“(c) Licensure of Contract Health Care Professionals.—
“(1) In general.—Notwithstanding any law regarding the licensure of health care professionals, a health care professional described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract.
“(2) Health care professional described.—A health care professional described in this paragraph is a physician, physician assistant, nurse practitioner, audiologist, or psychologist, who—
“(A) has a current unrestricted license to practice the health care profession of the physician, physician assistant, nurse practitioner, audiologist, or psychologist, as the case may be;
“(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and
“(C) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a).”
“(2)
(A) Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under section 1134a(d) of title 10.
“(B) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—
“(i) for one year or more prior to the veteran’s death; or
“(ii) for any period of time if a child was born of the marriage, or was born to them before the marriage.
“(C) No special pension shall be paid to a surviving spouse of a person under this section if such surviving spouse is receiving benefits under section 1311 or 1318 of this title.”
“(E) Section 1562(a)(2), relating to Medal of Honor special pension.”
Ҥ 1922B. Service-disabled veterans insurance
“(a) Insurance.—
(1) Beginning January 1, 2023, the Secretary shall carry out a service-disabled veterans insurance program under which a veteran is granted insurance by the United States against the death of such individual occurring while such insurance is in force.
“(2) The Secretary may only issue whole-life policies under the insurance program under paragraph (1).
“(3) The Secretary may not grant insurance to a veteran under paragraph (1) unless—
“(A) the veteran submits the application for such insurance before the veteran attains 81 years of age; or
“(B) with respect to a veteran who has attained 81 years of age—
“(i) the veteran filed a claim for compensation under chapter 11 of this title before attaining such age;
“(ii) based on such claim, and after the veteran attained such age, the Secretary first determines that the veteran has a service-connected disability; and
“(iii) the veteran submits the application for such insurance during the two-year period following the date of such determination.
“(4)
(A) A veteran enrolled in the insurance program under paragraph (1) may elect to be insured in any of the following amounts:
“(i) $10,000.
“(ii) $20,000.
“(iii) $30,000.
“(iv) $40,000.
“(v) In accordance with subparagraph (B), a maximum amount greater than $40,000.
“(B) The Secretary may establish a maximum amount to be insured under paragraph (1) that is greater than $40,000 if the Secretary—
“(i) determines that such maximum amount and the premiums for such amount—
“(I) are administratively and actuarially sound for the insurance program under paragraph (1); and
“(II) will not result in such program operating at a loss; and
“(ii) publishes in the Federal Register, and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, such maximum amount and determination.
“(5)
(A)
(i) Insurance granted under this section shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited directly to a revolving fund in the Treasury of the United States.
“(ii) Any payments on such insurance shall be made directly from such fund.
“(B)
(i) The Secretary of the Treasury may invest in and sell and retire special interest-bearing obligations of the United States for the account of the revolving fund under subparagraph (A).
“(ii) Such obligations issued for that purpose shall—
“(I) have maturities fixed with due regard for the needs of the fund; and
“(II) bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of one per centum, the rate of interest of such obligation shall be the multiple of one-eighth of one per centum nearest such market yield.
“(6)
(A) Administrative support financed by the appropriations for ‘General Operating Expenses, Department of Veterans Affairs’ and ‘Information Technology Systems, Department of Veterans Affairs’ for the insurance program under paragraph (1) shall be paid from premiums credited to the fund under paragraph (5).
“(B) Such payment for administrative support shall be reimbursed for that fiscal year from funds that are available on such insurance after claims have been paid.
“(b) Eligibility.—A veteran is eligible to enroll in the insurance program under subsection (a)(1) if the veteran has a service-connected disability, without regard to—
“(1) whether such disability is compensable under chapter 11 of this title; or
“(2) whether the veteran meets standards of good health required for other life insurance policies.
“(c) Enrollment and Waiting Period.—
(1) An eligible veteran may enroll in the insurance program under subsection (a)(1) at any time.
“(2) The life insurance policy of a veteran who enrolls in the insurance program under subsection (a)(1) does not go into force unless—
“(A) a period of two years elapses following the date of such enrollment; and
“(B) the veteran pays the premiums required during such two-year period.
“(3)
(A) If a veteran dies during the two-year period described in paragraph (2), the Secretary shall pay to the beneficiary of the veteran the amount of premiums paid by the veteran under this section, plus interest.
