US Codex
Pub. L.
Notes

Title VII — Other Matters

116th Congress · Approved Jan 5, 2021 · 134 Stat. 4932

TITLE VII Other Matters

Subtitle A Administrative and Other Matters

SEC. 7001. Medical Examination Protocol for Volunteer Drivers Participating in Program of Transportation Services for Veterans.

Section 111A(b) of title 38, United States Code, is amended—
(1)
by inserting “ (1)” before “ The Secretary”; and
(2)
by adding at the end the following new paragraph:

“(2)

(A) Not later than 90 days after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, the Secretary shall develop and establish a national protocol for the administration of medical examinations for volunteer drivers to participate in the program described in paragraph (1).

“(B) In developing the protocol required by subparagraph (A), the Secretary shall consult with such persons as the Secretary determines have an interest in the program described in paragraph (1).

“(C)

(i) The Secretary shall implement the protocol by first conducting a one-year pilot program using the protocol.

“(ii) After conducting the pilot program required by clause (i), the Secretary shall assess the pilot program and make such changes to the protocol as the Secretary considers appropriate.

“(iii) After making changes to the protocol under clause (ii), the Secretary shall implement the protocol in phases during the course of one year.”

SEC. 7002. Department of Veterans Affairs Advisory Committee on Tribal and Indian Affairs.

(a)
Establishment of Advisory Committee.—
(1)
In general.— Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:

Ҥ 547. Advisory Committee on Tribal and Indian Affairs

“(a) Establishment.—

(1) The Secretary shall establish an advisory committee to provide advice and guidance to the Secretary on matters relating to Indian tribes, tribal organizations, and Native American veterans.

“(2) The advisory committee established under paragraph (1) shall be known as the ‘Advisory Committee on Tribal and Indian Affairs’ (in this section referred to as the ‘Committee’).

“(3) The Committee shall facilitate, but not supplant, government-to-government consultation between the Department and Indian tribes or tribal organizations.

“(4) The Secretary shall consult with Indian tribes or tribal organizations in developing a charter for the Committee.

“(b) Membership.—

(1) The Committee shall be comprised of 15 voting members selected by the Secretary from among individuals nominated as specified under this subsection.

“(2) In selecting members under paragraph (1), the Secretary shall ensure that—

“(A) at least one member of each of the 12 service areas of the Indian Health Service is represented in the membership of the Committee nominated by Indian tribes or tribal organizations;

“(B) at least one member of the Committee represents the Native Hawaiian veteran community nominated by a Native Hawaiian Organization;

“(C) at least one member of the Committee represents urban Indian organizations nominated by a national urban Indian organization; and

“(D) not fewer than half of the members are veterans, unless the Secretary determines that an insufficient number of qualified veterans were nominated under paragraph (1).

“(3) No member of the Committee may be an employee of the Federal Government.

“(c) Terms; Vacancies.—

(1) A member of the Committee shall be appointed for a term of two years.

“(2) The Secretary shall fill a vacancy in the Committee in the same manner as the original appointment within 180 days.

“(d) Meetings.—

(1)

(A) Except as provided in subparagraph (B), the Committee shall meet in-person with the Secretary, or the Secretary’s designee, not less frequently than twice each year and hold monthly conference calls as necessary.

“(B) During a public health emergency (as defined in section 20003 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136)), meetings under subparagraph (A) may be conducted virtually.

“(2)

(A) Representatives of relevant Federal agencies may attend meetings of the Committee and provide information to the Committee.

“(B) One representative of the Office of Tribal Government Relations of the Department shall attend at each meeting of the Committee.

“(C) Representatives attending meetings under this paragraph shall not be considered voting members of the Committee.

“(D) A representative attending a meeting or providing information under this paragraph may not receive additional compensation for services performed with respect to the Committee.

“(e) Subcommittees.—

(1) The Committee may establish subcommittees.

“(2) The Secretary may, in consultation with the Committee, appoint a member to a subcommittee established under paragraph (1) who is not a member of the Committee.

“(3) Such subcommittees may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the Department.

