10 U.S.C. 1414(b)a new sectionchangedby H.R. 9237 Sec. 101(a)
(2) Combat-related disability retirees.—(A) In general.— A member retired under chapter 61 of this title with a combat-related disability who is entitled for any month to retired pay under chapter 61 of this title and is also entitled for that month to veterans’ disability compensation under title 38, is entitled to be paid both without regard to sections 5304 and 5305 of title 38, as provided by subparagraphs (B) and (C).(B) Career retirees.— In the case of a member retired under chapter 61 of this title who has a combat-related disability that is not a qualifying service-connected disability (as defined in subsection (a)(2)) and who, at the time of the member's retirement, had 20 years or more of service otherwise creditable under section 1405 of this title or at least 20 years of service computed under section 12732 of this title, the member may receive, without regard to sections 5304 and 5305 of title 38, both—(i) the amount of retired pay to which the member would have been entitled under any other provision of law based on the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title; and(ii) veterans’ disability compensation under title 38.(C) Disability retirees with less than 20 years of service.— In the case of a member retired under chapter 61 of this title with a combat-related disability and who, at the time of the member's retirement, had less than 20 years of service otherwise creditable under section 1405 of this title or less than 20 years of service computed under section 12732 of this title, the member may receive, without regard to sections 5304 and 5305 of title 38, the lesser of—(i) both—(I) the retired pay for which the member is eligible under chapter 61 of this title; and(II) veterans’ disability compensation under title 38; or(ii) both—(I) an amount equal to the product of the retired pay base computed under section 1406(b) or 1407 of this title and the retired pay multiplier determined under section 1409 of this title, as such base pay and multiplier would be computed if the member had 20 years of service creditable under section 1405 of this title; and(II) veterans’ disability compensation under title 38.(D) Combat-related disability defined.— In this paragraph, the term combat-related disability has the meaning given that term in subsection (e) of section 1413a of this title and as determined under the criteria and procedures used for purposes of such section.(3) Exclusion of other retirees.— Subsection (a) does not apply to a member retired under chapter 61 of this title if the member is not covered by paragraph (1) or (2).
The bill says: Section 1414(b) of title 10, United States Code, is amended by striking paragraph (2) and inserting the following new paragraphs:
Bill text
10 U.S.C. 1414(d)a new sectionchangedby H.R. 9237 Sec. 101(b)
(d) Coordination With Combat-Related Special Compensation Program.— (1) In general.—A person who is a qualified retiree under this sectionqualified retiree under subsection (a) or is entitled to a payment under subsection (b)(2) and is also an eligible combat-related disabled uniformed services retiree under section 1413a of this title may receive special compensation in accordance with that section or retired pay in accordance with this section, but not both.…
The bill says: Section 1414(d) of title 10, United States Code, is amended by striking "qualified retiree under this section" and inserting "qualified retiree under subsection (a) or is entitled to a payment under subsection (b)(2)".
Bill text
38 U.S.C. 103(d)(2)(B)changedby H.R. 9237 Sec. 102(a)
(B) (i) The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under chapter 13 or section 1781 of this title to such person as the surviving spouse of the veteran.
The bill says: by inserting "(i)" before "The remarriage";
Bill text · Current law (38 U.S.C. 103)
38 U.S.C. 103(d)(2)(B)(i)changedby H.R. 9237 Sec. 102(a)
The bill says: in clause (i), as designated by subparagraph (A), by striking "Notwithstanding the previous sentence" and inserting the following:
Bill text · Current law (38 U.S.C. 103)
38 U.S.C. 103(d)(2)(B)added (iii)by H.R. 9237 Sec. 102(a)
(iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 or 1562 of this title to the surviving spouse of a veteran.
The bill says: by adding at the end the following new clause:
Bill text · Current law (38 U.S.C. 103)
38 U.S.C. 103(d)(5)removedby H.R. 9237 Sec. 102(a)
The bill says: by striking subparagraph (A); and
Bill text · Current law (38 U.S.C. 103)
10 U.S.C. 1450(b)(2)changedby H.R. 9237 Sec. 102(b)
(2) Termination of spouse annuity upon death or remarriage before age 55.—An annuity(A) In general.— (A) Subject to subparagraph (B), an annuity for a surviving spouse or former spouse shall be paid to the surviving spouse or former spouse while the surviving spouse or former spouse is living or, if the surviving spouse or former spouse remarries before reaching age 55, until the surviving spouse or former spouse remarries.
The bill says: by striking "An annuity" and inserting the following:
Bill text · Current law (10 U.S.C. 1450)
10 U.S.C. 1450(b)(2)added (B)by H.R. 9237 Sec. 102(b)
(B) Treatment of survivors of members who die on active duty.— The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Take Care of America’s Veterans Act, the Secretary shall resume payment of the annuity to that surviving spouse—(i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or(ii) on the first day of the first month beginning after such date of enactment, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 1450)
10 U.S.C. 1072(2)(H)changedby H.R. 9237 Sec. 102(c)
(H) a person who would qualify as a dependent under clause (G) but for the fact that the date of the final decree of divorce, dissolution, or annulment of the person is on or after April 1, 1985, except that the term does not include the person after the end of the one-year period beginning on the date of that final decree; and
The bill says: in subparagraph (H), by striking "; and" and inserting a semicolon;
Bill text · Current law (10 U.S.C. 1072)
10 U.S.C. 1072(2)(I)(v)changedby H.R. 9237 Sec. 102(c)
(v) is not a dependent of a member or a former member under any other subparagraph.; and
The bill says: in subparagraph (I)(v), by striking the period at the end and inserting "; and"; and
Bill text · Current law (10 U.S.C. 1072)
10 U.S.C. 1072(2)added (J)by H.R. 9237 Sec. 102(c)
(J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 1072)
38 U.S.C. 1311(a)(2)changedby H.R. 9237 Sec. 103(a)
(2) (A) The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran's disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.
The bill says: by inserting "(A)" before "The rate"; and
Bill text · Current law (38 U.S.C. 1311)
38 U.S.C. 1311(a)(2)added (B)by H.R. 9237 Sec. 103(a)
(B) A veteran whom the Secretary determines died from amyotrophic lateral sclerosis shall be treated as a veteran described in subparagraph (A) without regard for how long the veteran had such disease prior to death.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (38 U.S.C. 1311)
38 U.S.C. 1114added (u)by H.R. 9237 Sec. 104(a)
(u) In the case of a veteran eligible for a monthly aid and attendance allowance under subsection (r) or subsection (t) of this section, the Secretary shall, in addition to the total amount of compensation for which the veteran is eligible under this section, pay the veteran a supplemental monthly allowance at the rate of $833.33.
The bill says: Section 1114 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 1114)
38 U.S.C. 3701(b)added (9)by H.R. 9237 Sec. 104(c)
(9) The term "active duty" has the meanings as follows:(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).(B) In the case of members of the reserve components of the Armed Forces—(i) service on active duty (as defined in section 101(d) of title 10), inactive-duty training (as defined in section 101(d) of title 10), or annual training duty; or(ii) service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 713 of title 14, but not including inactive duty training (as defined in section 101(d) of title 10) or annual training duty.(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard;(ii) in the National Guard when performing full-time National Guard duty (as defined in section 101 of title 32); or(iii) in the National Guard when performing active duty (as defined in section 101 of title 32).
The bill says: Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 3701)
38 U.S.C. 3701(b)added (8)by H.R. 9237 Sec. 104(c)
(8) The term "veteran" also includes, for purposes of home loans (subject to the additional loan fee in section 3729(b)(4)(J) of this title), an individual who—(A) is not otherwise eligible for the benefits of this chapter;(B) has completed a total service of at least 14 days on active duty under paragraph (B) or (C) of paragraph (9); and(C) following completion of such service, continued to serve until the completion of entry level and skill training (as defined in section 3301(3) of this title).
The bill says: Section 3701(b) of title 38, United States Code, is amended by inserting after paragraph (7) the following new paragraph:
Bill text · Current law (38 U.S.C. 3701)
38 U.S.C. 3702(a)(2)added (H)by H.R. 9237 Sec. 104(c)
(H) Each individual described in section 3701(b)(8) of this title.
The bill says: Section 3702(a)(2) of title 38, United States Code, is amended by adding at the end the following:
Bill text · Current law (38 U.S.C. 3702)
38 U.S.C. 3729(b)(4)a new sectionadded (J)by H.R. 9237 Sec. 104(c)
(J) In the case of a housing loan in which the veteran has eligibility under section 3701(b)(8) of this title and does not otherwise have eligibility, the loan fee table in paragraph (2) shall be applied to the veteran or other obligor (as applicable) by adding 1.00 to the percentage in the table.
The bill says: Section 3729(b)(4) of title 38, United States Code, is amended by adding at the end the following new subparagraph:
Bill text
38 U.S.C. 5103A(d)changedby H.R. 9237 Sec. 105(a)
The bill says: in the heading, by striking "compensation claims" and inserting "claims for benefits";
Bill text · Current law (38 U.S.C. 5103A)
38 U.S.C. 5103A(d)(2)changedby H.R. 9237 Sec. 105(a)
(2) The Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes ofprovide for a medical examination or obtain a medical opinion under paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)— (A) contains competent evidence that the claimant has a current…
The bill says: in paragraph (2), by striking "treat an examination or opinion as being necessary to make a decision on a claim for purposes of " and inserting "provide for a medical examination or obtain a medical opinion under"; and
Bill text · Current law (38 U.S.C. 5103A)
38 U.S.C. 5103A(d)added (3)by H.R. 9237 Sec. 105(a)
(3) If a veteran fails to appear for a medical examination provided by the Secretary in conjunction with a claim for a benefit under a law administered by the Secretary, the Secretary may not deny such claim on the sole basis that such veteran failed to appear for such medical examination.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 5103A)
38 U.S.C. 5109Bchangedby H.R. 9237 Sec. 105(b)
The Secretary(a) In general.—The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Veterans Benefits Administration of any claim that is returned by a higher-level adjudicator under section 5104B of this title or remanded by the Board of Veterans' Appeals.
The bill says: by striking "The Secretary" and inserting "(a) In general.—The Secretary"; and
Bill text · Current law (38 U.S.C. 5109B)
38 U.S.C. 5109Badded (b)by H.R. 9237 Sec. 105(b)
(b) Annual report.— The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, with respect to the period covered by the report—(1) the average length of time a claim (or an issue within a claim) that was remanded by the Board of Veterans’ Appeals was or has been pending before the Secretary after such remand;(2) the number of cases that advanced on the docket by reason of a motion that was filed under section 7107(b) of this title and on which the Board ruled, disaggregated by—(A) whether a motion was granted or denied; and(B) the reason provided for the motion; and(3) the number of appeals dismissed by the Board, disaggregated by—(A) whether or not the dismissal was by reason of the death of the appellant; and(B) in the case of a dismissal by reason of the death of the appellant, whether or not such death was a result of suicide.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 5109B)
38 U.S.C. 5109Badded 5109Cby H.R. 9237 Sec. 105(b)
5109C. Requirement to track and maintain information on certain claims for benefits; notice of certain assignments.—(a) In general.— The Secretary shall use technology to track and maintain information (including information with respect to timeliness) on—(1) claims for benefits under the laws administered by the Secretary (including issues within such claims) that are—(A) continuously pursued in accordance with—(i) sections 5104C(a) and 5110(a)(2) of this title; or(ii) any other policy established by the Secretary;(B) filed in the National Work Queue (or any successor system) but have not been assigned to an office of the Veterans Benefits Administration for adjudication;(C) afforded expeditious treatment by the Veterans Benefits Administration pursuant to section 5109B of this title or any other policy established by the Secretary;(D) remanded by the Board of Veterans’ Appeals to the Secretary pursuant to section 7104 of this title; or(E) pending a hearing by the Board of Veterans’ Appeals under section 7107 of this title;(2) instances in which an adjudicator of the Veterans Benefits Administration does not comply with a relevant decision of the Board of Veterans’ Appeals to remand a claim for benefits under the laws administered by the Secretary (or an issue within such a claim), including any such instance in which the relevant decision concerned a failure on the part of the agency of original jurisdiction to satisfy the duty of the Secretary to assist under section 5103A of this title;(3) supplemental claims under section 5108 of this title that are filed—(A) in accordance with section 5104C(a) and section 5110(a)(2) of this title; and(B) after the date of the applicable final decision of the Secretary with respect to a claim for benefits under the laws administered by the Secretary (or an issue within such a claim); and(4) first notices submitted to the Secretary of the death of individuals in receipt of benefits under the laws administered by the Secretary, disaggregated by such individuals who were—(A) assigned a fiduciary; and(B) not assigned a fiduciary.(b) Annual report.—(1) The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes all information maintained and tracked pursuant to subsection (a).(2) The first report required by paragraph (1) shall be submitted by not later than one year after the date of the enactment of the Take Care of America’s Veterans Act.
