, and he woman can live free from the fear of
have continued to preserve the sacred talked about the camaraderie and the assault or abuse.
trust of our men and women in uniform band of brothers and all that, but at This package was drafted—this is
and the 200,000 servicemembers who be- the end, he said: Pray for peace. what I am so proud of, because, on a
come veterans each year. In that same spirit of peace, hope, regular basis, we meet with the veteran
Mr. Speaker, I am, of course, refer- and respect, this Congress has honored service organizations, and it is their
ring to the Speaker of this great House our veterans and their families and opportunity to tell us what their prior-
from the great State of California, the caregivers with transformative action: ities are. There are so many issues that
Honorable NANCY D’ALESANDRO PELOSI. from the Blue Water Navy Vietnam needed to be addressed. Some of them I
Ms. PELOSI. Mr. Speaker, I thank Veterans Act to expand protections for have already mentioned here that have
the gentleman for yielding and for his those devastated by exposure to Agent been addressed over time and right
great leadership. He makes us so proud Orange, to ending the cruelly unfair now. But their wisdom and their expe-
as the chair of the Veterans’ Affairs widows tax and kiddie tax—remember rience and their patriotism really helps
Committee. that?—to passing the COMPACT Act to shape our agenda.
I proudly rise in support of H.R. 7105, combat veteran suicide, to investing Thank you, Mr. TAKANO, for listening
a strong bipartisan package of legisla- nearly $20 billion in VA readiness in and for acting upon the knowledge and
tion that strives to meet our respon- pandemic research. values they give us.
sibilities to honor the service and sac- Now the House is building on this bi- This package was drafted in con-
rifice of those who don the uniform. partisan momentum with this omni- sultation with leading veterans groups,
The strength of this package and its bus, which includes provisions from and we are proud to have the support of
support across the aisle is a testament nearly 60 House-passed bills. the Veterans of Foreign Wars, the
to the outstanding leadership of Chair- This bill strengthens veterans’ edu- American Legion, the Military Officers
man MARK TAKANO. We are very proud cation, investing nearly $350 million in Association of America, Student Vet-
of him as a Californian and as a Mem- improving GI benefits for surviving erans of America, Disabled American
ber of this House. family members, increasing work study Veterans, the National Military Fam-
The bill has been an all-hands-on- options and fellowship opportunities ily Association, Iraq and Afghan Vet-
deck effort, and I salute the many for veterans, securing benefits for erans of America, the Association of
Members whose provisions and perspec- those who cannot complete courses due the U.S. Navy, Paralyzed Veterans of
tives have strengthened it: to the pandemic, and more. America, and Veterans Education Suc-
Congresswoman JULIA BROWNLEY, the It safeguards veterans’ benefits, in- cess, just to name a few. The list goes
chair of the Health Subcommittee and cluding by modernizing the benefit sys- on.
the Women’s Veterans Task Force, who tem with commonsense reforms, in- As we send this package to the Presi-
has worked tirelessly to achieve gender vesting in benefits for surviving dent’s desk, House Democrats are
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equity at VA, including, now, through spouses, and improving eligibility for ready to take further action to honor
the landmark Deborah Sampson Act housing and home loan assistance for our veterans in the next Congress,
included in this omnibus; National Guard and Reserve members. working alongside the Biden-Harris ad-
Congressman MIKE LEVIN, the pride This bill protects veterans’ health, ministration.
of our freshman class, who introduced improving care for those exposed to the Just as the military pledges to leave
this omnibus as chair of the Sub- coronavirus and burn pits, improving no one behind on the battlefield, we
committee on Economic Opportunity, VA’s scheduling process, and increas- solemnly promise to leave no veteran
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H7210 CONGRESSIONAL RECORD — HOUSE December 16, 2020
behind. That is particularly personal to Mr. TAKANO. Mr. Speaker, I yield 1 b 1515
me, having four brothers who served in minute to the gentleman from Michi- Despite this, the VA has long charged
the armed services, an uncle who died gan (Mr. KILDEE), my good friend. Native veterans unconstitutional co-
in World War II, but also a daughter Mr. KILDEE. Mr. Speaker, I thank payments for their care. That should
who is so committed to our veterans Chairman TAKANO and Ranking Mem- end today.
