[115th Congress Public Law 407]
[From the U.S. Government Publishing Office]
[[Page 5367]]
VETERANS BENEFITS AND TRANSITION ACT OF 2018
[[Page 132 STAT. 5368]]
Public Law 115-407
115th Congress
An Act
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to provide certain burial benefits for spouses and
children of veterans who are buried in tribal cemeteries, and for other
purposes. <<NOTE: Dec. 31, 2018 - [S. 2248]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans
Benefits and Transition Act of 2018. 38 USC 101 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
and Transition Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EDUCATION
Sec. 101. Inclusion of certain additional periods of active duty service
for purposes of suspension of charges to entitlement during
periods of suspended participation in Department of Veterans
Affairs vocational rehabilitation programs.
Sec. 102. Provision of monthly housing stipend information under Post-9/
11 Educational Assistance Program.
Sec. 103. Disapproval for purposes of educational assistance programs of
Department of Veterans Affairs of certain courses of
education that do not permit individuals to attend or
participate in courses pending payment.
Sec. 104. Provision of information on required additional actions to
allow individuals to stay enrolled in courses of education
pending receipt of educational assistance from department of
veterans affairs.
Sec. 105. Calculation of monthly housing stipend under high technology
pilot program based on location of campus where veteran
attends classes.
Sec. 106. Clarification regarding applicability of authority to use
educational assistance to pursue independent study programs
at certain educational institutions that are not institutions
of higher learning.
TITLE II--MEMORIAL AFFAIRS
Sec. 201. Eligibility of spouses and children of veterans buried in
tribal cemeteries for certain Department of Veterans Affairs
burial benefits.
Sec. 202. Department of Veterans Affairs provision of headstones and
markers for, and interment in national cemeteries of, spouses
and dependent children of members of the Armed Forces serving
on active duty.
TITLE III--CIVIL RELIEF
Sec. 301. Termination of leases of premises of deceased servicemembers
who die while in military service.
Sec. 302. Residence of spouses of servicemembers for tax purposes.
Sec. 303. Residence of spouses of servicemembers for voting.
Sec. 304. Termination of multichannel video programming and internet
access service contracts.
TITLE IV--TRANSITION ASSISTANCE
Sec. 401. Study of community-based transition assistance programs for
members of the Armed Forces after separation, retirement, or
discharge.
[[Page 132 STAT. 5369]]
TITLE V--DEPARTMENTAL ADMINISTRATION
Sec. 501. Misuse of Department of Veterans Affairs purchase cards by
Department employees.
Sec. 502. Updating dependent information.
Sec. 503. Oversight of Electronic Health Record Modernization Program.
Sec. 504. Department of Veterans Affairs notice relating to debt
collection activities.
TITLE VI--MEDICAL FACILITIES
Sec. 601. Authorization of major medical facility projects for fiscal
year 2019.
Sec. 602. Plans to improve medical facilities of the Department of
Veterans Affairs.
TITLE VII--OTHER MATTERS
Sec. 701. Homeless veterans reintegration programs.
Sec. 702. Technical corrections.
Sec. 703. Medical Surgical Prime Vendor program.
Sec. 704. Report on expanding access to dental care for veterans
eligible for health care from the Department of Veterans
Affairs.
TITLE I--EDUCATION
SEC. 101. INCLUSION OF CERTAIN ADDITIONAL PERIODS OF ACTIVE DUTY
SERVICE FOR PURPOSES OF SUSPENSION OF
CHARGES TO ENTITLEMENT DURING PERIODS OF
SUSPENDED PARTICIPATION IN DEPARTMENT OF
VETERANS AFFAIRS VOCATIONAL REHABILITATION
PROGRAMS.
Section 3105(e)(2) of title 38, United States Code, is amended by
striking ``or 12304'' and inserting ``12304, 12304a, or 12304b''.
SEC. 102. PROVISION OF MONTHLY HOUSING STIPEND INFORMATION UNDER
POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
Section 3313 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(k) Provision of Housing Stipend Payment Information.--
``(1) In general.--The Secretary shall furnish to
individuals receiving educational assistance under this chapter
documentation that verifies the amount of the monthly housing
stipend the individual receives under this section.
``(2) <<NOTE: Web posting.>> Manner.--The Secretary shall
make such documentation available to the individual using an
internet website in the same manner the Secretary provides
documentation verifying compensation and other benefits
furnished by the Secretary to individuals.''.
SEC. 103. DISAPPROVAL FOR PURPOSES OF EDUCATIONAL ASSISTANCE
PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS
OF CERTAIN COURSES OF EDUCATION THAT DO
NOT PERMIT INDIVIDUALS TO ATTEND OR
PARTICIPATE IN COURSES PENDING PAYMENT.
