(a) Short title.—This Act may be cited as the “Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Determination of budgetary effects.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined 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 Committee, provided that such statement has been submitted prior to the vote on passage.

(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 undergraduate college degree,” after “undergraduate college degree”;

(B) by striking subclause (IX); and

(C) by redesignating subclauses (X) and (XI) as subclauses (IX) and (X), respectively;

(2) in subparagraph (B)—

(A) by inserting “covered clinical training program for health care professionals or a” before “program of education”; and

(B) by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following new subparagraph:

“(C) is an individual who has earned a graduate degree in a field referred to in subparagraph (A)(i) and is enrolled in a covered clinical training program for health care professionals.”.

(b) Priority.—Subsection (c) of such section is amended to read as follows:

“(c) Priority.— (1) If the Secretary determines that there are insufficient funds available in a fiscal year to provide additional benefits under this section to all eligible individuals, the Secretary may give priority to the following eligible individuals:

“(A) Individuals who require the most credit hours described in subsection (b)(4).

“(B) Individuals who are entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), or (9) of section 3311(b) of this title.

“(2) The Secretary shall give priority to individuals under paragraph (1) in the following order:

“(A) Individuals who are enrolled in a program of education leading to an undergraduate degree in a field referred to in subsection (b)(4)(A)(i).

“(B) Individuals who are enrolled in a program of education leading to a teaching certificate.

“(C) Individuals who are enrolled in a dual-degree program leading to both an undergraduate and graduate degree in a field referred to in subsection (b)(4)(A)(i).

“(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.—Subsection (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 section 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.”.

(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 paragraphs (9) and (10):

“(9) An individual who is the child or spouse of a person who, on or after September 11, 2001, dies in line of duty while serving on duty other than active duty as a member of the Armed Forces.

“(10) An individual who is the child or spouse of a member of the Selected Reserve who dies on or after September 11, 2001, while a member of the Selected Reserve from a service-connected disability.”.

(b) Conforming amendments.—Title 38, United States Code, is amended as follows:

(1) In section 3311(f), by striking “paragraph (8)” each place it appears and inserting “paragraphs (8), (9), and (10)”.

(2) In section 3313(c)(1), by striking “(8), or (9)” and inserting “(8), (9), (10), or (11)”.

(3) In section 3317(a), in the second sentence, by striking “paragraphs (1), (2), (8), and (9)” and inserting “paragraphs (1), (2), (8), (9), (10), and (11)”.

(4) In section 3320, as amended by section 1001 of this title, in subsection (c)(1)(B), by striking “(8), or (9)” and inserting “(8), (9), (10), or (11)”.

(5) In section 3322—

(A) in subsection (e), by striking both “sections 3311(b)(8) and 3319” and inserting “section 3319 and paragraph (8), (9), or (10) of section 3311 of this title”;

(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 section shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) take effect and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.

(a) In general.—Section 3011 of title 38, United States Code, is amended—

(1) in subsection (c)(1), by striking “Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces” and inserting “Any such election shall be made during the 90-day period beginning on the day that is 180 days after the date on which the individual initially enters initial training”; and

(2) in subsection (b)(1), by striking “that such individual is entitled to such pay” and inserting “that begin after the date that is 270 days after the date on which the individual initially enters initial training”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date that is two years after the date of the enactment of this Act.

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”.

(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 subparagraph:

“(B) To the extent feasible, the Secretary shall make publicly available on the internet website of the Department a database explaining any requirements described in subparagraph (A) that are established by a public institution of higher learning for an individual to be charged tuition and fees at a rate that is equal to or less than the rate the institution charges for tuition and fees for residents of the State in which the institution is located. The Secretary shall disapprove a course of education provided by such an institution that does not provide the Secretary—

“(i) an initial explanation of such requirements; and

“(ii) not later than 90 days after the date on which any such requirements change, the updated requirements.”.

(b) Application.—The amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.

(a) In general.—Section 3485(a)(4) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

“(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 Secretary and other appropriate governmental and nongovernmental programs.

“(ii) The preparation and processing of papers and other documents, including documents to assist in the preparation and presentation of claims for benefits under laws administered by the Secretary.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on August 1, 2021.

(a) Entitlement.—Section 3699 of title 38, United States Code, is amended by striking “chapter 30,” each time it appears and inserting “chapter 30, 31,”.

(b) Payment of subsistence allowances.—Section 3680(a)(2)(B) of title 38, United States Code, is amended—

(1) by inserting “or a subsistence allowance described in section 3108” before “, during”; and

(2) by inserting “or allowance” after “such a stipend”.

(c) Conforming amendment.—Section 7 of the Student Veteran Coronavirus Response Act of 2020 (134 Stat. 634; Public Law 116–140) is hereby repealed.

(d) Effective date.—The amendments made by this section shall apply as if included in the enactment of section 109 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 131 Stat. 978).

Section 3317(a) of title 38, United States Code, is amended—

(1) by striking “the full cost of established charges (as specified in section 3313)” and inserting “the full cost of tuition and fees for a program of education”; and

(2) by striking “those established charges” and inserting “such tuition and fees”.

(a) In general.—Section 3313(e) of title 38, United States Code, is amended—

(1) in the heading, by inserting “for a period of more than 30 days” after “active duty”;

(2) in paragraph (1), by inserting “for a period of more than 30 days” after “active duty”; and

(3) in paragraph (2), in the matter preceding subparagraph (A), by inserting “for a period of more than 30 days” after “active duty”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on August 1, 2022.

(a) In general.—Section 3313 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(l) Verification of enrollment.— (1) The Secretary shall require—

“(A) each educational institution to submit to the Secretary verification of each individual who is enrolled in a course or program of education at the educational institution and is receiving educational assistance under this chapter—

“(i) not later than such time as the Secretary determines reasonable after the date on which the individual is enrolled; and

“(ii) not later than such time as the Secretary determines 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 enrollment for each month during which the individual is so enrolled and receiving such educational assistance.

“(2) Verification under this subsection shall be in an electronic form prescribed by the Secretary.

“(3) If an individual fails to submit the verification required under paragraph (1)(B) for two consecutive months, the Secretary may not make a monthly stipend payment to the individual under this section until the individual submits such verification.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on August 1, 2021.

(a) In general.—Section 3319(c) of title 38, United States Code, is amended to read as follows:

“(c) Eligible dependents.—

“(1) TRANSFER.—An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement to an eligible dependent or a combination of eligible dependents.

“(2) DEFINITION OF ELIGIBLE DEPENDENT.—For purposes of this subsection, the term ‘eligible dependent’ has the meaning given the term ‘dependent’ under subparagraphs (A), (I), and (D) of section 1072(2) of title 10.”.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to educational assistance payable under chapter 33 of title 38, United States Code, before, on, or after the date that is 90 days after the date of the enactment of this Act.

(a) In general.—Section 3672(b)(2) of title 38, United States Code, is amended—

(1) in subparagraph (A)(i), by inserting or “or (D)” after “subparagraph (C)”; and

(2) by adding at the end the following new subparagraph:

“(D) A program that is described in subparagraph (A)(i) of this paragraph and offered by an educational institution that is at risk of losing accreditation shall not be deemed to be approved for purposes of this chapter. For purposes of this subparagraph, an educational institution is at risk of losing accreditation if that educational institution has received from the relevant accrediting agency or association a notice described in section 3673(e)(2)(D) of this title.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on August 1, 2021.

(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:

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3673 the following new item:

“3673A. Risk-based surveys.”.

(b) Use of State approving agencies for oversight activities.—

(1) IN GENERAL.—Section 3673(d) of title 38, United States Code, is amended—

(A) by striking “may” and inserting “shall”; and

(B) by striking “compliance and risk-based surveys” and inserting “a risk-based survey developed under section 3673A of this title”.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on October 1, 2022.

(a) In general.—Section 3673 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(e) Notice of Government action.— (1) (A) If the Secretary receives notice described in paragraph (2), or otherwise becomes aware of an action or event described in paragraph (3), with respect to an educational institution, the Secretary shall transmit such notice or provide notice of such action or event to the State approving agency for the State where the educational institution is located by not later than 30 days after the date on which the Secretary receives such notice or becomes aware of such action or event.

“(B) If a State approving agency receives notice as described in paragraph (2), or otherwise becomes aware of an action or event described in paragraph (3), with respect to an educational institution, other than from the Secretary pursuant to subparagraph (A) of this paragraph, the State approving agency shall immediately notify the Secretary.

“(C) Not later than 60 days after the date on which a State approving agency receives notice under subparagraph (A), receives notice as described in subparagraph (B), or becomes aware as described in such subparagraph, as the case may be, regarding an educational institution, such State approving agency shall—

“(i) complete a risk-based survey of such educational institution; and

“(ii) provide the Secretary with—

“(I) a complete report on the findings of the State approving agency with respect to the risk-based survey completed under clause (i) and any actions taken as a result of such findings; and

“(II) any supporting documentation and pertinent records.

“(2) Notice described in this paragraph is any of the following:

“(A) Notice from the Secretary of Education of an event under paragraph (3)(A).

“(B) Notice of an event under paragraph (3)(B).

“(C) Notice from a State of an action taken by that State under paragraph (3)(C).