“(f) Duties.—The duties of the Committee are as follows:

“(1) To advise the Secretary on ways the Department can improve the programs and services of the Department to better serve Native American veterans.

“(2) To identify for the Department evolving issues of relevance to Indian tribes, tribal organizations, and Native American veterans relating to programs and services of the Department.

“(3) To propose clarifications, recommendations, and solutions to address issues raised at tribal, regional, and national levels, especially regarding any tribal consultation reports.

“(4) To provide a forum for Indian tribes, tribal organizations, urban Indian organizations, Native Hawaiian organizations, and the Department to discuss issues and proposals for changes to Department regulations, policies, and procedures.

“(5) To identify priorities and provide advice on appropriate strategies for tribal consultation and urban Indian organizations conferring on issues at the tribal, regional, or national levels.

“(6) To ensure that pertinent issues are brought to the attention of Indian tribes, tribal organizations, urban Indian organizations, and Native Hawaiian organizations in a timely manner, so that feedback can be obtained.

“(7) To encourage the Secretary to work with other Federal agencies and Congress so that Native American veterans are not denied the full benefit of their status as both Native Americans and veterans.

“(8) To highlight contributions of Native American veterans in the Armed Forces.

“(9) To make recommendations on the consultation policy of the Department on tribal matters.

“(10) To support a process to develop an urban Indian organization confer policy to ensure the Secretary confers, to the maximum extent practicable, with urban Indian organizations.

“(11) To conduct other duties as recommended by the Committee.

“(g) Reports.—

(1) Not less frequently than once each year, the Committee shall submit to the Secretary and the appropriate committees of Congress such recommendations as the Committee may have for legislative or administrative action for the upcoming year.

“(2) Not later than 90 days after the date on which the Secretary receives a recommendation under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a written response to the recommendation.

“(3) Not less frequently than once every two years, the Committee shall submit to the Secretary and the appropriate committees of Congress a report describing the activities of the Committee during the previous two years.

“(4) The Secretary shall make publicly available on an Internet website of the Department—

“(A) each recommendation the Secretary receives under paragraph (1);

“(B) each response the Secretary submits under paragraph (2); and

“(C) each report the Secretary receives under paragraph (3).

“(h) Committee Personnel Matters.—A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee.

“(i) Federal Advisory Committee Act Exemption.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.

“(j) Definitions.—In this section:

“(1) The term ‘appropriate committees of Congress’ means—

“(A) the Committee on Veterans’ Affairs and the Committee on Indian Affairs of the Senate; and

“(B) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives.

“(2) The term ‘Indian tribe’ has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(3) The term ‘Native Hawaiian organization’ means any organization that—

“(A) serves the interests of Native Hawaiians;

“(B) has Native Hawaiians in substantive and policymaking positions within the organization;

“(C) has demonstrated experience working with Native Hawaiian veterans; and

“(D) shall include the Office of Hawaiian Affairs.

“(4) The term ‘Native American veteran’ has the meaning given such term in section 3765 of this title.

“(5) The term ‘Office of Hawaiian Affairs’ means the Office of Hawaiian Affairs established by the constitution of the State of Hawaii.”

“(6) The term ‘tribal organization’ has the meaning given such term in section 3765 of this title.

“(7) The term ‘urban Indian organization’ has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).”

(2)
Clerical amendment.— The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 546 the following new item:

“547. Advisory Committee on Tribal and Indian Affairs.”.

(b)
Deadline for Establishment.— The Secretary of Veterans Affairs shall establish the advisory committee required by section 547 of title 38, United States Code, as added by subsection (a)(1), not later than 180 days after the date of the enactment of this Act.
(c)
Deadline for Initial Appointments.— Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section, the Secretary shall appoint members under subsection (b)(1) of such section.
(d)
Initial Meeting.— Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section, such advisory committee shall hold its first meeting.
(e)
Report on Relation to Office of Tribal and Government Relations.—
(1)
In general.— Not later than two years after the date of the first meeting held by the advisory committee required by such section, the Secretary shall submit to Congress a report on whether and to what extent the activities of the advisory committee improve the function of the Office of Tribal and Government Relations of the Department of Veterans Affairs, aid the decisions of the Secretary, and whether and to what extent the activities of the advisory committee duplicate function of the Department performed before the enactment of this Act.
(2)
Review by advisory committee.— The Secretary shall—
(A)
give the advisory committee an opportunity to review the report required by paragraph (1) before submitting the report under such paragraph; and
(B)
include in the report submitted under such paragraph such comments as the advisory committee considers appropriate regarding the views of the advisory committee with respect to the report.

