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Public Law 116–315 — Isakson and Roe Veterans Health Care and Benefits Improvement Act of 2020 (Jan. 5, 2021)

Summary

Public Law 116–315, dated January 5, 2021, is the Johnny Isakson and David P. Roe Veterans Health Care and Benefits Improvement Act of 2020. It is described as an Act to provide flexibility for the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency and to direct the Secretary of Veterans Affairs to carry out a retraining assistance program for unemployed veterans. Its table of contents lists titles on Education, Benefits, Health Care, Navy SEAL Bill Mulder, Deborah Sampson, Representation and Financial Exploitation Matters, and Other Matters. Subtitle B of Title I covers Pandemic Assistance.

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Congressional materials
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Plaw Plaw 116Publ315 Plaw 116Publ315
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Plaw Plaw 116Publ315 Plaw 116Publ315

Cite this document

“Public Law 116–315 — Isakson and Roe Veterans Health Care and Benefits Improvement Act of 2020 (Jan. 5, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plaw-plaw-116publ315-plaw-116publ315/, SHA-256 150880b526a03e1bc4f338964b4fb4e5ee7588772dd9c4bc29eeebc4db8ade9c.

Full text

                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021




                                                                        JOHNNY ISAKSON AND DAVID P. ROE, M.D.
                                                                         VETERANS HEALTH CARE AND BENEFITS
                                                                              IMPROVEMENT ACT OF 2020




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                                                                    134 STAT. 4932                             PUBLIC LAW 116–315—JAN. 5, 2021




                                                                                            Public Law 116–315
                                                                                            116th Congress
                                                                                                                                        An Act
                                                                                            To provide flexibility for the Secretary of Veterans Affairs in caring for homeless
                                                                       Jan. 5, 2021           veterans during a covered public health emergency, to direct the Secretary of
                                                                       [H.R. 7105]            Veterans Affairs to carry out a retraining assistance program for unemployed
                                                                                              veterans, and for other purposes.

                                                                                                Be it enacted by the Senate and House of Representatives of
                                                                    Johnny Isakson          the United States of America in Congress assembled,
                                                                    and David P.
                                                                    Roe, M.D.               SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
                                                                    Veterans Health              (a) SHORT TITLE.—This Act may be cited as the ‘‘Johnny Isakson
                                                                    Care and
                                                                    Benefits                and David P. Roe, M.D. Veterans Health Care and Benefits
                                                                    Improvement Act         Improvement Act of 2020’’.
                                                                    of 2020.                     (b) TABLE OF CONTENTS.—The table of contents for this Act
                                                                    38 USC 101 note.        is as follows:
                                                                                            Sec. 1. Short title; table of contents.
                                                                                            Sec. 2. Determination of budgetary effects.
                                                                                                                                TITLE I—EDUCATION
                                                                                                                       Subtitle A—Education Generally
                                                                                            Sec. 1001. Improvements to Edith Nourse Rogers STEM Scholarship program of
                                                                                                       Department of Veterans Affairs.
                                                                                            Sec. 1002. Expansion of eligibility for Fry Scholarship to children and spouses of
                                                                                                       certain deceased members of the Armed Forces.
                                                                                            Sec. 1003. Period for election to receive benefits under All-Volunteer Educational
                                                                                                       Assistance Program of Department of Veterans Affairs.
                                                                                            Sec. 1004. Phase out of All-Volunteer Educational Assistance Program.
                                                                                            Sec. 1005. Requirements for in-State tuition.
                                                                                            Sec. 1006. Expansion of authority for certain qualifying work-study activities for
                                                                                                       purposes of the educational assistance programs of the Department of
                                                                                                       Veterans Affairs to include outreach services provided through congres-
                                                                                                       sional offices.
                                                                                            Sec. 1007. Restoration of entitlement to rehabilitation programs for veterans af-
                                                                                                       fected by school closure or disapproval.
                                                                                            Sec. 1008. Technical correction to clarify eligibility for participation in Yellow Rib-
                                                                                                       bon Program of Department of Veterans Affairs.
                                                                                            Sec. 1009. Clarification of educational assistance for individuals who pursue an ap-
                                                                                                       proved program of education leading to a degree while on active duty.
                                                                                            Sec. 1010. Verification of enrollment for purposes of receipt of Post-9/11 Edu-
                                                                                                       cational Assistance benefits.
                                                                                            Sec. 1011. Clarification regarding the dependents to whom entitlement to edu-
                                                                                                       cational assistance may be transferred under the Post 9/11 Educational
                                                                                                       Assistance Program.
                                                                                            Sec. 1012. Expansion of reasons for which a course of education may be dis-
                                                                                                       approved.
                                                                                            Sec. 1013. Oversight of educational institutions with approved programs: risk-
                                                                                                       based surveys.
                                                                                            Sec. 1014. Oversight of educational institutions subject to Government action for
                                                                                                       purposes of the educational assistance programs of the Department of
                                                                                                       Veterans Affairs.
                                                                                            Sec. 1015. Additional requirement for approval of educational institutions for pur-




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                                                                                                       poses of the educational assistance programs of the Department of Vet-
                                                                                                       erans Affairs.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                              134 STAT. 4933
                                                                    Sec. 1016. Clarification of accreditation for law schools for purposes of the edu-
                                                                               cational assistance programs of the Department of Veterans Affairs.
                                                                    Sec. 1017. Clarification of grounds for disapproval of a course for purposes of the
                                                                               educational assistance programs of the Department of Veterans Affairs.
                                                                    Sec. 1018. Requirements for educational institutions participating in the edu-
                                                                               cational assistance programs of the Department of Veterans Affairs.
                                                                    Sec. 1019. Overpayments to eligible persons or veterans.
                                                                    Sec. 1020. Improvements to limitation on certain advertising, sales, and enrollment
                                                                               practices.
                                                                    Sec. 1021. Charge to entitlement to educational assistance for individuals who do
                                                                               not transfer credits from certain closed or disapproved programs of edu-
                                                                               cation.
                                                                    Sec. 1022. Department of Veterans Affairs treatment of for-profit educational insti-
                                                                               tutions converted to nonprofit educational institutions.
                                                                    Sec. 1023. Authority of State approving agencies to conduct outreach activities.
                                                                    Sec. 1024. Limitation on colocation and administration of State approving agencies.
                                                                    Sec. 1025. Elimination of period of eligibility for training and rehabilitation for cer-
                                                                               tain veterans with service-connected disabilities.
                                                                                              Subtitle B—Pandemic Assistance
                                                                    Sec. 1101. Definitions.
                                                                    Sec. 1102. Continuation of Department of Veterans Affairs educational assistance
                                                                               benefits during COVID–19 emergency.
                                                                    Sec. 1103. Effects of closure of educational institution and modification of courses
                                                                               by reason of COVID–19 emergency.
                                                                    Sec. 1104. Payment of educational assistance in cases of withdrawal.
                                                                    Sec. 1105. Modification of time limitations on use of entitlement.
                                                                    Sec. 1106. Apprenticeship or on-job training requirements.
                                                                    Sec. 1107. Inclusion of training establishments in certain provisions related to
                                                                               COVID–19 emergency.
                                                                    Sec. 1108. Treatment of payment of allowances under Student Veteran Coronavirus
                                                                               Response Act.
                                                                                                             TITLE II—BENEFITS
                                                                                               Subtitle A—Benefits Generally
                                                                    Sec. 2001. Revision of definition of Vietnam era for purposes of the laws adminis-
                                                                               tered by the Secretary of Veterans Affairs.
                                                                    Sec. 2002. Matters relating to Department of Veterans Affairs medical disability
                                                                               examinations.
                                                                    Sec. 2003. Medal of Honor special pension for surviving spouses.
                                                                    Sec. 2004. Modernization of service-disabled veterans insurance.
                                                                    Sec. 2005. Denial of claims for traumatic injury protection under Servicemembers’
                                                                               Group Life Insurance.
                                                                    Sec. 2006. Publication and acceptance of disability benefit questionnaire forms of
                                                                               Department of Veterans Affairs.
                                                                    Sec. 2007. Threshold for reporting debts to consumer reporting agencies.
                                                                    Sec. 2008. Removal of dependents from award of compensation or pension.
                                                                    Sec. 2009. Eligibility for dependency and indemnity compensation for surviving
                                                                               spouses who remarry after age 55.
                                                                    Sec. 2010. Study on exposure by members of the Armed Forces to toxicants at
                                                                               Karshi-Khanabad Air Base in Uzbekistan.
                                                                    Sec. 2011. Comptroller General briefing and report on repealing manifestation pe-
                                                                               riod for presumptions of service connection for certain diseases associ-
                                                                               ated with exposure to certain herbicide agents.
                                                                    Sec. 2012. Extension of authority of Secretary of Veterans Affairs to use income in-
                                                                               formation from other agencies.
                                                                    Sec. 2013. Extension on certain limits on payments of pension.
                                                                                                     Subtitle B—Housing
                                                                    Sec. 2101. Eligibility of certain members of the reserve components of the Armed
                                                                               Forces for home loans from the Secretary of Veterans Affairs.
                                                                    Sec. 2102. Reducing loan fees for certain veterans affected by major disasters.
                                                                    Sec. 2103. Extension of certain housing loan fees.
                                                                    Sec. 2104. Collection of overpayments of specially adapted housing assistance.
                                                                                                 Subtitle C—Burial Matters
                                                                    Sec. 2201. Transportation of deceased veterans to veterans’ cemeteries.
                                                                    Sec. 2202. Increase in certain funeral benefits under laws administered by the Sec-
                                                                               retary of Veterans Affairs.




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                                                                    Sec. 2203. Outer burial receptacles for each new grave in cemeteries that are the
                                                                               subjects of certain grants made by the Secretary of Veterans Affairs.




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                                                                    134 STAT. 4934                             PUBLIC LAW 116–315—JAN. 5, 2021
                                                                                            Sec. 2204. Provision of inscriptions for spouses and children on certain headstones
                                                                                                       and markers furnished by the Secretary of Veterans Affairs.
                                                                                            Sec. 2205. Aid to counties for establishment, expansion, and improvement of vet-
                                                                                                       erans’ cemeteries.
                                                                                            Sec. 2206. Increase in maximum amount of grants to States, counties, and tribal
                                                                                                       organizations for operating and maintaining veterans’ cemeteries.
                                                                                            Sec. 2207. Provision of urns and commemorative plaques for remains of certain vet-
                                                                                                       erans whose cremated remains are not interred in certain cemeteries.
                                                                                            Sec. 2208. Training of State and tribal veterans’ cemetery personnel by National
                                                                                                       Cemetery Administration.
                                                                                                                             TITLE III—HEALTH CARE
                                                                                                                      Subtitle A—Health Care Generally
                                                                                            Sec. 3001. Expansion of modifications to Veteran Directed Care program.
                                                                                            Sec. 3002. Prohibition on collection of a health care copayment by the Secretary of
                                                                                                       Veterans Affairs from a veteran who is a member of an Indian tribe.
                                                                                            Sec. 3003. Oversight for State homes regarding COVID–19 infections, response ca-
                                                                                                       pacity, and staffing levels.
                                                                                            Sec. 3004. Grants for State homes located on tribal lands.
                                                                                            Sec. 3005. Continuation of Women’s Health Transition Training program of Depart-
                                                                                                       ment of Veterans Affairs.
                                                                                            Sec. 3006. Authority for Secretary of Veterans Affairs to furnish medically nec-
                                                                                                       essary transportation for newborn children of certain women veterans.
                                                                                            Sec. 3007. Waiver of requirements of Department of Veterans Affairs for receipt of
                                                                                                       per diem payments for domiciliary care at State homes and modification
                                                                                                       of eligibility for such payments.
                                                                                            Sec. 3008. Expansion of quarterly update of information on staffing and vacancies
                                                                                                       at facilities of the Department of Veterans Affairs to include information
                                                                                                       on duration of hiring process.
                                                                                            Sec. 3009. Requirement for certain Department of Veterans Affairs medical facili-
                                                                                                       ties to have physical location for the disposal of controlled substances
                                                                                                       medications.
                                                                                            Sec. 3010. Department of Veterans Affairs pilot program for clinical observation by
                                                                                                       undergraduate students.
                                                                                                             Subtitle B—Scheduling and Consult Management
                                                                                            Sec. 3101. Process and requirements for scheduling appointments for health care
                                                                                                       from Department of Veterans Affairs and non-Department health care.
                                                                                            Sec. 3102. Audits regarding scheduling of appointments and management of con-
                                                                                                       sultations for health care from Department of Veterans Affairs and non-
                                                                                                       Department health care.
                                                                                            Sec. 3103. Administration of non-Department of Veterans Affairs health care.
                                                                                            Sec. 3104. Examination of health care consultation and scheduling positions of De-
                                                                                                       partment of Veterans Affairs.
                                                                                                                  TITLE IV—NAVY SEAL BILL MULDER
                                                                                            Sec. 4001. Short title.
                                                                                                              Subtitle A—Service-connection and COVID–19
                                                                                            Sec. 4101. Presumptions of service-connection for members of Armed Forces who
                                                                                                       contract Coronavirus Disease 2019 under certain circumstances.
                                                                                                               Subtitle B—Assistance for Homeless Veterans
                                                                                            Sec. 4201. Flexibility for the Secretary of Veterans Affairs in caring for homeless
                                                                                                       veterans during a covered public health emergency.
                                                                                            Sec. 4202. Legal services for homeless veterans and veterans at risk for homeless-
                                                                                                       ness.
                                                                                            Sec. 4203. Gap analysis of Department of Veterans Affairs programs that provide
                                                                                                       assistance to women veterans who are homeless.
                                                                                            Sec. 4204. Improvements to grants awarded by the Secretary of Veterans Affairs to
                                                                                                       entities that provide services to homeless veterans.
                                                                                            Sec. 4205. Repeal of sunset on authority to carry out program of referral and coun-
                                                                                                       seling services for veterans at risk for homelessness who are
                                                                                                       transitioning from certain institutions.
                                                                                            Sec. 4206. Coordination of case management services for veterans receiving hous-
                                                                                                       ing vouchers under Tribal Housing and Urban Development-Veterans
                                                                                                       Affairs Supportive Housing program.
                                                                                            Sec. 4207. Contracts relating to case managers for homeless veterans in supported
                                                                                                       housing program.




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                                                                                            Sec. 4208. Report on staffing of Department of Housing and Urban Development-
                                                                                                       Department of Veterans Affairs supported housing program.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4935
                                                                                      Subtitle C—Retraining Assistance for Veterans
                                                                    Sec. 4301. Access for the Secretaries of Labor and Veterans Affairs to the Federal
                                                                               directory of new hires.
                                                                    Sec. 4302. Expansion of eligible class of providers of high technology programs of
                                                                               education for veterans.
                                                                    Sec. 4303. Pilot program for off-base transition training for veterans and spouses.
                                                                    Sec. 4304. Grants for provision of transition assistance to members of the Armed
                                                                               Forces after separation, retirement, or discharge.
                                                                    Sec. 4305. One-year independent assessment of the effectiveness of Transition As-
                                                                               sistance Program.
                                                                    Sec. 4306. Longitudinal study on changes to Transition Assistance Program.
                                                                                                    TITLE V—DEBORAH SAMPSON
                                                                    Sec. 5001. Short title.
                                                                     Subtitle A—Improving Access for Women Veterans to the Department of Veterans
                                                                                                            Affairs
                                                                    Sec. 5101. Office of Women’s Health in Department of Veterans Affairs.
                                                                    Sec. 5102. Women veterans retrofit initiative.
                                                                    Sec. 5103. Establishment of environment of care standards and inspections at De-
                                                                               partment of Veterans Affairs medical centers.
                                                                    Sec. 5104. Provision of reintegration and readjustment services to veterans and
                                                                               family members in group retreat settings.
                                                                    Sec. 5105. Provision of legal services for women veterans.
                                                                    Sec. 5106. Comptroller General surveys and report on supportive services provided
                                                                               for very low-income women veterans.
                                                                    Sec. 5107. Programs on assistance for child care for certain veterans.
                                                                    Sec. 5108. Availability of prosthetics for women veterans from Department of Vet-
                                                                               erans Affairs.
                                                                    Sec. 5109. Requirement to improve Department of Veterans Affairs women vet-
                                                                               erans call center.
                                                                    Sec. 5110. Study on infertility services furnished at Department of Veterans Af-
                                                                               fairs.
                                                                    Sec. 5111. Sense of Congress on access to facilities of Department of Veterans Af-
                                                                               fairs by reservists for counseling and treatment relating to military sex-
                                                                               ual trauma.
                                                                                     Subtitle B—Increasing Staff Cultural Competency
                                                                    Sec. 5201. Staffing of women’s health primary care providers at medical facilities
                                                                               of Department of Veterans Affairs.
                                                                    Sec. 5202. Additional funding for primary care and emergency care clinicians in
                                                                               Women Veterans Health Care Mini-Residency Program.
                                                                    Sec. 5203. Establishment of women veteran training module for non-Department of
                                                                               Veterans Affairs health care providers.
                                                                    Sec. 5204. Study on staffing of women veteran program manager program at med-
                                                                               ical centers of Department of Veterans Affairs and training of staff.
                                                                    Sec. 5205. Study on Women Veteran Coordinator program.
                                                                    Sec. 5206. Staffing improvement plan for peer specialists of Department of Vet-
                                                                               erans Affairs who are women.
                                                                                     Subtitle C—Eliminating Harassment and Assault
                                                                    Sec. 5301. Expansion of coverage by Department of Veterans Affairs of counseling
                                                                               and treatment for sexual trauma.
                                                                    Sec. 5302. Assessment of effects of intimate partner violence on women veterans by
                                                                               Advisory Committee on Women Veterans.
                                                                    Sec. 5303. Anti-harassment and anti-sexual assault policy of Department of Vet-
                                                                               erans Affairs.
                                                                    Sec. 5304. Pilot program on assisting veterans who experience intimate partner vi-
                                                                               olence or sexual assault.
                                                                    Sec. 5305. Study and task force on veterans experiencing intimate partner violence
                                                                               or sexual assault.
                                                                                        Subtitle D—Data Collection and Reporting
                                                                    Sec. 5401. Requirement for collection and analysis of data on Department of Vet-
                                                                               erans Affairs benefits and services and disaggregation of such data by
                                                                               gender, race, and ethnicity.
                                                                    Sec. 5402. Study on barriers for women veterans to receipt of health care from De-
                                                                               partment of Veterans Affairs.




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                                                                    Sec. 5403. Study on feasibility and advisability of offering Parenting STAIR pro-
                                                                               gram at all medical centers of Department of Veterans Affairs.




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                                                                    134 STAT. 4936                             PUBLIC LAW 116–315—JAN. 5, 2021
                                                                                                                        Subtitle E—Benefits Matters
                                                                                            Sec. 5501. Evaluation of service-connection of mental health conditions relating to
                                                                                                       military sexual trauma.
                                                                                            Sec. 5502. Choice of sex of Department of Veterans Affairs medical examiner for as-
                                                                                                       sessment of claims for compensation relating to disability resulting from
                                                                                                       physical assault of a sexual nature, battery of a sexual nature, or sexual
                                                                                                       harassment.
                                                                                            Sec. 5503. Secretary of Veterans Affairs report on implementing recommendations
                                                                                                       of Inspector General of Department of Veterans Affairs in certain report
                                                                                                       on denied posttraumatic stress disorder claims related to military sexual
                                                                                                       trauma.
                                                                                             TITLE VI—REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS
                                                                                            Sec. 6001. Short title.
                                                                                            Sec. 6002. Plan to address the financial exploitation of veterans receiving pension
                                                                                                       from the Department of Veterans Affairs.
                                                                                            Sec. 6003. Overpayments of pension to veterans receiving pension from the Depart-
                                                                                                       ment of Veterans Affairs.
                                                                                            Sec. 6004. Evaluation of additional actions for verifying direct deposit information
                                                                                                       provided by veterans on applications for veterans pension.
                                                                                            Sec. 6005. Annual report on efforts of Department of Veterans Affairs to address
                                                                                                       the financial exploitation of veterans receiving pension.
                                                                                            Sec. 6006. Notice regarding fees charged in connection with filing an application for
                                                                                                       veterans pension.
                                                                                            Sec. 6007. Outreach plan for educating vulnerable veterans about potential finan-
                                                                                                       cial exploitation relating to the receipt of pension.
                                                                                                                           TITLE VII—OTHER MATTERS
                                                                                                               Subtitle A—Administrative and Other Matters
                                                                                            Sec. 7001. Medical examination protocol for volunteer drivers participating in pro-
                                                                                                       gram of transportation services for veterans.
                                                                                            Sec. 7002. Department of Veterans Affairs Advisory Committee on Tribal and In-
                                                                                                       dian Affairs.
                                                                                            Sec. 7003. Preference for offerors employing veterans.
                                                                                            Sec. 7004. Extension of certain employment and reemployment rights to members
                                                                                                       of the National Guard who perform State active duty.
                                                                                            Sec. 7005. Repayment of misused benefits.
                                                                                            Sec. 7006. Exemption of certain transfers.
                                                                                            Sec. 7007. Report and planned actions of the Secretary of Veterans Affairs to ad-
                                                                                                       dress certain high-risk areas of the Department of Veterans Affairs.
                                                                                            Sec. 7008. Annual report by Secretary of Veterans Affairs on implementation of pri-
                                                                                                       ority recommendations of Comptroller General of the United States per-
                                                                                                       taining to Department of Veterans Affairs.
                                                                                            Sec. 7009. Clarification of methods used to monitor compliance with certain limita-
                                                                                                       tions on subcontracting.
                                                                                            Sec. 7010. Department of Veterans Affairs requirement to provide certain notice to
                                                                                                       persons filing claims for damage, injury, or death on Standard Form 95.
                                                                                                Subtitle B—Matters Relating to the Chief Financial Officer of Department of
                                                                                                                              Veterans Affairs
                                                                                            Sec. 7101. Definitions.
                                                                                            Sec. 7102. Plans for addressing material weaknesses and providing sufficient au-
                                                                                                        thority to Chief Financial Officer of Department of Veterans Affairs.
                                                                                            Sec. 7103. Chief Financial Officer attestation.
                                                                                            Sec. 7104. Chief Financial Officer responsibility for subordinate chief financial offi-
                                                                                                        cers.
                                                                                                                  Subtitle C—Servicemembers Civil Relief
                                                                                            Sec. 7201. Clarification of delivery of notice of termination of leases of premises and
                                                                                                       motor vehicles for purposes of relief under Servicemembers Civil Relief
                                                                                                       Act.
                                                                                            Sec. 7202. Technical correction regarding extension of lease protections for
                                                                                                       servicemembers under stop movement orders in response to local, na-
                                                                                                       tional, or global emergency.
                                                                                            SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.




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




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4937

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

                                                                                             TITLE I—EDUCATION
                                                                                 Subtitle A—Education Generally
                                                                    SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS STEM SCHOL-
                                                                                 ARSHIP PROGRAM OF DEPARTMENT OF VETERANS
                                                                                 AFFAIRS.
                                                                         (a) CLARIFICATION AND EXPANSION OF ELIGIBILITY.—Subsection
                                                                    (b)(4) of section 3320 of title 38, United States Code, is amended—
                                                                               (1) in subparagraph (A)(i)—
                                                                                     (A) in the matter preceding subclause (I), by inserting
                                                                               ‘‘, or a dual degree program that includes such an under-
                                                                               graduate college degree,’’ after ‘‘undergraduate college
                                                                               degree’’;
                                                                                     (B) by striking subclause (IX); and
                                                                                     (C) by redesignating subclauses (X) and (XI) as sub-
                                                                               clauses (IX) and (X), respectively;
                                                                               (2) in subparagraph (B)—
                                                                                     (A) by inserting ‘‘covered clinical training program for
                                                                               health care professionals or a’’ before ‘‘program of edu-
                                                                               cation’’; and
                                                                                     (B) by striking the period at the end and inserting
                                                                               ‘‘; or’’; and
                                                                               (3) by adding at the end the following new subparagraph:
                                                                                     ‘‘(C) is an individual who has earned a graduate degree
                                                                               in a field referred to in subparagraph (A)(i) and is enrolled
                                                                               in a covered clinical training program for health care
                                                                               professionals.’’.
                                                                         (b) PRIORITY.—Subsection (c) of such section is amended to
                                                                    read as follows:
                                                                         ‘‘(c) PRIORITY.—(1) If the Secretary determines that there are                                   Determination.
                                                                    insufficient funds available in a fiscal year to provide additional
                                                                    benefits under this section to all eligible individuals, the Secretary
                                                                    may give priority to the following eligible individuals:
                                                                               ‘‘(A) Individuals who require the most credit hours
                                                                         described in subsection (b)(4).
                                                                               ‘‘(B) Individuals who are entitled to educational assistance
                                                                         under this chapter by reason of paragraph (1), (2), (8), or
                                                                         (9) of section 3311(b) of this title.
                                                                         ‘‘(2) The Secretary shall give priority to individuals under para-
                                                                    graph (1) in the following order:
                                                                               ‘‘(A) Individuals who are enrolled in a program of education
                                                                         leading to an undergraduate degree in a field referred to in
                                                                         subsection (b)(4)(A)(i).
                                                                               ‘‘(B) Individuals who are enrolled in a program of education
                                                                         leading to a teaching certificate.
                                                                               ‘‘(C) Individuals who are enrolled in a dual-degree program




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                                                                         leading to both an undergraduate and graduate degree in a
                                                                         field referred to in subsection (b)(4)(A)(i).




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                                                                    134 STAT. 4938                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                       ‘‘(D) Individuals who have earned an undergraduate degree
                                                                                                 and are enrolled in a covered clinical training program for
                                                                                                 health care professionals.
                                                                                                       ‘‘(E) Individuals who have earned a graduate degree and
                                                                                                 are enrolled in a covered clinical training program for health
                                                                                                 care professionals.’’.
                                                                                                 (c) AMOUNTS NOT SUBJECT TO CERTAIN LIMITATION.—Sub-
                                                                                            section (d) of such section is amended by adding at the end the
                                                                                            following new paragraph:
                                                                                                 ‘‘(4) Notwithstanding any other provision of this chapter or
                                                                                            chapter 36 of this title, any additional benefits under this section
                                                                                            may not be counted toward the aggregate period for which section
                                                                                            3695 of this title limits an individual’s receipt of allowance or
                                                                                            assistance.’’.
                                                                                                 (d) COVERED CLINICAL TRAINING PROGRAM DEFINED.—Such sec-
                                                                                            tion is further amended by adding at the end the following new
                                                                                            subsection:
                                                                                                 ‘‘(h) COVERED CLINICAL TRAINING PROGRAM DEFINED.—In this
                                                                                            section, the term ‘covered clinical training program’ means any
                                                                                            clinical training required by a health care professional to be licensed
                                                                                            to practice in a State or locality.’’.
                                                                                            SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO
                                                                                                        CHILDREN AND SPOUSES OF CERTAIN DECEASED MEM-
                                                                                                        BERS OF THE ARMED FORCES.
                                                                                                (a) IN GENERAL.—Subsection (b) of section 3311 of title 38,
                                                                                            United States Code, as amended by section 105 of the Harry W.
                                                                                            Colmery Veterans Educational Assistance Act of 2017 (Public Law
                                                                                            115–48), is further amended—
                                                                                                      (1) by redesignating paragraph (9) as paragraph (11); and
                                                                                                      (2) by inserting after paragraph (8) the following new para-
                                                                                                graphs (9) and (10):
                                                                                                      ‘‘(9) An individual who is the child or spouse of a person
                                                                                                who, on or after September 11, 2001, dies in line of duty
                                                                                                while serving on duty other than active duty as a member
                                                                                                of the Armed Forces.
                                                                                                      ‘‘(10) An individual who is the child or spouse of a member
                                                                                                of the Selected Reserve who dies on or after September 11,
                                                                                                2001, while a member of the Selected Reserve from a service-
                                                                                                connected disability.’’.
                                                                                                (b) CONFORMING AMENDMENTS.—Title 38, United States Code,
                                                                                            is amended as follows:
                                                                                                      (1) In section 3311(f), by striking ‘‘paragraph (8)’’ each
                                                                                                place it appears and inserting ‘‘paragraphs (8), (9), and (10)’’.
                                                                                                      (2) In section 3313(c)(1), by striking ‘‘(8), or (9)’’ and
                                                                                                inserting ‘‘(8), (9), (10), or (11)’’.
                                                                                                      (3) In section 3317(a), in the second sentence, by striking
                                                                                                ‘‘paragraphs (1), (2), (8), and (9)’’ and inserting ‘‘paragraphs
                                                                                                (1), (2), (8), (9), (10), and (11)’’.
                                                                                                      (4) In section 3320, as amended by section 1001 of this
                                                                                                title, in subsection (c)(1)(B), by striking ‘‘(8), or (9)’’ and
                                                                                                inserting ‘‘(8), (9), (10), or (11)’’.
                                                                                                      (5) In section 3322—
                                                                                                            (A) in subsection (e), by striking both ‘‘sections




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                                                                                                      3311(b)(8) and 3319’’ and inserting ‘‘section 3319 and para-
                                                                                                      graph (8), (9), or (10) of section 3311 of this title’’;




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4939

                                                                                  (B) in subsection (f), by striking ‘‘section 3311(b)(8)’’
                                                                             and inserting ‘‘paragraph (8), (9), or (10) of section 3311
                                                                             of this title’’; and
                                                                                  (C) in subsection (h)(2), by striking ‘‘either section
                                                                             3311(b)(8) or chapter 35’’ and inserting ‘‘either chapter
                                                                             35 or paragraph (8), (9), or (10) of section 3311’’.
                                                                        (c) APPLICABILITY DATE.—The amendments made by this sec-                                          Effective date.
                                                                    tion shall take effect immediately after the amendments made                                          38 USC 3311
                                                                    by section 105 of the Harry W. Colmery Veterans Educational                                           note.
                                                                    Assistance Act of 2017 (Public Law 115–48) take effect and shall
                                                                    apply with respect to a quarter, semester, or term, as applicable,
                                                                    commencing on or after August 1, 2021.
                                                                    SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL-
                                                                                 VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM OF
                                                                                 DEPARTMENT OF VETERANS AFFAIRS.
                                                                         (a) IN GENERAL.—Section 3011 of title 38, United States Code,
                                                                    is amended—
                                                                              (1) in subsection (c)(1), by striking ‘‘Any such election shall
                                                                         be made at the time the individual initially enters on active
                                                                         duty as a member of the Armed Forces’’ and inserting ‘‘Any
                                                                         such election shall be made during the 90-day period beginning
                                                                         on the day that is 180 days after the date on which the
                                                                         individual initially enters initial training’’; and
                                                                              (2) in subsection (b)(1), by striking ‘‘that such individual
                                                                         is entitled to such pay’’ and inserting ‘‘that begin after the
                                                                         date that is 270 days after the date on which the individual
                                                                         initially enters initial training’’.
                                                                         (b) EFFECTIVE DATE.—The amendments made by subsection                                            38 USC 3011
                                                                    (a) shall take effect on the date that is two years after the date                                    note.
                                                                    of the enactment of this Act.
                                                                    SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE                                          Time period.
                                                                                 PROGRAM.
                                                                         Subsection (a)(1)(A) of section 3011 of title 38, United States
                                                                    Code, is amended by striking ‘‘after June 30, 1985’’ and inserting
                                                                    ‘‘during the period beginning July 1, 1985, and ending September
                                                                    30, 2030’’.
                                                                    SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION.
                                                                        (a) IN GENERAL.—Section 3679(c) of title 38, United States
                                                                    Code, is amended—
                                                                             (1) in paragraph (2)(A), by striking ‘‘less than three years
                                                                        before the date of enrollment in the course concerned’’; and
                                                                             (2) in paragraph (4)—
                                                                                  (A) by striking ‘‘It shall’’ and inserting ‘‘(A) It shall’’;
                                                                             and
                                                                                  (B) by adding at the end the following new subpara-
                                                                             graph:
                                                                        ‘‘(B) To the extent feasible, the Secretary shall make publicly                                   Public
                                                                    available on the internet website of the Department a database                                        information.
                                                                    explaining any requirements described in subparagraph (A) that                                        Web posting.
                                                                                                                                                                          Database.
                                                                    are established by a public institution of higher learning for an
                                                                    individual to be charged tuition and fees at a rate that is equal
                                                                    to or less than the rate the institution charges for tuition and
                                                                    fees for residents of the State in which the institution is located.




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                                                                    The Secretary shall disapprove a course of education provided by
                                                                    such an institution that does not provide the Secretary—




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                                                                    134 STAT. 4940                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                     ‘‘(i) an initial explanation of such requirements; and
                                                                    Deadline.                        ‘‘(ii) not later than 90 days after the date on which any
                                                                                                such requirements change, the updated requirements.’’.
                                                                    38 USC 3679                 (b) APPLICATION.—The amendments made by this section shall
                                                                    note.                   apply with respect to a quarter, semester, or term, as applicable,
                                                                                            commencing on or after August 1, 2021.
                                                                                            SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING
                                                                                                        WORK-STUDY ACTIVITIES FOR PURPOSES OF THE EDU-
                                                                                                        CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT
                                                                                                        OF VETERANS AFFAIRS TO INCLUDE OUTREACH SERV-
                                                                                                        ICES PROVIDED THROUGH CONGRESSIONAL OFFICES.
                                                                                                (a) IN GENERAL.—Section 3485(a)(4) of title 38, United States
                                                                                            Code, is amended by adding at the end the following new subpara-
                                                                                            graph:
                                                                                                     ‘‘(K) The following activities carried out at the offices of
                                                                                                Members of Congress for such Members:
                                                                                                          ‘‘(i) The distribution of information to members of the
                                                                                                     Armed Forces, veterans, and their dependents about the
                                                                                                     benefits and services under laws administered by the Sec-
                                                                                                     retary and other appropriate governmental and nongovern-
                                                                                                     mental programs.
                                                                                                          ‘‘(ii) The preparation and processing of papers and
                                                                                                     other documents, including documents to assist in the
                                                                                                     preparation and presentation of claims for benefits under
                                                                                                     laws administered by the Secretary.’’.
                                                                    38 USC 3485                 (b) EFFECTIVE DATE.—The amendment made by subsection (a)
                                                                    note.                   shall take effect on August 1, 2021.
                                                                                            SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION PRO-
                                                                                                         GRAMS FOR VETERANS AFFECTED BY SCHOOL CLOSURE
                                                                                                         OR DISAPPROVAL.
                                                                                                (a) ENTITLEMENT.—Section 3699 of title 38, United States Code,
                                                                                            is amended by striking ‘‘chapter 30,’’ each time it appears and
                                                                                            inserting ‘‘chapter 30, 31,’’.
                                                                                                (b)     PAYMENT      OF     SUBSISTENCE        ALLOWANCES.—Section
                                                                                            3680(a)(2)(B) of title 38, United States Code, is amended—
                                                                                                     (1) by inserting ‘‘or a subsistence allowance described in
                                                                                                section 3108’’ before ‘‘, during’’; and
                                                                                                     (2) by inserting ‘‘or allowance’’ after ‘‘such a stipend’’.
                                                                    Repeal.                     (c) CONFORMING AMENDMENT.—Section 7 of the Student Vet-
                                                                                            eran Coronavirus Response Act of 2020 (134 Stat. 634; Public Law
                                                                    38 USC 3680             116–140) is hereby repealed.
                                                                    note, 3699 note.            (d) EFFECTIVE DATE.—The amendments made by this section
                                                                    38 USC 3680             shall apply as if included in the enactment of section 109 of the
                                                                    note.
                                                                                            Harry W. Colmery Veterans Educational Assistance Act of 2017
                                                                                            (Public Law 115–48; 131 Stat. 978).
                                                                                            SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGIBILITY FOR
                                                                                                        PARTICIPATION IN YELLOW RIBBON PROGRAM OF
                                                                                                        DEPARTMENT OF VETERANS AFFAIRS.
                                                                                                   Section 3317(a) of title 38, United States Code, is amended—
                                                                                                        (1) by striking ‘‘the full cost of established charges (as
                                                                                                   specified in section 3313)’’ and inserting ‘‘the full cost of tuition
                                                                                                   and fees for a program of education’’; and




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                                                                                                        (2) by striking ‘‘those established charges’’ and inserting
                                                                                                   ‘‘such tuition and fees’’.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4941
                                                                    SEC.      1009.    CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR
                                                                                       INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM OF
                                                                                       EDUCATION LEADING TO A DEGREE WHILE ON ACTIVE
                                                                                       DUTY.
                                                                         (a) IN GENERAL.—Section 3313(e) of title 38, United States
                                                                    Code, is amended—
                                                                               (1) in the heading, by inserting ‘‘FOR A PERIOD OF MORE
                                                                         THAN 30 DAYS’’ after ‘‘ACTIVE DUTY’’;
                                                                               (2) in paragraph (1), by inserting ‘‘for a period of more
                                                                         than 30 days’’ after ‘‘active duty’’; and
                                                                               (3) in paragraph (2), in the matter preceding subparagraph
                                                                         (A), by inserting ‘‘for a period of more than 30 days’’ after
                                                                         ‘‘active duty’’.
                                                                         (b) EFFECTIVE DATE.—The amendments made by subsection                                            38 USC 3313
                                                                    (a) shall take effect on August 1, 2022.                                                              note.

                                                                    SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF
                                                                               RECEIPT OF POST-9/11 EDUCATIONAL ASSISTANCE BENE-
                                                                               FITS.
                                                                         (a) IN GENERAL.—Section 3313 of title 38, United States Code,
                                                                    is amended by adding at the end the following new subsection:
                                                                         ‘‘(l) VERIFICATION OF ENROLLMENT.—(1) The Secretary shall                                        Requirements.
                                                                    require—
                                                                               ‘‘(A) each educational institution to submit to the Secretary                              Deadlines.
                                                                         verification of each individual who is enrolled in a course or                                   Determinations.
                                                                         program of education at the educational institution and is
                                                                         receiving educational assistance under this chapter—
                                                                                     ‘‘(i) not later than such time as the Secretary deter-
                                                                               mines reasonable after the date on which the individual
                                                                               is enrolled; and
                                                                                     ‘‘(ii) not later than such time as the Secretary deter-
                                                                               mines reasonable after the last date on which a student
                                                                               is able to withdraw from the course or program of education
                                                                               without penalty; and
                                                                               ‘‘(B) each individual who is enrolled in a course or program
                                                                         of education and is receiving educational assistance under this
                                                                         chapter to submit to the Secretary verification of such enroll-
                                                                         ment for each month during which the individual is so enrolled
                                                                         and receiving such educational assistance.
                                                                         ‘‘(2) Verification under this subsection shall be in an electronic
                                                                    form prescribed by the Secretary.
                                                                         ‘‘(3) If an individual fails to submit the verification required
                                                                    under paragraph (1)(B) for two consecutive months, the Secretary
                                                                    may not make a monthly stipend payment to the individual under
                                                                    this section until the individual submits such verification.’’.
                                                                         (b) EFFECTIVE DATE.—The amendment made by subsection (a)                                         38 USC 3313
                                                                    shall take effect on August 1, 2021.                                                                  note.

                                                                    SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM
                                                                                ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE
                                                                                TRANSFERRED UNDER THE POST 9/11 EDUCATIONAL
                                                                                ASSISTANCE PROGRAM.
                                                                       (a) IN GENERAL.—Section 3319(c) of title 38, United States
                                                                    Code, is amended to read as follows:
                                                                       ‘‘(c) ELIGIBLE DEPENDENTS.—




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                                                                             ‘‘(1) TRANSFER.—An individual approved to transfer an
                                                                       entitlement to educational assistance under this section may




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                                                                    134 STAT. 4942                              PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                 transfer the individual’s entitlement to an eligible dependent
                                                                                                 or a combination of eligible dependents.
                                                                                                      ‘‘(2) DEFINITION OF ELIGIBLE DEPENDENT.—For purposes
                                                                                                 of this subsection, the term ‘eligible dependent’ has the meaning
                                                                                                 given the term ‘dependent’ under subparagraphs (A), (I), and
                                                                                                 (D) of section 1072(2) of title 10.’’.
                                                                    38 USC 3319                  (b) APPLICABILITY.—The amendment made by subsection (a)
                                                                    note.                   shall apply with respect to educational assistance payable under
                                                                                            chapter 33 of title 38, United States Code, before, on, or after
                                                                                            the date that is 90 days after the date of the enactment of this
                                                                                            Act.
                                                                                            SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF EDU-
                                                                                                        CATION MAY BE DISAPPROVED.
                                                                                                 (a) IN GENERAL.—Section 3672(b)(2) of title 38, United States
                                                                                            Code, is amended—
                                                                                                      (1) in subparagraph (A)(i), by inserting or ‘‘or (D)’’ after
                                                                                                 ‘‘subparagraph (C)’’; and
                                                                                                      (2) by adding at the end the following new subparagraph:
                                                                                                 ‘‘(D) A program that is described in subparagraph (A)(i) of
                                                                                            this paragraph and offered by an educational institution that is
                                                                                            at risk of losing accreditation shall not be deemed to be approved
                                                                                            for purposes of this chapter. For purposes of this subparagraph,
                                                                                            an educational institution is at risk of losing accreditation if that
                                                                                            educational institution has received from the relevant accrediting
                                                                                            agency or association a notice described in section 3673(e)(2)(D)
                                                                                            of this title.’’.
                                                                    38 USC 3672                  (b) EFFECTIVE DATE.—The amendments made by subsection
                                                                    note.                   (a) shall take effect on August 1, 2021.
                                                                                            SEC.      1013.     OVERSIGHT OF EDUCATIONAL INSTITUTIONS                              WITH
                                                                                                               APPROVED PROGRAMS: RISK-BASED SURVEYS.
                                                                                                   (a) RISK-BASED SURVEYS.—
                                                                                                        (1) IN GENERAL.—Subchapter I of chapter 36, United States
                                                                                                   Code, is amended by inserting after section 3673 the following
                                                                                                   new section:
                                                                    38 USC 3673A.           ‘‘§ 3673A. Risk-based surveys
                                                                                                 ‘‘(a) DEVELOPMENT REQUIRED.—The Secretary, in partnership
                                                                                            with State approving agencies, shall develop a searchable risk-
                                                                                            based survey for oversight of educational institutions with courses
                                                                                            and programs of education approved under this chapter.
                                                                    Determination.               ‘‘(b) SCOPE.—(1) The scope of the risk-based survey developed
                                                                                            under subsection (a) shall be determined by the Secretary, in part-
                                                                                            nership with the State approving agency.
                                                                                                 ‘‘(2) At a minimum the scope determined under paragraph
                                                                                            (1) shall include the following:
                                                                                                       ‘‘(A) Rapid increase in veteran enrollment.
                                                                                                       ‘‘(B) Rapid increase in tuition and fees.
                                                                                                       ‘‘(C) Complaints tracked and published with the mechanism
                                                                                                 required by section 3698(b)(2) from students pursuing programs
                                                                                                 of education with educational assistance furnished under laws
                                                                                                 administered by the Secretary, based on severity or volume
                                                                                                 of the complaints.
                                                                                                       ‘‘(D) Compliance with section 3680A(d)(1) of this title.




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                                                                                                       ‘‘(E) Veteran completion rates.
                                                                                                       ‘‘(F) Indicators of financial stability.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4943

                                                                               ‘‘(G) Review of the advertising and recruiting practices                                   Review.
                                                                         of the educational institution, including those by third-party
                                                                         contractors of the educational institution.
                                                                               ‘‘(H) Matters for which the Federal Government or a State
                                                                         Government brings an action in a court of competent jurisdic-
                                                                         tion against an educational institution, including matters in
                                                                         cases in which the Federal Government or the State comes
                                                                         to a settled agreement on such matters outside of the court.
                                                                         ‘‘(c) DATABASE.—The Secretary, in partnership with the State
                                                                    approving agencies under this chapter, shall establish a database
                                                                    or use an existing system, as the Secretary considers appropriate,
                                                                    to serve as a central repository for information required for or
                                                                    collected during site visits for the risk-based survey developed under
                                                                    subsection (a), so as to improve future oversight of educational
                                                                    institutions with programs of education approved under this
                                                                    chapter.’’.
                                                                               (2) CLERICAL AMENDMENT.—The table of sections at the
                                                                         beginning of chapter 36 of such title is amended by inserting                                    38 USC 3670
                                                                         after the item relating to section 3673 the following new item:                                  prec.

                                                                    ‘‘3673A. Risk-based surveys.’’.
                                                                           (b) USE OF STATE APPROVING AGENCIES FOR OVERSIGHT ACTIVI-
                                                                    TIES.—
                                                                                (1) IN GENERAL.—Section 3673(d) of title 38, United States
                                                                           Code, is amended—
                                                                                     (A) by striking ‘‘may’’ and inserting ‘‘shall’’; and
                                                                                     (B) by striking ‘‘compliance and risk-based surveys’’
                                                                                and inserting ‘‘a risk-based survey developed under section
                                                                                3673A of this title’’.
                                                                                (2) EFFECTIVE DATE.—The amendment made by paragraph                                       38 USC 3673
                                                                           (1) shall take effect on October 1, 2022.                                                      note.

                                                                    SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO
                                                                                GOVERNMENT ACTION FOR PURPOSES OF THE EDU-
                                                                                CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT
                                                                                OF VETERANS AFFAIRS.
                                                                         (a) IN GENERAL.—Section 3673 of title 38, United States Code,
                                                                    is amended by adding at the end the following new subsection:
                                                                         ‘‘(e) NOTICE OF GOVERNMENT ACTION.—(1)(A) If the Secretary                                       Deadlines.
                                                                    receives notice described in paragraph (2), or otherwise becomes
                                                                    aware of an action or event described in paragraph (3), with respect
                                                                    to an educational institution, the Secretary shall transmit such
                                                                    notice or provide notice of such action or event to the State
                                                                    approving agency for the State where the educational institution
                                                                    is located by not later than 30 days after the date on which the
                                                                    Secretary receives such notice or becomes aware of such action
                                                                    or event.
                                                                         ‘‘(B) If a State approving agency receives notice as described
                                                                    in paragraph (2), or otherwise becomes aware of an action or event
                                                                    described in paragraph (3), with respect to an educational institu-
                                                                    tion, other than from the Secretary pursuant to subparagraph (A)
                                                                    of this paragraph, the State approving agency shall immediately
                                                                    notify the Secretary.
                                                                         ‘‘(C) Not later than 60 days after the date on which a State




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                                                                    approving agency receives notice under subparagraph (A), receives
                                                                    notice as described in subparagraph (B), or becomes aware as




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                                                                    134 STAT. 4944                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                            described in such subparagraph, as the case may be, regarding
                                                                                            an educational institution, such State approving agency shall—
                                                                                                       ‘‘(i) complete a risk-based survey of such educational
                                                                                                 institution; and
                                                                                                       ‘‘(ii) provide the Secretary with—
                                                                    Reports.                                  ‘‘(I) a complete report on the findings of the State
                                                                                                       approving agency with respect to the risk-based survey
                                                                                                       completed under clause (i) and any actions taken as a
                                                                                                       result of such findings; and
                                                                                                              ‘‘(II) any supporting documentation and pertinent
                                                                                                       records.
                                                                                                 ‘‘(2) Notice described in this paragraph is any of the following:
                                                                                                       ‘‘(A) Notice from the Secretary of Education of an event
                                                                                                 under paragraph (3)(A).
                                                                                                       ‘‘(B) Notice of an event under paragraph (3)(B).
                                                                                                       ‘‘(C) Notice from a State of an action taken by that State
                                                                                                 under paragraph (3)(C).
                                                                                                       ‘‘(D) Notice provided by an accrediting agency or association
                                                                                                 of an action described in paragraph (3)(D) taken by that agency
                                                                                                 or association.
                                                                                                       ‘‘(E) Notice that the Secretary of Education has placed
                                                                                                 the educational institution on provisional certification status.
                                                                                                 ‘‘(3) An action or event under this paragraph is any of the
                                                                                            following:
                                                                                                       ‘‘(A) The receipt by an educational institution of payments
                                                                                                 under the heightened cash monitoring level 2 payment method
                                                                                                 pursuant to section 487(c)(1)(B) of the Higher Education Act
                                                                                                 of 1965 (20 U.S.C. 1094).
                                                                                                       ‘‘(B) Punitive action taken by the Attorney General, the
                                                                                                 Federal Trade Commission, or any other Federal department
                                                                                                 or agency for misconduct or misleading marketing practices
                                                                                                 that would violate the standards defined by the Secretary of
                                                                                                 Veterans Affairs.
                                                                                                       ‘‘(C) Punitive action taken by a State against an educational
                                                                                                 institution.
                                                                                                       ‘‘(D) The loss, or risk of loss, by an educational institution
                                                                                                 of an accreditation from an accrediting agency or association,
                                                                                                 including notice of probation, suspension, an order to show
                                                                                                 cause relating to the educational institution’s academic policies
                                                                                                 and practices or to its financial stability, or revocation of
                                                                                                 accreditation.
                                                                                                       ‘‘(E) The placement of an educational institution on provi-
                                                                                                 sional certification status by the Secretary of Education.
                                                                                                 ‘‘(4) If a State approving agency disapproves or suspends an
                                                                                            educational institution, the State approving agency shall provide
                                                                                            notice of such disapproval or suspension to the Secretary and to
                                                                                            all other State approving agencies.
                                                                                                 ‘‘(5) This subsection shall be carried out using amounts made
                                                                                            available pursuant to section 3674(a)(4) of this title as long as
                                                                                            such amounts remain available.
                                                                                                 ‘‘(6) For each notice transmitted or provided to a State
                                                                                            approving agency under paragraph (1) with respect to an edu-
                                                                                            cational institution, the Secretary shall ensure the careful review
                                                                                            of—




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                                                                                                       ‘‘(A) to the extent possible, the action that gave rise to
                                                                                                 such notice; and




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4945

                                                                              ‘‘(B) any other action against the educational institution
                                                                        by any Federal or State government entity or by the educational
                                                                        institution’s accreditor.
                                                                        ‘‘(7) In this subsection, the term ‘risk-based survey’ means                                      Definition.
                                                                    the risk-based survey developed under section 3673A of this title.’’.
                                                                        (b) EFFECTIVE DATE.—The amendment made by subsection (a)                                          38 USC 3673
                                                                    shall take effect on August 1, 2021.                                                                  note.
                                                                    SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDU-
                                                                               CATIONAL INSTITUTIONS FOR PURPOSES OF THE EDU-
                                                                               CATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT
                                                                               OF VETERANS AFFAIRS.
                                                                         (a) IN GENERAL.—Section 3675 of title 38, United States Code,                                    Waivers.
                                                                    is amended—
                                                                               (1) in subsection (b), by adding at the end the following
                                                                         new paragraph:
                                                                               ‘‘(4) The educational institution is approved and partici-                                 Notice.
                                                                         pates in a program under title IV of the Higher Education
                                                                         Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has
                                                                         waived the requirement under this paragraph with respect
                                                                         to an educational institution and submits to the Committee
                                                                         on Veterans’ Affairs of the Senate and the Committee on Vet-
                                                                         erans’ Affairs of the House of Representatives notice of such
                                                                         waiver.’’.
                                                                               (2) by adding at the end the following new subsection:
                                                                         ‘‘(d)(1) The Secretary shall submit to Congress an annual report                                 Reports.
                                                                    on any waivers issued pursuant to subsection (b)(4) or section
                                                                    3672(b)(2)(A)(i) of this title.
                                                                         ‘‘(2) Each report submitted under paragraph (1) shall include,
                                                                    for the year covered by the report, the following:
                                                                               ‘‘(A) The name of each educational institution for which
                                                                         a waiver was issued.
                                                                               ‘‘(B) The justification for each such waiver.
                                                                               ‘‘(C) The total number of waivers issued.’’.
                                                                         (b) REQUIREMENT FOR APPROVAL OF STANDARD COLLEGE
                                                                    DEGREE PROGRAMS.—Clause (i) of section 3672(b)(2)(A) of such title                                    38 USC 3672.
                                                                    is amended to read as follows:
                                                                                     ‘‘(i) Except as provided in subparagraph (C) or (D),
                                                                               an accredited standard college degree program offered at
                                                                               a public or not-for-profit proprietary educational institution
                                                                               that—
                                                                                           ‘‘(I) is accredited by an agency or association recog-
                                                                                     nized for that purpose by the Secretary of Education;
                                                                                     and
                                                                                           ‘‘(II) is approved and participates in a program
                                                                                     under title IV of the Higher Education Act of 1965
                                                                                     (20 U.S.C. 1070 et seq.), unless the Secretary has
                                                                                     waived the requirement to participate in a program
                                                                                     under title IV of the Higher Education Act of 1965
                                                                                     (20 U.S.C. 1070 et seq.).’’.
                                                                         (c) EFFECTIVE DATE.—The amendments made by subsections                                           38 USC 3672
                                                                    (a) and (b) shall take effect on August 1, 2021.                                                      note.
                                                                    SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS
                                                                                FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE PRO-
                                                                                GRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.




