[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 637 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 637
To direct the Secretary of Veterans Affairs to provide retraining
assistance to certain veterans unemployed by reason of the COVID-19
public health emergency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2021
Mr. Bost introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to provide retraining
assistance to certain veterans unemployed by reason of the COVID-19
public health emergency.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Economic Recovery Act of
2021''.
SEC. 2. COVID-19 VETERAN RAPID RETRAINING ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a program under which the Secretary shall provide up to 12 months of
retraining assistance to an eligible veteran for the pursuit of a
covered program of education. Such retraining assistance shall be in
addition to any other entitlement to educational assistance or benefits
for which a veteran is, or has been, eligible.
(b) Eligible Veterans.--
(1) In general.--For purposes of this section, the term
``eligible veteran'' means a veteran who--
(A) as of the date of the receipt by the Department
of Veterans Affairs of the application for assistance
under this section, is at least 22 years of age but not
more than 66 years of age;
(B) as of such date, is unemployed by reason of the
covered public health emergency, as certified by the
veteran;
(C) as of such date, is not eligible to receive
educational assistance under chapter 30, 31, 32, 33, or
35 of title 38, United States Code, or chapter 1606 of
title 10, United States Code;
(D) is not enrolled in any Federal or State jobs
program;
(E) is not in receipt of compensation for a
service-connected disability rated totally disabling by
reason of unemployability; and
(F) will not be in receipt of unemployment
compensation (as defined in section 85(b) of the
Internal Revenue Code of 1986), including any cash
benefit received pursuant to subtitle A of title II of
division A of the CARES Act (Public Law 116-136), as of
the first day on which the veteran would receive a
housing stipend payment under this section.
(2) Treatment of veterans who transfer entitlement.--For
purposes of paragraph (1)(C), a veteran who has transferred all
of the veteran's entitlement to educational assistance under
section 3319 of title 38, United States Code, shall be
considered to be a veteran who is not eligible to receive
educational assistance under chapter 33 of such title.
(3) Failure to complete.--A veteran who receives retraining
assistance under this section to pursue a program of education
and who fails to complete the program of education shall not be
eligible to receive additional assistance under this section.
(c) Covered Programs of Education.--
(1) In general.--For purposes of this section, a covered
program of education is a program of education (as such term is
defined in section 3452(b) of title 38, United States Code) for
training, pursued on a full-time or part-time basis--
(A) that--
(i) is approved under chapter 36 of such
title;
(ii) does not lead to a bachelors or
graduate degree; and
(iii) is designed to provide training for a
high-demand occupation, as determined under
paragraph (3); or
(B) that is a high technology program of education
offered by a qualified provider, under the meaning
given such terms in section 116 of the Harry W. Colmery
Veterans Educational Assistance Act of 2017 (Public Law
115-48; 38 U.S.C. 3001 note).
(2) Accredited programs.--In the case of an accredited
program of education, the program of education shall not be
considered a covered program of education under this section if
the program has received a show cause order from the accreditor
of the program during the five-year period preceding the date
of the enactment of this Act.
(3) Determination of high-demand occupations.--
(A) Initial implementation.--In carrying out this
section, the Secretary shall use the list of high-
demand occupations compiled by the Commissioner of
Labor Statistics until the final list under
subparagraph (C) is complete.
(B) Study required.--The Secretary of Veterans
Affairs shall enter into an agreement with a federally
funded research and development corporation or another
appropriate non-Department entity for the conduct of a
study to determine which occupations are high-demand
occupations. Such study shall be completed not later
than 90 days after the date of the enactment of this
Act.
(C) Final list.--The Secretary--
(i) may add or remove occupation from the
list in use pursuant to subparagraph (A) during
the 90-day period following the completion of
the study required by subparagraph (B);
(ii) shall issue a final list of high-
demand occupations for use under this section
by not later than 90 days after the date of the
completion of the study; and
(iii) shall make such final list publicly
available on a website of the Department.
