[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1669 Reported in House (RH)]
<DOC>
Union Calendar No. 48
118th CONGRESS
1st Session
H. R. 1669
[Report No. 118-68]
To amend title 38, United States Code, to make permanent the high
technology pilot program of the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Ciscomani (for himself, Mr. Khanna, and Mr. Bost) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
May 17, 2023
Additional sponsors: Mr. Van Orden, Mr. Carl, and Mr. Murphy
May 17, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
21, 2023]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make permanent the high
technology pilot program of the Department of Veterans Affairs, 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. SHORT TITLE.
This Act may be cited as the ``VET-TEC Authorization Act of 2023''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PROGRAM.
(a) High Technology Program.--
(1) In general.--Chapter 36 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3699C. High technology program
``(a) Establishment.--(1) The Secretary shall carry out a program
under which the Secretary provides covered individuals with the
opportunity to enroll in high technology programs of education that the
Secretary determines provide training or skills sought by employers in
a relevant field or industry.
``(2) Not more than 6,000 covered individuals may participate in
the program under this section in any fiscal year.
``(b) Amount of Assistance.--(1) The Secretary shall provide, to
each covered individual who pursues a high technology program of
education under this section, educational assistance in amounts equal
to the amounts provided under section 3313(c)(1) of this title,
including with respect to the housing stipend described in that section
and in accordance with the treatment of programs that are distance
learning and programs that are less than half-time.
``(2) Under paragraph (1), the Secretary shall provide such amounts
of educational assistance to a covered individual for each of the
following:
``(A) A high technology program of education.
``(B) A second such program if--
``(i) the second such program begins at least 18
months after the covered individual graduates from the
first such program; and
``(ii) the covered individual uses educational
assistance under chapter 33 of this title to pursue the
second such program.
``(c) Contracts.--(1) For purposes of carrying out subsection (a),
the Secretary shall seek to enter into contracts with any number of
qualified providers of high technology programs of education for the
provision of such programs to covered individuals. Each such contract
shall provide for the conditions under which the Secretary may
terminate the contract with the provider and the procedures for
providing for the graduation of students who were enrolled in a program
provided by such provider in the case of such a termination.
``(2) A contract under this subsection shall provide that the
Secretary shall pay to a provider--
``(A) upon the enrollment of a covered individual in the
program, 25 percent of the cost of the tuition and other fees
for the program of education for the individual;
``(B) upon graduation of the individual from the program,
25 percent of such cost; and
``(C) 50 percent of such cost upon--
``(i) the successful employment of the covered
individual for a period--
``(I) of 180 days in the field of study of
the program; and
``(II) that begins not later than 180 days
following graduation of the covered individual
from the program;
``(ii) the employment of the individual by the
provider for a period of one year; or
``(iii) the enrollment of the individual in a
program of education to continue education in such
field of study.
``(3) For purposes of this section, a provider of a high technology
program of education is qualified if--
``(A) the provider employs instructors whom the Secretary
determines are experts in their respective fields in accordance
with paragraph (5);
``(B) the provider has successfully provided the high
technology program for at least one year;
``(C) the provider does not charge tuition and fees to a
covered individual who receives assistance under this section
to pursue such program that are higher than the tuition and
fees charged by such provider to another individual; and
``(D) the provider meets the approval criteria developed by
the Secretary under paragraph (4).
``(4)(A) The Secretary shall prescribe criteria for approving
providers of a high technology program of education under this section.
``(B) In developing such criteria, the Secretary may consult with
State approving agencies.
``(C) Such criteria are not required to meet the requirements of
section 3672 of this title.
``(D) Such criteria shall include the job placement rate, in the
field of study of a program of education, of covered individuals who
complete such program of education.
``(5) The Secretary shall determine whether instructors are experts
under paragraph (3)(A) based on evidence furnished to the Secretary by
the provider regarding the ability of the instructors to--
``(A) identify professions in need of new employees to
hire, tailor the programs to meet market needs, and identify
the employers likely to hire graduates;
``(B) effectively teach the skills offered to covered
individuals;
``(C) provide relevant industry experience in the fields of
programs offered to incoming covered individuals; and
``(D) demonstrate relevant industry experience in such
fields of programs.