that practically every day she will say ber ROE and my Michigan colleague, Now more than ever, in the midst of
to me: What did you do for our vet- JACK BERGMAN, with whom I worked on a health crisis that has been dispropor-
erans today? And not just on Veterans this legislation, for bringing this bill to tionately affecting Native people, we
Day. the floor, which includes my legisla- need to make sure that Native veterans
As we send this package, recognize tion, the Transparency For Wounded have access to the healthcare they are
that our work on behalf of veterans, Warriors Act. due, both as veterans and as members
their families, and their caregivers This legislation will improve the of Tribal nations.
must be bipartisan and of the highest Traumatic Servicemembers’ Group That is why, Mr. Speaker, I urge my
priority. I urge the passage of this bill. Life Insurance program, known as colleagues to support this important
And as I say to those VSOs when TSGLI, which provides financial sup- provision to uphold our trust responsi-
they come in: Understand this; for you port to help servicemembers recover bility and to vote ‘‘yes’’ on the under-
and to honor you, we pledge to always from severe injuries. lying package.
work as much as possible in a bipar- This issue came to me 7 years ago as Mr. DAVID P. ROE of Tennessee. Mr.
tisan way. a result of an injury suffered by Ser- Speaker, I reserve the balance of my
That is the way they would want us geant First Class Cameron Corder from time.
to do so. That is why I am particularly Clio, Michigan, my neighbor just a few Mr. TAKANO. Mr. Speaker, I yield 1
proud, Congressman ROE, to recognize miles away from where I live, who sus- minute to the gentleman from New
your leadership, and I am so happy tained a severe back injury while on York (Mr. DELGADO), my good friend.
that this bill is named for you and for Active Duty serving as a flight medic Mr. DELGADO. Mr. Speaker, I thank
Johnny Isakson, as well. in Afghanistan. the chairman, Mr. TAKANO, for yield-
Mr. Speaker, I once again voice my Despite his traumatic injury, the ing.
appreciation for Mr. TAKANO for his Army repeatedly denied his TSGLI Mr. Speaker, I rise today in support
great leadership. I thank him. claims, and for years my staff and I of H.R. 7105. This legislation incor-
Mr. DAVID P. ROE of Tennessee. Mr. fought all the way to the top rungs of porates two bills I was proud to intro-
Speaker, I reserve the balance of my the military to try to get Cameron his duce.
The first bill is my bipartisan Fair-
time. benefits. Finally, in November of 2017,
Mr. TAKANO. Mr. Speaker, I am sure ness for Local Veteran Cemeteries Act,
after years of denials, Cameron re-
an easy bipartisan fix to allow local-
Christine Pelosi is going to be tweeting ceived those benefits.
ities to honor our Nation’s veterans.
in just a few moments. His experience, though, was a clear As the law is currently written, only
Mr. Speaker, I yield 1 minute to the case of bureaucratic harm suffered by a State-run veteran cemeteries are eligi-
gentleman from Connecticut (Mr. Wounded Warrior. His treatment was ble for the National Cemetery Admin-
COURTNEY), my good friend and mem- unacceptable. This legislation will, istration’s Veterans Cemetery Grants.
ber of the Armed Services Committee hopefully, ensure that it won’t happen This cripples counties and States that
and senior member of the Education to other servicemembers. don’t have State-operated veteran
and Labor Committee. I am pleased that the House has in- cemeteries, including New York, Flor-
Mr. COURTNEY. Mr. Speaker, I rise cluded this bill in this bipartisan pack- ida, Alaska, and Oregon, where veteran
in support of this bill and salute Mr. age. When it comes to my constituents cemeteries are operated by counties or
TAKANO and Mr. ROE for their fine and veterans, I don’t give up until I county-equivalents.