The bill says: Chapter 51 of title 38, United States Code, is amended by inserting after section 5109B the following new section:
Bill text · Current law (38 U.S.C. 5109B)
38 U.S.C. 7252renumberedby H.R. 9237 Sec. 105(b)
The bill says: by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and
Bill text · Current law (38 U.S.C. 7252)
38 U.S.C. 7252added (b)by H.R. 9237 Sec. 105(b)
(b)(1) In an appeal over which the Court has jurisdiction pursuant to section 7266 of this title, if the appellant files a request for class certification pursuant to the rules prescribed by the Court pursuant to section 7264 of this title, the Court shall have supplemental jurisdiction over any claim for benefits under the laws administered by the Secretary—(A) filed by a claimant who satisfies the definition of the class contained in such request (including a claimant who has filed a claim for benefits under such laws that are specified in such request); and(B) regarding which—(i) the agency of original jurisdiction has issued a nonfinal decision; and(ii) the claimant has filed a notice of disagreement under section 5104C(a) or section 7105 of this title, including any case in which a claimant has filed a supplemental claim within one year of a Board decision under section 5110(a)(2)(D) and 5108 of this title following a notice of disagreement and decision of the Board.(2) A claimant may submit a request for administrative review of such a claim under section 5104C(a) of this title during the period beginning on the date on which the named claimant of the motion for class action review submits to the Court a motion for class action review and ending on the date that is 60 days after the later of the following dates:(A) The date on which the Court issues a final decision with respect to such claim.(B) The date on which the Court issues a final decision with respect to such motion for class action review.(3) In the case of a claimant whose claim is decided by the Board during the period when the Court is reviewing the motion for class action review the deadline for such claimant to file an appeal to the Court with respect to the decision of the Board shall be tolled if the Court denies the motion for class action review.(c)(1) In the case of a claim for benefits under the laws administered by the Secretary, the Court may remand a matter to the Board of Veterans’ Appeals for the limited purpose of ordering the Board to address a question of law or fact if the Court determines the Board failed to—(A) address, in the relevant decision of the Board, an issue that—(i) the claimant or the representative of the claimant raised; or(ii) was reasonably raised by the evidentiary record of the claim; or(B) provide adequate reasons or bases for the decision of the Board with respect to such question.(2) The Court shall issue Rules that provide for each of the following:(A) When and how a party to an appeal (either the appellant or the Secretary) may request that the Court issue a limited remand.(B) The period of time within which the Board is required to issue a decision on the relevant question identified in a limited remand.(C) Guidelines for when the Court may grant a request for a limited remand.(D) Guidelines for when the Court may decide sua sponte to issue a limited remand without a request from any party.(E) A requirement that the parties to an appeal for which a limited remand is issued provide notice to the Court when the Board issues its decision on the relevant question identified in the limited remand.(3) With respect to any matter remanded to the Board pursuant to paragraph (1), the Court shall—(A) retain jurisdiction over such matter; and(B) stay the proceedings of the Court on such matter until the date on which the Board issues the decision required by such remand.
The bill says: by inserting after subsection (a) the following new subsections:
Bill text · Current law (38 U.S.C. 7252)
38 U.S.C. 7101added (f)by H.R. 9237 Sec. 105(c)
(f)(1) The Chairman shall carry out a program to ensure quality in the decisions of the Board. Under such program, the Chairman shall—(A) develop policies and procedures for—(i) measuring quality in such decisions;(ii) maintaining data and identifying trends with respect to—(I) errors in such decisions;(II) errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and(III) specific members of the Board that issued decisions that were subsequently vacated by the Court of Appeals for Veterans Claims; and(iii) ensuring any such decision of the Board to remand a claim for a benefit under a law administered by the Secretary is necessary under any applicable law or regulation;(B) with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims—(i) inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded;(ii) provide any such employee with a copy of the relevant order of the Court of Appeals for Veterans Claims (including a copy of any accompanying joint motion for remand); and(iii) provide incentives to such employees to review such relevant orders and joint motions for remand; and(C) ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error.(2) In developing policies and procedures to measure quality in decisions of the Board pursuant to clause (i) of subparagraph (A) of paragraph (1), the Chairman shall consider the data and trends maintained and identified pursuant to clause (ii) of such subparagraph.(3) The Chairman may use technology, including artificial intelligence, to maintain such data and identify such trends.(4) The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of—(A) elements, if any of the process of the Board for reviewing an appeal under this chapter that lead to errors in decisions of the Board; and(B) the most common reasons that a claim for a benefit under a law administered by the Secretary was remanded to such Board by the Court of Appeals for Veterans Claims.
The bill says: Section 7101 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 7101)
38 U.S.C. 7114added 7115by H.R. 9237 Sec. 105(c)
7115 Annual report on Board of Veterans’ Appeals.— The Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on—(1) claims with a rating decision dated on or after February 19, 2019; and(2) claims with a rating decision dated before such date.
The bill says: Chapter 71 of title 38, United States Code, is amended by inserting after section 7114 the following new section:
Bill text · Current law (38 U.S.C. 7114)
Public Law 116-315changedby H.R. 9237 Sec. 109(b)
The bill says: Paragraph (4) of subsection (a) of section 2002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 5101 note) is amended by striking "On the date that is five years after the date of the enactment of this Act" and inserting "On September 30, 2033".
Bill text
38 U.S.C. 7101(d)(2)(F)changedby H.R. 9237 Sec. 110(b)
(F) the number of employees of the Department designated under subsection (c)(1) to serve as acting members of the Board during that year and the number of cases in which each such member participated during that year; and
The bill says: in subparagraph (F), by striking "; and" and inserting a semicolon;
Bill text · Current law (38 U.S.C. 7101)
38 U.S.C. 7101(d)(2)(G)changedby H.R. 9237 Sec. 110(b)
(G) with respect to hearings scheduled under section 7107(c)(2)(C) of this title— (i) the number of hearings scheduled under such section; (ii) the number of hearings under such section that were cancelled; and (iii) any statistical difference in outcomes between cases heard under such section and those held at the principal location of the Board or by picture and voice transmission at a facility of the Department.; and
The bill says: in subparagraph (G), by striking the period at the end and inserting "; and"; and
Bill text · Current law (38 U.S.C. 7101)
38 U.S.C. 7101(d)(2)added (H)by H.R. 9237 Sec. 110(b)
(H) a summary of recurring issues that result in the Board remanding appeals back to the agency of original jurisdiction.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (38 U.S.C. 7101)
38 U.S.C. 7288(b)added (16)by H.R. 9237 Sec. 110(b)
(16) A summary of recurring issues that result in remands.
The bill says: Section 7288(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 7288)
38 U.S.C. 5103added (c)by H.R. 9237 Sec. 111(b)
(c) Written communications to individuals who have experienced military sexual trauma.—(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Benefits Administration.(ii) The military sexual trauma coordinator of the Veterans Health Administration.(iii) The Veterans Crisis Line.(iv) The facility of the Veterans Health Administration closest to where the individual resides.(v) The Readjustment Counseling Service location closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(v).(2) In this subsection:(A) The term "individual who has experienced military sexual trauma" means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term "military sexual trauma" has the meaning given that term in section 1166(d)(2) of this title.(C) The term "Veterans Crisis Line" means the toll-free hotline for veterans established under section 1720F(h) of this title.
The bill says: Section 5103 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 5103)
38 U.S.C. 5104added (e)by H.R. 9237 Sec. 111(b)
(e)(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Health Administration.(ii) The Veterans Crisis Line.(iii) The facility of the Veterans Health Administration closest to where the individual resides.(iv) The Readjustment Counseling Service location closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—(A) the contact information described in paragraph (1); and(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.(3) In this subsection:(A) The term "individual who has experienced military sexual trauma" means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term "military sexual trauma" has the meaning given that term in section 1166(d)(2) of this title.(C) The term "Veterans Crisis Line" means the toll-free hotline for veterans established under section 1720F(h) of this title.
The bill says: Section 5104 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 5104)
38 U.S.C. 5104Badded (f)by H.R. 9237 Sec. 111(b)
(f) Written communications to individuals who have experienced military sexual trauma.—(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Health Administration.(ii) The Veterans Crisis Line.(iii) The facility of the Veterans Health Administration closest to where the individual resides.(iv) The Readjustment Counseling Service location closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—(A) the contact information described in paragraph (1); and(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.(3) In this subsection:(A) The term "individual who has experienced military sexual trauma" means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term "military sexual trauma" has the meaning given that term in section 1166(d)(2) of this title.(C) The term "Veterans Crisis Line" means the toll-free hotline for veterans established under section 1720F(h) of this title.
The bill says: Section 5104B of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 5104B)
38 U.S.C. 7104added (g)by H.R. 9237 Sec. 111(b)
(g)(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma include each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Health Administration.(ii) The Veterans Crisis Line.(iii) The facility of the Veterans Health Administration closest to where the individual resides.(iv) The Readjustment Counseling Service location closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—(A) the contact information described in paragraph (1); and(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.(3) In this subsection:(A) The term "individual who has experienced military sexual trauma" means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term "military sexual trauma" has the meaning given that term in section 1166(d)(2) of this title.(C) The term "Veterans Crisis Line" means the toll-free hotline for veterans established under section 1720F(h) of this title.
The bill says: Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 7104)
Public Law 116-315(b)(1)changedby H.R. 9237 Sec. 111(d)
The bill says: in paragraph (1), by striking "through 2027" and inserting "until the date described in section 109(d)(4) of the Take Care of America’s Veterans Act"; and
Bill text
Public Law 116-315(b)(2)added (I)by H.R. 9237 Sec. 111(d)
(I) The findings of the most recent special focus review conducted under subsection (d)(1)(A) of section 109 of the Take Care of America’s Veterans Act, including—(i) the elements under subsection (d)(1)(B) of such section;(ii) the number of claims returned for reprocessing under subsection (d)(2) of such section; and(iii) the number of claims described in clause (ii) for which the decision relating to service-connection or entitlement to compensation changed as a result of reprocessing the claim.
The bill says: in paragraph (2), by adding at the end the following new subparagraph:
Bill text
38 U.S.C. 3327(f)(3)changedby H.R. 9237 Sec. 201(a)
The bill says: in paragraph (3), by striking "together" and all that follows through "before" and inserting "not later than 60 days after"; and
Bill text · Current law (38 U.S.C. 3327)
38 U.S.C. 3327(f)added (4)by H.R. 9237 Sec. 201(a)
(4) Additional assistance for an individual not eligible for a monthly housing stipend.— In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, and who is not eligible for a monthly stipend payable under section 3313(c) of this title, the educational assistance payable to the individual under this chapter shall be paid—(A) in a lump sum calculated by multiplying—(i) the total amount of contributions described in paragraph (1)(A) with regards to such individual; and(ii) the sum of the number of months described in subclauses (I) and (II) of paragraph (1)(B)(i) with regards to such individual; and(B) to the individual not later than 60 days after the exhaustion of the individual's entitlement to educational assistance under this chapter.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 3327)
38 U.S.C. 3902(a)changedby H.R. 9237 Sec. 202(a)
The bill says: by inserting "(1)" before "The Secretary"; and
Bill text · Current law (38 U.S.C. 3902)
38 U.S.C. 3902(a)added (2)by H.R. 9237 Sec. 202(a)
(2) The Secretary shall—(A) make payments under this section in compliance with regulations prescribed under section 3903(a) of title 31, except that no interest penalties shall be required to be paid under this section; and(B) in the case of any payment under this section that is not processed during the period of 30 days following receipt by the Secretary of the final invoice for such payment, the Secretary shall publish in the Federal Register the number of days required to process the payment.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 3902)
38 U.S.C. 3313(c)(1)(B)(i)changedby H.R. 9237 Sec. 203(a)
The bill says: in clause (i), by striking "and (iii)" and inserting ", (iii), and (iv)";
Bill text · Current law (38 U.S.C. 3313)
38 U.S.C. 3313(c)(1)(B)renumberedby H.R. 9237 Sec. 203(a)
The bill says: by redesignating clause (iv) as clause (v); and
Bill text · Current law (38 U.S.C. 3313)
38 U.S.C. 3313(c)(1)(B)added (iv)by H.R. 9237 Sec. 203(a)
(iv) In the case of an individual pursuing, solely through distance learning, a program of education that is shorter than 12 weeks during the summer, for each month the individual pursues the program of education, a monthly housing stipend equal to the product of—(I) the national average of the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5, multiplied by(II) the lesser of—(aa) 1.0 and(bb) the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.
The bill says: by inserting after clause (iii) the following new clause (iv):
Bill text · Current law (38 U.S.C. 3313)
38 U.S.C. 1701(6)(I)rewrittenby H.R. 9237 Sec. 204
(I) The provision of any medically necessary automobile adaptations for driver or passenger use, including—(i) ramp and kneeling systems;(ii) raised doors or lowered floors;(iii) raised roofs;(iv) air conditioning;(v) occupied and unoccupied mobility lifts;(vi) ingress or egress accessibility modifications;(vii) wheelchair tiedowns; and(viii) adapted seating.