``(6) In entering into contracts under this subsection, the
Secretary shall give preference to a provider of a high technology
program of education--
``(A) from which at least 70 percent of graduates find
full-time employment in the field of study of the program
during the 180-day period beginning on the date the student
graduates from the program; or
``(B) that offers tuition reimbursement for any student who
graduates from such a program and does not find employment
described in subparagraph (A).
``(d) Effect on Other Entitlement.--(1) If a covered individual
enrolled in a high technology program of education under this section
has remaining entitlement to educational assistance under chapter 30,
32, 33, 34, or 35 of this title, entitlement of the individual to
educational assistance under this section shall be charged at the rate
of one month of such remaining entitlement for each such month of
educational assistance under this section.
``(2) The Secretary may not consider enrollment in a high
technology program of education under this section to be assistance
under a provision of law referred to in section 3695 of this title.
``(e) Requirements for Educational Institutions.--(1) The Secretary
shall not approve the enrollment of any covered individual, not already
enrolled, in any high technology programs of education under this
section for any period during which the Secretary finds that more than
85 percent of the students enrolled in the program are having all or
part of their tuition, fees, or other charges paid to or for them by
the educational institution or by the Department of Veterans Affairs
under this title or under chapter 1606 or 1607 of title 10, except with
respect to tuition, fees, or other charges that are paid under a
payment plan at an educational institution that the Secretary
determines has a history of offering payment plans that are completed
not later than 180 days after the end of the applicable term, quarter,
or semester.
``(2) The Secretary may waive a requirement of paragraph (1) if the
Secretary determines, pursuant to regulations which the Secretary shall
prescribe, such waiver to be in the interest of the covered individual
and the Federal Government. Not later than 30 days after the Secretary
waives such a requirement, the Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report regarding such waiver.
``(3)(A)(i) The Secretary shall establish and maintain a process by
which an educational institution may request a review of a
determination that the educational institution does not meet the
requirements of paragraph (1).
``(ii) The Secretary may consult with a State approving agency
regarding such process or such a review.
``(iii) Not later than 180 days after the Secretary establishes or
revises a process under this subparagraph, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report regarding such process.
``(B) An educational institution that requests a review under
subparagraph (A)--
``(i) shall request the review not later than 30 days after
the start of the term, quarter, or semester for which the
determination described in subparagraph (A) applies; and
``(ii) may include any information that the educational
institution believes the Department should have taken into
account when making the determination, including with respect
to any mitigating circumstances.
``(f) Annual Reports.--Not later than one year after the date of
the enactment of this section, and annually thereafter until the
termination date specified in subsection (i), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the operation of program under this
section during the year covered by the report. Each such report shall
include each of the following:
``(1) The number of covered individuals enrolled in the
program, disaggregated by type of educational institution,
during the year covered by the report.
``(2) The number of covered individuals who completed a
high technology program of education under the program during
the year covered by the report.
``(3) The average employment rate of covered individuals
who completed such a program of education during such year, as
of 180 days after the date of completion.
``(4) The average length of time between the completion of
such a program of education and employment.
``(5) The total number of covered individuals who completed
a program of education under the program and who, as of the
date of the submission of the report, are employed in a
position related to technology.
``(6) The average salary of a covered individual who
completed a program of education under the program and who is
employed in a position related to technology, in various
geographic areas determined by the Secretary.
``(7) The average salary of all individuals employed in
positions related to technology in the geographic areas
determined under subparagraph (F), and the difference, if any,
between such average salary and the average salary of a covered
individual who completed a program of education under the
program and who is employed in a position related to
technology.
``(8) The number of covered individuals who completed a
program of education under the program and who subsequently
enrolled in a second program of education under the program.
``(g) Collection of Information; Consultation.--(1) The Secretary
shall develop practices to use to collect information about covered
individuals and providers of high technology programs of education.