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                                                                        (a) IN GENERAL.—Paragraphs (14)(B) and (15)(B) of section
                                                                    3676(c) of title 38, United States Code, are each amended—




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                                                                    134 STAT. 4946                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                      (1) by striking ‘‘an accrediting agency’’ both places it
                                                                                                 appears and inserting ‘‘a specialized accrediting agency for pro-
                                                                                                 grams of legal education’’; and
                                                                                                      (2) by inserting before the period the following: ‘‘, from
                                                                                                 which recipients of law degrees from such accredited programs
                                                                                                 are eligible to sit for a bar examination in any State’’.
                                                                    38 USC 3676                  (b) EFFECTIVE DATE.—The amendments made by subsection
                                                                    note.                   (a) shall take effect on August 1, 2021.
                                                                                            SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A
                                                                                                        COURSE FOR PURPOSES OF THE EDUCATIONAL ASSIST-
                                                                                                        ANCE PROGRAMS OF THE DEPARTMENT OF VETERANS
                                                                                                        AFFAIRS.
                                                                                                (a) IN GENERAL.—Section 3679 of title 38, United States Code,
                                                                                            is amended—
                                                                                                      (1) by inserting ‘‘(including failure to comply with a risk-
                                                                                                based survey under this chapter or secure an affirmation of
                                                                                                approval by the appropriate State approving agency following
                                                                                                the survey)’’ after ‘‘requirements of this chapter’’; and
                                                                                                      (2) by adding at the end the following new subsection:
                                                                    Definition.                 ‘‘(f) In this section, the term ‘risk-based survey’ means a risk-
                                                                                            based survey developed under section 3673A(a) of this title.’’.
                                                                    38 USC 3679                 (b) EFFECTIVE DATE.—The amendment made by subsection (a)
                                                                    note.                   shall take effect on August 1, 2021.
                                                                                            SEC.      1018.    REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS
                                                                                                              PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PRO-
                                                                                                              GRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.
                                                                                                 (a) IN GENERAL.—Section 3679 of title 38, United States Code,
                                                                                            as amended by section 1017 of this title, is further amended by
                                                                                            adding at the end the following new subsection:
                                                                    Determination.               ‘‘(f)(1) Except as provided by paragraph (5), a State approving
                                                                                            agency, or the Secretary when acting in the role of the State
                                                                                            approving agency, shall take an action described in paragraph
                                                                                            (4)(A) if the State approving agency or the Secretary, when acting
                                                                                            in the role of the State approving agency, determines that an
                                                                                            educational institution does not perform any of the following:
                                                                                                       ‘‘(A) Prior to the enrollment of a covered individual in
                                                                                                 a course of education at the educational institution, provide
                                                                                                 the individual with a form that contains information personal-
                                                                                                 ized to the individual that describes—
                                                                                                             ‘‘(i) the estimated total cost of the course, including
                                                                                                       tuition, fees, books, supplies, and any other additional costs;
                                                                                                             ‘‘(ii) an estimate of the cost for living expenses for
                                                                                                       students enrolled in the course;
                                                                                                             ‘‘(iii) the amount of the costs under clauses (i) and
                                                                                                       (ii) that are covered by the educational assistance provided
                                                                                                       to the individual under chapter 30, 31, 32, 33, or 35 of
                                                                                                       this title, or chapter 1606 or 1607 of title 10, as the case
                                                                                                       may be;
                                                                                                             ‘‘(iv) the type and amount of Federal financial aid
                                                                                                       not administered by the Secretary and financial aid offered
                                                                                                       by the institution that the individual may qualify to receive;
                                                                                                             ‘‘(v) an estimate of the amount of student loan debt
                                                                                                       the individual would have upon graduation;
                                                                                                             ‘‘(vi) information regarding graduation rates;




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                                                                                                             ‘‘(vii) job-placement rates for graduates of the course,
                                                                                                       if available;




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4947

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




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                                                                           to serve as a point of contact for covered individuals and the
                                                                           family of such individuals needing assistance with respect to




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                                                                    134 STAT. 4948                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                 academic counseling, financial counseling, disability counseling,
                                                                                                 and other information regarding completing a course of edu-
                                                                                                 cation at such institution, including by referring such individ-
                                                                                                 uals and family to the appropriate persons for such counseling
                                                                                                 and information.
                                                                    Determination.               ‘‘(2) Except as provided by paragraph (5), a State approving
                                                                                            agency, or the Secretary when acting in the role of the State
                                                                                            approving agency, shall take an action described in paragraph
                                                                                            (4)(A) if the State approving agency, the Secretary, or any Federal
                                                                                            agency, determines that an educational institution does any of
                                                                                            the following:
                                                                                                       ‘‘(A) Carries out deceptive or persistent recruiting tech-
                                                                                                 niques, including on military installations, that may include—
                                                                                                              ‘‘(i) misrepresentation (as defined in section
                                                                                                       3696(e)(2)(B) of this title) or payment of incentive com-
                                                                                                       pensation;
                                                                    Time period.                              ‘‘(ii) during any 1-month period making three or more
                                                                                                       unsolicited contacts to a covered individual, including con-
                                                                                                       tacts by phone, email, or in-person; or
                                                                                                              ‘‘(iii) engaging in same-day recruitment and registra-
                                                                                                       tion.
                                                                                                       ‘‘(B) Pays inducements, including any gratuity, favor, dis-
                                                                                                 count, entertainment, hospitality, loan, transportation, lodging,
                                                                                                 meals, or other item having a monetary value of more than
                                                                                                 a de minimis amount, to any individual or entity, or its agents
                                                                                                 including third party lead generators or marketing firms other
                                                                                                 than salaries paid to employees or fees paid to contractors
                                                                                                 in conformity with all applicable laws for the purpose of
                                                                                                 securing enrollments of covered individuals or obtaining access
                                                                                                 to educational assistance under this title, with the exception
                                                                                                 of scholarships, grants, and tuition reductions provided by the
                                                                                                 educational institution.
                                                                    Determination.               ‘‘(3) A State approving agency, or the Secretary when acting
                                                                                            in the role of the State approving agency, shall take an action
                                                                                            described in paragraph (4)(A) if the State approving agency or
                                                                                            the Secretary, when acting in the role of the State approving
                                                                                            agency, determines that an educational institution is the subject
                                                                                            of a negative action made by the accrediting agency that accredits
                                                                                            the institution, including any of the following:
                                                                                                       ‘‘(A) Accreditor sanctions.
                                                                                                       ‘‘(B) Accreditation probation.
                                                                                                       ‘‘(C) The loss of accreditation or candidacy for accreditation.
                                                                                                 ‘‘(4)(A) An action described in this subparagraph is any of
                                                                                            the following:
                                                                    Recommenda-                        ‘‘(i) Submitting to the Secretary a recommendation that
                                                                    tions.                       the Secretary publish a warning on the internet website of
                                                                    Web posting.
                                                                                                 the Department described in section 3698(c)(2) of this title,
                                                                                                 or such other similar internet website of the Department, that
                                                                                                 describes how an educational institution is failing to meet a
                                                                                                 requirement under paragraph (1), (2), or (3).
                                                                                                       ‘‘(ii) Disapproving a course for purposes of this chapter.
                                                                    Guidelines.                  ‘‘(B)(i) The Secretary shall establish guidelines to ensure that
                                                                                            the actions described in subparagraph (A) are applied in a propor-




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                                                                                            tional and uniform manner by State approving agencies, or the
                                                                                            Secretary when acting in the role of the State approving agency.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4949

                                                                         ‘‘(ii) Each State approving agency and the Secretary, when
                                                                    acting in the role of the State approving agency, shall adhere
                                                                    to the guidelines established under clause (i).
                                                                         ‘‘(C) The State approving agency, in consultation with the Sec-                                  Consultation.
                                                                    retary, or the Secretary when acting in the role of the State
                                                                    approving agency, may limit an action described in subparagraph
                                                                    (A)(ii) to individuals not enrolled at the educational institution
                                                                    before the period described in such subparagraph.
                                                                         ‘‘(5)(A) The Secretary may waive the requirements of paragraph                                   Waiver authority.
                                                                    (1) or waive the requirements of paragraph (2) with respect to                                        Time period.
                                                                    an educational institution for a 1-academic-year period beginning
                                                                    in August of the year in which the waiver is made. A single
                                                                    educational institution may not receive waivers under this para-
                                                                    graph for more than 2 consecutive academic years.
                                                                         ‘‘(B) To be considered for a waiver under this paragraph, an
                                                                    educational institution shall submit to the Secretary an application
                                                                    prior to the first day of the academic year for which the waiver
                                                                    is sought.
                                                                         ‘‘(6) Not later than October 1 of each year, the Secretary shall                                 Reports.
                                                                    submit to the Committee on Veterans’ Affairs of the Senate and
                                                                    the Committee on Veterans’ Affairs of the House of Representatives
                                                                    the following reports:
                                                                               ‘‘(A) A report, which shall be made publicly available, that                               Public
                                                                         includes the following:                                                                          information.
                                                                                                                                                                          Summaries.
                                                                                     ‘‘(i) A summary of each action described in paragraph
                                                                               (4)(A) made during the year covered by the report,
                                                                               including—
                                                                                            ‘‘(I) the name of the educational institution;
                                                                                            ‘‘(II) the type of action taken;
                                                                                            ‘‘(III) the rationale for the action, including how
                                                                                     the educational institution was not in compliance with
                                                                                     this subsection;
                                                                                            ‘‘(IV) the length of time that the educational
                                                                                     institution was not in such compliance; and
                                                                                            ‘‘(V) whether the educational institution was also                            Time period.
                                                                                     not in compliance with this subsection during any of
                                                                                     the 2 years prior to the year covered by the report.
                                                                                     ‘‘(ii) A summary and justifications for the waivers made
                                                                               under paragraph (5) during the year covered by the report,
                                                                               including the total number of waivers each educational
                                                                               institution has received.
                                                                               ‘‘(B) A report containing the recommendations of the Sec-                                  Recommenda-
                                                                         retary with respect to any legislative actions the Secretary                                     tions.
                                                                                                                                                                          Determination.
                                                                         determines appropriate to ensure that this subsection is carried
                                                                         out in a manner that is consistent with the requirements that
                                                                         educational institutions must meet for purposes of other depart-
                                                                         ments or agencies of the Federal Government.
                                                                         ‘‘(7) In this subsection, the term ‘covered individual’ means                                    Definition.
                                                                    an individual who is pursuing a course of education at an edu-
                                                                    cational institution under chapter 30, 31, 32, 33, or 35 of this
                                                                    title, or chapter 1606 or 1607 of title 10.’’.
                                                                         (b) APPLICATION DATE.—The amendment made by this section                                         Effective date.
                                                                    shall take effect on June 15, 2021, and shall apply to an educational                                 38 USC 3679
                                                                    institution beginning on August 1, 2021, except that an educational                                   note.
                                                                    institution may submit an application for a waiver under subsection




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                                                                    (f)(5) of section 3679 of title 38, United States Code, as added
                                                                    by subsection (a), beginning on June 15, 2021.




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                                                                    134 STAT. 4950                             PUBLIC LAW 116–315—JAN. 5, 2021
                                                                                            SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS.
                                                                                                 (a) IN GENERAL.—Subsection (b) of section 3685 of title 38,
                                                                                            United States Code, is amended to read as follows:
                                                                                                 ‘‘(b) Any overpayment to a veteran or eligible person with
                                                                                            respect to pursuit by the veteran or eligible person of a program
                                                                                            of education at an educational institution shall constitute a liability
                                                                                            of the educational institution to the United States if—
                                                                                                       ‘‘(1) the Secretary finds that the overpayment has been
                                                                                                 made as the result of—
                                                                                                             ‘‘(A) the willful or negligent failure of an educational
                                                                                                       institution to report, as required under this chapter or
                                                                                                       chapter 34 or 35 of this title, to the Department of Veterans
                                                                                                       Affairs excessive absences from a course, or discontinuance
                                                                                                       or interruption of a course by the veteran or eligible person;
                                                                                                       or
                                                                                                             ‘‘(B) the willful or negligent false certification by an
                                                                                                       educational institution; or
                                                                                                       ‘‘(2) the benefit payment sent to an educational institution
                                                                                                 on behalf of an eligible veteran or person is made pursuant
                                                                                                 to—
                                                                                                             ‘‘(A) section 3313(h) of this title;
                                                                                                             ‘‘(B) section 3317 of this title; or
                                                                                                             ‘‘(C) section 3680(d) of this title; or
                                                                                                             ‘‘(D) section 3320(d) of this title.’’.
                                                                                                 (b) CLARIFYING AMENDMENT.—Subsection (a) of such section
                                                                                            is further amended by inserting ‘‘relating to educational assistance
                                                                                            under a law administered by the Secretary’’ after ‘‘made to a veteran
                                                                                            or eligible person’’.
                                                                                            SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING,
                                                                                                         SALES, AND ENROLLMENT PRACTICES.
                                                                                                   (a) PROHIBITION ON SUBSTANTIAL MISREPRESENTATION.—
                                                                                                        (1) IN GENERAL.—Section 3696 of title 38, United States
                                                                                                   Code, is amended to read as follows:
                                                                                            ‘‘§ 3696. Prohibition on certain advertising, sales, and enroll-
                                                                                                          ment practices
                                                                                                 ‘‘(a) PROHIBITION ON ENGAGING IN SUBSTANTIAL MISREPRESEN-
                                                                                            TATION.—An educational institution with a course or program of
                                                                                            education approved under this chapter, and an entity that owns
                                                                                            such an educational institution, shall not engage in substantial
                                                                                            misrepresentation described in subsection (b).
                                                                                                 ‘‘(b)     SUBSTANTIAL       MISREPRESENTATION        DESCRIBED.—(1)
                                                                                            Substantial misrepresentation described in this paragraph is
                                                                                            substantial misrepresentation by an educational institution, a rep-
                                                                                            resentative of the institution, or any person with whom the institu-
                                                                                            tion has an agreement to provide educational programs, marketing,
                                                                                            advertising, recruiting or admissions services, concerning any of
                                                                                            the following:
                                                                                                       ‘‘(A) The nature of the educational program of the institu-
                                                                                                 tion, including misrepresentation regarding—
                                                                                                            ‘‘(i) the particular type, specific source, or nature and
                                                                                                       extent, of the accreditation of the institution or a course
                                                                                                       of education at the institution;




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                                                                                                            ‘‘(ii) whether a student may transfer course credits
                                                                                                       to another institution;




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4951

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




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                                                                                 the student is to be, or is, awarded upon completion of
                                                                                 the course of education; and




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                                                                    134 STAT. 4952                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                               ‘‘(xv) whether the degree that the institution will confer
                                                                                                         upon completion of the course of education has been author-
                                                                                                         ized by the appropriate State educational agency, including
                                                                                                         with respect to cases where the institution fails to disclose
                                                                                                         facts regarding the lack of such authorization in any adver-
                                                                                                         tising or promotional materials that reference such degree.
                                                                                                         ‘‘(B) The financial charges of the institution, including mis-
                                                                                                   representation regarding—
                                                                                                               ‘‘(i) offers of scholarships to pay all or part of a course
                                                                                                         charge;
                                                                                                               ‘‘(ii) whether a particular charge is the customary
                                                                                                         charge at the institution for a course;
                                                                                                               ‘‘(iii) the cost of the program and the refund policy
                                                                                                         of the institution if the student does not complete the
                                                                                                         program;
                                                                                                               ‘‘(iv) the availability or nature of any financial assist-
                                                                                                         ance offered to students, including a student’s responsibility
                                                                                                         to repay any loans, regardless of whether the student is
                                                                                                         successful in completing the program and obtaining employ-
                                                                                                         ment; and
                                                                                                               ‘‘(v) the student’s right to reject any particular type
                                                                                                         of financial aid or other assistance, or whether the student
                                                                                                         must apply for a particular type of financial aid, such
                                                                                                         as financing offered by the institution.
                                                                                                         ‘‘(C) The employability of the graduates of the institution,
                                                                                                   including misrepresentation regarding—
                                                                                                               ‘‘(i) the relationship of the institution with any
                                                                                                         organization, employment agency, or other agency pro-
                                                                                                         viding authorized training leading directly to employment;
                                                                                                               ‘‘(ii) the plans of the institution to maintain a place-
                                                                                                         ment service for graduates or otherwise assist graduates
                                                                                                         to obtain employment;
                                                                                                               ‘‘(iii) the knowledge of the institution about the current
                                                                                                         or likely future conditions, compensation, or employment
                                                                                                         opportunities in the industry or occupation for which the
                                                                                                         students are being prepared;
                                                                                                               ‘‘(iv) job market statistics maintained by the Federal
                                                                                                         Government in relation to the potential placement of the
                                                                                                         graduates of the institution; and
                                                                                                               ‘‘(v) other requirements that are generally needed to
                                                                                                         be employed in the fields for which the training is provided,
                                                                                                         such as requirements related to commercial driving licenses
                                                                                                         or permits to carry firearms, and failing to disclose factors
                                                                                                         that would prevent an applicant from qualifying for such
                                                                                                         requirements, such as prior criminal records or preexisting
                                                                                                         medical conditions.
                                                                    Definitions.                   ‘‘(2) In this subsection:
                                                                                                         ‘‘(A) The term ‘misleading statement’ includes any commu-
                                                                                                   nication, action, omission, or intimation made in writing, vis-
                                                                                                   ually, orally, or through other means, that has the likelihood
                                                                                                   or tendency to mislead the intended recipient of the communica-
                                                                                                   tion under the circumstances in which the communication is
                                                                                                   made. Such term includes the use of student endorsements
                                                                                                   or testimonials for an educational institution that a student
                                                                                                   gives to the institution either under duress or because the




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                                                                                                   institution required the student to make such an endorsement
                                                                                                   or testimonial to participate in a program of education.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4953

                                                                               ‘‘(B) The term ‘misrepresentation’ means any false, erro-
                                                                         neous, or misleading statement, action, omission, or intimation
                                                                         made directly or indirectly to a student, a prospective student,
                                                                         the public, an accrediting agency, a State agency, or to the
                                                                         Secretary by an eligible institution, one of its representatives,
                                                                         or any person with whom the institution has an agreement
                                                                         to provide educational programs, marketing, advertising,
                                                                         recruiting or admissions services.
                                                                               ‘‘(C) The term ‘substantial misrepresentation’ means mis-
                                                                         representation in which the person to whom it was made could
                                                                         reasonably be expected to rely, or has reasonably relied, to
                                                                         that person’s detriment.
                                                                         ‘‘(c) LIMITATION ON CERTAIN COMMISSIONS, BONUSES, AND
                                                                    OTHER INCENTIVE PAYMENTS.—An educational institution with a
                                                                    course or program of education approved under this chapter, and
                                                                    an entity that owns such an educational institution, shall not pro-
                                                                    vide any commission, bonus, or other incentive payment based
                                                                    directly or indirectly on success in securing enrollments or financial
                                                                    aid to any persons or entities engaged in any student recruiting
                                                                    or admission activities or in making decisions regarding the award
                                                                    of student financial assistance.
                                                                         ‘‘(d) REQUIREMENT TO MAINTAIN RECORDS.—(1) To ensure                                             Compliance.
                                                                    compliance with this section, any educational institution offering                                    Time period.
                                                                    courses approved for the enrollment of eligible persons or veterans
                                                                    shall maintain a complete record of all advertising, sales, or enroll-
                                                                    ment materials (and copies thereof) utilized by or on behalf of
                                                                    the institution during the preceding two-year period. Such record
                                                                    shall be available for inspection by the State approving agency
                                                                    or the Secretary.
                                                                         ‘‘(2) Such materials shall include but are not limited to any
                                                                    direct mail pieces, brochures, printed literature used by sales per-
                                                                    sons, films, video tapes, and audio tapes disseminated through
                                                                    broadcast media, material disseminated through print, digital, or
                                                                    electronic media, tear sheets, leaflets, handbills, fliers, and any
                                                                    sales or recruitment manuals used to instruct sales personnel,
                                                                    agents, or representatives of such institution.
                                                                         ‘‘(e) AGREEMENT WITH FEDERAL TRADE COMMISSION.—(1) The                                           Investigations.
                                                                    Secretary shall, pursuant to section 3694 of this title, enter into
                                                                    an agreement with the Federal Trade Commission to utilize, where
                                                                    appropriate, its services and facilities, consistent with its available
                                                                    resources, in carrying out investigations and making the Under
                                                                    Secretary of Benefit’s preliminary findings under subsection (g)(1).
                                                                         ‘‘(2) Such agreement shall provide that cases arising under
                                                                    subsection (a) of this section or any similar matters with respect
                                                                    to any of the requirements of this chapter or chapters 34 and
                                                                    35 of this title may be referred to the Federal Trade Commission
                                                                    which in its discretion will conduct an investigation and make
                                                                    preliminary findings.
                                                                         ‘‘(3) The findings and results of any investigation under para-                                  Deadline.
                                                                    graph (2) shall be referred to the Under Secretary for Benefits,
                                                                    who shall take appropriate action under subsection (g) in such
                                                                    cases not later than 60 days after the date of such referral.
                                                                         ‘‘(f) FINAL JUDGMENTS FROM OTHER FEDERAL AGENCIES.—                                              Deadlines.
                                                                    Whenever the Secretary becomes aware of a final judgment by
                                                                    a Federal agency against an educational institution or owner of




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                                                                    an educational institution pertaining to substantial misrepresenta-
                                                                    tion described in subsection (b) or of other credible evidence relating




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                                                                    134 STAT. 4954                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                            to a violation of subsection (a), the Secretary, in partnership with
                                                                                            the applicable State approving agency, shall—
                                                                                                        ‘‘(1) within 30 days, alert the educational institution or
                                                                                                  owner that it is at risk of losing approval under this chapter
                                                                                                  of its courses or programs of education;
                                                                                                        ‘‘(2) provide the educational institution or owner 60 days
                                                                                                  to provide any information it wishes to the Secretary;
                                                                    Requirement.                        ‘‘(3) require the educational institution or owner to submit
                                                                    Reports.                      to the Secretary a report prepared by an approved third-party
                                                                                                  auditor of the advertising and enrollment practices of the edu-
                                                                                                  cational institution or owner; and
                                                                                                        ‘‘(4) refer the matter to the Under Secretary of Benefits,
                                                                                                  who may thereafter make a preliminary finding under sub-
                                                                                                  section (g).
                                                                                                  ‘‘(g) PRELIMINARY FINDINGS, FINAL DETERMINATIONS, AND PROC-
                                                                                            ESSES.—(1) The Under Secretary for Benefits shall make prelimi-
                                                                                            nary findings and final determinations on violations of subsections
                                                                                            (a), (c), and (d).
                                                                                                  ‘‘(2)(A) The Under Secretary shall establish a process for making
                                                                                            preliminary findings and final determinations under paragraph (1).
                                                                                                  ‘‘(B) The process established under subparagraph (A) shall—
                                                                                                        ‘‘(i) clearly define what triggers an oversight visit by the
                                                                                                  Under Secretary for purposes of enforcing subsections (a), (c),
                                                                                                  and (d);
                                                                                                        ‘‘(ii) set forth factors an educational institution, or the
                                                                                                  owner of the educational institution, must meet in order to
                                                                                                  retain approval status under this section, including with respect
                                                                                                  to the factors set forth under subsection (h)(2);
                                                                                                        ‘‘(iii) include a process for the provision of notice to an
                                                                                                  educational institution, or the owner of the educational institu-
                                                                                                  tion, that the Under Secretary has made a preliminary finding
                                                                                                  under paragraph (1) that the education institution or owner
                                                                                                  has violated subsection (a), (c), or (d), which the Under Sec-
                                                                                                  retary shall provide to the educational institution or owner
                                                                                                  within such period after making the preliminary finding as
                                                                                                  the Under Secretary shall establish for purposes of this clause,
                                                                                                  except that, in every case, such period shall end before the
                                                                                                  date on which the Under Secretary makes a final determination
                                                                                                  under such paragraph; and
                                                                                                        ‘‘(iv) include—
                                                                                                               ‘‘(I) a process for receipt of findings from a third-party
                                                                                                        pertinent to this section; and
                                                                                                               ‘‘(II) a process for an educational institution or an
                                                                                                        owner to provide such information as the educational
                                                                                                        institution or owner determines appropriate to the Sec-
                                                                                                        retary, including information about corrective actions the
                                                                                                        educational institution or owner may have taken in
                                                                                                        response to preliminary findings under paragraph (1).
                                                                                                  ‘‘(C) The process established under subparagraph (A) shall not
                                                                                            prohibit a State approving agency from—
                                                                                                        ‘‘(i) independently investigating a potential violation of sub-
                                                                                                  section (a), (c), or (d); or
                                                                                                        ‘‘(ii) taking action if the State approving agency finds a
                                                                                                  violation of subsection (a), (c), or (d).
                                                                                                  ‘‘(3) Upon a preliminary finding under this subsection of a




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                                                                                            violation of subsection (a), (c), or (d) by an educational institution,
                                                                                            or the owner of an educational institution, the Under Secretary




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4955

                                                                    shall require the educational institution or owner to submit to
                                                                    the Under Secretary a report prepared by an approved third-party
                                                                    auditor of the advertising and enrollment practices of the edu-
                                                                    cational institution or owner.
                                                                         ‘‘(4)(A) Before making a final determination under this sub-                                     Reviews.
                                                                    section regarding a violation of subsection (a), (c), or (d) by an
                                                                    educational institution or owner of an educational institution, the
                                                                    Under Secretary shall—
                                                                               ‘‘(i) review the practices of the educational institution or
                                                                         owner that pertain to activities and practices covered by sub-
                                                                         sections (a), (c), and (d);
                                                                               ‘‘(ii) consider the results of a risk-based survey conducted
                                                                         by a State approving agency, if available; and
                                                                               ‘‘(iii) review—
                                                                                      ‘‘(I) the findings and information received pursuant
                                                                               to the processes established under paragraph (2)(B)(iii);
                                                                                      ‘‘(II) in a case in which a report was submitted under
                                                                               subsection (f)(3), such report;
                                                                                      ‘‘(III) the report submitted under paragraph (3)(B) of
                                                                               this subsection;
                                                                                      ‘‘(IV) any findings and results submitted under sub-
                                                                               section (e)(3);
                                                                                      ‘‘(V) the marketing and outreach material of the edu-
                                                                               cational institution and the contractors of the educational
                                                                               institution.
                                                                         ‘‘(B) The Under Secretary may not make a final determination
                                                                    under this subsection solely based on preliminary findings.
                                                                         ‘‘(5) The Under Secretary may not delegate authority to make
                                                                    a final determination under this subsection, including to any
                                                                    employee of the Department or to the Federal Trade Commission.
                                                                         ‘‘(h) ENFORCEMENT.—(1)(A) Upon a final determination by the                                      Determination.
                                                                    Under Secretary for Benefits under subsection (g) that an edu-
                                                                    cational institution or the owner of an educational institution vio-
                                                                    lated subsection (a), (c), or (d), the Under Secretary shall, but
                                                                    subject to subparagraphs (B), (C), and (D) of this paragraph, take
                                                                    one of the following actions independent of any actions taken under
                                                                    section 3690 of this title:
                                                                               ‘‘(i) Publish a caution flag on the GI Bill Comparison Tool,                               Publication.
                                                                         or successor tool, about that educational institution and alert
                                                                         its currently enrolled eligible veterans and eligible persons.
                                                                               ‘‘(ii) Suspend the approval of the courses and programs
                                                                         of education offered by the educational institution by dis-
                                                                         approving new enrollments of eligible veterans and eligible
                                                                         persons in each course or program of education offered by
                                                                         that educational institution.
                                                                               ‘‘(iii) Revoke the approval of the courses and programs
                                                                         of education offered by the educational institution by dis-
                                                                         approving all enrollments of eligible veterans and eligible per-
                                                                         sons in each course or program of education offered by that
                                                                         educational institution.
                                                                         ‘‘(B) In deciding upon a course of action under subparagraph
                                                                    (A), for the first violation of this section, the Secretary shall consider
                                                                    the factors set forth in paragraph (2).
                                                                         ‘‘(C) Subject to subsection (i), any repeat violation and final                                  Time period.




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                                                                    finding within five years of the first violation of this section shall
                                                                    result in—




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                                                                    134 STAT. 4956                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                       ‘‘(i) a suspension of approval of new enrollments as
                                                                                                 described in subparagraph (A)(ii) of this paragraph until
                                                                                                 reinstatement under subsection (j); or
                                                                                                       ‘‘(ii) a revocation of approval under this chapter as
                                                                                                 described in subparagraph (A)(iii) of this paragraph until
                                                                                                 reinstatement under subsection (j).
                                                                    Time period.                 ‘‘(D) Subject to subsection (i), any third violation within three
                                                                                            years of the second violation of this section shall result in revocation
                                                                                            of approval under this chapter as described in subparagraph (A)(iii)
                                                                                            of this paragraph until reinstatement under subsection (j).
                                                                    Deadline.                    ‘‘(E) Any action taken under subparagraph (A) of this paragraph
                                                                                            regarding a violation of subsection (a), (c), or (d) by an educational
                                                                                            institution or the owner of an educational institution shall be taken
                                                                                            on or before the date that is 180 days after the date on which
                                                                                            the Under Secretary provided notice to the educational institution
                                                                                            or owner regarding the violation in accordance with the process
                                                                                            established under subsection (g)(2)(B)(iii).
                                                                                                 ‘‘(2) The factors set forth in this paragraph are the following:
                                                                                                       ‘‘(A) That the Secretary’s action brings sufficient deterrence
                                                                                                 for future fraud against students and the programs of education
                                                                                                 carried out under this title. Fraud against veterans must be
                                                                                                 met with a repercussion strong enough to send a deterrent
                                                                                                 message to this and other educational institutions and owners.
                                                                                                       ‘‘(B) That the educational institution has secured an
                                                                                                 approved third-party auditor to verify the educational institu-
                                                                                                 tion’s, or owner’s, advertising and enrollment practices for at
                                                                                                 least three years going forward.
                                                                                                       ‘‘(C) That the educational institution or owner has repudi-
                                                                                                 ated the deceptive practices and has communicated to all
                                                                                                 employees that deceptive practices will not be tolerated, and
                                                                                                 has instituted strong governance procedures to prevent recur-
                                                                                                 rence.
                                                                                                       ‘‘(D) That the educational institution has taken steps to
                                                                                                 remove any pressure on its enrollment recruiters, including
                                                                                                 by removing enrollment quotas and incentives for enrollment.
                                                                                                       ‘‘(E) That the State approving agency or the Secretary
                                                                                                 acting in the role of the State approving agency, has completed
                                                                                                 a risk-based survey and determined the educational institution
                                                                                                 is worthy of serving eligible veterans and eligible persons.
                                                                                                 ‘‘(3) Enforcement action under this section shall not preclude
                                                                                            enforcement action under section 3690 of this title.
                                                                                                 ‘‘(4) No action may be carried out under this subsection with
                                                                                            respect to a final determination by the Under Secretary under
                                                                                            subsection (g) while such final determination is pending review
                                                                                            under subsection (i).
                                                                                                 ‘‘(i) APPEALS.—(1) The Secretary shall establish a process by
                                                                                            which an educational institution or the owner of an educational
                                                                                            institution that is the subject of more than one final determination
                                                                                            by the Under Secretary under subsection (g)(1) that the educational
                                                                                            institution or owner violated subsection (a), may request a review
                                                                                            of the most recent final determination.
                                                                                                 ‘‘(2)(A) The Secretary shall—
                                                                    Review.                            ‘‘(i) review each final determination for which a review
                                                                                                 is requested under paragraph (1); and




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                                                                                                       ‘‘(ii) pursuant to such review, issue a final decision sus-
                                                                                                 taining, modifying, or overturning the final determination.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4957

                                                                         ‘‘(B) The Secretary may not delegate any decision under
                                                                    subparagraph (A).
                                                                         ‘‘(C)(i) Review under subparagraph (A)(i) of this paragraph
                                                                    shall be the exclusive avenue for review of a final determination
                                                                    under subsection (g)(1).
                                                                         ‘‘(ii) A decision issued pursuant to a review under subparagraph
                                                                    (A)(i) may not be appealed to the Secretary for review under section
                                                                    7104(a) of this title.
                                                                         ‘‘(3)(A) Not later than 30 days after the date on which the                                      Reports.
                                                                    Secretary issues a final decision under paragraph (2)(A)(ii), the
                                                                    Secretary shall submit to Congress a report on such final decision.
                                                                         ‘‘(B) A report submitted under subparagraph (A) shall include
                                                                    the following:
                                                                                ‘‘(i) An outline of the decisionmaking process of the Sec-
                                                                         retary that led to the final decision described in subparagraph
                                                                         (A).
                                                                                ‘‘(ii) Any relevant material used to make the final decision                              Surveys.
                                                                         under paragraph (2)(A)(ii), including risk-based surveys and
                                                                         documentation from the educational institution or the owners
                                                                         of the educational institution.
                                                                                ‘‘(iii) Materials that were submitted to the Secretary after
                                                                         the date of the final determination under subsection (g) that
                                                                         was the subject of the final decision under paragraph (2)(A)(ii)
                                                                         of this subsection and before the date on which the Secretary
                                                                         issued such final decision.
                                                                         ‘‘(j) REINSTATEMENT OF APPROVAL.—(1) If an educational
                                                                    institution or the owner of an educational institution has had the
                                                                    approval of the courses or programs of education of the educational
                                                                    institution suspended as described in clause (ii) of subsection
                                                                    (h)(1)(A) or revoked as described in clause (iii) of such subsection
                                                                    for a violation of subsection (a), (c), or (d) pursuant to subparagraph
                                                                    (C) or (D) of subsection (h)(1), the educational institution or owner
                                                                    may submit to the applicable State approving agency or the Sec-
                                                                    retary when acting as a State approving agency an application
                                                                    for reinstatement of approval under this subsection.
                                                                         ‘‘(2) Approval under this chapter may not be reinstated under
                                                                    this subsection until—
                                                                                ‘‘(A) the educational institution or owner submits to the
                                                                         applicable State approving agency or the Secretary when acting
                                                                         as a State approving agency an application for reinstatement
                                                                         of approval under paragraph (1);
                                                                                ‘‘(B) the date that is 540 days after the date of the most                                Effective date.
                                                                         recent suspension or revocation described in paragraph (1) of
                                                                         the educational institution or owner;
                                                                                ‘‘(C) the educational institution submits a report by an                                  Reports.
                                                                         approved third-party auditor on the advertising and enrollment
                                                                         practices of the educational institution, including those of its
                                                                         third-party contractors;
                                                                                ‘‘(D) procedures are in place to prevent any future violation                             Procedures.
                                                                         of subsection (a), (c), or (d);
                                                                                ‘‘(E) that the educational institution has met all factors
                                                                         set forth in subsection (h)(2); and
                                                                                ‘‘(F) the Secretary agrees to such reinstatement.
                                                                         ‘‘(k) RULE OF CONSTRUCTION REGARDING STATE APPROVING




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                                                                    AGENCIES AND RISK-BASED SURVEYS.—Nothing in this section shall
                                                                    be construed to prohibit a State approving agency from conducting




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                                                                    134 STAT. 4958                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                            any risk-based survey the State approving agency considers appro-
                                                                                            priate at any educational institution that it considers appropriate
                                                                                            for oversight purposes.
                                                                                                 ‘‘(l) DEFINITIONS.—In this section:
                                                                                                       ‘‘(1) The term ‘approved third-party auditor’ means an inde-
                                                                                                 pendent third-party auditor that is approved by the Secretary
                                                                                                 for purposes of third-party audits under this section.
                                                                                                       ‘‘(2) The term ‘risk-based survey’ means the risk-based
                                                                                                 survey developed under section 3673A of this title.’’.
                                                                                                       (2) CLERICAL AMENDMENT.—The table of sections at the
                                                                    38 USC 3679                  beginning of chapter 36 of such title is amended by striking
                                                                    prec.                        the item relating to section 3696 and inserting the following
                                                                                                 new item:
                                                                                            ‘‘3696. Prohibition on certain advertising, sales, and enrollment practices.’’.
                                                                                                 (b) REQUIREMENTS FOR NONACCREDITED COURSES.—Paragraph
                                                                                            (10) of section 3676(c) of such title is amended to read as follows:
                                                                                                      ‘‘(10) The institution, and any entity that owns the institu-
                                                                                                 tion, does not engage in substantial misrepresentation described
                                                                                                 in section 3696(e) of this title. The institution shall not be
                                                                                                 deemed to have met this requirement until the State approving
                                                                                                 agency—
                                                                                                           ‘‘(A) has ascertained that no Federal department or
                                                                                                      agency has taken a punitive action, not including a settle-
                                                                                                      ment agreement, against the school for misleading or decep-
                                                                                                      tive practices;
                                                                                                           ‘‘(B) has, if such an order has been issued, given due
                                                                                                      weight to that fact; and
                                                                    Time period.                           ‘‘(C) has reviewed the complete record of advertising,
                                                                                                      sales, or enrollment materials (and copies thereof) used
                                                                                                      by or on behalf of the institution during the preceding
                                                                                                      12-month period.’’.
                                                                    38 USC 3676                  (c) APPLICATION DATE.—The amendments made by this section
                                                                    note.                   shall take effect on August 1, 2021.
                                                                                            SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE
                                                                                                        FOR INDIVIDUALS WHO DO NOT TRANSFER CREDITS
                                                                                                        FROM CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF
                                                                                                        EDUCATION.
                                                                                                 (a) IN GENERAL.—Subsection (c) of section 3699 of title 38,
                                                                                            United States Code, is amended to read as follows:
                                                                                                 ‘‘(c) PERIOD NOT CHARGED.—(1) The period for which, by reason
                                                                                            of this subsection, educational assistance is not charged against
                                                                                            entitlement or counted toward the applicable aggregate period
                                                                                            under section 3695 of this title shall not exceed the aggregate
                                                                                            of—
                                                                                                       ‘‘(A) the portion of the period of enrollment in the course
                                                                                                 from which the individual did not receive credit or with respect
                                                                                                 to which the individual lost training time, as determined under
                                                                                                 subsection (b)(2); and
                                                                                                       ‘‘(B) the period by which a monthly stipend is extended
                                                                                                 under section 3680(a)(2)(B) of this title.
                                                                                                 ‘‘(2)(A) An individual described in subparagraph (B) who trans-
                                                                                            fers fewer than 12 credits from a program of education that is
                                                                                            closed or disapproved as described in subsection (b)(1) shall be




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                                                                                            deemed to be an individual who did not receive such credits, as
                                                                                            described in subsection (b)(2), except that the period for which




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4959

                                                                    such individual’s entitlement is not charged shall be the entire
                                                                    period of the individual’s enrollment in the program of education.
                                                                    In carrying out this subparagraph, the Secretary, in consultation                                     Consultation.
                                                                    with the Secretary of Education, shall establish procedures to deter-                                 Procedures.
                                                                    mine whether the individual transferred credits to a comparable                                       Determination.
                                                                    course or program of education.
                                                                         ‘‘(B) An individual described in this subparagraph is an indi-
                                                                    vidual who is enrolled in a course or program of education closed
                                                                    or discontinued as described in subsection (b)(1) during the period
                                                                    beginning on the date that is 120 days before the date of such
                                                                    closure or discontinuance and ending on the date of such closure
                                                                    or discontinuance, as the case may be.
                                                                         ‘‘(C) This paragraph shall apply with respect to a course or                                     Applicability.
                                                                    program of education closed or discontinued before September 30,                                      Effective date.
                                                                    2023.’’.
                                                                         (b) EFFECTIVE DATE.—The amendment made by subsection (a)                                         38 USC 3699
                                                                    shall take effect on August 1, 2021.                                                                  note.
                                                                    SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF FOR-
                                                                                 PROFIT EDUCATIONAL INSTITUTIONS CONVERTED TO
                                                                                 NONPROFIT EDUCATIONAL INSTITUTIONS.
                                                                         (a) IN GENERAL.—Subchapter II of chapter 36 of title 38, United
                                                                    States Code, is amended by adding at the end the following new
                                                                    section:
                                                                    ‘‘§ 3699B. Treatment of certain for-profit educational institu-                                       38 USC 3699B.
                                                                                  tions
                                                                         ‘‘(a) IN GENERAL.—In the case of any for-profit educational                                      Surveys.
                                                                    institution that is converted to a nonprofit educational institution,                                 Time period.
                                                                    the State approving agency or the Secretary when acting as a
                                                                    State approving agency shall conduct annual risk-based surveys
                                                                    of the institution during the three-year period beginning on the
                                                                    date on which the educational institution is so converted.
                                                                         ‘‘(b) RISK-BASED SURVEY DEFINED.—In this section, the term
                                                                    ‘risk-based survey’ means the risk-based survey developed under
                                                                    section 3673A of this title.’’.
                                                                         (b) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    ning of such chapter is amended by inserting after the item relating                                  38 USC 3670
                                                                    to section 3699A the following new item:                                                              prec.

                                                                    ‘‘3699B. Treatment of certain for-profit educational institutions.’’.
                                                                         (c) APPLICABILITY.—Section 3699B of title 38, United States                                      38 USC 3699B
                                                                    Code, as added by subsection (a), shall apply with respect to the                                     note.
                                                                    conversion of a for-profit educational institution to a nonprofit edu-
                                                                    cational institution that occurs on or after the date of the enactment
                                                                    of this Act.
                                                                    SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT
                                                                                 OUTREACH ACTIVITIES.
                                                                         Section 3673 of title 38, United States Code, as amended by
                                                                    section 1014 of this title, is further amended by adding at the
                                                                    end the following new subsection:
                                                                         ‘‘(f) OUTREACH ACTIVITIES.—(1) A State approving agency may
                                                                    conduct outreach activities if—
                                                                               ‘‘(A) the State approving agency has properly conducted
                                                                         its enforcement and approval of courses and programs of edu-




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                                                                         cation under this chapter; and
                                                                               ‘‘(B) funds are still available to do so.




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                                                                    134 STAT. 4960                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                ‘‘(2) For purposes of paragraph (1)(A), a State approving agency
                                                                                            shall be considered to have properly conducted its enforcement
                                                                                            and approval of courses and programs of education under this
                                                                                            chapter if the State approving agency has—
                                                                                                      ‘‘(A) met fulfilled its requirements pursuant to the
                                                                                                applicable cooperative agreements between the State approving
                                                                                                agency and the Department relating to the oversight and
                                                                                                approval of courses and programs of education under this
                                                                                                chapter; and
                                                                    Surveys.                          ‘‘(B) completed a risk-based survey of any course or program
                                                                                                of education determined to be of questionable quality or at
                                                                                                risk by any Federal or State agency or any accrediting agency.
                                                                                                ‘‘(3) Outreach activities conducted under paragraph (1) shall
                                                                                            be carried out using amounts derived from amounts not specifically
                                                                                            appropriated to carry out this subsection.’’.
                                                                                            SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF
                                                                                                        STATE APPROVING AGENCIES.
                                                                                                (a) IN GENERAL.—Section 3671 of title 38, United States Code,
                                                                                            is amended by adding at the end the following new subsection:
                                                                                                ‘‘(c) A State department or agency may not be recognized as
                                                                                            a State approving agency designated under this section if such
                                                                                            State department or agency is administered at or colocated with
                                                                                            a university or university system whose courses or programs of
                                                                                            education would be subject to approval under this chapter by the
                                                                                            State approving agency in that State.’’.
                                                                    38 USC 3671                 (b) EFFECTIVE DATE.—The amendment made by subsection (a)
                                                                    note.                   shall take effect on the date that is 180 days after the date of
                                                                                            the enactment of this Act.
                                                                                            SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING
                                                                                                        AND REHABILITATION FOR CERTAIN VETERANS WITH
                                                                                                        SERVICE-CONNECTED DISABILITIES.
                                                                                                 (a) IN GENERAL.—Section 3103 of title 38, United States Code,
                                                                                            is amended—
                                                                                                        (1) in subsection (a), by striking ‘‘or (e)’’ and inserting
                                                                                                 ‘‘(e), or (g)’’; and
                                                                                                        (2) by adding at the end the following new subsection:
                                                                    Effective date.              ‘‘(g) Subsection (a) shall not apply to a veteran who was dis-
                                                                                            charged or released from active military, naval, or air service on
                                                                                            or after January 1, 2013.’’.
                                                                                                 (b) CONFORMING AMENDMENT.—Section 6(c) of the Student Vet-
                                                                                            eran Coronavirus Response Act of 2020 (134 Stat. 633; Public Law
                                                                                            116–140) is amended by striking paragraph (1).

                                                                                                        Subtitle B—Pandemic Assistance
                                                                    38 USC 3001             SEC. 1101. DEFINITIONS.
                                                                    note prec.
                                                                                                   In this subtitle:
                                                                                                        (1) COVERED PROGRAM OF EDUCATION.—The term ‘‘covered
                                                                                                   program of education’’ means a program of education (as defined
                                                                                                   in section 3002 of title 38, United States Code) approved by
                                                                                                   a State approving agency, or the Secretary of Veterans Affairs
                                                                                                   when acting in the role of a State approving agency.
                                                                                                        (2) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emer-




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                                                                                                   gency’’ means the public health emergency declared pursuant
                                                                                                   to section 319 of the Public Health Service Act on January




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4961

                                                                           31, 2020, entitled ‘‘Determination that a Public Health Emer-
                                                                           gency Exists Nationwide as the Result of the 2019 Novel
                                                                           Coronavirus’’.
                                                                                (3) EDUCATIONAL INSTITUTION.—The term ‘‘educational
                                                                           institution’’ has the meaning given that term in section 3452(c)
                                                                           of title 38, United States Code, and includes an institution
                                                                           of higher learning (as defined in such section).
                                                                                (4) STATE APPROVING AGENCY.—The term ‘‘State approving
                                                                           agency’’ has the meaning given that term in section 3671 of
                                                                           title 38, United States Code.
                                                                                (5) TRAINING ESTABLISHMENT.—The term ‘‘training
                                                                           establishment’’ has the meaning given that term in section
                                                                           3452(e) of title 38, United States Code.
                                                                                (6) TRAINING.—The term ‘‘training’’ includes on-job training
                                                                           and apprenticeship programs and vocational rehabilitation pro-
                                                                           grams.
                                                                    SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS
                                                                                EDUCATIONAL ASSISTANCE BENEFITS DURING COVID–19
                                                                                EMERGENCY.
                                                                         (a) AUTHORITY.—If the Secretary of Veterans Affairs determines                                   Determination.
                                                                    under subsection (c) that an individual is negatively affected by
                                                                    the COVID–19 emergency, the Secretary may provide educational
                                                                    assistance to that individual under the laws administered by the
                                                                    Secretary as if such negative effects did not occur. The authority                                    Time period.
                                                                    under this section is in addition to the authority provided under
                                                                    section 1 of Public Law 116–128 (38 U.S.C. 3001 note prec.), but
                                                                    in no case may the Secretary provide more than a total of four
                                                                    weeks of additional educational assistance by reason of section
                                                                    4 of the Student Veteran Coronavirus Response Act of 2020 (Public
                                                                    Law 116–140; 38 U.S.C. 3680 note) and this section.
                                                                         (b) HOUSING AND ALLOWANCES.—In providing educational                                             Time periods.
                                                                    assistance to an individual pursuant to subsection (a), the Secretary
                                                                    may—
                                                                              (1) continue to pay a monthly housing stipend under
                                                                         chapter 33 of title 38, United States Code, during a month
                                                                         the individual would have been enrolled in a program of edu-
                                                                         cation or training but for the COVID–19 emergency at the
                                                                         same rate such stipend would have been payable if the indi-
                                                                         vidual had not been negatively affected by the COVID–19 emer-
                                                                         gency, except that the total number of weeks for which stipends
                                                                         may continue to be so payable may not exceed four weeks;
                                                                         and
                                                                              (2) continue to pay payments or subsistence allowances
                                                                         under chapters 30, 31, 32, 33, and 35 of such title and chapter
                                                                         1606 of title 10, United States Code, during a month for a
                                                                         period of time that the individual would have been enrolled
                                                                         in a program of education or training but for the COVID–
                                                                         19 emergency, except that the total number of weeks for which
                                                                         payments or allowances may continue to be so payable may
                                                                         not exceed four weeks.
                                                                         (c) DETERMINATION OF NEGATIVE EFFECTS.—The Secretary shall
                                                                    determine that an individual was negatively affected by the COVID–
                                                                    19 emergency if—
                                                                              (1) the individual is enrolled in a covered program of edu-




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                                                                         cation of an educational institution or enrolled in training at
                                                                         a training establishment and is pursuing such program or




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                                                                    134 STAT. 4962                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                training using educational assistance under the laws adminis-
                                                                                                tered by the Secretary;
                                                                    Certification.                   (2) the educational institution or training establishment
                                                                                                certifies to the Secretary that such program or training is
                                                                                                truncated, delayed, relocated, canceled, partially canceled, con-
                                                                                                verted from being on-site to being offered by distance learning,
                                                                                                or otherwise modified or made unavailable by reason of the
                                                                                                COVID–19 emergency; and
                                                                                                     (3) the Secretary determines that the modification to such
                                                                                                program or training specified under paragraph (2) would reduce
                                                                                                the amount of educational assistance (including with respect
                                                                                                to monthly housing stipends, payments, or subsistence allow-
                                                                                                ances) that would be payable to the individual but for the
                                                                                                COVID–19 emergency.
                                                                                                (d) EFFECT ON ENTITLEMENT PERIOD.—If the Secretary deter-
                                                                                            mines that an individual who received assistance under this section
                                                                                            did not make progress toward the completion of the program of
                                                                                            education in which the individual is enrolled during the period
                                                                                            for which the individual received such assistance, any assistance
                                                                                            provided pursuant to this section shall not be counted for purposes
                                                                                            of determining the total amount of an individual’s entitlement to
                                                                                            educational assistance, housing stipends, or payments or subsist-
                                                                                            ence allowances under chapters 30, 31, 32, and 35 of such title
                                                                                            and chapter 1606 of title 10, United States Code.
                                                                                                (e) APPLICABILITY PERIOD.—This section shall apply during the
                                                                                            period beginning on March 1, 2020, and ending on December 21,
                                                                                            2021.
                                                                                            SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND
                                                                                                         MODIFICATION OF COURSES BY REASON OF COVID–19
                                                                                                         EMERGENCY.
                                                                                                 (a) CLOSURE OR DISAPPROVAL.—Any payment of educational
                                                                                            assistance described in subsection (b) shall not—
                                                                                                      (1) be charged against any entitlement to educational
                                                                                                 assistance of the individual concerned; or
                                                                                                      (2) be counted against the aggregate period for which sec-
                                                                                                 tion 3695 of title 38, United States Code, limits the receipt
                                                                                                 of educational assistance by such individual.
                                                                    Determination.               (b) EDUCATIONAL ASSISTANCE DESCRIBED.—Subject to sub-
                                                                                            section (d), the payment of educational assistance described in
                                                                                            this subsection is the payment of such assistance to an individual
                                                                                            for pursuit of a course or program of education at an educational
                                                                                            institution under chapter 30, 31, 32, 33, or 35 of title 38, United
                                                                                            States Code, or chapter 1606 of title 10, United States Code, if
                                                                                            the Secretary determines that the individual—
                                                                                                      (1) was unable to complete such course or program as
                                                                                                 a result of—
                                                                                                           (A) the closure of the educational institution, or the
                                                                                                      full or partial cancellation of a course or program of edu-
                                                                                                      cation, by reason of the COVID–19 emergency; or
                                                                                                           (B) the disapproval of the course or a course that
                                                                                                      is a necessary part of that program under chapter 36
                                                                                                      of title 38, United States Code, because the course was
                                                                                                      modified by reason of such emergency; and




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                                                                                                      (2) did not receive credit or lost training time, toward
                                                                                                 completion of the program of education being so pursued.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4963

                                                                         (c) HOUSING ASSISTANCE.—In this section, educational assist-
                                                                    ance includes, as applicable—
                                                                              (1) monthly housing stipends payable under chapter 33
                                                                         of title 38, United States Code, for any month the individual
                                                                         would have been enrolled in a course or program of education;
                                                                         and
                                                                              (2) payments or subsistence allowances under chapters 30,
                                                                         31, 32, and 35 of such title and chapter 1606 of title 10,
                                                                         United States Code, during a month the individual would have
                                                                         been enrolled in a course or program of education.
                                                                         (d) PERIOD NOT CHARGED.—The period for which, by reason
                                                                    of this subsection, educational assistance is not charged against
                                                                    entitlement or counted toward the applicable aggregate period
                                                                    under section 3695 of title 38, United States Code, shall not exceed
                                                                    the aggregate of—
                                                                              (1) the portion of the period of enrollment in the course
                                                                         from which the individual did not receive credit or with respect
                                                                         to which the individual lost training time, as determined under
                                                                         subsection (b)(2); and
                                                                              (2) the period by which a monthly stipend is extended
                                                                         under section 3680(a)(2)(B) of title 38, United States Code.
                                                                         (e) CONTINUING PURSUIT OF DISAPPROVED COURSES.—
                                                                              (1) IN GENERAL.—The Secretary may treat a course of edu-                                    Determination.
                                                                         cation that is disapproved under chapter 36 of title 38, United
                                                                         States Code, as being approved under such chapter with respect
                                                                         to an individual described in paragraph (2) if the Secretary
                                                                         determines, on a programmatic basis, that—
                                                                                   (A) such disapproval is the result of an action described
                                                                              in subsection (b)(1)(B); and
                                                                                   (B) continuing pursuing such course is in the best
                                                                              interest of the individual.
                                                                              (2) INDIVIDUAL DESCRIBED.—An individual described in this
                                                                         paragraph is an individual who is pursuing a course of edu-
                                                                         cation at an educational institution under chapter 30, 31, 32,
                                                                         33, or 35 of title 38, United States Code, or chapter 1606
                                                                         of title 10, United States Code, as of the date on which the
                                                                         course is disapproved as described in subsection (b)(1)(B).
                                                                         (f) STATUS AS FULL-TIME STUDENT FOR PURPOSES OF HOUSING
                                                                    STIPEND CALCULATION.—In the case of an individual who, as of
                                                                    the first day of the COVID–19 emergency was enrolled on a full-
                                                                    time basis in a program of education and was receiving educational
                                                                    assistance under chapter 33 of title 38, United States Code, or
                                                                    subsistence allowance under chapter 31 of such title, and for whom
                                                                    the Secretary makes a determination under subsection (b), the
                                                                    individual shall be treated as an individual enrolled in a program
                                                                    of education on a full-time basis for the purpose of calculating
                                                                    monthly housing stipends payable under chapter 33 of title 38,
                                                                    United States Code, or subsistence allowance payable under chapter
                                                                    31 of such title, for any month the individual is enrolled in the
                                                                    program of education on a part-time basis to complete any course
                                                                    of education that was partially or fully canceled by reason of the
                                                                    COVID–19 emergency.
                                                                         (g) NOTICE OF CLOSURES.—Not later than 5 business days                                           Deadline.
                                                                    after the date on which the Secretary receives notice that an edu-
                                                                    cational institution will close or is closed by reason of the COVID–




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                                                                    19 emergency, the Secretary shall provide to each individual who
                                                                    is enrolled in a course or program of education at such educational




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                                                                    134 STAT. 4964                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                            institution using entitlement to educational assistance under
                                                                                            chapter 30, 31, 32, 33, or 35 of title 38, United States Code,
                                                                                            or chapter 1606 of title 10, United States Code, notice of—
                                                                                                      (1) such closure and the date of such closure; and
                                                                                                      (2) the effect of such closure on the individual’s entitlement
                                                                                                 to educational assistance pursuant to this section.
                                                                    Time period.                 (h) APPLICABILITY.—This section shall apply with respect to
                                                                                            the closure of an educational institution, or the cancellation or
                                                                                            modification of a course or program of education, that occurs during
                                                                                            the period beginning on March 1, 2020, and ending on December
                                                                                            21, 2021.
                                                                                            SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF
                                                                                                        WITHDRAWAL.
                                                                    Time period.                 (a) IN GENERAL.—In the case of any individual who withdraws
                                                                                            from a program of education or training, other than a program
                                                                                            by correspondence, in an educational institution under chapter 31,
                                                                                            34, or 35 of title 38, United States Code, for a covered reason
                                                                                            during the period beginning on March 1, 2020, and ending on
                                                                                            December 21, 2021, the Secretary of Veterans Affairs shall find
                                                                                            mitigating circumstances for purposes of section 3680(a)(1)(C)(ii)
                                                                                            of title 38, United States Code.
                                                                    Definition.                  (b) COVERED REASON.—In this section, the term ‘‘covered rea-
                                                                                            son’’ means any reason related to the COVID–19 emergency,
                                                                                            including—
                                                                                                      (1) illness, quarantine, or social distancing requirements;
                                                                                                      (2) issues associated with COVID–19 testing accessibility;
                                                                                                      (3) access or availability of childcare;
                                                                                                      (4) providing care for a family member or cohabitants;
                                                                                                      (5) change of location or residence due to COVID–19 or
                                                                                                 associated school closures;
                                                                                                      (6) employment changes or financial hardship; and
                                                                                                      (7) issues associated with changes in format or medium
                                                                                                 of instruction.
                                                                                            SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE OF ENTITLE-
                                                                                                        MENT.
                                                                                                 (a) MONTGOMERY GI BILL.—The subsection (i) temporarily
                                                                                            added to section 3031 of title 38, United States Code, by subsection
                                                                                            (a) of section 6 of the Student Veteran Coronavirus Response Act
                                                                    Ante, p. 632.           of 2020 (Public Law 116–140) is amended—
                                                                    Time period.                      (1) in paragraph (1), by striking ‘‘the period the individual
                                                                                                 is so prevented from pursuing such program’’ and inserting
                                                                                                 ‘‘the period beginning on March 1, 2020, and ending on
                                                                                                 December 21, 2021’’; and
                                                                                                      (2) in paragraph (2), by striking ‘‘the first day after the
                                                                                                 individual is able to resume pursuit of a program of education
                                                                                                 with educational assistance under this chapter’’ and inserting
                                                                                                 ‘‘December 22, 2021’’.
                                                                                                 (b) VOCATIONAL REHABILITATION AND TRAINING.—The sub-
                                                                                            section (g) temporarily added to section 3103 of title 38, United
                                                                    Ante, p. 633.           States Code, by subsection (c) of such section 6 is amended—
                                                                    Time period.                      (1) in paragraph (1), by striking ‘‘the period the individual
                                                                                                 is so prevented from participating such program’’ and inserting




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                                                                                                 ‘‘the period beginning on March 1, 2020, and ending on
                                                                                                 December 21, 2021’’; and




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4965

                                                                               (2) in paragraph (2), by striking ‘‘the first day after the
                                                                           individual is able to resume participation in such program’’
                                                                           and inserting ‘‘December 22, 2021’’.
                                                                    SEC. 1106. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.                                            38 USC 3687
                                                                                                                                                                          note.
                                                                         (a) IN GENERAL.—During the period described in subsection                                        Applicability.
                                                                    (b), subsection (e) of section 3687 of title 38, United States Code,
                                                                    shall be applied by substituting the following for paragraph (2):
                                                                              ‘‘(2)(A) Subject to subparagraphs (B) and (C), for any month
                                                                         in which an individual fails to complete 120 hours of training,
                                                                         the entitlement otherwise chargeable under paragraph (1) shall
                                                                         be reduced in the same proportion as the monthly training
                                                                         assistance allowance payable is reduced under subsection (b)(3).
                                                                              ‘‘(B) In the case of an individual who is unemployed during
                                                                         any month, the 120-hour requirement under subparagraph (A)
                                                                         for that month shall be reduced proportionately to reflect the
                                                                         individual’s period of unemployment, except that the amount
                                                                         of monthly training assistance otherwise payable to the indi-
                                                                         vidual under subsection (b)(3) shall not be reduced.
                                                                              ‘‘(C) Any period during which an individual is unemployed
                                                                         shall not—
                                                                                    ‘‘(i) be charged against any entitlement to educational
                                                                              assistance of the individual; or
                                                                                    ‘‘(ii) be counted against the aggregate period for which
                                                                              section 3695 of this title limits the receipt of educational
                                                                              assistance by such individual.
                                                                              ‘‘(D) Any amount by which the entitlement of an individual
                                                                         is reduced under subparagraph (A) shall not—
                                                                                    ‘‘(i) be charged against any entitlement to educational
                                                                              assistance of the individual; or
                                                                                    ‘‘(ii) be counted against the aggregate period for which
                                                                              section 3695 of this title limits the receipt of educational
                                                                              assistance by such individual.
                                                                              ‘‘(E) In the case of an individual who fails to complete
                                                                         120 hours of training during a month, but who completed
                                                                         more than 120 hours of training during the preceding month,
                                                                         the individual may apply the number of hours in excess of
                                                                         120 that the individual completed for that month to the month
                                                                         for which the individual failed to complete 120 hours. If the
                                                                         addition of such excess hours results in a total of 120 hours
                                                                         or more, the individual shall be treated as an individual who
                                                                         has completed 120 hours of training for that month. Any excess                                   Applicability.
                                                                         hours applied to a different month under this subparagraph
                                                                         may only be applied to one such month.
                                                                              ‘‘(F) This paragraph applies to amounts described in section                                Applicability.
                                                                         3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section
                                                                         16131(d)(2) of title 10.
                                                                              ‘‘(G) In this paragraph:                                                                    Definitions.
                                                                                    ‘‘(i) The term ‘unemployed’ includes being furloughed
                                                                              or being scheduled to work zero hours.
                                                                                    ‘‘(ii) The term ‘fails to complete 120 hours of training’
                                                                              means, with respect to an individual, that during any
                                                                              month, the individual completes at least one hour, but
                                                                              fewer than 120 hours, of training, including in a case




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                                                                              in which the individual is unemployed for part of, but
                                                                              not the whole, month.’’.




