One Hundred Fifteenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen
S. 3479
AN ACT
To amend title 38, United States Code, to extend certain expiring provisions of law administered by the Secretary of Veterans Affairs, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Department of Veterans Affairs Expiring Authorities Act of 2018
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—Extensions of authority
Subtitle A—Health care matters
Sec. 101. Extension of authority for collection of copayments for hospital care and nursing home care.
Sec. 102. Extension of requirement to provide nursing home care to certain veterans with service-connected disabilities.
Sec. 103. Removal of authorization of appropriations to provide assistance and support services for caregivers.
Sec. 104. Making permanent authority for recovery from third parties of cost of care and services furnished to veterans with health-plan contracts for non-service-connected disability.
Sec. 105. Extension of authority for transfer of real property.
Sec. 106. Extension of authority for pilot program on assistance for child care for certain veterans receiving health care.
Sec. 107. Extension of authority to make grants to veterans service organizations for transportation of highly rural veterans.
Sec. 108. Extension of authority for pilot program on counseling in retreat settings for women veterans newly separated from service.
Sec. 109. Extension of temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from vet centers.
Subtitle B—Benefits matters
Sec. 121. Making permanent authority for temporary expansion of eligibility for specially adapted housing assistance for certain veterans with disabilities causing difficulty ambulating.
Sec. 122. Extension of authority for specially adapted housing assistive technology grant program.
Sec. 123. Making permanent authority to guarantee payment of principal and interest on certificates or other securities.
Sec. 124. Making permanent authority for calculating net value of real property at time of foreclosure.
Sec. 125. Extension of authority relating to vendee loans.
Sec. 126. Making permanent authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses.
Sec. 127. Extension of authority to enter into agreement with the National Academy of Sciences regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides.
Subtitle C—Homeless veterans matters
Sec. 141. Extension of authority for homeless veterans reintegration programs.
Sec. 142. Extension of authority for homeless women veterans and homeless veterans with children reintegration program.
Sec. 143. Extension of authority for referral and counseling services for veterans at risk of homelessness transitioning from certain institutions.
Sec. 144. Extension of authority for treatment and rehabilitation services for seriously mentally ill and homeless veterans.
Sec. 145. Extension of authority for financial assistance for supportive services for very low-income veteran families in permanent housing.
Sec. 146. Extension of authority for grant program for homeless veterans with special needs.
Sec. 147. Extension of authority for the Advisory Committee on Homeless Veterans.
Subtitle D—Other matters
Sec. 161. Extension of authority for transportation of individuals to and from Department of Veterans Affairs facilities.
Sec. 162. Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the Philippines.
Sec. 163. Extension of authority for monthly assistance allowances under the Office of National Veterans Sports Programs and Special Events.
Sec. 164. Extension of requirement to provide reports to Congress regarding equitable relief in the case of administrative error.
Sec. 165. Extension of authorization of appropriations for adaptive sports programs for disabled veterans and members of the armed forces.
Sec. 166. Extension of authority for Advisory Committee on Minority Veterans.
TITLE II—Improvement of health care from Department of Veterans Affairs
Sec. 201. Treatment of modifications of contracts under Veterans Community Care program.
Sec. 202. Modification of provision requiring recognition and acceptance, on an interim basis, of credentials and qualifications of health care providers under community care program.
Sec. 203. Expansion of coverage of Veterans Care Agreements.
Sec. 204. Modification of authority for deduction of overpayments for health care.
Sec. 205. Modification of eligibility of former members of the Armed Forces for mental and behavioral health care from the Department of Veterans Affairs.
Sec. 206. Access of health care providers of the Department of Veterans Affairs to drug monitoring programs that do not participate in the national network.
Sec. 207. Elimination of report on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees.
Sec. 208. Additional report on increased availability of opioid receptor antagonists.
Sec. 209. Expansion of health care assessment to include all territories of the United States and the assessment of extended care services.
Sec. 210. Authorization of major medical facility project at Department of Veterans Affairs West Los Angeles Medical Center.
