Mike Bost
Representative for Illinois · Republican · United States
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
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“``(e) Covered Employee Defined.--In this section, the term `covered employee' means an employee of the Board who is-- ``(1) not a member of the Board; and ``(2) responsible for drafting decisions of the Board.''. (ii) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101A the following new item: ``7101B. Training program for Members of Board on timely and correct adjudication of appeals.''.”
“In developing such method, the Secretary shall consider best practices for assessing the effectiveness of training programs, including the Kirkpatrick evaluation model. ``(d) Report.--The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes, with respect to the period covered by the report-- ``(1) a statement of the topics of the training provided pursuant to this section, disaggregated by-- ``(A) mandatory training; and ``(B) non-mandatory training; and ``(2) the results of the assessment of the effectiveness of such program required under subsection (c).”
“``(b) Required Considerations.--In carrying out the program required by subsection (a), the Secretary shall consider the following: ``(1) Feedback, if any, from members of the Board and covered employees with respect to such program. ``(2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. ``(3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim. ``(c) Assessments of Effectiveness.--The Secretary, in conjunction with the Chairman of the Board of Veterans' Appeals, shall develop a method to assess, on an annual basis, the effectiveness of the training program under this section.”
“(2) Training program for certain employees of board of veterans' appeals; performance reviews.-- (A) Training program.-- (i) In general.--Chapter 71 of such title (as amended by paragraph (1)) is further amended by inserting after section 7101A the following new section: [[Page H4554]] ``Sec. 7101B. Training program for members of Board on timely and correct adjudication of appeals ``(a) In General.--The Secretary, in conjunction with the Chairman of the Board of Veterans' Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter.”
“``(4) The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of-- ``(A) elements, if any of the process of the Board for reviewing an appeal under this chapter that lead to errors in decisions of the Board; and ``(B) the most common reasons that a claim for a benefit under a law administered by the Secretary was remanded to such Board by the Court of Appeals for Veterans Claims.''. (B) Deadline.--The Secretary shall submit the first report required by paragraph (2) of such section (as added by subparagraph (A)) by not later than one year after the date of the enactment of this Act.”
“``(2) In developing policies and procedures to measure quality in decisions of the Board pursuant to clause (i) of subparagraph (A) of paragraph (1), the Chairman shall consider the data and trends maintained and identified pursuant to clause (ii) of such subparagraph. ``(3) The Chairman may use technology, including artificial intelligence, to maintain such data and identify such trends.”
“Under such program, the Chairman shall-- ``(A) develop policies and procedures for-- ``(i) measuring quality in such decisions; ``(ii) maintaining data and identifying trends with respect to-- ``(I) errors in such decisions; ``(II) errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and ``(III) specific members of the Board that issued decisions that were subsequently vacated by the Court of Appeals for Veterans Claims; and ``(iii) ensuring any such decision of the Board to remand a claim for a benefit under a law administered by the Secretary is necessary under any applicable law or regulation; ``(B) with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims-- ``(i) inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded; ``(ii) provide any such employee with a copy of the relevant order of the Court of Appeals for Veterans Claims (including a copy of any accompanying joint motion for remand); and ``(iii) provide incentives to such employees to review such relevant orders and joint motions for remand; and ``(C) ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error.”
“(E) Definitions.--In this paragraph: (i) The term ``FFRDC'' means a federally funded research and development center. (ii) The term ``veterans service organization'' means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. (c) Improvements to System for Adjudication of Claims for Benefits Under Laws Administered by Secretary of Veterans Affairs.-- (1) Program for quality assurance in decisions of board of veterans' appeals; performance reviews.-- (A) In general.--Section 7101 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) The Chairman shall carry out a program to ensure quality in the decisions of the Board.”