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                                                                    134 STAT. 4966                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                 (b) APPLICABILITY PERIOD.—The period described in this section
                                                                                            is the period beginning on March 1, 2020, and ending on December
                                                                                            21, 2021.
                                                                                            SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN
                                                                                                        PROVISIONS RELATED TO COVID–19 EMERGENCY.
                                                                                                 (a) CONTINUATION OF BENEFITS.—Section 1 of Public Law 116–
                                                                    Ante, p. 221.           128 is amended—
                                                                                                      (1) in subsection (a), by inserting ‘‘or a training establish-
                                                                                                 ment’’ after ‘‘an educational institution’’; and
                                                                                                      (2) in subsection (c), by adding at the end the following
                                                                                                 new paragraph:
                                                                    Definition.                       ‘‘(4) TRAINING ESTABLISHMENT.—The term ‘training
                                                                                                 establishment’ has the meaning given such term in section
                                                                                                 3452(e) of title 38, United States Code.’’.
                                                                                                 (b) PAYMENT OF ALLOWANCES.—Section 4(a)(1) of the Student
                                                                                            Veteran Coronavirus Response Act of 2020 (Public Law 116–140;
                                                                                            38 U.S.C. 3680 note) is amended by inserting ‘‘or a training
                                                                                            establishment’’ after ‘‘educational institution’’.
                                                                    38 USC 3699                  (c) PROHIBITION OF CHARGE TO ENTITLEMENT.—The subpara-
                                                                    note.                   graph (C) temporarily added to section 3699(b)(1) of title 38, United
                                                                                            States Code, by section 5 of the Student Veteran Coronavirus
                                                                                            Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3699 note)
                                                                                            is amended by inserting ‘‘or training establishment’’ after ‘‘edu-
                                                                                            cational institution’’.
                                                                                                 (d) EXTENSION OF TIME LIMITATIONS.—
                                                                                                      (1) MGIB.—The subsection (i) temporarily added to section
                                                                                                 3031 of title 38, United States Code, by subsection (a) of section
                                                                                                 6 of the Student Veteran Coronavirus Response Act of 2020
                                                                                                 (Public Law 116–140), as amended by section 1105 of this
                                                                    Ante, p. 632.                title, is further amended by inserting ‘‘or training establish-
                                                                                                 ment’’ after ‘‘educational institution’’.
                                                                                                      (2) TRANSFER PERIOD.—The subparagraph (C) temporarily
                                                                                                 added to section 3319(h)(5) of such title by section 6 of the
                                                                                                 Student Veteran Coronavirus Response Act of 2020 (Public
                                                                    Ante, p. 632.                Law 116–140) is amended by inserting ‘‘or training establish-
                                                                                                 ment’’ after ‘‘educational institution’’.
                                                                                            SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STU-
                                                                                                        DENT VETERAN CORONAVIRUS RESPONSE ACT.
                                                                                                 Section 4 of the Student Veteran Coronavirus Response Act
                                                                    Ante, p. 632.           of 2020 (Public Law 116–140) is amended—
                                                                                                       (1) in subsection (b)—
                                                                                                             (A) by striking ‘‘may not exceed four weeks.’’ and
                                                                                                       inserting ‘‘may not exceed the shorter of the following:’’;
                                                                                                       and
                                                                                                             (B) by adding at the end the following new paragraphs:
                                                                                                       ‘‘(1) The period of time that the eligible veteran or eligible
                                                                                                 person would have been enrolled in a program of education
                                                                                                 or training but for the emergency situation.
                                                                                                       ‘‘(2) Four weeks.’’; and
                                                                                                       (2) by adding at the end the following new subsection:
                                                                                                 ‘‘(e) ENTITLEMENT NOT CHARGED.—Any payment of allowances
                                                                                            under this section shall not—
                                                                                                       ‘‘(1) be charged against any entitlement to educational




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                                                                                                 assistance of the eligible veteran or eligible person concerned;
                                                                                                 or




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4967

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

                                                                                                  TITLE II—BENEFITS
                                                                                     Subtitle A—Benefits Generally
                                                                    SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR PURPOSES
                                                                                 OF THE LAWS ADMINISTERED BY THE SECRETARY OF
                                                                                 VETERANS AFFAIRS.
                                                                        Section 101(29)(A) of title 38, United States Code, is amended
                                                                    by striking ‘‘February 28, 1961’’ and inserting ‘‘November 1, 1955’’.
                                                                    SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS
                                                                               AFFAIRS MEDICAL DISABILITY EXAMINATIONS.
                                                                        (a) TEMPORARY CLARIFICATION OF LICENSURE REQUIREMENTS
                                                                    FOR CONTRACTOR MEDICAL PROFESSIONALS TO PERFORM MEDICAL
                                                                    DISABILITY EXAMINATIONS FOR THE DEPARTMENT OF VETERANS
                                                                    AFFAIRS UNDER PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS
                                                                    FOR DISABILITY EXAMINATIONS.—
                                                                            (1) IN GENERAL.—Subsection (c) of section 504 of the Vet-
                                                                           erans’ Benefits Improvements Act of 1996 (Public Law 104–
                                                                           275; 38 U.S.C. 5101 note) is amended to read as follows:
                                                                           ‘‘(c) LICENSURE OF CONTRACT HEALTH CARE PROFESSIONALS.—
                                                                                 ‘‘(1) IN GENERAL.—Notwithstanding any law regarding the
                                                                           licensure of health care professionals, a health care professional
                                                                           described in paragraph (2) may conduct an examination pursu-
                                                                           ant to a contract entered into under subsection (a) at any
                                                                           location in any State, the District of Columbia, or a Common-
                                                                           wealth, territory, or possession of the United States, so long
                                                                           as the examination is within the scope of the authorized duties
                                                                           under such contract.
                                                                                 ‘‘(2) HEALTH CARE PROFESSIONAL DESCRIBED.—A health care
                                                                           professional described in this paragraph is a physician, physi-
                                                                           cian assistant, nurse practitioner, audiologist, or psychologist,
                                                                           who—
                                                                                       ‘‘(A) has a current unrestricted license to practice the
                                                                                 health care profession of the physician, physician assistant,
                                                                                 nurse practitioner, audiologist, or psychologist, as the case
                                                                                 may be;
                                                                                       ‘‘(B) is not barred from practicing such health care
                                                                                 profession in any State, the District of Columbia, or a
                                                                                 Commonwealth, territory, or possession of the United
                                                                                 States; and
                                                                                       ‘‘(C) is performing authorized duties for the Depart-
                                                                                 ment of Veterans Affairs pursuant to a contract entered
                                                                                 into under subsection (a).’’.
                                                                                 (2) PURPOSE.—The purpose of the amendment made by                                        38 USC 5101
                                                                           paragraph (1) is to expand the license portability for physicians                              note.
                                                                           assistants, nurse practitioners, audiologists, and psychologists




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                                                                           to supplement the capacity of employees of the Department
                                                                           to provide medical examinations described in subsection (b).




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                                                                    134 STAT. 4968                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    38 USC 5101                       (3) RULE OF CONSTRUCTION.—The amendment made by
                                                                    note.                        paragraph (1) shall not be construed to affect the license port-
                                                                                                 ability for physicians in effect under section 504(c) of such
                                                                                                 Act as in effect on the day before the date of the enactment
                                                                                                 of this Act.
                                                                    38 USC 5101                       (4) SUNSET.—On the date that is three years after the
                                                                    note.                        date of the enactment of this Act, subsection (c) of such section
                                                                                                 shall read as it read on the day before the date of the enactment
                                                                                                 of this Act.
                                                                    Effective date.              (b) TEMPORARY HALT ON ELIMINATION OF MEDICAL EXAMINER
                                                                    38 USC 5101             POSITIONS IN DEPARTMENT OF VETERANS AFFAIRS.—The Secretary
                                                                    note.
                                                                                            of Veterans Affairs shall temporarily suspend the efforts of the
                                                                                            Secretary in effect on the day before the date of the enactment
                                                                                            of this Act to eliminate medical examiner positions in the Depart-
                                                                                            ment of Veterans Affairs until the number of individuals awaiting
                                                                                            a medical examination with respect to medical disability of the
                                                                                            individuals for benefits under laws administered by the Secretary
                                                                                            that are carried out through the Under Secretary for Benefits
                                                                                            is equal to or less than the number of such individuals who were
                                                                                            awaiting such a medical examination with respect to such purposes
                                                                                            on March 1, 2020.
                                                                                                 (c) REPORT ON PROVISION OF MEDICAL EXAMINATIONS.—
                                                                                                      (1) IN GENERAL.—Not later than 180 days after the date
                                                                                                 of the enactment of this Act, the Secretary shall submit to
                                                                                                 the appropriate committees of Congress a report on the provi-
                                                                                                 sion of medical examinations described in subsection (b) by
                                                                                                 the Department.
                                                                                                      (2) CONTENTS.—The report submitted under paragraph (1)
                                                                                                 shall cover the following:
                                                                                                           (A) How the Secretary will increase the capacity, effi-
                                                                                                      ciency, and timeliness of physician assistants, nurse practi-
                                                                                                      tioners, audiologists, and psychologists of the Veterans
                                                                                                      Health Administration with respect to completing medical
                                                                                                      examinations described in subsection (b).
                                                                                                           (B) The total number of full-time equivalent employees
                                                                                                      among all physician assistants, nurse practitioners, audiol-
                                                                                                      ogists, and psychologists needed for the increases described
                                                                                                      in subparagraph (A).
                                                                    Assessment.                            (C) An assessment regarding the importance of
                                                                                                      retaining a critical knowledge base within the Department
                                                                                                      for performing medical examinations for veterans filing
                                                                                                      claims for compensation under chapters 11 and 13 of title
                                                                                                      38, United States Code, including with respect to military
                                                                                                      sexual trauma, post-traumatic stress disorder, traumatic
                                                                                                      brain injury, and toxic exposure.
                                                                                                      (3) COLLABORATION.—The Secretary shall collaborate with
                                                                                                 the veterans community and stakeholders in the preparation
                                                                                                 of the report required by paragraph (1).
                                                                                                      (4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
                                                                                                 this subsection, the term ‘‘appropriate committees of Congress’’
                                                                                                 means—
                                                                                                           (A) the Committee on Veterans’ Affairs and the Com-
                                                                                                      mittee on Appropriations of the Senate; and
                                                                                                           (B) the Committee on Veterans’ Affairs and the Com-




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                                                                                                      mittee on Appropriations of the House of Representatives.
                                                                                                 (d) COMPTROLLER GENERAL OF THE UNITED STATES REVIEW.—




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4969

                                                                             (1) REVIEW REQUIRED.—Not later than 360 days after the                                       Deadline.
                                                                        date of the enactment of this Act, the Comptroller General
                                                                        of the United States shall commence a review of the
                                                                        implementation of the pilot program authorized under sub-
                                                                        section (a) of section 504 of the Veterans’ Benefits Improve-
                                                                        ments Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note).
                                                                             (2) ELEMENTS.—The review conducted under paragraph (1)
                                                                        shall include the following:
                                                                                  (A) An assessment of the use of subsection (c) of section                               Assessment.
                                                                             504 of such Act, as amended by subsection (a)(1) of this
                                                                             section.
                                                                                  (B) Efforts to retain and recruit medical examiners
                                                                             as employees of the Department.
                                                                                  (C) Use of telehealth for medical examinations
                                                                             described in subsection (b) that are administered by the
                                                                             Department.
                                                                        (e) BRIEFING ON RECOMMENDATIONS OF COMPTROLLER GENERAL                                            Deadline.
                                                                    OF THE UNITED STATES.—Not later than 60 days after the date
                                                                    of the enactment of this Act, the Secretary shall provide to the
                                                                    Committee on Veterans’ Affairs of the Senate and the Committee
                                                                    on Veterans’ Affairs of the House of Representatives a briefing
                                                                    on how the Secretary will implement the recommendations of the
                                                                    Comptroller General of the United States regarding—
                                                                             (1) the monitoring of the training of providers of examina-
                                                                        tions pursuant to contracts under section 504 of the Veterans’
                                                                        Benefits Improvements Act of 1996 (Public Law 104–275; 38
                                                                        U.S.C. 5101 note); and
                                                                             (2) ensuring such providers receive such training.
                                                                        (f) HOLDING UNDERPERFORMING CONTRACT MEDICAL EXAM-                                                38 USC 5101
                                                                    INERS ACCOUNTABLE.—The Secretary shall take such actions as                                           note.
                                                                    may be necessary to hold accountable the providers of medical
                                                                    examinations pursuant to contracts under section 504 of the Vet-
                                                                    erans’ Benefits Improvements Act of 1996 (Public Law 104–275;
                                                                    38 U.S.C. 5101 note) who are underperforming in the meeting
                                                                    of the needs of veterans through the performance of medical
                                                                    examinations pursuant to such contracts.
                                                                    SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SURVIVING
                                                                               SPOUSES.
                                                                        (a) CODIFICATION OF CURRENT RATE OF SPECIAL PENSION.—
                                                                    Subsection (a) of section 1562 of title 38, United States Code,
                                                                    is amended by striking ‘‘$1,000’’ and inserting ‘‘$1,388.68’’.
                                                                        (b) SPECIAL PENSION FOR SURVIVING SPOUSES.—
                                                                              (1) SURVIVING SPOUSE BENEFIT.—Such subsection is further
                                                                        amended—
                                                                                   (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
                                                                                   (B) by adding at the end the following new paragraph:
                                                                        ‘‘(2)(A) Except as provided in subparagraphs (B) and (C), the
                                                                    Secretary shall pay special pension under this section to the sur-
                                                                    viving spouse of a person whose name has been entered on the
                                                                    Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
                                                                    and a copy of whose certificate has been delivered to the Secretary
                                                                    under section 1134a(d) of title 10.
                                                                        ‘‘(B) No special pension shall be paid to a surviving spouse




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                                                                    of a person under this section unless such surviving spouse was
                                                                    married to such person—




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                                                                    134 STAT. 4970                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    Time period.                        ‘‘(i) for one year or more prior to the veteran’s death;
                                                                                                   or
                                                                                                      ‘‘(ii) for any period of time if a child was born of the
                                                                                                 marriage, or was born to them before the marriage.
                                                                                                 ‘‘(C) No special pension shall be paid to a surviving spouse
                                                                                            of a person under this section if such surviving spouse is receiving
                                                                                            benefits under section 1311 or 1318 of this title.’’.
                                                                                                      (2) CONFORMING AMENDMENTS.—
                                                                                                            (A) IN GENERAL.—Such section is amended—
                                                                                                                 (i) in subsection (d), by inserting ‘‘or married to
                                                                                                            more than one person who has been awarded a medal
                                                                                                            of honor,’’ after ‘‘honor,’’; and
                                                                                                                 (ii) in subsection (f)(1), by striking ‘‘this section’’
                                                                                                            and inserting ‘‘paragraph (1) of subsection (a), or under
                                                                                                            paragraph (2) of such subsection in the case of a post-
                                                                                                            humous entry on the Army, Navy, Air Force, and Coast
                                                                                                            Guard Medal of Honor Roll,’’.
                                                                                                            (B) SPECIAL PROVISIONS RELATING TO MARRIAGES.—Sec-
                                                                                                      tion 103(d)(5) of such title is amended by adding at the
                                                                                                      end the following new subparagraph:
                                                                                                      ‘‘(E) Section 1562(a)(2), relating to Medal of Honor special
                                                                                                 pension.’’.
                                                                    38 USC 103 note.                  (3) EFFECTIVE DATE.—The amendments made by this sub-
                                                                                                 section shall apply with respect to payment of pension under
                                                                                                 section 1562 of title 38, United States Code, for months begin-
                                                                                                 ning after the date of the enactment of this Act.
                                                                                            SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS INSUR-
                                                                                                        ANCE.
                                                                                                   (a) ESTABLISHMENT OF MODERNIZED PROGRAM.—
                                                                                                        (1) IN GENERAL.—Chapter 19 of title 38, United States
                                                                                                   Code, is amended by inserting after section 1922A the following
                                                                                                   new section:
                                                                    38 USC 1922B.           ‘‘§ 1922B. Service-disabled veterans insurance
                                                                    Effective date.              ‘‘(a) INSURANCE.—(1) Beginning January 1, 2023, the Secretary
                                                                                            shall carry out a service-disabled veterans insurance program under
                                                                                            which a veteran is granted insurance by the United States against
                                                                                            the death of such individual occurring while such insurance is
                                                                                            in force.
                                                                                                 ‘‘(2) The Secretary may only issue whole-life policies under
                                                                                            the insurance program under paragraph (1).
                                                                                                 ‘‘(3) The Secretary may not grant insurance to a veteran under
                                                                                            paragraph (1) unless—
                                                                                                       ‘‘(A) the veteran submits the application for such insurance
                                                                                                 before the veteran attains 81 years of age; or
                                                                                                       ‘‘(B) with respect to a veteran who has attained 81 years
                                                                                                 of age—
                                                                                                             ‘‘(i) the veteran filed a claim for compensation under
                                                                                                       chapter 11 of this title before attaining such age;
                                                                    Determination.                           ‘‘(ii) based on such claim, and after the veteran attained
                                                                                                       such age, the Secretary first determines that the veteran
                                                                                                       has a service-connected disability; and
                                                                    Time period.                             ‘‘(iii) the veteran submits the application for such insur-




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                                                                                                       ance during the two-year period following the date of such
                                                                                                       determination.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4971

                                                                         ‘‘(4)(A) A veteran enrolled in the insurance program under
                                                                    paragraph (1) may elect to be insured in any of the following
                                                                    amounts:
                                                                                      ‘‘(i) $10,000.
                                                                                      ‘‘(ii) $20,000.
                                                                                      ‘‘(iii) $30,000.
                                                                                      ‘‘(iv) $40,000.
                                                                                      ‘‘(v) In accordance with subparagraph (B), a maximum
                                                                                amount greater than $40,000.
                                                                         ‘‘(B) The Secretary may establish a maximum amount to be
                                                                    insured under paragraph (1) that is greater than $40,000 if the
                                                                    Secretary—
                                                                                ‘‘(i) determines that such maximum amount and the pre-                                    Determination.
                                                                         miums for such amount—
                                                                                      ‘‘(I) are administratively and actuarially sound for the
                                                                                insurance program under paragraph (1); and
                                                                                      ‘‘(II) will not result in such program operating at a
                                                                                loss; and
                                                                                ‘‘(ii) publishes in the Federal Register, and submits to                                  Federal Register,
                                                                         the Committee on Veterans’ Affairs of the Senate and the                                         publication.
                                                                         Committee on Veterans’ Affairs of the House of Representatives,
                                                                         such maximum amount and determination.
                                                                         ‘‘(5)(A)(i) Insurance granted under this section shall be on a
                                                                    nonparticipating basis and all premiums and other collections
                                                                    therefor shall be credited directly to a revolving fund in the
                                                                    Treasury of the United States.
                                                                         ‘‘(ii) Any payments on such insurance shall be made directly
                                                                    from such fund.
                                                                         ‘‘(B)(i) The Secretary of the Treasury may invest in and sell
                                                                    and retire special interest-bearing obligations of the United States
                                                                    for the account of the revolving fund under subparagraph (A).
                                                                         ‘‘(ii) Such obligations issued for that purpose shall—
                                                                                ‘‘(I) have maturities fixed with due regard for the needs
                                                                         of the fund; and
                                                                                ‘‘(II) bear interest at a rate equal to the average market
                                                                         yield (computed by the Secretary of the Treasury on the basis
                                                                         of market quotations as of the end of the calendar month
                                                                         preceding the date of issue) on all marketable interest-bearing
                                                                         obligations of the United States then forming a part of the
                                                                         public debt which are not due or callable until after the expira-
                                                                         tion of four years from the end of such calendar month; except
                                                                         that where such average market yield is not a multiple of
                                                                         one-eighth of one per centum, the rate of interest of such
                                                                         obligation shall be the multiple of one-eighth of one per centum
                                                                         nearest such market yield.
                                                                         ‘‘(6)(A) Administrative support financed by the appropriations
                                                                    for ‘General Operating Expenses, Department of Veterans Affairs’
                                                                    and ‘Information Technology Systems, Department of Veterans
                                                                    Affairs’ for the insurance program under paragraph (1) shall be
                                                                    paid from premiums credited to the fund under paragraph (5).
                                                                         ‘‘(B) Such payment for administrative support shall be                                           Reimbursement.
                                                                    reimbursed for that fiscal year from funds that are available on
                                                                    such insurance after claims have been paid.
                                                                         ‘‘(b) ELIGIBILITY.—A veteran is eligible to enroll in the insurance




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                                                                    program under subsection (a)(1) if the veteran has a service-con-
                                                                    nected disability, without regard to—




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                                                                    134 STAT. 4972                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                        ‘‘(1) whether such disability is compensable under chapter
                                                                                                  11 of this title; or
                                                                                                        ‘‘(2) whether the veteran meets standards of good health
                                                                                                  required for other life insurance policies.
                                                                                                  ‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1) An eligible veteran
                                                                                            may enroll in the insurance program under subsection (a)(1) at
                                                                                            any time.
                                                                                                  ‘‘(2) The life insurance policy of a veteran who enrolls in the
                                                                                            insurance program under subsection (a)(1) does not go into force
                                                                                            unless—
                                                                                                        ‘‘(A) a period of two years elapses following the date of
                                                                                                  such enrollment; and
                                                                                                        ‘‘(B) the veteran pays the premiums required during such
                                                                                                  two-year period.
                                                                                                  ‘‘(3)(A) If a veteran dies during the two-year period described
                                                                                            in paragraph (2), the Secretary shall pay to the beneficiary of
                                                                                            the veteran the amount of premiums paid by the veteran under
                                                                                            this section, plus interest.
                                                                                                  ‘‘(B) The Secretary—
                                                                                                        ‘‘(i) for the initial year of the insurance program under
                                                                                                  subsection (a)(1)—
                                                                                                               ‘‘(I) shall set such interest at a rate of one percent;
                                                                                                        and
                                                                                                               ‘‘(II) may adjust such rate during such year based
                                                                                                        on program experience, except that the interest rate may
                                                                                                        not be less than zero percent;
                                                                                                        ‘‘(ii) for the second and each subsequent year of the pro-
                                                                                                  gram, shall calculate such interest at an annual rate equal
                                                                                                  to the rate of return on the revolving fund under subsection
                                                                                                  (a)(5) for the calendar year preceding the year of the veteran’s
                                                                                                  death, except that the interest rate may not be less than
                                                                                                  zero percent; and
                                                                    Web posting.                        ‘‘(iii) on an annual basis, shall publish on the internet
                                                                                                  website of the Department the average interest rate calculated
                                                                                                  under clause (ii) for the preceding calendar year.
                                                                                                  ‘‘(d) PREMIUMS.—(1) The Secretary shall establish a schedule
                                                                                            of basic premium rates by age per $10,000 of insurance under
                                                                                            subsection (a)(1) consistent with basic premium rates generally
                                                                                            charged for guaranteed acceptance life insurance policies by private
                                                                                            life insurance companies.
                                                                                                  ‘‘(2) The Secretary may adjust such schedule after the first
                                                                                            policy year in a manner consistent with the general practice of
                                                                                            guaranteed acceptance life insurance policies issued by private life
                                                                                            insurance companies.
                                                                                                  ‘‘(3) Section 1912 of this title shall not apply to life insurance
                                                                                            policies under subsection (a)(1), and the Secretary may not other-
                                                                                            wise waive premiums for such insurance policies.
                                                                                                  ‘‘(e) BENEFICIARIES.—(1) A veteran who enrolls in the insurance
                                                                                            program under subsection (a)(1) may designate a beneficiary of
                                                                                            the life insurance policy.
                                                                    Determination.                ‘‘(2) If a veteran enrolled in the insurance program under
                                                                                            subsection (a)(1) does not designate a beneficiary under paragraph
                                                                                            (1) before the veteran dies, or if a designated beneficiary predeceases
                                                                                            the veteran, the Secretary shall determine the beneficiary in the




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                                                                                            following order:
                                                                                                        ‘‘(A) The surviving spouse of the veteran.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4973

                                                                               ‘‘(B) The children of the veteran and descendants of
                                                                         deceased children by representation.
                                                                               ‘‘(C) The parents of the veteran or the survivors of the
                                                                         parents.
                                                                               ‘‘(D) The duly appointed executor or administrator of the
                                                                         estate of the veteran.
                                                                               ‘‘(E) Other next of kin of the veteran entitled under the
                                                                         laws of domicile of the veteran at the time of the death of
                                                                         the veteran.
                                                                         ‘‘(f) CLAIMS.—(1) If the deceased veteran designated a bene-                                     Time periods.
                                                                    ficiary under subsection (e)(1)—
                                                                               ‘‘(A) the designated beneficiary is the only person who
                                                                         may file a claim for payment under subsection (g) during the
                                                                         one-year period beginning on the date of the death of the
                                                                         veteran; and
                                                                               ‘‘(B) if the designated beneficiary does not file a claim
                                                                         for the payment during the period described in paragraph (1),
                                                                         or if payment to the designated beneficiary within that period
                                                                         is prohibited by Federal statute or regulation, a beneficiary
                                                                         described in subsection (e)(2) may file a claim for such payment
                                                                         during the one-year period following the period described in
                                                                         subparagraph (A) as if the designated beneficiary had pre-
                                                                         deceased the veteran.
                                                                         ‘‘(2) If the deceased veteran did not designate a beneficiary
                                                                    under subsection (e)(1), or if the designated beneficiary predeceased
                                                                    the veteran, a beneficiary described in subsection (e)(2) may file
                                                                    a claim for payment under subsection (g) during the two-year period
                                                                    beginning on the date of the death of the veteran.
                                                                         ‘‘(3) If, on the date that is two years after the date of the                                    Determination.
                                                                    death of the veteran, no claim for payment has been filed by
                                                                    any beneficiary pursuant to paragraph (1) or (2), and the Secretary
                                                                    has not received notice that any such claim will be so filed during
                                                                    the subsequent one-year period, the Secretary may make the pay-
                                                                    ment to a claimant whom the Secretary determines to be equitably
                                                                    entitled to such payment.
                                                                         ‘‘(g) PAYMENTS.—(1) In a case described in subsection (f)—                                       Deadlines.
                                                                               ‘‘(A) in paragraph (1)(A), the Secretary shall pay the des-
                                                                         ignated beneficiary not later than 90 days after the designated
                                                                         beneficiary files a complete and valid claim for payment;
                                                                               ‘‘(B) in paragraph (1)(B) or (2), the Secretary shall make
                                                                         any payment not later than one year after the end of the
                                                                         period described in the applicable such paragraph, if the Sec-
                                                                         retary receives a complete and valid claim for payment in
                                                                         accordance with the applicable such paragraph; or
                                                                               ‘‘(C) in paragraph (3), the Secretary shall make any pay-
                                                                         ment not later than one year after the end of the period
                                                                         described in such paragraph, if the Secretary receives a com-
                                                                         plete and valid claim for payment.
                                                                         ‘‘(2) In a case where the Secretary has not made an insurance
                                                                    payment under this section during the applicable period specified
                                                                    in paragraph (1) by reason of a beneficiary not yet having filed
                                                                    a claim, or the Secretary not yet making a determination under
                                                                    subsection (f)(3), the Secretary may make the payment after such
                                                                    applicable period.
                                                                         ‘‘(3) Notwithstanding section 1917 of this title, the Secretary




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                                                                    shall make an insurance payment under this section in a lump
                                                                    sum.




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                                                                    134 STAT. 4974                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                 ‘‘(4) The Secretary may not make an insurance payment under
                                                                                            this section if such payment will escheat to a State.
                                                                                                 ‘‘(5) Any payment under this subsection shall be a bar to
                                                                                            recovery by any other person.’’.
                                                                                                       (2) CLERICAL AMENDMENT.—The table of sections at the
                                                                    38 USC 1901                  beginning of such chapter is amended by inserting after the
                                                                    prec.                        item relating to section 1922A the following new item:
                                                                                            ‘‘1922B. Service-disabled veterans insurance.’’.
                                                                                                 (b) SUNSET OF PREVIOUS PROGRAM AND TRANSITION.—
                                                                                                        (1) S–DVI.—Section 1922 of such title is amended by adding
                                                                                                 at the end the following new subsection:
                                                                                                 ‘‘(d)(1) The Secretary may not accept any application by a
                                                                                            veteran to be insured under this section after December 31, 2022.
                                                                    Time periods.                ‘‘(2)(A) During the period beginning January 1, 2023, and
                                                                                            ending December 31, 2025, a veteran who is insured under this
                                                                                            section may elect to instead be insured under section 1922B of
                                                                                            this title based on the age of the veteran at the time of such
                                                                                            election.
                                                                                                 ‘‘(B)(i) A veteran who elects under subparagraph (A) to be
                                                                                            insured under section 1922B of this title shall be subject to the
                                                                                            two-year waiting period specified in subsection (c) of such section.
                                                                                                 ‘‘(ii) If the veteran dies during such period, the Secretary shall
                                                                                            pay the beneficiary under this section, and, if applicable, under
                                                                                            section 1922A, plus the amount of premiums paid by the veteran
                                                                                            under such section 1922B, plus interest.
                                                                                                 ‘‘(3) Except as provided by paragraph (2)(B), a veteran may
                                                                                            not be insured under this section and section 1922B simulta-
                                                                                            neously.’’.
                                                                                                        (2) SUPPLEMENTAL S–DVI.—Section 1922A(b) of such title
                                                                                                 is amended by adding after the period at the end the following:
                                                                                                 ‘‘The Secretary may not accept any such application after
                                                                                                 December 31, 2022. Except as provided by section 1922(d)(2)(B),
                                                                                                 a veteran may not have supplemental insurance under this
                                                                                                 section and be insured under section 1922B simultaneously.’’.
                                                                                                 (c) CONFORMING AMENDMENTS.—Chapter 19 of such title is
                                                                                            amended—
                                                                                                        (1) in the section heading of section 1922, by striking
                                                                                                 ‘‘Service’’ and inserting ‘‘Legacy service’’;
                                                                                                        (2) in the section heading of section 1922A, by striking
                                                                                                 ‘‘Supplemental’’ and inserting ‘‘Legacy supplemental’’; and
                                                                    38 USC 1901                         (3) in the table of sections at the beginning of such chapter
                                                                    prec.                        by striking the items relating to sections 1922 and 1922A
                                                                                                 and inserting the following new items:
                                                                                            ‘‘1922. Legacy service disabled veterans’ insurance.
                                                                                            ‘‘1922A. Legacy supplemental service disabled veterans’ insurance for totally dis-
                                                                                                        abled veterans.’’.

                                                                                            SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION
                                                                                                        UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE.
                                                                                                 Section 1980A of title 38, United States Code, is amended
                                                                                            by adding at the end the following new subsection:
                                                                                                 ‘‘(l)(1) If a claim for benefits under this section is denied,
                                                                                            the Secretary concerned shall provide to the member at the same




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                                                                                            time as the member is informed of such denial a description of
                                                                                            the following:




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4975

                                                                               ‘‘(A) Each reason for that denial, including a description
                                                                         of all the information upon which the denial is based and
                                                                         a description of the applicable laws, regulations, or policies,
                                                                         with appropriate citations, and an explanation of how such
                                                                         laws, regulations, or policies affected the denial.
                                                                               ‘‘(B) Each finding that is favorable to the member.
                                                                         ‘‘(2) Any finding favorable to the member as described in para-
                                                                    graph (1)(B) shall be binding on all subsequent reviews or appeals
                                                                    of the denial of the claim, unless clear and convincing evidence
                                                                    is shown to the contrary to rebut such favorable finding.’’.
                                                                    SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT
                                                                                QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS
                                                                                AFFAIRS.
                                                                         (a) IN GENERAL.—Section 5101 of title 38, United States Code,
                                                                    is amended—
                                                                               (1) by redesignating subsection (d) as subsection (e); and
                                                                               (2) by inserting after subsection (c) the following new sub-
                                                                         section (d):
                                                                         ‘‘(d)(1) The Secretary shall publish in a central location on                                    Web posting.
                                                                    the internet website of the Department—
                                                                               ‘‘(A) the disability benefit questionnaire forms of the
                                                                         Department for the submittal of evidence from non-Department
                                                                         medical providers regarding a disability of a claimant, including
                                                                         any form or process that replaces any such disability benefit
                                                                         questionnaire form; and
                                                                               ‘‘(B) details about the process used by the Department
                                                                         for submittal of evidence described in subparagraph (A).
                                                                         ‘‘(2) Subject to section 6103 of this title, if the Secretary updates
                                                                    a form described in paragraph (1)(A), the Secretary shall—
                                                                               ‘‘(A) accept the previous version of the form filed by a
                                                                         claimant if—
                                                                                     ‘‘(i) the claimant provided to the non-Department med-
                                                                               ical provider the previous version of the form before the
                                                                               date on which the updated version of the form was made
                                                                               available; and
                                                                                     ‘‘(ii) the claimant files the previous version of the form                           Time period.
                                                                               during the one-year period following the date the form
                                                                               was completed by the non-Department medical provider;
                                                                               ‘‘(B) request from the claimant (or from a non-Department
                                                                         medical provider if the claimant has authorized the provider
                                                                         to share health information with the Secretary) any other
                                                                         information that the updated version of the form requires;
                                                                         and
                                                                               ‘‘(C) apply the laws and regulations required to adjudicate
                                                                         the claim as if the claimant filed the updated version of the
                                                                         form.
                                                                         ‘‘(3) The Secretary may waive any interagency approval process                                   Waiver authority.
                                                                    required to approve a modification to a disability benefit question-
                                                                    naire form if such requirement only applies by reason of the forms
                                                                    being made public.’’.
                                                                         (b) REPORTS BY INSPECTOR GENERAL OF THE DEPARTMENT OF
                                                                    VETERANS AFFAIRS.—Not less frequently than once each year
                                                                    through 2023, the Inspector General of the Department of Veterans
                                                                    Affairs shall submit to Congress a report on the findings of the




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                                                                    Inspector General with respect to the use of the forms published
                                                                    under section 5101(d)(1) of such title, as added by subsection (a).




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                                                                    134 STAT. 4976                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    38 USC 5101                  (c) INITIAL FORM.—The Secretary of Veterans Affairs shall begin
                                                                    note.                   carrying out section 5101(d)(1) of such title, as added by subsection
                                                                                            (a), by publishing, as described in such section, the form described
                                                                                            in such section that was in effect on January 1, 2020.
                                                                    38 USC 5101                  (d) ALTERNATE PROCESS.—
                                                                    note.                             (1) ASSESSMENT AND REPORT.—
                                                                                                           (A) IN GENERAL.—Subject to paragraph (2), not later
                                                                                                      than 180 days after the date of the enactment of this
                                                                                                      act, the Secretary shall—
                                                                                                                (i) assess the feasibility and advisability of
                                                                                                           replacing disability benefit questionnaire forms that
                                                                                                           are used by non-Department medical providers to
                                                                                                           submit to the Secretary evidence regarding a disability
                                                                                                           of a claimant for benefits under laws administered
                                                                                                           by the Secretary, with another consistent process that
                                                                                                           considers evidence equally, whether provided by a
                                                                                                           Department or a non-Department medical provider;
                                                                                                           and
                                                                                                                (ii) submit to Congress—
                                                                                                                      (I) a report on the findings of the Secretary
                                                                                                                with respect to the assessment conducted under
                                                                                                                clause (i); and
                                                                                                                      (II) if the report submitted under subclause
                                                                                                                (I) of this clause includes a finding that replacing
                                                                                                                the disability benefit questionnaire forms described
                                                                                                                in clause (i) as described in such clause is feasible
                                                                                                                and advisable, a plan to replace such forms as
                                                                                                                described in such clause.
                                                                    Determination.                         (B) COLLABORATION REQUIRED.—If, in carrying out the
                                                                                                      assessment required by clause (i) of subparagraph (A),
                                                                                                      the Secretary determines that replacing the disability ben-
                                                                                                      efit questionnaire forms described in such clause as
                                                                                                      described in such clause is feasible and advisable, the Sec-
                                                                                                      retary shall collaborate with, partner with, and consider
                                                                                                      the advice of veterans service organizations, and such other
                                                                                                      stakeholders as the Secretary considers appropriate, on
                                                                                                      the replacement forms and process for submitting such
                                                                                                      forms.
                                                                    Certification.                    (2) REQUIREMENTS.—The Secretary may only determine
                                                                                                 under paragraph (1)(A) that replacing the forms described in
                                                                                                 such paragraph is feasible and advisable if the Secretary cer-
                                                                                                 tifies that—
                                                                                                           (A) it is in the best interest of veterans to do so;
                                                                                                           (B) the replacement process would include all the med-
                                                                                                      ical information needed to adjudicate a claim for benefits
                                                                                                      under laws administered by the Secretary; and
                                                                                                           (C) the new process will ensure that all medical
                                                                                                      information provided will be considered equally, whether
                                                                                                      it is provided by a Department medical provider or a non-
                                                                                                      Department medical provider.
                                                                                                      (3) IMPLEMENTATION.—
                                                                    Deadline.                              (A) IN GENERAL.—Subject to subparagraph (B), if the
                                                                                                      Secretary determines under paragraph (1)(A) that replacing
                                                                                                      the forms as described in such paragraph is feasible and
                                                                                                      advisable, the Secretary shall, not later than two years




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                                                                                                      after the date on which the Secretary submits the report
                                                                                                      under paragraph (1)(B)(i)—




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4977

                                                                                       (i) replace the forms as described in paragraph
                                                                                  (1)(A);
                                                                                       (ii) publish such replacement pursuant to subpara-
                                                                                  graph (A) of section 5101(d)(1), as added by subsection
                                                                                  (a)(2); and
                                                                                       (iii) update the details under subparagraph (B)                                    Update.
                                                                                  of such section.
                                                                                  (B) REPORTS BY INSPECTOR GENERAL OF THE DEPART-
                                                                              MENT OF VETERANS AFFAIRS.—If the Secretary replaces the
                                                                              forms under subparagraph (A), the Inspector General of
                                                                              the Department of Veterans Affairs shall, not later than
                                                                              one year after the date that the Secretary replaces such
                                                                              forms and not less frequently than once each year there-
                                                                              after until the date that is three years after the date
                                                                              on which the Secretary replaces such forms, submit to
                                                                              Congress a report on the process that replaced such forms
                                                                              that ascertains whether the process properly protects vet-
                                                                              erans.
                                                                              (4) LIMITATION.—The Secretary may not discontinue the
                                                                         use of the disability benefit questionnaire forms described in
                                                                         paragraph (1)(A) until a replacement form or process is imple-
                                                                         mented.
                                                                         (e) RULE OF CONSTRUCTION.—Nothing in this section or section                                     38 USC 5101
                                                                    5101(d) of such title, as added by subsection (a), may be construed                                   note.
                                                                    to require the Secretary to develop any new information technology
                                                                    system or otherwise require the Secretary to make any significant
                                                                    changes to the internet website of the Department.
                                                                    SEC. 2007. THRESHOLD FOR REPORTING DEBTS TO CONSUMER                                                  Regulations.
                                                                               REPORTING AGENCIES.
                                                                        (a) IN GENERAL.—Chapter 53 of title 38, United States Code,
                                                                    is amended by adding after section 5319 the following new section:
                                                                    ‘‘§ 5320. Threshold for reporting debts to consumer reporting                                         38 USC 5320.
                                                                                agencies
                                                                         ‘‘The Secretary shall prescribe regulations that establish the
                                                                    minimum amount of a claim or debt, arising from a benefit adminis-
                                                                    tered by the Under Secretary for Benefits or Under Secretary for
                                                                    Health, that the Secretary will report to a consumer reporting
                                                                    agency under section 3711 of title 31.’’.
                                                                         (b) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    ning of such chapter is amended by adding after the item relating                                     38 USC 5301
                                                                    to section 5319 the following new item:                                                               prec.

                                                                    ‘‘5320.Threshold for reporting debts to consumer reporting agencies.’’.
                                                                         (c) DEADLINE.—The Secretary of Veterans Affairs shall pre-                                       38 USC 5320
                                                                    scribe regulations under section 5320 of such title, as added by                                      note.
                                                                    subsection (a), not later than 180 days after the date of the enact-
                                                                    ment of this Act.
                                                                    SEC. 2008. REMOVAL OF DEPENDENTS FROM AWARD OF COMPENSA-                                              Effective dates.
                                                                                TION OR PENSION.                                                                          Deadlines.
                                                                                                                                                                          38 USC 5701
                                                                        Beginning not later than 90 days after the date of the enact-                                     note prec.
                                                                    ment of this Act, the Secretary of Veterans Affairs shall ensure
                                                                    that—
                                                                            (1) the recipient of an award of compensation or pension




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                                                                        may remove any dependent from an award of compensation
                                                                        or pension to the individual using the eBenefits system of




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                                                                    134 STAT. 4978                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                   the Department of Veterans Affairs, or a successor system;
                                                                                                   and
                                                                                                       (2) such removal takes effect not later than 60 days after
                                                                                                   the date on which the recipient elects such removal.
                                                                                            SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COM-
                                                                                                       PENSATION FOR SURVIVING SPOUSES WHO REMARRY
                                                                                                       AFTER AGE 55.
                                                                                                Section 103(d)(2)(B) of title 38, United States Code, is amended
                                                                                            in the second sentence by inserting ‘‘chapter 13 or’’ after ‘‘benefits
                                                                                            under’’.
                                                                                            SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES
                                                                                                         TO TOXICANTS AT KARSHI-KHANABAD AIR BASE IN
                                                                                                         UZBEKISTAN.
                                                                    Deadlines.                   (a) AGREEMENT AND STUDY.—Not later than 60 days after the
                                                                                            date of the enactment of this Act, the Secretary of Veterans Affairs
                                                                                            shall enter into an agreement with the Administrator of the Agency
                                                                                            for Toxic Substances and Disease Registry for the Administrator
                                                                                            to complete, not later than 10 years after the date of the enactment
                                                                                            of this Act, a study to identify—
                                                                                                      (1) incidents of cancer and other diseases or illnesses
                                                                                                 experienced by individuals who served in the active military,
                                                                                                 naval, or air service (as defined in section 101 of title 38,
                                                                                                 United States Code) in the covered location set forth under
                                                                                                 subsection (b) during the corresponding period set forth under
                                                                                                 such subsection; and
                                                                    List.                             (2) a list of toxic substances, chemicals, ionizing radiation,
                                                                                                 and airborne hazards such individuals may have been exposed
                                                                                                 to during such service.
                                                                                                 (b) COVERED LOCATION AND CORRESPONDING PERIOD.—The cov-
                                                                                            ered location and corresponding period set forth under this sub-
                                                                                            section are Karshi-Khanabad (K2) Air Base in Uzbekistan and
                                                                                            the period beginning on October 1, 2001, and ending on September
                                                                                            30, 2005.
                                                                                                 (c) ELEMENTS.—The study conducted under subsection (a) shall
                                                                                            include the following:
                                                                    Assessment.                       (1) An assessment regarding the conditions of the covered
                                                                                                 location set forth under subsection (b), including an identifica-
                                                                                                 tion of toxic substances, chemicals, ionizing radiation, and air-
                                                                                                 borne hazards contaminating such covered location during such
                                                                                                 corresponding period.
                                                                                                      (2) An epidemiological study of the health consequences
                                                                                                 of the service described in subsection (a) to the individuals
                                                                                                 described in such subsection.
                                                                                                 (d) SUPPORT FOR STUDY.—
                                                                                                      (1) IN GENERAL.—The Secretary shall provide the Adminis-
                                                                                                 trator with assistance in carrying out the study required by
                                                                                                 subsection (a), including by gathering such information as the
                                                                                                 Administrator may consider useful in carrying out the study.
                                                                                                      (2) OBTAINING INFORMATION CONCERNING EXPOSURE.—
                                                                                                 Assistance under paragraph (1) provided by the Secretary of
                                                                                                 Veterans Affairs shall include compiling information on expo-
                                                                                                 sure described in subsection (a)(2) and the Secretary of Defense
                                                                                                 shall provide to the Secretary of Veterans Affairs such informa-




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                                                                                                 tion concerning such exposure as the Secretary of Veterans
                                                                                                 Affairs considers appropriate for purposes of the study required




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4979

                                                                         by subsection (a), including environmental sampling data rel-
                                                                         ative to any location covered by the study.
                                                                         (e) BIENNIAL UPDATES.—No later than the date that is two                                         Deadline.
                                                                    years after the date of the enactment of this Act and not less
                                                                    frequently than once every two years thereafter until the date
                                                                    on which the study required by subsection (a) is completed, the
                                                                    Administrator shall submit to the appropriate committees of Con-
                                                                    gress updates on the status of the matters covered by such study,
                                                                    including any preliminary findings of the Administrator.
                                                                         (f) FINAL REPORT.—Not later than 60 days after the date on
                                                                    which the study required by subsection (a) is completed, the
                                                                    Administrator shall submit to the appropriate committees of Con-
                                                                    gress a report on the findings of the Administrator with respect
                                                                    to such study.
                                                                         (g) INCLUSION OF UZBEKISTAN IN CERTAIN REGISTRIES AND PRO-
                                                                    GRAMS.—Section 201(c)(2) of the Dignified Burial and Other Vet-
                                                                    erans’ Benefits Improvement Act of 2012 (Public Law 112–260;
                                                                    38 U.S.C. 527 note) is amended, in the matter preceding subpara-
                                                                    graph (A), by striking ‘‘Afghanistan or Iraq’’ and inserting ‘‘Afghani-
                                                                    stan, Iraq, or Uzbekistan’’.
                                                                         (h) DEPLETED URANIUM FOLLOW-UP PROGRAMS.—The Secretary
                                                                    of Veterans Affairs shall ensure that any individual who deployed
                                                                    as a member of the Armed Forces to the covered location set
                                                                    forth in subsection (b) during the corresponding period set forth
                                                                    in such subsection is covered by the Depleted Uranium Follow-
                                                                    up Programs of the Department of Veterans Affairs.
                                                                         (i) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
                                                                    section, the term ‘‘appropriate committees of Congress’’ means—
                                                                              (1) the Committee on Veterans’ Affairs and the Committee
                                                                         on Armed Services of the Senate; and
                                                                              (2) the Committee on Veterans’ Affairs and the Committee
                                                                         on Armed Services of the House of Representatives.
                                                                    SEC. 2011. COMPTROLLER GENERAL BRIEFING AND REPORT ON                                                 38 USC 1116
                                                                               REPEALING MANIFESTATION PERIOD FOR PRESUMP-                                                note.
                                                                               TIONS OF SERVICE CONNECTION FOR CERTAIN DISEASES
                                                                               ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE
                                                                               AGENTS.
                                                                         (a) IN GENERAL.—Not later than one year after the date of                                        Deadline.
                                                                    the enactment of this Act, the Comptroller General of the United
                                                                    States shall provide to the Committee on Veterans’ Affairs of the
                                                                    Senate and the Committee on Veterans’ Affairs of the House of
                                                                    Representatives a briefing on preliminary observations of the Comp-
                                                                    troller General, and not later than 240 days after the date of
                                                                    such briefing, provide such committees a briefing and submit to
                                                                    such committees a final report, on the efforts of the Secretary
                                                                    of Veterans Affairs to provide benefits, including compensation and
                                                                    health care, to veterans—
                                                                              (1) who during active military, naval, or air service, served                               Time period.
                                                                         in the Republic of Vietnam during the period beginning on
                                                                         January 9, 1962, and ending on May 7, 1975; and
                                                                              (2) in whom chloracne, porphyria cutanea tarda, or acute
                                                                         or subacute peripheral neuropathy have manifested.