Sec. 211. Technical amendments to VA MISSION Act of 2018 and amendments made by that Act.
TITLE III—Other matters
Sec. 301. Approval of courses of education provided by public institutions of higher education for purposes of training and rehabilitation for veterans with service-connected disabilities conditional on in-State tuition rate for veterans.
Sec. 302. Corrective action for certain Department of Veterans Affairs employees for conflicts of interest with educational institutions operated for profit.
Sec. 303. Modification of compliance requirements for particular leases relating to Department of Veterans Affairs West Los Angeles Campus.
References to title 38, United States Code
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.
Extensions of authority
Health care matters
Extension of authority for collection of copayments for hospital care and nursing home care
Section 1710(f)(2)(B) is amended by striking September 30, 2019
and inserting September 30, 2020
.
Extension of requirement to provide nursing home care to certain veterans with service-connected disabilities
Section 1710A(d) is amended by striking September 30, 2019
and inserting September 30, 2020
.
Removal of authorization of appropriations to provide assistance and support services for caregivers
Section 1720G is amended by striking subsection (e).
Making permanent authority for recovery from third parties of cost of care and services furnished to veterans with health-plan contracts for non-service-connected disability
Section 1729(a)(2)(E) is amended, in the matter preceding clause (i), by striking before September 30, 2019,
.
Extension of authority for transfer of real property
Section 8118(a)(5) is amended by striking December 31, 2018
and inserting September 30, 2020
.
Extension of authority for pilot program on assistance for child care for certain veterans receiving health care
Extension
Subsection (e) of section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1144; 38 U.S.C. 1710 note) is amended by striking September 30, 2019
and inserting September 30, 2020
.
Authorization of appropriations
Subsection (h) of such section is amended by striking and 2019
and inserting 2019, and 2020
.
Extension of authority to make grants to veterans service organizations for transportation of highly rural veterans
Section 307(d) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. 1710 note) is amended by striking 2019
and inserting 2020
.
Extension of authority for pilot program on counseling in retreat settings for women veterans newly separated from service
Extension
Subsection (d) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1143; 38 U.S.C. 1712A note) is amended by striking September 30, 2019
and inserting September 30, 2020
.
Authorization of appropriations
Subsection (f) of such section is amended by striking and 2019
and inserting 2019, and 2020
.
Extension of temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from vet centers
Section 104(a) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154; 126 Stat. 1169), as amended by section 109(a) of the Department of Veterans Affairs Expiring Authorities Act of 2017 (Public Law 115–62; 131 Stat. 1162), is amended by striking September 30, 2018
and inserting September 30, 2019
.
Benefits matters
Making permanent authority for temporary expansion of eligibility for specially adapted housing assistance for certain veterans with disabilities causing difficulty ambulating
Section 2101(a)(4) is amended by striking (A) Except
and all that follows through (B) In each of fiscal years 2014 through 2018, the Secretary
and inserting In any fiscal year, the Secretary
.
Extension of authority for specially adapted housing assistive technology grant program
Section 2108(g) is amended by striking September 30, 2018
and inserting September 30, 2020
.
Making permanent authority to guarantee payment of principal and interest on certificates or other securities
Section 3720(h) is amended—
by striking paragraph (2); and
by striking (1)
.
Making permanent authority for calculating net value of real property at time of foreclosure
Section 3732(c) is amended by striking paragraph (11).
Extension of authority relating to vendee loans
Section 3733(a)(7) is amended—
in the matter preceding subparagraph (A), by striking September 30, 2018
and inserting September 30, 2019
; and
in subparagraph (C), by striking September 30, 2018,
and inserting September 30, 2019,
.
Making permanent authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses
Section 1631(b) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended—
by striking paragraph (2); and
by striking (1) In general.—
.
Extension of authority to enter into agreement with the National Academy of Sciences regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides
Section 3(i) of the Agent Orange Act of 1991 (Public Law 102–4; 38 U.S.C. 1116 note) is amended by striking September 30, 2018
and inserting September 30, 2020
.