SEC. 7003. Preference for Offerors Employing Veterans.

(a)
In General.— Subchapter II of chapter 81 of title 38, United States Code, is amended by adding after section 8128 the following new section:

Ҥ 8129. Preference for offerors employing veterans

“(a) Preference.—

(1) In awarding a contract for the procurement of goods or services, the Secretary may give a preference to offerors that employ veterans on a full-time basis.

“(2) The Secretary shall determine such preference based on the percentage of the full-time employees of the offeror who are veterans.

“(b) Enforcement Penalties for Misrepresentation.—

(1) Any offeror that is determined by the Secretary to have willfully and intentionally misrepresented the veteran status of the employees of the offeror for purposes of subsection (a) may be debarred from contracting with the Department for a period of not less than five years.

“(2) If the Secretary carries out a debarment under paragraph (1), the Secretary shall—

“(A) commence debarment action against the offeror by not later than 30 days after determining that the offeror willfully and intentionally misrepresented the veteran status of the employees of the offeror as described in paragraph (1); and

“(B) complete debarment actions against such offeror by not later than 90 days after such determination.

“(3) The debarment of an offeror under paragraph (1) includes the debarment of all principals in the offeror for a period of not less than five years.”

(b)
Clerical Amendment.— The table of sections at the beginning of chapter 81 of such title is amended by inserting after the item relating to section 8128 the following new item:

“8129. Preference for offerors employing veterans.”.

SEC. 7004. Extension of Certain Employment and Reemployment Rights to Members of the National Guard Who Perform State Active Duty.

Section 4303 of title 38, United States Code, is amended—
(1)
in paragraph (13), by inserting “ State active duty for a period of 14 days or more, State active duty in response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), State active duty in response to 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),” after “ full-time National Guard duty,”;
(2)
by redesignating paragraph (15) as paragraph (16); and
(3)
by inserting after paragraph (14) the following new paragraph (15):

“(15) The term ‘State active duty’ means training or other duty, other than inactive duty, performed by a member of the National Guard of a State—

“(A) not under section 502 of title 32 or under title 10;

“(B) in service to the Governor of a State; and

“(C) for which the member is not entitled to pay from the Federal Government.”

SEC. 7005. Repayment of Misused Benefits.

(a)
In General.— Section 6107(b) of title 38, United States Code, is amended—
(1)
in paragraph (1), by striking “ In any case in which a fiduciary described in paragraph (2)” and inserting “ In any case not covered by subsection (a) in which a fiduciary”;
(2)
by striking paragraph (2); and
(3)
by redesignating paragraph (3) as paragraph (2).
(b)
Application.— The amendments made by subsection (a) shall apply with respect to any determination by the Secretary of Veterans Affairs made on or after the date of the enactment of this Act regarding the misuse of benefits by a fiduciary.

SEC. 7006. Exemption of Certain Transfers.

Section 7364(b)(1) of title 38, United States Code, is amended by adding at the end the following new sentence: “ Any amounts so transferred after September 30, 2016, shall be available without regard to fiscal year limitations, notwithstanding section 1535(d) of title 31.”.

SEC. 7007. Report and Planned Actions of the Secretary of Veterans Affairs to Address Certain High-Risk Areas of the Department of Veterans Affairs.