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                                                                         (b) ELEMENTS.—The report required by subsection (a) shall
                                                                    include the following:




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                                                                    134 STAT. 4980                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                      (1) A description of how the Secretary establishes a service
                                                                                                 connection for a diseases described in paragraph (2) of sub-
                                                                                                 section (a) manifesting in veterans, including the number of
                                                                                                 veterans described in paragraph (1) of such subsection who
                                                                                                 have filed a claim for a benefit associated with a disease
                                                                                                 described in paragraph (2) of such subsection.
                                                                                                      (2) A description of how claims adjudicators of the Depart-
                                                                                                 ment of Veterans Affairs determine service connection for a
                                                                                                 disease described in subparagraph (C) or (E) of section
                                                                                                 1116(a)(2) of title 38, United States Code, when documentation
                                                                                                 proving the presence of the disease during the manifestation
                                                                                                 period set forth in such subparagraphs for the disease is not
                                                                                                 available.
                                                                    Cost estimate.                    (3) A description of the expected effect of repealing the
                                                                    Review.                      manifestation period from such subparagraphs, including the
                                                                                                 expected effect on the number of claims for benefits the Depart-
                                                                                                 ment will receive, an estimate of the cost to the Department
                                                                                                 of such repeal, and a review of the scientific evidence regarding
                                                                                                 such repeal.
                                                                    Review.                           (4) A review of all claims submitted to the Secretary for
                                                                                                 compensation under chapter 11 of such title that are associated
                                                                                                 with a disease described in subsection (a)(2), including the
                                                                                                 type of proof presented to establish a service connection for
                                                                                                 the manifestation of the disease based on exposure to a herbi-
                                                                                                 cide agent.
                                                                    Recommenda-                       (5) Recommendations on how the Department can better
                                                                    tions.                       adjudicate claims for benefits, including compensation, sub-
                                                                                                 mitted to the Department that are associated with a disease
                                                                                                 described in paragraph (2) of subsection (a) for veterans
                                                                                                 described in paragraph (1) of such subsection.
                                                                    Assessment.                       (6) An assessment of such other areas as the Comptroller
                                                                                                 General considers appropriate to study.
                                                                    Deadline.                    (c) ADMINISTRATIVE ACTION.—Not later than 120 days after
                                                                                            the date on which the Comptroller General of the United States
                                                                                            submits the report required under subsection (a), the Secretary
                                                                                            shall commence carrying out the recommendations submitted under
                                                                                            subsection (b)(5) to the degree that the Secretary is authorized
                                                                                            to carry out the recommendations by a statute that was in effect
                                                                                            on the day before the date of the enactment of this Act.
                                                                                                 (d) HERBICIDE AGENT DEFINED.—In this section, the term
                                                                                            ‘‘herbicide agent’’ has the meaning given such term in section
                                                                                            1116(a)(3) of title 38, United States Code.
                                                                                            SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS
                                                                                                        AFFAIRS TO USE INCOME INFORMATION FROM OTHER
                                                                                                        AGENCIES.
                                                                                                Section 5317(g) of title 38, United States Code, is amended
                                                                                            by striking ‘‘September 30, 2027’’ and inserting ‘‘September 30,
                                                                                            2030’’.
                                                                                            SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF PENSION.
                                                                                                Section 5503(d)(7) of title 38, United States Code, is amended
                                                                                            by striking ‘‘September 30, 2028’’ and inserting ‘‘October 30, 2028’’.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4981

                                                                                                  Subtitle B—Housing
                                                                    SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RESERVE
                                                                                COMPONENTS OF THE ARMED FORCES FOR HOME LOANS
                                                                                FROM THE SECRETARY OF VETERANS AFFAIRS.
                                                                         (a) EXPANSION OF DEFINITION OF VETERAN FOR PURPOSES OF
                                                                    HOME LOANS.—Section 3701(b) of title 38, United States Code,
                                                                    is amended by adding at the end the following new paragraph:
                                                                              ‘‘(7) The term ‘veteran’ also includes, for purposes of home
                                                                         loans, an individual who performed full-time National Guard
                                                                         duty (as that term is defined in section 101 of title 10) for
                                                                         a period—
                                                                                    ‘‘(A) of not less than 90 cumulative days; and
                                                                                    ‘‘(B) that includes 30 consecutive days.’’.
                                                                         (b) EXPANSION OF ELIGIBILITY.—Section 3702(a)(2) of such title
                                                                    is amended by adding at the end the following new subparagraph:
                                                                              ‘‘(G) Each individual described in section 3701(b)(7) of this
                                                                         title.’’.
                                                                         (c) RETROACTIVE APPLICABILITY.—The amendments made by                                            38 USC 3701
                                                                    this section shall apply with respect to full-time National Guard                                     note.
                                                                    duty (as defined in section 101 of title 10, United States Code)
                                                                    performed before, on, or after the date of the enactment of this
                                                                    Act.
                                                                    SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED
                                                                                 BY MAJOR DISASTERS.
                                                                           Section 3729(b)(4) of title 38, United States Code, is amended—
                                                                                (1) by amending subparagraph (D) to read as follows:
                                                                                ‘‘(D)(i) The term ‘initial loan’ means a loan to a veteran                                Definition.
                                                                           guaranteed under section 3710 or made under section 3711
                                                                           of this title if the veteran has never obtained a loan guaranteed
                                                                           under section 3710 or made under section 3711 of this title.
                                                                                ‘‘(ii) If a veteran has obtained a loan guaranteed under
                                                                           section 3710 or made under section 3711 of this title and
                                                                           the dwelling securing such loan was substantially damaged
                                                                           or destroyed by a major disaster declared by the President
                                                                           under section 401 of the Robert T. Stafford Disaster Relief
                                                                           and Emergency Assistance Act (42 U.S.C. 5170), the Secretary
                                                                           shall treat as an initial loan, as defined in clause (i), the
                                                                           next loan the Secretary guarantees or makes to such veteran
                                                                           under section 3710 or 3711, respectively, if—
                                                                                       ‘‘(I) such loan is guaranteed or made before the date
                                                                                that is three years after the date on which the dwelling
                                                                                was substantially damaged or destroyed; and
                                                                                       ‘‘(II) such loan is only for repairs or construction of                            Determination.
                                                                                the dwelling, as determined by the Secretary.’’; and
                                                                                (2) in subparagraph (E), by striking ‘‘if the veteran has
                                                                           previously obtained a loan guaranteed under section 3710 or
                                                                           made under section 3711 of this title’’ and inserting ‘‘that
                                                                           is not an initial loan’’.
                                                                    SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES.
                                                                         Section 3729(b)(2) of title 38, United States Code, is amended




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                                                                    by striking ‘‘October 1, 2029’’ each place it appears and inserting
                                                                    ‘‘October 1, 2030’’.




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                                                                    134 STAT. 4982                             PUBLIC LAW 116–315—JAN. 5, 2021
                                                                                            SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED
                                                                                                        HOUSING ASSISTANCE.
                                                                                                  Section 2102 of title 38, United States Code, is amended by
                                                                                            adding at the end the following new subsection:
                                                                    Determination.                ‘‘(g)(1) Whenever the Secretary finds that an overpayment has
                                                                                            been made to, or on behalf of, a person described in paragraph
                                                                                            (2), the Secretary shall determine—
                                                                                                        ‘‘(A) the amounts to recover, if any; and
                                                                                                        ‘‘(B) who is liable to the United States for such overpay-
                                                                                                  ment.
                                                                                                  ‘‘(2) A person described in this paragraph is any of the following:
                                                                                                        ‘‘(A) An individual who applied for assistance—
                                                                                                              ‘‘(i) under this chapter; or
                                                                                                              ‘‘(ii) under chapter 31 of this title who is pursuing
                                                                                                        a rehabilitation program under such chapter in acquiring
                                                                                                        adaptations to a residence.
                                                                                                        ‘‘(B) An owner or seller of real estate used, or intended
                                                                                                  to be used, in connection with assistance under this chapter.
                                                                                                        ‘‘(C) A builder, contractor, supplier, tradesperson, corpora-
                                                                                                  tion, trust, partnership, or other person, who provided services
                                                                                                  or goods relating to assistance under this chapter.
                                                                                                        ‘‘(D) An attorney, escrow agent, or financial institution,
                                                                                                  that receives, or holds in escrow, funds relating to assistance
                                                                                                  under this chapter.
                                                                                                        ‘‘(E) A surviving spouse, heir, assignee, or successor in
                                                                                                  interest of or to, any person described in this paragraph.
                                                                                                  ‘‘(3)(A) Any overpayment referred to in this subsection may
                                                                                            be recovered in the same manner as any other debt due the United
                                                                                            States.
                                                                                                  ‘‘(B) In recovering the overpayment, the Secretary may charge
                                                                                            administrative costs, fees, and interest, as appropriate, in a manner
                                                                                            similar to the authority under section 5315 of this title.
                                                                    Waiver authority.             ‘‘(4)(A) The recovery of any overpayment referred to in this
                                                                                            subsection may be waived by the Secretary.
                                                                                                  ‘‘(B) Waiver of any such overpayment as to a person described
                                                                                            in paragraph (2) shall in no way release any other person described
                                                                                            in such paragraph from liability.
                                                                    Waiver authority.             ‘‘(5) The Secretary shall waive recovery under this subsection
                                                                                            of any overpayment to a person described in paragraph (2)(A),
                                                                                            or a dependent or survivor of such person, that arises from adminis-
                                                                                            trative error described in paragraph (7)(A).
                                                                                                  ‘‘(6) Nothing in this subsection shall be construed as precluding
                                                                                            the imposition of any civil or criminal liability under this title
                                                                                            or any other law.
                                                                    Regulations.                  ‘‘(7) The Secretary shall prescribe in regulations what con-
                                                                                            stitutes an overpayment for the purposes of this subsection, which,
                                                                                            at a minimum, shall include—
                                                                                                        ‘‘(A) administrative error that results in an individual
                                                                                                  receiving assistance to which that individual is not entitled;
                                                                                                        ‘‘(B) the failure of any person described in paragraph (2)
                                                                                                  to—
                                                                                                              ‘‘(i) perform or allow to be performed any act relating
                                                                                                        to assistance under this chapter; or




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                                                                                                              ‘‘(ii) compensate any party performing services or sup-
                                                                                                        plying goods relating to assistance under this chapter; and




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4983

                                                                               ‘‘(C) any disbursement of funds relating to assistance under
                                                                         this chapter, that, in the sole discretion of the Secretary, con-
                                                                         stitutes a misuse of such assistance.
                                                                         ‘‘(8) Prior to collecting an overpayment under this subsection,
                                                                    the Secretary shall provide to the person whom the Secretary has
                                                                    determined liable for such overpayment—
                                                                               ‘‘(A) notice of the finding by the Secretary of such overpay-                              Notice.
                                                                         ment;
                                                                               ‘‘(B) a reasonable opportunity for such person to remedy
                                                                         the circumstances that effectuated the overpayment; and
                                                                               ‘‘(C) a reasonable opportunity for such person to present
                                                                         evidence to the Secretary that an overpayment was not made.
                                                                         ‘‘(9) For the purposes of section 511 of this title, a decision
                                                                    to collect an overpayment from a person other than a person
                                                                    described in paragraph (2)(A), or a dependent or survivor of such
                                                                    person, may not be treated as a decision that affects the provision
                                                                    of benefits.’’.

                                                                                         Subtitle C—Burial Matters
                                                                    SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO VETERANS’
                                                                                 CEMETERIES.
                                                                         (a) IN GENERAL.—Subsection (a) of section 2308 of title 38,
                                                                    United States Code, is amended by striking ‘‘in a national cemetery’’
                                                                    and inserting ‘‘in a national cemetery or a covered veterans’ ceme-
                                                                    tery’’.
                                                                         (b) COVERED VETERANS’ CEMETERY DEFINED.—Section 2308 of
                                                                    such title is amended by adding at the end the following new
                                                                    subsection:
                                                                         ‘‘(c) COVERED VETERANS’ CEMETERY DEFINED.—In this section,
                                                                    the term ‘covered veterans’ cemetery’ means a veterans’ cemetery—
                                                                               ‘‘(1) in which a deceased veteran described in subsection
                                                                         (b) is eligible to be buried;
                                                                               ‘‘(2) that—
                                                                                     ‘‘(A) is owned by a State; or
                                                                                     ‘‘(B) is on trust land owned by, or held in trust for,
                                                                               a tribal organization; and
                                                                               ‘‘(3) for which the Secretary has made a grant under section
                                                                         2408 of this title.’’.
                                                                         (c) CONFORMING AMENDMENT.—Section 2308 of such title is
                                                                    amended in the section heading by adding at the end the following:
                                                                    ‘‘or a covered veterans’ cemetery’’.
                                                                         (d) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    ning of chapter 23 of such title is amended by striking the item                                      38 USC 2301
                                                                    relating to section 2308 and inserting the following new item:                                        prec.

                                                                    ‘‘2308. Transportation of deceased veteran to a national cemetery or a covered vet-
                                                                                erans’ cemetery.’’.
                                                                         (e) EFFECTIVE DATE.—The amendments made by this section                                          38 USC 2308
                                                                    shall take effect on the date that is two years after the date                                        note.
                                                                    of the enactment of this Act.




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                                                                    134 STAT. 4984                             PUBLIC LAW 116–315—JAN. 5, 2021
                                                                                            SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS
                                                                                                         ADMINISTERED BY THE SECRETARY OF VETERANS
                                                                                                         AFFAIRS.
                                                                                                (a) FUNERAL EXPENSES FOR NON-SERVICE-CONNECTED DISABIL-
                                                                                            ITIES.—Chapter 23 of title 38, United States Code, is amended
                                                                                            as follows:
                                                                                                       (1) By transferring subsection (b) of section 2302 to the
                                                                                                 end of section 2303 and redesignating such subsection as sub-
                                                                                                 section (d).
                                                                                                       (2) By striking section 2302.
                                                                                                       (3) In section 2303—
                                                                                                             (A) in the section heading, by striking ‘‘Death in
                                                                                                       Department facility’’ and inserting ‘‘Death from non-
                                                                                                       service-connected disability’’; and
                                                                                                             (B) in subsection (a)—
                                                                                                                    (i) in paragraph (1), by striking ‘‘a veteran dies
                                                                                                             in a facility described in paragraph (2)’’ and inserting
                                                                                                             ‘‘a veteran described in paragraph (2) dies’’;
                                                                                                                    (ii) by striking paragraph (2) and inserting the
                                                                                                             following new paragraph (2):
                                                                                                 ‘‘(2) A veteran described in this paragraph is a deceased veteran
                                                                                            who is not covered by section 2307 of this title and who meets
                                                                                            any of the following criteria:
                                                                                                       ‘‘(A) The deceased veteran dies in—
                                                                                                             ‘‘(i) a facility of the Department (as defined in section
                                                                                                       1701(3) of this title) to which the deceased veteran was
                                                                                                       properly admitted for hospital, nursing home, or domiciliary
                                                                                                       care under section 1710 or 1711(a) of this title; or
                                                                                                             ‘‘(ii) an institution at which the deceased veteran was,
                                                                                                       at the time of death, receiving—
                                                                                                                    ‘‘(I) hospital care in accordance with sections
                                                                                                             1703A, 8111, and 8153 of this title;
                                                                                                                    ‘‘(II) nursing home care under section 1720 of this
                                                                                                             title; or
                                                                                                                    ‘‘(III) nursing home care for which payments are
                                                                                                             made under section 1741 of this title.
                                                                                                       ‘‘(B) At the time of death, the deceased veteran (including
                                                                                                 a person who died during a period deemed to be active military,
                                                                                                 naval, or air service under section 106(c) of this title) is in
                                                                                                 receipt of compensation under chapter 11 of this title (or but
                                                                                                 for the receipt of retirement pay would have been entitled
                                                                                                 to such compensation) or was in receipt of pension under
                                                                                                 chapter 15 of this title.
                                                                    Determination.                     ‘‘(C) The Secretary determines—
                                                                                                             ‘‘(i) the deceased veteran (including a person who died
                                                                                                       during a period deemed to be active military, naval, or
                                                                                                       air service under section 106(c) of this title) has no next
                                                                                                       of kin or other person claiming the body of the deceased
                                                                                                       veteran; and
                                                                                                             ‘‘(ii) that there are not available sufficient resources
                                                                                                       to cover burial and funeral expenses.’’;
                                                                                                                    (iii) in subsection (b)—
                                                                                                                          (I) in the matter preceding paragraph (1), by
                                                                                                                    striking ‘‘section 2302 of this title and’’; and




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                                                                                                                          (II) in paragraph (2), by striking ‘‘under sec-
                                                                                                                    tion 2302 of this title or’’; and




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4985

                                                                                        (iv) in subsection (d), as added by paragraph (1)
                                                                                  of this subsection, by striking ‘‘Except as’’ and inserting
                                                                                  ‘‘With respect to a deceased veteran described in
                                                                                  subparagraph (B) or (C) of subsection (a)(2), except
                                                                                  as’’.
                                                                        (b) CONFORMING AMENDMENTS.—
                                                                             (1) TITLE 38.—Such title is amended as follows:
                                                                                  (A) In section 2304, by striking ‘‘Applications for pay-
                                                                             ments under section 2302 of this title’’ and inserting
                                                                             ‘‘Applications for payments under section 2303 of this title
                                                                             regarding veterans described in subparagraph (B) or (C)
                                                                             of subsection (a)(2) of such section’’.
                                                                                  (B) In section 2307, by striking ‘‘sections 2302 and
                                                                             2303(a)(1) and (b)(2) of this title’’ and inserting ‘‘subsections
                                                                             (a)(1) and (b)(2) of section 2303 of this title’’.
                                                                                  (C) In section 2308—
                                                                                        (i) in subsection (a), by striking ‘‘pursuant to sec-
                                                                                  tion 2302 or 2307 of this title,’’ and inserting ‘‘pursuant
                                                                                  to section 2303 of this title regarding veterans
                                                                                  described in subparagraph (B) or (C) of subsection
                                                                                  (a)(2) of such section, or pursuant to section 2307 of
                                                                                  this title,’’; and
                                                                                        (ii) in subsection (b)(3)—
                                                                                              (I) by striking ‘‘section 2302’’ and inserting
                                                                                        ‘‘section 2303’’; and
                                                                                              (II) by striking ‘‘subsection (a)(2)(A)’’ and
                                                                                        inserting ‘‘subsection (a)(2)(C)’’.
                                                                                  (D) In section 113(c)(1), by striking ‘‘2302,’’.
                                                                                  (E) In section 5101(a)(1)(B)(i), by striking ‘‘2302’’ and
                                                                             inserting ‘‘2303’’.
                                                                             (2) EMERGENCY MEDICAL CARE.—Section 11 of the Military
                                                                        Selective Service Act (50 U.S.C. 3810) is amended by striking
                                                                        ‘‘section 2302(a) of title 38’’ and inserting ‘‘section 2303 of
                                                                        title 38, United States Code, regarding veterans described in
                                                                        subparagraph (B) or (C) of subsection (a)(2) of such section’’.
                                                                        (c) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    ning of chapter 23 of such title is amended by striking the items                                     38 USC 2301
                                                                    relating to sections 2302 and 2303 and inserting the following                                        prec.
                                                                    new item:
                                                                    ‘‘2303. Death from non-service-connected disability; plot allowance.’’.
                                                                        (d) EFFECTIVE DATE.—The amendments made by this section                                           38 USC 113 note.
                                                                    shall apply to deaths that occur on or after the date that is two
                                                                    years after the date of the enactment of this Act.
                                                                    SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN
                                                                                CEMETERIES THAT ARE THE SUBJECTS OF CERTAIN
                                                                                GRANTS MADE BY THE SECRETARY OF VETERANS
                                                                                AFFAIRS.
                                                                       (a) IN GENERAL.—Section 2306(e) of title 38, United States
                                                                    Code, is amended—
                                                                             (1) in paragraph (1)—
                                                                                  (A) in subparagraph (A)—
                                                                                       (i) by striking ‘‘shall’’ and inserting ‘‘may’’; and




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                                                                                       (ii) by inserting ‘‘, or in a cemetery that is the
                                                                                  subject of a grant to a State or a tribal organization




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                                                                    134 STAT. 4986                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                           under section 2408 of this title,’’ after ‘‘National Ceme-
                                                                                                           tery Administration’’; and
                                                                                                           (B) in subparagraph (C), by striking ‘‘shall’’ and
                                                                                                       inserting ‘‘may’’; and
                                                                                                       (2) by striking paragraph (2) and inserting the following
                                                                                                 new paragraph (2):
                                                                    Regulations.                 ‘‘(2)(A) The use of outer burial receptacles in a cemetery under
                                                                    Procedures.             the control of the National Cemetery Administration or in a ceme-
                                                                                            tery that is the subject of a grant to a State or a tribal organization
                                                                                            under section 2408 of this title shall be in accordance with regula-
                                                                                            tions or procedures approved by the Secretary of Veterans Affairs.
                                                                                                 ‘‘(B) The use of outer burial receptacles in Arlington National
                                                                                            Cemetery shall be in accordance with regulations or procedures
                                                                                            approved by the Secretary of the Army.
                                                                                                 ‘‘(C) The use of outer burial receptacles in a national cemetery
                                                                                            administered by the National Park Service shall be in accordance
                                                                                            with regulations or procedures approved by the Secretary of the
                                                                                            Interior.’’.
                                                                    38 USC 2306                  (b) EFFECTIVE DATE.—The amendments made by this section
                                                                    note.                   shall take effect on the date that is two years after the date
                                                                                            of the enactment of this Act.
                                                                                            SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN
                                                                                                         ON CERTAIN HEADSTONES AND MARKERS FURNISHED BY
                                                                                                         THE SECRETARY OF VETERANS AFFAIRS.
                                                                                                 (a) IN GENERAL.—Section 2306 of title 38, United States Code,
                                                                                            is amended—
                                                                                                       (1) by redesignating subsection (i) as subsection (j); and
                                                                                                       (2) by inserting after subsection (h) the following new sub-
                                                                                                 section (i):
                                                                                                 ‘‘(i)(1) In addition to any other authority under this section,
                                                                                            in the case of an individual whose grave is not in a covered cemetery
                                                                                            (as that term is defined in subsection (f)(2)) and for whom the
                                                                                            Secretary has furnished a headstone or marker under subsection
                                                                                            (a) or (d), the Secretary, if feasible and upon request, may replace
                                                                                            the headstone or marker to add an inscription for the surviving
                                                                                            spouse or eligible dependent child of such individual following the
                                                                                            death of the surviving spouse or eligible dependent child.
                                                                                                 ‘‘(2) If the spouse or eligible dependent child of an individual
                                                                                            referred to in paragraph (1) predeceases the individual, the Sec-
                                                                                            retary may, if feasible and upon request, include an inscription
                                                                                            for the spouse or dependent child on the headstone or marker
                                                                                            furnished for the individual under subsection (a) or (d).’’.
                                                                    38 USC 2306                  (b) APPLICATION.—Subsection (i) of section 2306 of title 38,
                                                                    note.                   United States Code, as added by subsection (a), shall apply with
                                                                                            respect to an individual who dies on or after October 1, 2019.
                                                                                            SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPANSION, AND
                                                                                                         IMPROVEMENT OF VETERANS’ CEMETERIES.
                                                                                                (a) IN GENERAL.—Section 2408 of title 38, United States Code,
                                                                                            is amended—
                                                                                                     (1) by inserting ‘‘or county’’ after ‘‘State’’ each place it
                                                                                                appears;
                                                                                                     (2) in subsection (a)(1), in the matter preceding subpara-
                                                                                                graph (A), by striking ‘‘subsection (b)’’ and inserting ‘‘sub-




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                                                                                                sections (b), (c), (d), and (g)’’;
                                                                                                     (3) by adding at the end the following new subsection:




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4987

                                                                         ‘‘(g)(1) The Secretary may make a grant to a county under                                        Grants.
                                                                    this section only if—
                                                                         ‘‘(A)(i) the State in which the county is located does not have
                                                                    a veterans’ cemetery owned by the State;
                                                                         ‘‘(ii) the State is not in receipt of a grant under this section
                                                                    for the construction of a new veterans’ cemetery to be owned by
                                                                    the State;
                                                                         ‘‘(iii) the State did not apply for a grant under this section
                                                                    during the previous year;
                                                                         ‘‘(iv) no tribal organization from the State in which the county
                                                                    is located has a veterans’ cemetery on trust land owned by, or
                                                                    held in trust for, the tribal organization;
                                                                         ‘‘(v) no such tribal organization is in receipt of a grant under
                                                                    this section for the construction of a new veterans’ cemetery to
                                                                    be located on such land; and
                                                                         ‘‘(vi) no such tribal organization applied for a grant under
                                                                    this section during the previous year; and
                                                                         ‘‘(B) the county demonstrates in the application under sub-
                                                                    section (a)(2), to the satisfaction of the Secretary, that the county
                                                                    has the resources necessary to operate and maintain the veterans’
                                                                    cemetery owned by the county.
                                                                         ‘‘(2)(A) If a county and the State in which the county is located
                                                                    both apply for a grant under this section for the same year, the
                                                                    Secretary shall give priority to the State.
                                                                         ‘‘(B) If a county and a tribal organization from the State in
                                                                    which the county is located both apply for a grant under this
                                                                    section for the same year, the Secretary shall give priority to
                                                                    the tribal organization.
                                                                         ‘‘(3) The Secretary shall prescribe regulations to carry out this                                Regulations.
                                                                    subsection.’’; and
                                                                                (4) in subsection (f)—
                                                                                      (A) by redesignating paragraph (3) as subsection (h);
                                                                                      (B) by moving such subsection, as so redesignated,
                                                                                to the location after subsection (g), as added by paragraph
                                                                                (3);
                                                                                      (C) in subsection (h), as so redesignated and moved,
                                                                                by redesignating subparagraphs (A) and (B) as paragraphs
                                                                                (1) and (2), respectively; and
                                                                                      (D) in the matter preceding paragraph (1), as so
                                                                                redesignated, by striking ‘‘this subsection’’ and inserting
                                                                                ‘‘this section’’.
                                                                         (b) CLERICAL AMENDMENTS.—
                                                                                (1) SECTION HEADING.—The heading of such section is
                                                                         amended by inserting ‘‘, counties, and tribal organizations’’
                                                                         after ‘‘States’’.
                                                                                (2) TABLE OF SECTIONS.—The table of sections at the begin-
                                                                         ning of chapter 24 of such title is amended by striking the                                      38 USC 2400
                                                                         item relating to section 2408 and inserting the following new                                    prec.
                                                                         item:
                                                                    ‘‘2408. Aid to States, counties, and tribal organizations for establishment, expansion,
                                                                                 and improvement of veterans’ cemeteries.’’.
                                                                         (c) EFFECTIVE DATE.—The amendments made by this section                                          38 USC 2408




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                                                                    shall take on effect on the date that is two years after the date                                     note.
                                                                    of the enactment of this Act.




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                                                                    134 STAT. 4988                             PUBLIC LAW 116–315—JAN. 5, 2021
                                                                                            SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES,
                                                                                                         COUNTIES, AND TRIBAL ORGANIZATIONS FOR OPERATING
                                                                                                         AND MAINTAINING VETERANS’ CEMETERIES.
                                                                                                Section 2408(e)(2) of title 38, United States Code, is amended
                                                                                            by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’.
                                                                                            SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE PLAQUES FOR
                                                                                                         REMAINS OF CERTAIN VETERANS WHOSE CREMATED
                                                                                                         REMAINS ARE NOT INTERRED IN CERTAIN CEMETERIES.
                                                                                                 (a) IN GENERAL.—Section 2306 of title 38, United States Code,
                                                                                            as amended by section 2204 of this title, is further amended—
                                                                                                       (1) by redesignating subsections (h), (i), and (j) as sub-
                                                                                                 sections (i), (j), and (k), respectively; and
                                                                                                       (2) by inserting after subsection (g) the following new sub-
                                                                                                 section (h):
                                                                                                 ‘‘(h)(1) In lieu of furnishing a headstone or marker under this
                                                                                            section for a deceased individual described in paragraph (3), the
                                                                                            Secretary shall furnish, upon request and at the expense of the
                                                                                            United States—
                                                                                                       ‘‘(A) an urn made of any material to signify the individual’s
                                                                                                 status as a veteran, in which the remains of such individual
                                                                                                 may be placed at private expense; or
                                                                                                       ‘‘(B) a commemorative plaque signifying the individual’s
                                                                                                 status as a veteran.
                                                                                                 ‘‘(2) If the Secretary furnishes an urn or commemorative plaque
                                                                                            for an individual under paragraph (1), the Secretary may not pro-
                                                                                            vide for such individual—
                                                                                                       ‘‘(A) a headstone or marker under this section; or
                                                                                                       ‘‘(B) any burial benefit under section 2402 of this title.
                                                                                                 ‘‘(3) A deceased individual described in this paragraph is an
                                                                                            individual—
                                                                                                       ‘‘(A) who served in the Armed Forces on or after April
                                                                                                 6, 1917;
                                                                                                       ‘‘(B) who is eligible for a headstone or marker furnished
                                                                                                 under subsection (d) (or would be so eligible but for the date
                                                                                                 of the death of the individual); and
                                                                                                       ‘‘(C) whose remains were cremated and not interred in
                                                                                                 a national cemetery, a State veterans’ cemetery, a tribal ceme-
                                                                                                 tery, a county cemetery, or a private cemetery.
                                                                                                 ‘‘(4)(A) Any urn or commemorative plaque furnished under this
                                                                                            subsection shall be the personal property of the next of kin or
                                                                                            such other individual as the Secretary considers appropriate.
                                                                                                 ‘‘(B) The Federal Government shall not be liable for any damage
                                                                                            to an urn or commemorative plaque furnished under this subsection
                                                                                            that occurs after the date on which the urn or commemorative
                                                                                            plaque is so furnished.
                                                                    Regulations.                 ‘‘(5) The Secretary shall prescribe regulations to carry out this
                                                                                            subsection.’’.
                                                                    38 USC 2306                  (b) EFFECTIVE DATE.—The amendments made by this section
                                                                    note.                   shall take on effect on the date that is two years after the date
                                                                                            of the enactment of this Act.
                                                                                            SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS’ CEMETERY
                                                                                                        PERSONNEL BY NATIONAL CEMETERY ADMINISTRATION.
                                                                                                (a) IN GENERAL.—Section 2408 of title 38, United States Code,




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                                                                                            as amended by sections 2205 and 2206 of this title, is further
                                                                                            amended—




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4989

                                                                               (1) in subsection (b)(1)—
                                                                                    (A) in subparagraph (A)—
                                                                                           (i) by striking ‘‘and (ii) the cost’’ and inserting
                                                                                    ‘‘(ii) the cost’’; and
                                                                                           (ii) by inserting ‘‘; and (iii) training costs described
                                                                                    in subsection (c)(1)’’ before the semicolon; and
                                                                                    (B) in subparagraph (B)—
                                                                                           (i) by striking ‘‘and (ii) the cost’’ and inserting
                                                                                    ‘‘(ii) the cost’’; and
                                                                                           (ii) by inserting ‘‘; and (iii) training costs described
                                                                                    in subsection (c)(1)’’ before the period;
                                                                               (2) by redesignating subsections (c) through (h) as sub-
                                                                         sections (d) through (i), respectively; and
                                                                               (3) by inserting after subsection (b) the following new sub-
                                                                         section (c):
                                                                         ‘‘(c)(1) A grant under this section for a purpose described in                                   Grants.
                                                                    subparagraph (A) or (B) of subsection (a)(1) may be used, solely
                                                                    or in part, for training costs, including travel expenses and up
                                                                    to four weeks of lodging expenses, associated with attendance by
                                                                    employees of a veterans’ cemetery owned by a State or on trust
                                                                    land owned by, or held in trust for, a tribal organization at training
                                                                    provided by the National Cemetery Administration.
                                                                         ‘‘(2) Any employee described in paragraph (1) who participates                                   Determination.
                                                                    in training described in such paragraph shall fulfill a service
                                                                    requirement as determined by the Secretary.
                                                                         ‘‘(3) The Secretary may by regulation prescribe such additional                                  Regulations.
                                                                    terms and conditions for grants used for training costs under this
                                                                    subsection as the Secretary considers appropriate.’’.
                                                                         (b) REPORTS.—
                                                                               (1) IN GENERAL.—Not later than each of two years and
                                                                         five years after the date of the enactment of this Act, the
                                                                         Secretary of Veterans Affairs shall submit to the Committee
                                                                         on Veterans’ Affairs of the Senate and the Committee on Vet-
                                                                         erans’ Affairs of the House of Representatives a report on
                                                                         training provided by the National Cemetery Administration
                                                                         under subsection (c) of section 2408 of title 38, United States
                                                                         Code, as added by subsection (a).
                                                                               (2) ELEMENTS.—The report required by paragraph (1) shall
                                                                         include the following:
                                                                                    (A) The attrition rate with respect to individuals who
                                                                               participate in the training described in paragraph (1).
                                                                                    (B) A description of how State and tribal veterans’
                                                                               cemeteries that used grants awarded under section 2408
                                                                               of title 38, United States Code, for training costs under
                                                                               subsection (c) of such section, as added by subsection (a),
                                                                               have improved as a result of the training, according to
                                                                               the administrators of such cemeteries.
                                                                                    (C) An identification of how many State and tribal
                                                                               veterans’ cemeteries used the authority provided by sub-
                                                                               section (c) of section 2408 of title 38, United States Code,
                                                                               as added by subsection (a), in order to train individuals.
                                                                                    (D) The amount obligated or expended as a result
                                                                               of the authority described in subparagraph (C).




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                                                                    134 STAT. 4990                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                               TITLE III—HEALTH CARE
                                                                                                       Subtitle A—Health Care Generally
                                                                                            SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DIRECTED
                                                                                                        CARE PROGRAM.
                                                                                                 Section 20006 of the Coronavirus Aid, Relief, and Economic
                                                                    Ante, p. 587.           Security Act (Public Law 116–136) is amended—
                                                                                                       (1) by striking ‘‘During a public health emergency’’ each
                                                                                                 place it appears and inserting ‘‘During the period specified
                                                                                                 in subsection (f)’’;
                                                                                                       (2) in subsection (a)—
                                                                                                             (A) in the matter preceding paragraph (1), by striking
                                                                                                       ‘‘during a public health emergency’’ and inserting ‘‘during
                                                                                                       the period specified in subsection (f)’’; and
                                                                                                             (B) in paragraph (1), by striking ‘‘an area agency on
                                                                                                       aging’’ and inserting ‘‘a covered provider’’; and
                                                                                                       (3) by striking subsection (e) and inserting the following
                                                                                                 new subsections:
                                                                                                 ‘‘(e) TRANSFER OF CERTAIN VETERANS TO THE PROGRAM.—
                                                                                            During the period specified in subsection (f), the Secretary shall
                                                                                            allow a veteran residing in an area covered by the Program to
                                                                                            be transferred to the Program for the duration of such period
                                                                                            if—
                                                                                                       ‘‘(1) the veteran had been receiving extended care services
                                                                                                 paid for by the Department, such as adult day services or
                                                                                                 homemaker or home health aide services, immediately pre-
                                                                                                 ceding such period; and
                                                                                                       ‘‘(2) those services are no longer available due to a public
                                                                                                 health emergency.
                                                                                                 ‘‘(f) PERIOD SPECIFIED.—The period specified in this subsection
                                                                                            is the period beginning on the date on which a public health
                                                                                            emergency was first declared and ending on the date that is 60
                                                                                            days after the date on which a public health emergency is no
                                                                                            longer in effect.
                                                                                                 ‘‘(g) COVERED PROVIDER DEFINED.—In this section, the term
                                                                                            ‘covered provider’ means a provider participating in the Program,
                                                                                            including—
                                                                                                       ‘‘(1) an Aging and Disability Resource Center, an area
                                                                                                 agency on aging, or a State agency (as those terms are defined
                                                                                                 in section 102 of the Older Americans Act of 1965 (42 U.S.C.
                                                                                                 3002)); or
                                                                                                       ‘‘(2) a center for independent living (as defined in section
                                                                                                 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)).’’.
                                                                                            SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH CARE
                                                                                                       COPAYMENT BY THE SECRETARY OF VETERANS AFFAIRS
                                                                                                       FROM A VETERAN WHO IS A MEMBER OF AN INDIAN
                                                                                                       TRIBE.
                                                                                                (a) IN GENERAL.—Section 1730A of title 38, United States Code,
                                                                                            is amended—
                                                                                                     (1) in the heading, by striking ‘‘catastrophically dis-
                                                                                                abled’’ and inserting ‘‘certain’’;




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                                                                                                     (2) by inserting ‘‘(a) PROHIBITION.—’’ before ‘‘Notwith-
                                                                                                standing’’;




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4991

                                                                               (3) by striking ‘‘a veteran who is catastrophically disabled,
                                                                         as defined by the Secretary,’’ and inserting ‘‘a covered veteran’’;
                                                                         and
                                                                               (4) by adding at the end the following new subsection:
                                                                         ‘‘(b) COVERED VETERAN DEFINED.—In this section, the term
                                                                    ‘covered veteran’ means a veteran who—
                                                                               ‘‘(1) is catastrophically disabled, as defined by the Sec-
                                                                         retary; or
                                                                               ‘‘(2) is an Indian or urban Indian (as those terms are
                                                                         defined in section 4 of the Indian Health Care Improvement
                                                                         Act (25 U.S.C. 1603)).’’.
                                                                         (b) TECHNICAL AMENDMENT.—The table of sections at the begin-
                                                                    ning of chapter 17 of such title is amended by striking the item                                      38 USC 1701
                                                                    relating to section 1730A and inserting the following:                                                prec.

                                                                    ‘‘1730A. Prohibition on collection of copayments from certain veterans.’’.
                                                                        (c) EFFECTIVE DATE.—The amendments made by this section                                           38 USC 1730A
                                                                    shall take effect on the day that is one year after the date of                                       note.
                                                                    the enactment of this Act.
                                                                    SEC. 3003. OVERSIGHT FOR STATE HOMES REGARDING COVID–19                                               38 USC 1701
                                                                               INFECTIONS, RESPONSE CAPACITY, AND STAFFING                                                note.
                                                                               LEVELS.
                                                                           (a) REPORTING.—
                                                                                (1) IN GENERAL.—During a covered public health emer-
                                                                           gency, each State home shall submit weekly to the Secretary
                                                                           of Veterans Affairs and the National Healthcare Safety Network
                                                                           of the Centers for Disease Control and Prevention, through
                                                                           an electronic medium and in a standardized format specified
                                                                           by the Secretary, a report on the emergency.
                                                                                (2) ELEMENTS.—Each report required by paragraph (1) for                                   Assessments.
                                                                           a State home shall include the following:
                                                                                     (A) The number of suspected and confirmed COVID–
                                                                                19 infections among residents and staff, including residents
                                                                                previously treated for COVID–19, disaggregated by—
                                                                                         (i) veteran, spouse of a veteran, staff, and other;
                                                                                         (ii) race and ethnicity;
                                                                                         (iii) gender; and
                                                                                         (iv) age.
                                                                                     (B) The number of total deaths and COVID–19 deaths
                                                                                among residents and staff, disaggregated by—
                                                                                         (i) veteran, spouse of a veteran, staff, and other;
                                                                                         (ii) race and ethnicity;
                                                                                         (iii) gender; and
                                                                                         (iv) age.
                                                                                     (C) An assessment of the supply of personal protective
                                                                                equipment and hand hygiene supplies.
                                                                                     (D) An assessment of ventilator capacity and supplies.
                                                                                     (E) The number of resident beds and the occupancy
                                                                                rate, disaggregated by veteran, spouse of a veteran, and
                                                                                other.
                                                                                     (F) An assessment of the access of residents to testing
                                                                                for COVID–19.
                                                                                     (G) An assessment of staffing shortages, if any.
                                                                                     (H) Such other information as the Secretary may




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                                                                                specify.
                                                                           (b) PUBLICATION OF TOTAL INFECTIONS AND DEATHS.—




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                                                                    134 STAT. 4992                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    Deadlines.                          (1) IN GENERAL.—Not later than 30 days after the date
                                                                    Public                         of the enactment of this Act, and not less frequently than
                                                                    information.
                                                                    Web postings.                  weekly thereafter, the Secretary shall post on a publicly avail-
                                                                                                   able website of the Department of Veterans Affairs—
                                                                                                             (A) the total number of residents and staff of State
                                                                                                        homes who are infected with COVID–19; and
                                                                                                             (B) the total number of such residents and staff who
                                                                                                        have died from COVID–19.
                                                                                                        (2) INFORMATION ON RESIDENTS AND STAFF.—The Secretary
                                                                                                   shall disaggregate information on residents and staff published
                                                                                                   under paragraph (1) by veteran, staff, and other.
                                                                                                   (c) DEFINITIONS.—In this section:
                                                                                                        (1) COVERED PUBLIC HEALTH EMERGENCY.—The term ‘‘cov-
                                                                                                   ered public health emergency’’ means an emergency with
                                                                                                   respect to COVID–19 declared by a Federal, State, or local
                                                                                                   authority.
                                                                                                        (2) STATE HOME.—The term ‘‘State home’’ has the meaning
                                                                                                   given that term in section 101(19) of title 38, United States
                                                                                                   Code.
                                                                                            SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS.
                                                                                                 (a) STATE HOME DEFINED.—Section 101(19) of title 38, United
                                                                                            States Code, is amended by inserting ‘‘or Indian tribe (as defined
                                                                                            in section 4 of the Indian Self-Determination and Education Assist-
                                                                                            ance Act (25 U.S.C. 5304))’’ after ‘‘(other than a possession)’’.
                                                                                                 (b) PAYMENTS TO STATE HOMES.—Section 1741 of title 38,
                                                                                            United States Code, is amended by adding at the end the following
                                                                                            new subsection:
                                                                    Definition.                  ‘‘(g) In this subchapter, the term ‘State’ means each of the
                                                                                            several States and each Indian tribe (as defined in section 4 of
                                                                                            the Indian Self-Determination and Education Assistance Act (25
                                                                                            U.S.C. 5304)).’’.
                                                                                                 (c) STATE HOME CONSTRUCTION.—
                                                                                                       (1) IN GENERAL.—Section 8131(2) of title 38, United States
                                                                                                 Code, is amended by inserting ‘‘includes each Indian tribe (as
                                                                                                 defined in section 4 of the Indian Self-Determination and Edu-
                                                                                                 cation Assistance Act (25 U.S.C. 5304)) but’’ before ‘‘does not’’.
                                                                                                       (2) CONFORMING AMENDMENT.—Section 8132 of such title
                                                                                                 is amended by striking ‘‘several’’.
                                                                    38 USC 1741                  (d) ADDITIONAL LEGISLATIVE OR ADMINISTRATIVE ACTION.—
                                                                    note.                              (1) CONSULTATION WITH INDIAN TRIBES.—Not later than
                                                                    Deadline.                    180 days after the date of the enactment of this Act, the
                                                                    Determination.
                                                                                                 Secretary of Veterans Affairs shall consult with Indian tribes
                                                                                                 to determine if any legislative or administrative action is nec-
                                                                                                 essary to modify the State home program to function efficiently
                                                                                                 in support of State homes operated by Indian tribes pursuant
                                                                                                 to the amendments made by this section.
                                                                                                       (2) REPORT TO CONGRESS.—Not later than 90 days after
                                                                                                 completing consultations under paragraph (1), the Secretary
                                                                                                 shall submit to the appropriate committees of Congress a report
                                                                                                 recommending legislative action that the Secretary considers
                                                                                                 appropriate to modify the State home program described in
                                                                                                 such paragraph in light of those consultations.
                                                                    Deadline.                          (3) MODIFICATIONS.—Not later than 180 days after com-
                                                                                                 pleting consultations under paragraph (1), the Secretary shall




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                                                                                                 make any modifications to regulations implementing the State
                                                                                                 home program, for which legislative action is not necessary,




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4993

                                                                        as the Secretary considers appropriate in light of those consulta-
                                                                        tions.
                                                                        (e) TECHNICAL SUPPORT AND ASSISTANCE.—The Secretary of
                                                                    Veterans Affairs shall provide technical support and assistance
                                                                    to Indian tribes in carrying out the State home program at State
                                                                    homes operated by Indian tribes pursuant to the amendments made
                                                                    by this section.
                                                                        (f) DEFINITIONS.—In this section:
                                                                             (1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
                                                                        ‘‘appropriate committees of Congress’’ means—
                                                                                  (A) the Committee on Veterans’ Affairs and the Com-
                                                                             mittee on Indian Affairs of the Senate; and
                                                                                  (B) the Committee on Veterans’ Affairs and the Sub-
                                                                             committee for Indigenous Peoples of the United States
                                                                             of the Committee on Natural Resources of the House of
                                                                             Representatives.
                                                                             (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
                                                                        given that term in section 4 of the Indian Self-Determination
                                                                        and Education Assistance Act (25 U.S.C. 5304).
                                                                             (3) STATE HOME.—The term ‘‘State home’’ has the meaning
                                                                        given that term in section 101(19) of title 38, United States
                                                                        Code.
                                                                             (4) STATE HOME PROGRAM.—The term ‘‘State home pro-
                                                                        gram’’ means the program of the Department of Veterans
                                                                        Affairs for which payments are made under subchapter V of
                                                                        chapter 17 of title 38, United States Code, and assistance
                                                                        is provided under subchapter III of chapter 81 of such title.
                                                                    SEC.      3005.     CONTINUATION OF WOMEN’S HEALTH TRANSITION
                                                                                       TRAINING PROGRAM OF DEPARTMENT OF VETERANS
                                                                                       AFFAIRS.
                                                                         (a) DURATION.—The Secretary of Veterans Affairs shall carry                                      38 USC 6303
                                                                    out the Women’s Health Transition Training program of the Depart-                                     note.
                                                                    ment of Veterans Affairs (in this section referred to as the ‘‘Pro-
                                                                    gram’’) until at least one year after the date of the enactment
                                                                    of this Act.
                                                                         (b) REPORT.—Not later than one year and ten days after the
                                                                    date of the enactment of this Act, the Secretary of Defense and
                                                                    the Secretary of Veterans Affairs shall jointly submit to the appro-
                                                                    priate congressional committees a report on the Program that
                                                                    includes the following:
                                                                              (1) The number of women members of the Armed Forces,
                                                                         disaggregated by military department (with respect to the
                                                                         Department of the Navy, disaggregated by the Navy and Marine
                                                                         Corps), who participated in the Program.
                                                                              (2) The number of courses held under the Program.
                                                                              (3) The locations at which such courses were held, the
                                                                         number of seats available for such courses, and the number
                                                                         of participants at each such location.
                                                                              (4) With respect to the number of members of the Armed
                                                                         Forces who participated in the Program as specified under
                                                                         paragraph (1)—
                                                                                   (A) the number who enrolled in the health care system




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                                                                              of the Department of Veterans Affairs under section 1705(a)
                                                                              of title 38, United States Code; and




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                                                                    134 STAT. 4994                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                              (B) the number who attended at least one health care
                                                                                                         appointment at a medical facility of the Department of
                                                                                                         Veterans Affairs.
                                                                                                         (5) Data relating to—
                                                                                                              (A) satisfaction with courses held under the Program;
                                                                                                              (B) improved awareness of health care services
                                                                                                         administered by the Secretary of Veterans Affairs; and
                                                                                                              (C) any other available statistics regarding the Pro-
                                                                                                         gram.
                                                                                                         (6) A discussion of regulatory, legal, or resource barriers
                                                                                                   to—
                                                                                                         (A) making the Program permanent to enable access
                                                                                                    to services provided under the Program by a greater
                                                                                                    number of women members of the Armed Forces at loca-
                                                                                                    tions throughout the United States;
                                                                                                         (B) offering the Program online for women members
                                                                                                    of the Armed Forces who are unable to attend courses
                                                                                                    held under the Program in person; and
                                                                                                         (C) the feasability of automatically enrolling Program
                                                                                                    participants in the health care system of the Department
                                                                                                    of Veterans Affairs under section 1705(a) of title 38, United
                                                                                                    States Code.
                                                                                                (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
                                                                                            this section, the term ‘‘appropriate congressional committees’’
                                                                                            means—
                                                                                                    (1) the Committee on Armed Services and the Committee
                                                                                                on Veterans’ Affairs of the Senate; and
                                                                                                    (2) the Committee on Armed Services and the Committee
                                                                                                on Veterans’ Affairs of the House of Representatives.
                                                                                            SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO
                                                                                                        FURNISH MEDICALLY NECESSARY TRANSPORTATION FOR
                                                                                                        NEWBORN CHILDREN OF CERTAIN WOMEN VETERANS.
                                                                                                 (a) IN GENERAL.—Section 1786 of title 38, United States Code,
                                                                                            as amended by section 9102 of the William M. (Mac) Thornberry
                                                                                            National Defense Authorization Act for Fiscal Year 2021, is further
                                                                                            amended—
                                                                                                       (1) in subsection (a)—
                                                                                                             (A) in the matter before paragraph (1), by inserting
                                                                                                       ‘‘and transportation necessary to receive such services’’
                                                                                                       after ‘‘described in subsection (b)’’;
                                                                                                             (B) in paragraph (1), by striking ‘‘or’’;
                                                                                                             (C) in paragraph (2), by striking the period at the
                                                                                                       end and inserting ‘‘; or’’; and
                                                                                                             (D) by adding at the end the following new paragraph:
                                                                                                       ‘‘(3) another location, including a health care facility, if
                                                                                                 the veteran delivers the child before arriving at a facility
                                                                                                 described in paragraph (1) or (2).’’;
                                                                                                       (2) in subsection (b), by inserting before the period at
                                                                                                 the end the following: ‘‘, including necessary health care services
                                                                                                 provided by a facility other than the facility where the newborn
                                                                                                 child was delivered (including a specialty pediatric hospital)
                                                                                                 that accepts transfer of the newborn child and responsibility
                                                                                                 for treatment of the newborn child’’; and
                                                                                                       (3) by adding at the end the following new subsections:




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                                                                                                 ‘‘(d) TRANSPORTATION.—(1) Transportation furnished under sub-
                                                                                            section (a) to, from, or between care settings to meet the needs




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4995

                                                                    of a newborn child includes costs for either or both the newborn
                                                                    child and parents.
                                                                         ‘‘(2) Transportation furnished under subsection (a) includes
                                                                    transportation by ambulance, including air ambulance, or other
                                                                    appropriate medically staffed modes of transportation—
                                                                               ‘‘(A) to another health care facility (including a specialty
                                                                         pediatric hospital) that accepts transfer of the newborn child
                                                                         or otherwise provides post-delivery care services when the
                                                                         treating facility is not capable of furnishing the care or services
                                                                         required; or
                                                                               ‘‘(B) to a health care facility in a medical emergency of
                                                                         such nature that a prudent layperson reasonably expects that
                                                                         delay in seeking immediate medical attention would be haz-
                                                                         ardous to life or health.
                                                                         ‘‘(3) Amounts paid by the Department for transportation under
                                                                    this section shall be derived from the Medical Services appropria-
                                                                    tions account of the Department.
                                                                         ‘‘(e) REIMBURSEMENT OR PAYMENT FOR HEALTH CARE SERVICES
                                                                    OR TRANSPORTATION.—(1) Pursuant to regulations the Secretary                                          Regulations.
                                                                    shall prescribe to establish rates of reimbursement and any limita-
                                                                    tions thereto under this section, the Secretary shall directly
                                                                    reimburse a covered entity for health care services or transportation
                                                                    services provided under this section, unless the cost of the services
                                                                    or transportation is covered by an established agreement or con-
                                                                    tract. If such an agreement or contract exists, its negotiated pay-                                   Applicability.
                                                                    ment terms shall apply.
                                                                         ‘‘(2)(A) Reimbursement or payment by the Secretary under                                         Deadline.
                                                                    this section on behalf of an individual to a covered entity shall,
                                                                    unless rejected and refunded by the covered entity within 30 days
                                                                    of receipt, extinguish any liability on the part of the individual
                                                                    for the health care services or transportation covered by such pay-
                                                                    ment.
                                                                         ‘‘(B) Neither the absence of a contract or agreement between
                                                                    the Secretary and a covered entity nor any provision of a contract,
                                                                    agreement, or assignment to the contrary shall operate to modify,
                                                                    limit, or negate the requirements of subparagraph (A).
                                                                         ‘‘(3) In this subsection, the term ‘covered entity’ means any                                    Definition.
                                                                    individual, transportation carrier, organization, or other entity that
                                                                    furnished or paid for health care services or transportation under
                                                                    this section.’’.
                                                                         (b) TREATMENT OF CERTAIN EXPENSES ALREADY INCURRED.—                                             38 USC 1786
                                                                               (1) IN GENERAL.—Pursuant to such regulations as the Sec-                                   note.
                                                                                                                                                                          Regulations.
                                                                         retary of Veterans Affairs shall prescribe, with respect to                                      Reimbursements.
                                                                         transportation furnished in order for a newborn child of a
                                                                         veteran to receive health care services under section 1786 of
                                                                         title 38, United States Code, during the period specified in
                                                                         paragraph (2), the Secretary may—
                                                                                    (A) waive a debt owed by the veteran to the Depart-                                   Waiver authority.
                                                                               ment of Veterans Affairs or reimburse expenses already
                                                                               paid by the veteran to the Department for such transpor-
                                                                               tation;
                                                                                    (B) reimburse the veteran for expenses already paid
                                                                               by the veteran to a covered entity for such transportation;
                                                                               or




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                                                                                    (C) reimburse a covered entity for the costs of such
                                                                               transportation.