“(D) Report; implementation.-- (i) In general.--Not later than 90 days after the Secretary receives the assessment under subparagraph (C), the Secretary shall-- (I) submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of such assessment; and (II) begin developing policies and procedures to implement the recommendations in the assessment with respect to the authority of the Board of Veterans' Appeals referred to in subparagraph (C). (ii) Deadline.--The Secretary shall complete the development of the policies and procedures required under clause (i)(II) and submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of such policies and procedures not later than six months after the date on which the Secretary begins developing such policies and procedures.”
“(ee) Safeguards to ensure that aggregation of appeals does not diminish the requirement that each appeal be decided based on the individual facts, evidence, and circumstances specific to the claimant. (ff) Recommendations regarding quality review procedures and oversight mechanisms to monitor the impact of aggregation on claim accuracy, consistency, timeliness, and claimant outcomes.”
“(II) The recommendations shall include, but not be limited to, the following: (aa) How the Board should provide notice to claimants of the Board's intent to aggregate their claim. (bb) This shall include standards for ensuring that information provided to claimants regarding aggregation is written in plain language and clearly explains the potential effects of aggregation on adjudication timelines, appeal rights, and participation options. (cc) The options the Board should provide to claimants to opt out of participation in aggregation of their claim. (dd) The rights of the claimants to appeal decisions that arise out of aggregation of claims, and whether or not such rights may be limited by existing statute, regulation, or judicial decisions.”
“(iii)(I) The recommendations of the FFRDC with respect to rules or principles to which the Board should adhere when aggregating appeals for review pursuant to section 7104(a) of title 38, United States Code, as so amended, including-- (aa) whether the use of an opt-out system is appropriate in a class certification described in section 7104(a) of title 38, United States Code, as amended; (bb) whether aggregation described in clause (ii) is better carried out by one member, or a panel of members, of the Board; (cc) whether such aggregation may be accomplished in accordance with section 7107 of title 38, United States Code; and (dd) how an accredited representative, attorney, or authorized agent may be selected to represent a class before the Board.”
“(ii) An assessment of the authority of the Board of Veterans' Appeals to aggregate, for review, more than one appeal under chapter 71 of such title that involves common questions of law or fact pursuant to section 7104 of such title, as amended by paragraph (4)(A).”
“(C) Assessment.--An FFRDC that enters into an agreement under subparagraph (A) shall, in consultation with veterans service organizations, veterans' and survivors' advocate groups, relevant legal experts, and the Chair of the Administrative Conference of the United States (or the designee or designees of such Chair) submit to the Secretary a written assessment that includes the following: (i) The determination of the FFRDC of whether modifying the authority of the Board to permit the Board to issue precedential decisions with respect to questions of law or fact arising in matters before the Board is feasible.”
“(B) Report; briefings.--If the Secretary fails to finalize an agreement with an FFRDC under subparagraph (A) before the date that is 180 days after the date on which the Secretary enters negotiations with respect to such agreement, the Secretary shall-- (i) submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes-- (I) an explanation of the reasons the Secretary failed to satisfy such requirement; and (II) an estimate of the date on which the Secretary will finalize the agreement under subparagraph (A); and (ii) not less frequently than once every 60 days after the date on which the Secretary failed to satisfy such requirement, provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the progress of the Secretary toward finalizing such agreement.”
“(7) Independent assessment of potential modifications to authority of board of veterans' appeals.-- (A) Agreement.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with an FFRDC under which the FFRDC shall conduct an assessment of the feasibility of modifying the authority of the Board of Veterans' Appeals established under chapter 71 of title 38, United States Code, to permit the Board to issue precedential decisions with respect to questions of law or fact arising in matters before the Board.”
“(6) Study and report on common questions of law or fact before board of veterans' appeals.-- (A) Study.--The Chairman of the Board of Veterans' Appeals shall carry out a study to identify questions of law or fact the Board commonly considers when reviewing appeals pursuant to section 7104 of title 38, United States Code, for which precedential guidance would assist the Board in issuing final decisions on such appeals. The Chairman may use artificial intelligence and other technology in carrying out such study. (B) Report.--Not later than one year after the date of the enactment of this Act, the Chairman of the Board of Veterans Appeals shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report that includes the findings of the study required by subparagraph (A).”