The bill says: Section 1701(6)(I) of title 38, United States Code, is amended to read as follows:
Bill text · Current law (38 U.S.C. 1701)
38 U.S.C. 6320(b)(1)(B)changedby H.R. 9237 Sec. 205(a)
The bill says: by striking "calling" and inserting "communicating with"; and
Bill text · Current law (38 U.S.C. 6320)
38 U.S.C. 6320(b)(1)(B)changedby H.R. 9237 Sec. 205(a)
The bill says: by inserting "through the use of tailored lines of communication, including mailings, text messaging, virtual chatting, and other electronic forms of messaging" after "Armed Forces"; and
Bill text · Current law (38 U.S.C. 6320)
38 U.S.C. 6320(b)(2)changedby H.R. 9237 Sec. 205(a)
The bill says: in paragraph (2), by striking "tailored mailings" and inserting "tailored lines of communication, including mailings, text messaging, virtual chatting, and other electronic forms of messaging,".
Bill text · Current law (38 U.S.C. 6320)
38 U.S.C. 3680added (i)by H.R. 9237 Sec. 205(b)
(i)(1) The Secretary shall provide a mechanism by which an eligible veteran or eligible person may use tailored lines of communication to send and receive correspondence with the Department of Veterans related to entitlement to and use of educational assistance benefits under the laws administered by the Secretary. The Secretary shall ensure that an eligible veteran or eligible person is provided with an opportunity to opt into sending and receiving such correspondence using such lines of communication rather than by mail.(2) The Secretary shall provide to eligible veterans and eligible persons who are enrolled in a course or program of education or training notice of the opportunity to opt in to sending and receiving correspondence using tailored lines of communication pursuant to paragraph (1).(3) In this subsection, the term "tailored lines of communication" includes mailings, text messaging, virtual chatting, and other electronic forms of messaging.
The bill says: Section 3680 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 3680)
10 U.S.C. 1142(a)(1)changedby H.R. 9237 Sec. 206(a)
The bill says: Subsection (a) of section 1142 of title 10, United States Code, is amended, in paragraph (1), by inserting "(including each member of the special operations forces)" after "armed forces".
Bill text · Current law (10 U.S.C. 1142)
10 U.S.C. 1142(b)added (20)by H.R. 9237 Sec. 207(a)
(20) A presentation that promotes the benefits available to veterans under the laws administered by the Secretary of Veterans Affairs. Such presentation—(A) shall be standardized;(B) shall, before implementation, be reviewed and approved by the Secretary of Veterans Affairs and Secretary of Defense in collaboration with veterans service organizations that provide claims assistance under the benefits delivery at discharge program of the Department of Veterans Affairs;(C) shall be submitted by the Secretary of Veterans Affairs to the Committees on Veterans’ Affairs and Armed Services of the Senate and the House of Representatives for review at least 90 days before implementation;(D) where available, shall be presented with the participation of—(i) an employee or representative of the Department of Veterans Affairs assisted by a representative of a veterans service organization recognized under section 5902 of title 38; or(ii) an employee or representative of the Department of Veterans Affairs assisted by an individual recognized under section 5903 of such title and authorized by the Secretary concerned to so participate;(E) shall include information on how a veterans service organization may assist the member in filing a claim described in paragraph (19);(F) may not encourage the member to join a particular veterans service organization; and(G) may not be longer than one hour.
The bill says: Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 1142)
38 U.S.C. 3697B(a)changedby H.R. 9237 Sec. 208(a)
The bill says: by striking the second sentence;
Bill text · Current law (38 U.S.C. 3697B)
38 U.S.C. 3697B(a)changedby H.R. 9237 Sec. 208(a)
The bill says: by inserting "(1)" before "The Secretary"; and
Bill text · Current law (38 U.S.C. 3697B)
38 U.S.C. 3697B(a)added (2)by H.R. 9237 Sec. 208(a)
(2) Any individual providing services under paragraph (1) on behalf of the Department who is not an employee of the Department shall be subject to the same oversight, training, and accountability standards applicable to Department employees providing such services.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 3697B)
38 U.S.C. 3315(a)changedby H.R. 9237 Sec. 209(1)
The bill says: in subsection (a), by striking "educational assistance under this chapter" and inserting "covered assistance";
Bill text · Current law (38 U.S.C. 3315)
38 U.S.C. 3315(b)(3)changedby H.R. 9237 Sec. 209(2)
The bill says: in subsection (b)(3), by striking "under this chapter" and inserting "with respect to covered assistance";
Bill text · Current law (38 U.S.C. 3315)
38 U.S.C. 3315(c)changedby H.R. 9237 Sec. 209(3)
The bill says: in subsection (c), in the matter preceding paragraph (1), by striking "under this chapter" and inserting "with respect to covered assistance"; and
Bill text · Current law (38 U.S.C. 3315)
38 U.S.C. 3315added (d)by H.R. 9237 Sec. 209(4)
(d) Warnings.— Before providing any payment to or on behalf of an individual described in subsection (a), the Secretary shall provide notice to the individual a warning that use of entitlement under this section for a licensing or certification test may not lead to a license or certification.(e) Covered assistance defined.— In this section, the term covered assistance means educational assistance available under—(1) this chapter, chapter 30 of this title, chapter 35 of this title, or chapter 1606 of title 10; or(2) any other provision of law providing educational assistance to a veteran, or to another individual in connection with the service of a veteran in the Armed Forces.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 3315)
38 U.S.C. 3313(g)(3)(B)changedby H.R. 9237 Sec. 210(1)
The bill says: in the matter preceding clause (i), by inserting "using educational assistance under this chapter"; and
Bill text · Current law (38 U.S.C. 3313)
38 U.S.C. 3313(g)(3)(B)(i)(II)changedby H.R. 9237 Sec. 210(2)
The bill says: in clause (i)(II), by striking "80 percent" and inserting "100 percent".
Bill text · Current law (38 U.S.C. 3313)
38 U.S.C. 3699Cchangedby H.R. 9237 Sec. 211(a)
The bill says: in the section heading by striking "High technology" and inserting "High technology and emerging technology";
Bill text · Current law (38 U.S.C. 3699C)
38 U.S.C. 3699Cchangedby H.R. 9237 Sec. 211(a)
The bill says: by striking "high technology" and inserting "high technology or emerging technology" each place such term appears; and
Bill text · Current law (38 U.S.C. 3699C)
38 U.S.C. 3699C(c)(4)added (E)by H.R. 9237 Sec. 211(a)
(E) Such criteria shall also identify which technologies of critical importance, such as artificial intelligence and semiconductor manufacturing, shall be treated as emerging technologies for purposes of this section.
The bill says: in subsection (c)(4) by adding at the end the following new subparagraph:
Bill text · Current law (38 U.S.C. 3699C)
38 U.S.C. 3680Achangedby H.R. 9237 Sec. 211(a)
The bill says: Section 3680A of title 38, United States Code, is amended in subsections (a)(4)(B) and (d)(8) by striking "high technology" each place such term appears and inserting "high technology or emerging technology".
Bill text · Current law (38 U.S.C. 3680A)
38 U.S.C. 3699C(f)addedby H.R. 9237 Sec. 211(b)
The bill says: in the matter preceding paragraph (1) by inserting after "House of Representatives" the following: ", and make available to the public,"; and
Bill text · Current law (38 U.S.C. 3699C)
38 U.S.C. 3699C(f)(3)addedby H.R. 9237 Sec. 211(b)
The bill says: in paragraph (3) by adding at the end the following: "Such rate shall be calculated as a fraction, the denominator of which is the number of covered individuals who completed such a program during such year and the numerator of which is the number of individuals counted in the denominator who are employed on the date that is 180 days after the date on which the individual completed the program, and expressed as a percentage. Notwithstanding the previous sentence, the numerator shall not count a case in which the individual is employed by the same organization that was the provider of the individual’s program of education or a case in which the individual is employed, by a parent or affiliate of such organization, as an instructor for a substantially similar program of education. To the maximum extent practicable, the Secretary shall also report the rates of full-time employment, part-time employment, and self-employment."; and
Bill text · Current law (38 U.S.C. 3699C)
38 U.S.C. 3699C(g)added (3)by H.R. 9237 Sec. 211(b)
(3) The Secretary on an ongoing basis shall solicit, collect, and analyze feedback about the program from covered individuals who participate in the program and from the GI Bill School Feedback Tool. The Secretary shall use such feedback to evaluate and improve the implementation of the program.
The bill says: in subsection (g) by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 3699C)
Public Law 111-163(a)(2)added (C)by H.R. 9237 Sec. 301(1)
(C) Indian tribes.(D) Tribal organizations.(E) Native Hawaiian organizations.(F) County veterans service organizations.
The bill says: in paragraph (2), by adding at the end the following new subparagraphs:
Bill text
Public Law 111-163(a)(3)changedby H.R. 9237 Sec. 301(1)
The bill says: in paragraph (3), in the matter preceding subparagraph (A), by striking "State veterans service agency or veterans service organization awarded" and inserting "recipient of"; and
Bill text
Public Law 111-163(a)rewrittenby H.R. 9237 Sec. 301(1)
(4) Maximum amount.—(A) In general.— Except as provided in subparagraphs (B) and (C), the amount of a grant under this section may not exceed $50,000.(B) Off-road communities.— In the case of a county that has more than five communities that are off the road system, the amount of a grant awarded with respect to that county under this section may be increased by an amount not to exceed 50 percent of the amount specified in subparagraph (A).(C) Purchasing a vehicle.—(i) Amount.— The amount of a grant awarded under this section to a recipient may be increased by not more than $80,000 if the recipient is purchasing a vehicle to comply with requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) in carrying out this section.(ii) Limitations.— The Secretary may prescribe limitations on the number of vehicles purchased by each recipient under this section.
The bill says: by amending paragraph (4) to read as follows:
Bill text
Public Law 111-163removedby H.R. 9237 Sec. 301(2)
The bill says: by striking subsection (d);
Bill text
Public Law 111-163renumberedby H.R. 9237 Sec. 301(3)
The bill says: by redesignating subsections (b) and (c) as subsections (d) and (e), respectively;
Bill text
Public Law 111-163added (b)by H.R. 9237 Sec. 301(4)
(b) Additional services.—(1) Nearby rural areas.— In addition to providing innovative transportation options to veterans in highly rural areas, a recipient of a grant under this section may use amounts provided under the grant to provide innovative transportation options to veterans in nearby rural areas.(2) Priority.— A recipient of a grant under this section shall prioritize the provision of innovative transportation options to veterans in highly rural areas, and shall demonstrate to the Secretary such priority, and may only provide services under paragraph (1) to veterans in nearby rural areas if—(A) it does not impede the services provided to veterans in highly rural areas; and(B) the grantee has excess capacity and resources available to provide such services to veterans in nearby rural areas.(c) Eligibility of previous areas.— Areas eligible for assistance under the grant program under this section on the day before the date of the enactment of the Supporting Rural Veterans Access to Healthcare Services Act shall remain eligible for such assistance on and after such date of enactment.
The bill says: by inserting after subsection (a) the following new subsections:
Bill text
Public Law 111-163(e)renumberedby H.R. 9237 Sec. 301(5)
The bill says: by redesignating paragraph (2) as paragraph (5); and
Bill text
Public Law 111-163(e)changedby H.R. 9237 Sec. 301(5)
(1) Indian tribe; Tribal organization.— The terms Indian tribe and Tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(2) Native Hawaiian organization.— The term Native Hawaiian organization has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).(3) Nearby.— The term nearby, with respect to a rural area, includes rural areas adjacent to a highly rural area and rural areas geographically between the highly rural area and the nearest Department of Veterans Affairs medical center.(4) Rural; highly rural.— The terms rural and highly rural have the meanings given those terms under the Rural-Urban Commuting Areas (RUCA) coding system of the Department of Agriculture.
The bill says: by striking paragraph (1) and inserting the following:
Bill text
38 U.S.C. 1781(a)(4)addedby H.R. 9237 Sec. 302(a)
The bill says: Section 1781(a)(4) of title 38, United States Code, is amended by inserting before the comma at the end the following: ", including during the 180-day period following discharge from the program under section 1720G(a) of this title unless the designation of the individual was revoked due to fraud, abuse, mistreatment, or other misconduct".
Bill text · Current law (38 U.S.C. 1781)
38 U.S.C. 1720Gadded (e)by H.R. 9237 Sec. 302(b)
(e) Employment assistance.—(1) The Secretary shall, subject to paragraph (2), provide to an individual designated as a primary provider of personal care services under subsection (a)(7)(A) employment assistance as follows:(A) Reimbursement of fees associated with certifications or relicensure necessary for such employment.(B) For purposes of gaining credit for continuing professional education requirements, access to training modules of the Department at no cost.(C) In consultation with the Secretary of Defense and the Secretary of Labor, access to existing employment assistance resources and programs as considered appropriate.(2) An individual described in paragraph (1) shall have access to assistance described in such paragraph—(A) while participating in the program established under subsection (a)(1); and(B) during the 180-day period following the date on which the individual is no longer participating in such program unless the designation of such individual under subsection (a)(7)(A) was revoked for fraud, abuse, mistreatment, or other misconduct.(3) The maximum lifetime amount that may be reimbursed for an individual under paragraph (1)(A) is $1,000.