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                                                                    134 STAT. 4996                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                        (2) PERIOD SPECIFIED.—The period specified in this para-
                                                                                                   graph is the period beginning on May 5, 2010, and ending
                                                                                                   on the date of the enactment of this Act.
                                                                                                        (3) COVERED ENTITY DEFINED.—In this subsection, the term
                                                                                                   ‘‘covered entity’’ has the meaning given that term in section
                                                                                                   1786(e)(3) of title 38, United States Code, as added by sub-
                                                                                                   section (a).
                                                                    38 USC 1741             SEC. 3007. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS
                                                                    note.                                AFFAIRS FOR RECEIPT OF PER DIEM PAYMENTS FOR
                                                                                                         DOMICILIARY CARE AT STATE HOMES AND MODIFICA-
                                                                                                         TION OF ELIGIBILITY FOR SUCH PAYMENTS.
                                                                    Regulations.                 (a) WAIVER OF REQUIREMENTS.—Notwithstanding section 1741
                                                                                            of title 38, United States Code (as amended by subsection (b)),
                                                                                            the Secretary of Veterans Affairs shall modify section 51.51(b) of
                                                                                            title 38, Code of Federal Regulations (or successor regulations),
                                                                                            to provide the Secretary the authority to waive the requirements
                                                                                            under such section 51.51(b) for a veteran to be eligible for per
                                                                                            diem payments for domiciliary care at a State home if—
                                                                                                     (1) the veteran has met not fewer than four of the require-
                                                                                                 ments set forth in such section; or
                                                                                                     (2) such waiver would be in the best interest of the veteran.
                                                                                                 (b) MODIFICATION OF ELIGIBILITY.—Section 1741(a)(1) of title
                                                                                            38, United States Code, is amended, in the flush text following
                                                                                            subparagraph (B), by striking ‘‘in a Department facility’’ and
                                                                                            inserting ‘‘under the laws administered by the Secretary’’.
                                                                                                 (c) STATE HOME DEFINED.—In this section, the term ‘‘State
                                                                                            home’’ has the meaning given that term in section 101(19) of title
                                                                                            38, United States Code.
                                                                                            SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON
                                                                                                        STAFFING AND VACANCIES AT FACILITIES OF THE
                                                                                                        DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE
                                                                                                        INFORMATION ON DURATION OF HIRING PROCESS.
                                                                                                (a) QUARTERLY UPDATE.—Subsection (a)(1) of section 505 of
                                                                                            the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C.
                                                                                            301 note) is amended by adding at the end the following new
                                                                                            subparagraph:
                                                                                                        ‘‘(E) Beginning with any update under paragraph (3)
                                                                                                    on or after the date of the enactment of the Johnny Isakson
                                                                                                    and David P. Roe, M.D. Veterans Health Care and Benefits
                                                                                                    Improvement Act of 2020, the following:
                                                                                                             ‘‘(i) For employees appointed under paragraphs (1)
                                                                                                        and (3) of section 7401 of title 38, United States Code,
                                                                                                        the number of employees for which the duration of
                                                                                                        the process from validation of vacancy to receipt of
                                                                                                        official offer and notification of actual start date
                                                                                                        exceeds the metrics laid out in the Time to Hire Model
                                                                                                        of the Veterans Health Administration, or successor
                                                                                                        model.
                                                                                                             ‘‘(ii) The percentage of employees who are
                                                                                                        described in clause (i) compared to all employees
                                                                                                        appointed under paragraphs (1) and (3) of section 7401
                                                                                                        of such title during the same period.
                                                                                                             ‘‘(iii) The average number of days potential hires
                                                                                                        or new hires appointed under paragraphs (1) and (3)




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                                                                                                        of section 7401 of such title spent in each phase of
                                                                                                        the Time to Hire Model, or successor model.’’.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4997

                                                                         (b) ANNUAL REPORT.—Subsection (b) of such section is amended,
                                                                    in the first sentence, by adding before the period at the end the
                                                                    following: ‘‘and to improve the onboard timeline for facilities for
                                                                    which the duration of the onboarding process exceeds the metrics
                                                                    laid out in the Time to Hire Model of the Veterans Health Adminis-
                                                                    tration, or successor model’’.
                                                                    SEC. 3009. REQUIREMENT FOR CERTAIN DEPARTMENT OF VETERANS                                             38 USC 8110
                                                                                AFFAIRS MEDICAL FACILITIES TO HAVE PHYSICAL LOCA-                                         note.
                                                                                TION FOR THE DISPOSAL OF CONTROLLED SUBSTANCES
                                                                                MEDICATIONS.
                                                                         (a) IN GENERAL.—The Secretary of Veterans Affairs shall
                                                                    ensure that each covered Department medical facility has a physical
                                                                    location where patients may dispose of controlled substances medi-
                                                                    cations.
                                                                         (b) COVERED DEPARTMENT MEDICAL FACILITY.—In this section,                                        Definition.
                                                                    the term ‘‘covered Department medical facility’’ means a medical
                                                                    facility of the Department of Veterans Affairs with an onsite phar-
                                                                    macy or a physical location dedicated for law enforcement purposes.
                                                                         (c) EFFECTIVE DATE.—This section shall take effect on January
                                                                    1, 2022.
                                                                    SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR                                           38 USC 7401
                                                                                 CLINICAL OBSERVATION BY UNDERGRADUATE STU-                                               note.
                                                                                 DENTS.
                                                                         (a) ESTABLISHMENT.—The Secretary of Veterans Affairs shall                                       Time period.
                                                                    carry out a pilot program for a one-year period, beginning not                                        Effective date.
                                                                    later than August 15, 2021, to provide certain students described
                                                                    in subsection (d) a clinical observation experience at medical centers
                                                                    of the Department of Veterans Affairs.
                                                                         (b) MEDICAL CENTER SELECTION.—The Secretary shall carry
                                                                    out the pilot program under this section at not fewer than five
                                                                    medical centers of the Department. In selecting such medical cen-
                                                                    ters, the Secretary shall ensure regional diversity among such
                                                                    selected medical centers.
                                                                         (c) CLINICAL OBSERVATION SESSIONS.—
                                                                              (1) FREQUENCY AND DURATION.—In carrying out the pilot
                                                                         program, the Secretary shall—
                                                                                   (A) provide at least one and not more than three clin-
                                                                              ical observation sessions at each medical center selected
                                                                              during each calendar year;
                                                                                   (B) ensure that each clinical observation session—
                                                                                        (i) lasts between four and six months; and
                                                                                        (ii) to the extent practicable, begins and ends
                                                                                   concurrently with one or more academic terms of an
                                                                                   institution of higher education (as defined in section
                                                                                   101 of the Higher Education Act of 1965 (20 U.S.C.
                                                                                   1001)); and
                                                                                   (C) ensure that the clinical observation sessions pro-
                                                                              vided at a medical center have minimal overlap.
                                                                              (2) SESSIONS.—The Secretary shall ensure that the pilot
                                                                         program consists of clinical observation sessions as follows:
                                                                                   (A) Each session shall allow for not fewer than five
                                                                              students nor greater than 15 students to participate in
                                                                              the session.
                                                                                   (B) Each session shall consist of not fewer than 20




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                                                                              observational hours nor greater than 40 observational
                                                                              hours.




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                                                                    134 STAT. 4998                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                           (C) A majority of the observational hours shall be
                                                                                                      spent observing a health professional. The other observa-
                                                                                                      tional hours shall be spent in a manner that ensures a
                                                                                                      robust, well rounded experience that exposes the students
                                                                                                      to a variety of aspects of medical care and health care
                                                                                                      administration.
                                                                                                           (D) Each session shall provide a diverse clinical
                                                                                                      observation experience.
                                                                                                 (d) STUDENTS.—
                                                                                                      (1) SELECTION.—The Secretary shall select to participate
                                                                                                 in the pilot program under subsection (a) students who are—
                                                                                                           (A) nationals of the United States;
                                                                                                           (B) enrolled in an accredited program of study at an
                                                                                                      institution of higher education; and
                                                                                                           (C) referred by their institution of higher education
                                                                                                      following an internal application process.
                                                                                                      (2) PRIORITY.—In making such selection, the Secretary shall
                                                                                                 give priority to each of the following five categories of students:
                                                                                                           (A) Students who, at the time of the completion of
                                                                                                      their secondary education, resided in a health professional
                                                                                                      shortage area (as defined in section 332 of the Public
                                                                                                      Health Service Act (42 U.S.C. 254e)).
                                                                                                           (B) First generation college students (as defined in
                                                                                                      section 402A(h)(3) of the Higher Education Act of 1965
                                                                                                      (20 U.S.C. 1067q(a))).
                                                                                                           (C) Students who have been referred by minority-
                                                                                                      serving institutions (as defined in section 371(a) of the
                                                                                                      Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
                                                                                                           (D) Veterans (as defined in section 101 of title 38,
                                                                                                      United States Code).
                                                                                                           (E) Students who indicate an intention to specialize
                                                                                                      in a health professional occupation identified by the
                                                                                                      Inspector General of the Department under section 7412
                                                                                                      of title 38, United States Code, as having a staffing short-
                                                                                                      age.
                                                                                                      (3) ASSIGNMENT TO MEDICAL CENTERS.—The Secretary shall
                                                                                                 assign students selected under paragraph (1) to medical centers
                                                                                                 selected under subsection (b) without regard for whether such
                                                                                                 medical centers have staffing shortages in any health profes-
                                                                                                 sional occupation pursuant to section 7412 of title 38, United
                                                                                                 States Code.
                                                                                                 (e) OTHER MATTERS.—In carrying out the pilot program under
                                                                                            this section, the Secretary shall—
                                                                                                      (1) establish a formal status to facilitate the access to
                                                                                                 medical centers of the Department by student observers partici-
                                                                                                 pating in the pilot program;
                                                                    Requirements.                     (2) establish standardized legal, privacy, and ethical
                                                                                                 requirements for the student observers, including with respect
                                                                                                 to—
                                                                                                           (A) ensuring that no student observer provides any
                                                                                                      care to patients while participating as an observer; and
                                                                                                           (B) ensuring the suitability of a student to participate
                                                                                                      in the pilot program to ensure that the student poses
                                                                                                      no risk to patients;
                                                                    Strategy.                         (3) develop and implement a partnership strategy with




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                                                                                                 minority-serving institutions to encourage referrals;
                                                                    Procedures.                       (4) create standardized procedures for student observers;




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 4999

                                                                              (5) create an online information page about the pilot pro-                                  Website.
                                                                         gram on the internet website of the Department;
                                                                              (6) publish on the online information page created under                                    Web posting.
                                                                         paragraph (5) the locations of such centers, and other informa-                                  Deadline.
                                                                         tion on the pilot program, not later than 180 days before
                                                                         the date on which applications are required to be submitted
                                                                         by potential student observers;
                                                                              (7) identify medical centers and specific health profes-
                                                                         sionals participating in the pilot program; and
                                                                              (8) notify the Committees on Veterans’ Affairs of the House                                 Notification.
                                                                         of Representatives and the Senate of the medical centers                                         Deadline.
                                                                         selected under subsection (c) within 30 days of selection, to
                                                                         facilitate program awareness.
                                                                         (f) REPORT.—Not later than 180 days after the completion of
                                                                    the pilot program under subsection (a), the Secretary shall submit
                                                                    to the Committees on Veterans’ Affairs of the House of Representa-
                                                                    tives and the Senate a report on the results of the pilot program,
                                                                    including—
                                                                              (1) the number and demographics of all applicants, those
                                                                         accepted to participate in the pilot program, and those who
                                                                         completed the pilot program; and
                                                                              (2) if participating institutions of higher education choose
                                                                         to administer satisfaction surveys that assess the experience
                                                                         of those who completed the pilot program, the results of any
                                                                         such satisfaction surveys, provided at the discretion of the
                                                                         institution of higher education.
                                                                         (g) SENSE OF CONGRESS REGARDING DEPARTMENT OF VETERANS
                                                                    AFFAIRS PILOT PROGRAM FOR CLINICAL OBSERVATION BY UNDER-
                                                                    GRADUATE STUDENTS.—It is the sense of Congress that the pilot
                                                                    program described in subsection (a) should be designed to—
                                                                              (1) increase the awareness, knowledge, and empathy of
                                                                         future health professionals toward the health conditions
                                                                         common to veterans;
                                                                              (2) increase the diversity of the recruitment pool of future
                                                                         physicians of the Department; and
                                                                              (3) expand clinical observation opportunities for all stu-
                                                                         dents by encouraging students of all backgrounds to consider
                                                                         a career in the health professions.
                                                                         (h) NO ADDITIONAL FUNDS AUTHORIZED.—No additional funds
                                                                    are authorized to be appropriated to carry out the requirements
                                                                    of this section. Such requirements shall be carried out using
                                                                    amounts otherwise authorized to be appropriated.

                                                                             Subtitle B—Scheduling and Consult
                                                                                        Management
                                                                    SEC. 3101. PROCESS AND REQUIREMENTS FOR SCHEDULING APPOINT-                                           38 USC 1701
                                                                                 MENTS FOR HEALTH CARE FROM DEPARTMENT OF VET-                                            note.
                                                                                 ERANS AFFAIRS AND NON-DEPARTMENT HEALTH CARE.
                                                                           (a) PROCESS AND REQUIREMENTS.—
                                                                                (1) IN GENERAL.—Not later than 60 days after the date                                     Deadline.
                                                                           of the enactment of this Act, the Secretary of Veterans Affairs
                                                                           shall—




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                                                                                     (A) establish a process and requirements for scheduling
                                                                                appointments for—




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                                                                    134 STAT. 5000                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                              (i) health care from the Department of Veterans
                                                                                                         Affairs; and
                                                                                                              (ii) health care furnished through the Veterans
                                                                                                         Community Care Program under section 1703 of title
                                                                                                         38, United States Code, by a non-Department health
                                                                                                         care provider; and
                                                                                                         (B) submit to the Committee on Veterans’ Affairs of
                                                                                                    the Senate and the Committee on Veterans’ Affairs of the
                                                                                                    House of Representatives a description of such process
                                                                                                    and requirements.
                                                                                                    (2) ELEMENTS OF DESCRIPTION.—The description of the
                                                                                               process and requirements for scheduling appointments for
                                                                                               health care required to be submitted under paragraph (1)(B)
                                                                                               shall include—
                                                                                                         (A) information on how such process and requirements
                                                                                                    take into account the access standards established under
                                                                                                    section 1703B of title 38, United States Code; and
                                                                                                         (B) the maximum number of days allowed to complete
                                                                                                    each step of such process.
                                                                                                    (3) PERIODIC REVISION.—
                                                                                                         (A) IN GENERAL.—The Secretary may revise the process
                                                                                                    and requirements required under paragraph (1) as the
                                                                                                    Secretary considers necessary.
                                                                    Deadline.                            (B) SUBMITTAL TO CONGRESS.—Not later than 30 days
                                                                                                    before revising the process and requirements under
                                                                                                    subparagraph (A), the Secretary shall submit to the Com-
                                                                                                    mittee on Veterans’ Affairs of the Senate and the Com-
                                                                                                    mittee on Veterans’ Affairs of the House of Representatives
                                                                                                    a description of such revised process and requirements,
                                                                                                    including a description of any modifications to the certifi-
                                                                                                    cation and training under subsection (b).
                                                                                               (b) CERTIFICATION AND TRAINING ON PROCESS AND REQUIRE-
                                                                                            MENTS.—
                                                                    Deadline.                       (1) CERTIFICATION.—Not later than one year after the date
                                                                                               of the enactment of this Act, the Secretary shall require each
                                                                                               individual involved in the scheduling of appointments for health
                                                                                               care from the Department or health care described in subsection
                                                                                               (a)(1)(A)(ii), including schedulers, clinical coordinators, and
                                                                                               supervisors, to certify to the Secretary that the individual
                                                                                               understands the process and requirements established under
                                                                                               subsection (a), including the maximum number of days allowed
                                                                                               to complete each step of such process.
                                                                                                    (2) NEW EMPLOYEES.—The Secretary shall require each
                                                                                               employee hired by the Department on or after the date of
                                                                                               the enactment of this Act who is to be involved in the scheduling
                                                                                               of appointments for health care from the Department or health
                                                                                               care described in subsection (a)(1)(A)(ii)—
                                                                                                         (A) to undergo training on the process and require-
                                                                                                    ments established under subsection (a) as part of training
                                                                                                    for the position for which the employee has been hired;
                                                                                                    and
                                                                                                         (B) to make the certification to the Secretary required
                                                                                                    under paragraph (1).
                                                                                               (c) METHOD TO MONITOR COMPLIANCE.—
                                                                    Deadline.                       (1) IN GENERAL.—Not later than 180 days after the date




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                                                                                               of the enactment of this Act, the Secretary shall establish
                                                                                               or maintain a method or tool—




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5001

                                                                                   (A) to enable monitoring of the compliance of the
                                                                              Department with the process and requirements established
                                                                              under subsection (a), including compliance with policies
                                                                              of the Department relating to the maximum number of
                                                                              days allowed to complete each step of such process; and
                                                                                   (B) to ensure that each medical facility of the Depart-
                                                                              ment complies with such process and requirements.
                                                                              (2) USE THROUGHOUT DEPARTMENT.—
                                                                                   (A) IN GENERAL.—The Secretary shall require each
                                                                              medical facility of the Department to use the method or
                                                                              tool described in paragraph (1).
                                                                                   (B) REPORT.—Not later than one year after the date
                                                                              of the enactment of this Act, the Secretary shall submit
                                                                              to the Committee on Veterans’ Affairs of the Senate and
                                                                              the Committee on Veterans’ Affairs of the House of Rep-
                                                                              resentatives a report indicating whether each medical
                                                                              facility of the Department is using the method or tool
                                                                              described in paragraph (1).
                                                                         (d) COMPTROLLER GENERAL REPORT.—Not later than two years
                                                                    after the date of the enactment of this Act, the Comptroller General
                                                                    of the United States shall submit to the Committee on Veterans’
                                                                    Affairs of the Senate and the Committee on Veterans’ Affairs of
                                                                    the House of Representatives a report on the compliance of the
                                                                    Secretary with the requirements of this section.
                                                                    SEC. 3102. AUDITS REGARDING SCHEDULING OF APPOINTMENTS AND                                            38 USC 1701
                                                                                MANAGEMENT OF CONSULTATIONS FOR HEALTH CARE                                               note.
                                                                                FROM DEPARTMENT OF VETERANS AFFAIRS AND NON-
                                                                                DEPARTMENT HEALTH CARE.
                                                                         (a) IN GENERAL.—Not later than each of one year and two                                          Deadlines.
                                                                    years after the date of the enactment of this Act, the Secretary
                                                                    of Veterans Affairs shall provide for the conduct of a facility-level
                                                                    audit of the scheduling of appointments and the management of
                                                                    consultations for health care under the laws administered by the
                                                                    Secretary.
                                                                         (b) APPLICATION.—
                                                                              (1) FIRST AUDIT.—The first audit required under subsection
                                                                         (a) shall apply to each medical facility of the Department of
                                                                         Veterans Affairs.
                                                                              (2) SECOND AUDIT.—The second audit required under sub-                                      Determination.
                                                                         section (a) shall apply to only those medical facilities of the
                                                                         Department that are in need of corrective action based on
                                                                         the first audit, as determined by the Secretary.
                                                                         (c) ELEMENTS.—Each audit conducted under subsection (a) shall
                                                                    include the following:
                                                                              (1) With respect to each medical center of the Department                                   Assessments.
                                                                         covered by the audit, an assessment of any scheduling or con-
                                                                         sultation management issues at that medical center, including
                                                                         the following:
                                                                                   (A) An assessment of noncompliance with policies of
                                                                              the Veterans Health Administration relating to scheduling
                                                                              appointments and managing consultations.
                                                                                   (B) An assessment of the extent to which appointments
                                                                              or consultations are not timely processed.




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                                                                                   (C) A description of any backlogs in appointments or
                                                                              consultations that are awaiting action.




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                                                                    134 STAT. 5002                             PUBLIC LAW 116–315—JAN. 5, 2021

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




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                                                                    Determination.                           (B) any other period of time that the Secretary deter-
                                                                                                        mines necessary to measure.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5003

                                                                              (5) With respect to referrals for non-Department health                                     Time periods.
                                                                         care originating from medical facilities of the Department, a
                                                                         measurement of, for each such facility covered by the audit—
                                                                                   (A) the period of time between—
                                                                                        (i) the date that a clinician of the Department
                                                                                   determines that a veteran requires care, or a veteran
                                                                                   presents to the Department requesting care, and the
                                                                                   date that the referral for care is sent to a non-Depart-
                                                                                   ment health care provider;
                                                                                        (ii) the date that the referral for care is sent to
                                                                                   a non-Department health care provider and the date
                                                                                   that a non-Department health care provider accepts
                                                                                   the referral;
                                                                                        (iii) the date that a non-Department health care
                                                                                   provider accepts the referral and the date that the
                                                                                   referral to a non-Department health care provider is
                                                                                   completed;
                                                                                        (iv) the date that the referral to a non-Department
                                                                                   health care provider is completed and the date that
                                                                                   an appointment with a non-Department health care
                                                                                   provider is made; and
                                                                                        (v) the date that an appointment with a non-
                                                                                   Department health care provider is made and the date
                                                                                   that an appointment with a non-Department health
                                                                                   care provider occurs; and
                                                                                   (B) any other period of time that the Secretary deter-                                 Determination.
                                                                              mines necessary to measure.
                                                                         (d) CONDUCT OF AUDIT BY THIRD PARTY.—Each audit conducted
                                                                    under subsection (a) with respect to a medical facility of the Depart-
                                                                    ment shall be conducted by an individual or entity that is not
                                                                    affiliated with the facility.
                                                                         (e) TRANSMITTAL TO VHA.—Each audit conducted under sub-
                                                                    section (a) shall be transmitted to the Under Secretary for Health
                                                                    of the Department so that the Under Secretary can—
                                                                              (1) strengthen oversight of the scheduling of appointments
                                                                         and management of consultations throughout the Department;
                                                                              (2) monitor national policy on such scheduling and manage-
                                                                         ment; and
                                                                              (3) develop a remediation plan to address issues uncovered                                  Remediation
                                                                         by those audits.                                                                                 plan.
                                                                         (f) ANNUAL REPORT.—
                                                                              (1) IN GENERAL.—Not later than December 31 of each year
                                                                         in which an audit is conducted under subsection (a), the Sec-
                                                                         retary shall submit to the Committee on Veterans’ Affairs of
                                                                         the Senate and the Committee on Veterans’ Affairs of the
                                                                         House of Representatives a report on the audit conducted
                                                                         during that year.
                                                                              (2) ELEMENTS.—The Secretary shall include in each report
                                                                         required by paragraph (1)—
                                                                                   (A) the nationwide results of the audit conducted under
                                                                              subsection (a);
                                                                                   (B) the results of such audit with respect to each
                                                                              medical facility of the Department covered by such audit;
                                                                                   (C) an assessment of how the Department strengthened                                   Assessment.
                                                                              oversight of the scheduling of appointments and manage-




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                                                                              ment of consultations at each such facility as a result
                                                                              of the audit;




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                                                                    134 STAT. 5004                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    Assessment.                             (D) an assessment of how the audit informed the
                                                                                                        national policy of the Department with respect to the sched-
                                                                                                        uling of appointments and management of consultations;
                                                                                                        and
                                                                                                            (E) a description of any remediation plans to address
                                                                                                        issues raised by the audit that was completed.
                                                                    38 USC 1703             SEC. 3103. ADMINISTRATION OF NON-DEPARTMENT OF VETERANS
                                                                    note.                               AFFAIRS HEALTH CARE.
                                                                                               (a) CERTIFICATION OF PROPER ADMINISTRATION OF NON-DEPART-
                                                                                            MENT CARE.—
                                                                                                    (1) REVIEW.—
                                                                                                         (A) IN GENERAL.—The Secretary of Veterans Affairs
                                                                                                        shall conduct a review of the staffing, training, and other
                                                                                                        requirements necessary to administer section 1703 of title
                                                                                                        38, United States Code.
                                                                                                             (B) ELEMENTS.—The review conducted under subpara-
                                                                                                        graph (A) shall include, with respect to each medical facility
                                                                                                        of the Department of Veterans Affairs—
                                                                    Assessment.                                   (i) an assessment of the type of positions required
                                                                                                             to be staffed at the medical facility;
                                                                                                                  (ii) the number of such positions authorized;
                                                                                                                  (iii) the number of such positions funded;
                                                                                                                  (iv) the number of such positions filled; and
                                                                                                                  (v) the number of additional such positions
                                                                                                             required to be authorized.
                                                                    Deadlines.                          (2) SUBMITTAL TO CONGRESS.—Not later than 180 days
                                                                                                   after the date of the enactment of this Act, and every 180
                                                                                                   days thereafter, the Secretary shall submit to the Committee
                                                                                                   on Veterans’ Affairs of the Senate and the Committee on Vet-
                                                                                                   erans’ Affairs of the House of Representatives—
                                                                                                             (A) the results of the review conducted under para-
                                                                                                        graph (1); and
                                                                                                             (B) a certification that the Secretary has established
                                                                                                        all staffing, training, and other requirements required to
                                                                                                        be reviewed under such paragraph.
                                                                                                   (b) SCHEDULING OF APPOINTMENTS.—
                                                                    Deadline.                           (1) MEASUREMENT OF TIMELINESS FOR EACH FACILITY.—
                                                                                                   Not later than 120 days after the date of the enactment of
                                                                                                   this Act, the Secretary shall measure, with respect to referrals
                                                                                                   for non-Department health care originating from medical facili-
                                                                                                   ties of the Department, for each such facility—
                                                                    Time periods.                            (A) the period of time between—
                                                                                                                  (i) the date that a clinician of the Department
                                                                                                             determines that a veteran requires care, or a veteran
                                                                                                             presents to the Department requesting care, and the
                                                                                                             date that the referral for care is sent to a non-Depart-
                                                                                                             ment health care provider;
                                                                                                                  (ii) the date that the referral for care is sent to
                                                                                                             a non-Department health care provider and the date
                                                                                                             that a non-Department health care provider accepts
                                                                                                             the referral;
                                                                                                                  (iii) the date that a non-Department health care
                                                                                                             provider accepts the referral and the date that the




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                                                                                                             referral to a non-Department health care provider is
                                                                                                             completed;




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                                                                                         (iv) the date that the referral to a non-Department
                                                                                     health care provider is completed and the date that
                                                                                     an appointment with a non-Department health care
                                                                                     provider is made; and
                                                                                         (v) the date that an appointment with a non-
                                                                                     Department health care provider is made and the date
                                                                                     that an appointment with a non-Department health
                                                                                     care provider occurs; and
                                                                                     (B) any other period of time that the Secretary deter-                               Determination.
                                                                                mines necessary to measure.
                                                                                (2) SUBMISSIONS TO CONGRESS.—
                                                                                     (A) IN GENERAL.—Not later than one year after the                                    Deadline.
                                                                                date of the enactment of this Act, the Secretary shall
                                                                                submit to the Committee on Veterans’ Affairs of the Senate
                                                                                and the Committee on Veterans’ Affairs of the House of
                                                                                Representatives the data measured under paragraph (1),
                                                                                disaggregated by medical facility.
                                                                                     (B) UPDATE.—Not less frequently than biweekly, the                                   Time period.
                                                                                Secretary shall update the data submitted under subpara-
                                                                                graph (A).
                                                                           (c) COMPTROLLER GENERAL REPORT.—
                                                                                (1) REVIEW.—Beginning not later than one year after the                                   Effective date.
                                                                           date of the enactment of this Act, the Comptroller General
                                                                           of the United States shall review compliance by the Secretary
                                                                           with the requirements of this section, including a review of
                                                                           the validity and reliability of data submitted by the Secretary
                                                                           under subsection (b)(2).
                                                                                (2) REPORT.—Not later than three years after the date
                                                                           of the enactment of this Act, the Comptroller General shall
                                                                           submit to the Committee on Veterans’ Affairs of the Senate
                                                                           and the Committee on Veterans’ Affairs of the House of Rep-
                                                                           resentatives the results of the review conducted under para-
                                                                           graph (1).
                                                                    SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION AND
                                                                               SCHEDULING POSITIONS OF DEPARTMENT OF VETERANS
                                                                               AFFAIRS.
                                                                           (a) PROPER GRADING OF CONSULTATION AND SCHEDULING POSI-
                                                                    TIONS.—
                                                                              (1) IN GENERAL.—The Secretary of Veterans Affairs shall
                                                                         conduct an examination of health care positions of the Depart-
                                                                         ment of Veterans Affairs to determine whether health care
                                                                         positions involved in the consultation and scheduling processes
                                                                         are appropriately graded.
                                                                              (2) CONSULTATION.—In conducting the examination under
                                                                         paragraph (1), the Secretary shall consult with health care
                                                                         staffing experts in the Federal Government and the private
                                                                         sector.
                                                                              (3) SUBMITTAL TO CONGRESS.—Not later than 120 days                                          Deadline.
                                                                         after the date of the enactment of this Act, the Secretary
                                                                         shall submit to the appropriate committees of Congress the
                                                                         results of the examination conducted under paragraph (1).
                                                                         (b) REVIEW OF ONBOARDING PROCESS.—Not later than 180 days                                        Deadline.




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                                                                    after the date of the enactment of this Act, the Secretary shall
                                                                    submit to the appropriate committees of Congress—




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                                                                    134 STAT. 5006                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                      (1) a review of the onboarding process of individuals in
                                                                                                 health care positions described in subsection (a), including how
                                                                                                 long it takes to hire those individuals; and
                                                                                                      (2) a description of any changes that the Secretary has
                                                                                                 made or plans to make to improve that process.
                                                                                                 (c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
                                                                                            section, the term ‘‘appropriate committees of Congress’’ means—
                                                                                                      (1) the Committee on Veterans’ Affairs and the Committee
                                                                                                 on Appropriations of the Senate; and
                                                                                                      (2) the Committee on Veterans’ Affairs and the Committee
                                                                                                 on Appropriations of the House of Representatives.
                                                                    Navy SEAL Bill
                                                                    Mulder Act of                 TITLE IV—NAVY SEAL BILL MULDER
                                                                    2020.
                                                                    38 USC 101 note.        SEC. 4001. SHORT TITLE.
                                                                                                 This title may be cited as the ‘‘Navy SEAL Bill Mulder Act
                                                                                            of 2020’’.

                                                                                                      Subtitle A—Service-connection and
                                                                                                                  COVID–19
                                                                                            SEC. 4101. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS
                                                                                                        OF ARMED FORCES WHO CONTRACT CORONAVIRUS DIS-
                                                                                                        EASE 2019 UNDER CERTAIN CIRCUMSTANCES.
                                                                                                (a) IN GENERAL.—Subchapter VI of chapter 11 of title 38,
                                                                                            United States Code, is amended by adding at the end the following
                                                                                            new section:
                                                                    38 USC 1164.            ‘‘§ 1164. Presumptions of service-connection for Coronavirus
                                                                                                           Disease 2019
                                                                                                 ‘‘(a) PRESUMPTIONS GENERALLY.—(1) For purposes of laws
                                                                                            administered by the Secretary and subject to section 1113 of this
                                                                                            title, if symptoms of Coronavirus Disease 2019 (in this section
                                                                                            referred to as ‘COVID–19’) described in subsection (d) manifest
                                                                                            within one of the manifestation periods described in paragraph
                                                                                            (2) in an individual who served in a qualifying period of duty
                                                                                            described in subsection (b)—
                                                                                                       ‘‘(A) infection with severe acute respiratory syndrome
                                                                                                 coronavirus 2 (in this section referred to as ‘SARS–CoV–2’)
                                                                                                 shall be presumed to have occurred during the qualifying period
                                                                                                 of duty;
                                                                                                       ‘‘(B) COVID–19 shall be presumed to have been incurred
                                                                                                 during the qualifying period of duty; and
                                                                                                       ‘‘(C) if the individual becomes disabled or dies as a result
                                                                                                 of COVID–19, it shall be presumed that the individual became
                                                                                                 disabled or died during the qualifying period of duty for pur-
                                                                                                 poses of establishing that the individual served in the active
                                                                                                 military, naval, or air service.
                                                                    Time periods.                ‘‘(2)(A) The manifestation periods described in this paragraph
                                                                                            are the following:
                                                                                                       ‘‘(i) During a qualifying period of duty described in sub-
                                                                                                 section (b), if that period of duty was more than 48 continuous
                                                                                                 hours in duration.




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                                                                    Deadline.                          ‘‘(ii) Within 14 days after the individual’s completion of
                                                                                                 a qualifying period of duty described in subsection (b).




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5007

                                                                                ‘‘(iii) An additional period prescribed under subparagraph
                                                                         (B).
                                                                         ‘‘(B)(i) If the Secretary determines that a manifestation period                                 Determination.
                                                                    of more than 14 days after completion of a qualifying period of                                       Regulations.
                                                                    service is appropriate for the presumptions under paragraph (1),
                                                                    the Secretary may prescribe that additional period by regulation.
                                                                         ‘‘(ii) A determination under clause (i) shall be made in consulta-                               Consultation.
                                                                    tion with the Director of the Centers for Disease Control and
                                                                    Prevention.
                                                                         ‘‘(b) QUALIFYING PERIOD OF DUTY DESCRIBED.—A qualifying
                                                                    period of duty described in this subsection is—
                                                                                ‘‘(1) a period of active duty performed—
                                                                                       ‘‘(A) during the national emergency declared by the
                                                                                President under the National Emergencies Act (50 U.S.C.
                                                                                1601 et seq.); and
                                                                                       ‘‘(B) before the date that is three years after the date
                                                                                of the enactment of the Johnny Isakson and David P.
                                                                                Roe, M.D. Veterans Health Care and Benefits Improvement
                                                                                Act of 2020; or
                                                                                ‘‘(2) training duty under title 10 or full-time National Guard
                                                                         duty (as defined in section 101 of title 10), performed under
                                                                         orders issued on or after March 13, 2020—
                                                                                       ‘‘(A) during the national emergency declared by the
                                                                                President under the National Emergencies Act (50 U.S.C.
                                                                                1601 et seq.); and
                                                                                       ‘‘(B) before the date that is three years after the date
                                                                                of the enactment of the Johnny Isakson and David P.
                                                                                Roe, M.D. Veterans Health Care and Benefits Improvement
                                                                                Act of 2020.
                                                                         ‘‘(c) APPLICATION OF PRESUMPTIONS FOR TRAINING DUTY.—
                                                                    When, pursuant to subsection (a), COVID–19 is presumed to have
                                                                    been incurred during a qualifying period of duty described in sub-
                                                                    section (b)(2)—
                                                                                ‘‘(1) COVID–19 shall be deemed to have been incurred
                                                                         in the line of duty during a period of active military, naval,
                                                                         or air service; and
                                                                                ‘‘(2) where entitlement to benefits under this title is predi-
                                                                         cated on the individual who was disabled or died being a
                                                                         veteran, benefits for disability or death resulting from COVID–
                                                                         19 as described in subsection (a) shall be paid or furnished
                                                                         as if the individual was a veteran, without regard to whether
                                                                         the period of duty would constitute active military, naval, or
                                                                         air service under section 101 of this title.
                                                                         ‘‘(d) SYMPTOMS OF COVID–19.—For purposes of subsection (a),
                                                                    symptoms of COVID–19 are those symptoms that competent medical
                                                                    evidence demonstrates are experienced by an individual affected
                                                                    and directly related to COVID–19.
                                                                         ‘‘(e) MEDICAL EXAMINATIONS AND OPINIONS.—If there is a ques-
                                                                    tion of whether the symptoms experienced by an individual
                                                                    described in paragraph (1) of subsection (a) during a manifestation
                                                                    period described in paragraph (2) of such subsection are attributable
                                                                    to COVID–19 resulting from infection with SARS–CoV–2 during
                                                                    the qualifying period of duty, in determining whether a medical
                                                                    examination or medical opinion is necessary to make a decision




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                                                                    on the claim within the meaning of section 5103A(d) of this title,
                                                                    a qualifying period of duty described in subsection (b) of this section




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                                                                    134 STAT. 5008                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                            shall be treated as if it were active military, naval, or air service
                                                                                            for purposes of section 5103A(d)(2)(B) of this title.’’.
                                                                                                 (b) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    38 USC 1101             ning of such subchapter is amended by adding at the end the
                                                                    prec.                   following new item:
                                                                                            ‘‘1164. Presumptions of service-connection for Coronavirus Disease 2019.’’.

                                                                                                     Subtitle B—Assistance for Homeless
                                                                                                                 Veterans
                                                                    38 USC 2011             SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS
                                                                    note.                               IN CARING FOR HOMELESS VETERANS DURING A COV-
                                                                                                        ERED PUBLIC HEALTH EMERGENCY.
                                                                                                   (a) GENERAL SUPPORT.—
                                                                                                        (1) USE OF FUNDS.—During a covered public health emer-
                                                                                                   gency, the Secretary of Veterans Affairs may use amounts
                                                                                                   appropriated or otherwise made available to the Department
                                                                                                   of Veterans Affairs to carry out sections 2011, 2012, 2031,
                                                                                                   and 2061 of title 38, United States Code, to provide to homeless
                                                                                                   veterans and veterans participating in the program carried
                                                                                                   out under section 8(o)(19) of the United States Housing Act
                                                                                                   of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as ‘‘HUD-
                                                                                                   VASH’’), as the Secretary determines is needed, the following:
                                                                                                             (A) Assistance required for safety and survival (such
                                                                                                        as food, shelter, clothing, blankets, and hygiene items).
                                                                                                             (B) Transportation required to support stability and
                                                                                                        health (such as for appointments with service providers,
                                                                                                        conducting housing searches, and obtaining food and sup-
                                                                                                        plies).
                                                                                                             (C) Communications equipment and services (such as
                                                                                                        tablets, smartphones, disposable phones, and related
                                                                                                        service plans) required to support stability and health (such
                                                                                                        as maintaining contact with service providers, prospective
                                                                                                        landlords, and family).
                                                                                                             (D) Such other assistance as the Secretary determines
                                                                                                        is needed.
                                                                                                        (2) HOMELESS VETERANS ON LAND OF THE DEPARTMENT.—
                                                                                                             (A) COLLABORATION.—During a covered public health
                                                                                                        emergency, to the extent possible, the Secretary may
                                                                                                        collaborate with one or more organizations to manage use
                                                                                                        of land of the Department for homeless veterans for living
                                                                                                        and sleeping.
                                                                                                             (B) ELEMENTS.—Collaboration under subparagraph (A)
                                                                                                        may include the provision by either the Secretary or the
                                                                                                        organization of food services and security for property,
                                                                                                        buildings, and other facilities owned or controlled by the
                                                                                                        Department.
                                                                                                   (b) GRANT AND PER DIEM PROGRAM.—
                                                                                                        (1) LIMITS ON RATES FOR PER DIEM PAYMENTS.—Section
                                                                                                   20013(b) of the Coronavirus Aid, Relief, and Economic Security
                                                                                                   Act (38 U.S.C. 2011 note; Public Law 116–136) is amended—
                                                                                                             (A) by redesignating paragraphs (1) and (2) as subpara-
                                                                                                        graphs (A) and (B), respectively;




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                                                                                                             (B) in the matter preceding subparagraph (A), as so
                                                                                                        redesignated, by inserting ‘‘(1)’’ before ‘‘In the case’’; and




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5009

                                                                                    (C) by adding at the end the following:
                                                                         ‘‘(2) If the Secretary waives any limit on grant amounts or
                                                                    rates for per diem payments under paragraph (1), notwithstanding
                                                                    section 2012(a)(2)(B) of such title, the maximum rate for per diem
                                                                    payments described in paragraph (1)(B) shall be three times the
                                                                    rate authorized for State homes for domiciliary care under section
                                                                    1741 of such title.’’.
                                                                               (2) MODIFICATION OF FUNDING LIMITS FOR GRANTS.—Sub-
                                                                         section (c)(2) of section 2011 of title 38, United States Code,
                                                                         shall not apply to any grant awarded during a covered public
                                                                         health emergency under such section for a project described
                                                                         in subsection (b)(1) of such section.
                                                                               (3) USE OF PER DIEM PAYMENTS.—During a covered public
                                                                         health emergency, a recipient of a grant or an eligible entity
                                                                         under the grant and per diem program of the Department
                                                                         (in this subsection referred to as the ‘‘program’’) may use per
                                                                         diem payments under sections 2012 and 2061 of title 38, United
                                                                         States Code, to provide assistance required for safety and sur-
                                                                         vival (such as food, shelter, clothing, blankets, and hygiene
                                                                         items) for—
                                                                                    (A) homeless veterans; and
                                                                                    (B) formerly homeless veterans residing in a facility
                                                                               operated wholly or in part by such a recipient or eligible
                                                                               entity receiving per diem payments under section 2012
                                                                               of such title.
                                                                               (4) ADDITIONAL TRANSITIONAL HOUSING.—
                                                                                    (A) IN GENERAL.—During a covered public health emer-
                                                                               gency, under the program, the Secretary may provide
                                                                               amounts for additional transitional housing beds to facili-
                                                                               tate access to housing and services provided to homeless
                                                                               veterans.
                                                                                    (B) NOTICE; COMPETITION; PERIOD OF PERFORMANCE.—
                                                                               The Secretary may provide amounts under subparagraph
                                                                               (A)—
                                                                                         (i) without notice or competition; and
                                                                                         (ii) for a period of performance determined by the                               Determination.
                                                                                    Secretary.
                                                                               (5) INSPECTIONS AND LIFE SAFETY CODE REQUIREMENTS.—                                        Waiver authority.
                                                                                    (A) IN GENERAL.—During a covered public health emer-
                                                                               gency, the Secretary may waive any requirement under
                                                                               subsection (b) or (c) of section 2012 of title 38, United
                                                                               States Code, in order to allow the recipient of a grant
                                                                               or an eligible entity under the program—
                                                                                         (i) to quickly identify temporary alternate sites
                                                                                    of care for homeless veterans that are suitable for
                                                                                    habitation;
                                                                                         (ii) to facilitate social distancing or isolation needs;
                                                                                    or
                                                                                         (iii) to facilitate activation or continuation of a
                                                                                    program for which a grant has been awarded.
                                                                                    (B) LIMITATION.—The Secretary may waive a require-
                                                                               ment pursuant to the authority provided by subparagraph
                                                                               (A) with respect to a facility of a recipient of a grant
                                                                               or an eligible entity under the program only if the facility




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                                                                               meets applicable local safety requirements, including fire
                                                                               safety requirements.




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                                                                                                     (6) DISPOSITION OF PROPERTY RELATING TO GRANTS.—
                                                                                                During a covered public health emergency, if the recipient
                                                                                                of a grant awarded before or during such emergency under
                                                                                                section 2011 of title 38, United States Code, for a project
                                                                                                described in subsection (b)(1) of such section is no longer pro-
                                                                                                viding services in accordance with the terms of the grant,
                                                                                                the recipient shall not be subject during such emergency to
                                                                                                any property disposition requirements relating to the grant
                                                                                                under subsection (c) or (f) of section 61.67 of title 38, Code
                                                                                                of Federal Regulations, section 200.311(c) of title 2, Code of
                                                                                                Federal Regulations, or successor regulations.
                                                                    Waiver authority.           (c) INSPECTION AND LIFE SAFETY CODE REQUIREMENTS FOR
                                                                                            THERAPEUTIC HOUSING.—
                                                                                                     (1) IN GENERAL.—During a covered public health emer-
                                                                                                gency, the Secretary may waive any inspection or life safety
                                                                                                code requirement under subsection (c) of section 2032 of title
                                                                                                38, United States Code—
                                                                                                          (A) to allow quick identification of temporary alternate
                                                                                                     sites of care for homeless veterans that are suitable for
                                                                                                     habitation;
                                                                                                          (B) to facilitate social distancing or isolation needs;
                                                                                                     or
                                                                                                          (C) to facilitate the operation of housing under such
                                                                                                     section.
                                                                                                     (2) LIMITATION.—The Secretary may waive a requirement
                                                                                                pursuant to the authority provided by paragraph (1) with
                                                                                                respect to a residence or facility referred to in such section
                                                                                                2032 only if the residence or facility, as the case may be,
                                                                                                meets applicable local safety requirements, including fire safety
                                                                                                requirements.
                                                                                                (d) ACCESS TO DEPARTMENT OF VETERANS AFFAIRS TELEHEALTH
                                                                                            SERVICES.—To the extent practicable, during a covered public health
                                                                                            emergency, the Secretary shall ensure that veterans participating
                                                                                            in or receiving services from a program under chapter 20 of title
                                                                                            38, United States Code, have access to telehealth services to which
                                                                                            such veterans are eligible under the laws administered by the
                                                                                            Secretary, including by ensuring that telehealth capabilities are
                                                                                            available to—
                                                                                                     (1) such veterans;
                                                                                                     (2) case managers of the Department of programs for home-
                                                                                                less veterans authorized under such chapter; and
                                                                                                     (3) community-based service providers for homeless vet-
                                                                                                erans receiving funds from the Department through grants
                                                                                                or contracts.
                                                                                                (e) DEFINITIONS.—In this section:
                                                                                                     (1) COVERED PUBLIC HEALTH EMERGENCY.—The term ‘‘cov-
                                                                                                ered public health emergency’’ means an emergency with
                                                                                                respect to COVID–19 declared by a Federal, State, or local
                                                                                                authority.
                                                                                                     (2) HOMELESS VETERAN; VETERAN.—The terms ‘‘homeless
                                                                                                veteran’’ and ‘‘veteran’’ have the meanings given those terms
                                                                                                in section 2002 of title 38, United States Code.
                                                                                                     (3) TELEHEALTH.—
                                                                                                          (A) IN GENERAL.—The term ‘‘telehealth’’ means the




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                                                                                                     use of electronic information and telecommunications tech-
                                                                                                     nologies to support and promote long-distance clinical




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5011

                                                                                 health care, patient and professional health-related edu-
                                                                                 cation, public health, and health administration.
                                                                                       (B) TECHNOLOGIES.—For purposes of subparagraph (A),
                                                                                 ‘‘telecommunications technologies’’ include video confer-
                                                                                 encing, the internet, streaming media, and terrestrial and
                                                                                 wireless communications.
                                                                    SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS AND VET-
                                                                                ERANS AT RISK FOR HOMELESSNESS.
                                                                         (a) IN GENERAL.—Subchapter III of chapter 20 of title 38,
                                                                    United States Code, is amended by inserting after section 2022
                                                                    the following new section:
                                                                    ‘‘§ 2022A. Legal services for homeless veterans and veterans                                          38 USC 2022A.
                                                                                     at risk for homelessness
                                                                          ‘‘(a) GRANTS.—Subject to the availability of appropriations pro-
                                                                    vided for such purpose, the Secretary shall award grants to eligible
                                                                    entities that provide legal services to homeless veterans and vet-
                                                                    erans at risk for homelessness.
                                                                          ‘‘(b) CRITERIA.—(1) The Secretary shall—
                                                                                ‘‘(A) establish criteria and requirements for grants under
                                                                          this section, including criteria for entities eligible to receive
                                                                          such grants; and
                                                                                ‘‘(B) publish such criteria and requirements in the Federal                               Federal Register,
                                                                          Register.                                                                                       publication.
                                                                          ‘‘(2) In establishing criteria and requirements under paragraph
                                                                    (1), the Secretary shall—
                                                                                ‘‘(A) take into consideration any criteria and requirements
                                                                          needed with respect to carrying out this section in rural commu-
                                                                          nities, on trust lands, and in the territories and possessions
                                                                          of the United States; and
                                                                                ‘‘(B) consult with organizations that have experience in                                  Consultation.
                                                                          providing services to homeless veterans, including—
                                                                                      ‘‘(i) veterans service organizations;
                                                                                      ‘‘(ii) the Equal Justice Works AmeriCorps Veterans
                                                                                Legal Corps; and
                                                                                      ‘‘(iii) such other organizations as the Secretary deter-
                                                                                mines appropriate.
                                                                          ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may award a grant                                        Grants.
                                                                    under this section to an entity applying for such a grant only                                        Determinations.
                                                                    if the applicant for the grant—
                                                                                ‘‘(1) is a public or nonprofit private entity with the capacity
                                                                          (as determined by the Secretary) to effectively administer a
                                                                          grant under this section;
                                                                                ‘‘(2) demonstrates that adequate financial support will be
                                                                          available to carry out the services for which the grant is sought
                                                                          consistent with the application;
                                                                                ‘‘(3) agrees to meet the applicable criteria and requirements
                                                                          established under subsection (b)(1); and
                                                                                ‘‘(4) has, as determined by the Secretary, demonstrated
                                                                          the capacity to meet such criteria and requirements.
                                                                          ‘‘(d) USE OF FUNDS.—Grants under this section shall be used
                                                                    to provide homeless veterans and veterans at risk for homelessness
                                                                    the following legal services:
                                                                                ‘‘(1) Legal services relating to housing, including eviction




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                                                                          defense, representation in landlord-tenant cases, and represen-
                                                                          tation in foreclosure cases.




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                                                                    134 STAT. 5012                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                       ‘‘(2) Legal services relating to family law, including assist-
                                                                                                 ance in court proceedings for child support, divorce, estate
                                                                                                 planning, and family reconciliation.
                                                                                                       ‘‘(3) Legal services relating to income support, including
                                                                                                 assistance in obtaining public benefits.
                                                                                                       ‘‘(4) Legal services relating to criminal defense, including
                                                                                                 defense in matters symptomatic of homelessness, such as out-
                                                                                                 standing warrants, fines, and driver’s license revocation, to
                                                                                                 reduce recidivism and facilitate the overcoming of reentry
                                                                                                 obstacles in employment or housing.
                                                                                                       ‘‘(5) Legal services relating to requests to upgrade the
                                                                                                 characterization of a discharge or dismissal of a former member
                                                                                                 of the Armed Forces under section 1553 of title 10.
                                                                                                       ‘‘(6) Such other legal services as the Secretary determines
                                                                                                 appropriate.
                                                                                                 ‘‘(e) FUNDS FOR WOMEN VETERANS.—For any fiscal year, not
                                                                                            less than 10 percent of the amount authorized to be appropriated
                                                                                            for grants under this section shall be used to provide legal services
                                                                                            described in subsection (d) to women veterans.
                                                                                                 ‘‘(f) LOCATIONS.—To the extent practicable, the Secretary shall
                                                                                            award grants under this section to eligible entities in a manner
                                                                                            that is equitably distributed across the geographic regions of the
                                                                                            United States, including with respect to—
                                                                                                       ‘‘(1) rural communities;
                                                                                                       ‘‘(2) trust lands (as defined in section 3765 of this title);
                                                                                                       ‘‘(3) Native Americans; and
                                                                                                       ‘‘(4) tribal organizations (as defined in section 4 of the
                                                                                                 Indian Self-Determination and Education Assistance Act (25
                                                                                                 U.S.C. 5304)).
                                                                                                 ‘‘(g) BIENNIAL REPORTS.—(1) Not less frequently than once every
                                                                                            two years, the Secretary shall submit to the Committee on Veterans’
                                                                                            Affairs of the Senate and the Committee on Veterans’ Affairs of
                                                                                            the House of Representatives a report on grants awarded under
                                                                                            this section.
                                                                                                 ‘‘(2) To the extent feasible, each report required by paragraph
                                                                                            (1) shall include the following with respect to the period covered
                                                                                            by the report:
                                                                                                       ‘‘(A) The number of homeless veterans and veterans at
                                                                                                 risk for homelessness assisted.
                                                                                                       ‘‘(B) A description of the legal services provided.
                                                                                                       ‘‘(C) A description of the legal matters addressed.
                                                                    Analysis.                          ‘‘(D) An analysis by the Secretary with respect to the oper-
                                                                                                 ational effectiveness and cost-effectiveness of the services pro-
                                                                                                 vided.’’.
                                                                                                 (b) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    38 USC 2001             ning of chapter 20 of such title is amended by inserting after
                                                                    prec.                   the item relating to section 2022 the following new item:
                                                                                            ‘‘2022A. Legal services for homeless veterans and veterans at risk for homeless-
                                                                                                        ness.’’.
                                                                    Deadline.                    (c) CRITERIA.—Not later than 180 days after the date of the
                                                                    Federal Register,       enactment of this Act, the Secretary of Veterans Affairs shall estab-
                                                                    publication.            lish and publish in the Federal Register the criteria and require-
                                                                    38 USC 2022A




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                                                                    note.                   ments pursuant to subsection (b)(1) of section 2022A of title 38,
                                                                                            United States Code, as added by subsection (a).