“(D) Notice provided by an accrediting agency or association of an action described in paragraph (3)(D) taken by that agency or association.

“(E) Notice that the Secretary of Education has placed the educational institution on provisional certification status.

“(3) An action or event under this paragraph is any of the following:

“(A) The receipt by an educational institution of payments under the heightened cash monitoring level 2 payment method pursuant to section 487(c)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1094).

“(B) Punitive action taken by the Attorney General, the Federal Trade Commission, or any other Federal department or agency for misconduct or misleading marketing practices that would violate the standards defined by the Secretary of Veterans Affairs.

“(C) Punitive action taken by a State against an educational institution.

“(D) The loss, or risk of loss, by an educational institution of an accreditation from an accrediting agency or association, including notice of probation, suspension, an order to show cause relating to the educational institution's academic policies and practices or to its financial stability, or revocation of accreditation.

“(E) The placement of an educational institution on provisional 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 educational institution, the Secretary shall ensure the careful review of—

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

“(B) any other action against the educational institution by any Federal or State government entity or by the educational institution's accreditor.

“(7) In this subsection, the term ‘risk-based survey’ means the risk-based survey developed under section 3673A of this title.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on August 1, 2021.

(a) In general.—Section 3675 of title 38, United States Code, is amended—

(1) in subsection (b), by adding at the end the following new paragraph:

“(4) The educational institution is approved and participates 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 Veterans' Affairs of the House of Representatives notice of such waiver.”.

(2) by adding at the end the following new subsection:

“(d) (1) The Secretary shall submit to Congress an annual report on any waivers issued pursuant to subsection (b)(4) or section 3672(b)(2)(A)(i) of this title.

“(2) Each report submitted under paragraph (1) shall include, for the year covered by the report, the following:

“(A) The name of each educational institution for which a waiver was issued.

“(B) The justification for each such waiver.

“(C) The total number of waivers issued.”.

(b) Requirement for approval of standard college degree programs.—Clause (i) of section 3672(b)(2)(A) of such title is amended to read as follows:

“(i) Except as provided in subparagraph (C) or (D), an accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that—

“(I) is accredited by an agency or association recognized for that purpose by the Secretary of Education; and

“(II) is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), unless the Secretary has waived the requirement to participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).”.

(c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on August 1, 2021.

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

(1) by striking “an accrediting agency” both places it appears and inserting “a specialized accrediting agency for programs of legal education”; and

(2) by inserting before the period the following: “, from which recipients of law degrees from such accredited programs are eligible to sit for a bar examination in any State”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on August 1, 2021.

(a) In general.—Section 3679 of title 38, United States Code, is amended—

(1) by inserting “(including failure to comply with a risk-based survey under this chapter or secure an affirmation of approval by the appropriate State approving agency following the survey)” after “requirements of this chapter”; and

(2) by adding at the end the following new subsection:

“(f) In this section, the term ‘risk-based survey’ means a risk-based survey developed under section 3673A(a) of this title.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on August 1, 2021.

(a) In general.—Section 3679 of title 38, United States Code, as amended by section 1017 of this title, is further amended by adding at the end the following new subsection:

“(f) (1) Except as provided by paragraph (5), a State approving agency, or the Secretary when acting in the role of the State approving agency, shall take an action described in paragraph (4)(A) if the State approving agency or the Secretary, when acting in the role of the State approving agency, determines that an educational institution does not perform any of the following:

“(A) Prior to the enrollment of a covered individual in a course of education at the educational institution, provide the individual with a form that contains information personalized to the individual that describes—

“(i) the estimated total cost of the course, including tuition, fees, books, supplies, and any other additional costs;

“(ii) an estimate of the cost for living expenses for students enrolled in the course;

“(iii) the amount of the costs under clauses (i) and (ii) that are covered by the educational assistance provided to the individual under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, as the case may be;

“(iv) the type and amount of Federal financial aid not administered by the Secretary and financial aid offered by the institution that the individual may qualify to receive;

“(v) an estimate of the amount of student loan debt the individual would have upon graduation;

“(vi) information regarding graduation rates;

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

“(viii) information regarding the acceptance by the institution of transfer of credits, including military credits;

“(ix) any conditions or additional requirements, including training, experience, or examinations, required to obtain the license, certification, or approval for which the course of education is designed to provide preparation; and

“(x) other information to facilitate comparison by the individual of aid packages offered by different educational institutions.

“(B) Not later than 15 days after the date on which the institution (or the governing body of the institution) determines tuition rates and fees for an academic year that is different than the amount being charged by the institution, provide a covered individual enrolled in a course of education at the educational institution with the form under subparagraph (A) that contains updated information.

“(C) Maintain policies to—

“(i) inform each covered individual enrolled in a course of education at the educational institution of the availability 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 programs for the individual.

“(D) Maintain policies to—

“(i) prohibit the automatic renewal of a covered individual in courses and programs of education; and

“(ii) ensure that each covered individual approves of the enrollment of the individual in a course.

“(E) Provide to a covered individual enrolled in a course of education at the educational institution with information regarding the requirements to graduate from such course, including information regarding when required classes will be offered and a timeline to graduate.

“(F) With respect to an accredited educational institution, obtain the approval of the accrediting agency for each new course or program of the institution before enrolling covered individuals in such courses or programs if the accrediting agency determines that such approval is appropriate under the substantive change requirements of the accrediting agency regarding the quality, objectives, scope, or control of the institution.

“(G) Maintain a policy that—

“(i) ensures that members of the Armed Forces, including the reserve components and the National Guard, who enroll in a course of education at the educational institution may be readmitted at such institution if such members are temporarily unavailable or have to suspend such enrollment by reason of serving in the Armed Forces; and

“(ii) otherwise accommodates such members during short absences by reason of such service.

“(H) Designate an employee of the educational institution to serve as a point of contact for covered individuals and the family of such individuals needing assistance with respect to academic counseling, financial counseling, disability counseling, and other information regarding completing a course of education at such institution, including by referring such individuals and family to the appropriate persons for such counseling and information.

“(2) Except as provided by paragraph (5), a State approving agency, or the Secretary when acting in the role of the State approving agency, shall take an action described in paragraph (4)(A) if the State approving agency, the Secretary, or any Federal agency, determines that an educational institution does any of the following:

“(A) Carries out deceptive or persistent recruiting techniques, including on military installations, that may include—

“(i) misrepresentation (as defined in section 3696(e)(2)(B) of this title) or payment of incentive compensation;

“(ii) during any 1-month period making three or more unsolicited contacts to a covered individual, including contacts by phone, email, or in-person; or

“(iii) engaging in same-day recruitment and registration.

“(B) Pays inducements, including any gratuity, favor, discount, entertainment, hospitality, loan, transportation, lodging, meals, or other item having a monetary value of more than a de minimis amount, to any individual or entity, or its agents including third party lead generators or marketing firms other than salaries paid to employees or fees paid to contractors in conformity with all applicable laws for the purpose of securing enrollments of covered individuals or obtaining access to educational assistance under this title, with the exception of scholarships, grants, and tuition reductions provided by the educational institution.

“(3) A State approving agency, or the Secretary when acting in the role of the State approving agency, shall take an action described in paragraph (4)(A) if the State approving agency or the Secretary, when acting in the role of the State approving agency, determines that an educational institution is the subject of a negative action made by the accrediting agency that accredits the institution, including any of the following:

“(A) Accreditor sanctions.

“(B) Accreditation probation.

“(C) The loss of accreditation or candidacy for accreditation.

“(4) (A) An action described in this subparagraph is any of the following:

“(i) Submitting to the Secretary a recommendation that the Secretary publish a warning on the internet website of the Department described in section 3698(c)(2) of this title, or such other similar internet website of the Department, that describes how an educational institution is failing to meet a requirement under paragraph (1), (2), or (3).

“(ii) Disapproving a course for purposes of this chapter.

“(B) (i) The Secretary shall establish guidelines to ensure that the actions described in subparagraph (A) are applied in a proportional and uniform manner by State approving agencies, or the Secretary when acting in the role of the State approving agency.

“(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 Secretary, or the Secretary when acting in the role of the State approving agency, may limit an action described in subparagraph (A)(ii) to individuals not enrolled at the educational institution before the period described in such subparagraph.

“(5) (A) The Secretary may waive the requirements of paragraph (1) or waive the requirements of paragraph (2) with respect to an educational institution for a 1-academic-year period beginning in August of the year in which the waiver is made. A single educational institution may not receive waivers under this paragraph for more than 2 consecutive academic years.

“(B) To be considered for a waiver under this paragraph, an educational institution shall submit to the Secretary an application prior to the first day of the academic year for which the waiver is sought.

“(6) Not later than October 1 of each year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the following reports:

“(A) A report, which shall be made publicly available, that includes the following:

“(i) A summary of each action described in paragraph (4)(A) made during the year covered by the report, including—

“(I) the name of the educational institution;

“(II) the type of action taken;

“(III) the rationale for the action, including how the educational institution was not in compliance with this subsection;

“(IV) the length of time that the educational institution was not in such compliance; and

“(V) whether the educational institution was also not in compliance with this subsection during any of the 2 years prior to the year covered by the report.

“(ii) A summary and justifications for the waivers made under paragraph (5) during the year covered by the report, including the total number of waivers each educational institution has received.