“``(B) The period of time within which the Board is required to issue a decision on the relevant question identified in a limited remand. ``(C) Guidelines for when the Court may grant a request for a limited remand. ``(D) Guidelines for when the Court may decide sua sponte to issue a limited remand without a request from any party. ``(E) A requirement that the parties to an appeal for which a limited remand is issued provide notice to the Court when the Board [[Page H4553]] issues its decision on the relevant question identified in the limited remand. ``(3) With respect to any matter remanded to the Board pursuant to paragraph (1), the Court shall-- ``(A) retain jurisdiction over such matter; and ``(B) stay the proceedings of the Court on such matter until the date on which the Board issues the decision required by such remand.''.”
“``(c)(1) In the case of a claim for benefits under the laws administered by the Secretary, the Court may remand a matter to the Board of Veterans' Appeals for the limited purpose of ordering the Board to address a question of law or fact if the Court determines the Board failed to-- ``(A) address, in the relevant decision of the Board, an issue that-- ``(i) the claimant or the representative of the claimant raised; or ``(ii) was reasonably raised by the evidentiary record of the claim; or ``(B) provide adequate reasons or bases for the decision of the Board with respect to such question. ``(2) The Court shall issue Rules that provide for each of the following: ``(A) When and how a party to an appeal (either the appellant or the Secretary) may request that the Court issue a limited remand.”
“``(3) In the case of a claimant whose claim is decided by the Board during the period when the Court is reviewing the motion for class action review the deadline for such claimant to file an appeal to the Court with respect to the decision of the Board shall be tolled if the Court denies the motion for class action review.”
“``(2) A claimant may submit a request for administrative review of such a claim under section 5104C(a) of this title during the period beginning on the date on which the named claimant of the motion for class action review submits to the Court a motion for class action review and ending on the date that is 60 days after the later of the following dates: ``(A) The date on which the Court issues a final decision with respect to such claim. ``(B) The date on which the Court issues a final decision with respect to such motion for class action review.”
“(5) Expansion of jurisdiction of court of appeals for veterans claims.--Section 7252 of title 38, United States Code, is amended-- (A) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (B) by inserting after subsection (a) the following new subsections: ``(b)(1) In an appeal over which the Court has jurisdiction pursuant to section 7266 of this title, if the appellant files a request for class certification pursuant to the rules prescribed by the Court pursuant to section 7264 of this title, the Court shall have supplemental jurisdiction over any claim for benefits under the laws administered by the Secretary-- ``(A) filed by a claimant who satisfies the definition of the class contained in such request (including a claimant who has filed a claim for benefits under such laws that are specified in such request); and ``(B) regarding which-- ``(i) the agency of original jurisdiction has issued a nonfinal decision; and ``(ii) the claimant has filed a notice of disagreement under section 5104C(a) or section 7105 of this title, including any case in which a claimant has filed a supplemental claim within one year of a Board decision under section 5110(a)(2)(D) and 5108 of this title following a notice of disagreement and decision of the Board.”
“Each such report shall include-- ``(1) an identification of each instance in which the Board aggregated appeals during the period covered by the report, including, for each such instance, the number of appeals that were aggregated; ``(2) an assessment of whether the aggregation of appeals has contributed to improved efficiency at the Board with issuing decisions on appeals; and ``(3) such other matters as the Secretary determines appropriate. ``(i) In this section, the term `aggregate'-- ``(1) means any practice or procedure to collect common issues, claims, or appeals by multiple parties for the purposes of resolving such issues, claims, or appeals; and ``(2) includes the use of joinder, consolidation, intervention, class actions, and any other multiparty proceedings.''.”