The bill says: Section 1720G of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 1720G)
38 U.S.C. 1701(6)(F)(i)changedby H.R. 9237 Sec. 305
The bill says: Section 1701 of title 38, United States Code, is amended, in paragraph (6)(F)(i), by inserting "(including adaptive prostheses and terminal devices for sports and other recreational activities that are determined to be clinically appropriate by the Secretary)" after "artificial limbs".
Bill text · Current law (38 U.S.C. 1701)
Public Law 116-171changedby H.R. 9237 Sec. 306(a)
The bill says: Subsection (b) of section 201 of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116–171; 38 U.S.C. 1720F note) is amended by striking the second sentence.
Bill text
38 U.S.C. 111(h)(1)changedby H.R. 9237 Sec. 309(a)
The bill says: Section 111(h)(1) of title 38, United States Code, is amended by striking "the Secretary may make payments" and inserting "beginning not later than one year after the date of the enactment of the Take Care of America’s Veterans Act, the Secretary shall make payments".
Bill text · Current law (38 U.S.C. 111)
Public Law 116-171(a)changedby H.R. 9237 Sec. 310(a)
The bill says: in subsection (a), by striking "and such other mental health conditions" and inserting "repetitive low-level blast exposure, dementia, and such other brain and mental health conditions";
Bill text
Public Law 116-171(d)(4)added (E)by H.R. 9237 Sec. 310(a)
(E) Data-sharing partnership.—(i) In general.— The Secretary shall work with the Secretary of Defense to establish a data-sharing partnership between the Department of Veterans Affairs and the Department of Defense.(ii) Storage.— The partnership established under clause (i) shall be stored in the open platform made available under this paragraph.(iii) Data.— The data supplied by the Secretary of Defense under the partnership established under clause (i) shall include relevant data throughout the Department of Defense relating to low-level repetitive blast exposure and traumatic brain injury collected by the Armed Forces and other appropriate entities, as determined jointly by the Secretary of Defense and the Secretary of Veterans Affairs.
The bill says: in subsection (d)(4), by adding at the end the following new subparagraph:
Bill text
Public Law 116-171added (f)by H.R. 9237 Sec. 310(a)
(f) Repetitive low-level blast exposure research.— In carrying out the initiative under subsection (a), the Secretary shall prioritize research—(1) to identify and validate biomarkers associated with repetitive low-level blast exposure and traumatic brain injury;(2) to evaluate clinical and non-clinical interventions that improve cognitive function, quality of life, and mental health outcomes among veterans with symptoms associated with repetitive low-level blast exposure;(3) to improve the diagnosis, treatment, and care coordination for veterans with a history of low-level repetitive blast exposure or traumatic brain injury, including veterans who performed duties or tasks associated with increased risk of low-level repetitive blast exposure; and(4) to develop evidence-based strategies to reduce suicide risk among veterans with a history of low-level repetitive blast exposure or traumatic brain injury.(g) Assistance and report by national academies of sciences, engineering, and medicine.— Not later than 180 days after the date of the enactment of the Take Care of America’s Veterans Act, the Secretary of Veterans Affairs shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall—(1) work in tandem with the initiative under subsection (a) on validation of brain and mental health biomarkers among veterans; and(2) not less frequently than once every two years, 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 work completed under paragraph (1).(h) Assessment.—(1) In general.— The Secretary of Veterans Affairs shall conduct an assessment of all translational research studies in progress and planned under the initiative under subsection (a), including research under subsection (f).(2) Report.— Not later than 60 days after completion of the assessment conducted under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the assessment.(i) Reports.—(1) In general.— Not less frequently than once every two years, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the initiative under subsection (a).(2) Recommendations.— Each report required by paragraph (1) may include recommendations for immediate administrative and legislative action to improve the initiative under subsection (a).(j) Authorization of appropriations.— There is authorized to be appropriated to the Secretary of Veterans Affairs $5,000,000 to carry out the initiative under subsection (a) for each of fiscal years 2027 through 2032.
The bill says: by adding at the end the following new subsections:
Bill text
Public Law 118-210(a)(4)(B)added (iv)by H.R. 9237 Sec. 310(b)
(iv) Military occupation data of veterans who attempt or commit suicide.
The bill says: Section 149(a)(4)(B) of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Public Law 118–210; 38 U.S.C. 1709B note) is amended by adding at the end the following:
Bill text
38 U.S.C. 8111(d)(3)changedby H.R. 9237 Sec. 312(a)
The bill says: Section 8111(d)(3) of title 38, United States Code, is amended by striking "September 30, 2026" and inserting "September 30, 2027".
Bill text · Current law (38 U.S.C. 8111)
38 U.S.C. 1709Cadded 1709Dby H.R. 9237 Sec. 316(a)
1709D. Prosthetic and Rehabilitative Items and Services Formulary.—(a) In general.— The Secretary shall establish a list of prosthetic and rehabilitative items and services, which may be referred to as the "Prosthetic and Rehabilitative Items and Services Formulary" or the "Formulary", for purposes of furnishing medical services under section 1701(6)(F) of this title pursuant to section 1710 of this title.(b) Requirements.—(1) Input.— In developing the Formulary, the Secretary shall solicit input from veterans and the public.(2) Availability of items.— The Secretary shall ensure that all items and services included in the Formulary are available at or through all facilities of the Department.(3) Items To be included.— In developing the Formulary, the Secretary shall rely on the best available evidence to identify which items and services should be included on the Formulary.(c) Publication and communication.—(1) Publication and update.— The Secretary shall publish the Formulary on a website of the Department and shall update the Formulary periodically.(2) Communication.— The Secretary shall communicate to veterans the contents of the Formulary and information about how to appeal decisions regarding the provision of items and services on the Formulary.(d) Contracts.— The Secretary shall enter into such contracts as the Secretary considers necessary to support the availability of items and services included in the Formulary.(e) Training.— The Secretary shall ensure the availability of training on the Formulary for clinicians and other staff of the Department.(f) Exceptions.—(1) In general.— The Secretary shall establish a process for clinicians of the Department to request, prescribe, and furnish prosthetic and rehabilitative items and services that are not included on the Formulary when medically necessary.(2) Monitoring of non-Formulary items and services.— The Secretary shall monitor requests and prescriptions for and the furnishing of prosthetic and rehabilitative items and services under paragraph (1)—(A) to ensure that such items and services are being consistently and appropriately prescribed at all facilities of the Department; and(B) to determine whether such items or services should be added to the Formulary.(3) Prior authorization for non-formulary procurement.— The Secretary shall establish a prior authorization process for the procurement of prosthetic and rehabilitative items that are not included on the Formulary or available through a national contract.(4) Open market procurement.— The Secretary shall ensure that procurement of items that are not included on the Formulary or available through a national contract is permitted only if a clinician determines the item is medically necessary.(g) Consideration.— In developing the Formulary, the Secretary shall consider how the approach of the Pharmacy Benefits Management Services of the Department for formulary management and medication safety can be adapted to support the efficient and effective administration of the Formulary.(h) Enterprise procurement and ordering system.—(1) In general.— The Secretary shall implement an enterprise electronic ordering system for prosthetic and rehabilitative items and services furnished under this section.(2) Systems elements.— The system required under paragraph (1) shall—(A) enable the automated ordering of items included on the Formulary;(B) provide visibility of contract pricing and availability across all facilities of the Department;(C) allow enterprise loading of nationally contracted products;(D) provide procurement analytics to monitor compliance with national contracts and reduce open market purchasing; and(E) contain all data elements required for the Federal Electronic Healthcare Record in a searchable format.(3) Implementation.— The Secretary shall ensure that the system required under paragraph (1) is implemented across all medical centers of the Department by not later than three years after the date of the enactment of this section.(i) Program management.—(1) In general.— The Secretary shall ensure that the Prosthetic and Sensory Aids Service of the Department maintains adequate staffing to administer the Formulary and associated procurement programs.(2) Staffing included.— Staffing required under paragraph (1) shall include—(A) dedicated program managers for major prosthetic product categories; and(B) full-time clinical staff responsible for clinical evaluations and practice recommendations.(j) Report to Congress.— Not later than two years after the date of the enactment of this section, and annually 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 report describing—(1) rates of compliance by the Department with national prosthetic contracts;(2) open market purchasing trends of the Department;(3) utilization of the Formulary across facilities of the Department; and(4) steps taken by the Department to improve enterprise procurement efficiency.
The bill says: Chapter 17 of title 38, United States Code, is amended by inserting after section 1709C the following new section:
Bill text · Current law (38 U.S.C. 1709C)
38 U.S.C. 1708(a)changedby H.R. 9237 Sec. 320(1)
The bill says: in subsection (a), by striking "in connection with" and all that follows through the period at the end and inserting "in accordance with this section.";
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(b)(2)changedby H.R. 9237 Sec. 320(2)
The bill says: by inserting "described in paragraph (1)" after "family of a veteran"; and
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(b)(2)changedby H.R. 9237 Sec. 320(2)
The bill says: by inserting "such" after "accompany"; and
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(b)added (3)by H.R. 9237 Sec. 320(2)
(3) On a space-available basis, a covered beneficiary who must travel a significant distance to receive care or services at a Department or non-Department facility.(4) On a space-available basis, a member of the family of a covered beneficiary described in paragraph (3) and others who accompany such a covered beneficiary who is receiving care or services and provide the equivalent of familial support for such beneficiary when the covered beneficiary or the family member is traveling to receive care or services at a Department or non-Department facility.(5) On a space-available basis, a veteran and a member of the family of a veteran and others who must travel a significant distance for a member of the veteran’s family to receive care or services at a Department or non-Department facility.(6) On a space available basis, a covered beneficiary and a member of the family of a covered beneficiary and others who must travel a significant distance for a member of the covered beneficiary’s family to receive care or services at a Department or non-Department facility.
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708removedby H.R. 9237 Sec. 320(3)
The bill says: by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively;
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(d)(2)changedby H.R. 9237 Sec. 320(4)
The bill says: in paragraph (2), by striking "subsection (d)" and inserting "subsection (c)";
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(d)(3)changedby H.R. 9237 Sec. 320(4)
The bill says: in paragraph (3), by striking "under subsection (b)(2)" and inserting "or a covered beneficiary under subsection (b)";
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(d)(4)changedby H.R. 9237 Sec. 320(4)
The bill says: in paragraph (4), by striking "and" after the semicolon;
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(d)renumberedby H.R. 9237 Sec. 320(4)
The bill says: by redesignating paragraph (5) as paragraph (6); and
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708(d)added (5)by H.R. 9237 Sec. 320(4)
(5) establishing criteria for providing access to temporary lodging facilities on a space-available basis under paragraphs (3) through (6) of subsection (b); and
The bill says: by inserting after paragraph (4) the following new paragraph (5):
Bill text · Current law (38 U.S.C. 1708)
38 U.S.C. 1708added (e)by H.R. 9237 Sec. 320(5)
(e) In this section:(1) The term "covered beneficiary" means a member of the uniformed services, including members of the armed services regardless of duty status.(2) The term "Fisher house" means a housing facility that—(A) is located at, or in proximity to, a Department medical facility;(B) is available for residential use on a temporary basis by patients of that facility and others described in subsection (b); and(C) is constructed by, and donated to the Secretary by, the Zachary and Elizabeth M. Fisher Armed Services Foundation or the Fisher House Foundation, Inc.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 1708)
Public Law 117-303(a)(1)(C)changedby H.R. 9237 Sec. 327(a)
The bill says: in subparagraph (C), by striking "; and" and inserting a semicolon; and
Bill text
Public Law 117-303(a)(1)changedby H.R. 9237 Sec. 327(a)
(D) the contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Benefits Administration and a description of the assistance such coordinator can provide;(E) the contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Health Administration and a description of the assistance such coordinator can provide;(F) the types of services that individuals who have experienced military sexual trauma are eligible to receive from the Department of Veterans Affairs, such as mental health counseling from providers trained in military sexual trauma issues and peer support services, including the nearest locations where such services are furnished, including the nearest Readjustment Counseling Service location, and the contact information for the providers of such services; and(G) such other information on services, care, or resources for military sexual trauma as the Secretary determines appropriate.
The bill says: by striking subparagraph (D) and inserting the following:
Bill text
Public Law 117-303(d)(3)(B)changedby H.R. 9237 Sec. 327(a)
The bill says: in subparagraph (B), by striking "; and" and inserting a semicolon;
Bill text
Public Law 117-303(d)(3)(C)changedby H.R. 9237 Sec. 327(a)
The bill says: in subparagraph (C), by striking the period and inserting "; and"; and
Bill text
Public Law 117-303(d)(3)added (D)by H.R. 9237 Sec. 327(a)
(D) submitting a claim for disability compensation to the Veterans Benefits Administration for a disability relating to military sexual trauma.