work. win. Our bill will ensure counties and lo-
In particular, I want to foot stomp I thank my friend Chairman TAKANO, calities can use Federal funds to help
section 2011, which instructs GAO to and I especially thank Dr. ROE. I very run veteran cemeteries.
conduct an independent analysis of the much enjoyed serving with you and H.R. 7105 also incorporates my Im-
VA’s 1-year manifestation rule, which look forward to staying connected to proving Benefits for Underserved Vet-
has unfairly blocked benefits for three you in some fashion. erans Act, which would require the VA
debilitating conditions caused by Mr. DAVID P. ROE of Tennessee. Mr. to publish a report on veterans’ bene-
Agent Orange dioxin used in the Viet- Speaker, I reserve the balance of my fits, disaggregating by sex or minority
nam war. time. group member status. This is an impor-
In a nutshell, veterans are required Mr. TAKANO. Mr. Speaker, I yield 1 tant step in leveling the playing field
to show these illnesses manifested minute the gentleman from Arizona for women and minority veterans.
themselves within 1 year of exposure in (Mr. GALLEGO). The men and women of the armed
order to get VA help. Only one prob- Mr. GALLEGO. Mr. Speaker, I rise in services dedicate their lives to defend-
lem: 50 years ago, when servicemem- support of H.R. 7105. This important ing our Nation and its values. I am
bers were handling this poison, the package includes a bill I authored, H.R. proud to support this legislation that
U.S. Government never disclosed how 4908, the Native American Veteran helps our Nation provide better care
dangerous it was. When its toxicity PACT Act. for our veterans and protect their final
was finally recognized decades later, Native people have fought in every resting place.
the 1-year clock to prove manifestation American war since the American Rev- Mr. DAVID P. ROE of Tennessee. Mr.
had long expired. It is the ultimate olution, more than a century before Speaker, I reserve the balance of my
catch-22. they were even granted citizenship. time.
Section 2011 would not exist but for When I served in Iraq, I fought along- Mr. TAKANO. Mr. Speaker, I yield 1
the tireless work of Vietnam veteran side Navajo marines, some of the best minute to the gentlewoman from New
Gerry Wright from Andover, Con- marines you will ever meet. I have wit- Mexico (Ms. HAALAND), my good friend.
necticut, who has crisscrossed America nessed, firsthand, Native communities’ The SPEAKER pro tempore. Mem-
rounding up support for abolishing this tradition of service to America, which bers are reminded to put on their
rule—no lobbyists, no super-PACs, just is why I introduced the PACT Act, to masks.
old-fashioned citizen activism. make sure America keeps its promises Ms. HAALAND. Mr. Speaker, as one
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Mr. Speaker, I congratulate Gerry. to these heroes. of the first Native American women
He is a true patriot. The PACT Act would prohibit the VA elected to Congress and the daughter of
Mr. Speaker, I urge support of this from charging copays to Native Amer- two veterans, I am proud that my bill
bill. ican veterans. The United States Gov- with Representative MIKE GALLAGHER,
Mr. DAVID P. ROE of Tennessee. Mr. ernment has a treaty obligation to pro- the Department of Veterans Affairs
Speaker, I reserve the balance of my vide healthcare to Native Americans Tribal Advisory Committee Act, will
time. free of charge. be included in this package.
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December 16, 2020 CONGRESSIONAL RECORD — HOUSE H7211
All veterans deserve the best care I ask my colleagues to support H.R. 7105. PROGRAM.—Section 1720G(a) of title 38,
that our country can give, but there The SPEAKER pro tempore. The United States Code, is amended by adding at
are gaps in services for Native Amer- question is on the motion offered by the end the following new paragraphs:
the gentleman from California (Mr. ‘‘(12)(A) The Secretary shall notify the in-
ican veterans.