“(B) A report containing the recommendations of the Secretary with respect to any legislative actions the Secretary determines appropriate to ensure that this subsection is carried out in a manner that is consistent with the requirements that educational institutions must meet for purposes of other departments or agencies of the Federal Government.

“(7) In this subsection, the term ‘covered individual’ means an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10.”.

(b) Application date.—The amendment made by this section shall take effect on June 15, 2021, and shall apply to an educational institution beginning on August 1, 2021, except that an educational institution may submit an application for a waiver under subsection (f)(5) of section 3679 of title 38, United States Code, as added by subsection (a), beginning on June 15, 2021.

(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”.

(a) Prohibition on substantial misrepresentation.—

(1) IN GENERAL.—Section 3696 of title 38, United States Code, is amended to read as follows:

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3696 and inserting the following new item:

“3696. Prohibition on certain advertising, sales, and enrollment practices.”.

(b) Requirements for nonaccredited courses.—Paragraph (10) of section 3676(c) of such title is amended to read as follows:

“(10) The institution, and any entity that owns the institution, 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 settlement agreement, against the school for misleading or deceptive practices;

“(B) has, if such an order has been issued, given due weight to that fact; and

“(C) has reviewed the complete record of advertising, sales, or enrollment materials (and copies thereof) used by or on behalf of the institution during the preceding 12-month period.”.

(c) Application date.—The amendments made by this section shall take effect on August 1, 2021.

(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 transfers fewer than 12 credits from a program of education that is closed or disapproved as described in subsection (b)(1) shall be deemed to be an individual who did not receive such credits, as described in subsection (b)(2), except that the period for which such individual's entitlement is not charged shall be the entire period of the individual's enrollment in the program of education. In carrying out this subparagraph, the Secretary, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education.

“(B) An individual described in this subparagraph is an individual who is enrolled in a course or program of education closed or discontinued as described in subsection (b)(1) during the period beginning on the date that is 120 days before the date of such closure or discontinuance and ending on the date of such closure or discontinuance, as the case may be.

“(C) This paragraph shall apply with respect to a course or program of education closed or discontinued before September 30, 2023.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on August 1, 2021.

(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:

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3699A the following new item:

“3699B. Treatment of certain for-profit educational institutions.”.

(c) Applicability.—Section 3699B of title 38, United States Code, as added by subsection (a), shall apply with respect to the conversion of a for-profit educational institution to a nonprofit educational institution that occurs on or after the date of the enactment of this Act.

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 education under this chapter; and

“(B) funds are still available to do so.

“(2) For purposes of paragraph (1)(A), a State approving agency shall be considered to have properly conducted its enforcement and approval of courses and programs of education under this chapter if the State approving agency has—

“(A) met fulfilled its requirements pursuant to the applicable cooperative agreements between the State approving agency and the Department relating to the oversight and approval of courses and programs of education under this chapter; and

“(B) completed a risk-based survey of any course or program of education determined to be of questionable quality or at risk by any Federal or State agency or any accrediting agency.

“(3) Outreach activities conducted under paragraph (1) shall be carried out using amounts derived from amounts not specifically appropriated to carry out this subsection.”.

(a) In general.—Section 3671 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(c) A State department or agency may not be recognized as a State approving agency designated under this section if such State department or agency is administered at or colocated with a university or university system whose courses or programs of education would be subject to approval under this chapter by the State approving agency in that State.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

(a) In general.—Section 3103 of title 38, United States Code, is amended—

(1) in subsection (a), by striking “or (e)” and inserting “(e), or (g)”; and

(2) by adding at the end the following new subsection:

“(g) Subsection (a) shall not apply to a veteran who was discharged or released from active military, naval, or air service on or after January 1, 2013.”.

(b) Conforming amendment.—Section 6(c) of the Student Veteran Coronavirus Response Act of 2020 (134 Stat. 633; Public Law 116–140) is amended by striking paragraph (1).

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 emergency” means the public health emergency declared pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency 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 programs.

(a) Authority.—If the Secretary of Veterans Affairs determines under subsection (c) that an individual is negatively affected by the COVID–19 emergency, the Secretary may provide educational assistance to that individual under the laws administered by the Secretary as if such negative effects did not occur. The authority under this section is in addition to the authority provided under section 1 of Public Law 116–128 (38 U.S.C. 3001 note prec.), but in no case may the Secretary provide more than a total of four weeks of additional educational assistance by reason of section 4 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3680 note) and this section.

(b) Housing and allowances.—In providing educational assistance to an individual pursuant to subsection (a), the Secretary may—

(1) continue to pay a monthly housing stipend under chapter 33 of title 38, United States Code, during a month the individual would have been enrolled in a program of education or training but for the COVID–19 emergency at the same rate such stipend would have been payable if the individual had not been negatively affected by the COVID–19 emergency, 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 education of an educational institution or enrolled in training at a training establishment and is pursuing such program or training using educational assistance under the laws administered by the Secretary;

(2) the educational institution or training establishment certifies to the Secretary that such program or training is truncated, delayed, relocated, canceled, partially canceled, converted 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 allowances) that would be payable to the individual but for the COVID–19 emergency.

(d) Effect on entitlement period.—If the Secretary determines 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 subsistence 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.

(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 section 3695 of title 38, United States Code, limits the receipt of educational assistance by such individual.

(b) Educational assistance described.—Subject to subsection (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 education, by reason of the COVID–19 emergency; or

(B) the disapproval of the course or a course that is a necessary part of that program under chapter 36 of title 38, United States Code, because the course was modified by reason of such emergency; and

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

(c) Housing assistance.—In this section, educational assistance 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 education 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 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, as of the date on which the course is disapproved as described in subsection (b)(1)(B).

(f) Status as full-Time student for purposes of housing stipend calculation.—In the case of an individual who, as of the first day of the COVID–19 emergency was enrolled on a full-time basis in a program of education and was receiving educational assistance under chapter 33 of title 38, United States Code, or subsistence allowance under chapter 31 of such title, and for whom the Secretary makes a determination under subsection (b), the individual shall be treated as an individual enrolled in a program of education on a full-time basis for the purpose of calculating monthly housing stipends payable under chapter 33 of title 38, United States Code, or subsistence allowance payable under chapter 31 of such title, for any month the individual is enrolled in the program of education on a part-time basis to complete any course of education that was partially or fully canceled by reason of the COVID–19 emergency.

(g) Notice of closures.—Not later than 5 business days after the date on which the Secretary receives notice that an educational institution will close or is closed by reason of the COVID–19 emergency, the Secretary shall provide to each individual who is enrolled in a course or program of education at such educational institution using entitlement to educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code, notice of—

(1) such closure and the date of such closure; and

(2) the effect of such closure on the individual’s entitlement to educational assistance pursuant to this section.

(h) Applicability.—This section shall apply with respect to the closure of an educational institution, or the cancellation or modification of a course or program of education, that occurs during the period beginning on March 1, 2020, and ending on December 21, 2021.

(a) In general.—In the case of any individual who withdraws from a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of title 38, United States Code, for a covered reason during the period beginning on March 1, 2020, and ending on December 21, 2021, the Secretary of Veterans Affairs shall find mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) of title 38, United States Code.

(b) Covered reason.—In this section, the term “covered reason” 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.

(a) Montgomery GI bill.—The subsection (i) temporarily added to section 3031 of title 38, United States Code, by subsection (a) of section 6 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140) is amended—

(1) in paragraph (1), by striking “the period the individual is so prevented from pursuing such program” and inserting “the period beginning on March 1, 2020, and ending on December 21, 2021”; and

(2) in paragraph (2), by striking “the first day after the individual is able to resume pursuit of a program of education with educational assistance under this chapter” and inserting “December 22, 2021”.

(b) Vocational rehabilitation and training.—The subsection (g) temporarily added to section 3103 of title 38, United States Code, by subsection (c) of such section 6 is amended—

(1) in paragraph (1), by striking “the period the individual is so prevented from participating such program” and inserting “the period beginning on March 1, 2020, and ending on December 21, 2021”; and

(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”.

(a) In general.—During the period described in subsection (b), subsection (e) of section 3687 of title 38, United States Code, shall be applied by substituting the following for paragraph (2):

“(2) (A) Subject to subparagraphs (B) and (C), for any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3).

“(B) In the case of an individual who is unemployed during any month, the 120-hour requirement under subparagraph (A) for that month shall be reduced proportionately to reflect the individual’s period of unemployment, except that the amount of monthly training assistance otherwise payable to the individual under subsection (b)(3) shall not be reduced.

“(C) Any period during which an individual is unemployed shall not—

“(i) be charged against any entitlement to educational assistance of the individual; or

“(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

“(D) Any amount by which the entitlement of an individual is reduced under subparagraph (A) shall not—

“(i) be charged against any entitlement to educational assistance of the individual; or

“(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

“(E) In the case of an individual who fails to complete 120 hours of training during a month, but who completed more than 120 hours of training during the preceding month, the individual may apply the number of hours in excess of 120 that the individual completed for that month to the month for which the individual failed to complete 120 hours. If the addition of such excess hours results in a total of 120 hours or more, the individual shall be treated as an individual who has completed 120 hours of training for that month. Any excess hours applied to a different month under this subparagraph may only be applied to one such month.