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5013
                                                                    SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS
                                                                                PROGRAMS THAT PROVIDE ASSISTANCE TO WOMEN VET-
                                                                                ERANS WHO ARE HOMELESS.
                                                                         (a) IN GENERAL.—The Secretary of Veterans Affairs shall com-
                                                                    plete an analysis of programs of the Department of Veterans Affairs
                                                                    that provide assistance to women veterans who are homeless or
                                                                    precariously housed to identify the areas in which such programs
                                                                    are failing to meet the needs of such women.
                                                                         (b) REPORT.—Not later than 270 days after the date of the
                                                                    enactment of this Act, the Secretary shall submit to the Committee
                                                                    on Veterans’ Affairs of the Senate and the Committee on Veterans’
                                                                    Affairs of the House of Representatives a report on the analysis
                                                                    completed under subsection (a).
                                                                    SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED BY THE SECRETARY
                                                                                 OF VETERANS AFFAIRS TO ENTITIES THAT PROVIDE
                                                                                 SERVICES TO HOMELESS VETERANS.
                                                                         (a) INCREASE IN PER DIEM PAYMENTS.—Paragraph (2) of sub-
                                                                    section (a) of section 2012 of title 38, United States Code, is
                                                                    amended to read as follows:
                                                                         ‘‘(2)(A)(i) Except as otherwise provided in subparagraph (B),                                    Cost estimate.
                                                                    the rate for such per diem payments shall be the daily cost of
                                                                    care estimated by the grant recipient or eligible entity adjusted
                                                                    by the Secretary under clause (ii).
                                                                         ‘‘(ii)(I) The Secretary shall adjust the rate estimated by the
                                                                    grant recipient or eligible entity under clause (i) to exclude other
                                                                    sources of income described in subclause (III) that the grant
                                                                    recipient or eligible entity certifies to be correct.
                                                                         ‘‘(II) Each grant recipient or eligible entity shall provide to
                                                                    the Secretary such information with respect to other sources of
                                                                    income as the Secretary may require to make the adjustment under
                                                                    subclause (I).
                                                                         ‘‘(III) The other sources of income referred to in subclauses
                                                                    (I) and (II) are payments to the grant recipient or eligible entity
                                                                    for furnishing services to homeless veterans under programs other
                                                                    than under this subchapter, including payments and grants from
                                                                    other departments and agencies of the United States, from depart-
                                                                    ments or agencies of State or local government, and from private
                                                                    entities or organizations.
                                                                         ‘‘(iii) For purposes of calculating the rate for per diem payments
                                                                    under clause (i), in the case of a homeless veteran who has care
                                                                    of a minor dependent while receiving services from the grant
                                                                    recipient or eligible entity, the daily cost of care of the homeless
                                                                    veteran shall be the sum of the daily cost of care of the homeless
                                                                    veteran determined under clause (i) plus, for each such minor
                                                                    dependent, an amount that equals 50 percent of such daily cost
                                                                    of care.
                                                                         ‘‘(B)(i)(I) Except as provided in clause (ii), and subject to the
                                                                    availability of appropriations, the Secretary may adjust the rate
                                                                    for per diem payments under this paragraph, as the Secretary
                                                                    considers appropriate.
                                                                         ‘‘(II) Any adjustment made under this clause—
                                                                                ‘‘(aa) may not result in a rate that—
                                                                                     ‘‘(AA) is lower than the rate in effect under this para-
                                                                                graph as in effect immediately preceding the date of the




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                                                                                enactment of the Navy SEAL Bill Mulder Act of 2020;
                                                                                or




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                                                                    134 STAT. 5014                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                              ‘‘(BB) exceeds the rate that is 115 percent of the rate
                                                                                                        authorized for State homes for domiciliary care under sub-
                                                                                                        section (a)(1)(A) of section 1741 of this title, as the Sec-
                                                                                                        retary may increase from time to time under subsection
                                                                                                        (c) of that section; and
                                                                    Determination.                      ‘‘(bb) may be determined on the basis of locality.
                                                                                                 ‘‘(ii) In the case of services furnished to a homeless veteran
                                                                                            who is placed in housing that will become permanent housing
                                                                                            for the veteran upon termination of the furnishing of such services
                                                                                            to such veteran, the maximum rate of per diem authorized under
                                                                                            this section is 150 percent of the rate authorized for State homes
                                                                                            for domiciliary care under subsection (a)(1)(A) of section 1741 of
                                                                                            this title, as the Secretary may increase from time to time under
                                                                                            subsection (c) of that section.’’.
                                                                                                 (b) REIMBURSEMENT OF CERTAIN FEES.—Such section is further
                                                                                            amended by adding at the end the following new subsection:
                                                                    Determinations.              ‘‘(e) REIMBURSEMENT OF ENTITIES FOR CERTAIN FEES.—The Sec-
                                                                                            retary may reimburse a recipient of a grant under section 2011,
                                                                                            2013, or 2061 of this title or a recipient of per diem payments
                                                                                            under this section for fees charged to that grant or per diem
                                                                                            payment recipient for the use of the homeless management informa-
                                                                                            tion system described in section 402(f) of the McKinney-Vento
                                                                                            Homeless Assistance Act (42 U.S.C. 11360a(f))—
                                                                                                        ‘‘(1) in amounts the Secretary determines to be reasonable;
                                                                                                 and
                                                                                                        ‘‘(2) if the Secretary determines that the grant or per diem
                                                                                                 payment recipient is unable to obtain information contained
                                                                                                 in such system through other means and at no cost to the
                                                                                                 grant or per diem payment recipient.’’.
                                                                                            SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PRO-
                                                                                                        GRAM OF REFERRAL AND COUNSELING SERVICES FOR
                                                                                                        VETERANS AT RISK FOR HOMELESSNESS WHO ARE
                                                                                                        TRANSITIONING FROM CERTAIN INSTITUTIONS.
                                                                                                (a) IN GENERAL.—Section 2023 of title 38, United States Code,
                                                                                            is amended—
                                                                                                     (1) by striking subsection (d); and
                                                                                                     (2) by redesignating subsection (e) as subsection (d).
                                                                                                (b) CONFORMING AMENDMENT.—Section 2021(a)(4) of such title
                                                                                            is amended by striking ‘‘section 2023(e)’’ and inserting ‘‘section
                                                                                            2023(d)’’.
                                                                                            SEC. 4206. COORDINATION OF CASE MANAGEMENT SERVICES FOR VET-
                                                                                                         ERANS RECEIVING HOUSING VOUCHERS UNDER TRIBAL
                                                                                                         HOUSING    AND   URBAN   DEVELOPMENT-VETERANS
                                                                                                         AFFAIRS SUPPORTIVE HOUSING PROGRAM.
                                                                                                Section 2003 of title 38, United States Code, is amended by
                                                                                            adding at the end the following new subsection:
                                                                                                ‘‘(c) MEMORANDUM OF UNDERSTANDING ON ASSISTANCE FROM
                                                                                            INDIAN HEALTH SERVICE.—The Secretary may enter into a memo-
                                                                                            randum of understanding with the Secretary of Health and Human
                                                                                            Services under which case managers of the Indian Health Service
                                                                                            may provide case management assistance to veterans who receive
                                                                                            housing vouchers under the Tribal Housing and Urban Develop-




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                                                                                            ment-Veterans Affairs Supportive Housing (Tribal HUD-VASH) pro-
                                                                                            gram of the Department of Housing and Urban Development.’’.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5015
                                                                    SEC. 4207. CONTRACTS RELATING TO CASE MANAGERS FOR HOMELESS
                                                                                 VETERANS IN SUPPORTED HOUSING PROGRAM.
                                                                         (a) IN GENERAL.—Section 304 of the Honoring America’s Vet-
                                                                    erans and Caring for Camp Lejeune Families Act of 2012 (Public
                                                                    Law 112–154; 38 U.S.C. 2041 note) is amended—
                                                                               (1) in subsection (a)—
                                                                                      (A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
                                                                                      (B) by adding at the end the following new paragraphs:
                                                                         ‘‘(2)(A) The director of each covered medical center shall seek
                                                                    to enter into one or more contracts or agreements described in
                                                                    paragraph (1).
                                                                         ‘‘(B) Any contract or agreement under subparagraph (A) may
                                                                    require that each case manager employed by an eligible entity
                                                                    who performs services under the contract or agreement has creden-
                                                                    tials equivalent to the credentials required for a case manager
                                                                    of the Department.
                                                                         ‘‘(C)(i) The Secretary may waive the requirement under                                           Waiver authority.
                                                                    subparagraph (A) with respect to a covered medical center if the                                      Determination.
                                                                    Secretary determines that fulfilling such requirement is infeasible.
                                                                         ‘‘(ii) If the Secretary grants a waiver under clause (i), the                                    Reports.
                                                                    Secretary shall, not later than 90 days after granting such waiver,                                   Plans.
                                                                    submit to the Committee on Veterans’ Affairs of the Senate and
                                                                    the Committee on Veterans’ Affairs of the House of Representatives
                                                                    a report containing—
                                                                               ‘‘(I) an explanation of the determination made under clause
                                                                         (i);
                                                                               ‘‘(II) a plan to increase the number of case managers of
                                                                         the Department; and
                                                                               ‘‘(III) a plan for the covered medical center to increase
                                                                         use of housing vouchers allocated to that medical center under
                                                                         the program described in paragraph (1).
                                                                         ‘‘(D) In this paragraph, the term ‘covered medical center’ means                                 Definition.
                                                                    a medical center of the Department with respect to which the                                          Determination.
                                                                    Secretary determines that—
                                                                               ‘‘(i) more than 15 percent of all housing vouchers allocated
                                                                         to that medical center under the program described in para-
                                                                         graph (1) during the fiscal year preceding the fiscal year in
                                                                         which such determination was made were unused due to a
                                                                         lack of case management services provided by the Secretary;
                                                                         and
                                                                               ‘‘(ii) one or more case manager positions have been vacant                                 Time period.
                                                                         for at least nine consecutive months immediately preceding
                                                                         the date of such determination.’’; and
                                                                               (2) in subsection (b)(2)—
                                                                                      (A) in the matter before subparagraph (A), by striking
                                                                               ‘‘, including because—’’ and inserting a period; and
                                                                                      (B) by striking subparagraphs (A), (B), and (C).
                                                                         (b) EFFECTIVE DATE.—The amendments made by this section                                          38 USC 2041
                                                                    shall take effect on the first day of the first fiscal year that begins                               note.
                                                                    after the date of the enactment of this Act.
                                                                    SEC. 4208. REPORT ON STAFFING OF DEPARTMENT OF HOUSING AND                                            38 USC 2003
                                                                                URBAN DEVELOPMENT-DEPARTMENT OF VETERANS                                                  note.
                                                                                AFFAIRS SUPPORTED HOUSING PROGRAM.
                                                                         Not later than 180 days after the date of the enactment of




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                                                                    this Act, and every three years thereafter, the Secretary of Veterans
                                                                    Affairs shall submit to the Committee on Veterans’ Affairs of the




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                                                                    134 STAT. 5016                             PUBLIC LAW 116–315—JAN. 5, 2021

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

                                                                                                    Subtitle C—Retraining Assistance for
                                                                                                                 Veterans
                                                                                            SEC. 4301. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS
                                                                                                        AFFAIRS TO THE FEDERAL DIRECTORY OF NEW HIRES.
                                                                                                Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h))
                                                                                            is amended by adding at the end the following new paragraph:
                                                                                                    ‘‘(4) VETERAN EMPLOYMENT.—The Secretaries of Labor and
                                                                                                of Veterans Affairs shall have access to information reported
                                                                                                by employers pursuant to subsection (b) of this section for




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                                                                                                purposes of tracking employment of veterans.’’.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5017
                                                                    SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH
                                                                                TECHNOLOGY PROGRAMS OF EDUCATION FOR VET-
                                                                                ERANS.
                                                                        Section 116 of the Harry W. Colmery Veterans Educational
                                                                    Assistance Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 note)
                                                                    is amended—
                                                                              (1) in subsection (b), by adding at the end the following:                                  Determination.
                                                                        ‘‘The Secretary shall treat an individual as an eligible veteran                                  Time period.
                                                                        if the Secretary determines that the individual shall become
                                                                        an eligible veteran fewer than 180 days after the date of such
                                                                        determination. If an individual treated as an eligible veteran
                                                                        by reason of the preceding sentence does anything to make
                                                                        the veteran ineligible during the 180-day period referred to
                                                                        in such sentence, the Secretary may require the veteran to
                                                                        repay any benefits received by such veteran by reason of such
                                                                        sentence.’’;
                                                                              (2) in subsection (c)—
                                                                                   (A) in paragraph (3)(A), by striking ‘‘has been oper-
                                                                              ational for at least 2 years’’ and inserting ‘‘employs instruc-
                                                                              tors whom the Secretary determines are experts in their
                                                                              respective fields in accordance with paragraph (6)’’; and
                                                                                   (B) by adding at the end the following new paragraph:
                                                                              ‘‘(6) EXPERTS.—The Secretary shall determine whether                                        Determination.
                                                                        instructors are experts under paragraph (3)(A) based on evi-
                                                                        dence furnished to the Secretary by the provider regarding
                                                                        the ability of the instructors to—
                                                                                   ‘‘(A) identify professions in need of new employees to
                                                                              hire, tailor the programs to meet market needs, and iden-
                                                                              tify the employers likely to hire graduates;
                                                                                   ‘‘(B) effectively teach the skills offered to eligible vet-
                                                                              erans;
                                                                                   ‘‘(C) provide relevant industry experience in the fields
                                                                              of programs offered to incoming eligible veterans; and
                                                                                   ‘‘(D) demonstrate relevant industry experience in such
                                                                              fields of programs.’’;
                                                                              (3) in subsection (d), in the matter preceding paragraph
                                                                        (1)—
                                                                                   (A) by inserting ‘‘(not including an individual described
                                                                              in the second sentence of subsection (b))’’ after ‘‘each eligible
                                                                              veteran’’; and
                                                                                   (B) by inserting ‘‘or part-time’’ after ‘‘full-time’’;
                                                                              (4) in subsection (g), by striking ‘‘$15,000,000’’ and inserting
                                                                        ‘‘$45,000,000’’; and
                                                                              (5) by adding at the end the following new subsection
                                                                        (i):
                                                                        ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF ASSISTANCE.—
                                                                    The Secretary may not consider enrollment in a high technology
                                                                    program of education under this section to be assistance under
                                                                    a provision of law referred to in section 3695 of title 38, United
                                                                    States Code.’’.
                                                                    SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR
                                                                                 VETERANS AND SPOUSES.
                                                                        (a) EXTENSION OF PILOT PROGRAM.—Subsection (a) of section
                                                                    301 of the Dignified Burial and Other Veterans’ Benefits Improve-




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                                                                    ment Act of 2012 (Public Law 112–260; 10 U.S.C. 1144 note) is
                                                                    amended—




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                                                                    134 STAT. 5018                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                       (1) by striking ‘‘During the two-year period beginning on
                                                                                                 the date of the enactment of this Act’’ and inserting ‘‘During
                                                                                                 the five-year period beginning on the date of the enactment
                                                                                                 of the Navy SEAL Bill Mulder Act of 2020’’; and
                                                                                                       (2) by striking ‘‘to assess the feasibility and advisability
                                                                                                 of providing such program to eligible individuals at locations
                                                                                                 other than military installations’’.
                                                                                                 (b) LOCATIONS.—Subsection (c) of such section is amended—
                                                                                                       (1) in paragraph (1)—
                                                                                                             (A) in the paragraph heading, by striking ‘‘STATES’’
                                                                                                       and inserting ‘‘LOCATIONS’’; and
                                                                                                             (B) by striking ‘‘not less than three and not more
                                                                                                       than five States’’ and inserting ‘‘not fewer than 50 locations
                                                                                                       in States (as defined in section 101 of title 38, United
                                                                                                       States Code)’’;
                                                                                                       (2) in paragraph (2), by striking ‘‘at least two’’ and inserting
                                                                                                 ‘‘at least 20’’; and
                                                                                                       (3) by adding at the end the following new paragraphs:
                                                                                                       ‘‘(5) PREFERENCES.—In selecting States for participation
                                                                                                 in the pilot program, the Secretary shall provide a preference
                                                                                                 for any State with—
                                                                                                             ‘‘(A) a high rate of usage of unemployment benefits
                                                                                                       for recently separated members of the Armed Forces; or
                                                                                                             ‘‘(B) a labor force or economy that has been signifi-
                                                                                                       cantly impacted by a covered public health emergency.
                                                                                                       ‘‘(6) COVERED PUBLIC HEALTH EMERGENCY DEFINED.—In this
                                                                                                 subsection, the term ‘covered public health emergency’ means—
                                                                                                             ‘‘(A) the public health emergency declared by the Sec-
                                                                                                       retary of Health and Human Services under section 319
                                                                                                       of the Public Health Service Act (42 U.S.C. 247d) on
                                                                                                       January 31, 2020, with respect to Coronavirus Disease
                                                                                                       2019 (COVID–19); or
                                                                                                             ‘‘(B) a domestic emergency declared, based on an out-
                                                                                                       break of Coronavirus Disease 2019 (COVID–19), by the
                                                                                                       President, the Secretary of Homeland Security, or a State
                                                                                                       or local authority.’’.
                                                                                                 (c) ANNUAL REPORT.—Subsection (e) of such section is amended
                                                                                            by adding at the end the following new sentence: ‘‘Each such report
                                                                                            shall include information about the employment outcomes of the
                                                                                            eligible individuals who received such training during the year
                                                                                            covered by the report.’’.
                                                                                                 (d) CONFORMING REPEAL.—Subsection (f) of such section is
                                                                                            repealed.
                                                                    38 USC 4100             SEC. 4304. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO
                                                                    note.                               MEMBERS OF THE ARMED FORCES AFTER SEPARATION,
                                                                                                        RETIREMENT, OR DISCHARGE.
                                                                                                 (a) IN GENERAL.—The Secretary of Veterans Affairs shall make
                                                                                            grants to eligible organizations for the provision of transition assist-
                                                                                            ance to members of the Armed Forces who are separated, retired,
                                                                                            or discharged from the Armed Forces, and spouses of such members.
                                                                    Determination.               (b) USE OF FUNDS.—The recipient of a grant under this section
                                                                                            shall use the grant to provide to members of the Armed Forces
                                                                                            and spouses described in subsection (a) resume assistance, interview




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                                                                                            training, job recruitment training, and related services leading
                                                                                            directly to successful transition, as determined by the Secretary.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5019

                                                                         (c) ELIGIBLE ORGANIZATIONS.—To be eligible for a grant under                                     Consultation.
                                                                    this section, an organization shall submit to the Secretary an
                                                                    application containing such information and assurances as the Sec-
                                                                    retary, in consultation with the Secretary of Labor, may require.
                                                                         (d) PRIORITY.—In making grants under this section, the Sec-
                                                                    retary shall give priority to an organization that—
                                                                              (1) provides multiple forms of services described in sub-
                                                                         section (b); or
                                                                              (2) is located in a State with—
                                                                                   (A) a high rate of unemployment among veterans;
                                                                                   (B) a high rate of usage of unemployment benefits
                                                                              for recently separated members of the Armed Forces; or
                                                                                   (C) a labor force or economy that has been significantly
                                                                              impacted by a covered public health emergency (as such
                                                                              term is defined in section 131(n)).
                                                                         (e) AMOUNT OF GRANT.—A grant under this section shall be
                                                                    in an amount that does not exceed 50 percent of the amount
                                                                    required by the organization to provide the services described in
                                                                    subsection (b).
                                                                         (f) DEADLINE.—The Secretary shall carry out this section not
                                                                    later than 180 days after the date of the enactment of this Act.
                                                                         (g) TERMINATION.—The authority to provide a grant under this
                                                                    section shall terminate on the date that is five years after the
                                                                    date on which the Secretary implements the grant program under
                                                                    this section.
                                                                    SEC. 4305. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVE-
                                                                                 NESS OF TRANSITION ASSISTANCE PROGRAM.
                                                                         (a) INDEPENDENT ASSESSMENT.—Not later than 90 days after                                         Deadline.
                                                                    the date of the enactment of this Act, the Secretary of Veterans                                      Consultation.
                                                                    Affairs, in consultation with the covered officials, shall enter into                                 Contracts.
                                                                    an agreement with an appropriate entity with experience in adult
                                                                    education to carry out a one-year independent assessment of the
                                                                    Transition Assistance Program under sections 1142 and 1144 of
                                                                    title 10, United States Code (TAP), including—
                                                                              (1) the effectiveness of the Transition Assistance Program
                                                                         for members of each military department during the entire
                                                                         military life cycle;
                                                                              (2) the appropriateness of the career readiness standards
                                                                         of the Transition Assistance Program;
                                                                              (3) a review of information that is provided to the Depart-                                 Review.
                                                                         ment of Veterans Affairs under the Transition Assistance Pro-
                                                                         gram, including mental health data;
                                                                              (4) whether the Transition Assistance Program effectively
                                                                         addresses the challenges veterans face entering the civilian
                                                                         workforce and in translating experience and skills from military
                                                                         service to the job market;
                                                                              (5) whether the Transition Assistance Program effectively
                                                                         addresses the challenges faced by the families of veterans
                                                                         making the transition to civilian life;
                                                                              (6) appropriate metrics regarding outcomes of the Transi-
                                                                         tion Assistance Program for members of the Armed Forces
                                                                         one year after separation, retirement, or discharge from the
                                                                         Armed Forces;
                                                                              (7) what the Secretary, in consultation with the covered                                    Consultation.




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                                                                         officials and veterans service organizations, determine to be                                    Determination.
                                                                         successful outcomes for the Transition Assistance Program;




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                                                                    134 STAT. 5020                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                     (8) whether members of the Armed Forces achieve success-
                                                                                                ful outcomes for the Transition Assistance Program, as deter-
                                                                                                mined under paragraph (7);
                                                                                                     (9) how the Secretary and the covered officials provide
                                                                                                feedback to each other regarding such outcomes;
                                                                    Recommenda-                      (10) recommendations for the Secretaries of the military
                                                                    tions.                      departments regarding how to improve outcomes for members
                                                                                                of the Armed Forces after separation, retirement, and discharge;
                                                                                                and
                                                                    Determination.                   (11) other topics the Secretary and the covered officials
                                                                                                determine would aid members of the Armed Forces as they
                                                                                                transition to civilian life.
                                                                                                (b) REPORT.—Not later than 90 days after the completion of
                                                                                            the independent assessment under subsection (a), the Secretary
                                                                                            and the covered officials shall jointly submit to the appropriate
                                                                                            committees of Congress—
                                                                    Recommenda-                      (1) the findings and recommendations (including rec-
                                                                    tions.                      ommended legislation) of the independent assessment prepared
                                                                                                by the entity described in subsection (a); and
                                                                                                     (2) responses of the Secretary and the covered officials
                                                                                                to the findings and recommendations described in paragraph
                                                                                                (1).
                                                                                                (c) DEFINITIONS.—In this section:
                                                                                                     (1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
                                                                                                ‘‘appropriate committees of Congress’’ means—
                                                                                                          (A) the Committee on Veterans’ Affairs and the Com-
                                                                                                     mittee on Armed Services of the Senate; and
                                                                                                          (B) the Committee on Veterans’ Affairs and the Com-
                                                                                                     mittee on Armed Services of the House of Representatives.
                                                                                                     (2) COVERED OFFICIALS.—The term ‘‘covered officials’’
                                                                                                means—
                                                                                                          (A) the Secretary of Defense;
                                                                                                          (B) the Secretary of Labor;
                                                                                                          (C) the Administrator of the Small Business Adminis-
                                                                                                     tration; and
                                                                                                          (D) the Secretaries of the military departments.
                                                                                                     (3) MILITARY DEPARTMENT.—The term ‘‘military depart-
                                                                                                ment’’ has the meaning given that term in section 101 of
                                                                                                title 10, United States Code.
                                                                                            SEC. 4306. LONGITUDINAL STUDY ON CHANGES TO TRANSITION
                                                                                                       ASSISTANCE PROGRAM.
                                                                    Deadline.                    (a) STUDY.—Not later than 90 days after the date of the enact-
                                                                    Consultation.           ment of this Act, the Secretary of Veterans Affairs, in consultation
                                                                    Time period.            with the Secretary of Defense, the Secretary of Labor, and the
                                                                                            Administrator of the Small Business Administration, shall conduct
                                                                                            a five-year longitudinal study regarding the Transition Assistance
                                                                                            Program under sections 1142 and 1144 of title 10, United States
                                                                                            Code (TAP), on three separate cohorts of members of the Armed
                                                                                            Forces who have separated from the Armed Forces, including—
                                                                                                      (1) a cohort that has attended counseling under the Transi-
                                                                                                 tion Assistance Program as implemented on the date of the
                                                                                                 enactment of this Act;
                                                                                                      (2) a cohort that attends counseling under the Transition
                                                                                                 Assistance Program after the Secretary of Defense and the




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                                                                                                 Secretary of Labor implement changes recommended in the
                                                                                                 report under section 136(b); and




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5021

                                                                              (3) a cohort that has not attended counseling under the
                                                                         Transition Assistance Program.
                                                                         (b) PROGRESS REPORTS.—Not later than 90 days after the date
                                                                    that is one year after the date of the initiation of the study under
                                                                    subsection (a), and annually thereafter for the three subsequent
                                                                    years, the Secretary of Veterans Affairs, the Secretary of Defense,
                                                                    the Secretary of Labor, and the Administrator of the Small Business
                                                                    Administration shall jointly submit to the appropriate committees
                                                                    of Congress a progress report of activities under the study during
                                                                    the immediately preceding year.
                                                                         (c) FINAL REPORT.—
                                                                              (1) IN GENERAL.—Not later than 180 days after the comple-                                   Recommenda-
                                                                         tion of the study under subsection (a), the Secretary of Veterans                                tions.
                                                                         Affairs, the Secretary of Defense, the Secretary of Labor, and
                                                                         the Administrator of the Small Business Administration shall
                                                                         jointly submit to the appropriate committees of Congress a
                                                                         report of final findings and recommendations based on the
                                                                         study.
                                                                              (2) ELEMENTS.—The final report under paragraph (1) shall
                                                                         include information regarding the following:
                                                                                   (A) The percentage of each cohort that received
                                                                              unemployment benefits during the study under subsection
                                                                              (a).
                                                                                   (B) The numbers of months members of each cohort
                                                                              were employed during the study.
                                                                                   (C) Annual starting and ending salaries of members
                                                                              of each cohort who were employed during the study.
                                                                                   (D) How many members of each cohort enrolled in
                                                                              an institution of higher learning, as that term is defined
                                                                              in section 3452(f) of title 38, United States Code.
                                                                                   (E) The academic credit hours, degrees, and certificates
                                                                              obtained by members of each cohort during the study.
                                                                                   (F) The annual income of members of each cohort.
                                                                                   (G) The total household income of members of each
                                                                              cohort.
                                                                                   (H) How many members of each cohort own their prin-
                                                                              cipal residences.
                                                                                   (I) How many dependents members of each cohort
                                                                              have.
                                                                                   (J) The percentage of each cohort that achieves a
                                                                              successful outcome for the Transition Assistance Program,
                                                                              as determined under section 136(a)(7).
                                                                                   (K) Other criteria the Secretaries and the Adminis-                                    Criteria.
                                                                              trator of the Small Business Administration determine
                                                                              appropriate.
                                                                         (d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
                                                                    section, the term ‘‘appropriate committees of Congress’’ means—
                                                                              (1) the Committee on Veterans’ Affairs and the Committee
                                                                         on Armed Services of the Senate; and
                                                                              (2) the Committee on Veterans’ Affairs and the Committee
                                                                         on Armed Services of the House of Representatives.

                                                                                 TITLE V—DEBORAH SAMPSON                                                                  Deborah
                                                                                                                                                                          Sampson Act of
                                                                                                                                                                          2020.
                                                                    SEC. 5001. SHORT TITLE.




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                                                                                                                                                                          38 USC 101 note.
                                                                           This title may be cited as the ‘‘Deborah Sampson Act of 2020’’.




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                                                                    134 STAT. 5022                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                            Subtitle A—Improving Access for Women
                                                                                             Veterans to the Department of Veterans
                                                                                             Affairs
                                                                                            SEC. 5101. OFFICE OF WOMEN’S HEALTH IN DEPARTMENT OF VET-
                                                                                                        ERANS AFFAIRS.
                                                                                                 (a) CHIEF OFFICER OF WOMEN’S HEALTH.—Subsection (a) of
                                                                                            section 7306 of title 38, United States Code, is amended—
                                                                                                      (1) by redesignating paragraph (10) as paragraph (11);
                                                                                                 and
                                                                                                      (2) by inserting after paragraph (9) the following new para-
                                                                                                 graph (10):
                                                                                                      ‘‘(10) The Chief Officer of Women’s Health.’’.
                                                                                                 (b) ORGANIZATION OF OFFICE AND ANNUAL REPORTS.—
                                                                                                      (1) IN GENERAL.—Subchapter I of chapter 73 of title 38,
                                                                                                 United States Code, is amended by adding at the end of the
                                                                                                 following new sections:
                                                                    38 USC 7310.            ‘‘§ 7310. Office of Women’s Health
                                                                                                 ‘‘(a) ESTABLISHMENT.—(1) The Under Secretary for Health shall
                                                                                            establish and operate in the Veterans Health Administration the
                                                                                            Office of Women’s Health (in this section referred to as the ‘Office’).
                                                                                                 ‘‘(2) The Office shall be located at the Central Office of the
                                                                                            Department of Veterans Affairs.
                                                                                                 ‘‘(3)(A) The head of the Office is the Chief Officer of Women’s
                                                                                            Health (in this section referred to as the ‘Chief Officer’).
                                                                                                 ‘‘(B) The Chief Officer shall report to the Under Secretary
                                                                                            for Health.
                                                                                                 ‘‘(4) The Under Secretary for Health shall provide the Office
                                                                                            with such staff and other support as may be necessary for the
                                                                                            Office to carry out effectively the functions of the Office under
                                                                                            this section.
                                                                                                 ‘‘(5) The Under Secretary for Health may reorganize existing
                                                                                            offices within the Veterans Health Administration as of the date
                                                                                            of the enactment of this section in order to avoid duplication with
                                                                                            the functions of the Office.
                                                                                                 ‘‘(b) FUNCTIONS.—The functions of the Office include the fol-
                                                                                            lowing:
                                                                                                       ‘‘(1) To provide a central office for monitoring and encour-
                                                                                                 aging the activities of the Veterans Health Administration with
                                                                                                 respect to the provision, evaluation, and improvement of health
                                                                                                 care services provided to women veterans by the Department.
                                                                                                       ‘‘(2) To develop and implement standards of care for the
                                                                                                 provision of health care for women veterans by the Department.
                                                                                                       ‘‘(3) To monitor and identify deficiencies in standards of
                                                                                                 care for the provision of health care for women veterans by
                                                                                                 the Department, to provide technical assistance to medical
                                                                                                 facilities of the Department to address and remedy deficiencies,
                                                                                                 and to perform oversight of implementation of such standards
                                                                                                 of care.
                                                                    Recommenda-                        ‘‘(4) To monitor and identify deficiencies in standards of
                                                                    tions.                       care for the provision of health care for women veterans pro-
                                                                                                 vided through the community pursuant to this title and to




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                                                                                                 provide recommendations to the appropriate office to address
                                                                                                 and remedy any deficiencies.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5023

                                                                               ‘‘(5) To oversee distribution of resources and information
                                                                         related to health programming for women veterans under this
                                                                         title.
                                                                               ‘‘(6) To promote the expansion and improvement of clinical,
                                                                         research, and educational activities of the Veterans Health
                                                                         Administration with respect to the health care of women vet-
                                                                         erans.
                                                                               ‘‘(7) To provide, as part of the annual budgeting process,                                 Recommenda-
                                                                         recommendations with respect to the amounts to be requested                                      tions.
                                                                         for furnishing hospital care and medical services to women
                                                                         veterans pursuant to chapter 17 of this title, including, at
                                                                         a minimum, recommendations that ensure that such amounts
                                                                         either reflect or exceed the proportion of veterans enrolled
                                                                         in the system of patient enrollment of the Department estab-
                                                                         lished and operated under section 1705(a) of this title who
                                                                         are women.
                                                                               ‘‘(8) To provide recommendations to the Under Secretary                                    Recommenda-
                                                                         for Health with respect to modifying the Veterans Equitable                                      tions.
                                                                         Resource Allocation system, or successor system, to ensure that
                                                                         resource allocations under such system, or successor system,
                                                                         reflect the health care needs of women veterans.
                                                                               ‘‘(9) To carry out such other duties as the Under Secretary
                                                                         for Health may require.
                                                                         ‘‘(c) RECOMMENDATIONS.—(1) If the Under Secretary for Health                                     Determination.
                                                                    determines not to implement any recommendation made by the                                            Notification.
                                                                                                                                                                          Deadline.
                                                                    Chief Officer with respect to the allocation of resources to address
                                                                    the health care needs of women veterans, the Secretary shall notify
                                                                    the appropriate congressional committees of such determination
                                                                    by not later than 30 days after the date on which the Under
                                                                    Secretary for Health receives the recommendation.
                                                                         ‘‘(2) Each notification under paragraph (1) relating to a deter-
                                                                    mination with respect to a recommendation shall include the fol-
                                                                    lowing:
                                                                               ‘‘(A) The reasoning of the Under Secretary for Health in
                                                                         making the determination.
                                                                               ‘‘(B) An alternative, if one is selected, to the recommenda-
                                                                         tion that the Under Secretary for Health will carry out to
                                                                         fulfill the health care needs of women veterans.
                                                                         ‘‘(d) STANDARDS OF CARE.—For purposes of carrying out the                                        Requirements.
                                                                    functions of the Office under this section, the standards of care
                                                                    for the provision of health care for women veterans from the Depart-
                                                                    ment shall include, at a minimum, the following:
                                                                               ‘‘(1) A requirement for—
                                                                                     ‘‘(A) at least one designated women’s health primary
                                                                               care provider at each medical center of the Department
                                                                               whose duties include, to the extent practicable, providing
                                                                               training to other health care providers of the Department
                                                                               with respect to the needs of women veterans; and
                                                                                     ‘‘(B) at least one designated women’s health primary
                                                                               care provider at each community-based outpatient clinic
                                                                               of the Department who may serve women patients as a
                                                                               percentage of the total duties of the provider.
                                                                               ‘‘(2) Other requirements as determined by the Under Sec-                                   Determination.




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                                                                         retary for Health.
                                                                         ‘‘(e) OUTREACH.—The Chief Officer shall ensure that—                                             Deadlines.




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                                                                    134 STAT. 5024                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                         ‘‘(1) not less frequently than biannually, each medical
                                                                                                   facility of the Department holds a public forum for women
                                                                                                   veterans that occurs outside of regular business hours; and
                                                                                                         ‘‘(2) not less frequently than quarterly, each medical facility
                                                                                                   of the Department convenes a focus group of women veterans
                                                                                                   that includes a discussion of harassment occurring at such
                                                                                                   facility.
                                                                                                   ‘‘(f) DEFINITIONS.—In this section:
                                                                                                         ‘‘(1) The term ‘appropriate congressional committees’ has
                                                                                                   the meaning given that term in section 7310A(h) of this title.
                                                                                                         ‘‘(2) The term ‘facility of the Department’ has the meaning
                                                                                                   given the term ‘facilities of the Department’ in section 1701(3)
                                                                                                   of this title.
                                                                                                         ‘‘(3) The term ‘Veterans Equitable Resource Allocation
                                                                                                   system’ means the resource allocation system established
                                                                                                   pursuant to section 429 of the Departments of Veterans Affairs
                                                                                                   and Housing and Urban Development, and Independent Agen-
                                                                                                   cies Appropriations Act, 1997 (Public Law 104–204; 110 Stat.
                                                                                                   2929).
                                                                    Analyses.               ‘‘§ 7310A. Annual reports on women’s health
                                                                    38 USC 7310A.
                                                                                                 ‘‘(a) ANNUAL REPORTS.—Not later than December 1 of each
                                                                                            year, the Chief Officer of Women’s Health shall submit to the
                                                                                            appropriate congressional committees a report containing the mat-
                                                                                            ters under subsections (b) through (g).
                                                                                                 ‘‘(b) OFFICE OF WOMEN’S HEALTH.—Each report under sub-
                                                                                            section (a) shall include a description of—
                                                                                                       ‘‘(1) actions taken by the Office of Women’s Health estab-
                                                                                                 lished under section 7310 of this title in the preceding fiscal
                                                                                                 year to improve the provision of health care by the Department
                                                                                                 to women veterans;
                                                                                                       ‘‘(2) any identified deficiencies related to the provision of
                                                                                                 health care by the Department to women veterans and the
                                                                                                 standards of care established in such section and the plan
                                                                                                 of the Department to address such deficiencies;
                                                                                                       ‘‘(3) the funding and personnel provided to the Office and
                                                                                                 whether additional funding or personnel are needed to meet
                                                                                                 the requirements of such section; and
                                                                                                       ‘‘(4) other information that would be of interest to the
                                                                                                 appropriate congressional committees with respect to oversight
                                                                                                 of the provision of health care by the Department to women
                                                                                                 veterans.
                                                                                                 ‘‘(c) ACCESS TO GENDER-SPECIFIC SERVICES.—(1) Each report
                                                                                            under subsection (a) shall include an analysis of the access of
                                                                                            women veterans to gender-specific services under contracts, agree-
                                                                                            ments, or other arrangements with non-Department medical pro-
                                                                                            viders entered into by the Secretary for the provision of hospital
                                                                                            care or medical services to veterans.
                                                                                                 ‘‘(2) The analysis under paragraph (1) shall include data and
                                                                                            performance measures for the availability of gender-specific services
                                                                                            described in such paragraph, including—
                                                                                                       ‘‘(A) the average wait time between the preferred appoint-
                                                                                                 ment date of the veteran and the date on which the appoint-
                                                                                                 ment is completed;




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                                                                                                       ‘‘(B) the average driving time required for veterans to
                                                                                                 attend appointments; and




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5025

                                                                              ‘‘(C) reasons why appointments could not be scheduled
                                                                        with non-Department medical providers.
                                                                        ‘‘(d) MODELS OF CARE.—(1) Each report under subsection (a)
                                                                    shall include an analysis of the use by the Department of general
                                                                    primary care clinics, separate but shared spaces, and women’s
                                                                    health centers as delivery of care models for women veterans.
                                                                        ‘‘(2) The analysis under paragraph (1) shall include the fol-                                     Assessments.
                                                                    lowing:
                                                                              ‘‘(A) The number of facilities of the Department that fall
                                                                        into each delivery of care model described in such paragraph,
                                                                        disaggregated by Veterans Integrated Service Network and
                                                                        State.
                                                                              ‘‘(B) A description of the criteria used by the Department
                                                                        to determine which such model is most appropriate for each
                                                                        facility of the Department.
                                                                              ‘‘(C) An assessment of how the Department decides to
                                                                        make investments to modify facilities to a different model.
                                                                              ‘‘(D) A description of what, if any, plans the Department
                                                                        has to modify facilities from general primary care clinics to
                                                                        another model.
                                                                              ‘‘(E) An assessment of whether any facilities could be modi-
                                                                        fied to a separate but shared space for a women’s health center
                                                                        within planned investments under the strategic capital invest-
                                                                        ment planning process of the Department.
                                                                              ‘‘(F) An assessment of whether any facilities could be modi-
                                                                        fied to a separate or shared space or a women’s health center
                                                                        with minor modifications to existing plans under the strategic
                                                                        capital investment planning process of the Department.
                                                                              ‘‘(G) An assessment of whether the Department has a goal
                                                                        for how many facilities should fall into each such model.
                                                                        ‘‘(e) STAFFING.—Each report under subsection (a) shall include
                                                                    an analysis of the staffing of the Department relating to the treat-
                                                                    ment of women, including the following, disaggregated by Veterans
                                                                    Integrated Service Network and State (except with respect to para-
                                                                    graph (4)):
                                                                              ‘‘(1) The number of women’s health centers.
                                                                              ‘‘(2) The number of patient aligned care teams of the
                                                                        Department relating to women’s health.
                                                                              ‘‘(3) The number of full- and part-time gynecologists of
                                                                        the Department.
                                                                              ‘‘(4) The number of designated women’s health care pro-
                                                                        viders of the Department, disaggregated by facility of the
                                                                        Department.
                                                                              ‘‘(5) The number of health care providers of the Department                                 Time periods.
                                                                        who have completed a mini-residency for women’s health care
                                                                        through the Women Veterans Health Care Mini-Residency Pro-
                                                                        gram of the Department during the one-year period preceding
                                                                        the submittal of the report and the number of mini-residency
                                                                        training slots for such program that are available during the
                                                                        one-year period following such date.
                                                                              ‘‘(6) The number of designated women’s health care pro-
                                                                        viders of the Department who have sufficient women patient
                                                                        loads or case complexities to retain their competencies and
                                                                        proficiencies.
                                                                        ‘‘(f) ACCESSIBILITY AND TREATMENT OPTIONS.—Each report




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                                                                    under subsection (a) shall include an analysis of the accessibility
                                                                    and treatment options for women veterans, including the following:




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                                                                    134 STAT. 5026                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    Assessments.                         ‘‘(1) An assessment of wheelchair accessibility of women’s
                                                                                                   health centers of the Department, including, with respect to
                                                                                                   each such center, an assessment of accessibility for each kind
                                                                                                   of treatment provided at the center, including with respect
                                                                                                   to radiology and mammography, that addresses all relevant
                                                                                                   factors, including door sizes, hoists, and equipment.
                                                                                                         ‘‘(2) The options for women veterans to access mental health
                                                                                                   providers and primary care providers who are women.
                                                                                                         ‘‘(3) The options for women veterans at medical facilities
                                                                                                   of the Department with respect to clothing sizes, including
                                                                                                   for gowns, drawstring pants, and pajamas.
                                                                                                   ‘‘(g) DEFINITIONS.—In this section:
                                                                                                         ‘‘(1) The term ‘appropriate congressional committees’
                                                                                                   means—
                                                                                                               ‘‘(A) the Committee on Appropriations and the Com-
                                                                                                         mittee on Veterans’ Affairs of the Senate; and
                                                                                                               ‘‘(B) the Committee on Appropriations and the Com-
                                                                                                         mittee on Veterans’ Affairs of the House of Representatives.
                                                                                                         ‘‘(2) The term ‘gender-specific services’ means mammog-
                                                                                                   raphy, obstetric care, gynecological care, and such other services
                                                                                                   as the Secretary determines appropriate.’’.
                                                                    38 USC 7310                          (2) REFERENCES TO HEALTH CARE AND SERVICES.—The ref-
                                                                    note.                          erences to health care and the references to services in sections
                                                                                                   7310 and 7310A of title 38, United States Code, as added
                                                                                                   by paragraph (1), are references to the health care and services
                                                                                                   included in the medical benefits package provided by the
                                                                                                   Department as in effect on the day before the date of the
                                                                                                   enactment of this Act.
                                                                                                         (3) CLERICAL AMENDMENT.—The table of sections for such
                                                                    38 USC 7301                    chapter is amended by inserting after the item relating to
                                                                    prec.                          section 7309A the following new items:
                                                                                            ‘‘7310. Office of Women’s Health.
                                                                                            ‘‘7310A. Annual reports on women’s health.’’.
                                                                    38 USC 7310A                (c) INITIAL REPORT.—The Chief Officer of Women’s Health of
                                                                    note.                   the Department of Veterans Affairs shall submit the initial report
                                                                                            under section 7310A of title 38, United States Code, as added
                                                                                            by subsection (b), by not later than one year after the date of
                                                                                            the enactment of this Act.
                                                                    38 USC 8110             SEC. 5102. WOMEN VETERANS RETROFIT INITIATIVE.
                                                                    note.
                                                                                                 (a) IN GENERAL.—The Secretary of Veterans Affairs shall
                                                                                            prioritize the retrofitting of existing medical facilities of the Depart-
                                                                                            ment of Veterans Affairs with fixtures, materials, and other outfit-
                                                                                            ting measures to support the provision of care to women veterans
                                                                                            at such facilities.
                                                                                                 (b) PLAN.—
                                                                    Deadline.                         (1) IN GENERAL.—Not later than one year after the date
                                                                                                 of the enactment of this Act, the Secretary shall submit to
                                                                                                 Congress, the Committee on Veterans’ Affairs of the Senate,
                                                                                                 and the Committee on Veterans’ Affairs of the House of Rep-
                                                                                                 resentatives a plan to address deficiencies in environment of
                                                                                                 care for women veterans at medical facilities of the Department.
                                                                                                      (2) ELEMENTS.—The plan required by paragraph (1) shall
                                                                                                 include the following:




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                                                                                                           (A) An explanation of the specific environment of care
                                                                                                      deficiencies that need correcting.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5027

                                                                                   (B) An assessment of how the Secretary prioritizes                                     Assessments.
                                                                              retrofitting existing medical facilities to support provision
                                                                              of care to women veterans in comparison to other require-
                                                                              ments.
                                                                                   (C) A five-year strategic plan and cost projection for
                                                                              retrofitting medical facilities of the Department to support
                                                                              the provision of care to women veterans as required under
                                                                              subsection (a).
                                                                         (c) AUTHORIZATION OF APPROPRIATIONS.—Subject to appropria-
                                                                    tions and the plan under (b), there is authorized to be appropriated
                                                                    to the Secretary $20,000,000 to carry out subsection (a) in addition
                                                                    to amounts otherwise made available to the Secretary for the pur-
                                                                    poses set forth in such subsection.
                                                                    SEC. 5103. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS                                             38 USC 1701
                                                                                AND INSPECTIONS AT DEPARTMENT OF VETERANS                                                 note.
                                                                                AFFAIRS MEDICAL CENTERS.
                                                                         (a) IN GENERAL.—The Secretary of Veterans Affairs shall estab-                                   Requirements.
                                                                    lish a policy under which the environment of care standards and
                                                                    inspections at medical centers of the Department of Veterans Affairs
                                                                    include—
                                                                              (1) an alignment of the requirements for such standards
                                                                         and inspections with the women’s health handbook of the Vet-
                                                                         erans Health Administration;
                                                                              (2) a requirement for the frequency of such inspections;
                                                                              (3) delineation of the roles and responsibilities of staff
                                                                         at each medical center who are responsible for compliance;
                                                                              (4) the requirement that each medical center submit to                                      Public
                                                                         the Secretary and make publicly available a report on the                                        information.
                                                                         compliance of the medical center with the standards; and                                         Reports.
                                                                              (5) a remediation plan.                                                                     Remediation
                                                                         (b) REPORT.—Not later than 180 days after the date of the                                        plan.
                                                                    enactment of this Act, the Secretary shall submit to the Committee                                    Certification.
                                                                    on Veterans’ Affairs of the Senate and the Committee on Veterans’
                                                                    Affairs of the House of Representatives a report certifying in writing
                                                                    that the policy required by subsection (a) has been finalized and
                                                                    disseminated to all medical centers of the Department.
                                                                    SEC. 5104. PROVISION OF REINTEGRATION AND READJUSTMENT SERV-
                                                                                 ICES TO VETERANS AND FAMILY MEMBERS IN GROUP
                                                                                 RETREAT SETTINGS.
                                                                        (a) IN GENERAL.—Section 1712A of title 38, United States Code,
                                                                    is amended—
                                                                               (1) in subsection (a)(1)(B)—
                                                                                    (A) in clause (ii), by redesignating subclauses (I) and
                                                                               (II) as items (aa) and (bb);
                                                                                    (B) by redesignating clauses (i) and (ii) as subclauses
                                                                               (I) and (II);
                                                                                    (C) in the matter preceding subclause (I), as redesig-
                                                                               nated by subparagraph (B), by striking ‘‘Counseling’’ and
                                                                               inserting ‘‘(i) Counseling’’; and
                                                                                    (D) by adding at the end the following new clause:
                                                                        ‘‘(ii)(I) Except as provided in subclauses (IV) and (V), counseling
                                                                    furnished to an individual under subparagraph (A) may include
                                                                    reintegration and readjustment services described in subclause (II)
                                                                    furnished in group retreat settings.




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                                                                        ‘‘(II) Reintegration and readjustment services described in this
                                                                    subclause are the following:




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                                                                    134 STAT. 5028                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                       ‘‘(aa) Information on reintegration of the individual into
                                                                                                 family, employment, and community.
                                                                                                       ‘‘(bb) Financial counseling.
                                                                                                       ‘‘(cc) Occupational counseling.
                                                                                                       ‘‘(dd) Information and counseling on stress reduction.
                                                                                                       ‘‘(ee) Information and counseling on conflict resolution.
                                                                                                       ‘‘(ff) Such other information and counseling as the Secretary
                                                                                                 considers appropriate to assist the individual in reintegration
                                                                                                 into family, employment, and community.
                                                                                                 ‘‘(III) In furnishing reintegration and readjustment services
                                                                                            under subclause (I), the Secretary shall offer women the opportunity
                                                                                            to receive such services in group retreat settings in which the
                                                                                            only participants are women.
                                                                                                 ‘‘(IV) An individual described in subparagraph (C)(v) may
                                                                                            receive reintegration and readjustment services under subclause
                                                                                            (I) of this clause only if the individual receives such services with
                                                                                            a family member described in subclause (I) or (II) of such subpara-
                                                                                            graph.
                                                                                                 ‘‘(V) In each of fiscal years 2021 through 2025, the maximum
                                                                                            number of individuals to whom integration and readjustment serv-
                                                                                            ices may be furnished in group retreat settings under this subclause
                                                                                            (I) shall not exceed 1,200 individuals.’’.
                                                                                                 (b) REQUEST FOR SERVICES.—Subsection (a)(2) of such section
                                                                                            is amended—
                                                                                                       (1) by striking ‘‘Upon’’ and inserting ‘‘(A) Upon’’;
                                                                                                       (2) by striking ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph
                                                                                                 (1)(B)(i)’’; and
                                                                                                       (3) by adding at the end the following new subparagraph:
                                                                    Determination.               ‘‘(B) Upon the request of an individual described in paragraph
                                                                                            (1)(C), the Secretary shall furnish the individual reintegration and
                                                                                            readjustment services in group retreat settings under paragraph
                                                                                            (1)(B)(ii) if the Secretary determines the experience will be thera-
                                                                                            peutically appropriate.’’.
                                                                    38 USC 3001             SEC. 5105. PROVISION OF LEGAL SERVICES FOR WOMEN VETERANS.
                                                                    note prec.
                                                                                                (a) AGREEMENT REQUIRED.—The Secretary of Veterans Affairs
                                                                                            shall enter into one or more agreements with public or private
                                                                                            entities to provide legal services to women veterans.
                                                                                                (b) FOCUS.—The focus of an agreement entered into under
                                                                                            subsection (a) shall be to address the following unmet needs of
                                                                                            women veterans as set forth in the most recently completed Commu-
                                                                                            nity Homelessness Assessment, Local Education and Networking
                                                                                            Groups for Veterans (CHALENG for Veterans) survey:
                                                                                                      (1) Child support.
                                                                                                      (2) Prevention of eviction and foreclosure.
                                                                                                      (3) Discharge upgrades.
                                                                                                      (4) Financial guardianship.
                                                                                                      (5) Credit counseling.
                                                                                                      (6) Family reconciliation assistance.
                                                                                            SEC. 5106. COMPTROLLER GENERAL SURVEYS AND REPORT ON SUP-
                                                                                                        PORTIVE SERVICES PROVIDED FOR VERY LOW-INCOME
                                                                                                        WOMEN VETERANS.
                                                                                                   (a) SURVEYS.—
                                                                    Determination.                      (1) SURVEY OF WOMEN VETERANS.—The Comptroller Gen-
                                                                                                   eral of the United States shall survey women veterans who




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                                                                                                   have received or are receiving supportive services provided
                                                                                                   under section 2044 of title 38, United States Code, to determine




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5029

                                                                           satisfaction with the ability of such services to meet the specific
                                                                           needs of such veterans.
                                                                                (2) SURVEY OF ELIGIBLE ENTITIES.—The Comptroller Gen-
                                                                           eral shall survey eligible entities receiving financial assistance
                                                                           under such section and other partners of the Department of
                                                                           Veterans Affairs, including veterans service organizations and
                                                                           the National Coalition of Homeless Veterans, on the view of
                                                                           such entities and partners regarding—
                                                                                     (A) whether the Department is meeting the needs of
                                                                                women veterans through the provision of supportive serv-
                                                                                ices under such section; and
                                                                                     (B) any additional supportive services that may be
                                                                                required to meet such needs.
                                                                           (b) REPORT.—
                                                                                (1) IN GENERAL.—Not later than 18 months after the date
                                                                           of the enactment of this Act, the Comptroller General of the
                                                                           United States shall submit to the Committee on Veterans’
                                                                           Affairs of the Senate and the Committee on Veterans’ Affairs
                                                                           of the House of Representatives a report on the efforts of
                                                                           the Department of Veterans Affairs to provide supportive serv-
                                                                           ices to women veterans under section 2044 of title 38, United
                                                                           States.
                                                                                (2) ELEMENTS.—The report required by paragraph (1) shall
                                                                           include the following:
                                                                                     (A) A review of how the Department determines which                                  Review.
                                                                                categories of supportive services would be beneficial to
                                                                                women veterans who receive services under such section.
                                                                                     (B) A description of the challenges women veterans
                                                                                who have children face in accessing supportive services
                                                                                under such section, including with respect to accessing—
                                                                                          (i) homeless shelters with their children;
                                                                                          (ii) homeless shelters that have restrictions on
                                                                                     male children; and
                                                                                          (iii) affordable child care.
                                                                                     (C) A description of how the Department identifies
                                                                                eligible entities under such section that can provide sup-
                                                                                portive services to meet the needs of women veterans,
                                                                                including eligible entities with experience in—
                                                                                          (i) intimate partner violence;
                                                                                          (ii) legal matters pertaining especially to women
                                                                                     veterans, including temporary restraining orders and
                                                                                     child care orders;
                                                                                          (iii) supportive services for children; and
                                                                                          (iv) the evaluation of which categories of services                             Evaluation.
                                                                                     would be beneficial to women veterans who receive
                                                                                     such services under such section.
                                                                                     (D) A description of how much the Department spends,
                                                                                from funds appropriated to carry out such section and
                                                                                funds provided under the Coronavirus Aid, Relief, and Eco-
                                                                                nomic Security Act (Public Law 116–136), on supportive
                                                                                services specifically for women veterans, and in particular,
                                                                                on the services described in subparagraph (A).
                                                                                     (E) The results of the surveys conducted under sub-
                                                                                section (a).




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                                                                                     (F) A review of the resources and programming offered                                Review.
                                                                                to woman veterans under such section.




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                                                                    134 STAT. 5030                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    Assessment.                              (G) An assessment of such other areas as the Comp-
                                                                                                        troller General considers appropriate.
                                                                                            SEC. 5107. PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN
                                                                                                         VETERANS.
                                                                                               (a) ASSISTANCE FOR CHILD CARE FOR CERTAIN VETERANS
                                                                                            RECEIVING HEALTH CARE.—
                                                                                                    (1) IN GENERAL.—Subchapter I of chapter 17 of title 38,
                                                                                               United States Code, is amended by adding at the end the
                                                                                               following new section:
                                                                    38 USC 1709C.           ‘‘§ 1709C. Assistance for child care for certain veterans
                                                                                                            receiving health care
                                                                                                 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall carry out a pro-
                                                                                            gram to provide, subject to subsection (b), assistance to qualified
                                                                                            veterans described in subsection (c) to obtain child care so that
                                                                                            such veterans can receive health care services described in sub-
                                                                                            section (c)(2).
                                                                                                 ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—Assistance may be
                                                                                            provided to a qualified veteran under this section for receipt of
                                                                                            child care only during the period that the qualified veteran—
                                                                                                       ‘‘(1) receives the types of health care services described
                                                                                                 in subsection (c)(2) at a facility of the Department; and
                                                                                                       ‘‘(2) requires travel to and return from such facility for
                                                                                                 the receipt of such health care services.
                                                                                                 ‘‘(c) QUALIFIED VETERANS.—For purposes of this section, a quali-
                                                                                            fied veteran is a veteran who—
                                                                                                       ‘‘(1) is the primary caretaker of a child or children; and
                                                                                                       ‘‘(2)(A) receives from the Department—
                                                                                                             ‘‘(i) regular mental health care services;
                                                                                                             ‘‘(ii) intensive mental health care services; or
                                                                                                             ‘‘(iii) such other intensive health care services that
                                                                                                       the Secretary determines that provision of assistance to
                                                                                                       the veteran to obtain child care would improve access to
                                                                                                       such health care services by the veteran; or
                                                                                                       ‘‘(B) is in need of regular or intensive mental health care
                                                                                                 services from the Department, and but for lack of child care
                                                                                                 services, would receive such health care services from the
                                                                                                 Department.
                                                                    Deadline.                    ‘‘(d) LOCATIONS.—Not later than five years after the date of
                                                                                            the enactment of the Deborah Sampson Act of 2020, the Secretary
                                                                                            shall carry out the program at each medical center of the Depart-
                                                                                            ment.
                                                                                                 ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) Child care assist-
                                                                                            ance under this section may include the following:
                                                                                                       ‘‘(A) Stipends for the payment of child care offered by
                                                                                                 a licensed child care center (either directly or through a voucher
                                                                                                 program) that shall be, to the extent practicable, modeled after
                                                                                                 the Department of Veterans Affairs Child Care Subsidy Pro-
                                                                                                 gram established pursuant to section 630 of the Treasury and
                                                                                                 General Government Appropriations Act, 2002 (Public Law
                                                                                                 107–67; 115 Stat. 552).
                                                                                                       ‘‘(B) Direct provision of child care at an on-site facility
                                                                                                 of the Department.
                                                                                                       ‘‘(C) Payments to private child care agencies.




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                                                                                                       ‘‘(D) Collaboration with facilities or programs of other Fed-
                                                                                                 eral agencies.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5031

                                                                               ‘‘(E) Such other forms of assistance as the Secretary con-
                                                                         siders appropriate.
                                                                         ‘‘(2) In providing child care assistance under this section, the
                                                                    child care needs of the local area shall be considered and the
                                                                    head of each medical center may select the type of care that is
                                                                    most appropriate or feasible for such medical center.
                                                                         ‘‘(3) In the case that child care assistance under this section
                                                                    is provided as a stipend under paragraph (1)(A), such stipend shall
                                                                    cover the full cost of such child care.’’.
                                                                               (2) CONFORMING AMENDMENT.—Section 205(e) of the Care-
                                                                         givers and Veterans Omnibus Health Services Act of 2010
                                                                         (Public Law 111–163; 38 U.S.C. 1710 note) is amended by
                                                                         striking ‘‘September 30, 2020’’ and inserting ‘‘the date of the
                                                                         enactment of the Deborah Sampson Act of 2020’’.
                                                                               (3) CLERICAL AMENDMENT.—The table of sections at the
                                                                         beginning of chapter 17 of such title is amended by inserting                                    38 USC 1701
                                                                         after the item relating to section 1709B the following new                                       prec.
                                                                         item:
                                                                    ‘‘1709C. Assistance for child care for certain veterans receiving health care,’’.
                                                                        (b) PILOT PROGRAM ON ASSISTANCE FOR CHILD CARE FOR CER-                                           38 USC 1712A
                                                                    TAIN VETERANS RECEIVING READJUSTMENT COUNSELING AND                                                   note.
                                                                    RELATED MENTAL HEALTH SERVICES.—
                                                                             (1) IN GENERAL.—The Secretary of Veterans Affairs shall
                                                                           carry out a pilot program to assess the feasibility and advis-
                                                                           ability of providing, subject to paragraph (2), assistance to
                                                                           qualified veterans described in paragraph (3) to obtain child
                                                                           care so that such veterans can receive readjustment counseling
                                                                           and related mental health services.
                                                                                (2) LIMITATION ON PERIOD OF PAYMENTS.—Assistance may
                                                                           be provided to a qualified veteran under the pilot program
                                                                           for receipt of child care only during the period that the qualified
                                                                           veteran receives readjustment counseling and related health
                                                                           care services at a Vet Center.
                                                                                (3) QUALIFIED VETERANS.—For purposes of this subsection,
                                                                           a qualified veteran is a veteran who—
                                                                                     (A) is the primary caretaker of a child or children;
                                                                                and
                                                                                     (B)(i) receives from the Department regular readjust-
                                                                                ment counseling and related mental health services; or
                                                                                     (ii) is in need of regular readjustment counseling and
                                                                                related mental health services from the Department, and
                                                                                but for lack of child care services, would receive such
                                                                                counseling and services from the Department.
                                                                                (4) LOCATIONS.—The Secretary shall carry out the pilot
                                                                           program in not fewer than three Readjustment Counseling
                                                                           Service Regions selected by the Secretary for purposes of the
                                                                           pilot program.
                                                                                (5) FORMS OF CHILD CARE ASSISTANCE.—
                                                                                     (A) IN GENERAL.—Child care assistance under the pilot
                                                                                program may include the following:
                                                                                           (i) Stipends for the payment of child care offered
                                                                                     by a licensed child care center (either directly or




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                                                                                     through a voucher program) that shall be, to the extent
                                                                                     practicable, modeled after the Department of Veterans




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                                                                    134 STAT. 5032                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                             Affairs Child Care Subsidy Program established pursu-
                                                                                                             ant to section 630 of the Treasury and General Govern-
                                                                                                             ment Appropriations Act, 2002 (Public Law 107–67;
                                                                                                             115 Stat. 552).
                                                                                                                  (ii) Payments to private child care agencies.
                                                                                                                  (iii) Collaboration with facilities or programs of
                                                                                                             other Federal agencies.
                                                                                                                  (iv) Such other forms of assistance as the Secretary
                                                                                                             considers appropriate.
                                                                                                             (B) LOCAL AREA.—In providing child care assistance
                                                                                                        under the pilot program, the child care needs of the local
                                                                                                        area shall be considered and the head of each Vet Center
                                                                                                        may select the type of care that is most appropriate or
                                                                                                        feasible for such Vet Center.
                                                                                                             (C) USE OF STIPEND.—In the case that child care assist-
                                                                                                        ance under the pilot program is provided as a stipend
                                                                                                        under subparagraph (A)(i), such stipend shall cover the
                                                                                                        full cost of such child care.
                                                                                                        (6) DURATION.—The pilot program shall be carried out
                                                                                                   during the two-year period beginning on the date of the
                                                                                                   commencement of the pilot program.
                                                                                                        (7) REPORT.—
                                                                                                             (A) IN GENERAL.—Not later than 180 days after the
                                                                                                        completion of the pilot program, the Secretary shall submit
                                                                                                        to Congress a report on the pilot program.
                                                                    Recommenda-                              (B) ELEMENTS.—The report required by subparagraph
                                                                    tions.                              (A) shall include the findings and conclusions of the Sec-
                                                                                                        retary regarding the pilot program, and shall include such
                                                                                                        recommendations for the continuation or expansion of the
                                                                                                        pilot program as the Secretary considers appropriate.
                                                                                                        (8) VET CENTER DEFINED.—In this subsection, the term
                                                                                                   ‘‘Vet Center’’ has the meaning given that term in section
                                                                                                   1712A(h) of title 38, United States Code.
                                                                                            SEC. 5108. AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS
                                                                                                        FROM DEPARTMENT OF VETERANS AFFAIRS.
                                                                                                 (a) ACCESS AT EACH MEDICAL FACILITY.—Section 1714(a) of
                                                                                            title 38, United States Code, is amended—
                                                                                                       (1) by striking ‘‘(a) Any veteran’’ and inserting ‘‘(a)(1) Any
                                                                                                 veteran’’; and
                                                                                                       (2) by adding at the end the following new paragraph:
                                                                                                 ‘‘(2) In furnishing prosthetic appliances under paragraph (1),
                                                                                            the Secretary shall ensure women veterans are able to access clini-
                                                                                            cally appropriate prosthetic appliances through each medical facility
                                                                                            of the Department.’’.
                                                                                                 (b) REPORT.—
                                                                    Assessment.                        (1) IN GENERAL.—Not later than one year after the date
                                                                                                 of the enactment of this Act, the Secretary of Veterans Affairs
                                                                                                 shall submit to the Committee on Veterans’ Affairs of the
                                                                                                 Senate and the Committee on Veterans’ Affairs of the House
                                                                                                 of Representatives a report on the availability from the Depart-
                                                                                                 ment of Veterans Affairs of prosthetics made for women vet-
                                                                                                 erans, including an assessment of the availability of such pros-
                                                                                                 thetics at medical facilities of the Department.




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                                                                                                       (2) ELEMENTS.—The report required by paragraph (1) shall
                                                                                                 include—




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5033

                                                                                      (A) a list of all devices classified by the Department                              List.
                                                                                 as prosthetic devices, including a breakdown of whether
                                                                                 a device is considered gender-neutral or gender-specific;
                                                                                      (B) for gender-neutral devices, a breakdown of sizing;
                                                                                      (C) the average time it takes for a woman veteran
                                                                                 to receive a prosthetic device after it is prescribed,
                                                                                 disaggregated by Veterans Integrated Service Network and
                                                                                 medical center of the Department;
                                                                                      (D) the total number of women veterans utilizing the
                                                                                 Department for prosthetic services, disaggregated by
                                                                                 facility of the Department;
                                                                                      (E) an assessment of efforts by the Department on                                   Assessment.
                                                                                 research, development, and employment of additive manu-
                                                                                 facture technology (commonly referred to as 3D printing)
                                                                                 to provide prosthetic items for women veterans;
                                                                                      (F) the results of a survey with a representative sample
                                                                                 of not fewer than 50,000 veterans (of which women shall
                                                                                 be overrepresented) in an amputee care program on satis-
                                                                                 faction with prosthetics furnished or procured by the
                                                                                 Department that replace appendages or their function; and
                                                                                      (G) such other information as the Secretary considers
                                                                                 appropriate.
                                                                    SEC. 5109. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS                                              38 USC 6303
                                                                                AFFAIRS WOMEN VETERANS CALL CENTER.                                                       note.
                                                                         The Secretary of Veterans Affairs shall enhance the capabilities
                                                                    of the women veterans call center of the Department of Veterans
                                                                    Affairs to respond to requests by women veterans for assistance
                                                                    with accessing health care and benefits furnished under the laws
                                                                    administered by the Secretary.
                                                                    SEC. 5110. STUDY ON INFERTILITY SERVICES FURNISHED AT DEPART-
                                                                                 MENT OF VETERANS AFFAIRS.
                                                                         (a) STUDY REQUIRED.—The Secretary of Veterans Affairs shall
                                                                    conduct a study on the infertility services offerings at the Depart-
                                                                    ment of Veterans Affairs.
                                                                         (b) ELEMENTS.—The study conducted under subsection (a) shall
                                                                    include the following:
                                                                               (1) An assessment of the following:                                                        Assessment.
                                                                                    (A) The availability of infertility services at facilities
                                                                               of the Department and through laws administered by the
                                                                               Secretary for the provision of non-Department care.
                                                                                    (B) The demand for such services from eligible individ-
                                                                               uals.
                                                                               (2) Identification of potential challenges in accessing infer-
                                                                         tility services for eligible individuals.
                                                                               (3) An analysis of Department resources for the furnishing                                 Analysis.
                                                                         of infertility services, including analysis of Department
                                                                         workforce and non-Department providers.
                                                                               (4) Development of recommendations for the improvement                                     Recommenda-
                                                                         of infertility services under laws administered by the Secretary                                 tions.
                                                                         to improve eligible individuals’ access, delivery of services, and
                                                                         health outcomes.
                                                                         (c) REPORT.—Not later than one year after the date of the
                                                                    enactment of this Act, the Secretary shall submit to the Committee
                                                                    on Veterans’ Affairs of the Senate and the Committee on Veterans’




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                                                                    Affairs of the House of Representatives a report on the study
                                                                    conducted under subsection (a).




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                                                                    134 STAT. 5034                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                  (d) ELIGIBLE INDIVIDUAL DEFINED.—In this section, the term
                                                                                            ‘‘eligible individual’’ means an individual who is a veteran who
                                                                                            is eligible for and enrolled in the health care system of the Depart-
                                                                                            ment under section 1705(a) of title 38, United States Code.
                                                                                            SEC. 5111. SENSE OF CONGRESS ON ACCESS TO FACILITIES OF
                                                                                                       DEPARTMENT OF VETERANS AFFAIRS BY RESERVISTS
                                                                                                       FOR COUNSELING AND TREATMENT RELATING TO MILI-
                                                                                                       TARY SEXUAL TRAUMA.
                                                                                                 (a) IN GENERAL.—It is the sense of Congress that members
                                                                                            of the reserve components of the Armed Forces, including members
                                                                                            of the National Guard, should be able to access all health care
                                                                                            facilities of the Department of Veterans Affairs, not just Vet Cen-
                                                                                            ters, to receive counseling and treatment relating to military sexual
                                                                                            trauma.
                                                                                                 (b) DEFINITIONS.—In this section:
                                                                                                      (1) MILITARY SEXUAL TRAUMA.—The term ‘‘military sexual
                                                                                                 trauma’’ has the meaning given such term in section 1164(c)
                                                                                                 of title 38, United States Code, as added by section 5501(a)
                                                                                                 of this title.
                                                                                                      (2) VET CENTER.—The term ‘‘Vet Center’’ has the meaning
                                                                                                 given that term in section 1712A(h) of such title.

                                                                                                    Subtitle B—Increasing Staff Cultural
                                                                                                               Competency
                                                                    38 USC 8110             SEC. 5201. STAFFING OF WOMEN’S HEALTH PRIMARY CARE PROVIDERS
                                                                    note.                                AT MEDICAL FACILITIES OF DEPARTMENT OF VETERANS
                                                                                                         AFFAIRS.
                                                                                                 The Secretary of Veterans Affairs shall ensure that each med-
                                                                                            ical facility of the Department of Veterans Affairs has not fewer
                                                                                            than one full-time or part-time women’s health primary care pro-
                                                                                            vider whose duties include, to the extent possible, providing training
                                                                                            to other health care providers of the Department on the needs
                                                                                            of women veterans.
                                                                                            SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY CARE AND EMER-
                                                                                                        GENCY CARE CLINICIANS IN WOMEN VETERANS HEALTH
                                                                                                        CARE MINI-RESIDENCY PROGRAM.
                                                                    Appropriations               (a) IN GENERAL.—There is authorized to be appropriated to
                                                                    authorization.          the Secretary of Veterans Affairs $1,000,000 for each fiscal years
                                                                                            2021 through 2025 to provide opportunities for participation in
                                                                                            the Women Veterans Health Care Mini-Residency Program of the
                                                                                            Department of Veterans Affairs for primary care and emergency
                                                                                            care clinicians.
                                                                                                 (b) TREATMENT OF AMOUNTS.—The amounts authorized to be
                                                                                            appropriated under subsection (a) shall be in addition to amounts
                                                                                            otherwise made available to the Secretary for the purposes set
                                                                                            forth in such subsection.
                                                                    38 USC 1703             SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN TRAINING MODULE
                                                                    note.                               FOR NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH
                                                                                                        CARE PROVIDERS.




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                                                                    Deadline.                   (a) IN GENERAL.—Not later than one year after the date of
                                                                                            the enactment of this Act, the Secretary of Veterans Affairs shall




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5035

                                                                    establish and make available to community providers a training
                                                                    module that is specific to women veterans.
                                                                         (b) TRAINING MATERIALS PROVIDED.—Under the training
                                                                    module established and made available to community providers
                                                                    under subsection (a), the Secretary shall provide to community
                                                                    providers the same training materials relating to treatment of
                                                                    women veterans that is provided to health care providers of the
                                                                    Department of Veterans Affairs to ensure that all health care
                                                                    providers treating women veterans have access to the same mate-
                                                                    rials to support competency throughout the community.
                                                                         (c) ADMINISTRATION OF TRAINING MODULE.—The Secretary shall                                       Website.
                                                                    administer the training module established under subsection (a)
                                                                    to community providers through an internet website of the Depart-
                                                                    ment.
                                                                         (d) ANNUAL REPORT.—Not later than one year after the
                                                                    establishment of the training module under subsection (a), and
                                                                    annually thereafter, the Secretary shall submit to Congress a report
                                                                    on—
                                                                              (1) the utilization by community providers of the training
                                                                         module; and
                                                                              (2) the effectiveness of the training module.
                                                                         (e) DEFINITIONS.—In this section:
                                                                              (1) COMMUNITY PROVIDER.—The term ‘‘community provider’’
                                                                         means a non-Department of Veterans Affairs health care pro-
                                                                         vider who provides preauthorized health care to veterans under
                                                                         the laws administered by the Secretary of Veterans Affairs.
                                                                              (2)     PREAUTHORIZED         HEALTH     CARE.—The    term
                                                                         ‘‘preauthorized health care’’ means health care provided to a
                                                                         veteran that is authorized by the Secretary before being pro-
                                                                         vided.
                                                                    SEC. 5204. STUDY ON STAFFING OF WOMEN VETERAN PROGRAM MAN-                                            38 USC 1701
                                                                                 AGER PROGRAM AT MEDICAL CENTERS OF DEPARTMENT                                            note.
                                                                                 OF VETERANS AFFAIRS AND TRAINING OF STAFF.
                                                                        (a) STUDY.—The Secretary of Veterans Affairs shall conduct                                        Determination.
                                                                    a study on the use of the Women Veteran Program Manager pro-
                                                                    gram of the Department of Veterans Affairs to determine—
                                                                             (1) if the program is appropriately staffed at each medical
                                                                        center of the Department;
                                                                             (2) whether each medical center of the Department is
                                                                        staffed with a Women Veteran Program Manager; and
                                                                             (3) whether it would be feasible and advisable to have
                                                                        a Women Veteran Program Ombudsman at each medical center
                                                                        of the Department.
                                                                        (b) REPORT.—Not later than 270 days after the date of the
                                                                    enactment of this Act, the Secretary shall submit to the Committee
                                                                    on Veterans’ Affairs of the Senate and the Committee on Veterans’
                                                                    Affairs of the House of Representatives a report on the study
                                                                    conducted under subsection (a).
                                                                        (c) TRAINING.—The Secretary shall ensure that all Women Vet-
                                                                    eran Program Managers and Women Veteran Program Ombudsmen
                                                                    receive the proper training to carry out their duties.
                                                                    SEC. 5205. STUDY ON WOMEN VETERAN COORDINATOR PROGRAM.
                                                                         (a) STUDY AND REPORT REQUIRED.—Not later than 180 days




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                                                                    after the date of the enactment of this Act, the Secretary of Veterans
                                                                    Affairs shall—




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                                                                    134 STAT. 5036                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                     (1) complete a study on the Women Veteran Coordinator
                                                                                                program of the Veterans Benefits Administration of the Depart-
                                                                                                ment of Veterans Affairs; and
                                                                                                     (2) submit to the Committee on Veterans’ Affairs of the
                                                                                                Senate and the Committee on Veterans’ Affairs of the House
                                                                                                of Representatives a report on the findings of the Secretary
                                                                                                with respect to the study completed under paragraph (1).
                                                                                                (b) ELEMENTS.—The study required by subsection (a)(1) shall
                                                                                            identify the following:
                                                                                                     (1) If the program described in such subsection is appro-
                                                                                                priately staffed at each regional benefits office of the Depart-
                                                                                                ment.
                                                                                                     (2) Whether each regional benefits office of the Department
                                                                                                is staffed with a Women Veteran Coordinator.
                                                                                                     (3) The position description of the Women Veteran Coordi-
                                                                                                nator.
                                                                                                     (4) Whether an individual serving in the Women Veteran
                                                                                                Coordinator position concurrently serves in any other position,
                                                                                                and if so, the allocation of time the individual spends in each
                                                                                                such position.
                                                                                                     (5) A description of the metrics the Secretary uses to deter-
                                                                                                mine the job performance and effectiveness of the Women Vet-
                                                                                                eran Coordinator.
                                                                                            SEC. 5206. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS
                                                                                                        OF DEPARTMENT OF VETERANS AFFAIRS WHO ARE
                                                                                                        WOMEN.
                                                                                                (a) ASSESSMENT OF CAPACITY.—
                                                                    Deadline.                        (1) IN GENERAL.—Not later than 90 days after the date
                                                                    Consultation.               of the enactment of this Act, the Secretary of Veterans Affairs,
                                                                                                in consultation with the Inspector General of the Department
                                                                                                of Veterans Affairs, shall commence an assessment of the
                                                                                                capacity of peer specialists of the Department of Veterans
                                                                                                Affairs who are women.
                                                                                                     (2) ELEMENTS.—The assessment required by paragraph (1)
                                                                                                shall include an assessment of the following:
                                                                                                          (A) The geographical distribution of peer specialists
                                                                                                     of the Department who are women.
                                                                                                          (B) The geographical distribution of women veterans.
                                                                                                          (C) The number and proportion of women peer special-
                                                                                                     ists who specialize in peer counseling on mental health
                                                                                                     or suicide prevention.
                                                                                                          (D) The number and proportion of women peer special-
                                                                                                     ists who specialize in peer counseling on non-mental health
                                                                                                     related matters.
                                                                                                (b) REPORT.—Not later than one year after the assessment
                                                                                            required by subsection (a) has commenced, the Secretary shall
                                                                                            submit to the Committee on Veterans’ Affairs of the Senate and
                                                                                            the Committee on Veterans’ Affairs of the House of Representatives
                                                                                            a report detailing the findings of the assessment.
                                                                                                (c) STAFFING IMPROVEMENT PLAN.—
                                                                    Deadline.                        (1) IN GENERAL.—Not later than 180 days after submitting
                                                                    Consultation.               the report under subsection (b), the Secretary, in consultation
                                                                                                with the Inspector General, shall submit to the Committee
                                                                                                on Veterans’ Affairs of the Senate and the Committee on Vet-




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                                                                                                erans’ Affairs of the House of Representatives a plan, based
                                                                                                on the results of the assessment required by subsection (a),




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5037

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

                                                                       Subtitle C—Eliminating Harassment and
                                                                                      Assault
                                                                    SEC. 5301. EXPANSION OF COVERAGE BY DEPARTMENT OF VETERANS
                                                                                 AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL
                                                                                 TRAUMA.
                                                                       (a) EXPANSION OF ELIGIBILITY FOR COUNSELING AND TREAT-
                                                                    MENT.—Section 1720D of title 38, United States Code, is amended—
                                                                              (1) in subsection (a)—
                                                                                    (A) in paragraph (1), by striking ‘‘active duty, active
                                                                              duty for training, or inactive duty training’’ and inserting
                                                                              ‘‘duty, regardless of duty status or line of duty determina-
                                                                              tion (as that term is used in section 12323 of title 10)’’;
                                                                              and
                                                                                    (B) in paragraph (2)(A), by striking ‘‘active duty, active
                                                                              duty for training, or inactive duty training’’ and inserting
                                                                              ‘‘duty, regardless of duty status or line of duty determina-
                                                                              tion (as that term is used in section 12323 of title 10)’’;
                                                                              (2) by striking ‘‘veteran’’ each place it appears and inserting
                                                                        ‘‘former member of the Armed Forces’’;
                                                                              (3) by striking ‘‘veterans’’ each place it appears and
                                                                        inserting ‘‘former members of the Armed Forces’’; and
                                                                              (4) by adding at the end the following new subsection:
                                                                        ‘‘(g) In this section, the term ‘former member of the Armed
                                                                    Forces’ includes the following:
                                                                              ‘‘(1) A veteran.
                                                                              ‘‘(2) An individual described in section 1720I(b) of this
                                                                        title.’’.
                                                                        (b) INCLUSION OF TREATMENT FOR PHYSICAL HEALTH CONDI-
                                                                    TIONS.—Such section is further amended—
                                                                              (1) in subsection (a)—
                                                                                    (A) in paragraph (1)—
                                                                                         (i) by inserting ‘‘, to include care for physical health
                                                                                    conditions, as appropriate,’’ after ‘‘counseling and
                                                                                    appropriate care and services’’;
                                                                                         (ii) by striking ‘‘overcome psychological trauma’’
                                                                                    and inserting ‘‘treat a condition’’; and
                                                                                         (iii) by striking ‘‘mental health professional’’ and
                                                                                    inserting ‘‘health care professional’’; and
                                                                                    (B) in paragraph (2)(A), by striking ‘‘overcome psycho-
                                                                              logical trauma’’ and inserting ‘‘treat a condition’’; and
                                                                              (2) in subsection (d)—
                                                                                    (A) in paragraph (1), by inserting ‘‘and other health
                                                                              care professionals’’ after ‘‘mental health professionals’’; and




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                                                                                    (B) in paragraph (2)(A), by inserting ‘‘and other health
                                                                              care professionals’’ after ‘‘mental health professionals’’.




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                                                                    134 STAT. 5038                             PUBLIC LAW 116–315—JAN. 5, 2021
                                                                                            SEC.     5302.    ASSESSMENT OF EFFECTS OF INTIMATE PARTNER
                                                                                                              VIOLENCE ON WOMEN VETERANS BY ADVISORY COM-
                                                                                                              MITTEE ON WOMEN VETERANS.
                                                                                                   Section 542(c)(1) of title 38, United States Code, is amended—
                                                                                                        (1) in subparagraph (B), by striking ‘‘and’’ at the end;
                                                                                                        (2) by redesignating subparagraph (C) as subparagraph
                                                                                                   (D); and
                                                                                                        (3) by inserting after subparagraph (B) the following new
                                                                                                   subparagraph (C):
                                                                                                        ‘‘(C) an assessment of the effects of intimate partner
                                                                                                   violence on women veterans; and’’.
                                                                                            SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL ASSAULT POLICY OF
                                                                                                        DEPARTMENT OF VETERANS AFFAIRS.
                                                                                                 (a) IN GENERAL.—Subchapter II of chapter 5 of title 38, United
                                                                                            States Code, is amended by adding at the end the following new
                                                                                            section:
                                                                    38 USC 533.             ‘‘§ 533. Anti-harassment and anti-sexual assault policy
                                                                                                 ‘‘(a) ESTABLISHMENT.—(1) The Secretary, acting through the
                                                                                            Office of Assault and Prevention of the Veterans Health Administra-
                                                                                            tion, shall establish a comprehensive policy to end harassment
                                                                                            and sexual assault, including sexual harassment and gender-based
                                                                                            harassment, throughout the Department.
                                                                                                 ‘‘(2) The policy required by paragraph (1) shall include the
                                                                                            following:
                                                                                                       ‘‘(A) A process for employees and contractors of the Depart-
                                                                                                 ment to respond to reported incidents of harassment and sexual
                                                                                                 assault committed by any non-Department individual within
                                                                                                 a facility of the Department, including with respect to account-
                                                                                                 ability or disciplinary measures.
                                                                                                       ‘‘(B) A process for employees and contractors of the Depart-
                                                                                                 ment to respond to reported incidents of harassment and sexual
                                                                                                 assault of any non-Department individual within a facility of
                                                                                                 the Department.
                                                                                                       ‘‘(C) A process for any non-Department individual to report
                                                                                                 harassment and sexual assault described in subparagraph (A),
                                                                                                 including an option for confidential reporting, and for the Sec-
                                                                                                 retary to respond to and address such reports.
                                                                                                       ‘‘(D) Clear mechanisms for non-Department individuals to
                                                                                                 readily identify to whom and how to report incidents of harass-
                                                                                                 ment and sexual assault committed by another non-Department
                                                                                                 individual.
                                                                                                       ‘‘(E) Clear mechanisms for employees and contractors of
                                                                                                 the Department to readily identify to whom and how to report
                                                                                                 incidents of harassment and sexual assault and how to refer
                                                                                                 non-Department individuals with respect to reporting an
                                                                                                 incident of harassment or sexual assault.
                                                                                                       ‘‘(F) A process for, and mandatory reporting requirement
                                                                                                 applicable to, any employee or contractor of the Department
                                                                                                 who witnesses harassment or sexual assault described in
                                                                                                 subparagraph (A) or (B) within a facility of the Department,
                                                                                                 regardless of whether the individual affected by such harass-
                                                                                                 ment or sexual assault wants to report such harassment or
                                                                                                 sexual assault.




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                                                                                                       ‘‘(G) The actions possible, including disciplinary actions,
                                                                                                 for employees or contractors of the Department who fail to




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5039

                                                                        report incidents of harassment and sexual assault described
                                                                        in subparagraph (A) or (B) that the employees or contractors
                                                                        witness.
                                                                              ‘‘(H) On an annual or more frequent basis, mandatory
                                                                        training for employees and contractors of the Department
                                                                        regarding how to report and address harassment and sexual
                                                                        assault described in subparagraphs (A) and (B), including
                                                                        bystander intervention training.
                                                                              ‘‘(I) On an annual or more frequent basis, the distribution
                                                                        of the policy under this subsection and anti-harassment and
                                                                        anti-sexual assault educational materials by mail or email to
                                                                        each individual receiving a benefit under a law administered
                                                                        by the Secretary.
                                                                              ‘‘(J) The prominent display of anti-harassment and anti-
                                                                        sexual assault messages in each facility of the Department,
                                                                        including how non-Department individuals may report harass-
                                                                        ment and sexual assault described in subparagraphs (A) and
                                                                        (B) at such facility and the points of contact under subsection
                                                                        (b).
                                                                              ‘‘(K) The posting on internet websites of the Department,                                   Web posting.
                                                                        including the main internet website regarding benefits of the
                                                                        Department and the main internet website regarding health
                                                                        care of the Department, of anti-harassment and anti-sexual
                                                                        assault banners specifically addressing harassment and sexual
                                                                        assault described in subparagraphs (A) and (B).
                                                                        ‘‘(b) POINTS OF CONTACT.—The Secretary shall designate, as                                        Designation.
                                                                    a point of contact to receive reports of harassment and sexual
                                                                    assault described in subparagraphs (A) and (B) of subsection (a)(2)—
                                                                              ‘‘(1) at least one individual, in addition to law enforcement,
                                                                        at each facility of the Department (including Vet Centers under
                                                                        section 1712A of this title), with regard to that facility;
                                                                              ‘‘(2) at least one individual employed in each Veterans
                                                                        Integrated Service Network, with regard to facilities in that
                                                                        Veterans Integrated Service Network;
                                                                              ‘‘(3) at least one individual employed in each regional bene-
                                                                        fits office;
                                                                              ‘‘(4) at least one individual employed at each location of
                                                                        the National Cemetery Administration; and
                                                                              ‘‘(5) at least one individual employed at the Central Office
                                                                        of the Department to track reports of such harassment and
                                                                        sexual assault across the Department, disaggregated by facility.
                                                                        ‘‘(c) ACCOUNTABILITY.—(1) The Secretary shall establish a policy
                                                                    to ensure that each facility of the Department and each director
                                                                    of a Veterans Integrated Service Network is responsible for
                                                                    addressing harassment and sexual assault at the facility and the
                                                                    Network.
                                                                        ‘‘(2) The policy required by paragraph (1) shall include—
                                                                              ‘‘(A) a remediation plan for facilities that experience five                                Remediation
                                                                        or more incidents of sexual harassment, sexual assault, or                                        plan.
                                                                        combination thereof, during any single fiscal year; and
                                                                              ‘‘(B) taking appropriate actions under chapter 7 or sub-
                                                                        chapter V of chapter 74 of this title.
                                                                        ‘‘(d) DATA.—The Secretary shall ensure that the in-take process                                   Survey.




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                                                                    for veterans at medical facilities of the Department includes a
                                                                    survey to collect the following information:




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                                                                    134 STAT. 5040                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                       ‘‘(1) Whether the veteran feels safe at the facility and
                                                                                                 whether any events occurred at the facility that affect such
                                                                                                 feeling.
                                                                                                       ‘‘(2) Whether the veteran wants to be contacted later by
                                                                                                 the Department with respect to such safety issues.
                                                                                                 ‘‘(e) WORKING GROUP.—(1) The Secretary shall establish a
                                                                                            working group to assist the Secretary in implementing policies
                                                                                            to carry out this section.
                                                                                                 ‘‘(2) The working group established under paragraph (1) shall
                                                                                            consist of representatives from—
                                                                                                       ‘‘(A) veterans service organizations;
                                                                                                       ‘‘(B) State, local, and Tribal veterans agencies; and
                                                                                                       ‘‘(C) other persons the Secretary determines appropriate.
                                                                                                 ‘‘(3) The working group established under paragraph (1) shall
                                                                                            develop, and the Secretary shall carry out—
                                                                    Action plan.                       ‘‘(A) an action plan for addressing changes at the local
                                                                                                 level to reduce instances of harassment and sexual assault;
                                                                                                       ‘‘(B) standardized media for veterans service organizations
                                                                                                 and other persons to use in print and on the internet with
                                                                                                 respect to reducing harassment and sexual assault; and
                                                                                                       ‘‘(C) bystander intervention training for veterans.
                                                                                                 ‘‘(4) The working group established under paragraph (1) shall
                                                                                            not be subject to the requirements of the Federal Advisory Com-
                                                                                            mittee Act (5 U.S.C. App.).
                                                                                                 ‘‘(f) ANNUAL REPORTS.—(1) The Secretary shall submit to the
                                                                                            Committee on Veterans’ Affairs of the Senate and the Committee
                                                                                            on Veterans’ Affairs of the House of Representatives an annual
                                                                                            report on harassment and sexual assault described in subpara-
                                                                                            graphs (A) and (B) of subsection (a)(2) in facilities of the Depart-
                                                                                            ment.
                                                                                                 ‘‘(2) Each report submitted under paragraph (1) shall include
                                                                                            the following:
                                                                                                       ‘‘(A) Results of harassment and sexual assault program-
                                                                                                 ming, including the End Harassment program.
                                                                                                       ‘‘(B) Results of studies from the Women’s Health Practice-
                                                                                                 Based Research Network of the Department relating to harass-
                                                                                                 ment and sexual assault.
                                                                    Data.                              ‘‘(C) Data collected on incidents of sexual harassment and
                                                                                                 sexual assault.
                                                                                                       ‘‘(D) A description of any actions taken by the Secretary
                                                                                                 during the year preceding the date of the report to stop harass-
                                                                                                 ment and sexual assault at facilities of the Department.
                                                                    Assessment.                        ‘‘(E) An assessment of the implementation of the training
                                                                                                 required in subsection (a)(2)(H).
                                                                    List.                              ‘‘(F) A list of resources the Secretary determines necessary
                                                                    Determination.               to prevent harassment and sexual assault at facilities of the
                                                                                                 Department.
                                                                                                 ‘‘(g) DEFINITIONS.—In this section:
                                                                                                       ‘‘(1) The term ‘non-Department individual’ means any indi-
                                                                                                 vidual present at a facility of the Department who is not
                                                                                                 an employee or contractor of the Department.
                                                                                                       ‘‘(2) The term ‘sexual harassment’ means unsolicited verbal
                                                                                                 or physical contact of a sexual nature which is threatening




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                                                                                                 in character.’’.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5041

                                                                         (b) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    ning of such chapter is amended by adding after the item relating                                     38 USC 501 prec.
                                                                    to section 532 the following new item:
                                                                    ‘‘533. Anti-harassment and anti-sexual assault policy.’’.
                                                                        (c) DEFINITION OF SEXUAL HARASSMENT.—Section 1720D(f) of
                                                                    such title is amended by striking ‘‘repeated,’’.
                                                                        (d) DEADLINE.—The Secretary shall commence carrying out sec-                                      38 USC 533 note.
                                                                    tion 533 of such title, as added by subsection (a), not later than
                                                                    180 days after the date of enactment of this Act.
                                                                    SEC. 5304. PILOT PROGRAM ON ASSISTING VETERANS WHO EXPERI-                                            38 USC 6303
                                                                                ENCE INTIMATE PARTNER VIOLENCE OR SEXUAL                                                  note.
                                                                                ASSAULT.
                                                                          (a) PILOT PROGRAM REQUIRED.—The Secretary of Veterans
                                                                    Affairs shall carry out a pilot program to assess the feasibility
                                                                    and advisability of assisting former members of the Armed Forces
                                                                    who have experienced or are experiencing intimate partner violence
                                                                    or sexual assault in accessing benefits from the Department of
                                                                    Veterans Affairs, including coordinating access to medical treatment
                                                                    centers, housing assistance, and other benefits from the Depart-
                                                                    ment.
                                                                          (b) DURATION.—The Secretary shall carry out the pilot program
                                                                    under subsection (a) during the two-year period beginning on the
                                                                    date of the commencement of the pilot program.
                                                                          (c) COLLABORATION.—The Secretary shall carry out the pilot
                                                                    program under subsection (a) in collaboration with—
                                                                               (1) intimate partner violence shelters and programs;
                                                                               (2) rape crisis centers;
                                                                               (3) State intimate partner violence and sexual assault coali-
                                                                          tions; and
                                                                               (4) such other health care or other service providers that
                                                                          serve intimate partner violence or sexual assault victims as
                                                                          determined by the Secretary, particularly those providing emer-
                                                                          gency services or housing assistance.
                                                                          (d) AUTHORIZED ACTIVITIES.—In carrying out the pilot program
                                                                    under subsection (a), the Secretary may conduct the following activi-
                                                                    ties:
                                                                               (1) Training for community-based intimate partner violence
                                                                          or sexual assault service providers on—
                                                                                    (A) identifying former members of the Armed Forces
                                                                               who have been victims of, or are currently experiencing,
                                                                               intimate partner violence or sexual assault;
                                                                                    (B) coordinating with local service providers of the
                                                                               Department; and
                                                                                    (C) connecting former members of the Armed Forces
                                                                               with appropriate housing, mental health, medical, and
                                                                               other financial assistance or benefits from the Department.
                                                                               (2) Assistance to service providers to ensure access of vet-
                                                                          erans to intimate partner violence and sexual assault emer-
                                                                          gency services, particularly in underserved areas, including
                                                                          services for Native American veterans (as defined in section
                                                                          3765 of title 38, United States Code).
                                                                               (3) Such other outreach and assistance as the Secretary




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                                                                          determines necessary for the provision of assistance under sub-
                                                                          section (a).




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                                                                    134 STAT. 5042                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                               (e) INTIMATE PARTNER VIOLENCE AND SEXUAL ASSAULT OUT-
                                                                                            REACH COORDINATORS.—
                                                                                                    (1) IN GENERAL.—In order to effectively assist veterans
                                                                                                   who have experienced intimate partner violence or sexual
                                                                                                   assault, the Secretary may establish local coordinators to pro-
                                                                                                   vide outreach under the pilot program required by subsection
                                                                                                   (a).
                                                                                                        (2) LOCAL COORDINATOR KNOWLEDGE.—The Secretary shall
                                                                                                   ensure that each coordinator established under paragraph (1)
                                                                                                   is knowledgeable about—
                                                                                                             (A) the dynamics of intimate partner violence and
                                                                                                        sexual assault, including safety concerns, legal protections,
                                                                                                        and the need for the provision of confidential services;
                                                                                                             (B) the eligibility of veterans for services and benefits
                                                                                                        from the Department that are relevant to recovery from
                                                                                                        intimate partner violence and sexual assault, particularly
                                                                                                        emergency housing assistance, mental health care, other
                                                                                                        health care, and disability benefits; and
                                                                                                             (C) local community resources addressing intimate
                                                                                                        partner violence and sexual assault.
                                                                                                        (3) LOCAL COORDINATOR ASSISTANCE.—Each coordinator
                                                                                                   established under paragraph (1) shall assist intimate partner
                                                                                                   violence shelters and rape crisis centers in providing services
                                                                                                   to veterans.
                                                                                                   (f) REPORT.—
                                                                                                        (1) IN GENERAL.—Not later than 180 days after the comple-
                                                                                                   tion of the pilot program under subsection (a), the Secretary
                                                                                                   shall submit to Congress a report on the pilot program.
                                                                                                        (2) CONTENTS.—The report required by paragraph (1) shall
                                                                                                   include the following:
                                                                                                             (A) The findings and conclusions of the Secretary with
                                                                                                        respect to the pilot program.
                                                                    Recommenda-                              (B) Such recommendations for continuing or expanding
                                                                    tions.                              the pilot program as the Secretary considers appropriate.
                                                                                                   (g) DEFINITIONS.—In this section:
                                                                                                        (1) INTIMATE PARTNER.—
                                                                                                             (A) IN GENERAL.—The term ‘‘intimate partner’’ means
                                                                                                        a person with whom one has a close personal relationship
                                                                                                        that may be characterized by the partners’ emotional
                                                                                                        connectedness, regular contact, ongoing physical contact
                                                                                                        and sexual behavior, identity as a couple, and familiarity
                                                                                                        and knowledge about each other’s lives.
                                                                                                             (B) CLOSE PERSONAL RELATIONSHIPS.—In this para-
                                                                                                        graph, the term ‘‘close personal relationships’’ includes the
                                                                                                        following:
                                                                                                                  (i) A relationship between married spouses.
                                                                                                                  (ii) A relationship between common-law spouses.
                                                                                                                  (iii) A relationship between civil union spouses.
                                                                                                                  (iv) A relationship between domestic partners.
                                                                                                                  (v) A relationship between dating partners.
                                                                                                                  (vi) A relationship between ongoing sexual part-
                                                                                                             ners.
                                                                                                        (2) INTIMATE PARTNER VIOLENCE.—The term ‘‘intimate
                                                                                                   partner violence’’ includes physical violence, sexual violence,




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                                                                                                   stalking, and psychological aggression, including coercive tactics
                                                                                                   by a current or former intimate partner.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5043
                                                                    SEC. 5305. STUDY AND TASK FORCE ON VETERANS EXPERIENCING                                              38 USC 1720D
                                                                                INTIMATE PARTNER VIOLENCE OR SEXUAL ASSAULT.                                              note.

                                                                         (a) NATIONAL BASELINE STUDY.—
                                                                              (1) IN GENERAL.—Not later than one year after the date                                      Deadline.
                                                                         of the enactment of this Act, the Secretary of Veterans Affairs,                                 Consultation.
                                                                         in consultation with the Attorney General, shall conduct a
                                                                         national baseline study to examine the scope of the problem
                                                                         of intimate partner violence and sexual assault among veterans
                                                                         and spouses and intimate partners of veterans.
                                                                              (2) MATTERS INCLUDED.—The study under paragraph (1)
                                                                         shall—
                                                                                   (A) include a literature review of all relevant research                               Review.
                                                                              on intimate partner violence and sexual assault among
                                                                              veterans and spouses and intimate partners of veterans;
                                                                                   (B) examine the prevalence of the experience of
                                                                              intimate partner violence among—
                                                                                        (i) women veterans;
                                                                                        (ii) veterans who are minority group members (as
                                                                                   defined in section 544 of title 38, United States Code,
                                                                                   and including other minority populations as the Sec-
                                                                                   retary determines appropriate);
                                                                                        (iii) urban and rural veterans;
                                                                                        (iv) veterans who are enrolled in a program under
                                                                                   section 1720G of title 38, United States Code;
                                                                                        (v) veterans who are in intimate relationships with
                                                                                   other veterans; and
                                                                                        (vi) veterans who are described in more than one
                                                                                   clause of this subparagraph;
                                                                                   (C) examine the prevalence of the perpetration of
                                                                              intimate partner violence by veterans; and
                                                                                   (D) include recommendations to address the findings                                    Recommenda-
                                                                              of the study.                                                                               tions.
                                                                              (3) REPORT.—Not later than 30 days after the date on
                                                                         which the Secretary completes the study under paragraph (1),
                                                                         the Secretary shall submit to the Committee on Veterans’
                                                                         Affairs of the Senate and the Committee on Veterans’ Affairs
                                                                         of the House of Representatives a report on such study.
                                                                         (b) TASK FORCE.—
                                                                              (1) IN GENERAL.—Not later than 90 days after the date                                       Deadline.
                                                                         on which the Secretary completes the study under subsection                                      Consultation.
                                                                                                                                                                          Establishment.
                                                                         (a), the Secretary, in consultation with the Attorney General
                                                                         and the Secretary of Health and Human Services, shall estab-
                                                                         lish a national task force (in this section referred to as the
                                                                         ‘‘Task Force’’) to develop a comprehensive national program,
                                                                         including by integrating facilities, services, and benefits of the
                                                                         Department of Veterans Affairs into existing networks of
                                                                         community-based intimate partner violence and sexual assault
                                                                         services, to address intimate partner violence and sexual
                                                                         assault among veterans.
                                                                              (2) LEADERSHIP.—The Secretary of Veterans Affairs shall
                                                                         lead the Task Force in collaboration with the Attorney General
                                                                         and the Secretary of Health and Human Services.
                                                                         (c) CONSULTATION WITH STAKEHOLDERS.—In carrying out this
                                                                    section, the Task Force shall consult with—




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                                                                              (1) representatives from veteran service organizations and
                                                                         military service organizations;




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                                                                    134 STAT. 5044                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                      (2) representatives from not fewer than three national
                                                                                                 organizations or State coalitions with demonstrated expertise
                                                                                                 in intimate partner violence prevention, response, or advocacy;
                                                                                                 and
                                                                                                      (3) representatives from not fewer than three national
                                                                                                 organizations or State coalitions, particularly those rep-
                                                                                                 resenting underserved and ethnic minority communities, with
                                                                                                 demonstrated expertise in sexual assault prevention, response,
                                                                                                 or advocacy.
                                                                    Reviews.                     (d) DUTIES.—The duties of the Task Force shall include the
                                                                    Recommenda-             following:
                                                                    tions.                            (1) To review existing services and policies of the Depart-
                                                                                                 ment and develop a comprehensive national program to be
                                                                                                 carried out by the Secretary of Veterans Affairs, in collaboration
                                                                                                 with the heads of relevant Federal agencies, to address intimate
                                                                                                 partner violence and sexual assault prevention, response, and
                                                                                                 treatment.
                                                                                                      (2) To review the feasibility and advisability of establishing
                                                                                                 an expedited process to secure emergency, temporary benefits,
                                                                                                 including housing or other benefits, for veterans who are experi-
                                                                                                 encing intimate partner violence or sexual assault.
                                                                                                      (3) To review and make recommendations regarding the
                                                                                                 feasibility and advisability of establishing dedicated, temporary
                                                                                                 housing assistance for veterans experiencing intimate partner
                                                                                                 violence or sexual assault.
                                                                                                      (4) To identify any requirements regarding intimate
                                                                                                 partner violence assistance or sexual assault response and serv-
                                                                                                 ices that are not being met by the Department and make
                                                                                                 recommendations on how the Department can meet such
                                                                                                 requirements.
                                                                                                      (5) To review and make recommendations regarding the
                                                                                                 feasibility and advisability of providing direct services or con-
                                                                                                 tracting for community-based services for veterans in response
                                                                                                 to a sexual assault, including through the use of sexual assault
                                                                                                 nurse examiners, particularly in underserved or remote areas,
                                                                                                 including services for Native American veterans.
                                                                                                      (6) To review the availability of counseling services pro-
                                                                                                 vided by the Department and through peer network support,
                                                                                                 and to provide recommendations for the enhancement of such
                                                                                                 services, to address—
                                                                                                           (A) the perpetration of intimate partner violence and
                                                                                                      sexual assault; and
                                                                                                           (B) the recovery of veterans, particularly women vet-
                                                                                                      erans, from intimate partner violence and sexual assault.
                                                                                                      (7) To review and make recommendations to expand serv-
                                                                                                 ices available for veterans at risk of perpetrating intimate
                                                                                                 partner violence.
                                                                                                 (e) REPORT.—Not later than one year after the date of the
                                                                                            enactment of this Act, and not less frequently than annually there-
                                                                                            after by October 1 of each year, the Task Force shall submit
                                                                                            to the Secretary of Veterans Affairs and Congress a report on
                                                                                            the activities of the Task Force, including any recommendations
                                                                                            for legislative or administrative action.
                                                                                                 (f) NONAPPLICABILITY OF FACA.—The Task Force shall not
                                                                                            be subject to the requirements of the Federal Advisory Committee




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                                                                                            Act (5 U.S.C. App.).
                                                                                                 (g) DEFINITIONS.—In this section:




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5045

                                                                                (1) NATIVE AMERICAN VETERAN.—The term ‘‘Native Amer-
                                                                           ican veteran’’ has the meaning given that term in section 3765
                                                                           of title 38, United States Code.
                                                                                (2) STATE.—The term ‘‘State’’ has the meaning given that
                                                                           term in section 101 of title 38, United States Code.

                                                                     Subtitle D—Data Collection and Reporting
                                                                    SEC. 5401. REQUIREMENT FOR COLLECTION AND ANALYSIS OF DATA                                            38 USC 527 note.
                                                                                ON DEPARTMENT OF VETERANS AFFAIRS BENEFITS AND
                                                                                SERVICES AND DISAGGREGATION OF SUCH DATA BY
                                                                                GENDER, RACE, AND ETHNICITY.
                                                                           The Secretary of Veterans Affairs shall—
                                                                               (1) collect and analyze data on each program of the Depart-
                                                                           ment of Veterans Affairs that provides a service or benefit
                                                                           to a veteran, including the program carried out under section
                                                                           1144 of title 10, United States Code;
                                                                               (2) disaggregate such data by gender, race, and ethnicity,
                                                                           when the data lends itself to such disaggregation; and
                                                                               (3) publish the data collected and analyzed under para-                                    Publication.
                                                                           graph (1), except for such cases in which the Secretary deter-                                 Determination.
                                                                           mines that some portions of the data would undermine the
                                                                           anonymity of a veteran.
                                                                    SEC. 5402. STUDY ON BARRIERS FOR WOMEN VETERANS TO RECEIPT
                                                                                 OF HEALTH CARE FROM DEPARTMENT OF VETERANS
                                                                                 AFFAIRS.
                                                                          (a) STUDY REQUIRED.—The Secretary of Veterans Affairs shall
                                                                    conduct a comprehensive study of the barriers to the provision
                                                                    of health care by the Department of Veterans Affairs encountered
                                                                    by women who are veterans.
                                                                          (b) SURVEY.—In conducting the study required by subsection
                                                                    (a), the Secretary shall—
                                                                               (1) survey women veterans who seek or receive hospital
                                                                          care or medical services provided by the Department as well
                                                                          as women veterans who do not seek or receive such care or
                                                                          services;
                                                                               (2) administer the survey to a representative sample of
                                                                          women veterans from each Veterans Integrated Service Net-
                                                                          work; and
                                                                               (3) ensure that the sample of women veterans surveyed
                                                                          is of sufficient size for the study results to be statistically
                                                                          significant and is a larger sample than that of the study speci-
                                                                          fied in subsection (c)(1).
                                                                          (c) USE OF PREVIOUS STUDIES.—In conducting the study
                                                                    required by subsection (a), the Secretary shall build on the work
                                                                    of the studies of the Department titled—
                                                                               (1) ‘‘National Survey of Women Veterans in Fiscal Year
                                                                          2007–2008’’; and
                                                                               (2) ‘‘Study of Barriers for Women Veterans to VA Health
                                                                          Care 2015’’.
                                                                          (d) ELEMENTS OF STUDY.—In conducting the study required




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                                                                    by subsection (a), the Secretary shall conduct research on the effects
                                                                    of the following on the women veterans surveyed in the study:




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                                                                    134 STAT. 5046                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                      (1) The barriers associated with seeking mental health
                                                                                                care services, including with respect to provider availability,
                                                                                                telehealth access, and family, work, and school obligations.
                                                                                                      (2) The effect of driving distance or availability of other
                                                                                                forms of transportation to the nearest medical facility on access
                                                                                                to care.
                                                                                                      (3) The effect of access to care from non-Department pro-
                                                                                                viders.
                                                                                                      (4) The availability of child care.
                                                                                                      (5) The satisfaction of such veterans with the provision
                                                                                                by the Department of integrated primary care, women’s health
                                                                                                clinics, or both, including perceptions of quality of care, safety,
                                                                                                and comfort.
                                                                                                      (6) The understanding and perceived accessibility among
                                                                                                such veterans of eligibility requirements for, and the scope
                                                                                                of services available under, hospital care and medical services.
                                                                                                      (7) The perception of such veterans of personal safety and
                                                                                                comfort in inpatient, outpatient, and behavioral health facili-
                                                                                                ties.
                                                                                                      (8) The gender sensitivity of health care providers and
                                                                                                staff to issues that particularly affect women.
                                                                                                      (9) The effectiveness of outreach for health care services
                                                                                                available to women veterans.
                                                                                                      (10) The location and operating hours of health care facili-
                                                                                                ties that provide services to women veterans.
                                                                                                      (11) The perception of such veterans of the motto of the
                                                                                                Department.
                                                                                                      (12) Such other significant barriers as the Secretary con-
                                                                                                siders appropriate.
                                                                                                (e) DISCHARGE BY CONTRACT.—The Secretary shall enter into
                                                                                            a contract with a qualified independent entity or organization to
                                                                                            carry out the study and research required under this section.
                                                                                                (f) MANDATORY REVIEW OF DATA BY CERTAIN DEPARTMENT DIVI-
                                                                                            SIONS.—
                                                                                                      (1) REVIEW.—
                                                                                                           (A) IN GENERAL.—The Secretary shall ensure that the
                                                                                                      head of each division of the Department of Veterans Affairs
                                                                                                      specified in paragraph (2) reviews the results of the study
                                                                                                      conducted under this section.
                                                                                                           (B) SUBMITTAL OF FINDINGS.—The head of each division
                                                                                                      specified in paragraph (2) shall submit findings with
                                                                                                      respect to the study under this section to the Under Sec-
                                                                                                      retary of the Department with responsibilities relating to
                                                                                                      health care services for women veterans.
                                                                                                      (2) SPECIFIED DIVISIONS.—The divisions of the Department
                                                                                                of Veterans Affairs specified in this paragraph are the following:
                                                                                                           (A) The Office of the Under Secretary for Health.
                                                                                                           (B) The Office of Women’s Health established under
                                                                                                      section 7310 of title 38, United States Code.
                                                                                                           (C) The Center for Women Veterans under section
                                                                                                      318 of such title.
                                                                                                           (D) The Advisory Committee on Women Veterans
                                                                                                      established under section 542 of such title.
                                                                                                (g) REPORT.—
                                                                                                      (1) IN GENERAL.—Not later than 30 months after the date




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                                                                                                of the enactment of this Act, the Secretary shall submit to
                                                                                                Congress a report on the study required under this section.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5047

                                                                                (2) ELEMENTS.—The report under paragraph (1) shall
                                                                           include—
                                                                                     (A) the findings of the head of each division of the
                                                                                Department specified under subsection (f)(2); and
                                                                                     (B) recommendations for such administrative and legis-                               Recommenda-
                                                                                lative action as the Secretary considers appropriate.                                     tions.

                                                                    SEC. 5403. STUDY ON FEASIBILITY AND ADVISABILITY OF OFFERING
                                                                                PARENTING STAIR PROGRAM AT ALL MEDICAL CENTERS
                                                                                OF DEPARTMENT OF VETERANS AFFAIRS.
                                                                        (a) IN GENERAL.—The Secretary of Veterans Affairs shall con-
                                                                    duct a study on the feasibility and advisability of expanding the
                                                                    Parenting STAIR program to all medical centers of the Department
                                                                    of Veterans Affairs and including such program as part of care
                                                                    for military sexual trauma for affected members and former mem-
                                                                    bers of the Armed Forces.
                                                                        (b) ELEMENTS.—In conducting the study under subsection (a),                                       Assessments.
                                                                    the Secretary shall assess—
                                                                             (1) staffing needed to offer the Parenting STAIR program
                                                                        at all medical centers of the Department;
                                                                             (2) any additional infrastructure or resources (such as child
                                                                        care during the program) needed for the expansion of the pro-
                                                                        gram; and
                                                                             (3) such other factors relevant to the expansion of the
                                                                        program as the Secretary considers appropriate.
                                                                        (c) REPORTS TO CONGRESS.—
                                                                             (1) INTERIM REPORT.—Not later than one year after the
                                                                        date of the enactment of this Act, the Secretary shall submit
                                                                        to the Committee on Veterans’ Affairs of the Senate and the
                                                                        Committee on Veterans’ Affairs of the House of Representatives
                                                                        a report detailing—
                                                                                  (A) the current number and locations of all facilities
                                                                             of the Department offering the Parenting STAIR program;
                                                                             and
                                                                                  (B) the number of veterans served by such program
                                                                             in the most recent fiscal year or calendar year for which
                                                                             data is available.
                                                                             (2) FINAL REPORT.—Not later than three years after the
                                                                        date of the enactment of this Act, the Secretary shall submit
                                                                        to the Committee on Veterans’ Affairs of the Senate and the
                                                                        Committee on Veterans’ Affairs of the House of Representatives
                                                                        a report detailing—
                                                                                  (A) the results of the study conducted under subsection
                                                                             (a);
                                                                                  (B) an update on how many veterans have used the                                        Update.
                                                                             Parenting STAIR program since its development in fiscal
                                                                             year 2017, disaggregated by year, including the locations
                                                                             in which veterans have used such program; and
                                                                                  (C) a determination on the feasibility and advisability                                 Determination.
                                                                             of expanding the Parenting STAIR program to all medical
                                                                             facilities of the Department offering care for military sexual
                                                                             trauma.
                                                                        (d) DEFINITIONS.—In this section:
                                                                             (1) AFFECTED MEMBERS AND FORMER MEMBERS OF THE




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                                                                        ARMED FORCES.—The term ‘‘affected members and former mem-
                                                                        bers of the Armed Forces’’ means members and former members




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                                                                    134 STAT. 5048                             PUBLIC LAW 116–315—JAN. 5, 2021

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

                                                                                                              Subtitle E—Benefits Matters
                                                                                            SEC.     5501.    EVALUATION OF SERVICE-CONNECTION OF MENTAL
                                                                                                              HEALTH CONDITIONS RELATING TO MILITARY SEXUAL
                                                                                                              TRAUMA.
                                                                                                (a) SPECIALIZED TEAMS TO EVALUATE CLAIMS INVOLVING MILI-
                                                                                            TARY SEXUAL TRAUMA.—
                                                                                                     (1) IN GENERAL.—subchapter VI of chapter 11 of such title
                                                                                                   is amended by adding at the end the following new section:
                                                                    38 USC 1164.            ‘‘§ 1164. Specialized teams to evaluate claims involving mili-
                                                                                                          tary sexual trauma
                                                                                                 ‘‘(a) IN GENERAL.—The Secretary shall establish specialized
                                                                                            teams to process claims for compensation for a covered mental
                                                                                            health condition based on military sexual trauma experienced by
                                                                                            a veteran during active military, naval, or air service.
                                                                                                 ‘‘(b) TRAINING.—The Secretary shall ensure that members of
                                                                                            teams established under subsection (a) are trained to identify mark-
                                                                                            ers indicating military sexual trauma.
                                                                                                 ‘‘(c) DEFINITIONS.—In this section:
                                                                                                       ‘‘(1) The term ‘covered mental health condition’ means post-
                                                                                                 traumatic stress disorder, anxiety, depression, or other mental
                                                                                                 health diagnosis described in the current version of the Diag-
                                                                                                 nostic and Statistical Manual of Mental Disorders published
                                                                                                 by the American Psychiatric Association that the Secretary
                                                                                                 determines to be related to military sexual trauma.
                                                                                                       ‘‘(2) The term ‘military sexual trauma’ means, with respect
                                                                                                 to a veteran, a physical assault of a sexual nature, battery
                                                                                                 of a sexual nature, or sexual harassment during active military,
                                                                                                 naval, or air service.’’.
                                                                                                       (2) CLERICAL AMENDMENT.—The table of sections at the
                                                                    38 USC 1101                  beginning of such chapter is amended by adding at the end
                                                                    prec.                        the following new item:
                                                                                            ‘‘1164. Specialized teams to evaluate claims involving military sexual trauma.’’.
                                                                                                (b) ANNUAL REPORTS ON CLAIMS FOR DISABILITIES INCURRED
                                                                                            OR AGGRAVATED BY MILITARY SEXUAL TRAUMA.—
                                                                                                    (1) REPORTS REQUIRED.—Not later than March 1, 2021,




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                                                                                                   and not less frequently than once each year thereafter through
                                                                                                   2027, the Secretary of Veterans Affairs shall submit to Congress




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5049

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




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                                                                                     (B) COVERED MENTAL HEALTH CONDITION.—The term
                                                                                ‘‘covered mental health condition’’ has the meaning given




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                                                                    134 STAT. 5050                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                        such term in section 1164(c) of title 38, United States
                                                                                                        Code.
                                                                                                             (C) MILITARY SEXUAL TRAUMA.—The term ‘‘military
                                                                                                        sexual trauma’’ has the meaning given such term in such
                                                                                                        section.
                                                                                            SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS
                                                                                                        MEDICAL EXAMINER FOR ASSESSMENT OF CLAIMS FOR
                                                                                                        COMPENSATION RELATING TO DISABILITY RESULTING
                                                                                                        FROM PHYSICAL ASSAULT OF A SEXUAL NATURE, BAT-
                                                                                                        TERY OF A SEXUAL NATURE, OR SEXUAL HARASSMENT.
                                                                                                 (a) IN GENERAL.—Subchapter VI of chapter 11 of title 38,
                                                                                            United States Code, as amended by section 5501 of this title,
                                                                                            is further amended by inserting after section 1164, as added by
                                                                                            section 5501, the following new section:
                                                                    38 USC 1165.            ‘‘§ 1165. Choice of sex of medical examiner for certain disabil-
                                                                                                         ities
                                                                                                 ‘‘(a) IN GENERAL.—The Secretary shall ensure that a veteran
                                                                                            who requires a medical examination from a covered medical pro-
                                                                                            vider in support of a claim for compensation under this chapter
                                                                                            for a mental or physical health condition that resulted from a
                                                                                            physical assault of a sexual nature, battery of a sexual nature,
                                                                                            or sexual harassment may designate the sex of the medical provider
                                                                                            who provides such medical examination.
                                                                                                 ‘‘(b) COVERED MEDICAL PROVIDERS.—For purposes of this sec-
                                                                                            tion, a covered medical provider is any medical provider who is
                                                                                            employed by the Department or is under any contract with the
                                                                                            Department to provide a medical examination or a medical opinion
                                                                                            when such an examination or opinion is necessary to make a
                                                                                            decision on a claim.
                                                                                                 ‘‘(c) NOTICE.—Before providing any medical examination for
                                                                                            a veteran in support for a claim described in subsection (a), the
                                                                                            Secretary shall notify the veteran of the veteran’s rights under
                                                                                            subsection (a).’’.
                                                                                                 (b) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    38 USC 1101             ning of chapter 11 of such title, as amended by section 5501 of
                                                                    prec.                   this title, is further amended by inserting after the item relating
                                                                                            to section 1164 the following new item:
                                                                                            ‘‘1165. Choice of sex of medical examiner for certain disabilities.’’.

                                                                                            SEC. 5503. SECRETARY OF VETERANS AFFAIRS REPORT ON IMPLE-
                                                                                                        MENTING RECOMMENDATIONS OF INSPECTOR GENERAL
                                                                                                        OF DEPARTMENT OF VETERANS AFFAIRS IN CERTAIN
                                                                                                        REPORT ON DENIED POSTTRAUMATIC STRESS DISORDER
                                                                                                        CLAIMS RELATED TO MILITARY SEXUAL TRAUMA.
                                                                                                Not later than 90 days after the date of the enactment of
                                                                                            this Act, the Secretary of Veterans Affairs shall submit to the
                                                                                            Committee on Veterans’ Affairs of the Senate and the Committee
                                                                                            on Veterans’ Affairs of the House a report on the progress of
                                                                                            the Secretary in implementing the recommendations from the report
                                                                                            of the Inspector General of the Department of Veterans Affairs




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                                                                                            entitled ‘‘Denied Posttraumatic Stress Disorder Claims Related to
                                                                                            Military Sexual Trauma’’ (17–05248–241).




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5051

                                                                         TITLE VI—REPRESENTATION AND                                                                      Financial Refuge
                                                                                                                                                                          for Every
                                                                        FINANCIAL EXPLOITATION MATTERS                                                                    Elderly Veteran
                                                                                                                                                                          Act of 2020.

                                                                    SEC. 6001. SHORT TITLE.                                                                               38 USC 101 note.
                                                                        This title may be cited as the ‘‘Financial Refuge for Every
                                                                    Elderly Veteran Act of 2020’’ or the ‘‘FREE Veteran Act of 2020’’.
                                                                    SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EXPLOITATION OF VET-                                         Deadlines.
                                                                                 ERANS RECEIVING PENSION FROM THE DEPARTMENT OF                                           38 USC 1501
                                                                                                                                                                          note.
                                                                                 VETERANS AFFAIRS.
                                                                         (a) DEVELOPMENT OF METHOD FOR SOLICITATION AND COLLEC-
                                                                    TION OF     INFORMATION.—Not later than one year after the date
                                                                    of the enactment of this Act, the Secretary of Veterans Affairs
                                                                    shall develop a method for systematically soliciting and collecting
                                                                    information on complaints received, referrals made, and actions
                                                                    taken by the pension management centers of the Department of
                                                                    Veterans Affairs and any other relevant components of the Depart-
                                                                    ment, in cases of potential financial exploitation of individuals
                                                                    receiving pension under chapter 15 of title 38, United States Code.
                                                                         (b) PLAN TO ASSESS AND ADDRESS FINANCIAL EXPLOITATION
                                                                    OF VETERANS.—
                                                                              (1) IN GENERAL.—The Secretary shall develop and periodi-
                                                                         cally update a plan—
                                                                                   (A) to regularly assess the information solicited and
                                                                              collected under subsection (a) to identify trends of potential
                                                                              financial exploitation of the individuals described in sub-
                                                                              section (a) across the Department; and
                                                                                   (B) to outline actions that the Department can take
                                                                              to improve education and training to address those trends.
                                                                              (2) SUBMISSION OF PLAN.—Not later than one year after
                                                                         the date of the enactment of this Act and not less frequently
                                                                         than once every two years thereafter until the date that is
                                                                         six years after the date of the enactment of this Act, the
                                                                         Secretary shall submit the plan most recently developed or
                                                                         updated under paragraph (1) to—
                                                                                   (A) the Comptroller General of the United States; and
                                                                                   (B) the Committee on Veterans’ Affairs and the Special
                                                                              Committee on Aging of the Senate and the Committee
                                                                              on Veterans’ Affairs of the House of Representatives.
                                                                    SEC. 6003. OVERPAYMENTS OF PENSION TO VETERANS RECEIVING                                              38 USC 5101
                                                                                PENSION FROM THE DEPARTMENT OF VETERANS                                                   note.
                                                                                AFFAIRS.
                                                                        (a) GUIDANCE AND TRAINING FOR CLAIMS PROCESSORS.—As the                                           Time period.
                                                                    Secretary of Veterans Affairs considers necessary, but not less                                       Updates.
                                                                    frequently than once every three years until the date that is 10
                                                                    years after the date of the enactment of this Act, the Under Sec-
                                                                    retary for Benefits of the Department of Veterans Affairs shall
                                                                    update guidance and training curriculum for the processors of
                                                                    claims for pension under chapter 15 of title 38, United States
                                                                    Code, regarding the evaluation of questionable medical expenses
                                                                    on applications for pension, including by updating such guidance




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                                                                    with respect to what constitutes a questionable medical expense
                                                                    and by including examples of such expenses.




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                                                                    134 STAT. 5052                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                (b) IDENTIFICATION AND TRACKING.—The Under Secretary shall
                                                                                            develop a method for identifying and tracking the number of individ-
                                                                                            uals who have received overpayments of pension under chapter
                                                                                            15 of title 38, United States Code.
                                                                    Time periods.               (c) ANNUAL REPORT.—Not later than one year after the date
                                                                                            of the enactment of this Act and not later than October 31 of
                                                                                            each fiscal year beginning thereafter until the date that is four
                                                                                            years after the date of the enactment of this Act, the Under Sec-
                                                                                            retary shall submit to Congress a report that includes, for the
                                                                                            period covered by the report, the following:
                                                                                                      (1) The number of individuals who received overpayments
                                                                                                of pension under chapter 15 of title 38, United States Code.
                                                                                                      (2) The five most common reasons for overpayments
                                                                                                described in paragraph (1).
                                                                                                      (3) The number of veterans who had to repay overpayments
                                                                                                described in paragraph (1).
                                                                                                      (4) The number of veterans for whom the Secretary waived
                                                                                                a requirement to repay an overpayment described in paragraph
                                                                                                (1).
                                                                                                      (5) The total dollar amount of overpayments described in
                                                                                                paragraph (1).
                                                                                                      (6) The total dollar amount of repayments of veterans
                                                                                                for overpayments described in paragraph (1).
                                                                                                      (7) The average dollar amount of repayments described
                                                                                                in paragraph (6).
                                                                                            SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS FOR VERIFYING
                                                                                                        DIRECT DEPOSIT INFORMATION PROVIDED BY VETERANS
                                                                                                        ON APPLICATIONS FOR VETERANS PENSION.
                                                                                               (a) IN GENERAL.—The Under Secretary for Benefits of the
                                                                                            Department of Veterans Affairs shall—
                                                                                                    (1) conduct an evaluation of the feasibility and advisability
                                                                                               of requiring the processors of claims for pension under chapter
                                                                                               15 of title 38, United States Code, to take additional actions
                                                                                               to verify that the direct deposit information provided by an
                                                                                               individual on an application for pension is for the appropriate
                                                                                               recipient; and
                                                                                                    (2) identify such legislative or administrative actions as
                                                                                               the Under Secretary considers appropriate to ensure that pay-
                                                                                               ments of pension are provided to the correct recipients.
                                                                                               (b) SUBMISSION TO CONGRESS.—
                                                                    Reports.                        (1) IN GENERAL.—Not later than 240 days after the date
                                                                                               of the enactment of this Act, the Under Secretary shall submit
                                                                                               to Congress a report on the evaluation and identification under
                                                                                               subsection (a).
                                                                                                    (2) CONTENTS.—The report required by paragraph (1) shall
                                                                                               include the following:
                                                                                                         (A) The findings of the Under Secretary with respect
                                                                                                    to the evaluation conducted under subsection (a)(1).
                                                                                                         (B) The actions identified under subsection (a)(2).
                                                                    Implementation                       (C) A plan for implementing any administrative actions
                                                                    plan.                           identified under subsection (a)(2).
                                                                                                         (D) A rationale for not implementing any actions evalu-




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                                                                                                    ated under paragraph (1) of subsection (a) but not identified
                                                                                                    under paragraph (2) of such subsection.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5053
                                                                    SEC. 6005. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VET-
                                                                                ERANS AFFAIRS TO ADDRESS THE FINANCIAL EXPLOI-
                                                                                TATION OF VETERANS RECEIVING PENSION.
                                                                         (a) IN GENERAL.—Not later than one year after the date of
                                                                    the enactment of this Act and not less frequently than once each
                                                                    year thereafter until the date that is four years after the date
                                                                    of the enactment of this Act, the Secretary of Veterans Affairs
                                                                    shall submit to the Committee on Veterans’ Affairs of the Senate
                                                                    and the Committee on Veterans’ Affairs of the House of Representa-
                                                                    tives a report on efforts to address the financial exploitation of
                                                                    individuals receiving pension under chapter 15 of title 38, United
                                                                    States Code.
                                                                         (b) CONTENTS.—Each report required by subsection (a) shall
                                                                    include, for the period covered by the report, the following:
                                                                              (1) The number of individuals who received pension under
                                                                         chapter 15 of title 38, United States Code, who have been
                                                                         referred by any component of the Department of Veterans
                                                                         Affairs to the Office of Inspector General of the Department
                                                                         as likely or proven victims of financial exploitation.
                                                                              (2) The number of referrals and reports relating to the
                                                                         financial exploitation of such individuals made by the Depart-
                                                                         ment of Veterans Affairs to—
                                                                                   (A) the Consumer Sentinel Network of the Federal
                                                                              Trade Commission; and
                                                                                   (B) the Department of Justice.
                                                                              (3) A description of the actions taken as a result of such
                                                                         referrals and reports against—
                                                                                   (A) individuals recognized by the Secretary as agents
                                                                              or attorneys under section 5904 of title 38, United States
                                                                              Code; and
                                                                                   (B) individuals not so recognized.
                                                                    SEC. 6006. NOTICE REGARDING FEES CHARGED IN CONNECTION WITH                                           38 USC 1501
                                                                                FILING AN APPLICATION FOR VETERANS PENSION.                                               note.

                                                                        The Under Secretary for Benefits of the Department of Veterans
                                                                    Affairs shall ensure that every paper or electronic document relating
                                                                    to the receipt of pension under chapter 15 of title 38, United
                                                                    States Code, that is available to individuals who apply for such
                                                                    pension, including educational forms about or applications for such
                                                                    pension, includes a notice that the Department does not charge
                                                                    any fee in connection with the filing of an application for such
                                                                    pension.
                                                                    SEC. 6007. OUTREACH PLAN FOR EDUCATING VULNERABLE VETERANS
                                                                                 ABOUT POTENTIAL FINANCIAL EXPLOITATION RELATING
                                                                                 TO THE RECEIPT OF PENSION.
                                                                         (a) DEVELOPMENT OF PLAN.—The Under Secretary for Benefits
                                                                    of the Department of Veterans Affairs shall develop, in collaboration
                                                                    with veterans service organizations, an outreach plan for educating
                                                                    vulnerable individuals about potential financial exploitation relating
                                                                    to the receipt of pension under chapter 15 of title 38, United
                                                                    States Code.
                                                                         (b) SUBMISSION TO CONGRESS.—Not later than 180 days after                                        Deadline.
                                                                    the date of the enactment of this Act, the Under Secretary shall




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                                                                    submit to the Committee on Veterans’ Affairs and the Special
                                                                    Committee on Aging of the Senate and the Committee on Veterans’




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                                                                    134 STAT. 5054                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                            Affairs of the House of Representatives the plan developed under
                                                                                            subsection (a).
                                                                                                (c) VETERANS SERVICE ORGANIZATION DEFINED.—In this section,
                                                                                            the term ‘‘veterans service organization’’ means an organization
                                                                                            recognized by the Secretary of Veterans Affairs for the representa-
                                                                                            tion of veterans under section 5902 of title 38, United States Code.

                                                                                                             TITLE VII—OTHER MATTERS
                                                                                                   Subtitle A—Administrative and Other
                                                                                                                Matters
                                                                                            SEC. 7001. MEDICAL EXAMINATION PROTOCOL FOR VOLUNTEER
                                                                                                       DRIVERS PARTICIPATING IN PROGRAM OF TRANSPOR-
                                                                                                       TATION SERVICES FOR VETERANS.
                                                                                                 Section 111A(b) of title 38, United States Code, is amended—
                                                                                                        (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and
                                                                                                        (2) by adding at the end the following new paragraph:
                                                                    Deadline.                    ‘‘(2)(A) Not later than 90 days after the date of the enactment
                                                                                            of the Johnny Isakson and David P. Roe, M.D. Veterans Health
                                                                                            Care and Benefits Improvement Act of 2020, the Secretary shall
                                                                                            develop and establish a national protocol for the administration
                                                                                            of medical examinations for volunteer drivers to participate in the
                                                                                            program described in paragraph (1).
                                                                    Consultation.                ‘‘(B) In developing the protocol required by subparagraph (A),
                                                                    Determination.          the Secretary shall consult with such persons as the Secretary
                                                                                            determines have an interest in the program described in paragraph
                                                                                            (1).
                                                                    Time period.                 ‘‘(C)(i) The Secretary shall implement the protocol by first con-
                                                                                            ducting a one-year pilot program using the protocol.
                                                                    Assessment.                  ‘‘(ii) After conducting the pilot program required by clause
                                                                                            (i), the Secretary shall assess the pilot program and make such
                                                                                            changes to the protocol as the Secretary considers appropriate.
                                                                                                 ‘‘(iii) After making changes to the protocol under clause (ii),
                                                                                            the Secretary shall implement the protocol in phases during the
                                                                                            course of one year.’’.
                                                                                            SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COM-
                                                                                                       MITTEE ON TRIBAL AND INDIAN AFFAIRS.
                                                                                                   (a) ESTABLISHMENT OF ADVISORY COMMITTEE.—
                                                                                                        (1) IN GENERAL.—Subchapter III of chapter 5 of title 38,
                                                                                                   United States Code, is amended by adding at the end the
                                                                                                   following new section:
                                                                    38 USC 547.             ‘‘§ 547. Advisory Committee on Tribal and Indian Affairs
                                                                                                 ‘‘(a) ESTABLISHMENT.—(1) The Secretary shall establish an
                                                                                            advisory committee to provide advice and guidance to the Secretary
                                                                                            on matters relating to Indian tribes, tribal organizations, and Native
                                                                                            American veterans.
                                                                                                 ‘‘(2) The advisory committee established under paragraph (1)
                                                                                            shall be known as the ‘Advisory Committee on Tribal and Indian
                                                                                            Affairs’ (in this section referred to as the ‘Committee’).
                                                                                                 ‘‘(3) The Committee shall facilitate, but not supplant, govern-




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                                                                                            ment-to-government consultation between the Department and
                                                                                            Indian tribes or tribal organizations.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5055

                                                                         ‘‘(4) The Secretary shall consult with Indian tribes or tribal                                   Consultation.
                                                                    organizations in developing a charter for the Committee.
                                                                         ‘‘(b) MEMBERSHIP.—(1) The Committee shall be comprised of
                                                                    15 voting members selected by the Secretary from among individ-
                                                                    uals nominated as specified under this subsection.
                                                                         ‘‘(2) In selecting members under paragraph (1), the Secretary
                                                                    shall ensure that—
                                                                               ‘‘(A) at least one member of each of the 12 service areas
                                                                         of the Indian Health Service is represented in the membership
                                                                         of the Committee nominated by Indian tribes or tribal organiza-
                                                                         tions;
                                                                               ‘‘(B) at least one member of the Committee represents
                                                                         the Native Hawaiian veteran community nominated by a Native
                                                                         Hawaiian Organization;
                                                                               ‘‘(C) at least one member of the Committee represents
                                                                         urban Indian organizations nominated by a national urban
                                                                         Indian organization; and
                                                                               ‘‘(D) not fewer than half of the members are veterans,                                     Determination.
                                                                         unless the Secretary determines that an insufficient number
                                                                         of qualified veterans were nominated under paragraph (1).
                                                                         ‘‘(3) No member of the Committee may be an employee of
                                                                    the Federal Government.
                                                                         ‘‘(c) TERMS; VACANCIES.—(1) A member of the Committee shall
                                                                    be appointed for a term of two years.
                                                                         ‘‘(2) The Secretary shall fill a vacancy in the Committee in                                     Deadline.
                                                                    the same manner as the original appointment within 180 days.
                                                                         ‘‘(d) MEETINGS.—(1)(A) Except as provided in subparagraph
                                                                    (B), the Committee shall meet in-person with the Secretary, or
                                                                    the Secretary’s designee, not less frequently than twice each year
                                                                    and hold monthly conference calls as necessary.
                                                                         ‘‘(B) During a public health emergency (as defined in section
                                                                    20003 of the Coronavirus Aid, Relief, and Economic Security Act
                                                                    (Public Law 116–136)), meetings under subparagraph (A) may be
                                                                    conducted virtually.
                                                                         ‘‘(2)(A) Representatives of relevant Federal agencies may attend
                                                                    meetings of the Committee and provide information to the Com-
                                                                    mittee.
                                                                         ‘‘(B) One representative of the Office of Tribal Government
                                                                    Relations of the Department shall attend at each meeting of the
                                                                    Committee.
                                                                         ‘‘(C) Representatives attending meetings under this paragraph
                                                                    shall not be considered voting members of the Committee.
                                                                         ‘‘(D) A representative attending a meeting or providing informa-
                                                                    tion under this paragraph may not receive additional compensation
                                                                    for services performed with respect to the Committee.
                                                                         ‘‘(e) SUBCOMMITTEES.—(1) The Committee may establish sub-
                                                                    committees.
                                                                         ‘‘(2) The Secretary may, in consultation with the Committee,                                     Consultation.
                                                                    appoint a member to a subcommittee established under paragraph
                                                                    (1) who is not a member of the Committee.
                                                                         ‘‘(3) Such subcommittees may enhance the function of the Com-
                                                                    mittee, but may not supersede the authority of the Committee
                                                                    or provide direct advice or work products to the Department.
                                                                         ‘‘(f) DUTIES.—The duties of the Committee are as follows:
                                                                               ‘‘(1) To advise the Secretary on ways the Department can




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                                                                         improve the programs and services of the Department to better
                                                                         serve Native American veterans.




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                                                                    134 STAT. 5056                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                       ‘‘(2) To identify for the Department evolving issues of rel-
                                                                                                 evance to Indian tribes, tribal organizations, and Native Amer-
                                                                                                 ican veterans relating to programs and services of the Depart-
                                                                                                 ment.
                                                                    Recommenda-                        ‘‘(3) To propose clarifications, recommendations, and solu-
                                                                    tions.                       tions to address issues raised at tribal, regional, and national
                                                                                                 levels, especially regarding any tribal consultation reports.
                                                                                                       ‘‘(4) To provide a forum for Indian tribes, tribal organiza-
                                                                                                 tions, urban Indian organizations, Native Hawaiian organiza-
                                                                                                 tions, and the Department to discuss issues and proposals
                                                                                                 for changes to Department regulations, policies, and procedures.
                                                                                                       ‘‘(5) To identify priorities and provide advice on appropriate
                                                                                                 strategies for tribal consultation and urban Indian organiza-
                                                                                                 tions conferring on issues at the tribal, regional, or national
                                                                                                 levels.
                                                                                                       ‘‘(6) To ensure that pertinent issues are brought to the
                                                                                                 attention of Indian tribes, tribal organizations, urban Indian
                                                                                                 organizations, and Native Hawaiian organizations in a timely
                                                                                                 manner, so that feedback can be obtained.
                                                                                                       ‘‘(7) To encourage the Secretary to work with other Federal
                                                                                                 agencies and Congress so that Native American veterans are
                                                                                                 not denied the full benefit of their status as both Native Ameri-
                                                                                                 cans and veterans.
                                                                                                       ‘‘(8) To highlight contributions of Native American veterans
                                                                                                 in the Armed Forces.
                                                                    Recommenda-                        ‘‘(9) To make recommendations on the consultation policy
                                                                    tions.                       of the Department on tribal matters.
                                                                                                       ‘‘(10) To support a process to develop an urban Indian
                                                                                                 organization confer policy to ensure the Secretary confers, to
                                                                                                 the maximum extent practicable, with urban Indian organiza-
                                                                                                 tions.
                                                                                                       ‘‘(11) To conduct other duties as recommended by the Com-
                                                                                                 mittee.
                                                                    Recommenda-                  ‘‘(g) REPORTS.—(1) Not less frequently than once each year,
                                                                    tions.                  the Committee shall submit to the Secretary and the appropriate
                                                                                            committees of Congress such recommendations as the Committee
                                                                                            may have for legislative or administrative action for the upcoming
                                                                                            year.
                                                                    Deadline.                    ‘‘(2) Not later than 90 days after the date on which the Secretary
                                                                                            receives a recommendation under paragraph (1), the Secretary shall
                                                                                            submit to the appropriate committees of Congress a written
                                                                                            response to the recommendation.
                                                                                                 ‘‘(3) Not less frequently than once every two years, the Com-
                                                                                            mittee shall submit to the Secretary and the appropriate committees
                                                                                            of Congress a report describing the activities of the Committee
                                                                                            during the previous two years.
                                                                    Public                       ‘‘(4) The Secretary shall make publicly available on an Internet
                                                                    information.            website of the Department—
                                                                    Web posting.                       ‘‘(A) each recommendation the Secretary receives under
                                                                                                 paragraph (1);
                                                                                                       ‘‘(B) each response the Secretary submits under paragraph
                                                                                                 (2); and
                                                                                                       ‘‘(C) each report the Secretary receives under paragraph
                                                                                                 (3).
                                                                                                 ‘‘(h) COMMITTEE PERSONNEL MATTERS.—A member of the Com-




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                                                                                            mittee shall be allowed travel expenses, including per diem in
                                                                                            lieu of subsistence, at rates authorized for an employee of an agency




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5057

                                                                    under subchapter I of chapter 57 of title 5 while away from the
                                                                    home or regular place of business of the member in the performance
                                                                    of the duties of the Committee.
                                                                         ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—Section
                                                                    14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall
                                                                    not apply to the Committee.
                                                                         ‘‘(j) DEFINITIONS.—In this section:
                                                                               ‘‘(1) The term ‘appropriate committees of Congress’ means—
                                                                                     ‘‘(A) the Committee on Veterans’ Affairs and the Com-
                                                                               mittee on Indian Affairs of the Senate; and
                                                                                     ‘‘(B) the Committee on Veterans’ Affairs and the Com-
                                                                               mittee on Natural Resources of the House of Representa-
                                                                               tives.
                                                                               ‘‘(2) The term ‘Indian tribe’ has the meaning given such
                                                                         term in section 4 of the Indian Self-Determination and Edu-
                                                                         cation Assistance Act (25 U.S.C. 5304).
                                                                               ‘‘(3) The term ‘Native Hawaiian organization’ means any
                                                                         organization that—
                                                                                     ‘‘(A) serves the interests of Native Hawaiians;
                                                                                     ‘‘(B) has Native Hawaiians in substantive and policy-
                                                                               making positions within the organization;
                                                                                     ‘‘(C) has demonstrated experience working with Native
                                                                               Hawaiian veterans; and
                                                                                     ‘‘(D) shall include the Office of Hawaiian Affairs.
                                                                               ‘‘(4) The term ‘Native American veteran’ has the meaning
                                                                         given such term in section 3765 of this title.
                                                                               ‘‘(5) The term ‘Office of Hawaiian Affairs’ means the Office
                                                                         of Hawaiian Affairs established by the constitution of the State
                                                                         of Hawaii.’’.
                                                                               ‘‘(6) The term ‘tribal organization’ has the meaning given
                                                                         such term in section 3765 of this title.
                                                                               ‘‘(7) The term ‘urban Indian organization’ has the meaning
                                                                         given such term in section 4 of the Indian Health Care Improve-
                                                                         ment Act (25 U.S.C. 1603).’’.
                                                                               (2) CLERICAL AMENDMENT.—The table of sections at the
                                                                         beginning of chapter 5 of such title is amended by inserting                                     38 USC 501 prec.
                                                                         after the item relating to section 546 the following new item:
                                                                    ‘‘547. Advisory Committee on Tribal and Indian Affairs.’’.
                                                                         (b) DEADLINE FOR ESTABLISHMENT.—The Secretary of Veterans                                        38 USC 547 note.
                                                                    Affairs shall establish the advisory committee required by section
                                                                    547 of title 38, United States Code, as added by subsection (a)(1),
                                                                    not later than 180 days after the date of the enactment of this
                                                                    Act.
                                                                         (c) DEADLINE FOR INITIAL APPOINTMENTS.—Not later than 90
                                                                    days after the date on which the Secretary establishes the advisory
                                                                    committee required by such section, the Secretary shall appoint
                                                                    members under subsection (b)(1) of such section.
                                                                         (d) INITIAL MEETING.—Not later than 90 days after the date                                       Deadline.
                                                                    on which the Secretary establishes the advisory committee required
                                                                    by such section, such advisory committee shall hold its first meeting.
                                                                         (e) REPORT ON RELATION TO OFFICE OF TRIBAL AND GOVERN-
                                                                    MENT RELATIONS.—
                                                                              (1) IN GENERAL.—Not later than two years after the date
                                                                         of the first meeting held by the advisory committee required




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                                                                         by such section, the Secretary shall submit to Congress a report
                                                                         on whether and to what extent the activities of the advisory




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                                                                    134 STAT. 5058                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                   committee improve the function of the Office of Tribal and
                                                                                                   Government Relations of the Department of Veterans Affairs,
                                                                                                   aid the decisions of the Secretary, and whether and to what
                                                                                                   extent the activities of the advisory committee duplicate func-
                                                                                                   tion of the Department performed before the enactment of
                                                                                                   this Act.
                                                                                                        (2) REVIEW BY ADVISORY COMMITTEE.—The Secretary
                                                                                                   shall—
                                                                                                             (A) give the advisory committee an opportunity to
                                                                                                        review the report required by paragraph (1) before submit-
                                                                                                        ting the report under such paragraph; and
                                                                                                             (B) include in the report submitted under such para-
                                                                                                        graph such comments as the advisory committee considers
                                                                                                        appropriate regarding the views of the advisory committee
                                                                                                        with respect to the report.
                                                                                            SEC. 7003. PREFERENCE FOR OFFERORS EMPLOYING VETERANS.
                                                                                                (a) IN GENERAL.—Subchapter II of chapter 81 of title 38, United
                                                                                            States Code, is amended by adding after section 8128 the following
                                                                                            new section:
                                                                    38 USC 8129.            ‘‘§ 8129. Preference for offerors employing veterans
                                                                                                  ‘‘(a) PREFERENCE.—(1) In awarding a contract for the procure-
                                                                                            ment of goods or services, the Secretary may give a preference
                                                                                            to offerors that employ veterans on a full-time basis.
                                                                    Determination.                ‘‘(2) The Secretary shall determine such preference based on
                                                                                            the percentage of the full-time employees of the offeror who are
                                                                                            veterans.
                                                                    Time period.                  ‘‘(b) ENFORCEMENT PENALTIES FOR MISREPRESENTATION.—(1)
                                                                                            Any offeror that is determined by the Secretary to have willfully
                                                                                            and intentionally misrepresented the veteran status of the
                                                                                            employees of the offeror for purposes of subsection (a) may be
                                                                                            debarred from contracting with the Department for a period of
                                                                                            not less than five years.
                                                                    Deadlines.                    ‘‘(2) If the Secretary carries out a debarment under paragraph
                                                                                            (1), the Secretary shall—
                                                                                                        ‘‘(A) commence debarment action against the offeror by
                                                                                                  not later than 30 days after determining that the offeror will-
                                                                                                  fully and intentionally misrepresented the veteran status of
                                                                                                  the employees of the offeror as described in paragraph (1);
                                                                                                  and
                                                                                                        ‘‘(B) complete debarment actions against such offeror by
                                                                                                  not later than 90 days after such determination.
                                                                                                  ‘‘(3) The debarment of an offeror under paragraph (1) includes
                                                                                            the debarment of all principals in the offeror for a period of not
                                                                                            less than five years.’’.
                                                                                                  (b) CLERICAL AMENDMENT.—The table of sections at the begin-
                                                                    38 USC 8101             ning of chapter 81 of such title is amended by inserting after
                                                                    prec.                   the item relating to section 8128 the following new item:
                                                                                            ‘‘8129. Preference for offerors employing veterans.’’.
                                                                                            SEC. 7004. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOY-
                                                                                                        MENT RIGHTS TO MEMBERS OF THE NATIONAL GUARD
                                                                                                        WHO PERFORM STATE ACTIVE DUTY.
                                                                                                   Section 4303 of title 38, United States Code, is amended—




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                                                                                                       (1) in paragraph (13), by inserting ‘‘State active duty for
                                                                                                   a period of 14 days or more, State active duty in response




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5059

                                                                           to a national emergency declared by the President under the
                                                                           National Emergencies Act (50 U.S.C. 1601 et seq.), State active
                                                                           duty in response to a major disaster declared by the President
                                                                           under section 401 of the Robert T. Stafford Disaster Relief
                                                                           and Emergency Assistance Act (42 U.S.C. 5170),’’ after ‘‘full-
                                                                           time National Guard duty,’’;
                                                                               (2) by redesignating paragraph (15) as paragraph (16);
                                                                           and
                                                                               (3) by inserting after paragraph (14) the following new
                                                                           paragraph (15):
                                                                               ‘‘(15) The term ‘State active duty’ means training or other                                Definition.
                                                                           duty, other than inactive duty, performed by a member of
                                                                           the National Guard of a State—
                                                                                    ‘‘(A) not under section 502 of title 32 or under title
                                                                               10;
                                                                                    ‘‘(B) in service to the Governor of a State; and
                                                                                    ‘‘(C) for which the member is not entitled to pay from
                                                                               the Federal Government.’’.
                                                                    SEC. 7005. REPAYMENT OF MISUSED BENEFITS.
                                                                         (a) IN GENERAL.—Section 6107(b) of title 38, United States
                                                                    Code, is amended—
                                                                              (1) in paragraph (1), by striking ‘‘In any case in which
                                                                         a fiduciary described in paragraph (2)’’ and inserting ‘‘In any
                                                                         case not covered by subsection (a) in which a fiduciary’’;
                                                                              (2) by striking paragraph (2); and
                                                                              (3) by redesignating paragraph (3) as paragraph (2).
                                                                         (b) APPLICATION.—The amendments made by subsection (a)                                           38 USC 6107
                                                                    shall apply with respect to any determination by the Secretary                                        note.
                                                                    of Veterans Affairs made on or after the date of the enactment
                                                                    of this Act regarding the misuse of benefits by a fiduciary.
                                                                    SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS.
                                                                         Section 7364(b)(1) of title 38, United States Code, is amended
                                                                    by adding at the end the following new sentence: ‘‘Any amounts
                                                                    so transferred after September 30, 2016, shall be available without
                                                                    regard to fiscal year limitations, notwithstanding section 1535(d)
                                                                    of title 31.’’.
                                                                    SEC. 7007. REPORT AND PLANNED ACTIONS OF THE SECRETARY OF
                                                                                VETERANS AFFAIRS TO ADDRESS CERTAIN HIGH-RISK
                                                                                AREAS OF THE DEPARTMENT OF VETERANS AFFAIRS.
                                                                        (a) REPORT REQUIRED.—Not later than 180 days after the date
                                                                    of the enactment of this Act, the Secretary of Veterans Affairs,
                                                                    in consultation with the Comptroller General of the United States,
                                                                    shall submit to the Committees on Veterans’ Affairs of the Senate
                                                                    and House of Representatives a report outlining the plan the Sec-
                                                                    retary has developed and the actions the Secretary has taken to
                                                                    address the areas of concern identified by the Comptroller General
                                                                    for the Department of Veterans Affairs in the 2019 High-Risk
                                                                    List of the Government Accountability Office (GAO–19–157SP)
                                                                    regarding—
                                                                             (1) acquisition management; and
                                                                             (2) managing risks and improving health care.
                                                                        (b) ELEMENTS.—The report under subsection (a) shall include
                                                                    each of the following:




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                                                                             (1) Root causes of the areas of concern described in para-
                                                                        graphs (1) and (2) of subsection (a).




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                                                                    134 STAT. 5060                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                        (2) Corrective actions and specific steps to address each
                                                                                                   root cause, including—
                                                                                                             (A) the progress of the Secretary in implementing those
                                                                                                        actions and steps; and
                                                                    Timelines.                               (B) timelines and milestones the Secretary determines
                                                                    Determination.                      feasible to complete each corrective action.
                                                                    Determination.                      (3) Resources the Secretary determines are necessary to
                                                                                                   implement corrective actions, including—
                                                                                                             (A) funding;
                                                                                                             (B) stakeholders;
                                                                                                             (C) technology; and
                                                                                                             (D) senior officials responsible for implementing the
                                                                                                        corrective actions and reporting results.
                                                                                                        (4) Metrics for assessing progress in addressing the areas
                                                                                                   of concern described in paragraphs (1) and (2) of subsection
                                                                                                   (a).
                                                                                                        (5) Key outcomes that demonstrate progress in addressing
                                                                                                   the areas of concern described in paragraphs (1) and (2) of
                                                                                                   subsection (a).
                                                                                                        (6) Obstacles to implementation of the plan that the Sec-
                                                                                                   retary identifies.
                                                                    Recommenda-                         (7) Recommendations of the Secretary regarding legislation
                                                                    tions.                         or funding the Secretary determines necessary to implement
                                                                    Determination.
                                                                                                   the plan.
                                                                    Determination.                      (8) Any other information the Secretary determines is rel-
                                                                                                   evant to understanding the progress of the Department toward
                                                                                                   the removal of the areas of concern from the High Risk List.
                                                                                                   (c) ANNUAL UPDATES.—
                                                                                                        (1) UPDATE REQUIRED.—Not less than once each year during
                                                                                                   the implementation period under paragraph (2), the Secretary
                                                                                                   shall submit to Congress an update regarding implementation
                                                                                                   of each element of the plan under subsection (b).
                                                                                                        (2) IMPLEMENTATION PERIOD.—The implementation period
                                                                                                   described in this paragraph begins on the date on which the
                                                                                                   Secretary submits the report required under subsection (a)
                                                                                                   and ends on the earlier of the following dates:
                                                                                                             (A) The date on which the Comptroller General
                                                                                                        removes the last area of concern for the Department from
                                                                                                        the most recent High-Risk List of the Government Account-
                                                                                                        ability Office.
                                                                                                             (B) The date that is 8 years after the date on which
                                                                                                        the Secretary submits the plan required under subsection
                                                                                                        (a).
                                                                                            SEC. 7008. ANNUAL REPORT BY SECRETARY OF VETERANS AFFAIRS
                                                                                                        ON IMPLEMENTATION OF PRIORITY RECOMMENDATIONS
                                                                                                        OF COMPTROLLER GENERAL OF THE UNITED STATES
                                                                                                        PERTAINING TO DEPARTMENT OF VETERANS AFFAIRS.
                                                                    Time period.                 (a) ANNUAL REPORT REQUIRED.—Not later than 270 days after
                                                                                            the date of the enactment of this Act, and not less than once
                                                                                            during each of the subsequent 3 years, the Secretary of Veterans
                                                                                            Affairs shall submit to the Committees on Veterans’ Affairs of
                                                                                            the Senate and House of Representatives and to the Comptroller
                                                                                            General of the United States a report on the implementation of




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                                                                                            priority recommendations of the Comptroller General that pertain
                                                                                            to the Department of Veterans Affairs.




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5061

                                                                        (b) CONTENTS.—Each report submitted under subsection (a)
                                                                    shall include, for the period covered by the report, the following:
                                                                             (1) The progress of the Secretary in implementing all open
                                                                        priority recommendations of the Comptroller General for the
                                                                        Department of Veterans Affairs.
                                                                             (2) An explanation for each instance where the Secretary
                                                                        has decided not to implement, or has not fully implemented,
                                                                        an open priority recommendation of the Comptroller General
                                                                        for the Department.
                                                                             (3) A summary of the corrective actions taken and                                            Summary.
                                                                        remaining steps the Secretary plans to take to implement open
                                                                        priority recommendations of the Comptroller General.
                                                                        (c) SUPPLEMENT NOT SUPPLANT CERTAIN REQUIRED REPORTS
                                                                    OR WRITTEN STATEMENTS.—The report under this section shall not
                                                                    be construed to supplant any report or written statement required
                                                                    under section 720 of title 31, United States Code.
                                                                    SEC. 7009. CLARIFICATION OF METHODS USED TO MONITOR COMPLI-
                                                                                ANCE WITH CERTAIN LIMITATIONS ON SUBCON-
                                                                                TRACTING.
                                                                        Section 8127(k)(3)(A) of title 38, United States Code, is amended
                                                                    by striking ‘‘and any other’’ and inserting ‘‘or any other’’.
                                                                    SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT TO                                              Deadline.
                                                                                PROVIDE CERTAIN NOTICE TO PERSONS FILING CLAIMS                                           38 USC 515 note.
                                                                                FOR DAMAGE, INJURY, OR DEATH ON STANDARD FORM
                                                                                95.
                                                                         Not later than 90 days after the date on which a person
                                                                    submits to the Secretary of Veterans Affairs a claim for damage,
                                                                    injury, or death on Standard Form 95, or any successor form,
                                                                    the Secretary shall provide to such person notice of each of the
                                                                    following:
                                                                              (1) The benefit of obtaining legal advice concerning such
                                                                         claim.
                                                                              (2) The employment status of any individual listed on the
                                                                         form.
                                                                              (3) If the claim involves a contractor that entered into
                                                                         an agreement with the Secretary, the importance of obtaining
                                                                         legal advice as to the statute of limitations regarding the claim
                                                                         in the State in which the claim arose.

                                                                    Subtitle B—Matters Relating to the Chief
                                                                     Financial Officer of Department of Vet-
                                                                     erans Affairs
                                                                    SEC. 7101. DEFINITIONS.                                                                               38 USC 309 note.
                                                                           In this subtitle:
                                                                                (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
                                                                           ‘‘appropriate congressional committees’’ means the Committees
                                                                           on Veterans’ Affairs of the Senate and the House of Representa-
                                                                           tives and the Committees on Appropriations of the Senate
                                                                           and the House of Representatives.
                                                                                (2) SUBORDINATE CHIEF FINANCIAL OFFICER.—The term




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                                                                           ‘‘subordinate chief financial officer’’—
                                                                                    (A) includes—




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                                                                    134 STAT. 5062                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                                                                    (i) the chief financial officer of the Veterans Health
                                                                                                               Administration, the chief financial officer of the Office
                                                                                                               of Community Care within the Veterans Health
                                                                                                               Administration, and all chief financial officers of Vet-
                                                                                                               erans Integrated Service Networks within the Veterans
                                                                                                               Health Administration;
                                                                                                                    (ii) the chief financial officer of the Veterans Bene-
                                                                                                               fits Administration and all chief financial officers of
                                                                                                               organizational subdivisions representing business lines
                                                                                                               within the Veterans Benefits Administration;
                                                                                                                    (iii) the chief financial officer of the National Ceme-
                                                                                                               tery Administration; and
                                                                                                                    (iv) the chief financial officer of the Office of
                                                                                                               Information and Technology; and
                                                                                                               (B) does not include the Inspector General.
                                                                    Deadlines.              SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAKNESSES AND PRO-
                                                                    Time period.                         VIDING SUFFICIENT AUTHORITY TO CHIEF FINANCIAL
                                                                                                         OFFICER OF DEPARTMENT OF VETERANS AFFAIRS.
                                                                                                 Not later than 180 days after the date of the enactment of
                                                                                            this Act, and annually thereafter for each of the three subsequent
                                                                                            years, the Secretary of Veterans Affairs, acting through the Chief
                                                                                            Financial Officer of the Department of Veterans Affairs, shall
                                                                                            submit to the appropriate congressional committees—
                                                                                                     (1) an action plan, including steps, related timelines, costs,
                                                                                                 progress, status of implementation, and any updates for fully
                                                                                                 addressing the material weaknesses of the Department dis-
                                                                                                 cussed in the Management’s Discussion and Analysis section
                                                                                                 of the financial statements of the Department submitted to
                                                                                                 Congress under section 3515 of title 31, United States Code
                                                                                                 for the year preceding the year during which the report is
                                                                                                 submitted; and
                                                                                                     (2) a plan outlining the steps the Secretary plans to take
                                                                                                 to address the recommendations of auditors related to entity-
                                                                                                 level internal controls and to provide sufficient authority to
                                                                                                 the Chief Financial Officer of the Department to carry out
                                                                                                 the requirements of section 902 of title 31, United States Code.
                                                                                            SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION.
                                                                                                 Concurrent with the submittal to Congress of the President’s
                                                                                            budget request under section 1105 of title 31, United States Code,
                                                                                            for fiscal year 2022 and each of the next three subsequent fiscal
                                                                                            years, the Chief Financial Officer of the Department of Veterans
                                                                                            affairs shall submit to the appropriate congressional committees
                                                                                            each of the following:
                                                                    Certification.                    (1) A certification of the responsibility of the Chief Financial
                                                                                                 Officer for internal financial controls of the Department.
                                                                    Attestation.                      (2) An attestation that the Chief Financial Officer has
                                                                                                 collaborated sufficiently with the subordinate chief financial
                                                                                                 officers of the Department to be confident in the financial
                                                                                                 projections included the budget request and supporting mate-
                                                                                                 rials.
                                                                                            SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR SUBORDI-
                                                                                                         NATE CHIEF FINANCIAL OFFICERS.
                                                                                                 (a) IN GENERAL.—In accordance with the responsibilities of




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                                                                                            the Chief Financial Officer of the Department of Veterans Affairs
                                                                                            for the recruitment, selection, and training of personnel to carry




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                                                                                        PUBLIC LAW 116–315—JAN. 5, 2021                                             134 STAT. 5063

                                                                    out agency financial management functions pursuant to section
                                                                    902(a)(5)(C) of title 31, United States Code, the Chief Financial
                                                                    Officer or the designee of the Chief Financial Officer within the
                                                                    Office of Management of the Department shall—
                                                                              (1) participate in the interview and selection panels of
                                                                         all subordinate chief financial officers; and
                                                                              (2) give input into the performance plans and performance
                                                                         evaluations of all subordinate chief financial officers.
                                                                         (b) TERMINATION.—The requirements under subsection (a) shall
                                                                    terminate on the date that is five years after the date of the
                                                                    enactment of this Act.

                                                                        Subtitle C—Servicemembers Civil Relief
                                                                    SEC. 7201. CLARIFICATION OF DELIVERY OF NOTICE OF TERMINATION
                                                                                 OF LEASES OF PREMISES AND MOTOR VEHICLES FOR
                                                                                 PURPOSES OF RELIEF UNDER SERVICEMEMBERS CIVIL
                                                                                 RELIEF ACT.
                                                                         (a) IN GENERAL.—Section 305(c)(2) of the Servicemembers Civil
                                                                    Relief Act (50 U.S.C. 3955(c)(2)) is amended—
                                                                              (1) in subparagraph (B), by striking ‘‘or’’ at the end;
                                                                              (2) in subparagraph (C), by striking the period and
                                                                         inserting ‘‘; or’’; and
                                                                              (3) by adding at the end the following new subparagraph:
                                                                                   ‘‘(D) by electronic means, including—
                                                                                         ‘‘(i) the direct delivery of material to an electronic
                                                                                   address designated by the lessor (or the lessor’s
                                                                                   grantee) or the lessor’s agent (or the agent’s grantee);
                                                                                         ‘‘(ii) the posting of material to a website or other
                                                                                   internet or electronic-based information repository to
                                                                                   which access has been granted to the lessee, the lessor
                                                                                   (or the lessor’s grantee), or the lessor’s agent (or the
                                                                                   agent’s grantee); and
                                                                                         ‘‘(iii) other electronic means reasonably calculated
                                                                                   to ensure actual receipt of the material by the lessor
                                                                                   (or the lessor’s grantee) or the lessor’s agent (or the
                                                                                   agent’s grantee).’’.
                                                                         (b) EFFECTIVE DATE.—The amendments made by subsection                                            50 USC 3955
                                                                    (a) shall apply to delivery of notice of lease terminations on or                                     note.
                                                                    after the date the enactment of this Act.
                                                                    SEC. 7202. TECHNICAL CORRECTION REGARDING EXTENSION OF
                                                                               LEASE PROTECTIONS FOR SERVICEMEMBERS UNDER
                                                                               STOP MOVEMENT ORDERS IN RESPONSE TO LOCAL,
                                                                               NATIONAL, OR GLOBAL EMERGENCY.
                                                                        (a) IN GENERAL.—Section 305(b) of the Servicemembers Civil
                                                                    Relief Act (50 U.S.C. 3955(b)), as amended by Public Law 116–
                                                                    158, is further amended—
                                                                              (1) in paragraph (1)(C)(ii), by striking ‘‘Secretary of                                     Ante, p. 706.
                                                                        Defense’’ and inserting ‘‘Secretary concerned’’; and
                                                                              (2) in paragraph (2)(C)(ii), by striking ‘‘Secretary of                                     Ante, p. 707.
                                                                        Defense’’ and inserting ‘‘Secretary concerned’’.




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                                                                    134 STAT. 5064                             PUBLIC LAW 116–315—JAN. 5, 2021

                                                                    50 USC 3955                  (b) RETROACTIVE APPLICATION.—The amendments made by this
                                                                    note.                   section shall apply to stop movement orders issued on or after
                                                                                            March 1, 2020.

                                                                                                  Approved January 5, 2021.




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




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