dividuals described in subparagraph (C) re-
The advisory committee established TAKANO) that the House suspend the
garding decisions affecting the furnishing of
by this bill will ensure that we look at rules and concur in the Senate amend- assistance under this subsection using stand-
and remedy the specific barriers Native ment to the bill, H.R. 7105. ardized letters, as the Secretary determines
American veterans face so they will The question was taken; and (two- such notifications and letters to be appro-
have access to the same care that other thirds being in the affirmative) the priate.
veterans have. rules were suspended and the Senate ‘‘(B) A notification provided under sub-
For these reasons and many more, I amendment was concurred in. paragraph (A) shall include the elements re-
am thankful for the inclusion of my A motion to reconsider was laid on quired for notices of decisions under section
bill today and look forward to seeing the table. 5104(b) of this title to the extent that those
elements apply to such notification, unless,
its implementation by President-elect f
not later than 60 days after the date of the
Biden. TRANSPARENCY AND EFFECTIVE enactment of the Transparency and Effective
The SPEAKER pro tempore. The Accountability Measures for Veteran Care-
ACCOUNTABILITY MEASURES
time of the gentleman from California givers Act, the Secretary determines that it
FOR VETERAN CAREGIVERS ACT
(Mr. TAKANO) has expired. would not be feasible to include such ele-
Mr. DAVID P. ROE of Tennessee. Mr. Mr. TAKANO. Mr. Speaker, I move to ments in such notifications and submits to
Speaker, I have no further speakers, suspend the rules and pass the bill (S. the Committee on Veterans’ Affairs of the
and I am prepared to close. 2216) to require the Secretary of Vet- Senate and the Committee on Veterans’ Af-
Mr. Speaker, it is obvious today, erans Affairs to formally recognize fairs of the House of Representatives a re-
with the minority leader, the Speaker, caregivers of veterans, notify veterans port setting forth the reasons for such deter-
and numerous, numerous distinguished and caregivers of clinical determina- mination.
‘‘(C) The individuals described in this sub-
Members coming to speak, the impor- tions relating to eligibility for the
paragraph shall include—
tance of this. family caregiver program, and tempo- ‘‘(i) an individual who submits an applica-
Mr. Speaker, I thank Chairman rarily extend benefits for veterans who tion for the program established under para-
TAKANO for his work on this. I thank are determined ineligible for the fam- graph (1);
all the Members who, in a bipartisan ily caregiver program, and for other ‘‘(ii) an individual determined by the Sec-
way, brought this extremely important purposes. retary to be an eligible veteran pursuant to
bill to fruition. The Clerk read the title of the bill. such an application; and
I certainly appreciate the honor of The text of the bill is as follows: ‘‘(iii) a family caregiver of an eligible vet-
having this bill named after Senator S. 2216 eran who is—
‘‘(I) approved as a provider of personal care
ISAKSON and myself, and I encourage Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in services under paragraph (6)(B); or
my colleagues to support this bill. ‘‘(II) designated as a primary provider of
Mr. Speaker, I yield back the balance Congress assembled,
personal care services under paragraph
of my time. SECTION 1. SHORT TITLE.
(7)(A).
Mr. SABLAN. Mr. Speaker, H.R. 7105, the This Act may be cited as the ‘‘Trans-
‘‘(13)(A) If the Secretary determines that a
Veterans Health Care and Benefits Improve- parency and Effective Accountability Meas-
veteran receiving services under the program
ures for Veteran Caregivers Act’’ or the
ment Act, includes my bill helping get more ‘‘TEAM Veteran Caregivers Act’’.