“(F) This paragraph applies to amounts described in section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section 16131(d)(2) of title 10.

“(G) In this paragraph:

“(i) The term ‘unemployed’ includes being furloughed or being scheduled to work zero hours.

“(ii) The term ‘fails to complete 120 hours of training’ means, with respect to an individual, that during any month, the individual completes at least one hour, but fewer than 120 hours, of training, including in a case in which the individual is unemployed for part of, but not the whole, month.”.

(b) Applicability period.—The period described in this section is the period beginning on March 1, 2020, and ending on December 21, 2021.

(a) Continuation of benefits.—Section 1 of Public Law 116–128 is amended—

(1) in subsection (a), by inserting “or a training establishment” after “an educational institution”; and

(2) in subsection (c), by adding at the end the following new paragraph:

“(4) TRAINING ESTABLISHMENT.—The term ‘training establishment’ has the meaning given such term in section 3452(e) of title 38, United States Code.”.

(b) Payment of allowances.—Section 4(a)(1) of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3680 note) is amended by inserting “or a training establishment” after “educational institution”.

(c) Prohibition of charge to entitlement.—The subparagraph (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 “educational institution”.

(d) Extension of time limitations.—

(1) MGIB.—The subsection (i) temporarily added to section 3031 of title 38, United States Code, by subsection (a) of section 6 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140), as amended by section 1105 of this title, is further amended by inserting “or training establishment” after “educational institution”.

(2) TRANSFER PERIOD.—The subparagraph (C) temporarily added to section 3319(h)(5) of such title by section 6 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140) is amended by inserting “or training establishment” after “educational institution”.

Section 4 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140) is amended—

(1) in subsection (b)—

(A) by striking “may not exceed four weeks.” and inserting “may not exceed the shorter of the following:”; and

(B) by adding at the end the following new paragraphs:

“(1) The period of time that the eligible veteran or eligible person would have been enrolled in a program of education or training but for the emergency situation.

“(2) Four weeks.”; and

(2) by adding at the end the following new subsection:

“(e) Entitlement not charged.—Any payment of allowances under this section shall not—

“(1) be charged against any entitlement to educational assistance of the eligible veteran or eligible person concerned; or

“(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.”.

Section 101(29)(A) of title 38, United States Code, is amended by striking “February 28, 1961” and inserting “November 1, 1955”.

(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 Veterans’ 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 pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, 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, physician 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 Department of Veterans Affairs pursuant to a contract entered into under subsection (a).”.

(2) PURPOSE.—The purpose of the amendment made by paragraph (1) is to expand the license portability for physicians assistants, nurse practitioners, audiologists, and psychologists to supplement the capacity of employees of the Department to provide medical examinations described in subsection (b).

(3) RULE OF CONSTRUCTION.—The amendment made by paragraph (1) shall not be construed to affect the license portability for physicians in effect under section 504(c) of such Act as in effect on the day before the date of the enactment of this Act.

(4) SUNSET.—On the date that is three years after the date of the enactment of this Act, subsection (c) of such section shall read as it read on the day before the date of the enactment of this Act.

(b) Temporary halt on elimination of medical examiner positions in Department of Veterans Affairs.—The Secretary of Veterans Affairs shall temporarily suspend the efforts of the Secretary in effect on the day before the date of the enactment of this Act to eliminate medical examiner positions in the Department 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 provision 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, efficiency, and timeliness of physician assistants, nurse practitioners, 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, audiologists, and psychologists needed for the increases described in subparagraph (A).

(C) An assessment regarding the importance of retaining a critical knowledge base within the Department for performing medical examinations for veterans filing claims for compensation under chapters 11 and 13 of title 38, United States Code, including with respect to military sexual trauma, post-traumatic stress disorder, traumatic brain injury, and toxic exposure.

(3) COLLABORATION.—The Secretary shall collaborate with the veterans community and stakeholders in the preparation of the report required by paragraph (1).

(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this subsection, the term “appropriate committees of Congress” means—

(A) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and

(B) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives.

(d) Comptroller General of the United States review.—

(1) REVIEW REQUIRED.—Not later than 360 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a review of the implementation of the pilot program authorized under subsection (a) of section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note).

(2) ELEMENTS.—The review conducted under paragraph (1) shall include the following:

(A) An assessment of the use of subsection (c) of section 504 of such Act, as amended by subsection (a)(1) of this section.

(B) Efforts to retain and recruit medical examiners as employees of the Department.

(C) Use of telehealth for medical examinations described in subsection (b) that are administered by the Department.

(e) Briefing on recommendations of Comptroller General of the United States.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a briefing on how the Secretary will implement the recommendations of the Comptroller General of the United States regarding—

(1) the monitoring of the training of providers of examinations 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 examiners accountable.—The Secretary shall take such actions as may be necessary to hold accountable the providers of medical examinations pursuant to contracts under section 504 of the Veterans’ 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.

(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 surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under section 1134a(d) of title 10.

“(B) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—

“(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 posthumous entry on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll,”.

(B) SPECIAL PROVISIONS RELATING TO MARRIAGES.—Section 103(d)(5) of such title is amended by adding at the end the following new subparagraph:

“(E) Section 1562(a)(2), relating to Medal of Honor special pension.”.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to payment of pension under section 1562 of title 38, United States Code, for months beginning after the date of the enactment of this Act.

(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:

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1922A the following new item:

“1922B. Service-disabled veterans insurance.”.

(b) Sunset of previous program and transition.—

(1) S–DVI.—Section 1922 of such title is amended by adding at the end the following new subsection:

“(d) (1) The Secretary may not accept any application by a veteran to be insured under this section after December 31, 2022.

“(2) (A) During the period beginning January 1, 2023, and ending December 31, 2025, a veteran who is insured under this section may elect to instead be insured under section 1922B of this title based on the age of the veteran at the time of such election.

“(B) (i) A veteran who elects under subparagraph (A) to be insured under section 1922B of this title shall be subject to the two-year waiting period specified in subsection (c) of such section.

“(ii) If the veteran dies during such period, the Secretary shall pay the beneficiary under this section, and, if applicable, under section 1922A, plus the amount of premiums paid by the veteran under such section 1922B, plus interest.

“(3) Except as provided by paragraph (2)(B), a veteran may not be insured under this section and section 1922B simultaneously.”.

(2) SUPPLEMENTAL S–DVI.—Section 1922A(b) of such title is amended by adding after the period at the end the following: “The Secretary may not accept any such application after December 31, 2022. Except as provided by section 1922(d)(2)(B), a veteran may not have supplemental insurance under this section and be insured under section 1922B simultaneously.”.

(c) Conforming amendments.—Chapter 19 of such title is amended—

(1) in the section heading of section 1922, by striking “Service” and inserting “Legacy service”;

(2) in the section heading of section 1922A, by striking “Supplemental” and inserting “Legacy supplemental”; and

(3) in the table of sections at the beginning of such chapter by striking the items relating to sections 1922 and 1922A and inserting the following new items:

“1922. Legacy service disabled veterans' insurance.
“1922A. Legacy supplemental service disabled veterans' insurance for totally disabled veterans.”.

Section 1980A of title 38, United States Code, is amended by adding at the end the following new subsection:

“(l) (1) If a claim for benefits under this section is denied, the Secretary concerned shall provide to the member at the same time as the member is informed of such denial a description of the following:

“(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 paragraph (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.”.

(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 subsection (d):

“(d) (1) The Secretary shall publish in a central location on the internet website of the Department—

“(A) the disability benefit questionnaire forms of the Department for the submittal of evidence from non-Department medical providers regarding a disability of a claimant, including any form or process that replaces any such disability benefit questionnaire form; and

“(B) details about the process used by the Department for submittal of evidence described in subparagraph (A).

“(2) Subject to section 6103 of this title, if the Secretary updates a form described in paragraph (1)(A), the Secretary shall—

“(A) accept the previous version of the form filed by a claimant if—

“(i) the claimant provided to the non-Department medical provider the previous version of the form before the date on which the updated version of the form was made available; and

“(ii) the claimant files the previous version of the form during the one-year period following the date the form was completed by the non-Department medical provider;

“(B) request from the claimant (or from a non-Department medical provider if the claimant has authorized the provider to share health information with the Secretary) any other information that the updated version of the form requires; and

“(C) apply the laws and regulations required to adjudicate the claim as if the claimant filed the updated version of the form.

“(3) The Secretary may waive any interagency approval process required to approve a modification to a disability benefit questionnaire form if such requirement only applies by reason of the forms being made public.”.

(b) Reports by Inspector General of the Department of Veterans Affairs.—Not less frequently than once each year through 2023, the Inspector General of the Department of Veterans Affairs shall submit to Congress a report on the findings of the Inspector General with respect to the use of the forms published under section 5101(d)(1) of such title, as added by subsection (a).

(c) Initial form.—The Secretary of Veterans Affairs shall begin carrying out section 5101(d)(1) of such title, as added by subsection (a), by publishing, as described in such section, the form described in such section that was in effect on January 1, 2020.