Homeless veterans matters
Extension of authority for homeless veterans reintegration programs
Section 2021(e)(1)(F) is amended by striking 2018
and inserting 2020
.
Extension of authority for homeless women veterans and homeless veterans with children reintegration program
Section 2021A(f)(1) is amended by striking 2018
and inserting 2020
.
Extension of authority for referral and counseling services for veterans at risk of homelessness transitioning from certain institutions
Section 2023(d) is amended by striking September 30, 2018
and inserting September 30, 2020
.
Extension of authority for treatment and rehabilitation services for seriously mentally ill and homeless veterans
General treatment
Section 2031(b) is amended by striking September 30, 2019
and inserting September 30, 2020
.
Additional services at certain locations
Section 2033(d) is amended by striking September 30, 2019
and inserting September 30, 2020
.
Extension of authority for financial assistance for supportive services for very low-income veteran families in permanent housing
Section 2044(e)(1) is amended by striking subparagraph (F) and inserting the following:
$340,000,000 for fiscal year 2018.
$380,000,000 for fiscal year 2019.
.
Extension of authority for grant program for homeless veterans with special needs
Section 2061(d)(1) is amended by striking 2019
and inserting 2020
.
Extension of authority for the Advisory Committee on Homeless Veterans
Section 2066(d) is amended by striking September 30, 2018
and inserting September 30, 2022
.
Other matters
Extension of authority for transportation of individuals to and from Department of Veterans Affairs facilities
Section 111A(a)(2) is amended by striking September 30, 2019
and inserting September 30, 2020
.
Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the Philippines
Section 315(b) is amended by striking September 30, 2018
and inserting September 30, 2019
.
Extension of authority for monthly assistance allowances under the Office of National Veterans Sports Programs and Special Events
Section 322(d)(4) is amended by striking 2019
and inserting 2020
.
Extension of requirement to provide reports to Congress regarding equitable relief in the case of administrative error
Section 503(c) is amended by striking December 31, 2018
and inserting December 31, 2020
.
Extension of authorization of appropriations for adaptive sports programs for disabled veterans and members of the armed forces
Section 521A is amended—
in subsection (g)(1), by striking 2019
and inserting 2020
; and
in subsection (l), by striking 2019
and inserting 2020
.
Extension of authority for Advisory Committee on Minority Veterans
Extension of authority
Subsection (e) of section 544 is amended by striking September 30, 2018
and inserting September 30, 2022
.
Modification of reporting requirement
Subsection (c)(1) of such section is amended, in the matter preceding subparagraph (A), by striking each year
and inserting every other year
.
Improvement of health care from Department of Veterans Affairs
Treatment of modifications of contracts under Veterans Community Care program
In general
Section 1703(h)(1) is amended—
by striking The Secretary shall
and inserting (A) The Secretary shall
; and
by adding at the end the following new subparagraph:
For purposes of subparagraph (A), the requirement to enter into consolidated, competitively bid contracts shall not restrict the authority of the Secretary under other provisions of law when modifying such a contract after entering into the contract.
.
Effective date
The amendments made by subsection (a) shall take effect on the effective date specified in section 101(b) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182).
Modification of provision requiring recognition and acceptance, on an interim basis, of credentials and qualifications of health care providers under community care program
Section 1703(h)(5)(A) is amended by striking the date of the enactment
and inserting the effective date specified in section 101(b)
.
Expansion of coverage of Veterans Care Agreements
In general
Section 1703A is amended by adding at the end the following new subsection:
Covered individual defined
In this section, the term covered individual
means any individual eligible for hospital care, medical services, or extended care services under this title or any other law administered by the Secretary.
.
Conforming amendments
Section 1703A is amended—
in subsection (a)(1)—
in subparagraph (A), by striking veteran
each place it appears and inserting covered individual
; and
in subparagraph (C)—
by striking veteran
and inserting covered individual
; and
by striking veteran’s
and inserting covered individual’s
;
in subsection (e)(2)(B), by striking veteran
each place it appears and inserting covered individual
;
in subsection (f)(2)—
in subparagraph (C), by striking veterans
and inserting covered individuals
; and
in subparagraph (D), by striking veteran
and inserting covered individual
;
in subsection (g), by striking to veterans
and inserting to covered individuals
; and
in subsection (j)—
by striking any veteran
and inserting any covered individual
; and
by striking to veterans
each place it appears and inserting to covered individuals
.
Modification of authority for deduction of overpayments for health care
Section 1703D(e)(1) is amended—
by striking shall
and inserting may
; and
by inserting before the period at the end the following: and may use any other means authorized by another provision of law to correct or recover overpayments
.
Modification of eligibility of former members of the Armed Forces for mental and behavioral health care from the Department of Veterans Affairs
Section 1720I(b)(3) is amended by striking is not otherwise eligible to enroll
and inserting is not enrolled
.
Access of health care providers of the Department of Veterans Affairs to drug monitoring programs that do not participate in the national network
Section 1730B is amended—
in subsection (a)—
in paragraph (1), by inserting , or any individual State or regional prescription drug monitoring program,
after programs
;
in paragraph (2)(A), by striking such network
and inserting the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program,
; and
in paragraph (3), by inserting , or any individual State or regional prescription drug monitoring program,
after programs; and
in subsection (c)(2) by inserting , or any individual State or regional prescription drug monitoring program,
after programs
.
Elimination of report on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees
Section 8110 is amended—
by striking subsection (c); and
by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.
Additional report on increased availability of opioid receptor antagonists
Section 911(e)(2) of the Jason Simcakoski Memorial and Promise Act (Public Law 114–198; 38 U.S.C. 1701 note) is amended by inserting and not later than one year after the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2018
before the Secretary shall
.
Expansion of health care assessment to include all territories of the United States and the assessment of extended care services
Section 213 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
in the section header, by striking Pacific territories
and inserting territories of the United States
;
in subsection (a)—
by striking 180 days
and inserting 270 days
; and
by striking Pacific territories
and inserting territories of the United States
;
in subsection (b)—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking Pacific territories
and inserting territories of the United States
; and
by adding at the end the following:
Extended care.
; and
in paragraph (2)—
by striking community-based outpatient clinic
and inserting medical facility
; and
by striking Pacific territory
and inserting territory of the United States
; and
in subsection (c)—
by striking Pacific territories
and inserting territories of the United States
;
by striking and
; and
by inserting before the period at the end the following: , Puerto Rico, and the United States Virgin Islands
.
Authorization of major medical facility project at Department of Veterans Affairs West Los Angeles Medical Center
In general
The Secretary of Veterans Affairs may carry out the major medical facility project described in subsection (b) in fiscal year 2019, in an amount not to exceed $35,000,000.
Major medical facility project
The major medical facility project described in this subsection is the construction of a new regional food services facility building on the campus of the medical center of the Department of Veterans Affairs in West Los Angeles, California, to replace the seismically deficient Building 300, Regional Food Service Facility, which is located on the north campus of the medical center as of the date of the enactment of this Act.
Technical amendments to VA MISSION Act of 2018 and amendments made by that Act
Title 38
Annual report on performance awards and bonuses
Section 726(c)(3) is amended by striking , United States Code
.
Veterans Care Agreements
Section 1703A(h)(4) is amended by striking , United States Code
.
Access standards
Section 1703B(i) is amended—
by striking (1) The term
and inserting “In this section:
The term
;
in paragraph (1), by moving subparagraphs (A) and (B) two ems to the right;
by moving paragraph (2) two ems to the right; and
in paragraph (2), by striking refers to
and inserting means
.
Standards for quality
Section 1703C(c) is amended—
by striking (c)(1) The term
and inserting “(c) Definitions.— In this section:
The term
;
in paragraph (1), by moving subparagraphs (A) and (B) two ems to the right;
by moving paragraph (2) two ems to the right; and
in paragraph (2), by striking refers to
and inserting means
.
Prompt payment standard
Section 1703D(g)(3) is amended by striking of this Act, as amended by the Caring for Our Veterans Act of 2018,
and inserting of this title
.
Remediation of medical service lines
Section 1706A is amended—
in subsection (a), in the matter preceding paragraph (1), by inserting of this title
after section 1703(e)(1)
; and
in subsection (d)(1), by striking paragraph (1)
and inserting subsection (a)
.
Walk-in care
Section 1725A is amended—
in subsection (c), by striking or other agreement
and inserting agreement, or other arrangement
; and
in subsection (f)(4), by striking Section 8153(c)
and inserting Sections 8153(c) and 1703A(j)
.
Authority to recover the cost of services furnished for non-service-connected disabilities
Section 1729(a)(2)(D) is amending by striking the period at the end and inserting ; or
.
Agreements with State homes
Section 1745(a)(4)(B)(ii)(III) is amended by striking subchapter V of chapter 17 of this title
and inserting this subchapter
.
Transplant procedures with live donors and related services
Section 1788(c) is amended by striking this chapter
and inserting this title
.
Quadrennial Veterans Health Administration review
Section 7330C is amended—
in subsection (a)—
in paragraph (1), by striking Secretary of Veterans Affairs
and inserting Secretary
;
in paragraph (2)—
in subparagraph (B), by striking Department of Veterans Affairs
and inserting Department
;
in subparagraph (C), by striking of title 38, as added by section 102
and inserting of this title
; and
in subparagraph (H)(i), by striking Department of Veterans Affairs
and inserting Department
; and
in paragraph (4)—
in subparagraph (A)(iii), by inserting of this title
after section 1703C
; and
in subparagraph (B), by inserting of this title
after section 1703(b)
;
in subsection (b)(2)(I), by inserting of this title
after section 1706A
; and
in subsection (c)—
in paragraph (1), by striking such high performing
and inserting a high-performing
; and
in paragraph (3), by inserting such
before a high-performing
.
Department of Veterans Affairs Specialty Education Loan Repayment Program
Section 7693(a)(1) is amended by striking is hired
and inserting will be eligible for appointment
.
VA MISSION ACT
Training program for administration of non-Department health care
Section 122(a)(2) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking such title
and inserting title 38, United States Code
.
Processes for safe opioid prescribing practices by non-Department providers
Section 131 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
in subsection (c)(1)—
by inserting of title 38, United States Code,
after section 1703(a)(2)(A)
;
by striking of this title
each place it appears and inserting of this Act
; and
by inserting of such title
after section 1703A(e)(2)(F)
; and
in subsection (d), by striking covered veterans
each place it appears and inserting veterans
.
Plans for supplemental appropriations
Section 141 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking Whenever the Secretary
and inserting Whenever the Secretary of Veterans Affairs
.
Telemedicine reporting requirement
Section 151(c)(1) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking section 1730B
and inserting section 1730C
.
Expansion of family caregiver program
Section 161(a)(1)(B) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by striking such title
and inserting title 38, United States Code
.
Specialty Education Loan Repayment Program
Section 303 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
in subsection (d), by inserting of Veterans Affairs
after Department
; and
in subsection (e), in the matter preceding paragraph (1), by striking established
and inserting under subchapter VIII of chapter 76 of title 38, United States Code, as enacted
.
Veterans healing veterans medical access and scholarship program
Section 304 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
in subsection (a), by striking covered medical schools
and inserting covered medical school
; and
in subsection (b)—
in paragraph (2), by striking entitled to
and inserting concurrently receiving
;
in paragraph (3), by striking 2019
and inserting 2020
; and
in paragraph (6), by striking subsection (e)
and inserting subsection (d)
;
in subsection (c)—
in paragraph (1), by striking 2019
and inserting 2020
; and
in paragraph (3), by striking 2019
and inserting 2020
;
in subsection (e), by striking 2019
and inserting 2020
; and
in subsection (f), by striking December 31, 2020
and inserting December 31, 2021
.