``(2) For the purpose of carrying out program under this section,
the Secretary may consult with providers of high technology programs of
education and may establish an advisory group made up of
representatives of such providers, private employers in the technology
field, and other relevant groups or entities, as the Secretary
determines necessary.
``(h) Definitions.--In this section:
``(1) The term `covered individual' means any of the
following:
``(A) A veteran whom the Secretary determines--
``(i) served an aggregate of at least 36
months on active duty in the Armed Forces
(including service on active duty in entry
level and skill training) and was discharged or
released therefrom under conditions other than
dishonorable; and
``(ii) has not attained the age of 62.
``(B) A member of the Armed Forces that the
Secretary determines will become a veteran described in
subparagraph (A) fewer than 180 days after the date of
such determination.
``(2) The term `high technology program of education' means
a program of education--
``(A) offered by a public or private educational
institution;
``(B) if offered by an institution of higher
learning, that is provided directly by such institution
rather than by an entity other than such institution
under a contract or other agreement;
``(C) that does not lead to a degree;
``(D) that has a term of not less than six and not
more than 28 weeks; and
``(E) that provides instruction in computer
programming, computer software, media application, data
processing, or information sciences.
``(i) Termination.--The authority to carry out a program under this
section shall terminate on September 30, 2028.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3699B the following new item:
``3699C. High technology program.''.
(b) Effect on High Technology Pilot Program.--Section 116 of the
Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public
Law 115-48; 38 U.S.C. 3001 note) is amended--
(1) in subsection (g), by striking paragraph (6); and
(2) by striking subsection (h) and inserting the following
new subsection (h):
``(h) Termination.--The authority to carry out a pilot program
under this section shall terminate on September 30, 2023.''.
(c) Approval of Certain High Technology Programs.--Section 3680A of
title 38, United States Code, is amended--
(1) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) Any independent study program except--
``(A) an independent study program (including such
a program taken over open circuit television) that--
``(i) is accredited by an accrediting
agency or association recognized by the
Secretary of Education under subpart 2 of part
H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099b);
``(ii) leads to--
``(I) a standard college degree;
``(II) a certificate that reflects
educational attainment offered by an
institution of higher learning; or
``(III) a certificate that reflects
graduation from a course of study
offered by--
``(aa) an area career and
technical education school (as
defined in subparagraphs (C)
and (D) of section 3(3) of the
Carl D. Perkins Career and
Technical Education Act of 2006
(20 U.S.C. 2302(3))) that
provides education at the
postsecondary level; or
``(bb) a postsecondary
vocational institution (as
defined in section 102(c) of
the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that
provides education at the
postsecondary level; and
``(iii) in the case of a program described
in clause (ii)(III)--
``(I) provides training aligned
with the requirements of employers in
the State or local area where the
program is located, which may include
in-demand industry sectors or
occupations;
``(II) provides a student, upon
graduation from the program, with a
recognized postsecondary credential
that is recognized by employers in the
relevant industry, which may include a
credential recognized by industry or
sector partnerships in the State or
local area where the industry is
located; and
``(III) meets such content and
instructional standards as may be
required to comply with the criteria
under section 3676(c)(14) and (15) of
this title; or
``(B) an online high technology program of
education (as defined in subsection (h)(2) of section
3699C of this title)--
``(i) the provider of which has entered
into a contract with the Secretary under
subsection (c) of such section;
``(ii) that has been provided to covered
individuals (as defined in subsection (h)(1) of
such section) under such contract for a period
of at least five years;
``(iii) regarding which the Secretary has
determined that the average employment rate of
covered individuals who graduated from such
program of education is 65 percent or higher
for the year preceding such determination; and
``(iv) that satisfies the requirements of
subsection (e) of such section.''; and
(2) in subsection (d), by adding at the end the following:
``(8) Paragraph (1) shall not apply to the enrollment of a veteran
in an online high technology program described in subsection
(a)(4)(B).''.
(d) Effective Date.--The amendments made by subsections (a) and (c)
shall take effect on October 1, 2023.