(D) Use of list.--The Secretary shall use the list
developed under this paragraph in order to apply the
requirement that retraining assistance under this
section is used for training for a high-demand
occupation, but the Secretary may remove occupations
from the list as the Secretary determines appropriate.
(4) Full-time defined.--For purposes of this subsection,
the term ``full-time'' has the meaning given such term under
section 3688 of title 38, United States Code.
(d) Amount of Assistance.--
(1) Retraining assistance.--The Secretary of Veterans
Affairs shall provide to an eligible veteran pursuing a covered
program of education under the retraining assistance program
under this section an amount equal to the amount of educational
assistance payable under section 3313(c)(1)(A) of title 38,
United States Code, for each month the veteran pursues the
covered program of education. Such amount shall be payable
directly to the educational institution offering the covered
program of education pursued by the veteran as follows:
(A) 50 percent of the total amount payable shall be
paid when the eligible veteran begins the program of
education.
(B) 25 percent of the total amount payable shall be
paid when the eligible veteran completes the program of
education.
(C) 25 percent of the total amount payable shall be
paid when the eligible veteran finds employment in a
field related to the program of education.
(2) Failure to complete.--
(A) Pro-rated payments.--In the case of a veteran
who pursues a covered program of education under the
retraining assistance program under this section, but
who does not complete the program of education, the
Secretary shall pay to the educational institution
offering such program of education a pro-rated amount
based on the number of months the veteran pursued the
program of education in accordance with this paragraph.
(B) Payment otherwise due upon completion of
program.--The Secretary shall pay to the educational
institution a pro-rated amount under paragraph (1)(B)
when the veteran provides notice to the educational
institution that the veteran no longer intends to
pursue the program of education.
(C) Nonrecovery from veteran.--In the case of a
veteran referred to in subparagraph (A), the
educational institution may not seek payment from the
veteran for any amount that would have been payable
under paragraph (1)(B) had the veteran completed the
program of education.
(D) Payment due upon employment.--
(i) Veterans who find employment.--In the
case of a veteran referred to in subparagraph
(A) who finds employment in a field related to
the program of education during the 180-day
period beginning on the date on which the
veteran withdraws from the program of
education, the Secretary shall pay to the
educational institution a pro-rated amount
under paragraph (1)(C) when the veteran finds
such employment.
(ii) Veterans who do not find employment.--
In the case of a veteran referred to in
subparagraph (A) who does not find employment
in a field related to the program of education
during the 180-day period beginning on the date
on which the veteran withdraws from the program
of education--
(I) the Secretary shall not make a
payment to the educational institution
under paragraph (1)(C); and
(II) the educational institution
may not seek payment from the veteran
for any amount that would have been
payable under paragraph (1)(C) had the
veteran found employment during such
180-day period.
(3) Housing stipend.--For each month that an eligible
veteran pursues a covered program of education under the
retraining assistance program under this section, the Secretary
shall pay to the veteran a monthly housing stipend in an amount
equal to--
(A) in the case of a covered program of education
leading to a degree, or a covered program of education
not leading to a degree, at an institution of higher
learning (as that term is defined in section 3452(f) of
title 38, United States Code) pursued on more than a
half-time basis, the amount specified under subsection
(c)(1)(B) of section 3313 of title 38, United States
Code;
(B) in the case of a covered program of education
other than a program of education leading to a degree
at an institution other than an institution of higher
learning pursued on more than a half-time basis, the
amount specified under subsection (g)(3)(A)(ii) of such
section; or
(C) in the case of a covered program of education
pursued on less than a half-time basis, or a covered
program of education pursued solely through distance
learning on more than a half-time basis, the amount
specified under subsection (c)(1)(B)(iii) of such
section.
(4) Failure to find employment.--The Secretary shall not
make a payment under paragraph (1)(C) with respect to an
eligible veteran who completes or fails to complete a program
of education under the retraining assistance program under this
section if the veteran fails to find employment in a field
related to the program of education within the 180-period
beginning on the date on which the veteran withdraws from or
completes the program.
(e) No Transferability.--Retraining assistance provided under this
section may not be transferred to another individual.
(f) Employment Assistance.--
(1) In general.--The Secretary of Labor shall contact each
veteran who pursues a covered program of education under this
section--
(A) not later than 30 days after the date on which
the veteran begins the program of education to notify
the veteran of the availability of employment placement
services upon completion of the program; and
(B) not later than 14 days after the date on which
the veteran completes, or terminates participation in,
such program to facilitate the provision of employment
placement services to such veteran.
(2) Provision of information.--The Secretary of Veterans
Affairs shall provide to the Secretary of Labor such
information as may be necessary to carry out paragraph (1).
(g) Nonprofit Organization.--
(1) In general.--The Secretary of Veterans Affairs shall
seek to enter into a memorandum of understanding with one or
more qualified nonprofit organizations for the purpose of
facilitating the employment of veterans who participate in the
retraining assistance program under this section.
(2) Qualified nonprofit organization.--For purposes of this
subsection, a qualified nonprofit organization is a nonprofit
organization that--
(A) is an association of businesses; and
(B) has at least two years of experience providing
job placement services for veterans.
(h) Follow up Outreach.--The Secretary of Veterans Affairs, in
coordination with the Secretary of Labor shall contact each veteran who
completes a covered program of education under the retraining
assistance program under this section 30, 60, 90, and 180 days after
the veteran completes such program of education to ask the veteran
about the experience of the veteran in the retraining assistance
program and the veteran's employment status.
(i) Quarterly Reports.--Not later than the date that is one year
after the date of the enactment of this Act, and quarterly thereafter,
the Secretary of Labor shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report containing
the following information about veterans who participate in the
retraining assistance program under this section:
(1) The percentage of such veterans who found employment
before the end of the second calendar quarter after exiting the
program.
(2) The percentage of such veterans who found employment
before the end of the fourth calendar quarter after exiting the
program.
(3) The median earnings of all such veterans for the second
quarter after exiting the program.
(4) The percentage of such veterans who attain a recognized
postsecondary credential during the 12-month period after
exiting the program.
(j) Limitation.--Not more than 35,000 eligible veterans may receive
retraining assistance under this section.
(k) Termination.--No retraining assistance may be paid under this
section after the date that is 21 months after the date of the
enactment of this Act.
(l) GAO Report.--Not later than 180 days after the termination of
the retraining assistance program under subsection (k), the Comptroller
General shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the outcomes and
effectiveness of the program.
(m) Definitions.--In this section:
(1) The term ``covered public health emergency'' means the
declaration--
(A) of a public health emergency, based on an
outbreak of COVID-19 by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
(B) of a domestic emergency, based on an outbreak
of COVID-19 by the President, the Secretary of Homeland
Security, or State, or local authority.
(2) The term ``veteran'' means--
(A) a person who served in the active military,
naval, or air service, and who was discharged or
released therefrom under conditions other than
dishonorable; or
(B) a member of a reserve component of the Armed
Forces who performs active service for a period of 30
days or longer by reason of the covered public health
emergency.
(3) The term ``active service'' has the meaning given such
term in section 101 of title 10, United States Code.
(n) Funding.--
(1) In general.--For each fiscal year for which the
Secretary provides retraining assistance under this section,
such sums as may be necessary shall be made available for such
assistance from funds appropriated to, or otherwise made
available to, the Department for the payment of readjustment
benefits.
(2) Administrative costs.--There is authorized to be
appropriated $15,000,000 to carry out administrative functions
of this section.
(o) Initiation of Payments.--The Secretary may begin providing
retraining assistance under this section on the date that is 180 days
after the date of the enactment of this Act.
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