“(B) The Secretary—
“(i) for the initial year of the insurance program under subsection (a)(1)—
“(I) shall set such interest at a rate of one percent; and
“(II) may adjust such rate during such year based on program experience, except that the interest rate may not be less than zero percent;
“(ii) for the second and each subsequent year of the program, shall calculate such interest at an annual rate equal to the rate of return on the revolving fund under subsection (a)(5) for the calendar year preceding the year of the veteran’s death, except that the interest rate may not be less than zero percent; and
“(iii) on an annual basis, shall publish on the internet website of the Department the average interest rate calculated under clause (ii) for the preceding calendar year.
“(d) Premiums.—
(1) The Secretary shall establish a schedule of basic premium rates by age per $10,000 of insurance under subsection (a)(1) consistent with basic premium rates generally charged for guaranteed acceptance life insurance policies by private life insurance companies.
“(2) The Secretary may adjust such schedule after the first policy year in a manner consistent with the general practice of guaranteed acceptance life insurance policies issued by private life insurance companies.
“(3) Section 1912 of this title shall not apply to life insurance policies under subsection (a)(1), and the Secretary may not otherwise waive premiums for such insurance policies.
“(e) Beneficiaries.—
(1) A veteran who enrolls in the insurance program under subsection (a)(1) may designate a beneficiary of the life insurance policy.
“(2) If a veteran enrolled in the insurance program under subsection (a)(1) does not designate a beneficiary under paragraph (1) before the veteran dies, or if a designated beneficiary predeceases the veteran, the Secretary shall determine the beneficiary in the following order:
“(A) The surviving spouse of the veteran.
“(B) The children of the veteran and descendants of deceased children by representation.
“(C) The parents of the veteran or the survivors of the parents.
“(D) The duly appointed executor or administrator of the estate of the veteran.
“(E) Other next of kin of the veteran entitled under the laws of domicile of the veteran at the time of the death of the veteran.
“(f) Claims.—
(1) If the deceased veteran designated a beneficiary under subsection (e)(1)—
“(A) the designated beneficiary is the only person who may file a claim for payment under subsection (g) during the one-year period beginning on the date of the death of the veteran; and
“(B) if the designated beneficiary does not file a claim for the payment during the period described in paragraph (1), or if payment to the designated beneficiary within that period is prohibited by Federal statute or regulation, a beneficiary described in subsection (e)(2) may file a claim for such payment during the one-year period following the period described in subparagraph (A) as if the designated beneficiary had predeceased the veteran.
“(2) If the deceased veteran did not designate a beneficiary under subsection (e)(1), or if the designated beneficiary predeceased the veteran, a beneficiary described in subsection (e)(2) may file a claim for payment under subsection (g) during the two-year period beginning on the date of the death of the veteran.
“(3) If, on the date that is two years after the date of the death of the veteran, no claim for payment has been filed by any beneficiary pursuant to paragraph (1) or (2), and the Secretary has not received notice that any such claim will be so filed during the subsequent one-year period, the Secretary may make the payment to a claimant whom the Secretary determines to be equitably entitled to such payment.
“(g) Payments.—
(1) In a case described in subsection (f)—
“(A) in paragraph (1)(A), the Secretary shall pay the designated beneficiary not later than 90 days after the designated beneficiary files a complete and valid claim for payment;
“(B) in paragraph (1)(B) or (2), the Secretary shall make any payment not later than one year after the end of the period described in the applicable such paragraph, if the Secretary receives a complete and valid claim for payment in accordance with the applicable such paragraph; or
“(C) in paragraph (3), the Secretary shall make any payment not later than one year after the end of the period described in such paragraph, if the Secretary receives a complete and valid claim for payment.
“(2) In a case where the Secretary has not made an insurance payment under this section during the applicable period specified in paragraph (1) by reason of a beneficiary not yet having filed a claim, or the Secretary not yet making a determination under subsection (f)(3), the Secretary may make the payment after such applicable period.
“(3) Notwithstanding section 1917 of this title, the Secretary shall make an insurance payment under this section in a lump sum.
“(4) The Secretary may not make an insurance payment under this section if such payment will escheat to a State.
“(5) Any payment under this subsection shall be a bar to recovery by any other person.”
“1922B. Service-disabled veterans insurance.”.
“(d)
(1) The Secretary may not accept any application by a veteran to be insured under this section after December 31, 2022.
“(2)
(A) During the period beginning January 1, 2023, and ending December 31, 2025, a veteran who is insured under this section may elect to instead be insured under section 1922B of this title based on the age of the veteran at the time of such election.
“(B)
(i) A veteran who elects under subparagraph (A) to be insured under section 1922B of this title shall be subject to the two-year waiting period specified in subsection (c) of such section.
“(ii) If the veteran dies during such period, the Secretary shall pay the beneficiary under this section, and, if applicable, under section 1922A, plus the amount of premiums paid by the veteran under such section 1922B, plus interest.
“(3) Except as provided by paragraph (2)(B), a veteran may not be insured under this section and section 1922B simultaneously.”
“1922. Legacy service disabled veterans’ insurance.
“1922A. Legacy supplemental service disabled veterans’ insurance for totally disabled veterans.”.
“(l)
(1) If a claim for benefits under this section is denied, the Secretary concerned shall provide to the member at the same time as the member is informed of such denial a description of the following:
“(A) Each reason for that denial, including a description of all the information upon which the denial is based and a description of the applicable laws, regulations, or policies, with appropriate citations, and an explanation of how such laws, regulations, or policies affected the denial.
“(B) Each finding that is favorable to the member.
“(2) Any finding favorable to the member as described in paragraph (1)(B) shall be binding on all subsequent reviews or appeals of the denial of the claim, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.”
“(d)
(1) The Secretary shall publish in a central location on the internet website of the Department—
“(A) the disability benefit questionnaire forms of the Department for the submittal of evidence from non-Department medical providers regarding a disability of a claimant, including any form or process that replaces any such disability benefit questionnaire form; and
“(B) details about the process used by the Department for submittal of evidence described in subparagraph (A).
“(2) Subject to section 6103 of this title, if the Secretary updates a form described in paragraph (1)(A), the Secretary shall—
“(A) accept the previous version of the form filed by a claimant if—
“(i) the claimant provided to the non-Department medical provider the previous version of the form before the date on which the updated version of the form was made available; and
“(ii) the claimant files the previous version of the form during the one-year period following the date the form was completed by the non-Department medical provider;
“(B) request from the claimant (or from a non-Department medical provider if the claimant has authorized the provider to share health information with the Secretary) any other information that the updated version of the form requires; and
“(C) apply the laws and regulations required to adjudicate the claim as if the claimant filed the updated version of the form.
“(3) The Secretary may waive any interagency approval process required to approve a modification to a disability benefit questionnaire form if such requirement only applies by reason of the forms being made public.”
Ҥ 5320. Threshold for reporting debts to consumer reporting agencies
“The Secretary shall prescribe regulations that establish the minimum amount of a claim or debt, arising from a benefit administered by the Under Secretary for Benefits or Under Secretary for Health, that the Secretary will report to a consumer reporting agency under section 3711 of title 31.”
“5320. Threshold for reporting debts to consumer reporting agencies.”.
“(7) The term ‘veteran’ also includes, for purposes of home loans, an individual who performed full-time National Guard duty (as that term is defined in section 101 of title 10) for a period—
“(A) of not less than 90 cumulative days; and
“(B) that includes 30 consecutive days.”
“(G) Each individual described in section 3701(b)(7) of this title.”
“(D)
(i) The term ‘initial loan’ means a loan to a veteran guaranteed under section 3710 or made under section 3711 of this title if the veteran has never obtained a loan guaranteed under section 3710 or made under section 3711 of this title.
“(ii) If a veteran has obtained a loan guaranteed under section 3710 or made under section 3711 of this title and the dwelling securing such loan was substantially damaged or destroyed by a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary shall treat as an initial loan, as defined in clause (i), the next loan the Secretary guarantees or makes to such veteran under section 3710 or 3711, respectively, if—
“(I) such loan is guaranteed or made before the date that is three years after the date on which the dwelling was substantially damaged or destroyed; and
“(II) such loan is only for repairs or construction of the dwelling, as determined by the Secretary.”
; and
“(g)
(1) Whenever the Secretary finds that an overpayment has been made to, or on behalf of, a person described in paragraph (2), the Secretary shall determine—
“(A) the amounts to recover, if any; and
“(B) who is liable to the United States for such overpayment.
“(2) A person described in this paragraph is any of the following:
“(A) An individual who applied for assistance—
“(i) under this chapter; or
“(ii) under chapter 31 of this title who is pursuing a rehabilitation program under such chapter in acquiring adaptations to a residence.
“(B) An owner or seller of real estate used, or intended to be used, in connection with assistance under this chapter.
“(C) A builder, contractor, supplier, tradesperson, corporation, trust, partnership, or other person, who provided services or goods relating to assistance under this chapter.
“(D) An attorney, escrow agent, or financial institution, that receives, or holds in escrow, funds relating to assistance under this chapter.
“(E) A surviving spouse, heir, assignee, or successor in interest of or to, any person described in this paragraph.
“(3)
(A) Any overpayment referred to in this subsection may be recovered in the same manner as any other debt due the United States.
“(B) In recovering the overpayment, the Secretary may charge administrative costs, fees, and interest, as appropriate, in a manner similar to the authority under section 5315 of this title.
“(4)
(A) The recovery of any overpayment referred to in this subsection may be waived by the Secretary.
“(B) Waiver of any such overpayment as to a person described in paragraph (2) shall in no way release any other person described in such paragraph from liability.
“(5) The Secretary shall waive recovery under this subsection of any overpayment to a person described in paragraph (2)(A), or a dependent or survivor of such person, that arises from administrative error described in paragraph (7)(A).
“(6) Nothing in this subsection shall be construed as precluding the imposition of any civil or criminal liability under this title or any other law.
“(7) The Secretary shall prescribe in regulations what constitutes an overpayment for the purposes of this subsection, which, at a minimum, shall include—
“(A) administrative error that results in an individual receiving assistance to which that individual is not entitled;
“(B) the failure of any person described in paragraph (2) to—
“(i) perform or allow to be performed any act relating to assistance under this chapter; or
“(ii) compensate any party performing services or supplying goods relating to assistance under this chapter; and
“(C) any disbursement of funds relating to assistance under this chapter, that, in the sole discretion of the Secretary, constitutes a misuse of such assistance.
“(8) Prior to collecting an overpayment under this subsection, the Secretary shall provide to the person whom the Secretary has determined liable for such overpayment—
“(A) notice of the finding by the Secretary of such overpayment;
“(B) a reasonable opportunity for such person to remedy the circumstances that effectuated the overpayment; and
“(C) a reasonable opportunity for such person to present evidence to the Secretary that an overpayment was not made.
“(9) For the purposes of section 511 of this title, a decision to collect an overpayment from a person other than a person described in paragraph (2)(A), or a dependent or survivor of such person, may not be treated as a decision that affects the provision of benefits.”
“(c) Covered Veterans’ Cemetery Defined.—In this section, the term ‘covered veterans’ cemetery’ means a veterans’ cemetery—
“(1) in which a deceased veteran described in subsection (b) is eligible to be buried;
“(2) that—
“(A) is owned by a State; or
“(B) is on trust land owned by, or held in trust for, a tribal organization; and
“(3) for which the Secretary has made a grant under section 2408 of this title.”
“2308. Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery.”.
“(2) A veteran described in this paragraph is a deceased veteran who is not covered by section 2307 of this title and who meets any of the following criteria:
“(A) The deceased veteran dies in—
“(i) a facility of the Department (as defined in section 1701(3) of this title) to which the deceased veteran was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or
“(ii) an institution at which the deceased veteran was, at the time of death, receiving—
“(I) hospital care in accordance with sections 1703A, 8111, and 8153 of this title;
“(II) nursing home care under section 1720 of this title; or
“(III) nursing home care for which payments are made under section 1741 of this title.
“(B) At the time of death, the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) is in receipt of compensation under chapter 11 of this title (or but for the receipt of retirement pay would have been entitled to such compensation) or was in receipt of pension under chapter 15 of this title.
“(C) The Secretary determines—
“(i) the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) has no next of kin or other person claiming the body of the deceased veteran; and
“(ii) that there are not available sufficient resources to cover burial and funeral expenses.”
“2303. Death from non-service-connected disability; plot allowance.”.
“(2)
(A) The use of outer burial receptacles in a cemetery under the control of the National Cemetery Administration or in a cemetery that is the subject of a grant to a State or a tribal organization under section 2408 of this title shall be in accordance with regulations or procedures approved by the Secretary of Veterans Affairs.
“(B) The use of outer burial receptacles in Arlington National Cemetery shall be in accordance with regulations or procedures approved by the Secretary of the Army.
“(C) The use of outer burial receptacles in a national cemetery administered by the National Park Service shall be in accordance with regulations or procedures approved by the Secretary of the Interior.”
“(i)
(1) In addition to any other authority under this section, in the case of an individual whose grave is not in a covered cemetery (as that term is defined in subsection (f)(2)) and for whom the Secretary has furnished a headstone or marker under subsection (a) or (d), the Secretary, if feasible and upon request, may replace the headstone or marker to add an inscription for the surviving spouse or eligible dependent child of such individual following the death of the surviving spouse or eligible dependent child.
“(2) If the spouse or eligible dependent child of an individual referred to in paragraph (1) predeceases the individual, the Secretary may, if feasible and upon request, include an inscription for the spouse or dependent child on the headstone or marker furnished for the individual under subsection (a) or (d).”
“(g)
(1) The Secretary may make a grant to a county under this section only if—
“(A)
(i) the State in which the county is located does not have a veterans’ cemetery owned by the State;
“(ii) the State is not in receipt of a grant under this section for the construction of a new veterans’ cemetery to be owned by the State;
“(iii) the State did not apply for a grant under this section during the previous year;
“(iv) no tribal organization from the State in which the county is located has a veterans’ cemetery on trust land owned by, or held in trust for, the tribal organization;
“(v) no such tribal organization is in receipt of a grant under this section for the construction of a new veterans’ cemetery to be located on such land; and
“(vi) no such tribal organization applied for a grant under this section during the previous year; and
“(B) the county demonstrates in the application under subsection (a)(2), to the satisfaction of the Secretary, that the county has the resources necessary to operate and maintain the veterans’ cemetery owned by the county.
“(2)
(A) If a county and the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the State.
“(B) If a county and a tribal organization from the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the tribal organization.
“(3) The Secretary shall prescribe regulations to carry out this subsection.”
; and
“2408. Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans’ cemeteries.”.
“(h)
(1) In lieu of furnishing a headstone or marker under this section for a deceased individual described in paragraph (3), the Secretary shall furnish, upon request and at the expense of the United States—
“(A) an urn made of any material to signify the individual’s status as a veteran, in which the remains of such individual may be placed at private expense; or
“(B) a commemorative plaque signifying the individual’s status as a veteran.
“(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual—
“(A) a headstone or marker under this section; or
“(B) any burial benefit under section 2402 of this title.
“(3) A deceased individual described in this paragraph is an individual—
“(A) who served in the Armed Forces on or after April 6, 1917;
“(B) who is eligible for a headstone or marker furnished under subsection (d) (or would be so eligible but for the date of the death of the individual); and
“(C) whose remains were cremated and not interred in a national cemetery, a State veterans’ cemetery, a tribal cemetery, a county cemetery, or a private cemetery.
“(4)
(A) Any urn or commemorative plaque furnished under this subsection shall be the personal property of the next of kin or such other individual as the Secretary considers appropriate.
“(B) The Federal Government shall not be liable for any damage to an urn or commemorative plaque furnished under this subsection that occurs after the date on which the urn or commemorative plaque is so furnished.
“(5) The Secretary shall prescribe regulations to carry out this subsection.”
“(c)
(1) A grant under this section for a purpose described in subparagraph (A) or (B) of subsection (a)(1) may be used, solely or in part, for training costs, including travel expenses and up to four weeks of lodging expenses, associated with attendance by employees of a veterans’ cemetery owned by a State or on trust land owned by, or held in trust for, a tribal organization at training provided by the National Cemetery Administration.
“(2) Any employee described in paragraph (1) who participates in training described in such paragraph shall fulfill a service requirement as determined by the Secretary.
“(3) The Secretary may by regulation prescribe such additional terms and conditions for grants used for training costs under this subsection as the Secretary considers appropriate.”