SEC. 3. BURIAL ALLOWANCE FOR CERTAIN VETERANS WHO DIE AT HOME WHILE IN
RECEIPT OF HOSPICE CARE FURNISHED BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Subsection (a)(2)(A) of section 2303 of title 38,
United States Code, is further amended--
(1) in clause (i), by striking ``; or'' and inserting a
semicolon;
(2) in clause (ii)(III), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) a home or other setting at which the
deceased veteran was, at the time of death, receiving
hospice care pursuant to section 1717(a) of this title
if such care was directly preceded by the Secretary
furnishing to the veteran hospital care or nursing home
care described in subclause (I), (II), or (III) of
clause (ii).''.
(b) Applicability.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to deaths occurring on or after the date that is 180 days after
the date of the enactment of this Act.
SEC. 4. INCLUSION OF NON-DEGREE FLIGHT TRAINING IN CERTAIN
REHABILITATION PROGRAMS FOR CERTAIN VETERANS WITH
SERVICE-CONNECTED DISABILITIES.
Section 3101 of title 38, United States Code, is amended--
(1) in paragraph (7), by adding at the end the following:
``A rehabilitation program may include a program that includes
flight training and does not lead to a degree.''; and
(2) by redesignating the first paragraph (10) as paragraph
(1).
SEC. 5. SOLE LIABILITY FOR TRANSFERRED EDUCATIONAL ASSISTANCE BY AN
INDIVIDUAL WHO FAILS TO COMPLETE A SERVICE AGREEMENT.
Subsection (i) of section 3319 of title 38, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``In the event'' and inserting
``Subject to paragraph (2), in the event''; and
(B) by inserting ``of this title'' after ``section
3685'';
(2) in subparagraph (A) of paragraph (2)--
(A) in the heading, by striking ``In general'' and
inserting ``Sole liability''; and
(B) by striking ``under paragraph (1)'' and
inserting ``for which the individual shall be solely
liable to the United States for the amount of the
overpayment for purposes of section 3685 of this
title''; and
(3) in subparagraph (B) of paragraph (2)--
(A) in the matter preceding clause (i), by striking
``Subparagraph (A) shall not apply'' and inserting
``Neither the individual nor the dependent shall be
liable to the United States for the amount of the
overpayment for purposes of section 3685 of this
title''; and
(B) in clause (ii), by inserting ``of this title''
after ``section 3311(c)(4)''.
SEC. 6. INCREASE OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL
ASSISTANCE FOR PROGRAMS OF EDUCATION IN REPUBLIC OF
PHILIPPINES.
(a) Short Title.--This section may be cited as the ``Filipino
Education Fairness Act''.
(b) Increase.--Section 3532 of title 38, United States Code, is
amended--
(1) by striking subsection (d); and
(2) by resdesignating subsections (e) through (g) as
subsections (d) through (f), respectively.
SEC. 7. PROVISION OF CERTIFICATES OF ELIGIBILITY AND AWARD LETTERS
USING ELECTRONIC MEANS.
Chapter 36 of title 38, United States Code, is amended by inserting
after section 3698 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 3698A. Provision of certificates of eligibility and award
letters using electronic means
``(a) Requirement.--Except as provided by subsection (b), the
Secretary shall provide to an individual the following documents using
electronic means:
``(1) A certificate of eligibility for the entitlement of
the individual to covered educational assistance.
``(2) An award letter regarding the authorization of the
individual to receive covered educational assistance.
``(b) Election To Opt Out.--An individual may elect to receive the
documents specified in subsection (a) by mail rather than through
electronic means under subsection (a). An individual may revoke such an
election at any time, by means prescribed by the Secretary.
``(c) Covered Educational Assistance.--In this section, the term
`covered educational assistance' means educational assistance under
chapter 30, 33, or 35, or section 3699C, of this title.''.
SEC. 8. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``November 14, 2031'' each place it
appears and inserting ``April 30, 2032''.
Union Calendar No. 48
118th CONGRESS
1st Session
H. R. 1669
[Report No. 118-68]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make permanent the high
technology pilot program of the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
May 17, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed