[117th Congress Public Law 333]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6121]]
Public Law 117-333
117th Congress
An Act
To make permanent certain educational assistance benefits under the laws
administered by the Secretary of Veterans Affairs in the case of changes
to courses of education by reason of emergency situations, and for other
purposes. <<NOTE: Jan. 5, 2023 - [H.R. 7939]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans Auto
and Education Improvement Act of 2022.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This Act may be cited
as the ``Veterans Auto and Education Improvement Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Educational assistance benefits during emergency situations.
Sec. 3. Extension of time limitations for use of entitlement.
Sec. 4. Extension of payment of vocational rehabilitation subsistence
allowances.
Sec. 5. Payment of work-study allowances during emergency situations.
Sec. 6. Payment of allowances to veterans enrolled in educational
institutions closed for emergency situations.
Sec. 7. Apprenticeship or on-job training requirements.
Sec. 8. Prohibition of charge to entitlement of students unable to
pursue a program of education due to an emergency situation.
Sec. 9. Department of Veterans Affairs approval of certain study-abroad
programs.
Sec. 10. Eligibility for educational assistance under Department of
Veterans Affairs Post-9/11 Educational Assistance Program of
certain individuals who receive sole survivorship discharges.
Sec. 11. Uniform application for Department of Veterans Affairs approval
of courses of education.
Sec. 12. Notice requirements for Department of Veterans Affairs
education surveys.
Sec. 13. Exception to requirement to submit verification of enrollment
of certain individuals.
Sec. 14. Expansion of eligibility for self-employment assistance under
veteran readiness and employment program.
Sec. 15. Possible definitions of certain terms relating to educational
assistance.
Sec. 16. Extension of certain limits on payments of pension.
Sec. 17. Termination of certain consumer contracts by servicemembers and
dependents who enter into contracts after receiving military
orders for permanent change of station but then receive stop
movement orders due to an emergency situation.
Sec. 18. Residence for tax purposes.
Sec. 19. Portability of professional licenses of members of the
uniformed services and their spouses.
Sec. 20. Provision of nonarticulating trailers as adaptive equipment.
Sec. 21. Eligibility for Department of Veterans Affairs provision of
additional automobile or other conveyance.
Sec. 22. Department of Veterans Affairs treatment of certain vehicle
modifications as medical services.
Sec. 23. Determination of budgetary effects.
SEC. 2. EDUCATIONAL ASSISTANCE BENEFITS DURING EMERGENCY
SITUATIONS.
(a) In General.--Chapter 36 of title 38, United States Code, is
amended--
[[Page 136 STAT. 6122]]
(1) <<NOTE: 38 USC prec. 3670, 3680.>> by redesignating
subchapters I and II as subchapters II and III, respectively;
and
(2) by inserting before subchapter II, as so redesignated,
the following new subchapter:
``SUBCHAPTER I <<NOTE: 38 USC prec. 3601.>> --EMERGENCY SITUATIONS
``Sec. 3601. <<NOTE: 38 USC 3601.>> Definition of emergency
situation
``In this chapter, the term `emergency situation' means a situation
that--
``(1) <<NOTE: President.>> the President declares is an
emergency; and
``(2) <<NOTE: Determination.>> the Secretary determines is
an emergency for purposes of the laws administered by the
Secretary.
``Sec. 3602. <<NOTE: 38 USC 3602.>> Continuation of educational
assistance benefits during emergency situations
``(a) Authority.--(1) If the Secretary determines under subsection
(c) that an individual is negatively affected by an emergency situation,
the Secretary may provide educational assistance to that individual
under the laws administered by the Secretary as if such negative effects
did not occur.
``(2) The authority under this section is in addition to the other
authorities of the Secretary to provide benefits in emergency
situations, but in no case may the Secretary provide more than a total
of four weeks of additional educational assistance by reason of any
other such authority and this section.
``(b) Housing and Allowances.--In providing educational assistance
to an individual pursuant to subsection (a), the Secretary may--
``(1) continue to pay a monthly housing stipend under
chapter 33 of this title, during a month the individual would
have been enrolled in a program of education or training but for
the emergency situation at the same rate such stipend would have
been payable if the individual had not been negatively affected
by the emergency situation, except that the total number of
weeks for which stipends may continue to be so payable may not
exceed four weeks; and
``(2) continue to pay payments or subsistence allowances
under chapters 30, 31, 32, 33, and 35 of this title and chapter
1606 of title 10 during a month for a period of time that the
individual would have been enrolled in a program of education or
training but for the emergency situation, except that the total
number of weeks for which payments or allowances may continue to
be so payable may not exceed four weeks.
``(c) Determination of Negative Effects.--The Secretary shall
determine that an individual was negatively affected by an emergency
situation if--
``(1) the individual is enrolled in a covered program of
education of an educational institution or enrolled in training
at a training establishment and is pursuing such program or
training using educational assistance under the laws
administered by the Secretary;
``(2) <<NOTE: Certification.>> the educational institution
or training establishment certifies to the Secretary that such
program or training is truncated, delayed, relocated, canceled,
partially canceled, converted from being on-site to being
offered by distance learning,
[[Page 136 STAT. 6123]]
or otherwise modified or made unavailable by reason of the
emergency situation; and
``(3) the Secretary determines that the modification to such
program or training specified under paragraph (2) would reduce
the amount of educational assistance (including with respect to
monthly housing stipends, payments, or subsistence allowances)
that would be payable to the individual but for the emergency
situation.
``(d) <<NOTE: Determination.>> Effect on Entitlement Period.--If
the Secretary determines that an individual who received assistance
under this section did not make progress toward the completion of the
program of education in which the individual is enrolled during the
period for which the individual received such assistance, any assistance
provided pursuant to this section shall not be counted for purposes of
determining the total amount of an individual's entitlement to
educational assistance, housing stipends, or payments or subsistence
allowances under chapters 30, 31, 32, and 35 of this title and chapter
1606 of title 10.
``Sec. 3603. <<NOTE: 38 USC 3603.>> Continuation of educational
assistance benefits for certain programs of
education converted to distance learning by
reason of emergency situations
``In the case of a program of education approved by a State
approving agency, or the Secretary when acting in the role of a State
approving agency, that is converted from being offered on-site at an
educational institution or training establishment to being offered by
distance learning by reason of an emergency or health-related situation,
as determined by the Secretary, the Secretary may continue to provide
educational assistance under the laws administered by the Secretary
without regard to such conversion, including with respect to paying
any--
``(1) monthly housing stipends under chapter 33 of this
title; or
``(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of this title and chapter 1606 of title 10.
``Sec. 3604. <<NOTE: 38 USC 3604.>> Effects of closure of
educational institution and modification of
courses by reason of emergency situation
``(a) Closure or Disapproval.--Any payment of educational assistance
described in subsection (b) shall not--
``(1) be charged against any entitlement to educational
assistance of the individual concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(b) <<NOTE: Determination.>> Educational Assistance Described.--
Subject to subsection (d), the payment of educational assistance
described in this subsection is the payment of such assistance to an
individual for pursuit of a course or program of education at an
educational institution under chapter 30, 31, 32, 33, or 35 of this
title or chapter 1606 of title 10, if the Secretary determines that the
individual--
``(1) was unable to complete such course or program as a
result of--
[[Page 136 STAT. 6124]]
``(A) the closure of the educational institution, or
the full or partial cancellation of a course or program
of education, by reason of an emergency situation; or
``(B) the disapproval of the course or a course that
is a necessary part of that program under this chapter
because the course was modified by reason of such
emergency; and
``(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
``(c) <<NOTE: Applicability.>> Housing Assistance.--In this
section, educational assistance includes, as applicable--
``(1) <<NOTE: Time period.>> monthly housing stipends
payable under chapter 33 of this title for any month the
individual would have been enrolled in a course or program of
education; and
``(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of this title and chapter 1606 of title 10 during
a month the individual would have been enrolled in a course or
program of education.
``(d) Period Not Charged.--The period for which, by reason of this
section, educational assistance is not charged against entitlement or
counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the aggregate of--
``(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with respect
to which the individual lost training time, as determined under
subsection (b)(2); and
``(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(e) <<NOTE: Determination.>> Continuing Pursuit of Disapproved
Courses.--(1) The Secretary may treat a course of education that is
disapproved under this chapter as being approved under this chapter with
respect to an individual described in paragraph (2) if the Secretary
determines, on a programmatic basis, that--
``(A) such disapproval is the result of an action described
in subsection (b)(1)(B); and
``(B) continuing pursuing such course is in the best
interest of the individual.
``(2) An individual described in this paragraph is an individual who
is pursuing a course of education at an educational institution under
chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 of title 10,
as of the date on which the course is disapproved as described in
subsection (b)(1)(B).
``(f) Status as Full-time Student for Purposes of Housing Stipend
Calculation.--In the case of an individual who, as of the first day of
an emergency situation was enrolled on a full-time basis in a program of
education and was receiving educational assistance under chapter 33 of
this title or subsistence allowance under chapter 31 of this title, and
for whom the Secretary makes a determination under subsection (b), the
individual shall be treated as an individual enrolled in a program of
education on a full-time basis for the purpose of calculating monthly
housing stipends payable under chapter 33 of this title, or subsistence
allowance payable under chapter 31 of this title, for any month the
individual is enrolled in the program of education on a part-time basis
to complete any course of education that was partially or fully canceled
by reason of the emergency situation.
[[Page 136 STAT. 6125]]
``(g) <<NOTE: Deadline.>> Notice of Closures.--Not later than five
business days after the date on which the Secretary receives notice that
an educational institution will close or is closed by reason of an
emergency situation, the Secretary shall provide to each individual who
is enrolled in a course or program of education at such educational
institution using entitlement to educational assistance under chapter
30, 31, 32, 33, or 35 of this title, or chapter 1606 of title 10 notice
of--
``(1) such closure and the date of such closure; and
``(2) the effect of such closure on the individual's
entitlement to educational assistance pursuant to this section.
``Sec. 3605. <<NOTE: 38 USC 3605.>> Payment of educational
assistance in cases of withdrawal
``(a) In General.--In the case of any individual who withdraws from
a program of education or training, other than a program by
correspondence, in an educational institution under chapter 31, 34, or
35 of this title for a covered reason during the period of an emergency
situation, the Secretary shall find mitigating circumstances for
purposes of section 3680(a)(1)(C)(ii) of this title.
``(b) Covered Reason. <<NOTE: Definition.>> --In this section, the
term `covered reason' means any reason related to an emergency
situation, including--
``(1) illness, quarantine, or social distancing
requirements;
``(2) issues associated with accessibility;
``(3) access or availability of childcare;
``(4) providing care for a family member or cohabitants;
``(5) change of location or residence due to the emergency
situation or associated school closures;
``(6) employment changes or financial hardship; and
``(7) issues associated with changes in format or medium of
instruction.''.
(b) <<NOTE: 38 USC prec. 3601.>> Clerical Amendment.--The table of
sections at the beginning of such chapter is amended--
(1) by striking the item relating to subchapter II and
inserting the following new item:
``subchapter iii-miscellaneous provisions''.
(2) by striking the item relating to subchapter I and
inserting the following new item:
``subchapter ii-state approving agencies''.
(3) by inserting before the item relating to subchapter II
the following new items:
``subchapter i-emergency situations
``3601. Definition of emergency situation.
``3602. Continuation of educational assistance benefits during emergency
situations.
``3603. Continuation of educational assistance benefits for certain
programs of education converted to distance learning by
reason of emergency situations.
``3604. Effects of closure of educational institution and modification
of courses by reason of emergency situation.
``3605. Payment of educational assistance in cases of withdrawal.''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Sections 1102, 1103, and 1104 of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits Improvement
Act of 2020 (Public Law 116-315). <<NOTE: 38 USC note prec.
3001. 38 USC note prec. 3001.>>
(2) Public Law 116-128.
[[Page 136 STAT. 6126]]
SEC. 3. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT.
(a) Montgomery BI Bill.--Section 3031 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(i) <<NOTE: Time period.>> In the case of an individual eligible
for educational assistance under this chapter who is prevented from
pursuing the individual's chosen program of education before the
expiration of the 10-year period for the use of entitlement under this
chapter otherwise applicable under this section because the educational
institution or training establishment closed (temporarily or
permanently) under an established policy based on an Executive order of
the President or due to an emergency situation, such 10-year period--
``(1) shall not run during the period the individual is so
prevented from pursuing such program; and
``(2) shall again begin running on the first day after the
individual is able to resume pursuit of a program of education
with educational assistance under this chapter.''.
(b) Post-9/11 Educational Assistance.--
(1) In general.--Section 3321(b)(1) of such title is
amended--
(A) by inserting ``(A)'' before ``Subsections'';
(B) in subparagraph (A), as designated by
subparagraph (A), by striking ``and (d)'' and inserting
``(d), and (i)''; and
(C) by adding at the end the following new
subparagraph:
``(B) <<NOTE: Applicability.>> Subsection (i) of section
3031 shall apply with respect to the running of the 15-year
period described in paragraphs (4)(A) and (5)(A) of this
subsection in the same manner as such subsection applies under
section 3031 of this title with respect to the running of the
10-year period described in section 3031(a) of this title.''.
(2) Transfer period.--Section 3319(h)(5) of such title is
amended--
(A) in subparagraph (A), by inserting ``or (C)''
after ``subparagraph (B)''; and
(B) by adding at the end the following new
subparagraph:
``(C) <<NOTE: Determination. Extension.>> Emergency
situations.--In any case in which the Secretary
determines that an individual to whom entitlement is
transferred under this section has been prevented from
pursuing the individual's chosen program of education
before the individual attains the age of 26 years
because the educational institution or training
establishment closed (temporarily or permanently) under
an established policy based on an Executive order of the
President or due to an emergency situation, the
Secretary shall extend the period during which the
individual may use such entitlement for a period equal
to the number of months that the individual was so
prevented from pursuing the program of education, as
determined by the Secretary.''.
(c) Vocational Rehabilitation and Training.--
(1) Period for use.--Section 3103 of such title is amended--
(A) in subsection (a), by striking ``or (g)'' and
inserting ``(g), or (h)''; and
(B) by adding at the end the following new
subsection:
[[Page 136 STAT. 6127]]
``(h) <<NOTE: Determination. Deadline.>> In any case in which the
Secretary determines that a veteran has been prevented from
participating in a vocational rehabilitation program under this chapter
within the 12-year period of eligibility prescribed in subsection (a)
due to an emergency situation, such 12-year period--
``(1) shall not run during the period the individual is so
prevented from participating such program; and
``(2) shall again begin running on the first day after the
individual is able to resume participation in such program.''.
(2) Duration of program.--Section 3105(b) of such title is
amended--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) <<NOTE: Determinations. Extensions.>> In any case in which
the Secretary determines that a veteran has been prevented from
participating in counseling and placement and postplacement services
described in paragraphs (2) and (5) of section 3104(a) of this title due
to an emergency situation, the Secretary shall extend the period during
which the Secretary may provide such counseling and placement and
postplacement services for the veteran for a period equal to the number
of months that the veteran was so prevented from participating in such
counseling and services, as determined by the Secretary.
``(B) In any case in which the Secretary determines that a veteran
has been prevented from participating in a vocational rehabilitation
program under this chapter due to an emergency situation, the Secretary
shall extend the period of the veteran's vocational rehabilitation
program for a period equal to the number of months that the veteran was
so prevented from participating in the vocational rehabilitation
program, as determined by the Secretary.''.
(d) Educational Assistance for Members of the Selected Reserve.--
Section 16133(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(5) <<NOTE: Determination. Extension.>> In any case in
which the Secretary concerned determines that a person entitled
to educational assistance under this chapter has been prevented
from using such person's entitlement due to an emergency
situation, the Secretary concerned shall extend the period of
entitlement prescribed in subsection (a) for a period equal to
the number of months that the person was so prevented from using
such entitlement, as determined by the Secretary.''.
(e) Emergency Situation Defined.--
(1) Post-9/11 educational assistance program.--Section 3301
of title 38, United States Code, is amended--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(2) MGIB.--Section 3002 of such title is amended by adding
at the end the following new paragraph:
``(9) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(3) Vocational rehabilitation and training.--
[[Page 136 STAT. 6128]]
(A) In general.--Section 3101 of such title is
amended--
(i) by redesignating paragraphs (1) through
(9) as paragraphs (2) through (10), respectively;
and
(ii) by inserting before paragraph (2), as
redesignated by clause (i), the following new
paragraph:
``(10) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(B) Conforming amendments.--Such title is amended--
(i) in section 1728(a)(4)(A), by striking
``section 3101(9) of'' and inserting ``section
3101 of''; and
(ii) in section 3695(b), by striking ``in
section 3101(5)'' and inserting ``in section
3101''.
(4) Educational assistance for members of the selected
reserve.--Section 16133 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) In this section, the term `emergency situation' has the
meaning given such term in section 3601 of title 38.''.
(f) <<NOTE: 10 USC 16133 note; 38 USC 3031 note, 3105 note, 3319
note, 3321 note.>> Conforming Repeal.--Section 6 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.
SEC. 4. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION
SUBSISTENCE ALLOWANCES.
(a) In General.--Section 3104 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(e) <<NOTE: Determination.>> In the case of any veteran whom the
Secretary determines is satisfactorily following a program of employment
services provided under subsection (a)(5) during the period of an
emergency situation, the Secretary may pay the veteran a subsistence
allowance, as prescribed in section 3108 of this title for full-time
training for the type of program that the veteran was pursuing, for two
additional months, if the Secretary determines that the veteran is
negatively affected by the emergency situation.''.
(b) Conforming Repeal.--Section 8 of the Student Veteran Coronavirus
Response Act of 2020 (Public Law 116-140) <<NOTE: 38 USC 3108 note.>>
is repealed.
SEC. 5. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY
SITUATIONS.
(a) In General.--Section 3485 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(f)(1) In case of an individual who is in receipt of work-study
allowance pursuant to an agreement described in subsection (a)(3) as of
the date on which an emergency situation occurs and who is unable to
continue to perform qualifying work-study activities described in
subsection (a)(4) by reason of the emergency situation--
``(A) the Secretary may continue to pay work-study allowance
under this section or make deductions described in subsection
(e)(1) during the period of such emergency situation,
notwithstanding the inability of the individual to perform such
work-study activities by reason of such emergency situation; and
``(B) at the option of the individual, the Secretary shall
extend the agreement described in subsection (a)(3) with the
individual for any subsequent period of enrollment initiated
during the emergency situation, notwithstanding the inability
[[Page 136 STAT. 6129]]
of the individual to perform work-study activities described in
subsection (a)(4) by reason of such emergency situation.
``(2) <<NOTE: Determination.>> The amount of work-study allowance
payable to an individual under paragraph (1)(A) during the period of an
emergency situation shall be an amount determined by the Secretary but
may not exceed the amount that would be payable under subsection (a)(2)
if the individual worked 25 hours per week paid during such period.
``(3) <<NOTE: Definition.>> The term `emergency situation' has the
meaning given that term in section 3601 of this title.''.
(b) Conforming Repeal.--Section 3 of the Student Veteran Coronavirus
Response Act of 2020 (Public Law 116-140) <<NOTE: 38 USC 3485 note.>>
is repealed.
SEC. 6. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL
INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS.
(a) In General.--Section 3680 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(h) Payments During Emergency Situations.--(1) The Secretary may
pay allowances to an eligible veteran or eligible person under
subsection (a)(2)(A), if the veteran or person is enrolled in a program
or course of education that--
``(A) is provided by an educational institution or training
establishment that is closed by reason of an emergency
situation; or
``(B) is suspended by reason of an emergency situation.
``(2) The total number of weeks for which allowances may be paid by
reason of this subsection may not exceed four weeks.
``(3) Any amount paid under this subsection shall not be counted for
purposes of the limitation on allowances under subsection (a)(2)(A).''.
(b) Conforming Repeal.--Section 4 of the Student Veteran Coronavirus
Response Act of 2020 (Public Law 116-140) <<NOTE: 38 USC 3680 note.>>
is repealed.
SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.
(a) In General.--Section 3687(e) of title 38, United States Code, is
amended by striking paragraph (2) and inserting the following new
paragraph (2):
``(2)(A) Subject to subparagraphs (B) and (C), for any month in
which an individual fails to complete 120 hours of training, the
entitlement otherwise chargeable under paragraph (1) shall be reduced in
the same proportion as the monthly training assistance allowance payable
is reduced under subsection (b)(3).
``(B) In the case of an individual who is unemployed by reason of an
emergency situation during any month, the 120-hour requirement under
subparagraph (A) for that month shall be reduced proportionately to
reflect the individual's period of unemployment, except that the amount
of monthly training assistance otherwise payable to the individual under
subsection (b)(3) shall not be reduced.
``(C) Any period during which an individual is unemployed by reason
of an emergency situation shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
[[Page 136 STAT. 6130]]
``(D) Any amount by which the entitlement of an individual is
reduced under subparagraph (A) shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(E)(i) In the case of an individual who fails to complete 120
hours of training during a month, but who completed more than 120 hours
of training during the preceding month, the individual may apply the
number of hours in excess of 120 that the individual completed for that
month to the month for which the individual failed to complete 120
hours. If the addition of such excess hours results in a total of 120
hours or more, the individual shall be treated as an individual who has
completed 120 hours of training for that month. Any excess hours applied
to a different month under this subparagraph may only be applied to one
such month.
``(F) <<NOTE: Applicability.>> This paragraph applies to amounts
described in section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this
title and section 16131(d)(2) of title 10.
``(G) <<NOTE: Definition.>> In this paragraph:
``(i) The term `unemployed' includes being furloughed or
being scheduled to work zero hours.
``(ii) The term `fails to complete 120 hours of training'
means, with respect to an individual, that during any month, the
individual completes at least one hour, but fewer than 120
hours, of training, including in a case in which the individual
is unemployed for part of, but not the whole, month.''.
(b) Conforming Repeal.--Section 1106 of the Johnny Isakson and David
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315) <<NOTE: 38 USC 3687 note.>> is repealed.
SEC. 8. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO
PURSUE A PROGRAM OF EDUCATION DUE TO AN
EMERGENCY SITUATION.
(a) Permanent Applicability.--Section 3699(b)(1) of title 38, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking ``and'' at the end
and inserting ``or'' ; and
(3) by adding at the end the following new subparagraph:
``(C) the temporary closure of an educational
institution or training establishment or the temporary
closure or termination of a course or program of
education by reason of an emergency situation; and''.
(b) Conforming Repeal.--Section 5 of the Student Veteran Coronavirus
Response Act of 2020 (Public Law 116-140) <<NOTE: 38 USC 3699 note. Time
period.>> is repealed.
SEC. 9. DEPARTMENT OF VETERANS AFFAIRS APPROVAL OF CERTAIN STUDY-
ABROAD PROGRAMS.
(a) In General.--Section 3680A(f) of title 38, United States Code,
is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by striking ``The Secretary'' and inserting ``(1) Except
as provided in paragraph (2), the Secretary''; and
(3) by adding at the end the following new paragraph:
[[Page 136 STAT. 6131]]
``(2)(A) <<NOTE: Contracts.>> In the case of a covered study-abroad
course, the Secretary may approve the course for a period of not more
than five years, if the contract or other written agreement under which
the course is offered provides that--
``(i) the educational institution that offers a course that
is approved under this chapter agrees--
``(I) to assume responsibility for the quality and
content of the covered study-abroad course; and
``(II) to serve as the certifying official for the
course for purposes of this chapter; and
``(ii) <<NOTE: Deadline.>> the educational institution that
offers the covered study-abroad course agrees to seek the
approval of the course under this chapter by not later than five
years after the date of the agreement.
``(B) <<NOTE: Definition.>> In this paragraph, the term `covered
study-abroad course' means a course that--
``(i) is provided as a part of a program of education
offered by an educational institution under a contract or other
written agreement by another educational institution that offers
a course that is approved under this chapter;
``(ii) is provided at a location in a foreign country; and
``(iii) has not been approved under this chapter.''.
(b) <<NOTE: Effective date. 38 USC 3680A note.>> Treatment of
Certain Courses.--In the case of any covered study-abroad course, under
the meaning given such term in subparagraph (B) of paragraph (2) of
subsection (f) of section 3680A of title 38, United States Code, as
added by subsection (a), that is being offered under a contract or other
written agreement as of the date of the enactment of this Act, the
Secretary of Veterans Affairs may approve such course under such
paragraph (2) for the five-year period beginning on the date of the
enactment of this Act, if such contract or other written agreement meets
the criteria provided in subparagraph (A) of such paragraph.
SEC. 10. <<NOTE: Sgt. Wolf Kyle Weninger Veterans Education
Fairness Act of 2022. 38 USC 101 note.>>
ELIGIBILITY FOR EDUCATIONAL ASSISTANCE UNDER
DEPARTMENT OF VETERANS AFFAIRS POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM OF CERTAIN
INDIVIDUALS WHO RECEIVE SOLE SURVIVORSHIP
DISCHARGES.
(a) Short Title.--This section may be cited as the ``Sgt. Wolf Kyle
Weninger Veterans Education Fairness Act of 2022''.
(b) Eligibility.--Subsection (b)(2) of section 3311 of title 38,
United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``who'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting such clause two ems to
the right;
(3) by inserting before clause (i), as so redesignated, the
following new subparagraph (A):
``(A) who--'';
(4) in subparagraph (A)(ii), as so redesignated--
(A) by striking ``in subparagraph (A)'' and
inserting ``in clause (i)''; and
(B) by striking the period and inserting ``or by
reason of a sole survivorship discharge (as that term is
defined in section 1174(i) of title 10); or''; and
(5) by adding at the end the following new subparagraph (B):
[[Page 136 STAT. 6132]]
``(B) who--
``(i) commencing on or after September 11,
2001, completes at least 30 continuous days of
service described in subsection (d) (1) or (2);
and
``(ii) after completion of service described
in clause (i), is discharged or released by reason
of a sole survivorship discharge (as that term is
defined in section 1174(i) of title 10).''.
(c) Conforming Amendment.--Subsection (d) of such section is amended
by striking ``The following'' and inserting ``Except as provided in
subsection (b)(2)(B), the following''.
SEC. 11. <<NOTE: Requirements. State and local governments.>>
UNIFORM APPLICATION FOR DEPARTMENT OF
VETERANS AFFAIRS APPROVAL OF COURSES OF
EDUCATION.
(a) In General.--Subchapter I of chapter 36 of title 38, United
States Code, is amended by inserting after section 3672 the following
new section:
``Sec. 3672A. <<NOTE: 38 USC 3672A.>> Uniform application
``(a) In General.--(1) The Secretary, in partnership with State
approving agencies, educational institutions, and training
establishments, shall require the use of a uniform application by any
educational institution or training establishment seeking the approval
of a new course of education under this chapter.
``(2) The Secretary shall maintain one uniform application for
institutions of higher learning and one such application for other
educational institutions and training establishments.
``(3) In the case of any State that uses approval criteria not
covered by a uniform application under this section, the State approving
agency for that State shall require the use of the uniform application
and may require the submittal of additional information.
``(b) Requirements.--The uniform application required under
subsection (a) shall meet the following requirements:
``(1) A requirement that the appropriate executive of the
educational institution or training establishment seeking the
approval of a course of education attests on behalf of the
educational institution or training establishment that the
educational institution or training establishment--
``(A) is in compliance with all applicable laws and
regulations relating to the approval of courses of
education under this chapter; and
``(B) <<NOTE: Time period.>> during the five-year
period preceding the date of the application--
``(i) has not been subject to, or been party
to a contract with any individual or entity that
has been subject to, any adverse administrative or
judicial action that--
``(I) related to the instruction or
training, including with respect to the
quality of education, provided by the
institution or establishment; and
``(II) resulted in a fine or penalty
in an amount equal to or more than five
percent of the amount of funding
provided to the institution or
establishment under title IV of the
Higher Education Act of 1965 for the
fiscal year preceding the year in which
the application is submitted; or
[[Page 136 STAT. 6133]]
``(ii) has not employed an individual, or been
party to a contract with any individual or entity,
that has been convicted of a Federal fraud charge
related to the instruction or training provided by
the institution or establishment.
``(2) In the case of any educational institution or training
establishment that is not participating in title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), a
requirement for the inclusion of--
``(A) <<NOTE: Records.>> a copy of--
``(i) the articles of incorporation filed on
behalf of the institution or establishment or
proof of licensing to operate as an educational
institution or training establishment in the State
where the institution or establishment is located;
and
``(ii) the financial position of the
institution or establishment, as prepared by an
appropriate third-party entity; or
``(B) <<NOTE: Determination.>> other adequate
evidence, as determined by the Secretary, that the
institution or establishment is authorized to provide
post-secondary education or training in the State where
the institution or establishment is located.
``(3) In the case of any course of education that is offered
by an educational institution or training establishment that has
never offered a course of education that was approved under this
chapter, a requirement for the inclusion of information about
the course of education covered by the application, including--
``(A) <<NOTE: Time period.>> the number of students
who have entered and graduated from the course during
the preceding two-year period; and
``(B) if available, the cohort default rate for
funds provided to the institution or establishment under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
``(4) <<NOTE: Lists.>> In the case of any educational
institution or training establishment that is not an institution
of higher learning, a requirement for the inclusion of--
``(A) a list of individuals who will serve as fully
qualified instructors for the course of education, as of
the date of the application, and an attestation that
such individuals--
``(i) have a degree or other training, as
appropriate, in the field of the course;
``(ii) effectively teach the skills offered
under the course; and
``(iii) have demonstrated relevant industry
experience in the field of the course; and
``(B) a list of individuals who will serve as career
services employees for students enrolled in the course
and an attestation that such individuals are skilled at
identifying professions in the relevant industry that
are in need of new employees to hire, tailoring the
course of education to meet market needs, and
identifying the employers likely to hire graduates.
``(c) <<NOTE: Determination.>> Requirements for State Approving
Agencies.--During the approval process with respect to a uniform
application submitted
[[Page 136 STAT. 6134]]
by an educational institution or training establishment, a State
approving agency, or the Secretary when acting in the role of a State
approving agency, shall contact the Secretary of Education to determine
whether the course of education subject to such approval process has
withdrawn, or been denied or suspended, from receiving for benefits
under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.).
``(d) Appropriate Executive.--In this section, the appropriate
executive of an educational institution or training establishment is a
senior executive official, senior administrator, owner, or operator
designated by the institution or establishment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC prec. 3601.>> is amended by inserting after
the item relating to section 3672 the following new item:
``3672A. Uniform application.''.
(c) <<NOTE: 38 USC 3672A note.>> Applicability.--The application
required by section 3672A of title 38, United States Code, as added by
subsection (a), shall--
(1) <<NOTE: Deadline.>> be developed by not later than
October 1, 2023; and
(2) be required for the approval of any new course of
education proposed on or after that day.
SEC. 12. <<NOTE: Time periods.>> NOTICE REQUIREMENTS FOR
DEPARTMENT OF VETERANS AFFAIRS EDUCATION
SURVEYS.
(a) Risk-based Survey.--Section 3673A of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(d) Notice.--To the maximum amount feasible, the Secretary, or a
State approving agency, as applicable, shall provide not more than one
business day of notice to an educational institution before conducting a
targeted risk-based survey of the institution under this section.''.
(b) Compliance Surveys.--Section 3693 of title 38, United States
Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) To the maximum extent feasible, the Secretary, or a State
approving agency, as applicable, shall provide not more than 10 business
days of notice to an educational institution or training establishment
before conducting a compliance survey of the institution or
establishment under this section.''.
SEC. 13. EXCEPTION TO REQUIREMENT TO SUBMIT VERIFICATION OF
ENROLLMENT OF CERTAIN INDIVIDUALS.
Section 3313(l) of title 38, United States Code, is amended--
(1) in paragraph (1), by striking ``The Secretary'' and
inserting ``Except as provided in paragraph (4), the
Secretary''; and
(2) by striking paragraph (4) and inserting the following
new paragraph (4):
``(4) Exception.--An educational institution is not required
to submit verification of an individual under paragraph (1)(A)
if--
``(A) the individual is enrolled in a course or
program of education offered by the educational
institution on at
[[Page 136 STAT. 6135]]
least a full-time basis before the date on which the
individual is able to withdraw from the course or
program of education without penalty;
``(B) the educational institution charges the same
amount of tuition and fees for students who are enrolled
on a full-time basis and students who are enrolled on a
more-than-full-time basis; and
``(C) the individual remains enrolled in the course
or program of education after the date on which the
individual is able to withdraw from the course or
program of education without penalty.''.
SEC. 14. EXPANSION OF ELIGIBILITY FOR SELF-EMPLOYMENT ASSISTANCE
UNDER VETERAN READINESS AND EMPLOYMENT
PROGRAM.
(a) Expansion of Eligibility.--Paragraph (12) of subsection (a) of
section 3104 of title 38, United States Code, is amended to read as
follows:
``(12) <<NOTE: Criteria. Costs. Regulations.>> Such license
fees and essential equipment, supplies, and minimum stocks of
materials as the Secretary determines to be necessary for a
veteran to begin self-employment and are within the criteria and
cost limitations that the Secretary shall prescribe in
regulations for the furnishing of such fees, equipment,
supplies, and stocks.''.
(b) Priority.--Subsection (c)(1) of such section is amended by
inserting before the first period the following: ``, including with
respect to providing priority for services under subsection (a)(12) to
veterans with the most severe service-connected disabilities who require
homebound training or self-employment, or both homebound training and
self-employment''.
(c) Technical Amendments.--Section 3117 of such title is amended--
(1) in subsection (a)(2)(C), by striking ``this clause'' and
inserting ``this subparagraph''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``insure'' and
inserting ``ensure''; and
(B) in paragraph (2), by striking ``clause'' both
places it appears and inserting ``paragraph''.
SEC. 15. <<NOTE: Reports.>> POSSIBLE DEFINITIONS OF CERTAIN TERMS
RELATING TO EDUCATIONAL ASSISTANCE.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs 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 possible definitions
of the Secretary for each of the following terms:
(1) Student services.
(2) Marketing.
(3) Classroom instruction.
SEC. 16. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``October 30, 2028'' and inserting ``November 30, 2031''.
[[Page 136 STAT. 6136]]
SEC. 17. TERMINATION OF CERTAIN CONSUMER CONTRACTS BY
SERVICEMEMBERS AND DEPENDENTS WHO ENTER INTO
CONTRACTS AFTER RECEIVING MILITARY ORDERS
FOR PERMANENT CHANGE OF STATION BUT THEN
RECEIVE STOP MOVEMENT ORDERS DUE TO AN
EMERGENCY SITUATION.
(a) In General.--Section 305A of the Servicemembers Civil Relief Act
(50 U.S.C. 3956) is amended--
(1) in the section heading, by striking ``telephone,
multichannel video programming, and internet access service''
and inserting ``certain consumer'';
(2) in subsection (a)--
(A) in the heading, by adding ``or Dependent of a
Servicemember'' at the end;
(B) in paragraph (1)--
(i) by striking ``after the date the
servicemember receives military orders to relocate
for a period of not less than 90 days to a
location that does not support the contract.'' and
inserting ``after--''; and
(ii) <<NOTE: Time periods.>> by adding at the
end the following:
``(A) the date the servicemember receives military
orders to relocate for a period of not less than 90 days
to a location that does not support the contract; or
``(B) the date the servicemember, while in military
service, receives military orders for a permanent change
of station, thereafter enters into the contract, and
then receives a stop movement order issued by the
Secretary of Defense or the Secretary of Homeland
Security in response to a local, national, or global
emergency, effective for an indefinite period or for a
period of not less than 30 days, that prevents the
servicemember from using the services provided under the
contract.''; and
(C) in paragraph (4), by adding at the end the
following new subparagraph:
``(D) The spouse or dependent of a servicemember,
described in paragraph (1)(B), who accompanies such
servicemember during the period of relocation.'';
(3) by striking subsection (b) and inserting the following:
``(b) Covered Contracts.--A contract described in this subsection is
a contract--
``(1) for--
``(A) commercial mobile service;
``(B) telephone exchange service;
``(C) internet access service;
``(D) multichannel video programming service;
``(E) a gym membership or fitness program; or
``(F) home security services; and
``(2) entered into by a servicemember before receiving the
military orders referred to in subsection (a)(1).''; and
(4) in subsection (g)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
``(2) The terms `military orders' and `permanent change of
station' have the meanings given such terms in section 305.''.
[[Page 136 STAT. 6137]]
(b) <<NOTE: 50 USC 3956 note.>> Retroactive Application.--The
amendments made by this section shall apply to stop movement orders
issued on or after March 1, 2020.
SEC. 18. RESIDENCE FOR TAX PURPOSES.
Section 511(a) of the Servicemembers Civil Relief Act (50 U.S.C.
4001(a)) is amended by striking paragraph (2) and inserting the
following:
``(2) Spouses.--A spouse of a servicemember shall neither
lose nor acquire a residence or domicile for purposes of
taxation with respect to the person, personal property, or
income of the spouse by reason of being absent or present in any
tax jurisdiction of the United States solely to be with the
servicemember in compliance with the servicemember's military
orders.
``(3) Election.--For any taxable year of the marriage, a
servicemember and the spouse of such servicemember may elect to
use for purposes of taxation, regardless of the date on which
the marriage of the servicemember and the spouse occurred, any
of the following:
``(A) The residence or domicile of the
servicemember.
``(B) The residence or domicile of the spouse.
``(C) The permanent duty station of the
servicemember.''.
SEC. 19. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF THE
UNIFORMED SERVICES AND THEIR SPOUSES.
(a) In General.--Title VII of the Servicemembers Civil Relief Act
(50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50
U.S.C. 4025) the following new section:
``SEC. 705A. <<NOTE: 50 USC 4025a.>> PORTABILITY OF PROFESSIONAL
LICENSES OF SERVICEMEMBERS AND THEIR
SPOUSES.
``(a) In General.--In any case in which a servicemember or the
spouse of a servicemember has a covered license and such servicemember
or spouse relocates his or her residency because of military orders for
military service to a location that is not in the jurisdiction of the
licensing authority that issued the covered license, such covered
license shall be considered valid at a similar scope of practice and in
the discipline applied for in the jurisdiction of such new residency for
the duration of such military orders if such servicemember or spouse--
``(1) <<NOTE: Records.>> provides a copy of such military
orders to the licensing authority in the jurisdiction in which
the new residency is located;
``(2) remains in good standing with--
``(A) the licensing authority that issued the
covered license; and
``(B) every other licensing authority that has
issued to the servicemember or the spouse of a
servicemember a license valid at a similar scope of
practice and in the discipline applied in the
jurisdiction of such licensing authority;
``(3) submits to the authority of the licensing authority in
the new jurisdiction for the purposes of standards of practice,
discipline, and fulfillment of any continuing education
requirements.
[[Page 136 STAT. 6138]]
``(b) Interstate Licensure Compacts.--If a servicemember or spouse
of a servicemember is licensed and able to operate in multiple
jurisdictions through an interstate licensure compact, with respect to
services provided in the jurisdiction of the interstate licensure
compact by a licensee covered by such compact, the servicemember or
spouse of a servicemember shall be subject to the requirements of the
compact or the applicable provisions of law of the applicable State and
not this section.
``(c) Covered License Defined.--In this section, the term `covered
license' means a professional license or certificate--
``(1) that is in good standing with the licensing authority
that issued such professional license or certificate;
``(2) that the servicemember or spouse of a servicemember
has actively used during the two years immediately preceding the
relocation described in subsection (a); and
``(3) that is not a license to practice law.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 705
the following new item:
``Sec. 705A. Portability of professional licenses of servicemembers and
their spouses.''.
SEC. 20. PROVISION OF NONARTICULATING TRAILERS AS ADAPTIVE
EQUIPMENT.
Section 3901(2) of title 38, United States Code, is amended--
(1) by striking ``and special'' and inserting ``special'';
and
(2) by striking ``conveyance.'' and inserting ``conveyance,
and nonarticulating trailers solely designed to transport
powered wheelchairs, powered scooters, or other similar mobility
devices.''.
SEC. 21. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS PROVISION
OF ADDITIONAL AUTOMOBILE OR OTHER
CONVEYANCE.
Section 3903(a) of title 38, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) <<NOTE: Time periods.>> The Secretary may provide or assist
in providing an eligible person with an additional automobile or other
conveyance under this chapter--
``(A) if more than 30 years have elapsed since the eligible
person most recently received an automobile or other conveyance
under this chapter; or
``(B) <<NOTE: Effective date.>> beginning on the day that
is 10 years after date of the enactment of the Veterans Auto and
Education Improvement Act of 2022, if more than 10 years have
elapsed since the eligible person most recently received an
automobile or other conveyance under this chapter.''.
SEC. 22. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF CERTAIN
VEHICLE MODIFICATIONS AS MEDICAL SERVICES.
Section 1701(6) of title 38, United States Code, is amended by
adding at the end the following new subparagraph:
``(I) The provision of medically necessary van
lifts, raised doors, raised roofs, air conditioning, and
wheelchair tiedowns for passenger use.''.
[[Page 136 STAT. 6139]]
SEC. 23. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Approved January 5, 2023.
LEGISLATIVE HISTORY--H.R. 7939:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Sept. 13, considered in House.
Sept. 14, prior proceedings vacated; considered and passed
House.
Dec. 20, considered and passed Senate, amended.
Dec. 21, 22, House considered and concurred in Senate
amendment.
<all>