Development of criteria for designation of certain medical facilities as underserved facilities and plan to address problem of underserved facilities
Section 401 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
in subsection (b)(5), by adding or the applicable access standards developed under section 1703B of title 38, United States Code
after the wait-time goals of the Department
; and
in subsection (d)(2)(A), by striking section 407
and inserting section 402
.
Pilot program on graduate medical education and residency
Section 403(b)(4) of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended by inserting under
after an agreement
.
Department of Veterans Affairs medical scribe pilot program
Section 507 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182) is amended—
in subsection (b)(3), by striking as determine
and inserting as determined
; and
in subsection (c)(2)(C), by striking speciality
and inserting specialty
.
Other matters
Approval of courses of education provided by public institutions of higher education for purposes of training and rehabilitation for veterans with service-connected disabilities conditional on in-State tuition rate for veterans
In general
Section 3679(c) is amended—
in paragraph (1), by striking chapter 30 or 33
and inserting chapter 30, 31, or 33
;
in paragraph (2), by adding at the end the following new subparagraph:
An individual who is entitled to rehabilitation under section 3102(a) of this title.
;
in paragraph (3), by striking paragraph (2)(A) or (2)(B)
and inserting paragraph (2)(A), (2)(B), or (2)(C)
; and
in paragraph (6), by striking chapters 30 and 33
and inserting chapters 30, 31, and 33
.
Applicability
The amendments made by subsection (a) shall apply with respect to courses of education provided during a quarter, semester, or term, as applicable, that begins after March 1, 2019.
Corrective action for certain Department of Veterans Affairs employees for conflicts of interest with educational institutions operated for profit
In general
Section 3683 of title 38, United States Code, is amended—
by striking subsection (a) and inserting the following:
Department officers and employees
An officer or employee of the Department shall receive corrective action or disciplinary action if such officer or employee—
has, while serving as such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, any educational institution operated for profit; or
has, while serving as a covered officer or employee of the Department, received any service from any educational institution operated for profit.
In this subsection, the term covered officer or employee of the Department means an officer or employee of the Department who—
works on the administration of benefits under chapter 30, 31, 32, 33, 34, 35, or 36 of this title; or
has a potential conflict of interest involving an educational institution operated for profit, as determined by the Secretary.
;
in subsection (b)—
by striking If the Secretary
and inserting the following:
State approving agency employees
If the Secretary
;
by striking wages, salary, dividends, profits, gratuities, or services
and inserting wage, salary, dividend, profit, or gift
;
by striking in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title
;
by striking terminate the employment of
and inserting provide corrective action or disciplinary action with respect to
; and
by striking while such person is an officer or employee of the State approving agency, or State department of veterans' affairs or State department of education
and inserting until the completion of such corrective action or disciplinary action
;
in subsection (c)—
by striking A State approving agency
and inserting the following:
Disapproval of courses
A State approving agency
;
by striking of Veterans Affairs
; and
by striking wages, salary, dividends, profits, gratuities, or services
and inserting wage, salary, dividend, profit, or gift
; and
in subsection (d)—
by striking The Secretary may
and inserting the following:
Waiver authority
The Secretary may
;
by striking of Veterans Affairs
;
by striking , after reasonable notice and public hearings,
; and
by adding at the end the following new paragraph:
The Secretary shall provide public notice of any waiver granted under this subsection by not later than 30 days after the date on which such waiver is granted.
.
Effective date
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to conflicts of interest that occur on or after that date.
Modification of compliance requirements for particular leases relating to Department of Veterans Affairs West Los Angeles Campus
Section 2(h)(1) of the West Los Angeles Leasing Act of 2016 (Public Law 114–226) is amended by striking any lease or land-sharing agreement at the Campus
and inserting any new lease or land-sharing agreement at the Campus that is not in compliance with such laws
.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate