[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 134 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 134
To direct the Secretary of Veterans Affairs to carry out a retraining
assistance program for unemployed veterans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2021
Mr. Moran (for himself and Mr. Tester) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to carry out a retraining
assistance program for unemployed veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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.
(b) Eligible Veterans.--
(1) In general.--For purposes of this section, an eligible
veteran is 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 a
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.--Any veteran who receives
retraining assistance under this section to pursue a covered
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, to determine whether a program of education is
designed to provide training for high-demand
occupations, the Secretary of Veterans Affairs shall
use the list of high-demand occupations compiled by the
Commissioner of Labor Statistics until the final list
is issued under subparagraph (C).
(B) Study required.--
(i) In general.--The Secretary shall enter
into an agreement with a federally funded
research and development corporation or another
appropriate non-Department of Veterans Affairs
entity for the conduct of a study to determine
which occupations are high-demand occupations.
(ii) Deadline.--The study described in
clause (i) 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 an 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 final
list issued under subparagraph (C) to determine whether
a program of education is designed to provide training
for high-demand occupations.
(E) Removal of occupations.--The Secretary may
remove occupations from the final list issued under
subparagraph (C) as the Secretary determines
appropriate.
(4) Full-time defined.--In 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.
(2) Payments.--Amounts described in paragraph (1) 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 on the date on which the eligible veteran begins
the covered program of education.
(B) 25 percent of the total amount payable shall be
paid on the date on which the eligible veteran
completes the covered program of education.
(C) 25 percent of the total amount payable shall be
paid on the date on which the eligible veteran finds
employment in a field related to the covered program of
education.
(3) Failure to complete.--
(A) Pro-rated payments.--In the case of an eligible
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 (2)(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 (2)(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 (2)(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 (2)(C); and
(II) the educational institution
may not seek payment from the veteran
for any amount that would have been
payable under paragraph (2)(C) had the
veteran found employment during such
180-day period.
(4) 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
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
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.
(5) Failure to find employment.--The Secretary shall not
make a payment under paragraph (2)(C) with respect to an
eligible veteran who completes or fails to complete a covered
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) Relation to Other Educational Assistance and Benefits.--
Retraining assistance provided under this section shall be in addition
to any other entitlement to educational assistance or benefits for
which an eligible veteran is, or has been, eligible.
(f) No Transferability.--Retraining assistance provided under this
section may not be transferred to another individual.
(g) Employment Assistance.--
(1) In general.--The Secretary of Labor shall contact each
eligible 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).
(h) 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 eligible 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.
(i) 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 days, 60 days, 90 days, and
180 days after the veteran completes such program of education to ask
the veteran about--
(1) the experience of the veteran in the retraining
assistance program; and
(2) the veteran's employment status.
(j) Quarterly Reports.--Not later than one year after the date of
the enactment of this Act, and quarterly thereafter, the Secretary of
Labor shall submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the 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.
(k) Limitation.--Not more than 35,000 eligible veterans may receive
retraining assistance under this section.
(l) 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.
(m) GAO Report.--Not later than 180 days after the termination of
the retraining assistance program under subsection (l), the Comptroller
General of the United States shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the outcomes and effectiveness of
the program.
(n) Funding.--
(1) In general.--For each fiscal year for which the
Secretary of Veterans Affairs 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 of Veterans Affairs
for the payment of readjustment benefits.
(2) Administrative costs.--There is authorized to be
appropriated $15,000,000 for administrative costs associated
with carrying out this section for each fiscal year for which
the Secretary provides retraining assistance under this
section.
(o) Initiation of Payments.--The Secretary of Veterans Affairs may
begin providing retraining assistance under this section on the date
that is 180 days after the date of the enactment of this Act.
(p) Definitions.--In this section:
(1) Active military, naval, or air service; discharge or
release.--The terms ``active military, naval, or air service''
and ``discharge or release'' have the meanings given those
terms in section 101 of title 38, United States Code.
(2) Active service.--The term ``active service'' has the
meaning given such term in section 101 of title 10, United
States Code.
(3) Covered public health emergency.--The term ``covered
public health emergency'' means--
(A) the public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to Coronavirus
Disease 2019 (COVID-19); or
(B) a domestic emergency declared, based on an
outbreak of Coronavirus Disease 2019 (COVID-19), by the
President, the Secretary of Homeland Security, or a
State or local authority.
(4) Veteran.--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 a covered public health
emergency.
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