(d) Alternate process.—

(1) ASSESSMENT AND REPORT.—

(A) IN GENERAL.—Subject to paragraph (2), not later than 180 days after the date of the enactment of this act, the Secretary shall—

(i) assess the feasibility and advisability of replacing disability benefit questionnaire forms that are used by non-Department medical providers to submit to the Secretary evidence regarding a disability of a claimant for benefits under laws administered by the Secretary, with another consistent process that considers evidence equally, whether provided by a Department or a non-Department medical provider; and

(ii) submit to Congress—

(I) a report on the findings of the Secretary with respect to the assessment conducted under clause (i); and

(II) if the report submitted under subclause (I) of this clause includes a finding that replacing the disability benefit questionnaire forms described in clause (i) as described in such clause is feasible and advisable, a plan to replace such forms as described in such clause.

(B) COLLABORATION REQUIRED.—If, in carrying out the assessment required by clause (i) of subparagraph (A), the Secretary determines that replacing the disability benefit questionnaire forms described in such clause as described in such clause is feasible and advisable, the Secretary shall collaborate with, partner with, and consider the advice of veterans service organizations, and such other stakeholders as the Secretary considers appropriate, on the replacement forms and process for submitting such forms.

(2) REQUIREMENTS.—The Secretary may only determine under paragraph (1)(A) that replacing the forms described in such paragraph is feasible and advisable if the Secretary certifies that—

(A) it is in the best interest of veterans to do so;

(B) the replacement process would include all the medical information needed to adjudicate a claim for benefits under laws administered by the Secretary; and

(C) the new process will ensure that all medical information provided will be considered equally, whether it is provided by a Department medical provider or a non-Department medical provider.

(3) IMPLEMENTATION.—

(A) IN GENERAL.—Subject to subparagraph (B), if the Secretary determines under paragraph (1)(A) that replacing the forms as described in such paragraph is feasible and advisable, the Secretary shall, not later than two years after the date on which the Secretary submits the report under paragraph (1)(B)(i)—

(i) replace the forms as described in paragraph (1)(A);

(ii) publish such replacement pursuant to subparagraph (A) of section 5101(d)(1), as added by subsection (a)(2); and

(iii) update the details under subparagraph (B) of such section.

(B) REPORTS BY INSPECTOR GENERAL OF THE DEPARTMENT 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 thereafter 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 veterans.

(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 implemented.

(e) Rule of construction.—Nothing in this section or section 5101(d) of such title, as added by subsection (a), may be construed to require the Secretary to develop any new information technology system or otherwise require the Secretary to make any significant changes to the internet website of the Department.

(a) In general.—Chapter 53 of title 38, United States Code, is amended by adding after section 5319 the following new section:

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding after the item relating to section 5319 the following new item:

“5320.Threshold for reporting debts to consumer reporting agencies.”.

(c) Deadline.—The Secretary of Veterans Affairs shall prescribe regulations under section 5320 of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.

Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that—

(1) the recipient of an award of compensation or pension may remove any dependent from an award of compensation or pension to the individual using the eBenefits system of 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.

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”.

(a) Agreement and study.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Administrator of the Agency for Toxic Substances and Disease Registry for the Administrator to complete, not later than 10 years after the date of the enactment of this Act, a study to identify—

(1) incidents of cancer and other diseases or illnesses experienced by individuals who served in the active military, naval, or air service (as defined in section 101 of title 38, United States Code) in the covered location set forth under subsection (b) during the corresponding period set forth under such subsection; and

(2) a list of toxic substances, chemicals, ionizing radiation, and airborne hazards such individuals may have been exposed to during such service.

(b) Covered location and corresponding period.—The covered location and corresponding period set forth under this subsection are Karshi-Khanabad (K2) Air Base in Uzbekistan and the period beginning on October 1, 2001, and ending on September 30, 2005.

(c) Elements.—The study conducted under subsection (a) shall include the following:

(1) An assessment regarding the conditions of the covered location set forth under subsection (b), including an identification of toxic substances, chemicals, ionizing radiation, and airborne 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 Administrator 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 exposure described in subsection (a)(2) and the Secretary of Defense shall provide to the Secretary of Veterans Affairs such information concerning such exposure as the Secretary of Veterans Affairs considers appropriate for purposes of the study required by subsection (a), including environmental sampling data relative to any location covered by the study.

(e) Biennial updates.—No later than the date that is two years after the date of the enactment of this Act and not less frequently than once every two years thereafter until the date on which the study required by subsection (a) is completed, the Administrator shall submit to the appropriate committees of Congress 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 Congress a report on the findings of the Administrator with respect to such study.

(g) Inclusion of Uzbekistan in certain registries and programs.—Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) is amended, in the matter preceding subparagraph (A), by striking “Afghanistan or Iraq” and inserting “Afghanistan, 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.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall provide to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a briefing on preliminary observations of the Comptroller General, and not later than 240 days after the date of such briefing, provide such committees a briefing and submit to such committees a final report, on the efforts of the Secretary of Veterans Affairs to provide benefits, including compensation and health care, to veterans—

(1) who during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975; and

(2) in whom chloracne, porphyria cutanea tarda, or acute or subacute peripheral neuropathy have manifested.

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

(1) A description of how the Secretary establishes a service connection for a diseases described in paragraph (2) of subsection (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 Department of Veterans Affairs determine service connection for a disease described in subparagraph (C) or (E) of section 1116(a)(2) of title 38, United States Code, when documentation proving the presence of the disease during the manifestation period set forth in such subparagraphs for the disease is not available.

(3) A description of the expected effect of repealing the manifestation period from such subparagraphs, including the expected effect on the number of claims for benefits the Department will receive, an estimate of the cost to the Department of such repeal, and a review of the scientific evidence regarding such repeal.

(4) A review of all claims submitted to the Secretary for compensation under chapter 11 of such title that are associated with a disease described in subsection (a)(2), including the type of proof presented to establish a service connection for the manifestation of the disease based on exposure to a herbicide agent.

(5) Recommendations on how the Department can better adjudicate claims for benefits, including compensation, submitted to the Department that are associated with a disease described in paragraph (2) of subsection (a) for veterans described in paragraph (1) of such subsection.

(6) An assessment of such other areas as the Comptroller General considers appropriate to study.

(c) Administrative action.—Not later than 120 days after the date on which the Comptroller General of the United States submits the report required under subsection (a), the Secretary shall commence carrying out the recommendations submitted under subsection (b)(5) to the degree that the Secretary is authorized to carry out the recommendations by a statute that was in effect on the day before the date of the enactment of this Act.

(d) Herbicide agent defined.—In this section, the term “herbicide agent” has the meaning given such term in section 1116(a)(3) of title 38, United States Code.

Section 5317(g) of title 38, United States Code, is amended by striking “September 30, 2027” and inserting “September 30, 2030”.

Section 5503(d)(7) of title 38, United States Code, is amended by striking “September 30, 2028” and inserting “October 30, 2028”.

(a) Expansion of definition of veteran for purposes of home loans.—Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(7) The term ‘veteran’ also includes, for purposes of home loans, an individual who performed full-time National Guard duty (as that term is defined in section 101 of title 10) for a period—

“(A) of not less than 90 cumulative days; and

“(B) that includes 30 consecutive days.”.

(b) Expansion of eligibility.—Section 3702(a)(2) of such title is amended by adding at the end the following new subparagraph:

“(G) Each individual described in section 3701(b)(7) of this title.”.

(c) Retroactive applicability.—The amendments made by this section shall apply with respect to full-time National Guard duty (as defined in section 101 of title 10, United States Code) performed before, on, or after the date of the enactment of this Act.

Section 3729(b)(4) of title 38, United States Code, is amended—

(1) by amending subparagraph (D) to read as follows:

(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”.

Section 3729(b)(2) of title 38, United States Code, is amended by striking “October 1, 2029” each place it appears and inserting “October 1, 2030”.

Section 2102 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(g) (1) Whenever the Secretary finds that an overpayment has been made to, or on behalf of, a person described in paragraph (2), the Secretary shall determine—

“(A) the amounts to recover, if any; and

“(B) who is liable to the United States for such overpayment.

“(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, corporation, trust, partnership, or other person, who provided services or goods relating to assistance under this chapter.

“(D) An attorney, escrow agent, or financial institution, that receives, or holds in escrow, funds relating to assistance under this chapter.

“(E) A surviving spouse, heir, assignee, or successor in interest of or to, any person described in this paragraph.

“(3) (A) Any overpayment referred to in this subsection may be recovered in the same manner as any other debt due the United States.

“(B) In recovering the overpayment, the Secretary may charge administrative costs, fees, and interest, as appropriate, in a manner similar to the authority under section 5315 of this title.

“(4) (A) The recovery of any overpayment referred to in this subsection may be waived by the Secretary.

“(B) Waiver of any such overpayment as to a person described in paragraph (2) shall in no way release any other person described in such paragraph from liability.

“(5) The Secretary shall waive recovery under this subsection of any overpayment to a person described in paragraph (2)(A), or a dependent or survivor of such person, that arises from administrative error described in paragraph (7)(A).

“(6) Nothing in this subsection shall be construed as precluding the imposition of any civil or criminal liability under this title or any other law.

“(7) The Secretary shall prescribe in regulations what constitutes an overpayment for the purposes of this subsection, which, at a minimum, shall include—

“(A) administrative error that results in an individual receiving assistance to which that individual is not entitled;

“(B) the failure of any person described in paragraph (2) to—

“(i) perform or allow to be performed any act relating to assistance under this chapter; or

“(ii) compensate any party performing services or supplying goods relating to assistance under this chapter; and

“(C) any disbursement of funds relating to assistance under this chapter, that, in the sole discretion of the Secretary, constitutes 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 overpayment;

“(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.”.

(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’ cemetery”.

(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 beginning of chapter 23 of such title is amended by striking the item relating to section 2308 and inserting the following new item:

“2308. Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery.”.

(e) Effective date.—The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act.

(a) Funeral expenses for non-service-connected disabilities.—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 subsection (d).

(2) By striking section 2302.

(3) In section 2303—

(A) in the section heading, by striking “Death in Department facility” and inserting “Death from non-service-connected disability”; and

(B) in subsection (a)—

(i) in paragraph (1), by striking “a veteran dies in a facility described in paragraph (2)” and inserting “a veteran described in paragraph (2) dies”;

(ii) by striking paragraph (2) and inserting the following new paragraph (2):

“(2) A veteran described in this paragraph is a deceased veteran who is not covered by section 2307 of this title and who meets any of the following criteria:

“(A) The deceased veteran dies in—

“(i) a facility of the Department (as defined in section 1701(3) of this title) to which the deceased veteran was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or

“(ii) an institution at which the deceased veteran was, at the time of death, receiving—

“(I) hospital care in accordance with sections 1703A, 8111, and 8153 of this title;

“(II) nursing home care under section 1720 of this title; or

“(III) nursing home care for which payments are made under section 1741 of this title.

“(B) At the time of death, the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) is in receipt of compensation under chapter 11 of this title (or but for the receipt of retirement pay would have been entitled to such compensation) or was in receipt of pension under chapter 15 of this title.

“(C) The Secretary determines—

“(i) the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) has no next of kin or other person claiming the body of the deceased veteran; and

“(ii) that there are not available sufficient resources to cover burial and funeral expenses.”;

(iii) in subsection (b)—

(I) in the matter preceding paragraph (1), by striking “section 2302 of this title and”; and

(II) in paragraph (2), by striking “under section 2302 of this title or”; and

(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 payments 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 section 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 beginning of chapter 23 of such title is amended by striking the items relating to sections 2302 and 2303 and inserting the following new item:

“2303. Death from non-service-connected disability; plot allowance.”.

(d) Effective date.—The amendments made by this section shall apply to deaths that occur on or after the date that is two years after the date of the enactment of this Act.

(a) In general.—Section 2306(e) of title 38, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A)—

(i) by striking “shall” and inserting “may”; and

(ii) by inserting “, or in a cemetery that is the subject of a grant to a State or a tribal organization under section 2408 of this title,” after “National Cemetery Administration”; and

(B) in subparagraph (C), by striking “shall” and inserting “may”; and

(2) by striking paragraph (2) and inserting the following new paragraph (2):

“(2) (A) The use of outer burial receptacles in a cemetery under the control of the National Cemetery Administration or in a cemetery 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 regulations or procedures approved by the Secretary of Veterans Affairs.

“(B) The use of outer burial receptacles in Arlington National Cemetery shall be in accordance with regulations or procedures approved by the Secretary of the Army.

“(C) The use of outer burial receptacles in a national cemetery administered by the National Park Service shall be in accordance with regulations or procedures approved by the Secretary of the Interior.”.

(b) Effective date.—The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act.

(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 subsection (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 Secretary may, if feasible and upon request, include an inscription for the spouse or dependent child on the headstone or marker furnished for the individual under subsection (a) or (d).”.

(b) Application.—Subsection (i) of section 2306 of title 38, United States Code, as added by subsection (a), shall apply with respect to an individual who dies on or after October 1, 2019.

(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 subparagraph (A), by striking “subsection (b)” and inserting “subsections (b), (c), (d), and (g)”;

(3) by adding at the end the following new subsection:

“(g) (1) The Secretary may make a grant to a county under this section only if—

“(A) (i) the State in which the county is located does not have a veterans' cemetery owned by the State;

“(ii) the State is not in receipt of a grant under this section for the construction of a new veterans' cemetery to be owned by the State;

“(iii) the State did not apply for a grant under this section during the previous year;

“(iv) no tribal organization from the State in which the county is located has a veterans' cemetery on trust land owned by, or held in trust for, the tribal organization;

“(v) no such tribal organization is in receipt of a grant under this section for the construction of a new veterans' cemetery to be located on such land; and

“(vi) no such tribal organization applied for a grant under this section during the previous year; and

“(B) the county demonstrates in the application under subsection (a)(2), to the satisfaction of the Secretary, that the county has the resources necessary to operate and maintain the veterans’ cemetery owned by the county.

“(2) (A) If a county and the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the State.

“(B) If a county and a tribal organization from the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the tribal organization.

“(3) The Secretary shall prescribe regulations to carry out this subsection.”; and

(4) in subsection (f)—

(A) by redesignating paragraph (3) as subsection (h);

(B) by moving such subsection, as so redesignated, to the location after subsection (g), as added by paragraph (3);

(C) in subsection (h), as so redesignated and moved, by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and

(D) in the matter preceding paragraph (1), as so redesignated, by striking “this subsection” and inserting “this section”.

(b) Clerical amendments.—

(1) SECTION HEADING.—The heading of such section is amended by inserting “, counties, and tribal organizations” after “States”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 24 of such title is amended by striking the item relating to section 2408 and inserting the following new item:

“2408. Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans' cemeteries.”.

(c) Effective date.—The amendments made by this section shall take on effect on the date that is two years after the date of the enactment of this Act.

Section 2408(e)(2) of title 38, United States Code, is amended by striking “$5,000,000” and inserting “$10,000,000”.

(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 subsections (i), (j), and (k), respectively; and

(2) by inserting after subsection (g) the following new subsection (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 provide 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 cemetery, a county cemetery, or a private cemetery.

“(4) (A) Any urn or commemorative plaque furnished under this subsection shall be the personal property of the next of kin or such other individual as the Secretary considers appropriate.

“(B) The Federal Government shall not be liable for any damage to an urn or commemorative plaque furnished under this subsection that occurs after the date on which the urn or commemorative plaque is so furnished.

“(5) The Secretary shall prescribe regulations to carry out this subsection.”.

(b) Effective date.—The amendments made by this section shall take on effect on the date that is two years after the date of the enactment of this Act.

(a) In general.—Section 2408 of title 38, United States Code, as amended by sections 2205 and 2206 of this title, is further amended—

(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 subsections (d) through (i), respectively; and

(3) by inserting after subsection (b) the following new subsection (c):

“(c) (1) A grant under this section for a purpose described in subparagraph (A) or (B) of subsection (a)(1) may be used, solely or in part, for training costs, including travel expenses and up to four weeks of lodging expenses, associated with attendance by employees of a veterans' cemetery owned by a State or on trust land owned by, or held in trust for, a tribal organization at training provided by the National Cemetery Administration.

“(2) Any employee described in paragraph (1) who participates in training described in such paragraph shall fulfill a service requirement as determined by the Secretary.

“(3) The Secretary may by regulation prescribe such additional terms and conditions for grants used for training costs under this subsection as the Secretary considers appropriate.”.

(b) Reports.—

(1) IN GENERAL.—Not later than each of two years and five years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ 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 subsection (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).

Section 20006 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended—

(1) by striking “During a public health emergency” each place it appears and inserting “During the period specified in subsection (f)”;

(2) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking “during a public health emergency” and inserting “during the period specified in subsection (f)”; and

(B) in paragraph (1), by striking “an area agency on aging” and inserting “a covered provider”; and

(3) by striking subsection (e) and inserting the following new subsections:

“(e) Transfer of certain veterans to the Program.—During the period specified in subsection (f), the Secretary shall allow a veteran residing in an area covered by the Program to be transferred to the Program for the duration of such period if—

“(1) the veteran had been receiving extended care services paid for by the Department, such as adult day services or homemaker or home health aide services, immediately preceding 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)).”.

(a) In general.—Section 1730A of title 38, United States Code, is amended—

(1) in the heading, by striking “catastrophically disabled” and inserting “certain”;

(2) by inserting “(a) Prohibition.—” before “Notwithstanding”;

(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 Secretary; 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 beginning of chapter 17 of such title is amended by striking the item relating to section 1730A and inserting the following:

“1730A. Prohibition on collection of copayments from certain veterans.”.

(c) Effective date.—The amendments made by this section shall take effect on the day that is one year after the date of the enactment of this Act.

(a) Reporting.—

(1) IN GENERAL.—During a covered public health emergency, each State home shall submit weekly to the Secretary of Veterans Affairs and the National Healthcare Safety Network of the Centers for Disease Control and Prevention, through an electronic medium and in a standardized format specified by the Secretary, a report on the emergency.

(2) ELEMENTS.—Each report required by paragraph (1) for a State home shall include the following:

(A) The number of suspected and confirmed COVID–19 infections among residents and staff, including residents previously treated for COVID–19, disaggregated by—

(i) veteran, spouse of a veteran, staff, and other;

(ii) race and ethnicity;

(iii) gender; and

(iv) age.

(B) The number of total deaths and COVID–19 deaths among residents and staff, disaggregated by—

(i) veteran, spouse of a veteran, staff, and other;

(ii) race and ethnicity;

(iii) gender; and

(iv) age.

(C) An assessment of the supply of personal protective equipment and hand hygiene supplies.

(D) An assessment of ventilator capacity and supplies.

(E) The number of resident beds and the occupancy rate, disaggregated by veteran, spouse of a veteran, and other.

(F) An assessment of the access of residents to testing for COVID–19.

(G) An assessment of staffing shortages, if any.

(H) Such other information as the Secretary may specify.

(b) Publication of total infections and deaths.—

(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, and not less frequently than weekly thereafter, the Secretary shall post on a publicly available 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 “covered 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.

(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 Assistance Act (25 U.S.C. 5304))” after “(other than a possession)”.

(b) Payments to State homes.—Section 1741 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(g) In this subchapter, the term ‘State’ means each of the several States and each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).”.

(c) State home construction.—

(1) IN GENERAL.—Section 8131(2) of title 38, United States Code, is amended by inserting “includes each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) but” before “does not”.

(2) CONFORMING AMENDMENT.—Section 8132 of such title is amended by striking “several”.

(d) Additional legislative or administrative action.—

(1) CONSULTATION WITH INDIAN TRIBES.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall consult with Indian tribes to determine if any legislative or administrative action is necessary to modify the State home program to function efficiently in support of State homes operated by Indian tribes pursuant to the amendments made by this section.

(2) REPORT TO CONGRESS.—Not later than 90 days after completing consultations under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report recommending legislative action that the Secretary considers appropriate to modify the State home program described in such paragraph in light of those consultations.

(3) MODIFICATIONS.—Not later than 180 days after completing consultations under paragraph (1), the Secretary shall make any modifications to regulations implementing the State home program, for which legislative action is not necessary, as the Secretary considers appropriate in light of those consultations.

(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 Committee on Indian Affairs of the Senate; and

(B) the Committee on Veterans' Affairs and the Subcommittee 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 program” 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.

(a) Duration.—The Secretary of Veterans Affairs shall carry out the Women’s Health Transition Training program of the Department of Veterans Affairs (in this section referred to as the “Program”) 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 appropriate congressional committees a report on the Program that includes the following:

(1) The number of women members of the Armed Forces, disaggregated by military department (with respect to the Department of the Navy, disaggregated by the Navy and Marine Corps), who participated in the Program.

(2) The number of courses held under the Program.

(3) The locations at which such courses were held, the number of seats available for such courses, and the number of participants at each such location.

(4) With respect to the number of members of the Armed Forces who participated in the Program as specified under paragraph (1)—

(A) the number who enrolled in the health care system of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code; and

(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 Program.

(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 locations 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.

(a) In general.—Section 1786 of title 38, United States Code, as amended by section 9102 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, is further amended—

(1) in subsection (a)—

(A) in the matter before paragraph (1), by inserting “and transportation necessary to receive such services” after “described in subsection (b)”;

(B) in paragraph (1), by striking “or”;

(C) in paragraph (2), by striking the period at the end and inserting “; or”; and

(D) by adding at the end the following new paragraph:

“(3) another location, including a health care facility, if the veteran delivers the child before arriving at a facility described in paragraph (1) or (2).”;

(2) in subsection (b), by inserting before the period at the end the following: “, including necessary health care services provided by a facility other than the facility where the newborn child was delivered (including a specialty pediatric hospital) that accepts transfer of the newborn child and responsibility for treatment of the newborn child”; and

(3) by adding at the end the following new subsections:

“(d) Transportation.— (1) Transportation furnished under subsection (a) to, from, or between care settings to meet the needs 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 hazardous to life or health.

“(3) Amounts paid by the Department for transportation under this section shall be derived from the Medical Services appropriations account of the Department.

“(e) Reimbursement or payment for health care services or transportation.— (1) Pursuant to regulations the Secretary shall prescribe to establish rates of reimbursement and any limitations 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 contract. If such an agreement or contract exists, its negotiated payment terms shall apply.

“(2) (A) Reimbursement or payment by the Secretary under this section on behalf of an individual to a covered entity shall, unless rejected and refunded by the covered entity within 30 days of receipt, extinguish any liability on the part of the individual for the health care services or transportation covered by such payment.

“(B) Neither the absence of a contract or agreement between the Secretary and a covered entity nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the requirements of subparagraph (A).

“(3) In this subsection, the term ‘covered entity’ means any individual, transportation carrier, organization, or other entity that furnished or paid for health care services or transportation under this section.”.

(b) Treatment of certain expenses already incurred.—

(1) IN GENERAL.—Pursuant to such regulations as the Secretary of Veterans Affairs shall prescribe, with respect to transportation furnished in order for a newborn child of a veteran to receive health care services under section 1786 of title 38, United States Code, during the period specified in paragraph (2), the Secretary may—

(A) waive a debt owed by the veteran to the Department of Veterans Affairs or reimburse expenses already paid by the veteran to the Department for such transportation;

(B) reimburse the veteran for expenses already paid by the veteran to a covered entity for such transportation; or

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

(2) PERIOD SPECIFIED.—The period specified in this paragraph 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 subsection (a).

(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 requirements 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.

(a) Quarterly update.—Subsection (a)(1) of section 505 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C. 301 note) is amended by adding at the end the following new subparagraph:

“(E) Beginning with any update under paragraph (3) on or after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, the following:

“(i) For employees appointed under paragraphs (1) and (3) of section 7401 of title 38, United States Code, the number of employees for which the duration of the process from validation of vacancy to receipt of official offer and notification of actual start date exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model.

“(ii) The percentage of employees who are described in clause (i) compared to all employees appointed under paragraphs (1) and (3) of section 7401 of such title during the same period.

“(iii) The average number of days potential hires or new hires appointed under paragraphs (1) and (3) of section 7401 of such title spent in each phase of the Time to Hire Model, or successor model.”.

(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 Administration, or successor model”.

(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 medications.

(b) Covered Department medical facility.—In this section, the term “covered Department medical facility” means a medical facility of the Department of Veterans Affairs with an onsite pharmacy or a physical location dedicated for law enforcement purposes.

(c) Effective date.—This section shall take effect on January 1, 2022.

(a) Establishment.—The Secretary of Veterans Affairs shall carry out a pilot program for a one-year period, beginning not later than August 15, 2021, to provide certain students described in subsection (d) a clinical observation experience at medical centers of the Department of Veterans Affairs.

(b) Medical center selection.—The Secretary shall carry out the pilot program under this section at not fewer than five medical centers of the Department. In selecting such medical centers, 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 clinical 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 provided at a medical center have minimal overlap.

(2) SESSIONS.—The Secretary shall ensure that the pilot program consists of clinical observation sessions as follows:

(A) Each session shall allow for not fewer than five students nor greater than 15 students to participate in the session.

(B) Each session shall consist of not fewer than 20 observational hours nor greater than 40 observational hours.

(C) A majority of the observational hours shall be spent observing a health professional. The other observational 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 shortage.

(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 professional 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 participating in the pilot program;

(2) establish standardized legal, privacy, and ethical requirements for the student observers, including with respect to—

(A) ensuring that no student observer provides any care to patients while participating as an observer; and

(B) ensuring the suitability of a student to participate in the pilot program to ensure that the student poses no risk to patients;

(3) develop and implement a partnership strategy with minority-serving institutions to encourage referrals;

(4) create standardized procedures for student observers;

(5) create an online information page about the pilot program on the internet website of the Department;

(6) publish on the online information page created under paragraph (5) the locations of such centers, and other information 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 professionals participating in the pilot program; and

(8) notify the Committees on Veterans’ Affairs of the House of Representatives and the Senate of the medical centers selected under subsection (c) within 30 days of selection, to facilitate program awareness.

(f) Report.—Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives 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 undergraduate 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 students 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.

(a) Process and requirements.—

(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—

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

(i) health care from the Department of Veterans Affairs; and

(ii) health care furnished through the Veterans Community Care Program under section 1703 of title 38, United States Code, by a non-Department health care provider; and

(B) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a description of such process and requirements.

(2) ELEMENTS OF DESCRIPTION.—The description of the process and requirements for scheduling appointments for health care required to be submitted under paragraph (1)(B) shall include—

(A) information on how such process and requirements take into account the access standards established under section 1703B of title 38, United States Code; and

(B) the maximum number of days allowed to complete each step of such process.

(3) PERIODIC REVISION.—

(A) IN GENERAL.—The Secretary may revise the process and requirements required under paragraph (1) as the Secretary considers necessary.

(B) SUBMITTAL TO CONGRESS.—Not later than 30 days before revising the process and requirements under subparagraph (A), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a description of such revised process and requirements, including a description of any modifications to the certification and training under subsection (b).

(b) Certification and training on process and requirements.—

(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 requirements established under subsection (a) as part of training for the position for which the employee has been hired; and

(B) to make the certification to the Secretary required under paragraph (1).

(c) Method to monitor compliance.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish or maintain a method or tool—

(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 Department 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 Representatives 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.

(a) In general.—Not later than each of one year and two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall provide for the conduct of a facility-level audit of the scheduling of appointments and the management of consultations for health care under the laws administered by the Secretary.

(b) Application.—

(1) FIRST AUDIT.—The first audit required under subsection (a) shall apply to each medical facility of the Department of Veterans Affairs.

(2) SECOND AUDIT.—The second audit required under subsection (a) shall apply to only those medical facilities of the Department that are in need of corrective action based on the first audit, as determined by the Secretary.

(c) Elements.—Each audit conducted under subsection (a) shall include the following:

(1) With respect to each medical center of the Department covered by the audit, an assessment of any scheduling or consultation management issues at that medical center, including the following:

(A) An assessment of noncompliance with policies of the Veterans Health Administration relating to scheduling appointments and managing consultations.

(B) An assessment of the extent to which appointments or consultations are not timely processed.

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

(D) An assessment of whether consultations are appropriately processed.

(E) Data with respect to consultations as follows:

(i) Consultations that were scheduled within the request window.

(ii) Duplicate consultation requests.

(iii) Consultations that were discontinued.

(iv) Delays in consultations.

(v) Consultations that were not properly closed or discontinued, including a description of remediation attempts.

(F) A review for accuracy with respect to consultation management as follows:

(i) A review of the accuracy of the type of service, either administrative or clinical, that is inputted in the electronic health record.

(ii) A review of the accuracy of the type of consultation 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 consultations.

(2) An identification of such recommendations for corrective action as the Secretary considers necessary, including additional training, increased personnel, and other resources.

(3) A certification that the director of each medical center of the Department covered by the audit is in compliance with the process and requirements established under section 3101(a) and such other requirements relating to the scheduling of appointments and management of consultations as the Secretary considers appropriate.

(4) With respect to referrals for health care between health care providers or facilities of the Department, a measurement of, for each medical facility of the Department covered by the audit—

(A) the period of time between—

(i) the date that a clinician of the Department determines that a veteran requires care from another health care provider or facility and the date that the referral for care is sent to the other health care provider or facility;

(ii) the date that the referral for care is sent to the other health care provider or facility and the date that the other health care provider or facility accepts the referral;

(iii) the date that the other health care provider or facility accepts the referral and the date that the appointment with the other health care provider or at the other facility is made; and

(iv) the date that the appointment with the other health care provider or at the other facility is made and the date of the appointment with the other health care provider or at the other facility; and

(B) any other period of time that the Secretary determines necessary to measure.

(5) With respect to referrals for non-Department health care originating from medical facilities of the Department, a measurement of, for each such facility covered by the audit—

(A) the period of time between—

(i) the date that a clinician of the Department determines that a veteran requires care, or a veteran presents to the Department requesting care, and the date that the referral for care is sent to a non-Department 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 determines necessary to measure.

(d) Conduct of audit by third party.—Each audit conducted under subsection (a) with respect to a medical facility of the Department shall be conducted by an individual or entity that is not affiliated with the facility.

(e) Transmittal to VHA.—Each audit conducted under subsection (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 management; and

(3) develop a remediation plan to address issues uncovered by those audits.

(f) Annual report.—

(1) IN GENERAL.—Not later than December 31 of each year in which an audit is conducted under subsection (a), the 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 audit conducted during that year.

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

(A) the nationwide results of the audit conducted under subsection (a);

(B) the results of such audit with respect to each medical facility of the Department covered by such audit;

(C) an assessment of how the Department strengthened oversight of the scheduling of appointments and management of consultations at each such facility as a result of the audit;

(D) an assessment of how the audit informed the national policy of the Department with respect to the scheduling of appointments and management of consultations; and

(E) a description of any remediation plans to address issues raised by the audit that was completed.

(a) Certification of proper administration of non-Department 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 subparagraph (A) shall include, with respect to each medical facility of the Department of Veterans Affairs—

(i) an assessment of the type of positions required to be staffed at the medical facility;

(ii) the number of such positions authorized;

(iii) the number of such positions funded;

(iv) the number of such positions filled; and

(v) the number of additional such positions required to be authorized.

(2) SUBMITTAL TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives—

(A) the results of the review conducted under paragraph (1); and

(B) a certification that the Secretary has established all staffing, training, and other requirements required to be reviewed under such paragraph.

(b) Scheduling of appointments.—

(1) MEASUREMENT OF TIMELINESS FOR EACH FACILITY.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall measure, with respect to referrals for non-Department health care originating from medical facilities of the Department, for each such facility—

(A) the period of time between—

(i) the date that a clinician of the Department determines that a veteran requires care, or a veteran presents to the Department requesting care, and the date that the referral for care is sent to a non-Department 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 determines necessary to measure.

(2) SUBMISSIONS TO CONGRESS.—

(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the data measured under paragraph (1), disaggregated by medical facility.

(B) UPDATE.—Not less frequently than biweekly, the Secretary shall update the data submitted under subparagraph (A).

(c) Comptroller General report.—

(1) REVIEW.—Beginning not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall review compliance by the Secretary with the requirements of this section, including a review of the validity and reliability of data submitted by the Secretary under subsection (b)(2).

(2) REPORT.—Not later than three years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the results of the review conducted under paragraph (1).

(a) Proper grading of consultation and scheduling positions.—

(1) IN GENERAL.—The Secretary of Veterans Affairs shall conduct an examination of health care positions of the Department of Veterans Affairs to determine whether health care positions involved in the consultation and scheduling processes are appropriately graded.

(2) CONSULTATION.—In conducting the examination under paragraph (1), the Secretary shall consult with health care staffing experts in the Federal Government and the private sector.

(3) SUBMITTAL TO CONGRESS.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress the results of the examination conducted under paragraph (1).

(b) Review of onboarding process.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress—

(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.

This title may be cited as the “Navy SEAL Bill Mulder Act of 2020”.

(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:

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

“1164. Presumptions of service-connection for Coronavirus Disease 2019.”.

(a) General support.—

(1) USE OF FUNDS.—During a covered public health emergency, 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 supplies).

(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 subparagraphs (A) and (B), respectively;

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

(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.—Subsection (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 survival (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 emergency, under the program, the Secretary may provide amounts for additional transitional housing beds to facilitate access to housing and services provided to homeless veterans.

(B) NOTICE; COMPETITION; PERIOD OF PERFORMANCE.—The Secretary may provide amounts under subparagraph (A)—

(i) without notice or competition; and

(ii) for a period of performance determined by the Secretary.

(5) INSPECTIONS AND LIFE SAFETY CODE REQUIREMENTS.—

(A) IN GENERAL.—During a covered public health emergency, 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 requirement pursuant to the authority provided by subparagraph (A) with respect to a facility of a recipient of a grant or an eligible entity under the program only if the facility meets applicable local safety requirements, including fire safety requirements.

(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 providing services in accordance with the terms of the grant, the recipient shall not be subject during such emergency to any property disposition requirements relating to the grant under subsection (c) or (f) of section 61.67 of title 38, Code of Federal Regulations, section 200.311(c) of title 2, Code of Federal Regulations, or successor regulations.

(c) Inspection and Life Safety Code requirements for therapeutic housing.—

(1) IN GENERAL.—During a covered public health emergency, 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 homeless veterans authorized under such chapter; and

(3) community-based service providers for homeless veterans receiving funds from the Department through grants or contracts.

(e) Definitions.—In this section:

(1) COVERED PUBLIC HEALTH EMERGENCY.—The term “covered public health emergency” means an emergency with respect to COVID–19 declared by a Federal, State, or local authority.

(2) HOMELESS VETERAN; VETERAN.—The terms “homeless veteran” and “veteran” have the meanings given those terms in section 2002 of title 38, United States Code.

(3) TELEHEALTH.—

(A) IN GENERAL.—The term “telehealth” means the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health, and health administration.

(B) TECHNOLOGIES.—For purposes of subparagraph (A), “telecommunications technologies” include video conferencing, the internet, streaming media, and terrestrial and wireless communications.

(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:

(b) Clerical amendment.—The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 2022 the following new item:

“2022A. Legal services for homeless veterans and veterans at risk for homelessness.”.

(c) Criteria.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish and publish in the Federal Register the criteria and requirements pursuant to subsection (b)(1) of section 2022A of title 38, United States Code, as added by subsection (a).

(a) In general.—The Secretary of Veterans Affairs shall complete 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).

(a) Increase in per diem payments.—Paragraph (2) of subsection (a) of section 2012 of title 38, United States Code, is amended to read as follows:

“(2) (A) (i) Except as otherwise provided in subparagraph (B), the rate for such per diem payments shall be the daily cost of care estimated by the grant recipient or eligible entity adjusted by the Secretary under clause (ii).

“(ii) (I) The Secretary shall adjust the rate estimated by the grant recipient or eligible entity under clause (i) to exclude other sources of income described in subclause (III) that the grant recipient or eligible entity certifies to be correct.

“(II) Each grant recipient or eligible entity shall provide to the Secretary such information with respect to other sources of income as the Secretary may require to make the adjustment under subclause (I).

“(III) The other sources of income referred to in subclauses (I) and (II) are payments to the grant recipient or eligible entity for furnishing services to homeless veterans under programs other than under this subchapter, including payments and grants from other departments and agencies of the United States, from departments 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 paragraph as in effect immediately preceding the date of the enactment of the Navy SEAL Bill Mulder Act of 2020; or

“(BB) exceeds the rate that is 115 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; and