established under paragraph (1) is no longer
funding for operations and maintenance to lo- eligible for such program solely because of
SEC. 2. MODIFICATION OF ADMINISTRATION OF
cally-run, veterans cemeteries nationwide. CAREGIVER PROGRAMS OF DEPART- improvement in the condition of the vet-
My legislation, H.R. 5487, increases the MENT OF VETERANS AFFAIRS. eran—
amount the VA can grant for this purpose (a) FORMAL RECOGNITION OF CAREGIVERS.— ‘‘(i) the effective date of discharge of the
(1) REPORT.— veteran from the program shall be not ear-
each year from $5 million to $10 million. As lier than the date that is 60 days after the
more veterans choose to be buried close to (A) IN GENERAL.—Not later than 60 days
after the date of the enactment of this Act, date on which the Secretary provides notice
their home, more states, territories, and tribal of such lack of eligibility under paragraph
the Secretary shall submit to the Committee
governments are applying for funding from the on Veterans’ Affairs of the Senate and the (12)(A) to the relevant individuals described
VA to help cover the costs of operating and Committee on Veterans’ Affairs of the House in paragraph (12)(C); and
maintaining local veterans cemeteries. of Representatives a report regarding the ‘‘(ii) the Secretary shall extend benefits
And, while the list of applications grows, the feasibility and advisability of formally rec- under the program established under para-
amount the Department can award has not. ognizing all caregivers of veterans by identi- graph (1) for a family caregiver of the vet-
Under current law, no more than $5 million fying any caregiver of a veteran in the elec- eran described in paragraph (12)(C)(iii), in-
tronic health record of the veteran. cluding stipends under paragraph
can be awarded per year to meet the needs (3)(A)(ii)(V), if such an extension is deter-
of over 100 cemeteries. (B) CAREGIVERS RECOGNIZED.—The recogni-
tion of caregivers described in subparagraph mined appropriate by the Secretary, for a 90-
H.R. 5487, the Veterans Cemetery Grants day period following discharge of the veteran
(A) shall include recognition of —
Improvement Act updates that authorization by (i) any family caregiver who is approved as from the program.
a modest $5 million. The Act will help veteran a provider of personal care services for an el- ‘‘(B) This paragraph shall not be construed
cemeteries in every state, territory, and tribal igible veteran under the program of com- to limit the authority of the Secretary—
nation, remain the dignified and well-main- prehensive assistance for family caregivers ‘‘(i) to prescribe regulations addressing
tained resting places our veterans deserve. under subsection (a) of section 1720G of title other bases for—
I know in my own district, the Northern Mar- 38, United States Code; and ‘‘(I) the discharge of a veteran from the
(ii) any caregiver of a covered veteran par- program established under paragraph (1); or
iana Islands, the veterans cemetery, built with
ticipating in the program of general care- ‘‘(II) the revocation of the designation of a
federal funds, faces challenges in this respect. family caregiver of a veteran as a primary
giver support services under subsection (b) of
Veterans’ families have come to me for help provider of personal care services under
such section.
and this bill responds. (C) TIMELINE.—If the Secretary determines paragraph (7)(A); or
I know my co-sponsor, Representative that formally recognizing all caregivers of ‘‘(ii) to provide advance notice and ex-
STEIL, shares this concern for the Southern veterans as described in subparagraph (A) is tended benefits under the program, as appro-
Wisconsin Veterans Memorial Cemetery in his feasible and advisable, the report required by priate, if another basis for discharge of a vet-
district, as do other Members for the ceme- such subparagraph shall include a timeline eran described in subclause (I) of clause (i) or
teries that serve their constituents. for implementing such recognition. revocation of a designation described in sub-
And I know the members of this House are (2) IMPLEMENTATION.—If the Secretary de- clause (II) of such clause applies.’’.
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committed to honoring our nation’s veterans termines that formally recognizing all care- The SPEAKER pro tempore. Pursu-
and their families, who have sacrificed so givers of veterans as described in paragraph ant to the rule, the gentleman from
(1)(A) is feasible and advisable, the Secretary California (Mr. TAKANO) and the gen-
much to ensure our country remains safe and
shall implement such recognition in accord-
free. ance with the timeline included in the report
tleman from Tennessee (Mr. DAVID P.
I thank Chairman TAKANO and Senator required by such paragraph. ROE) each will control 20 minutes.
TESTER for all their support to include into H.R. (b) NOTIFICATIONS, EXTENSION OF BENEFITS, The Chair recognizes the gentleman
7105 this important measure. AND DISCHARGE FROM FAMILY CAREGIVER from California.
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