“``(3) If the Secretary waives such requirement, the applicable member of the Board shall include, pursuant to subsection (d), a determination of such waiver in the decision of the Board.''. (C) Definition of aggregate; report.--Such section is further amended by adding at the end the following new subsections: ``(h) Not later than three years after the date on which the Secretary of Veterans Affairs completes the development of the policies and procedures required under paragraph (7)(D)(i)(II), and every five years thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the aggregation of claims by the Board under subsection (a).”
“(B) Requirement to ensure substantial compliance with certain decisions.--Such section is further amended-- (i) by redesignating subsection (f) as subsection (g); and (ii) by inserting after subsection (e) the following new subsection (f): ``(f)(1) The Secretary, acting through a member of the Board, shall ensure substantial compliance with any decision of the Board to remand a claim. ``(2) The agency of original adjudication may waive the requirement under paragraph (1) with respect to a decision of the Board to remand a claim to the Secretary, if a member of the Board determines-- ``(A) evidence added to the evidentiary record after the date of such decision is sufficient to resolve the issues underlying such decision; or ``(B) such decision was unnecessary.”
“(4) Improvements to board of veterans' appeals.-- (A) Authority to aggregate claims.--Section 7104(a) of title 38, United States Code, is amended-- (i) by inserting ``(1)'' before the first sentence; and (ii) by adding at the end the following new paragraphs: ``2(A) Subject to subparagraph (B), the Chairman of the Board may aggregate appeals that the Chairman determines involve a common question of law or fact to decide such question. ``(B) The authority under subparagraph (A) shall be effective during the period of three years beginning on the day that is 90 days after the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of policies and procedures pursuant to section 105(b)(7)(D)(i)(II) of the Take Care of America's Veterans Act.''.”
“``(b) Annual Report.--(1) The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report that includes all information maintained and tracked pursuant to subsection (a). ``(2) The first report required by paragraph (1) shall be submitted by not later than one year after the date of the enactment of the Take Care of America's Veterans Act.''. (B) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109B the following new item: ``5109C. Requirement to track and maintain information on certain claims for benefits; notice of certain assignments.''.”
“Requirement to track and maintain information on certain claims for benefits; notice of certain assignments ``(a) In General.--The Secretary shall use technology to track and maintain information (including information with respect to timeliness) on-- ``(1) claims for benefits under the laws administered by the Secretary (including issues within such claims) that are-- ``(A) continuously pursued in accordance with-- ``(i) sections 5104C(a) and 5110(a)(2) of this title; or ``(ii) any other policy established by the Secretary; ``(B) filed in the National Work Queue (or any successor system) but have not been assigned to an office of the Veterans Benefits Administration for adjudication; ``(C) afforded expeditious treatment by the Veterans Benefits Administration pursuant to section 5109B of this title or any other policy established by the Secretary; ``(D) remanded by the Board of Veterans' Appeals to the Secretary pursuant to section 7104 of this title; or ``(E) pending a hearing by the Board of Veterans' Appeals under section 7107 of this title; ``(2) instances in which an adjudicator of the Veterans Benefits Administration does not comply with a relevant decision of the Board of Veterans' Appeals to remand a claim for benefits under the laws administered by the Secretary (or an issue within such a claim), including any such instance in which the relevant decision concerned a failure on the part of the agency of original jurisdiction to satisfy the duty of the Secretary to assist under section 5103A of this title; ``(3) supplemental claims under section 5108 of this title that are filed-- ``(A) in accordance with section 5104C(a) and section 5110(a)(2) of this title; and ``(B) after the date of the applicable final decision of the Secretary with respect to a claim for benefits under the laws administered by the Secretary (or an issue within such a claim); and ``(4) first notices submitted to the Secretary of the death of individuals in receipt of benefits under the laws administered by the Secretary, disaggregated by such individuals who were-- ``(A) assigned a fiduciary; and ``(B) not assigned a fiduciary.”
“Such guidelines shall include the type of evidence that may be submitted with the motion for the advancement of the case to show grounds for such a motion. (3) Requirement to track certain claims for benefits.-- (A) In general.--Chapter 51 of title 38, United States Code, is amended by inserting after section 5109B the following new section: ``Sec. 5109C.”
“(B) Deadline.--The Secretary of Veterans Affairs shall submit the first report required by subsection (b) of section 5109B of such title (as added by subparagraph (A)) by not later than one year after the date of the enactment of this Act. (2) Guidelines for advancement of cases on docket of board.--Not later than one year after the date of the enactment of this [[Page H4552]] Act, the Secretary of Veterans Affairs, in consultation with the Board of Veterans' Appeals and the General Counsel of the Department of Veterans Affairs, shall prescribe guidelines for the advancement of a case on the docket of the Board on a motion for earlier consideration and determination under section 7107(b)(3) of title 38, United States Code.”
“(b) Improvements to Efficiency of Adjudications and Appeals of Claims for Benefits Under Laws Administered by Secretary of Veterans Affairs.-- (1) Annual report on length of adjudications.-- (A) In general.--Section 5109B of title 38, United States Code, is amended-- (i) by striking ``The Secretary'' and inserting ``(a) In General.--The Secretary''; and (ii) by adding at the end the following new subsection: ``(b) Annual Report.--The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report that includes, with respect to the period covered by the report-- ``(1) the average length of time a claim (or an issue within a claim) that was remanded by the Board of Veterans' Appeals was or has been pending before the Secretary after such remand; ``(2) the number of cases that advanced on the docket by reason of a motion that was filed under section 7107(b) of this title and on which the Board ruled, disaggregated by-- ``(A) whether a motion was granted or denied; and ``(B) the reason provided for the motion; and ``(3) the number of appeals dismissed by the Board, disaggregated by-- ``(A) whether or not the dismissal was by reason of the death of the appellant; and ``(B) in the case of a dismissal by reason of the death of the appellant, whether or not such death was a result of suicide.''.”
“(a) Prohibition on Denial of Claims for Benefits Under Laws Administered by Secretary of Veterans Affairs on Sole Basis That Veteran Failed to Appear for Certain Medical Examination.--Subsection (d) of section 5103A of title 38, United States Code, is amended-- (1) in the heading, by striking ``Compensation Claims'' and inserting ``Claims for Benefits''; (2) in paragraph (2), by striking ``treat an examination or opinion as being necessary to make a decision on a claim for purposes of'' and inserting ``provide for a medical examination or obtain a medical opinion under''; and (3) by adding at the end the following new paragraph: ``(3) If a veteran fails to appear for a medical examination provided by the Secretary in conjunction with a claim for a benefit under a law administered by the Secretary, the Secretary may not deny such claim on the sole basis that such veteran failed to appear for such medical examination.''.”
“(D) Notification to personnel.--The Secretary of Veterans Affairs shall provide information about this benefit to the Secretary of Defense to ensure that each member of a reserve component or a member of the Army National Guard of the United States or Air National Guard of the United States who completes entry level and skill training (as defined in section 3301(3) of title 38, United States Code) after the date of the enactment of this Act is notified of their eligibility for housing loan benefits under chapter 37 of such title, including eligibility (subject to the additional loan fee) under section 3701(b)(8) of such title. SEC. 105. CLAIMS: PROHIBITION ON DENIAL SOLELY FOR CERTAIN REASON; IMPROVED EFFICIENCY OF ADJUDICATIONS AND APPEALS.”
“(B) Basic entitlement.--Section 3702(a)(2) of title 38, United States Code, is amended by adding at the end the following: ``(H) Each individual described in section 3701(b)(8) of this title.''. (C) Additional loan fee for such individuals.--Section 3729(b)(4) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(J) In the case of a housing loan in which the veteran has eligibility under section 3701(b)(8) of this title and does not otherwise have eligibility, the loan fee table in paragraph (2) shall be applied to the veteran or other obligor (as applicable) by adding 1.00 to the percentage in the table.''.”
“(2) Expansion of eligibility for guaranteed housing loans to certain additional personnel upon payment of additional loan fee.-- (A) Expansion to individuals with at least 14 days of service.--Section 3701(b) of title 38, United States Code, is amended by inserting after paragraph (7) the following new paragraph: ``(8) The term `veteran' also includes, for purposes of home loans (subject to the additional loan fee in section 3729(b)(4)(J) of this title), an individual who-- ``(A) is not otherwise eligible for the benefits of this chapter; ``(B) has completed a total service of at least 14 days on active duty under paragraph (B) or (C) of paragraph (9); and ``(C) following completion of such service, continued to serve until the completion of entry level and skill training (as defined in section 3301(3) of this title).''.”
“``(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B)-- ``(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or ``(ii) full-time National Guard duty (as defined in section 101 of title 32).''. (B) Retroactive applicability to service performed.--The amendments made by this subsection shall apply with respect to any service performed on or after September 11, 2001.”
“``(B) In the case of members of the reserve components of the Armed Forces-- ``(i) service on active duty (as defined in section 101(d) of title 10), inactive-duty training (as defined in section 101(d) of title 10), or annual training duty; or ``(ii) service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 713 of title 14, but not including inactive duty training (as defined in section 101(d) of title 10) or annual training duty.”
“(c) Home Affordability for Guard and Reserve.-- (1) Eligibility of certain members of the reserve components and the national guard for guaranteed housing loans.-- (A) Expanded definition of ``active duty'' for purposes of housing loans.--Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(9) The term `active duty' has the following meanings: ``(A) In the case of a member of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A) of this title.”
“(b) Modification of Waivers of Fees Collected for Housing Loans Guaranteed, Insured, or Made by the Secretary of Veterans Affairs.-- (1) Modification.--Section 3729(b)(2) of such title is amended, in the loan fee table-- (A) in subparagraph (E), by striking ``0.50'' both places it appears and inserting ``1.42''; and (B) in subparagraph (I), by striking ``0.50'' each place it appears and inserting ``1.0''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on October 1, 2026.”
“``(3) The requirement to increase, pursuant to paragraph (1), the amounts in effect for the payment of dependency and indemnity compensation under paragraph (1) and paragraph (3) of section 1311 (a) of this title by the Secretary shall-- ``(A) take effect on December 1, 2026, and shall apply with respect to months beginning on or after such date; and ``(B) terminate after the date on which the third increase to such amounts pursuant to such paragraph occurs.''.”
“``(2) Whenever there is an increase under paragraph (1) in amounts in effect for the payment of dependency and indemnity compensation, the Secretary shall publish such amounts, as increased pursuant to such paragraph, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).”
“415(i)), the Secretary shall, except as provided in paragraph (2), effective on the date of such increase in benefit amounts, increase the dollar amounts in effect for the payment of dependency and indemnity compensation by the Secretary under paragraph (1) and paragraph (3) of section 1311(a) of this title, as such amounts were in effect immediately before the date of such increase in benefit amounts payable under title II of the Social Security Act, by a percentage equal to the sum of-- ``(A) the percentage by which such benefit amounts are increased; and ``(B) one percent.”
“(B) Effective date; applicability.--Subsection (u) of such section (as added by subparagraph (A)) shall take effect on December 1, 2026, and shall apply to months beginning on or after such date. (2) Increase to rates of dependency and indemnity compensation.--Section 5312 of such title is amended by adding at the end the following new subsection: ``(d)(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C.”
“(a) Increase in Rates of Certain Disability Compensation and Dependency and Indemnity Compensation Under Laws Administered by Secretary of Veterans Affairs.-- (1) Increase to rates of wartime disability compensation.-- (A) In general.--Section 1114 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(u) In the case of a veteran eligible for a monthly aid and attendance allowance under subsection (r) or subsection (t) of this section, the Secretary shall, in addition to the total amount of compensation for which the veteran is eligible under this section, pay the veteran a supplemental monthly allowance at the rate of $833.33.''.”
“(a) Extension.--Section 1311(a)(2) of title 38, United States Code, is amended-- (1) by inserting ``(A)'' before ``The rate''; and (2) by adding at the end the following new subparagraph: ``(B) A veteran whom the Secretary determines died from amyotrophic lateral sclerosis shall be treated as a veteran described in subparagraph (A) without regard for how long the veteran had such disease prior to death.''. [[Page H4551]] (b) Applicability.--Subparagraph (B) of section 1311(a)(2) of title 38, United States Code, as added by subsection (a), shall apply to a veteran who dies from amyotrophic lateral sclerosis on or after October 1, 2022. SEC. 104. SHARRI BRILEY AND ERIC EDMUNDSON VETERANS BENEFITS EXPANSION ACT OF 2026.”
“(c) Expansion of Definition of Dependent Under TRICARE Program to Include a Remarried Widow or Widower Whose Subsequent Marriage Has Ended.--Section 1072(2) of title 10, United States Code, is amended-- (1) in subparagraph (H), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (I)(v), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment.''. SEC. 103. EXTENSION OF INCREASED DEPENDENCY AND INDEMNITY COMPENSATION TO SURVIVING SPOUSES OF VETERANS WHO DIE FROM AMYOTROPHIC LATERAL SCLEROSIS.”
“``(4) Restoration of annuity for certain surviving spouses.--In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of this paragraph, the Secretary shall resume payment of the annuity to that surviving spouse-- ``(A) except as provided by subparagraph (B), for each month that begins on or after the date that is one year after such date of enactment; or ``(B) on the first day of the first month beginning after such date of enactment, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019.''; and (2) in subsection (k)(1)-- (A) in the paragraph heading, by striking ``if beneficiary 55 years of age or more''; (B) by striking ``subsequently loses'' and inserting ``lost''; and (C) by striking ``, and if at the time of such remarriage the surviving spouse or former spouse is 55 years of age or more'' after ``former spouse''.”
“(b) Continued Eligibility for Survivor Benefit Plan for Surviving Spouses Who Remarry.--Section 1450 of title 10, United States Code, is amended-- (1) in subsection (b)-- (A) in the section heading, by striking ``, Remarriage Before Age 55, etc.''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``or remarriage before age 55''; and (ii) by striking ``or, if the surviving spouse or former spouse remarries before reaching age 55, until the surviving spouse or former spouse remarries''; and (C) by striking paragraph (3) and inserting the following new paragraphs: ``(3) Effect of termination of subsequent marriage.--If the surviving spouse or former spouse remarries and is also entitled to an annuity under the Plan based upon the subsequent marriage when the subsequent marriage is terminated, the surviving spouse or former spouse may not receive both annuities and shall elect which annuity to receive.”
“(a) Modification of Entitlement to Veterans Dependency and Indemnity Compensation for Surviving Spouses Who Remarry.-- Section 103(d) of title 38, United States Code, is amended-- (1) in paragraph (2)(B)-- (A) by inserting ``(i)'' before ``The remarriage''; (B) in clause (i), as designated by subparagraph (A), by striking ``Notwithstanding the previous sentence'' and inserting the following: ``(ii) Notwithstanding clause (i)''; and (C) by adding at the end the following new clause: ``(iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 or 1562 of this title to the surviving spouse of a veteran.''; and (2) in paragraph (5)-- (A) by striking subparagraph (A); and (B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively.”
“(c) Effective Date.--The amendments made by this section shall apply to payments for months beginning on or after the date of the enactment of the Take Care of America's Veterans Act. SEC. 102. LOVE LIVES ON ACT.”