(a)
Report Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Comptroller General of the United States, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report outlining the plan the Secretary has developed and the actions the Secretary has taken to address the areas of concern identified by the Comptroller General for the Department of Veterans Affairs in the 2019 High-Risk List of the Government Accountability Office (GAO–19–157SP) regarding—
(1)
acquisition management; and
(2)
managing risks and improving health care.
(b)
Elements.— The report under subsection (a) shall include each of the following:
(1)
Root causes of the areas of concern described in paragraphs (1) and (2) of subsection (a).
(2)
Corrective actions and specific steps to address each root cause, including—
(A)
the progress of the Secretary in implementing those actions and steps; and
(B)
timelines and milestones the Secretary determines feasible to complete each corrective action.
(3)
Resources the Secretary determines are necessary to implement corrective actions, including—
(A)
funding;
(B)
stakeholders;
(C)
technology; and
(D)
senior officials responsible for implementing the corrective actions and reporting results.
(4)
Metrics for assessing progress in addressing the areas of concern described in paragraphs (1) and (2) of subsection (a).
(5)
Key outcomes that demonstrate progress in addressing the areas of concern described in paragraphs (1) and (2) of subsection (a).
(6)
Obstacles to implementation of the plan that the Secretary identifies.
(7)
Recommendations of the Secretary regarding legislation or funding the Secretary determines necessary to implement the plan.
(8)
Any other information the Secretary determines is relevant to understanding the progress of the Department toward the removal of the areas of concern from the High Risk List.
(c)
Annual Updates.—
(1)
Update required.— Not less than once each year during the implementation period under paragraph (2), the Secretary shall submit to Congress an update regarding implementation of each element of the plan under subsection (b).
(2)
Implementation period.— The implementation period described in this paragraph begins on the date on which the Secretary submits the report required under subsection (a) and ends on the earlier of the following dates:
(A)
The date on which the Comptroller General removes the last area of concern for the Department from the most recent High-Risk List of the Government Accountability Office.
(B)
The date that is 8 years after the date on which the Secretary submits the plan required under subsection (a).

SEC. 7008. Annual Report by Secretary of Veterans Affairs on Implementation of Priority Recommendations of Comptroller General of the United States Pertaining to Department of Veterans Affairs.

(a)
Annual Report Required.— Not later than 270 days after the date of the enactment of this Act, and not less than once during each of the subsequent 3 years, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and to the Comptroller General of the United States a report on the implementation of priority recommendations of the Comptroller General that pertain to the Department of Veterans Affairs.
(b)
Contents.— Each report submitted under subsection (a) shall include, for the period covered by the report, the following:
(1)
The progress of the Secretary in implementing all open priority recommendations of the Comptroller General for the Department of Veterans Affairs.
(2)
An explanation for each instance where the Secretary has decided not to implement, or has not fully implemented, an open priority recommendation of the Comptroller General for the Department.
(3)
A summary of the corrective actions taken and remaining steps the Secretary plans to take to implement open priority recommendations of the Comptroller General.
(c)
Supplement Not Supplant Certain Required Reports or Written Statements.— The report under this section shall not be construed to supplant any report or written statement required under section 720 of title 31, United States Code.

SEC. 7010. Department of Veterans Affairs Requirement to Provide Certain Notice to Persons Filing Claims for Damage, Injury, or Death on Standard Form 95.

Not later than 90 days after the date on which a person submits to the Secretary of Veterans Affairs a claim for damage, injury, or death on Standard Form 95, or any successor form, the Secretary shall provide to such person notice of each of the following:
(1)
The benefit of obtaining legal advice concerning such claim.
(2)
The employment status of any individual listed on the form.
(3)
If the claim involves a contractor that entered into an agreement with the Secretary, the importance of obtaining legal advice as to the statute of limitations regarding the claim in the State in which the claim arose.

Subtitle B Matters Relating to the Chief Financial Officer of Department of Veterans Affairs

SEC. 7101. Definitions.