(a) In General.--Section 3679 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) <<NOTE: Effective date.>> Notwithstanding any other
provision of this chapter, beginning on August 1, 2019, a State
approving agency, or the Secretary when acting in the role of the State
approving agency, shall disapprove a course of education provided by an
educational institution that has in effect a policy that is inconsistent
with any of the following:
``(A) <<NOTE: Termination dates.>> A policy that permits
any covered individual to attend or participate in the course of
education during the period beginning on the date on which the
individual provides to
[[Page 132 STAT. 5370]]
the educational institution a certificate of eligibility for
entitlement to educational assistance under chapter 31 or 33 of
this title and ending on the earlier of the following dates:
``(i) The date on which the Secretary provides
payment for such course of education to such
institution.
``(ii) The date that is 90 days after the date on
which the educational institution certifies for tuition
and fees following receipt from the student such
certificate of eligibility.
``(B) A policy that ensures that the educational institution
will not impose any penalty, including the assessment of late
fees, the denial of access to classes, libraries, or other
institutional facilities, or the requirement that a covered
individual borrow additional funds, on any covered individual
because of the individual's inability to meet his or her
financial obligations to the institution due to the delayed
disbursement of a payment to be provided by the Secretary under
chapter 31 or 33 of this title.
``(2) For purposes of this subsection, a covered individual is any
individual who is entitled to educational assistance under chapter 31 or
33 of this title.
``(3) <<NOTE: Waiver authority.>> The Secretary may waive such
requirements of paragraph (1) as the Secretary considers appropriate.
``(4) It shall not be inconsistent with a policy described in
paragraph (1) for an educational institution to require a covered
individual to take the following additional actions:
``(A) <<NOTE: Deadline.>> Submit a certificate of
eligibility for entitlement to educational assistance not later
than the first day of a course of education for which the
individual has indicated the individual wishes to use the
individual's entitlement to educational assistance.
``(B) Submit a written request to use such entitlement.
``(C) Provide additional information necessary to the proper
certification of enrollment by the educational institution.''.
(b) <<NOTE: 38 USC 3680 note.>> Prompt Payments.--
(1) <<NOTE: Deadline.>> In general.--The Secretary of
Veterans Affairs shall take such actions as may be necessary to
ensure that the Secretary makes a payment to an educational
institution on behalf of an individual, who is entitled to
educational assistance under chapter 31 or 33 of title 38,
United States Code, and who is using such assistance to pursue a
program of education at the educational institution, not later
than 60 days after the date on which the educational institution
certifies to the Secretary the applicable tuition and fees for
the individual.
(2) Semiannual reports.--Not later than May 1 and October 1
of each year, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a semiannual report
summarizing any cases in which the Secretary failed to make a
payment described in paragraph (1) within the period set forth
in such paragraph and an explanation for each delayed
disbursement of payment.
(c) <<NOTE: 38 USC 3679 note.>> Rule of Construction.--In a case in
which an individual is unable to meet a financial obligation to an
educational institution due to the delayed disbursement of a payment to
be provided by the Secretary under chapter 31 or 33 of such title and
the amount of such disbursement is less than anticipated, nothing
[[Page 132 STAT. 5371]]
in section 3679(e) of such title, as added by subsection (a), shall be
construed to prohibit an educational institution from requiring
additional payment or imposing a fee for the amount that is the
difference between the amount of the financial obligation and the amount
of the disbursement.
SEC. 104. PROVISION OF INFORMATION ON REQUIRED ADDITIONAL ACTIONS
TO ALLOW INDIVIDUALS TO STAY ENROLLED IN
COURSES OF EDUCATION PENDING RECEIPT OF
EDUCATIONAL ASSISTANCE FROM DEPARTMENT OF
VETERANS AFFAIRS.
Section 3698(c)(1)(C) of title 38, United States Code, is amended--
(1) in clause (x), by striking ``; and'' and inserting a
semicolon;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(xii) information on whether the institution
requires a covered individual to take additional action
pursuant to section 3679(e)(4) of this title to stay
enrolled in a course pending receipt of educational
assistance under a law administered by the Secretary.''.
SEC. 105. CALCULATION OF MONTHLY HOUSING STIPEND UNDER HIGH
TECHNOLOGY PILOT PROGRAM BASED ON LOCATION
OF CAMPUS WHERE VETERAN ATTENDS CLASSES.
Section 116(d)(1) of the Harry W. Colmery Veterans Educational
Assistance Act of 2017 (Public Law 115-48, 38 U.S.C. 3001 (note)), is
amended--
(1) in subparagraph (A), by striking ``the institution at
which the individual is enrolled'' and inserting ``the campus of
the institution where the individual physically participates in
a majority of classes''; and
(2) in subparagraph (B), by striking ``the amount payable''
and all that follows through ``subparagraph (A)'' and inserting
``the national average of the monthly amount of the basic
allowance for housing payable under section 403 of title 37,
United States Code, for a member with dependents in pay grade E-
5''.
SEC. 106. CLARIFICATION REGARDING APPLICABILITY OF AUTHORITY TO
USE EDUCATIONAL ASSISTANCE TO PURSUE
INDEPENDENT STUDY PROGRAMS AT CERTAIN
EDUCATIONAL INSTITUTIONS THAT ARE NOT
INSTITUTIONS OF HIGHER LEARNING.
The section heading for section 302 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48; 131 Stat. 990) is
amended to read as follows (and the table of contents for such Act is
conformed accordingly):
[[Page 132 STAT. 5372]]
``SEC. 302. AUTHORIZATION FOR USE OF EDUCATIONAL ASSISTANCE UNDER
ANY OF THE EDUCATIONAL ASSISTANCE PROGRAMS
OF THE DEPARTMENT OF VETERANS AFFAIRS TO
PURSUE INDEPENDENT STUDY PROGRAMS AT
CERTAIN EDUCATIONAL INSTITUTIONS THAT ARE
NOT INSTITUTIONS OF HIGHER LEARNING.''.
TITLE II--MEMORIAL AFFAIRS
SEC. 201. ELIGIBILITY OF SPOUSES AND CHILDREN OF VETERANS BURIED
IN TRIBAL CEMETERIES FOR CERTAIN
DEPARTMENT OF VETERANS AFFAIRS BURIAL
BENEFITS.
Section 2306 of title 38, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``or a veterans'
cemetery owned by a tribal organization or on land owned by or
held in trust for a tribal organization'' after ``State'';
(2) in subsection (b)(1), by inserting ``, a veterans'
cemetery of a tribal organization or on land owned by or held in
trust for a tribal organization'' after ``owned by a State'';
(3) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``The Secretary'' and inserting
``(1) The Secretary'';
(C) by striking ``a national cemetery or in a
veterans cemetery of a State or tribal organization for
which the Department has provided a grant under section
2408 of this title'' and inserting ``a covered
cemetery''; and
(D) by adding at the end the following:
``(2) <<NOTE: Definition.>> The term `covered cemetery' means any
of the following:
``(A) A national cemetery.
``(B) A veterans' cemetery of a State for which the
Department has provided a grant under section 2408 of this
title.
``(C) A veterans' cemetery of a tribal organization or on
land owned by or held in trust for a tribal organization for
which the Department has provided a grant under subsection (f)
of such section.''; and
(4) by adding at the end the following new subsection:
``(i) <<NOTE: Definition.>> In this section, the term `tribal
organization' has the meaning given such term in section 3765 of this
title.''.
SEC. 202. <<NOTE: Effective dates.>> DEPARTMENT OF VETERANS
AFFAIRS PROVISION OF HEADSTONES AND
MARKERS FOR, AND INTERMENT IN NATIONAL
CEMETERIES OF, SPOUSES AND DEPENDENT
CHILDREN OF MEMBERS OF THE ARMED FORCES
SERVING ON ACTIVE DUTY.
(a) Headstones and Markers.--Section 2306(b)(2) of title 38, United
States Code, is amended--
(1) in subparagraph (B), by inserting ``, or the spouse of a
member of the Armed Forces serving on active duty under
conditions other than dishonorable, as shown by a statement from
a general court-martial convening authority, at the time of the
spouse's death if such death occurs before October 1, 2024''
after ``veteran''; and
(2) in subparagraph (C), by inserting ``, or the eligible
dependent child of a member of the Armed Forces serving on
active duty under conditions other than dishonorable, as
[[Page 132 STAT. 5373]]
shown by a statement from a general court-martial convening
authority, at the time of the child's death if such death occurs
before October 1, 2024'' after ``veteran''.
(b) Interment in National Cemeteries.--Section 2402(a)(5) of such
title is amended by inserting ``, and the spouse, minor child, and, in
the discretion of the Secretary, unmarried adult child of a member of
the Armed Forces serving on active duty under conditions other than
dishonorable, as shown by a statement from a general court-martial
convening authority, at the time of the spouse's or child's death if
such death occurs before October 1, 2024'' after ``paragraph (7)''.
TITLE III--CIVIL RELIEF
SEC. 301. TERMINATION OF LEASES OF PREMISES OF DECEASED
SERVICEMEMBERS WHO DIE WHILE IN MILITARY
SERVICE.
Section 305(a) of the Servicemembers Civil Relief Act (50 U.S.C.
3955) is amended--
(1) in the subsection heading, by striking ``by Lessee'';
(2) in the heading for paragraph (1), by striking ``In
general'' and inserting ``Termination by lessee''; and
(3) by adding at the end the following new paragraph:
``(3) <<NOTE: Time period. Effective date.>> Death of
lessee.--The spouse of the lessee on a lease described in
subsection (b)(1) may terminate the lease during the one-year
period beginning on the date of the death of the lessee, if the
lessee dies while in military service or while performing full-
time National Guard duty, active Guard and Reserve duty, or
inactive-duty training (as such terms are defined in section
101(d) of title 10, United States Code).''.
SEC. 302. RESIDENCE OF SPOUSES OF SERVICEMEMBERS FOR TAX PURPOSES.
(a) Residence for Tax Purposes.--Section 511(a)(2) of the
Servicemembers Civil Relief Act (50 U.S.C. 4001(a)(2)) is amended--
(1) by striking ``A spouse'' and inserting the following:
``(A) In general.--A spouse''; and
(2) by adding at the end the following new subparagraph:
``(B) Election.--For any taxable year of the
marriage, the spouse of a servicemember may elect to use
the same residence for purposes of taxation as the
servicemember regardless of the date on which the
marriage of the spouse and the servicemember
occurred.''.
(b) <<NOTE: 50 USC 4001 note.>> Applicability.--The amendments made
by subsection (a) shall apply with respect to any return of State or
local income tax filed for any taxable year beginning with the taxable
year that includes the date of the enactment of this Act.
SEC. 303. RESIDENCE OF SPOUSES OF SERVICEMEMBERS FOR VOTING.
(a) In General.--Section 705(b) of the Servicemembers Civil Relief
Act (50 U.S.C. 4025(b)) is amended--
(1) by striking ``State or local office'' and all that
follows through the period at the end of paragraph (3) and
inserting ``State or local office--''; and
(2) by adding at the end the following new paragraphs:
``(1) a person who is absent from a State because the person
is accompanying the person's spouse who is absent
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from that same State in compliance with military or naval orders
shall not, solely by reason of that absence--
``(A) be deemed to have lost a residence or domicile
in that State, without regard to whether or not the
person intends to return to that State;
``(B) be deemed to have acquired a residence or
domicile in any other State; or
``(C) be deemed to have become a resident in or a
resident of any other State; and
``(2) the spouse of a servicemember may elect to use the
same residence as the servicemember regardless of the date on
which the marriage of the spouse and the servicemember
occurred.''.
(b) <<NOTE: 50 USC 4025 note.>> Effective Date.--The amendments
made by subsection (a) shall take effect on the date that is 90 days
after the date of the enactment of this Act.
SEC. 304. TERMINATION OF MULTICHANNEL VIDEO PROGRAMMING AND
INTERNET ACCESS SERVICE CONTRACTS.
(a) In General.--Section 305A of the Servicemembers Civil Relief Act
(50 U.S.C. 3956) is amended--
(1) in the section heading, by inserting ``, multichannel
video programming, and internet access'' after ``telephone'';
(2) in subsection (b), by striking ``cellular telephone
service or telephone exchange service'' and inserting
``commercial mobile service, telephone exchange service,
internet access service, or multichannel video programming
service'';
(3) in subsection (c), by inserting ``for commercial mobile
service or telephone exchange service'' before ``terminated'';
(4) in subsection (d), in the matter preceding paragraph
(1), by striking ``cellular telephone service'' and inserting
``commercial mobile service'';
(5) in subsection (e)--
(A) by striking ``For any'' and inserting the
following:
``(1) In general.--For any'';
(B) by striking ``If the'' and inserting the
following:
``(2) Reinstatement of service.--If the''; and
(C) by adding at the end the following:
``(3) <<NOTE: Deadline.>> Return of provider-owned
equipment.--If a servicemember terminates a contract under
subsection (a), the servicemember shall return any provider-
owned consumer premises equipment to the service provider not
later than 10 days after the date on which service is
disconnected.''; and
(6) in subsection (g)--
(A) by redesignating paragraph (2) as paragraph (4);
and
(B) <<NOTE: Definitions.>> by striking paragraph
(1) and inserting the following:
``(1) The term `commercial mobile service' has the meaning
given that term in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d)).
``(2) The term `multichannel video programming service'
means a subscription video service offered by a multichannel
video programming distributor, as that term is defined in
section 602 of the Communications Act of 1934 (47 U.S.C. 522),
over a system the distributor owns or controls.
[[Page 132 STAT. 5375]]
``(3) The term `provider-owned consumer premises equipment'
means any equipment that a provider of internet access service
or multichannel video programming service rents or loans to a
customer during the provision of that service, including
gateways, routers, cable modems, voice-capable modems,
CableCARDs, converters, digital adapters, remote controls, and
any other equipment provided.''.
(b) Clerical Amendments.--
(1) Title heading.--The heading for title III of the
Servicemembers Civil Relief Act is amended by striking
``TELEPHONE'' and inserting ``COMMUNICATIONS''.
(2) Table of contents.--The table of contents in section
1(b) of the Servicemembers Civil Relief Act is amended--
(A) by striking the item relating to title III and
inserting the following new item:
``TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT,
LEASES, COMMUNICATIONS SERVICE CONTRACTS'';
and
(B) by striking the item relating to section 305A
and inserting the following new item:
``Sec. 305A. Termination of telephone, multichannel video programming,
and internet access service contracts.''.
TITLE IV--TRANSITION ASSISTANCE
SEC. 401. STUDY OF COMMUNITY-BASED TRANSITION ASSISTANCE PROGRAMS
FOR MEMBERS OF THE ARMED FORCES AFTER
SEPARATION, RETIREMENT, OR DISCHARGE.
(a) <<NOTE: Consultation.>> Study.--The Secretary of Veterans
Affairs, in consultation with State entities that serve members of the
Armed Forces who are retired, separated, or discharged from the Armed
Forces, shall enter into an agreement with an appropriate non-Federal
entity to carry out a study to identify community-based programs--
(1) that provide transition assistance to such members; and
(2) operated by nonprofit entities.
(b) <<NOTE: Lists.>> Transmission to Members.--The Secretary of
Veterans Affairs shall transmit the list of programs identified under
this section to the Secretary of Defense so the Secretaries of the
military departments may provide information in the list to members of
the Armed Forces who participate in the Transition Assistance Program
under sections 1142 and 1144 of title 10, United States Code.
(c) Online Publication.--The Secretary of Veterans Affairs shall
publish the most recent version of the list of programs identified under
this section on a public website of the Department of Veterans Affairs.
[[Page 132 STAT. 5376]]
TITLE V--DEPARTMENTAL ADMINISTRATION
SEC. 501. MISUSE OF DEPARTMENT OF VETERANS AFFAIRS PURCHASE CARDS
BY DEPARTMENT EMPLOYEES.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 728. <<NOTE: 38 USC 728.>> Misuse of Department purchase
cards
``(a) <<NOTE: Determination.>> In General.--(1) The Secretary shall
prohibit any employee of the Department who the Secretary or the
Inspector General of the Department determines has knowingly misused a
purchase card from serving as a purchase card holder or approving
official.
``(2) Such a prohibition shall be in addition to any other
applicable penalty.
``(b) <<NOTE: Definition.>> Misuse.--For purposes of this section,
the term `misuse' means--
``(1) splitting purchases;
``(2) exceeding applicable purchase card limits or purchase
thresholds;
``(3) purchasing any unauthorized item;
``(4) using a purchase card without being an authorized
purchase card holder; or
``(5) violating ethics standards.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC 701 prec.>> is amended by inserting after
the item relating to section 728 the following new item:
``728. Misuse of Department purchase cards.''.
SEC. 502. <<NOTE: 38 USC 5701 note prec.>> UPDATING DEPENDENT
INFORMATION.
The Secretary of Veterans Affairs shall make such changes to such
information technology systems of the Department of Veterans Affairs,
including the eBenefits system or successor system, as may be necessary
so that whenever the Secretary records in such systems information about
a dependent of a person, the person is able to review and revise such
information.
SEC. 503. <<NOTE: 38 USC 5701 note prec.>> OVERSIGHT OF
ELECTRONIC HEALTH RECORD MODERNIZATION
PROGRAM.
(a) <<NOTE: Deadline. Plans. Cost estimates.>> Program Documents.--
Not later than 30 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the appropriate
congressional committees the following documents concerning the
Electronic Health Record Modernization Program:
(1) Integrated Master Plan.
(2) Integrated Master Schedule.
(3) Program Management Plan.
(4) Annual and lifecycle cost estimates, including, at a
minimum, cost elements relating to--
(A) Federal Government labor;
(B) contractor labor;
(C) hardware;
(D) software; and
(E) testing and evaluation.
[[Page 132 STAT. 5377]]
(5) Cost baseline.
(6) Risk Management Plan.
(7) Health IT Strategic Architecture Plan.
(8) Transition Plan for implementing updated architecture.
(9) Data Migration Plan.
(10) System and Data Security Plan.
(11) Application Implementation Plan.
(12) System Design Documents.
(13) Legacy Veterans Information Systems and Technology
Architecture Standardization, Security Enhancement, and
Consolidation Project Plan.
(14) Health Data Interoperability Management Plan.
(15) Community Care Vision and Implementation Plan,
including milestones and a detailed description of how complete
interoperability with non-Department health care providers will
be achieved.
(b) <<NOTE: Deadline. Effective date. Termination
date. Plans. Reports.>> Quarterly Updates.--Not later than 30 days
after the end of each fiscal quarter during the period beginning with
the fiscal quarter in which this Act is enacted and ending on the date
on which the Electronic Health Record Modernization Program is
completed, the Secretary shall submit to the appropriate congressional
committees the most recent updated versions, if any exist, of the
following documents:
(1) Integrated Master Schedule.
(2) Program Management Plan, including any written Program
Management Review material developed for the Program Management
Plan during the fiscal quarter covered by the submission.
(3) Each document described in subsection (a)(4).
(4) Performance Baseline Report for the fiscal quarter
covered by the submission or for the fiscal quarter ending the
fiscal year prior to the submission.
(5) Budget Reconciliation Report.
(6) Risk Management Plan and Risk Register.
(c) <<NOTE: Deadline.>> Contracts.--Not later than 5 days after
awarding a contract, order, or agreement, including any modifications
thereto, under the Electronic Health Record Modernization Program, the
Secretary shall submit to the appropriate congressional committees a
copy of the entire such contract, order, agreement, or modification.
(d) Notification.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than 10
days after an event described in paragraph (2) occurs, the
Secretary shall notify the appropriate congressional committees
of such occurrence, including a description of the event and an
explanation for why such event occurred.
(2) Event described.--An event described in this paragraph
is any of the following events regarding the Electronic Health
Record Modernization Program:
(A) The delay of any milestone or deliverable by 30
or more days.
(B) A request for equitable adjustment, equitable
adjustment, or change order exceeding $1,000,000 (as
such terms are defined in the Federal Acquisition
Regulation).
(C) The submission of any protest, claim, or
dispute, and the resolution of any protest, claim, or
dispute (as such terms are defined in the Federal
Acquisition Regulation).
[[Page 132 STAT. 5378]]
(D) A loss of clinical or other data.
(E) A breach of patient privacy, including any--
(i) disclosure of protected health information
that is not permitted under regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of
1996 (Public Law 104-191; 42 U.S.C. 1320d-2 note);
and
(ii) breach of sensitive personal information
(as defined in section 5727 of title 38, United
States Code).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Veterans' Affairs of the House
of Representatives and the Senate; and
(B) the Committees on Appropriations of the House of
Representatives and the Senate.
(2) The term ``Electronic Health Record Modernization
Program'' means--
(A) any activities by the Department of Veterans
Affairs to procure or implement an electronic health or
medical record system to replace any or all of the
Veterans Information Systems and Technology
Architecture, the Computerized Patient Record System,
the Joint Legacy Viewer, or the Enterprise Health
Management Platform; and
(B) any contracts or agreements entered into by the
Secretary of Veterans Affairs to carry out, support, or
analyze the activities under subparagraph (A).
SEC. 504. DEPARTMENT OF VETERANS AFFAIRS NOTICE RELATING TO DEBT
COLLECTION ACTIVITIES.
(a) <<NOTE: Determination. 38 USC 5301 note prec.>> Debt
Notification Letter Formats.--The Secretary of Veterans Affairs shall
collaborate with veterans service organizations to develop a standard
format for any letter provided to an individual who the Secretary
determines is indebted to the United States by virtue of such
individual's participation in a benefits program administered by the
Secretary. Such letter shall be written in plain language and shall
include a notice of the debt and a clear explanation of--
(1) why the individual is indebted to the United States by
virtue of such person's participation in a benefits program
administered by the Secretary; and
(2) the options available to the individual.
(b) Delivery of Debt Notices by Standard Mail and Electronic
Means.--The Secretary <<NOTE: 38 USC 5301 note prec.>> shall develop a
method by which individuals may elect to receive notice of debt by
electronic means and shall ensure, to the extent practicable, that the
letter developed under subsection (a) is delivered--
(1) by both standard mail and by electronic means to
intended recipients who have made such an election; and
(2) only by standard mail to intended recipients who have
not made such an election.
(c) <<NOTE: 38 USC 5301 note prec.>> Notice to Congress.--
(1) Notices of completion.--Upon completion of the
development of the standard letter format required under
subsection (a) and upon completion of development of the method
by which individuals may elect to receive notice of debt by
[[Page 132 STAT. 5379]]
electronic means under subsection (b), the Secretary shall
submit to Congress notice of the completion of the respective
development.
(2) <<NOTE: Effective date.>> Progress reports.--If the
Secretary has not submitted each notice required by paragraph
(1) by the date that is 90 days after the date of the enactment
of this Act, the Secretary shall--
(A) submit to Congress a report describing the
progress of the Secretary toward implementing
subsections (a) and (b) and an explanation for why the
respective development has not been completed; and
(B) every 30 days thereafter until all of the
notices required by paragraph (1) have been submitted,
submit to Congress an update to the report under
subparagraph (A) that includes an additional explanation
for the failure to complete the respective development.
(d) Study and Report.--
(1) <<NOTE: Coordination.>> Study.--The Secretary of
Veterans Affairs, in coordination with the Secretary of the
Treasury, shall conduct a study on the process by which
individuals who are indebted to the United States by virtue of
their participation in a benefits program administered by the
Secretary of Veterans Affairs are notified of debt collection
efforts relating to such indebtedness.
(2) <<NOTE: Analyses.>> Elements.--The study required by
paragraph (1) shall include the following:
(A) An analysis of the scope of the problem of
individuals who are indebted to the United States by
virtue of their participation in a benefits program
administered by the Secretary of Veterans Affairs not
receiving debt collection notices relating to such
indebtedness.
(B) <<NOTE: Timeline.>> Identification of
administrative actions the Secretary of Veterans Affairs
and the Secretary of the Treasury can carry out to
reduce the number of incorrect or unknown addresses of
such individuals in the databases of the Department
Veterans Affairs and the Department of the Treasury and
a timeline for carrying out such actions.
(C) <<NOTE: Cost estimate.>> An estimate of the
costs associated with sending debt collection notices to
such individuals by certified mail.
(D) An analysis of whether, or to what extent,
sending debt collection notices to such individuals by
certified mail would address the problem analyzed under
subparagraph (A).
(E) An analysis of the requirements and resources
that would be necessary for the Secretary of Veterans
Affairs to establish a method for the Secretary to
display in one consolidated document the details
regarding all of the debts of an individual to the
United States by virtue of such individual's
participation in a benefits program administered by the
Secretary.
(F) An analysis of the extent to which such
individuals are so indebted by reason of actions by the
Secretary or by actions of the individual, including any
trends relating to whether the actions of the individual
may be by reason of error, misrepresentation, or fraud.
(3) <<NOTE: Coordination.>> Report.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Veterans Affairs,
[[Page 132 STAT. 5380]]
in coordination with the Secretary of the Treasury, shall submit
to Congress a report on the findings of the Secretaries with
respect to the study conducted under paragraph (1).
TITLE VI--MEDICAL FACILITIES
SEC. 601. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS FOR
FISCAL YEAR 2019.
(a) In General.--The Secretary of Veterans Affairs may carry out the
following major medical facility projects in fiscal year 2019 at the
locations specified and in an amount for each project not to exceed the
amount specified for such location:
(1) <<NOTE: New York.>> Construction of a community living
center and renovation of domiciliary and outpatient facilities
in Canandaigua, New York, in an amount not to exceed
$351,980,000 (an increase of $193,000,000 as compared to the
previous authorization for such project).
(2) <<NOTE: Illinois.>> Renovation of space for a
simulation training education center in North Chicago, Illinois,
in an amount not to exceed $15,980,000.
(3) <<NOTE: Oklahoma.>> Construction of a surgical
intensive care unit and renovation to expand the operating room
suite in Oklahoma City, Oklahoma, in an amount not to exceed
$29,461,000.
(4) <<NOTE: Kentucky.>> Construction of a new medical
facility in Louisville, Kentucky, in an amount not to exceed
$450,000,000 (an increase of $300,000,000 as compared to the
previous authorization for such project).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2019
or the year in which funds are appropriated for the Construction, Major
Projects account, $847,421,000 for the projects authorized in subsection
(a).
SEC. 602. <<NOTE: 38 USC 1701 note.>> PLANS TO IMPROVE MEDICAL
FACILITIES OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) <<NOTE: Deadlines.>> Plans Required.--
(1) Plans of directors of medical facilities.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall require each director of a
medical facility of the Department of Veterans Affairs to submit
to the director of the Veterans Integrated Service Network that
covers the facility a plan to improve such facility.
(2) Plans of directors of veterans integrated service
networks.--The Secretary shall require each director of a
Veterans Integrated Service Network to submit to the Secretary,
not later than 60 days after receiving all of the plans under
paragraph (1), a plan, based on the plans received under
paragraph (1), to improve the facilities within that Veterans
Integrated Service Network in such a fashion that would improve
the ability of all facilities within that network to provide the
best and most efficient care to patients.
(b) Regular Reports.--The Secretary shall ensure that each director
of a Veterans Integrated Service Network submits to the Secretary, not
later than two years after the date of the enactment of this Act and not
less frequently than once every two years thereafter, a report on the
actions taken by the director to improve
[[Page 132 STAT. 5381]]
the facilities within that Veterans Integrated Service Network and what
further such actions might be necessary.
(c) Sense of Congress on Use of Authorities to Investigate Medical
Centers of the Department of Veterans Affairs.--It is the sense of
Congress that the Secretary of Veterans Affairs should make full use of
the authorities provided by section 2 of the Enhancing Veteran Care Act
(Public Law 115-95; 38 U.S.C. 1701 note).
TITLE VII--OTHER MATTERS
SEC. 701. HOMELESS VETERANS REINTEGRATION PROGRAMS.
Section 2021(a) of title 38, United States Code, is amended--
(1) by striking ``reintegration of homeless veterans into
the labor force.'' and inserting the following: ``reintegration
into the labor force of--''; and
(2) by adding at the end the following new paragraphs:
``(1) homeless veterans (including veterans who were
homeless but found housing during the 60-day period preceding
the date on which the veteran begins to participate in a program
under this section);
``(2) veterans participating in the Department of Veterans
Affairs supported housing program for which rental assistance is
provided pursuant to section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) or the Tribal HUD-
VA Supportive Housing (Tribal HUD-VASH) program;
``(3) Indians who are veterans and receiving assistance
under the Native American Housing Assistance and Self
Determination Act of 1996 (25 U.S.C. 4101 et seq.);
``(4) veterans described in section 2023(e) of this title or
any other veterans who are transitioning from being
incarcerated; and
``(5) veterans participating in the Department of Veterans
Affairs rapid rehousing and prevention program authorized in
section 2044 of this title.''.
SEC. 702. TECHNICAL CORRECTIONS.
(a) Title 38.--Title 38, United States Code, is amended as follows:
(1) <<NOTE: 38 USC 5501 prec.>> In the table of sections at
the beginning of chapter 55, by inserting a period at the end of
the item relating to section 5501A.
(2) In section 7463(c)(2)(B), by striking ``to answer to
answer'' and inserting ``to answer''.
(b) Veterans' Benefits Improvements Act of 1996.--Section 504 of the
Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38
U.S.C. 5101 note) is amended by redesignating the second subsection (c)
as subsection (d).
SEC. 703. <<NOTE: 38 USC 8125 note.>> MEDICAL SURGICAL PRIME
VENDOR PROGRAM.
(a) Vendors.--In procuring certain medical, surgical, and dental
supplies or laboratory supplies for medical centers of the Department of
Veterans Affairs, the Secretary of Veterans Affairs shall carry out the
Medical Surgical Prime Vendor program, or successor program, in a manner
that--
[[Page 132 STAT. 5382]]
(1) <<NOTE: Contracts.>> requires the Secretary to award
contracts to multiple regional prime vendors instead of a single
nationwide prime vendor; and
(2) prohibits a prime vendor from solely designing the
formulary of such supplies.
(b) Clinically Driven Sourcing.--
(1) Expertise.--In carrying out the formulary of supplies
under the Medical Surgical Prime Vendor program, or successor
program, the Secretary shall ensure that each employee of the
Department of Veterans Affairs who conducts formulary analyses
or makes decisions with respect to including items on the
formulary has medical expertise relevant to the items for which
the employee conducts such analyses or makes such decisions.
(2) <<NOTE: Deadline.>> Lists.--Not later than 30 days
after the date of the enactment of this Act, and every six
months thereafter with respect to any updates, the Secretary
shall submit to the Committees on Veterans' Affairs of the House
of Representatives and the Senate a list of each employee
described in paragraph (1) and the relevant medical expertise of
the employee, listed by the categories of items in the formulary
described in such paragraph.
SEC. 704. REPORT ON EXPANDING ACCESS TO DENTAL CARE FOR VETERANS
ELIGIBLE FOR HEALTH CARE FROM THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 360 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
feasibility and advisability of expanding access to dental care for
eligible veterans.
(b) <<NOTE: Analyses.>> Elements.--The report required by
subsection (a) shall include the following:
(1) An analysis of access to dental care for eligible
veterans outside of the Department, including--
(A) the percentage of eligible veterans currently
enrolled in dental insurance through a third-party
payer, including--
(i) the dental insurance plan for veterans and
survivors and dependents of veterans under section
1712C of title 38, United States Code;
(ii) the Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.);
and
(iii) employer-sponsored dental insurance;
(B) the affordability of dental insurance described
in subparagraph (A); and
(C) the comprehensiveness of benefits of dental
insurance described in subparagraph (A).
(2) An analysis of the current oral health needs of eligible
veterans, including an estimate of the number of eligible
veterans who--
(A) experience untreated cavities or decay;
(B) require dentures, implants, or other restorative
dental services; or
(C) have not received regular dental cleanings
within the two-year period preceding the report.
[[Page 132 STAT. 5383]]
(3) An analysis of the financial impact to the Department of
Veterans Affairs of providing dental care to eligible veterans,
including--
(A) whether the provision of such services would
result in a reduction in total health care costs;
(B) a cost-benefit analysis that indicates potential
cost savings to the Department over a 5-, 10-, and 20-
year period; and
(C) projected cost savings to the Department and
across the broader health care system.
(4) An analysis of the number and types of dental providers
necessary to treat eligible veterans, including--
(A) dentists;
(B) hygienists;
(C) dental technicians; and
(D) dental therapists.
(c) Categories of Eligible Veterans.--The report required by
subsection (a) shall be disaggregated by each of the following
categories of eligible veterans:
(1) Veterans enrolled in the system of annual patient
enrollment of the Department pursuant to the priority group
under subsection (a)(6) of section 1705 of such title.
(2) Veterans enrolled in such system pursuant to the
priority group under subsection (a)(5) of such section.
(3) Veterans enrolled in such system pursuant to a priority
group under any of subsections (a)(1) through (a)(4) of such
section.
(4) Veterans enrolled in such system pursuant to a priority
group under subsection (a)(7) or (a)(8) of such section.
(d) Eligible Veterans Defined.--In this section, the term ``eligible
veterans'' means veterans enrolled in the system of annual patient
enrollment of the Department of Veterans Affairs established and
operated under section 1705 of title 38, United States Code.
Approved December 31, 2018.
LEGISLATIVE HISTORY--S. 2248 (H.R. 3657):
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HOUSE REPORTS: No. 115-388 (Comm. on Veterans' Affairs) accompanying
H.R. 3657.
CONGRESSIONAL RECORD, Vol. 164 (2018):
March 1, considered and passed Senate.
Dec. 10, considered and passed House, amended.
Dec. 19, Senate concurred in House amendment.
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