The bill says: by adding at the end the following:
Bill text
Public Law 117-303(d)rewrittenby H.R. 9237 Sec. 327(a)
The bill says: by amending paragraph (5) to read as follows:
Bill text
38 U.S.C. 1706added (d)by H.R. 9237 Sec. 329
(d)(1) In managing the provision of hospital care and medical services under section 1710(a) of this title, the Secretary shall furnish (through direct provision of service, referral, or a telehealth program operated by the Department) a preventative health evaluation annually to any veteran with a spinal cord injury or disorder who elects to undergo the evaluation.(2) The evaluation described in paragraph (1) shall include the following:(A) An assessment of any circumstance or condition the veteran is experiencing that indicates a risk for any health complication related to the spinal cord injury or disorder, including a risk of comorbidities.(B) An assessment regarding chronic pain and, if applicable, the management of chronic pain.(C) An assessment regarding dietary management and weight management.(D) An assessment regarding prosthetic equipment, including which prosthetic equipment the veteran needs, how well any existing prosthetic equipment is functioning considering the needs of the veteran, and any safety concerns regarding the prosthetic equipment in use by or recommended to the veteran.(E) An assessment with respect to the provision of assistive technology, including spinal cord neuromodulation technology (such as non-invasive transcutaneous spinal stimulation), that could help maximize the veteran’s voluntary motor or autonomic function, independence, or mobility, including suitability for home use and need for training, programming, and remote follow-up.(3)(A) In maintaining, prescribing, or amending any guidance, rules, or regulations issued by the Department regarding the requirements set out in this subsection, the Secretary shall consult with—(i) the spinal cord injury and disorder program managers of the Department;(ii) clinicians employed by the Department as specialists in spinal cord injuries and disorders;(iii) clinicians and technologists with demonstrated expertise in spinal cord neuromodulation therapies, including non-invasive transcutaneous approaches; and(iv) representatives of organizations recognzied under section 5902 of this title.(B) Before issuing any guidance, rules, or regulations regarding the requirements set out in this subsection, the Secretary shall consult with manufacturers of assistive technologies and other entities relevant to the provision of assistive technologies if the guidance, rules, or regulations would directly affect such manufacturers or entities.(C) The Secretary shall ensure, to the extent possible, that any veteran known by the Secretary to have a spinal cord injury or disorder receives information annually about the evaluation available under this subsection and the benefits to the veteran of choosing to undergo the evaluation.(4) As the Secretary determines clinically appropriate, the Secretary may provide training, programming, remote monitoring, and follow-up for assistive technologies through telehealth.(5) Not later than one year after the date of the enactment of the Take Care of America’s Veterans Act, and every two years thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report that includes the following:(A) For the period covered by the report—(i) the number of veterans who—(I) received medical care or hospital services from the Department and used an assistive technology;(II) received medical care or hospital services from the Department and were assessed for the provision of an assistive technology; and(III) received medical care or hospital services from the Department and were prescribed an assistive technology.(ii) for any assistive technology prescribed, an identification of the category of such technology, including spinal cord neuromodulation, and a summary of functional outcomes associated with the prescription of such technology, if available.(B) The year-to-year change (for the period covered by the report, including the two years immediately prior to year the report is submitted) in the percent of veterans with a spinal cord injury or disorder who received an evaluation under this subsection.(6) In reviewing the performance metrics of a Veterans Integrated Service Network for any year beginning after the date that is one year after the date of the enactment of the Veterans Spinal Trauma Access to New Devices Act, the Secretary shall consider the provision of evaluations under paragraph (1).(7) In this subsection, the term assistive technology means a powered medical device or electronic tool used to treat or alleviate symptoms or conditions caused by a spinal cord injury or disorder, including the following:(A) A personal mobility device, including a powered exoskeleton device.(B) A speech generating device.(C) A spinal cord neuromodulation technology, including non-invasive transcutaneous spinal stimulation using sensory (afferent) pathways, intended to improve voluntary motor function, autonomic function, independence, or quality of life.(D) Where clinically appropriate, and consistent with the prosthetic and sensory aids policies of the Department, an implantable spinal cord stimulation system that is approved by the Food and Drug Administration.
The bill says: Section 1706 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 1706)
38 U.S.C. 8106added 8107by H.R. 9237 Sec. 331(b)
8107 Access to information for medical facility construction projects and leases.—(a) In general.— For any major construction project, lease, or enhanced-use lease for a medical facility of the Department, the Secretary shall ensure that the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives are provided timely access to all information, records, documents, data, analyses, communications, contracts, agreements, project schedules, cost estimates, memoranda, briefings, reports, and other materials relating to the project or lease.(b) Prohibition on withholding information.— The Secretary may not withhold information under subsection (a) from the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives solely on the basis that the information is predecisional, deliberative, advisory, procurement-sensitive, or subject to an internal policy or directive of the Department.
The bill says: Subchapter I of chapter 81 of title 38, United States Code, is amended by inserting after section 8106 the following:
Bill text · Current law (38 U.S.C. 8106)
38 U.S.C. 309rewrittenby H.R. 9237 Sec. 402(a)
309 Under Secretary for Management and Chief Financial Officer.—(a) Under Secretary for Management and Chief Financial Officer.—(1) The Under Secretary for Management and Chief Financial Officer shall be the principal management and financial officer of the Department.(2) The Under Secretary shall report directly to the Secretary.(3) The Under Secretary shall serve as the Chief Financial Officer of the Department for purposes of chapter 9 of title 31.(4) The Under Secretary shall exercise authority, direction, and control over the Office of Budget and such other offices as may be assigned by law or by the Secretary.(b) Duties.— The duties of the Under Secretary include the following:(1) To advise the Secretary on financial management of the Department.(2) To formulate, justify, execute, oversee, and certify the budget of the Department.(3) To control, account for, audit, and report on the finances of the Department.(4) To coordinate and assist the Chief Acquisition Officer with the life cycle of major acquisition programs of the Department.(5) To exercise the authority and carry out the functions specified in section 902 of title 31.(6) To ensure compliance with sections 1341, 1342, 1349, 1350, and 1511 through 1519 of title 31.(7) To provide to Congress, or a congressional committee upon request, information regarding the budget, finances, and fiscal condition of the Department.(8) To serve as the head of the Office of Budget of the Department.(9) To establish and oversee Department-wide financial management policies, accounting systems, internal controls, enterprise risk management programs, strategic planning processes, and capital planning activities.(10) To oversee infrastructure investment planning, financial systems modernization, and business transformation initiatives of the Department.(c) Deputy Assistant Secretary.—(1) There is in the Department a Deputy Assistant Secretary for Infrastructure and Construction.(2) Such Deputy Assistant Secretary shall be a career appointee (as that term is defined in section 3132(a) of title 5) within the Senior Executive Service of the Department.(d) Office of Infrastructure and Construction.— There is an Office of Infrastructure and Construction in the Department.(e) Budget and Appropriations Affairs Office.—(1) There is within the Office of Management a Budget and Appropriations Affairs Office (in this subsection referred to as the "BAA office"). The Undersecretary shall appoint a head of the BAA Office who shall report exclusively to the Undersecretary.(2) The sole function of the BAA Office is to provide to Congress (or a congressional committee), accurate, timely, and certified information regarding the finances and budget of the Department.(3) Congress or a congressional committee may submit a request for information described in paragraph (2) directly to the BAA Office.(4) Paragraphs (2) and (3) notwithstanding, the Assistant Secretary for Congressional and Legislative Affairs may facilitate and transmit responses to requests described in paragraph (3) that are submitted to the BAA Office. Any response containing information described in paragraph (2) shall be prepared and certified by the BAA Office and may not be altered, delayed, withheld, edited, or modified by any other officer or employee of the Department prior to transmission to Congress or a congressional committee.(5) Not more than six full-time equivalent employees, including supervisors, may be assigned to the BAA Office.(f) Limitation on authority to appoint.— The Secretary may not establish an employee position—(1) that performs a function substantially similar to the function of the Budget and Appropriations Affairs Office established under section 309(e); and(2) that is not within the Office of Management.(g) Transfer of functions.—(1) All functions, powers, duties, authorities, responsibilities, personnel, property, records, contracts, delegations, directives, regulations, administrative actions, and unobligated balances of appropriations relating to the Chief Financial Officer of the Department immediately before the effective date of this Act are transferred to the Under Secretary for Management and Chief Financial Officer.(2) Any delegation, determination, rule, regulation, order, permit, contract, agreement, certification, or other administrative action in effect immediately before the effective date of this Act shall continue in effect according to its terms until modified, superseded, terminated, or revoked.(g) References.— Any reference in any law, regulation, rule, directive, delegation, contract, agreement, determination, record, or other official document of the United States to the Chief Financial Officer of the Department shall be deemed to refer to the Under Secretary for Management and Chief Financial Officer.
The bill says: Section 309 of title 38, United States Code, is amended to read as follows:
Bill text · Current law (38 U.S.C. 309)
38 U.S.C. 7315(a)changedby H.R. 9237 Sec. 406(1)
The bill says: in the second sentence, by striking "and at least one representative of a national veterans service organization" and inserting ", at least one individual who represents a national veterans service organization, at least one individual who has served veterans or families of veterans in a State home, and at least one individual who holds a professional license in nursing home administration"; and
Bill text · Current law (38 U.S.C. 7315)
Public Law 116-315rewrittenby H.R. 9237 Sec. 407(a)
(d) Electronic process.—(1) The Secretary shall implement an electronic process through which a scheduler of the Department, using an information technology system, may schedule an appointment for health care furnished by the Department or through the Veterans Community Care Program, under section 1703 of this title, by a non-Department health care provider.(2) The electronic process under this subsection shall allow a scheduler, with regards to appointments described in—(A) either clause of subparagraph (A) of subsection (a)(1), to view, search, and sort such appointments by type of care, location, and date; and(B) clause (ii) of such subparagraph—(i) to schedule such an appointment;(ii) to provide referral and authorization documents directly to a non-Department provider; and(iii) to perform any other function the Secretary determines necessary.(3) The Secretary shall ensure that the electronic process allows a scheduler to schedule an appointment for health care furnished by the Secretary through a health care provider of the Department.(4) The Secretary shall implement the electronic process through an existing agreement if practicable.(5) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the following regarding the electronic process:(A) Not later than 90 days after the Secretary makes a determination under subparagraph (B)(iii) of paragraph (2), a briefing regarding the functions the Secretary has determined necessary.(B) Not later than six months after the date of the enactment of Take Care of America’s Veterans Act, and semiannually thereafter during the following three years, a report regarding operation of the electronic process during both the semiannual period preceding the date of the report and the cumulative period since the date of the enactment of such Act. Such a report shall include the following for each such period:(i) The number of non-Department health care providers that participated in such electronic process, disaggregated by—(I) category of hospital care or medical services provided; and(II) medical center of the Department;(ii) The number of appointments scheduled pursuant to the electronic process, disaggregated by—(I) category of hospital care or medical services provided;(II) medical center of the Department; and(III) month.(iii) A comparison of the average wait time for appointments scheduled through the electronic process and through non-electronic methods, disaggregated by medical center of the Department.(iv) The rates at which veterans cancelled appointments scheduled through the electronic process.(v) The rates at which veterans did not appear for appointments scheduled through the electronic process.
The bill says: Subsection (d) of section 3101 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 1701 note) is amended to read as follows:
Bill text
38 U.S.C. 2306(b)(2)changedby H.R. 9237 Sec. 501
The bill says: Section 2306(b)(2) of title 38, United States Code, is amended in subparagraphs (B) and (C) by striking "who dies on or after November 11, 1998," each place it appears.
Bill text · Current law (38 U.S.C. 2306)
38 U.S.C. 2306(h)rewrittenby H.R. 9237 Sec. 502(a)
(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 headstone or marker under this section, or any interment benefit under section 2402 of this title, unless—(A) in the case of a request for a headstone or marker under this section—(i) such request is made at the same time as a request for placement of a headstone or marker for another individual who is eligible to have such a headstone or marker placed in a national cemetery, a veterans’ cemetery in receipt of a grant made under section 2408 of this title, or a post cemetery; and(ii) the Secretary furnishes one headstone or marker inscribed for both individuals; or(B) in the case of a request for interment, the individual is interred at the same time and in the same gravesite as the interment of another individual eligible for interment in a national cemetery under section 2402(a) of this title.
The bill says: Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows:
Bill text · Current law (38 U.S.C. 2306)
38 U.S.C. 1703Bchangedby H.R. 9237 Sec. 601(a)
(a) Access standards for community care.—(1) For purposes of section 1703(d)(1)(D) of this title, the eligibility access standards for hospital care, medical services, or non-institutional extended care services, are as follows:(A) With respect to primary care, mental health care, or non-institutional extended care services, the Secretary must schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service—(i) within 30 minutes average driving time from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and(ii) within 20 days of either the date of request for such an appointment or a later date agreed to by the veteran in consultation with a health care provider of the veteran.(B) With respect to specialty care, the Secretary must schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service—(i) within 60 minutes average driving time from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and(ii) within 28 days of either the date of request for such an appointment or a later date agreed to by the veteran in consultation with a health care provider of the veteran.(C) With respect to a covered treatment program, the Secretary must—(i) provide to a covered veteran a screening not later than 48 hours after the date on which the veteran, or a relevant health care provider, makes a documented request for the veteran to be admitted to a covered treatment program; and(ii) if the veteran is determined eligible for priority admission to a covered treatment program—(I) admit the veteran to a covered treatment program not later than 48 hours after the date of such determination or give the veteran the option of seeking care at a non-Department facility pursuant to section 1792(e) of this title; or(II) give the veteran the option of seeking care at a non-Department facility pursuant to section 1792(e) of this title.(2) For the purposes of determining the ability of the Secretary to schedule an appointment for a covered veteran with a health care provider of the Department under paragraph (1), the Secretary shall not take into consideration the availability of telehealth appointments from the Department.(3) In the case of a covered veteran who has had an appointment with a health care provider of the Department canceled by the Department for a reason other than either the request of the veteran or the failure of the veteran to appear as scheduled, in calculating a wait time for a subsequent appointment under the eligibility access standards established under paragraph (1), the Secretary shall calculate such wait time from the date of the request for the original, canceled appointment.(4) If a veteran agrees to a longer average drive time or a later date under paragraph (1), the Secretary shall document the agreement to such longer average drive time or later date in the electronic health record of the veteran and provide the veteran a copy of such documentation. Such copy may be provided electronically.(5) Paragraph (1)(C) shall not be construed to affect a covered veteran in a covered treatment program pursuant to a determination made on or before the date of the enactment of the Take Care of America’s Veterans Act.(6)(A) Subject to the provisions of this paragraph, subparagraphs (A) and (B) of paragraph (1) shall terminate on the date that is eight years after the date of the enactment of the Take Care of America’s Veterans Act.(B) Not later than seven years after the date of the enactment of the Take Care of America’s Veterans 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 containing—(i) an assessment of the effects of the codification of eligibility access standards for primary care, mental health care, non-institutional extended care services, and specialty care under this subsection on the management and oversight of the Veterans Community Care Program under section 1703 of this title; and(ii) the recommendation of the Secretary for continued codification of such standards along with a justification for such recommendation.(C) On and after the date that is eight years after the date of the enactment of the Take Care of America’s Veterans Act, the Secretary may not establish access standards for care and services described in subparagraph (A) or (B) of paragraph (1) that are different from the standards set forth in those subparagraphs unless, not later than 180 days before establishing such different standards—(i) the Secretary submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notification of the intent of the Secretary to establish such different standards, including a description of the changes the Secretary intends to make and the justification for such changes; and(ii) a joint resolution of approval is enacted that approves such different standards.(D) For purposes of this subsection, the term joint resolution of approval means only a joint resolution the matter after the resolving clause of which is as follows: "That Congress approves the access standards established by the Secretary submitted on __ relating to __.", with the first blank space filled by the appropriate date and the second blank space filled with a description of the access standards.(E) A joint resolution of approval shall be considered under the expedited procedures outlined in section 802 of title 5 to the same extent as a joint resolution described in subsection (a) of that section is considered.(b) Application.— The Secretary shall ensure that the eligibil
The bill says: by striking subsections (a) through (e) and inserting the following:
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703Bremovedby H.R. 9237 Sec. 601(a)
The bill says: by striking subsection (g);
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703Brenumberedby H.R. 9237 Sec. 601(a)
The bill says: by redesignating subsections (f), (h), and (i) as subsections (d), (e), and (f), respectively;
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(d)changedby H.R. 9237 Sec. 601(a)
The bill says: by striking "established" each place it appears; and
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(d)(1)changedby H.R. 9237 Sec. 601(a)
The bill says: in paragraph (1), by striking "(1) Subject to" and inserting "Compliance by Community Care Providers With Access Standards.—(1) Subject to";
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(e)(1)changedby H.R. 9237 Sec. 601(a)
The bill says: by striking "(1) Consistent with" and inserting "Determination Regarding Eligibility.—(1) Consistent with"; and
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(e)(1)changedby H.R. 9237 Sec. 601(a)
The bill says: by striking "designated access standards established under this section" and inserting "eligibility access standards under subsection (a)"; and
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(e)(2)(B)changedby H.R. 9237 Sec. 601(a)
The bill says: in paragraph (2)(B), by striking "designated access standards established under this section" and inserting "eligibility access standards under subsection (a)"; and
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(f)changedby H.R. 9237 Sec. 601(a)
The bill says: in the matter preceding paragraph (1), by striking "In this section" and inserting "Definitions.—In this section"; and
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(f)(2)changedby H.R. 9237 Sec. 601(a)
The bill says: by striking "covered veterans" and inserting "covered veteran";
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(f)(2)changedby H.R. 9237 Sec. 601(a)
The bill says: by striking "veterans described" and inserting "a veteran described";
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(f)(2)renumberedby H.R. 9237 Sec. 601(a)
The bill says: by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703B(f)(2)added (3)by H.R. 9237 Sec. 601(a)
(3) The term covered treatment program has the meaning given such term in section 1791 of this title.
The bill says: by inserting after paragraph (2) the following new paragraph (3):
Bill text · Current law (38 U.S.C. 1703B)
38 U.S.C. 1703(a)added (5)by H.R. 9237 Sec. 602(a)
(5)(A)(i) Except as provided in clause (iii), the Secretary shall notify each covered veteran in writing of the eligibility of such veteran for care or services under this section as soon as possible but not later than five days after the date on which the Secretary is aware that the veteran is seeking care or services and is eligible for such care or services under this section.(ii) The Secretary is required to notify a covered veteran under clause (i) only at the start of an episode of care for such veteran.(iii) The Secretary shall allow a covered veteran to opt out of receiving notification under clause (i).(B) With respect to each covered veteran eligible for care or services under subsection (d), and consistent with subparagraph (A), the Secretary shall provide such veteran periodic reminders, as applicable and as the Secretary determines appropriate, of their ongoing eligibility under such subsection.(C) Any notification or reminder under this paragraph may be provided electronically.(6)(A) If a request by a veteran for the Secretary to authorize care or services under this section is denied, except as provided in subparagraph (C), the Secretary shall notify the veteran in writing as soon as possible but not later than five days after the denial is made—(i) of the reason for the denial; and(ii) with instructions on how to appeal such denial using the clinical appeals process of the Veterans Health Administration.(B) If a denial under subparagraph (A) is due to the Secretary meeting the eligibility access standards under section 1703B(a) of this title, notice under such subparagraph shall include an explanation of how the Secretary met such standards.(C) The Secretary shall allow a covered veteran to opt out of receiving notification under subparagraph (A).(D) Any notification under this paragraph may be provided electronically.
The bill says: Section 1703(a) of title 38, United States Code, is amended by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703(d)(2)added (F)by H.R. 9237 Sec. 603(1)
(F) The potential for improved continuity of care, including if a veteran has an established relationship with a non-Department provider and the likelihood of the covered veteran to seek and complete recommended care, including if the veteran would abstain from seeking such care if required to seek such care at a facility of the Department.(G) Whether the covered veteran needs an attendant to provide required aid or assistance to the veteran, including for the veteran to travel to a facility of the Department.
The bill says: in paragraph (2), by adding at the end the following new subparagraphs:
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703(d)added (5)by H.R. 9237 Sec. 603(2)
(5) The Secretary shall ensure that consideration of the factors specified in paragraph (2) includes consideration of all relevant factors, is driven by clinical need, and that no single factor is required to be determinative when considering the best medical interest of a covered veteran.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703renumberedby H.R. 9237 Sec. 604(1)
The bill says: by redesignating subsection (q) as subsection (r); and
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703added (q)by H.R. 9237 Sec. 604(2)
(q) Discussion of options for telehealth.—(1) When discussing options for care or services for a covered veteran under this section, the Secretary shall ensure that the veteran is informed of the ability of the veteran to seek care or services via telehealth, either through a medical facility of the Department or through a non-Department provider, if—(A) telehealth is—(i) available to the veteran;(ii) appropriate for the type of care or services the veteran is seeking, as determined by the Secretary; and(iii) is acceptable to the veteran; or(B) the care or services the veteran is seeking is only or primarily available through telehealth.(2) Nothing in paragraph (1) shall be construed to prohibit a health care provider specified in subsection (c) from furnishing hospital care, medical services, or extended care services under this section via telehealth.
The bill says: by inserting after subsection (p) the following new subsection (q):
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703D(a)(2)changedby H.R. 9237 Sec. 605(1)
The bill says: in subsection (a)(2), by striking "the reason for denying the claim and what, if any, additional information is required to process the claim" and inserting "the reason for denying the claim and request additional missing information, if any, that is required to process the claim";
Bill text · Current law (38 U.S.C. 1703D)
38 U.S.C. 1703Drewrittenby H.R. 9237 Sec. 605(2)
(b) Submittal of claims by health care entities and providers.—(1) A health care entity or provider that furnishes hospital care, a medical service, or an extended care services under this chapter pursuant to a contract, agreement, or other arrangement shall submit to the Secretary a claim for payment for furnishing the hospital care, medical service, or extended care service not later than one year after the date on which the entity or provider furnished the hospital care, medical service, or extended care service.(2) No health care entity or provider may seek payment from a patient if the health care entity or provider failed to comply with the timely filing requirement set forth in paragraph (1).
The bill says: by amending subsection (b) to read as follows:
Bill text · Current law (38 U.S.C. 1703D)
38 U.S.C. 1703D(c)added (3)by H.R. 9237 Sec. 605(3)
(3)(A) If the Secretary determines, based on reliable evidence, that a health care entity or provider has submitted or caused to be submitted a fraudulent claim for payment under this chapter, the Secretary may suspend such entity or provider from furnishing hospital care, medical services, or extended care services under this chapter.(B) Before imposing a suspension under subparagraph (A) with respect to an entity or provider, the Secretary shall—(i) provide written notice to the entity or provider identifying the basis for the proposed suspension;(ii) afford the entity or provider an opportunity to respond within a period of 30 days; and(iii) consider any evidence or explanation submitted by the entity or provider.(C)(i) The Secretary shall take all necessary actions to resolve a suspension under subparagraph (A) as soon as possible but not longer than within one year of the date of the beginning of the suspension, unless the Secretary determines and provides a written determination that an extension beyond one year is strictly necessary to protect the interests of veterans and taxpayers and to preserve the integrity of the health care delivery system of the Department.(ii) Any extension under clause (i) of a suspension shall—(I) be for an additional period of not longer than one year; and(II) shall be reported to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives.(D) The Secretary shall establish procedures for reinstatement of an entity or provider suspended under subparagraph (A) following the resolution of any fraud-related investigation or proceeding.(E) The Secretary shall coordinate actions under this paragraph with the Office of Inspector General of the Department.(F) The Secretary shall prescribe regulations to carry out this paragraph, including standards of evidence, notice, and appeal procedures.(G)(i) Not less frequently than quarterly, 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 written notification of the suspensions entered into, if any, during the preceding quarter that includes—(I) the identity of the suspended entity or provider;(II) the statutory or regulatory basis for the suspension;(III) a summary of the factual findings or evidence supporting the action; and(IV) the status of any related investigation of or referral to the Office of Inspector General of the Department or any other appropriate Federal agency.(ii) The Secretary shall provide to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, upon request, all records, memoranda, and communications relevant to any suspension or reinstatement action taken under this paragraph, in accordance with applicable laws related to privacy, ongoing investigations, or sensitive law enforcement information.(iii) Failure by the Secretary to provide notice under clause (i) shall be treated as a failure to comply with a statutory reporting requirement.
The bill says: in subsection (c), by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 1703D)
38 U.S.C. 1703(h)(3)rewrittenby H.R. 9237 Sec. 609(1)
(A) The Secretary may terminate a contract with an entity entered into under paragraph (1) at such time and upon such notice to the entity as the Secretary may specify for purposes of this section, if the Secretary notifies the appropriate committees of Congress that, at a minimum—(i) the entity failed to comply substantially with the provisions of the contract or with the provisions of this section and the regulations prescribed under this section, including with respect to access, quality, training, and medical documentation;(ii) it is reasonable to terminate the contract based on the health care needs of veterans; or(iii) it is reasonable to terminate the contract based on coverage provided by contracts or sharing agreements entered into under authorities other than this section.
The bill says: by amending subparagraph (A) to read as follows:
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703(h)(3)renumberedby H.R. 9237 Sec. 609(1)
The bill says: by redesignating subparagraph (B) as subparagraph (D);
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703(h)(3)added (B)by H.R. 9237 Sec. 609(1)
(B)(i) The Secretary shall terminate a contract with an entity entered into under paragraph (1) at such a time and upon such notice to the entity as the Secretary may specify for the purposes of this section, if the entity—(I) is excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a–7 and 1320a–7a);(II) has been convicted of a felony or other serious offense under Federal or State law and the continued participation of the entity would be detrimental to the best interests of veterans or the Department; or(III) is identified as an excluded source on the list maintained in the System for Award Management, or any successor system.(ii) The Secretary may issue a waiver for entities subject to clause (i) for a one-year period, and such a waiver shall be reported to Congress not later than 30 days after such waiver is issued.(C) Any entities ineligible to enter into contracts with the Department due to one or more reasons specified in this paragraph may be listed on a publicly available website of the Department or appropriate third party administrator.
The bill says: by inserting after subparagraph (A) the following new subparagraphs:
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703(h)(3)(D)changedby H.R. 9237 Sec. 609(1)
The bill says: in subparagraph (D), as redesignated by subparagraph (B) of this paragraph, by striking "in subparagraph (A)" and inserting "in this paragraph"; and
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 1703(h)added (7)by H.R. 9237 Sec. 609(2)
(7) Any contract or agreement between the Department and a third party administrator or between a third party administrator and a health care provider specified in subsection (c) that is made with respect to care or services provided under this section shall include—(A) notice of obligations to comply with Federal laws and the consequences for failure to comply with those laws, including specific information regarding claims for payment and consequences for any false claims, statements, or documents, or concealment of a material fact;(B) confirmation by the health care provider that they are accredited to provide any specialized services subject to the contract or agreement and that they will only use qualified staff to provide those services; and(C) confirmation that the health care provider will identify any individuals providing specialized services or treatments included in the contract or agreement and provide proof of the licensure of those individuals to the Department.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 1703)
38 U.S.C. 7401(1)changedby H.R. 9237 Sec. 631(a)
The bill says: in paragraph (1), by inserting "psychologists," after "chiropractors,"; and
Bill text · Current law (38 U.S.C. 7401)
38 U.S.C. 7401(3)changedby H.R. 9237 Sec. 631(a)
The bill says: in paragraph (3), by striking "psychologists,".
Bill text · Current law (38 U.S.C. 7401)
38 U.S.C. 7409(a)changedby H.R. 9237 Sec. 631(b)
The bill says: Section 7409(a) of title 38, United States Code, is amended by inserting "psychologists," after "chiropractors,".
Bill text · Current law (38 U.S.C. 7409)
38 U.S.C. 701added 702by H.R. 9237 Sec. 634(a)
702 Hiring processes.—(a) Standardized approval process for filling vacant positions.—(1) Process required.—(A) In general.— The Secretary shall establish a standardized, nationwide approval process for filling vacant employment positions within the Department.(B) Variability.— The process required by subparagraph (A) may be different for each type of employment position in the Department.(C) Approval windows.— The process required by subparagraph (A) shall include a standardized approval window for each approval step.(2) Delegation.— If the approval authority for a step in the hiring process established under paragraph (1) is vacant, on leave, or otherwise unable to respond to requests for approval in an appropriate timeframe, such authority for approval shall be delegated to the extent practicable to the supervisor of such approval authority or such other designee as may be specified in the chain of command.(3) Time to fill goal.— Each window of time allotted for each approval step under paragraph (1)(C) when added together shall not exceed the goal of the Department to fill window for that employment position.(b) Process for tentative offers of employment.— The Secretary shall develop a standardized process for issuing tentative offers of employment with the Department and such process shall require that each such offer includes a specified rate of basic pay when possible and practicable.(c) Third-party contracts.— The Secretary may conduct laboratory testing, background clearances, and other candidate approval and vetting procedures through a contract with a third party if the Secretary determines that the contract would ensure equal or better quality or timeliness.(d) Electronic signatures.—(1) Authority.— The Secretary shall allow electronic signatures on any hiring, recruitment, retention, or other employment documents once a standardized process for such signatures is developed and implemented under paragraph (2).(2) Standardized process.— The Secretary shall develop a standardized process for use of electronic signatures as described in paragraph (1), which shall include exceptions and limitations as the Secretary considers appropriate and that allows for use of electronic signatures for employment documents, including SF 1152 and related successor forms, SF 2823 and related successor forms, and SF 3102–FERS and related successor forms.(e) Employee community building program.— The Secretary shall, to the extent practicable, establish an employee community building program that connects employees in similar positions, offices, and programs to connect with each other nationwide.
The bill says: Subchapter I of chapter 7 of title 38, United States Code, is amended by inserting after section 701 the following new section:
Bill text · Current law (38 U.S.C. 701)
38 U.S.C. 7411rewrittenby H.R. 9237 Sec. 636(a)
7411 Reimbursement of continuing professional education expenses.—(a) Required reimbursement.— The Secretary shall reimburse any full-time physician, dentist, podiatrist, chiropractor, optometrist, psychologist, registered nurse (including any advanced practice registered nurse), or physician assistant appointed under section 7401(1) of this title not more than $1,000 per year for each such individual for expenses incurred for continuing professional education directly related to the duties and responsibilities of the position of the employee or related to the duties and responsibilities of the position or positions of the employees overseen by the employee.(b) Authorized reimbursement.— The Secretary may reimburse any full-time licensed practical or vocational nurse (including any nurse practitioner), medical technologist, pharmacist, pharmacy technician, diagnostic radiologic technologist, or social worker appointed under section 7401(3) of this title, not more than $1,000 per year for each such individual for expenses incurred for continuing professional education directly related to the duties and responsibilities of the position of the employee or related to the duties and responsibilities of the position or positions of the employees overseen by the employee.(c) Maximum number of individuals reimbursed.— The total number of individuals who may be reimbursed under this section may not exceed 50,000 per year.(d) Priority reimbursements.— In providing reimbursement under subsection (a), the Secretary shall prioritize reimbursement for individuals providing direct patient care or individuals who are decision-makers for direct patient care.(e) Report required.—(1) In general.— Not less frequently than annually after the end of the first fiscal year following the date of the enactment of the Take Care of America’s Veterans 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 information on utilization of reimbursement under this section, including—(A) locations at which reimbursement is claimed;(B) position title and specialty of the individual claiming reimbursement;(C) average amount claimed per position and specialty; and(D) percent utilization by each position and specialty overall.(2) Authority to include in existing report.— The information required under paragraph (1) may be submitted independently or included in another annual report to Congress.
The bill says: Section 7411 of title 38, United States Code, is amended to read as follows:
Bill text · Current law (38 U.S.C. 7411)
Public Law 115-182(a)(1)changedby H.R. 9237 Sec. 637(a)
The bill says: in the matter before subparagraph (A), by striking "information," and all that follows through "facility:" and inserting "information:";
Bill text
Public Law 115-182(a)(1)(B)changedby H.R. 9237 Sec. 637(a)
The bill says: by inserting "(i)" before "The number"; and
Bill text
Public Law 115-182(a)(1)(B)added (ii)by H.R. 9237 Sec. 637(a)
(ii) Information made available under this subparagraph shall be updated not less frequently than once each quarter to account for delays in data processing and shall reflect the most recently available data.
The bill says: by adding at the end the following new clause:
Bill text
Public Law 115-182(a)(1)(C)changedby H.R. 9237 Sec. 637(a)
The bill says: in subparagraph (C), by striking "vacancies, by occupation." and inserting "positions currently undergoing a recruitment action, disaggregated by occupation and by stage of recruitment.";
Bill text
Public Law 115-182(a)(1)(E)(iii)changedby H.R. 9237 Sec. 637(a)
The bill says: in subparagraph (E)(iii), by striking "potential hires or"; and
Bill text
Public Law 115-182(a)(1)added (F)by H.R. 9237 Sec. 637(a)
(F) The number of positions vacated during the quarter for which the Department has not initiated a recruitment action or is not planning to initiate a recruitment action.
The bill says: by adding at the end the following new subparagraph:
Bill text
Public Law 115-182(a)renumberedby H.R. 9237 Sec. 637(a)
The bill says: by redesignating paragraph (5) as paragraph (6);
Bill text
Public Law 115-182(a)added (5)by H.R. 9237 Sec. 637(a)
(5) Display of information.— The display of information made publicly available on a website of the Department pursuant to paragraph (1) shall be disaggregated—(A) by departmental component;(B) in the case of information relating to Veterans Health Administration positions, by medical facility; and(C) in the case of information relating to Veterans Benefits Administration positions, by regional office.
The bill says: by inserting after paragraph (4) the following new paragraph (5):
Bill text
Public Law 115-182(a)(6)changedby H.R. 9237 Sec. 637(a)
(A) review the administration of the website required under paragraph (1);(B) develop recommendations relating to the improvement of such administration; and(C) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing—(i) the findings of the Inspector General with respect to the most recent review conducted under subparagraph (A); and(ii) the recommendations most recently developed under subparagraph (B).
The bill says: in paragraph (6), as redesignated by subparagraph (B), by striking "shall" and all that follows and inserting the following: “shall—
Bill text
Public Law 115-182rewrittenby H.R. 9237 Sec. 637(a)
(b) Annual report.— Each year, the Secretary shall submit to Congress an annual report that includes the following:(1) A description of the steps the Department is taking to achieve full staffing capacity.(2) A description of the actions the Department is taking to improve the onboard timeline for facilities of the Department, including—(A) in the case of facilities of the Veterans Health Administration, 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; and(B) in the case of the Veterans Benefits Administration, for regional offices that exceed the time-to-hire target of the Office of Personnel Management.(3) The amount of additional funds necessary to enable the Department to reach full staffing capacity.(4) Such recommendations for legislative or administrative action as the Secretary may have in order to achieve full staffing capacity at the Department.
The bill says: by amending subsection (b) to read as follows:
Bill text
38 U.S.C. 1730Crewrittenby H.R. 9237 Sec. 638(1)
The bill says: by amending subsection (a) to read as follows:
Bill text · Current law (38 U.S.C. 1730C)
38 U.S.C. 1730C(b)added (4)by H.R. 9237 Sec. 638(2)
(4) A health care professional who is a contractor of the Department acting in the scope of a contract with the Department to furnish care in a facility or clinic of the Department and who has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional, excluding the following:(A) A health care professional located outside a facility or clinic of the Department providing care through the Veterans Community Care Program under section 1703 of this title or a similar authority under the laws administered by the Secretary.(B) A health care professional conducting disability compensation evaluations pursuant to a contract with the Department.
The bill says: in subsection (b), by adding at the end the following new paragraph:
Bill text · Current law (38 U.S.C. 1730C)
38 U.S.C. 1730C(d)renumberedby H.R. 9237 Sec. 638(3)
The bill says: by redesignating paragraph (2) as paragraph (3); and
Bill text · Current law (38 U.S.C. 1730C)
38 U.S.C. 1730C(d)added (2)by H.R. 9237 Sec. 638(3)
(2) State laws that may be inconsistent under paragraph (1) include—(A) the laws of—(i) the State of licensure, certification, or registration of the covered health care professional;(ii) the State of practice of the covered health care professional;(iii) the State in which the patient is located; or(iv) the State of residence of the patient; and(B) such laws specified under subparagraph (A) as incorporated by the Controlled Substances Act (21 U.S.C. 801 et seq.).
The bill says: by inserting after paragraph (1) the following new paragraph (2):
Bill text · Current law (38 U.S.C. 1730C)
38 U.S.C. 510(f)(2)(D)changedby H.R. 9237 Sec. 643(1)
The bill says: in subparagraph (D), by inserting "in improving outcomes for veterans and their spouses, dependents, and caregivers through the delivery of high quality, accessible, and timely health care, benefits, and other services the Secretary considers appropriate" before the period at the end; and
Bill text · Current law (38 U.S.C. 510)
38 U.S.C. 510(f)(2)added (G)by H.R. 9237 Sec. 643(1)
(G) A description of how the Secretary will analyze success of the reorganization using results based performance metrics that are derived from the justification for the reorganization.(H) A risk mitigation plan identifying significant operational, workforce, financial, information technology, patient care, and service-delivery risks reasonably anticipated by the Secretary and the actions planned to mitigate such risks.
The bill says: by adding at the end the following new subparagraphs:
Bill text · Current law (38 U.S.C. 510)
38 U.S.C. 510renumberedby H.R. 9237 Sec. 643(2)
The bill says: by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
Bill text · Current law (38 U.S.C. 510)
38 U.S.C. 510added (e)by H.R. 9237 Sec. 643(3)
(e) Not later than 180 days after the date on which the Secretary completes an administrative reorganization for which the Secretary submitted under subsection (b) a report containing a detailed plan and justification for the administrative reorganization, and not less frequently than once every 180 days thereafter until the date that is two years after the date of the completion of such administrative reorganization, 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 assessing the administrative reorganization using the performance metrics described in the detailed plan and justification pursuant to subsection (g)(2)(G).
The bill says: by inserting after subsection (d) the following new subsection (e):
Bill text · Current law (38 U.S.C. 510)
38 U.S.C. 8153(a)(3)(A)changedby H.R. 9237 Sec. 652(1)
The bill says: in subparagraph (A), by inserting "physical" before "space";
Bill text · Current law (38 U.S.C. 8153)
38 U.S.C. 8153(a)(3)(B)(i)changedby H.R. 9237 Sec. 652(1)
The bill says: in subparagraph (B)(i), by inserting "physical" before "space";
Bill text · Current law (38 U.S.C. 8153)
38 U.S.C. 8153(a)(3)removedby H.R. 9237 Sec. 652(1)
The bill says: by striking subparagraph (E);
Bill text · Current law (38 U.S.C. 8153)
38 U.S.C. 8153(a)(3)renumberedby H.R. 9237 Sec. 652(1)
The bill says: by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
Bill text · Current law (38 U.S.C. 8153)
38 U.S.C. 8153(a)(3)added (C)by H.R. 9237 Sec. 652(1)
(C) If the health-care resource required is physical space or common services with respect to existing buildings and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title or another entity, the Secretary may enter into contracts or agreements for the acquisition of the space or service—(i) without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource; and(ii) if all obligations are funded through available appropriations or borne by the institution or entity, without regard to any limitations applicable to leases of the Department, if, in the case of a multi-year space-sharing agreement, the agreement—(I) requires that payments for each fiscal year be made only from appropriated funds and available that year; and(II) includes a provision that the Government’s obligations for future years is contingent upon availability of appropriations.
The bill says: by inserting after subparagraph (B) the following new subparagraph (C):
Bill text · Current law (38 U.S.C. 8153)
38 U.S.C. 8153(a)(3)(D)changedby H.R. 9237 Sec. 652(1)
The bill says: in subparagraph (D), as redesignated by subparagraph (D) of this paragraph, by striking "subparagraph (A) or (B)" and inserting "subparagraph (A), (B), or (C)";
Bill text · Current law (38 U.S.C. 8153)
38 U.S.C. 8153added (h)by H.R. 9237 Sec. 652(2)
(h) In this section:(1) The term commercial service means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts.(2) The term common service means a commercial service necessary to maintain or operate existing physical space, including maintenance, heating, ventilation, air conditioning, electricity, energy, water, wastewater, landscaping, security, laundry, or any other service as determined by the Secretary.(3) The term physical space means a portion of a building or parking facilities.
The bill says: by adding at the end the following:
Bill text · Current law (38 U.S.C. 8153)
Public Law 114-294changedby H.R. 9237 Sec. 656(a)
The bill says: in the section heading, by striking "Pilot";
Bill text
Public Law 114-294(a)changedby H.R. 9237 Sec. 656(a)
The bill says: in subsection (a), in the subsection heading, by striking "Pilot";
Bill text
Public Law 114-294changedby H.R. 9237 Sec. 656(a)
The bill says: by striking "pilot" each place it appears;
Bill text
Public Law 114-294removedby H.R. 9237 Sec. 656(a)
The bill says: by striking subsection (i); and
Bill text
Public Law 114-294renumberedby H.R. 9237 Sec. 656(a)
The bill says: by redesignating subsection (j) as subsection (i).
Bill text
38 U.S.C. 8120rewrittenby H.R. 9237 Sec. 659(a)
8120 Reports on key capital asset investments, activities, and performance.—(a) Capital asset investment, activities, and performance.—(1) In general.— Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of the subsequent fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on key capital asset investments, activities, and performance of the Department.(2) Elements.—(A) First report in each fiscal year.— The first report under paragraph (1) in each fiscal year shall include the following:(i) A brief summary of work that was completed on each capital asset project that was completed in the previous fiscal year.(ii) A brief summary of the accomplishments, impediments, and challenges experienced by the Department with respect to capital asset projects in the previous fiscal year and a description of efforts made to address any such impediments and challenges.(iii) With respect to each capital asset project completed in such year, the following:(I) The type of project (major construction, minor construction, nonrecurring maintenance, leases, or other category, including disposals).(II) The estimated total cost and the actual total cost of the project.(III) A description of the project.(IV) The location and facility with respect to which the project was carried out.(V) The fiscal quarter the project was expected to begin, the fiscal quarter the project began, the month and year the project was completed, and the fiscal quarter the facility in connection to such project was in use by veterans, employees of the Department, or other relevant users, as the case may be.(iv) In the case of any capital asset project completed during the previous fiscal year with respect to which the final cost of the project (or any increment of the project) was more than 10 percent greater than the estimated cost of the project (or increment) or the completion of such project (or increment) was more than 180 days later than the planned schedule for such project (or increment)—(I) the reason for any such overage or delay; and(II) actions being taken to prevent any such overage or delay in future projects.(v) A list of any capital asset projects cancelled during the previous fiscal year, including any projects in the design phase and including the reason for the cancellation.(vi) A summary of total actual obligations for capital asset projects for the previous fiscal year, broken out by major construction, minor construction, nonrecurring maintenance, and leases from the medical facilities appropriation account of the Department.(vii) A projected list of capital asset projects, broken out by type of project under subclause (I), that are expected to be initiated during the current fiscal year and those that are expected to be completed during the current fiscal year, which shall include the following:(I) The type of project (major construction, minor construction, nonrecurring maintenance, leases, or other category, including disposals).(II) The estimated total cost of the project.(III) A description of the project.(IV) The location and facility with respect to which the project was carried out or is expected to be carried out.(V) The fiscal quarter the project is expected to begin, the fiscal quarter the project is expected to be completed, and the fiscal quarter the facility in connection to such project is expected to be in use by veterans, employees of the Department, or other relevant users, as the case may be.(viii) Projected total obligations for capital asset projects for the current fiscal year, broken out by major construction, minor construction, nonrecurring maintenance, and leases, from the medical facilities appropriation account of the Department.(ix) Such observations of best practices, impediments, and accomplishments related to the capital asset management and performance of the Department, including any legislative or administrative action, as the Secretary considers appropriate with respect to such practices, impediments, and accomplishments.(x) Meaningful metrics that show the progress of the Department toward meeting relevant goals of the Department relating to capital asset management.(xi) Such other matters as the Secretary considers appropriate.(B) Subsequent reports.— Each report in a fiscal year after the first report shall include, at a minimum, relevant updates on any capital asset projects that are ongoing during that fiscal year, including any updates to information provided with respect to such projects under subparagraph (A).(3) Matters relating to reporting costs.— In each report under paragraph (1), when reporting on costs for capital asset projects, the Secretary may include information regarding Federal requirements, including those specific to the Department, that may not exist in the non-Federal construction sector that may increase costs for capital asset projects.(b) Super construction projects.—(1) In general.— Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of that fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on the super construction projects carried out by the appropriate non-Department Federal entity described in section 8103(e)(1) of this title during such year.(2) Elements.— Each report required under paragraph (1) shall include, for each project described in such paragraph—(A) the budgetary and scheduling status of the project, as of the last day of the most recent fiscal quarter ending before the date on which the report is required to be submitted; and(B) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project.(c) Definitions.— In this section:(1) Appropriate committees of Congress.— The term appropriate committees of Congress means—(A) the Committee on Appropriations and the
The bill says: Section 8120 of title 38, United States Code, is amended to read as follows:
Bill text · Current law (38 U.S.C. 8120)
38 U.S.C. 8104added 8104Aby H.R. 9237 Sec. 661(a)
8104A. Submission of cost estimates for major medical facility leases with president’s budget request.—(a) In general.— For each major medical facility lease or prospectus-level lease for which the Secretary seeks authorization, appropriations, or prospectus approval, the Secretary shall include in the budget justification materials submitted to Congress in connection with the budget of the Department for the applicable fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a market-based cost estimate and full life-cycle cost estimate for such lease.(b) Market-based cost estimate.— Each market-based cost estimate required under subsection (a) shall include an evaluation of—(1) local land values;(2) applicable construction costs; and(3) other cost factors the Secretary determines relevant to build-to-suit facilities.(c) Standardized methodology.—(1) In general.— The Secretary shall adopt and apply a standardized methodology for estimating under subsection (a) the full life-cycle cost of major medical facility leases and prospectus-level leases.(2) Required elements.— The methodology required under paragraph (1) shall include, at a minimum—(A) base rent projections over the full lease term;(B) tenant improvement and buildout costs based on current medical facility standards;(C) estimated operating expenses, including utilities, maintenance, and security;(D) annual escalation factors tied to construction cost indices, labor rates, and market trends;(E) cost assumptions for option periods or potential renewal terms; and(F) geographic adjustments using current regional market data to reflect location-specific construction and leasing conditions.(d) Annual adjustment.—(1) In general.— To reflect inflation and market escalation, the Secretary shall annually adjust each cost estimate for a lease submitted to Congress for authorization, appropriations, or prospectus approval during the period beginning on the date on which the Secretary first includes such cost estimate in the budget justification materials described in subsection (a) and ending on the projected award date for the lease.(2) Indices.— In adjusting a cost estimate under paragraph (1), the Secretary shall use such medical construction or real estate indices as the Secretary determines appropriate.(e) Rules of construction.—(1) Budgetary treatment.— Nothing in this section shall be construed to alter, supersede, waive, or otherwise affect the application of the scorekeeping guidelines, including the budgetary treatment of leases under Office of Management and Budget Circular A–11 or any successor guidance.(2) Preservation of existing budget authority requirements.— Nothing in this section shall be construed to authorize the Secretary to enter into a lease, incur an obligation, or make an expenditure except to the extent and in the amount provided in advance in appropriations Acts.(f) Definitions.— In this section, the term "major medical facility lease" has the meaning given that term in section 8104(a)(3)(B) of this title.
The bill says: Subchapter I of chapter 81 of title 38, United States Code, is amended by inserting after section 8104 the following new section:
Bill text · Current law (38 U.S.C. 8104)
38 U.S.C. 1722A(a)rewrittenby H.R. 9237 Sec. 672
(4) Paragraph (1) does not apply—(A) to opioid antagonists furnished under this chapter to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of such an overdose; and(B) to any limited supply prescription for medication, up to a 30-day supply of such medication, under section 1730D(b) of this title if the covered health care professional would have prescribed, delivered, distributed, or dispensed a supply for more than seven days if not for the restrictions under such section.
The bill says: Paragraph (4) of section 1722A(a) of title 38, United States Code, is amended to read as follows:
Bill text · Current law (38 U.S.C. 1722A)
38 U.S.C. 1703Erepealedby H.R. 9237 Sec. 674(b)
The bill says: Section 1703E of title 38, United States Code, is repealed.
Bill text · Current law (38 U.S.C. 1703E)
Public Law 118-210(a)changedby H.R. 9237 Sec. 674(b)
The bill says: Section 105(a) of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Public Law 118–210; 38 U.S.C. 1703 note) is amended, in the matter preceding paragraph (1), by striking "Pursuant to section 1703E of title 38, United States Code, the Secretary of Veterans Affairs, acting through the Center for Innovation for Care and Payment" and inserting "Pursuant to section 326 of title 38, United States Code, the Secretary of Veterans Affairs, acting through the Center for Innovation".
Bill text
Public Law 118-210(a)changedby H.R. 9237 Sec. 674(b)
The bill says: Section 106(a) of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Public Law 118–210; 38 U.S.C. 1703 note) is amended, in the matter preceding paragraph (1), by striking "the Center for Innovation for Care and Payment established under section 1703E of title 38, United States Code" and inserting "the Center for Innovation established under section 326 of title 38, United States Code".
Bill text
Public Law 118-210(a)(2)(A)(viii)changedby H.R. 9237 Sec. 674(b)
The bill says: in subsection (a)(2)(A)(viii), by striking "the Center for Innovation for Care and Payment of the Department under section 1703E of title 38, United States Code" and inserting "the Center for Innovation under section 326 of title 38, United States Code"; and
Bill text
Public Law 118-210(c)(1)changedby H.R. 9237 Sec. 674(b)
The bill says: in subsection (c)(1), by striking "the Center for Innovation for Care and Payment established under section 1703E of title 38, United States Code" and inserting "“the Center for Innovation under section 326 of title 38, United States Code".
Bill text
38 U.S.C. 1704A(a)(2)(I)added (vi)by H.R. 9237 Sec. 674(f)
(vi) To identify proven management and payment best practices of the Federal Government used under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), and the TRICARE program (as defined in section 1072 of title 10).
The bill says: in subsection (a)(2)(I), by adding at the end the following new clause:
Bill text · Current law (38 U.S.C. 1704A)
38 U.S.C. 1704A(d)changedby H.R. 9237 Sec. 674(f)
The bill says: in subsection (d), by inserting "or federally funded research and development center" after "private entity".
Bill text · Current law (38 U.S.C. 1704A)