In this subtitle:
(1)
Appropriate congressional committees.— The term “appropriate congressional committees” means the Committees on Veterans’ Affairs of the Senate and the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives.
(2)
Subordinate chief financial officer.— The term “subordinate chief financial officer”—
(A)
includes—
(i)
the chief financial officer of the Veterans Health Administration, the chief financial officer of the Office of Community Care within the Veterans Health Administration, and all chief financial officers of Veterans Integrated Service Networks within the Veterans Health Administration;
(ii)
the chief financial officer of the Veterans Benefits Administration and all chief financial officers of organizational subdivisions representing business lines within the Veterans Benefits Administration;
(iii)
the chief financial officer of the National Cemetery Administration; and
(iv)
the chief financial officer of the Office of Information and Technology; and
(B)
does not include the Inspector General.

SEC. 7102. Plans for Addressing Material Weaknesses and Providing Sufficient Authority to Chief Financial Officer of Department of Veterans Affairs.

Not later than 180 days after the date of the enactment of this Act, and annually thereafter for each of the three subsequent years, the Secretary of Veterans Affairs, acting through the Chief Financial Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees—
(1)
an action plan, including steps, related timelines, costs, progress, status of implementation, and any updates for fully addressing the material weaknesses of the Department discussed in the Management’s Discussion and Analysis section of the financial statements of the Department submitted to Congress under section 3515 of title 31, United States Code for the year preceding the year during which the report is submitted; and
(2)
a plan outlining the steps the Secretary plans to take to address the recommendations of auditors related to entity-level internal controls and to provide sufficient authority to the Chief Financial Officer of the Department to carry out the requirements of section 902 of title 31, United States Code.

SEC. 7103. Chief Financial Officer Attestation.

Concurrent with the submittal to Congress of the President’s budget request under section 1105 of title 31, United States Code, for fiscal year 2022 and each of the next three subsequent fiscal years, the Chief Financial Officer of the Department of Veterans affairs shall submit to the appropriate congressional committees each of the following:
(1)
A certification of the responsibility of the Chief Financial Officer for internal financial controls of the Department.
(2)
An attestation that the Chief Financial Officer has collaborated sufficiently with the subordinate chief financial officers of the Department to be confident in the financial projections included the budget request and supporting materials.

SEC. 7104. Chief Financial Officer Responsibility for Subordinate Chief Financial Officers.

(a)
In General.— In accordance with the responsibilities of the Chief Financial Officer of the Department of Veterans Affairs for the recruitment, selection, and training of personnel to carry out agency financial management functions pursuant to section 902(a)(5)(C) of title 31, United States Code, the Chief Financial Officer or the designee of the Chief Financial Officer within the Office of Management of the Department shall—
(1)
participate in the interview and selection panels of all subordinate chief financial officers; and
(2)
give input into the performance plans and performance evaluations of all subordinate chief financial officers.
(b)
Termination.— The requirements under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act.

Subtitle C Servicemembers Civil Relief

SEC. 7201. Clarification of Delivery of Notice of Termination of Leases of Premises and Motor Vehicles for Purposes of Relief under Servicemembers Civil Relief Act.

(a)
In General.— Section 305(c)(2) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(c)(2)) is amended—
(1)
in subparagraph (B), by striking “ or” at the end;
(2)
in subparagraph (C), by striking the period and inserting “ ; or”; and
(3)
by adding at the end the following new subparagraph:

“(D) by electronic means, including—

“(i) the direct delivery of material to an electronic address designated by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee);

“(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to the lessee, the lessor (or the lessor’s grantee), or the lessor’s agent (or the agent’s grantee); and

“(iii) other electronic means reasonably calculated to ensure actual receipt of the material by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee).”

(b)
Effective Date.— The amendments made by subsection (a) shall apply to delivery of notice of lease terminations on or after the date the enactment of this Act.

SEC. 7202. Technical Correction Regarding Extension of Lease Protections for Servicemembers under Stop Movement Orders in Response to Local, National, or Global Emergency.

(a)
In General.— Section 305(b) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(b)), as amended by Public Law 116–158, is further amended—
(1)
in paragraph (1)(C)(ii), by striking “ Secretary of Defense” and inserting “ Secretary concerned”; and
(2)
in paragraph (2)(C)(ii), by striking “ Secretary of Defense” and inserting “ Secretary concerned”.
(b)
Retroactive Application.— The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020.