[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7105 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 7105
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2020
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To provide flexibility for the Secretary of Veterans Affairs in caring
for homeless veterans during a covered public health emergency, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dependable
Employment and Living Improvements for Veterans Economic Recovery Act''
or the ``DELIVER Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ASSISTANCE FOR HOMELESS VETERANS
Sec. 101. Flexibility for the Secretary of Veterans Affairs in caring
for homeless veterans during a covered
public health emergency.
Sec. 102. Expansion of eligibility for HUD-VASH.
Sec. 103. Legal services for homeless veterans and veterans at risk for
homelessness.
Sec. 104. Gap analysis of Department of Veterans Affairs Programs that
provide assistance to women veterans who
are homeless.
Sec. 105. Improvements to grants and agreements between the Secretary
of Veterans Affairs and entities that
provide services to homeless veterans.
Sec. 106. Repeal of sunset on authority to carry out program of
referral and counseling services for
veterans at risk for homelessness who are
transitioning from certain institutions.
Sec. 107. Coordination of case management services for veterans
receiving housing vouchers under Tribal
HUD-VASH program.
Sec. 108. Contracting for HUD-VASH case managers.
Sec. 109. Report on HUD-VASH staffing, training, and data systems.
TITLE II--RETRAINING ASSISTANCE FOR VETERANS
Sec. 201. COVID-19 Veteran Rapid Retraining Assistance Program.
Sec. 202. Access for the Secretaries of Labor and Veterans Affairs to
the Federal directory of new hires.
Sec. 203. Expansion of eligible class of providers of high technology
programs of education for veterans.
Sec. 204. Pilot program for off-base transition training for veterans
and spouses.
Sec. 205. Grants for provision of transition assistance to members of
the Armed Forces after separation,
retirement, or discharge.
Sec. 206. One-year independent assessment of the effectiveness of
Transition Assistance Program.
Sec. 207. Longitudinal study on changes to TAP.
Sec. 208. Department of Veterans Affairs loan fees.
TITLE I--ASSISTANCE FOR HOMELESS VETERANS
SEC. 101. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING
FOR HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH
EMERGENCY.
(a) General Support.--
(1) Use of funds.--During a covered public health
emergency, the Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available to the Department of
Veterans Affairs to carry out sections 2011, 2012, 2031, and
2061 of title 38, United States Code, to provide to homeless
veterans and veterans participating in the program carried out
under section 8(o)(19) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)) (commonly referred to as ``HUD-
VASH''), as the Secretary determines is needed, the following:
(A) Assistance required for safety and survival
(such as food, shelter, clothing, blankets, and hygiene
items).
(B) Transportation required to support stability
and health (such as for appointments with service
providers, conducting housing searches, and obtaining
food and supplies).
(C) Communications equipment and services (such as
tablets, smartphones, disposable phones, and related
service plans) required to support stability and health
(such as maintaining contact with service providers,
prospective landlords, and family).
(D) Such other assistance as the Secretary
determines is needed.
(2) Homeless veterans on land of the department.--
(A) Collaboration.--During a covered public health
emergency, to the extent possible, the Secretary may
collaborate with one or more organizations to manage
use of land of the Department for homeless veterans for
living and sleeping.
(B) Elements.--Collaboration under subparagraph (A)
may include the provision by either the Secretary or
the organization of food services and security for
property, buildings, and other facilities owned or
controlled by the Department.
(b) Grant and Per Diem Program.--
(1) Limits on rates for per diem payments.--Section
20013(b) of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) in the matter preceding subparagraph (A), as so
redesignated, by inserting ``(1)'' before ``In the
case''; and
(C) by adding at the end the following:
``(2) If the Secretary waives any limit on grant amounts or rates
for per diem payments under paragraph (1), notwithstanding section
2012(a)(2)(B) of such title, the maximum rate for per diem payments
described in paragraph (1)(B) shall be three times the rate authorized
for State homes for domiciliary care under section 1741 of such
title.''.
(2) Use of per diem payments.--During a covered public
health emergency, a recipient of a grant or an eligible entity
under the grant and per diem program of the Department (in this
subsection referred to as the ``program'') may use per diem
payments under sections 2012 and 2061 of title 38, United
States Code, to provide assistance required for safety and
survival (such as food, shelter, clothing, blankets, and
hygiene items) for--
(A) homeless veterans; and
(B) formerly homeless veterans residing in a
facility operated wholly or in part by such a recipient
or eligible entity receiving per diem payments under
section 2012 of such title.
(3) Additional transitional housing.--
(A) In general.--During a covered public health
emergency, under the program, the Secretary may provide
amounts for additional transitional housing beds to
facilitate access to housing and services provided to
homeless veterans.
(B) Notice; competition; period of performance.--
The Secretary may provide amounts under subparagraph
(A)--
(i) without notice or competition; and
(ii) for a period of performance determined
by the Secretary.
(4) Inspections and life safety code requirements.--
(A) In general.--During a covered public health
emergency, the Secretary may waive any requirement
under subsection (b) or (c) of section 2012 of title
38, United States Code, in order to allow the recipient
of a grant or an eligible entity under the program--
(i) to quickly identify temporary alternate
sites of care for homeless veterans that are
suitable for habitation;
(ii) to facilitate social distancing or
isolation needs; or
(iii) to facilitate activation or
continuation of a program for which a grant has
been awarded.
(B) Limitation.--The Secretary may waive a
requirement pursuant to the authority provided by
subparagraph (A) with respect to a facility of a
recipient of a grant or an eligible entity under the
program only if the facility meets applicable local
safety requirements, including fire safety
requirements.
(c) Inspection and Life Safety Code Requirements for Therapeutic
Housing.--
(1) In general.--During a covered public health emergency,
the Secretary may waive any inspection or life safety code
requirement under subsection (c) of section 2032 of title 38,
United States Code--
(A) to allow quick identification of temporary
alternate sites of care for homeless veterans that are
suitable for habitation;
(B) to facilitate social distancing or isolation
needs; or
(C) to facilitate the operation of housing under
such section.
(2) Limitation.--The Secretary may waive a requirement
pursuant to the authority provided by paragraph (1) with
respect to a residence or facility referred to in such section
2032 only if the residence or facility, as the case may be,
meets applicable local safety requirements, including fire
safety requirements.
(d) Access to Department of Veterans Affairs Telehealth Services.--
To the extent practicable, during a covered public health emergency,
the Secretary shall ensure that veterans participating in or receiving
services from a program under chapter 20 of title 38, United States
Code, have access to telehealth services to which such veterans are
eligible under the laws administered by the Secretary, including by
ensuring that telehealth capabilities are available to--
(1) such veterans;
(2) case managers of the Department of programs for
homeless veterans authorized under such chapter; and
(3) community-based service providers for homeless veterans
receiving funds from the Department through grants or
contracts.
(e) Definitions.--In this section:
(1) Covered public health emergency.--The term ``covered
public health emergency'' means an emergency with respect to
COVID-19 declared by a Federal, State, or local authority.
(2) Homeless veteran; veteran.--The terms ``homeless
veteran'' and ``veteran'' have the meanings given those terms
in section 2002 of title 38, United States Code.
(3) Telehealth.--
(A) In general.--The term ``telehealth'' means the
use of electronic information and telecommunications
technologies to support and promote long-distance
clinical health care, patient and professional health-
related education, public health, and health
administration.
(B) Technologies.--For purposes of subparagraph
(A), ``telecommunications technologies'' include video
conferencing, the internet, streaming media, and
terrestrial and wireless communications.
(f) Emergency Designations.--
(1) In general.--This section is designated as an emergency
requirement pursuant to section 4(g) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(g)).
(2) Designation in senate.--In the Senate, this section is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
SEC. 102. EXPANSION OF ELIGIBILITY FOR HUD-VASH.
(a) HUD Provisions.--Section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end
the following new subparagraph:
``(D) Veteran defined.--In this paragraph, the term
`veteran' has the meaning given that term in section
2002(b) of title 38, United States Code.''.
(b) VHA Case Managers.--Subsection (b) of section 2003 of title 38,
United States Code, is amended by adding at the end the following: ``In
the case of vouchers provided under the HUD-VASH program under section
8(o)(19) of such Act, for purposes of the preceding sentence, the term
`veteran' shall have the meaning given such term in section 2002(b) of
this title.''.
(c) Annual Report.--
(1) In general.--Not less frequently than once each year,
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 on
the homelessness services provided under programs of the
Department of Veterans Affairs, including services under the
program carried out under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred
to as ``HUD-VASH'').
(2) Included information.--Each such annual report shall
include, with respect to the year preceding the submittal of
the report--
(A) a statement of the number of eligible
individuals who were furnished such homelessness
services;
(B) the number of individuals furnished such
services under each such program, disaggregated by the
number of men who received such services and the number
of women who received such services; and
(C) such other information the Secretary determines
appropriate.
SEC. 103. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT RISK FOR
HOMELESSNESS.
(a) In General.--Chapter 20 of title 38, United States Code, is
amended by inserting after section 2022 the following new section:
``Sec. 2022A. Legal services for homeless veterans and veterans at risk
for homelessness
``(a) Grants.--Subject to the availability of appropriations
provided for such purpose, the Secretary of Veterans Affairs shall make
grants to eligible entities that provide legal services to homeless
veterans and veterans at risk for homelessness.
``(b) Criteria.--(1) The Secretary shall--
``(A) establish criteria and requirements for grants under
this section, including criteria for entities eligible to
receive such grants; and
``(B) publish such criteria and requirements in the Federal
Register.
``(2) In establishing criteria and requirements under paragraph
(1), the Secretary shall--
``(A) take into consideration any criteria and requirements
needed with respect to carrying out this section in rural
communities, Tribal lands, and the territories and possessions
of the United States; and
``(B) consult with organizations that have experience in
providing services to homeless veterans, including veterans
service organizations, the Equal Justice Works AmeriCorps
Veterans Legal Corps, and other organizations the Secretary
determines appropriate.
``(c) Eligible Entities.--The Secretary may make a grant under this
section to an entity applying for such a grant only if the applicant
for the grant--
``(1) is a public or nonprofit private entity with the
capacity (as determined by the Secretary) to effectively
administer a grant under this section;
``(2) demonstrates that adequate financial support will be
available to carry out the services for which the grant is
sought consistent with the application;
``(3) agrees to meet the applicable criteria and
requirements established under subsection (b)(1); and
``(4) has, as determined by the Secretary, demonstrated the
capacity to meet such criteria and requirements.
``(d) Use of Funds.--Grants under this section shall be used to
provide homeless veterans and veterans at risk for homelessness the
following legal services:
``(1) Legal services related to housing, including eviction
defense, representation in landlord-tenant cases, and
representation in foreclosure cases.
``(2) Legal services related to family law, including
assistance in court proceedings for child support, divorce,
estate planning, and family reconciliation.
``(3) Legal services related to income support, including
assistance in obtaining public benefits.
``(4) Legal services related to criminal defense, including
defense in matters symptomatic of homelessness, such as
outstanding warrants, fines, and driver's license revocation,
to reduce recidivism and facilitate the overcoming of reentry
obstacles in employment or housing.
``(5) Legal services related to requests to upgrade the
characterization of a discharge or dismissal of a former member
of the Armed Forces under section 1553 of title 10.
``(6) Such other legal services as the Secretary determines
appropriate.
``(e) Funds for Women Veterans.--For any fiscal year, not less than
10 percent of the amount authorized to be appropriated for grants under
this section shall be used to provide legal services described in
subsection (d) to women veterans.
``(f) Locations.--To the extent practicable, the Secretary shall
make grants under this section to eligible entities in a manner that is
equitably distributed across the geographic regions of the United
States, including with respect to--
``(1) rural communities;
``(2) Tribal lands;
``(3) Native Americans; and
``(4) Tribal organizations.
``(g) Reports.--On a biennial basis, the Secretary shall submit to
the Committees on Veterans' Affairs of the House of Representatives and
the Senate a report on grants under this section. To the extent
feasible, each such report shall include the following with respect to
the year covered by the report:
``(1) The number of homeless veterans and veterans at risk
for homelessness assisted.
``(2) A description of the legal services provided.
``(3) A description of the legal matters addressed.
``(4) An analysis by the Secretary with respect to the
operational effectiveness and cost-effectiveness of the
services provided.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2022 the following new item:
``2022A. Legal services for homeless veterans and veterans at risk for
homelessness.''.
(c) Criteria.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish the criteria and requirements in the Federal Register
pursuant to subsection (b)(1) of section 2022A of title 38, United
States Code, as added by subsection (a).
SEC. 104. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS THAT
PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS.
(a) In General.--The Secretary of Veterans Affairs shall complete
an analysis of programs of the Department of Veterans Affairs that
provide assistance to women veterans who are homeless or precariously
housed to identify the areas in which such programs are failing to meet
the needs of such women.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary 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 analysis completed
under subsection (a).
SEC. 105. IMPROVEMENTS TO GRANTS AND AGREEMENTS BETWEEN THE SECRETARY
OF VETERANS AFFAIRS AND ENTITIES THAT PROVIDE SERVICES TO
HOMELESS VETERANS.
(a) Increase in Per Diem Payments.--Subsection (a)(2)(B) of section
2012 of title 38, United States Code, is amended--
(1) by striking clause (i) and inserting the following:
``(i) Except as provided in clause (ii) or (iii) and subject to the
availability of appropriations, the Secretary shall determine the rate
under this paragraph, which--
``(I) may not--
``(aa) be lower than the amount in effect under
this clause as in effect immediately preceding the
enactment of the Dependable Employment and Living
Improvements for Veterans Economic Recovery Act; or
``(bb) exceed the amount that is 115 percent of the
rate authorized for State homes for domiciliary care
under subsection (a)(1)(A) of section 1741 of this
title, as the Secretary may increase from time to time
under subsection (c) of that section; and
``(II) may be determined on the basis of locality.''; and
(2) by adding at the end the following new clause:
``(iii) With respect to a homeless veteran who has care of a minor
dependent while receiving services from the grant recipient or eligible
entity, the daily cost of care shall be the sum of the daily cost of
care determined under subparagraph (A) plus, for each such minor
dependent, an amount that equals 50 percent of such daily cost of
care.''.
(b) Reimbursement of Certain Fees.--Such section is further amended
by adding at the end the following new subsection:
``(e) Reimbursement of Entities for Certain Fees.--The Secretary
may reimburse the recipient of a grant under section 2011, 2012, 2013,
or 2061 of this title for fees charged to that grant recipient for the
use of the homeless management information system described in section
402 of the McKinney-Vento Homeless Assistance Act (Public Law 100-77;
42 U.S.C. 11630a)--
``(1) in amounts the Secretary determines to be reasonable;
and
``(2) if the Secretary determines that the grant recipient
is unable to obtain information contained in such system
through other means and at no cost to the grant recipient.''.
SEC. 106. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF
REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR
HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN
INSTITUTIONS.
Section 2023 of title 38, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 107. COORDINATION OF CASE MANAGEMENT SERVICES FOR VETERANS
RECEIVING HOUSING VOUCHERS UNDER TRIBAL HUD-VASH PROGRAM.
Section 2003 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(c) MOU on IHS Assistance.--The Secretary may enter into a
memorandum of understanding with the Secretary of Health and Human
Services under which case managers of the Indian Health Service may
provide case management assistance to veterans who receive housing
vouchers under the Tribal HUD-VASH program of the Department of Housing
and Urban Development.''.
SEC. 108. CONTRACTING FOR HUD-VASH CASE MANAGERS.
(a) In General.--Section 304 of the Honoring America's Veterans and
Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 38
U.S.C. 2041 note) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``The Secretary'';
(B) by adding at the end the following new
paragraphs:
``(2)(A) Subject to subparagraphs (B) and (C), the director of a
covered medical center shall seek to enter into a contract or agreement
described in paragraph (1).
``(B) A contract or agreement under subparagraph (A) may require
that a case manager employed by an eligible entity have credentials
equivalent to those of a case manager of the Department.
``(C) The Secretary may waive the requirement under subparagraph
(A) if the Secretary determines that fulfilling such requirement is
infeasible. If the Secretary grants such a waiver, the Secretary shall
submit, not later than 90 days after granting such waiver, to the
Committees on Veterans' Affairs of the Senate and House of
Representatives, a report containing--
``(i) an explanation of that determination;
``(ii) a plan to increase the number of case managers of
the Department; and
``(iii) a plan for the covered medical center to increase
use of such vouchers.
``(D) In this paragraph, the term `covered medical center' means a
medical center of the Department that the Secretary determines--
``(i) had more than 15 percent of all vouchers allocated to
that medical center under the program described in paragraph
(1) through the fiscal year preceding such determination go
unused due to a lack of case management services provided by
the Secretary; and
``(ii) has a case manager position that has been vacant for
at least nine consecutive months immediately preceding the date
of such determination.''; and
(2) in subsection (b)(2)--
(A) in the matter before subparagraph (A), by
striking ``, including because--'' and inserting a
period; and
(B) by striking subparagraphs (A), (B), and (C).
(b) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year to begin on or after
the date of the enactment of this Act.
SEC. 109. REPORT ON HUD-VASH STAFFING, TRAINING, AND DATA SYSTEMS.
Not later than 180 days after the date of the enactment of this
Act, and every three years thereafter, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a report that includes the
following:
(1) An assessment of the hiring needs of the program
carried out under section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as
``HUD-VASH''), including--
(A) identification of the number of HUD-VASH case
managers as of the date of the report including--
(i) the total number of vacancies; and
(ii) the vacancies at each medical center
of the Department of Veterans Affairs;
(B) the number of HUD-VASH case managers that the
Secretaries of Veterans Affairs and Housing and Urban
Development determine necessary to meet the needs of
the Department and program; and
(C) the amount of turnover among HUD-VASH case
managers and whether the turnover was planned or
unexpected.
(2) An assessment of how compensation, including
recruitment and retention incentives, for HUD-VASH case
managers affects turnover, and what percentage of retention
compensation is provided to case managers at each medical
center of the Department of Veterans Affairs (compared to other
positions).
(3) A comparison of compensation described in paragraph (2)
with the compensation provided to State, local, and
nongovernmental housing employees at comparable training and
experience levels.
(4) Examples of how the Departments have worked with non-
Federal partners (such as local governments, nongovernmental
organizations, veterans service organizations, and employee
unions) to meet the staffing needs of the HUD-VASH program.
(5) Examples of how medical centers of the Department of
Veterans Affairs with high retention rates for HUD-VASH case
managers have been able to maintain their staffing levels.
TITLE II--RETRAINING ASSISTANCE FOR VETERANS
SEC. 201. COVID-19 VETERAN RAPID RETRAINING ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a program under which the Secretary shall provide up to 12 months of
retraining assistance to an eligible veteran for the pursuit of a
covered program of education. Such retraining assistance shall be in
addition to any other entitlement to educational assistance or benefits
for which a veteran is, or has been, eligible.
(b) Eligible Veterans.--
(1) In general.--For purposes of this section, the term
``eligible veteran'' means a veteran who--
(A) as of the date of the receipt by the Department
of Veterans Affairs of the application for assistance
under this section, is at least 22 years of age but not
more than 66 years of age;
(B) as of such date, is unemployed by reason of the
covered public health emergency, as certified by the
veteran;
(C) as of such date, is not eligible to receive
educational assistance under chapter 30, 31, 32, 33, or
35 of title 38, United States Code, or chapter 1606 of
title 10, United States Code;
(D) is not enrolled in any Federal or State jobs
program;
(E) is not in receipt of compensation for a
service-connected disability rated totally disabling by
reason of unemployability; and
(F) will not be in receipt of unemployment
compensation (as defined in section 85(b) of the
Internal Revenue Code of 1986), including any cash
benefit received pursuant to subtitle A of title II of
division A of the CARES Act (Public Law 116-136), as of
the first day on which the veteran would receive a
housing stipend payment under this section.
(2) Treatment of veterans who transfer entitlement.--For
purposes of paragraph (1)(C), a veteran who has transferred all
of the veteran's entitlement to educational assistance under
section 3319 of title 38, United States Code, shall be
considered to be a veteran who is not eligible to receive
educational assistance under chapter 33 of such title.
(3) Failure to complete.--A veteran who receives retraining
assistance under this section to pursue a program of education
and who fails to complete the program of education shall not be
eligible to receive additional assistance under this section.
(c) Covered Programs of Education.--
(1) In general.--For purposes of this section, a covered
program of education is a program of education (as such term is
defined in section 3452(b) of title 38, United States Code) for
training, pursued on a full-time or part-time basis--
(A) that--
(i) is approved under chapter 36 of such
title;
(ii) does not lead to a bachelors or
graduate degree; and
(iii) is designed to provide training for a
high-demand occupation, as determined under
paragraph (3); or
(B) that is a high technology program of education
offered by a qualified provider, under the meaning
given such terms in section 116 of the Harry W. Colmery
Veterans Educational Assistance Act of 2017 (Public Law
115-48; 38 U.S.C. 3001 note).
(2) Accredited programs.--In the case of an accredited
program of education, the program of education shall not be
considered a covered program of education under this section if
the program has received a show cause order from the accreditor
of the program during the five-year period preceding the date
of the enactment of this Act.
(3) Determination of high-demand occupations.--
(A) Initial implementation.--In carrying out this
section, the Secretary shall use the list of high-
demand occupations compiled by the Commissioner of
Labor Statistics until the final list under
subparagraph (C) is complete.
(B) Study required.--The Secretary of Veterans
Affairs shall enter into an agreement with a federally
funded research and development corporation or another
appropriate non-Department entity for the conduct of a
study to determine which occupations are high-demand
occupations. Such study shall be completed not later
than 90 days after the date of the enactment of this
Act.
(C) Final list.--The Secretary--
(i) may add or remove occupation from the
list in use pursuant to subparagraph (A) during
the 90-day period following the completion of
the study required by subparagraph (B);
(ii) shall issue a final list of high-
demand occupations for use under this section
by not later than 90 days after the date of the
completion of the study; and
(iii) shall make such final list publicly
available on a website of the Department.
(D) Use of list.--The Secretary shall use the list
developed under this paragraph in order to apply the
requirement that retraining assistance under this
section is used for training for a high-demand
occupation, but the Secretary may remove occupations
from the list as the Secretary determines appropriate.
(4) Full-time defined.--For purposes of this subsection,
the term ``full-time'' has the meaning given such term under
section 3688 of title 38, United States Code.
(d) Amount of Assistance.--
(1) Retraining assistance.--The Secretary of Veterans
Affairs shall provide to an eligible veteran pursuing a covered
program of education under the retraining assistance program
under this section an amount equal to the amount of educational
assistance payable under section 3313(c)(1)(A) of title 38,
United States Code, for each month the veteran pursues the
covered program of education. Such amount shall be payable
directly to the educational institution offering the covered
program of education pursued by the veteran as follows:
(A) 50 percent of the total amount payable shall be
paid when the eligible veteran begins the program of
education.
(B) 25 percent of the total amount payable shall be
paid when the eligible veteran completes the program of
education.
(C) 25 percent of the total amount payable shall be
paid when the eligible veteran finds employment in a
field related to the program of education.
(2) Failure to complete.--
(A) Pro-rated payments.--In the case of a veteran
who pursues a covered program of education under the
retraining assistance program under this section, but
who does not complete the program of education, the
Secretary shall pay to the educational institution
offering such program of education a pro-rated amount
based on the number of months the veteran pursued the
program of education in accordance with this paragraph.
(B) Payment otherwise due upon completion of
program.--The Secretary shall pay to the educational
institution a pro-rated amount under paragraph (1)(B)
when the veteran provides notice to the educational
institution that the veteran no longer intends to
pursue the program of education.
(C) Nonrecovery from veteran.--In the case of a
veteran referred to in subparagraph (A), the
educational institution may not seek payment from the
veteran for any amount that would have been payable
under paragraph (1)(B) had the veteran completed the
program of education.
(D) Payment due upon employment.--
(i) Veterans who find employment.--In the
case of a veteran referred to in subparagraph
(A) who finds employment in a field related to
the program of education during the 180-day
period beginning on the date on which the
veteran withdraws from the program of
education, the Secretary shall pay to the
educational institution a pro-rated amount
under paragraph (1)(C) when the veteran finds
such employment.
(ii) Veterans who do not find employment.--
In the case of a veteran referred to in
subparagraph (A) who does not find employment
in a field related to the program of education
during the 180-day period beginning on the date
on which the veteran withdraws from the program
of education--
(I) the Secretary shall not make a
payment to the educational institution
under paragraph (1)(C); and
(II) the educational institution
may not seek payment from the veteran
for any amount that would have been
payable under paragraph (1)(C) had the
veteran found employment during such
180-day period.
(3) Housing stipend.--For each month that an eligible
veteran pursues a covered program of education under the
retraining assistance program under this section, the Secretary
shall pay to the veteran a monthly housing stipend in an amount
equal to--
(A) in the case of a covered program of education
leading to a degree, or a covered program of education
not leading to a degree, at an institution of higher
learning (as that term is defined in section 3452(f) of
title 38, United States Code) pursued on more than a
half-time basis, the amount specified under subsection
(c)(1)(B) of section 3313 of title 38, United States
Code;
(B) in the case of a covered program of education
other than a program of education leading to a degree
at an institution other than an institution of higher
learning pursued on more than a half-time basis, the
amount specified under subsection (g)(3)(A)(ii) of such
section; or
(C) in the case of a covered program of education
pursued on less than a half-time basis, or a covered
program of education pursued solely through distance
learning on more than a half-time basis, the amount
specified under subsection (c)(1)(B)(iii) of such
section.
(4) Failure to find employment.--The Secretary shall not
make a payment under paragraph (1)(C) with respect to an
eligible veteran who completes or fails to complete a program
of education under the retraining assistance program under this
section if the veteran fails to find employment in a field
related to the program of education within the 180-period
beginning on the date on which the veteran withdraws from or
completes the program.
(e) No Transferability.--Retraining assistance provided under this
section may not be transferred to another individual.
(f) Employment Assistance.--
(1) In general.--The Secretary of Labor shall contact each
veteran who pursues a covered program of education under this
section--
(A) not later than 30 days after the date on which
the veteran begins the program of education to notify
the veteran of the availability of employment placement
services upon completion of the program; and
(B) not later than 14 days after the date on which
the veteran completes, or terminates participation in,
such program to facilitate the provision of employment
placement services to such veteran.
(2) Provision of information.--The Secretary of Veterans
Affairs shall provide to the Secretary of Labor such
information as may be necessary to carry out paragraph (1).
(g) Nonprofit Organization.--
(1) In general.--The Secretary of Veterans Affairs shall
seek to enter into a memorandum of understanding with one or
more qualified nonprofit organizations for the purpose of
facilitating the employment of veterans who participate in the
retraining assistance program under this section.
(2) Qualified nonprofit organization.--For purposes of this
subsection, a qualified nonprofit organization is a nonprofit
organization that--
(A) is an association of businesses; and
(B) has at least two years of experience providing
job placement services for veterans.
(h) Follow up Outreach.--The Secretary of Veterans Affairs, in
coordination with the Secretary of Labor shall contact each veteran who
completes a covered program of education under the retraining
assistance program under this section 30, 60, 90, and 180 days after
the veteran completes such program of education to ask the veteran
about the experience of the veteran in the retraining assistance
program and the veteran's employment status.
(i) Quarterly Reports.--Not later than the date that is one year
after the date of the enactment of this Act, and quarterly thereafter,
the Secretary of Labor shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report containing
the following information about veterans who participate in the
retraining assistance program under this section:
(1) The percentage of such veterans who found employment
before the end of the second calendar quarter after exiting the
program.
(2) The percentage of such veterans who found employment
before the end of the fourth calendar quarter after exiting the
program.
(3) The median earnings of all such veterans for the second
quarter after exiting the program.
(4) The percentage of such veterans who attain a recognized
postsecondary credential during the 12-month period after
exiting the program.
(j) Limitation.--Not more than 17,250 eligible veterans may receive
retraining assistance under this section.
(k) Termination.--No retraining assistance may be paid under this
section after the date that is 21 months after the date of the
enactment of this Act.
(l) GAO Report.--Not later than 180 days after the termination of
the retraining assistance program under subsection (k), the Comptroller
General shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the outcomes and
effectiveness of the program.
(m) Definitions.--In this section:
(1) The term ``covered public health emergency'' means the
declaration--
(A) of a public health emergency, based on an
outbreak of COVID-19 by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
(B) of a domestic emergency, based on an outbreak
of COVID-19 by the President, the Secretary of Homeland
Security, or State, or local authority.
(2) The term ``veteran'' means--
(A) a person who served in the active military,
naval, or air service, and who was discharged or
released therefrom under conditions other than
dishonorable; or
(B) a member of a reserve component of the Armed
Forces who performs active service for a period of 30
days or longer by reason of the covered public health
emergency.
(3) The term ``active service'' has the meaning given such
term in section 101 of title 10, United States Code.
(n) Funding.--
(1) In general.--For each fiscal year for which the
Secretary provides retraining assistance under this section,
such sums as may be necessary shall be made available for such
assistance from funds appropriated to, or otherwise made
available to, the Department for the payment of readjustment
benefits.
(2) Administrative costs.--There is authorized to be
appropriated $15,000,000 to carry out administrative functions
of this section.
(o) Initiation of Payments.--The Secretary may begin providing
retraining assistance under this section on the date that is 180 days
after the date of the enactment of this Act.
SEC. 202. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO
THE FEDERAL DIRECTORY OF NEW HIRES.
Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is
amended by adding at the end the following new paragraph:
``(4) Veteran employment.--The Secretaries of Labor and of
Veterans Affairs shall have access to information reported by
employers pursuant to subsection (b) of this section for
purposes of tracking employment of veterans.''.
SEC. 203. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH TECHNOLOGY
PROGRAMS OF EDUCATION FOR VETERANS.
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 (b), by adding at the end the following:
``The Secretary shall treat an individual as an eligible
veteran if the Secretary determines that the individual shall
become an eligible veteran fewer than 180 days after the date
of such determination. If an individual treated as an eligible
veteran by reason of the preceding sentence does anything to
make the veteran ineligible during the 180-day period referred
to in such sentence, the Secretary may require the veteran to
repay any benefits received by such veteran by reason of such
sentence.'';
(2) in subsection (c)--
(A) in paragraph (3)(A), by striking ``has been
operational for at least 2 years'' and inserting
``employs instructors whom the Secretary determines are
experts in their respective fields in accordance with
paragraph (6)''; and
(B) by adding at the end the following new
paragraph:
``(6) Experts.--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
eligible veterans;
``(C) provide relevant industry experience in the
fields of programs offered to incoming eligible
veterans; and
``(D) demonstrate relevant industry experience in
such fields of programs.'';
(3) in subsection (d), in the matter preceding paragraph
(1)--
(A) by inserting ``(not including an individual
described in the second sentence of subsection (b))''
after ``each eligible veteran''; and
(B) by inserting ``or part-time'' after ``full-
time'';
(4) in subsection (g), by striking ``$15,000,000'' and
inserting ``$45,000,000''; and
(5) by adding at the end the following new subsection (i):
``(i) Prohibition on Certain Accounting of Assistance.--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 title 38, United States Code.''.
SEC. 204. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS
AND SPOUSES.
(a) Extension of Pilot Program.--Subsection (a) of section 301 of
the Dignified Burial and Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 10 U.S.C. 1144 note) is amended--
(1) by striking ``During the two-year period beginning on
the date of the enactment of this Act'' and inserting ``During
the 5-year period beginning on the date of the enactment of the
Dependable Employment and Living Improvements for Veterans
Economic Recovery Act''; and
(2) by striking ``to assess the feasibility and
advisability of providing such program to eligible individuals
at locations other than military installations''.
(b) Locations.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``not less than three and
not more than five States'' and inserting ``not fewer than 50
locations in States (as defined in section 101 of title 38,
United States Code)'';
(2) in paragraph (2), by striking ``at least two'' and
inserting ``at least 20''; and
(3) by adding at the end the following new paragraphs:
``(5) Preferences.--In selecting States for participation
in the pilot program, the Secretary shall provide a preference
for any State with--
``(A) a high rate of usage of unemployment benefits
for recently separated members of the Armed Forces; or
``(B) a labor force or economy that has been
significantly impacted by the covered public health
emergency.
``(6) Covered public health emergency.--In this subsection,
the term `covered public health emergency' means the
declaration--
``(A) of a public health emergency, based on an
outbreak of COVID-19 by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
``(B) of a domestic emergency, based on an outbreak
of COVID-19 by the President, the Secretary of Homeland
Security, or State, or local authority.''.
(c) Annual Report.--Subsection (e) of such section is amended by
adding at the end the following new sentence: ``Each such report shall
include information about the employment outcomes of the eligible
individuals who received such training during the year covered by the
report.''.
(d) Conforming Repeal.--Subsection (f) of such section is repealed.
SEC. 205. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF
THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR
DISCHARGE.
(a) In General.--The Secretary of Veterans Affairs shall make
grants to eligible organizations for the provision of transition
assistance to members of the Armed Forces who are separated, retired,
or discharged from the Armed Forces, and spouses of such members.
(b) Use of Funds.--The recipient of a grant under this section
shall use the grant to provide to members of the Armed Forces and
spouses described in subsection (a) resume assistance, interview
training, job recruitment training, and related services leading
directly to successful transition, as determined by the Secretary.
(c) Eligible Organizations.--To be eligible for a grant under this
section, an organization shall submit to the Secretary an application
containing such information and assurances as the Secretary, in
consultation with the Secretary of Labor, may require.
(d) Priority.--In making grants under this section, the Secretary
shall give priority to an organization that--
(1) provides multiple forms of services described in
subsection (b); or
(2) is located in a State with--
(A) a high rate of veteran unemployment;
(B) a high rate of usage of unemployment benefits
for recently separated members of the Armed Forces; or
(C) a labor force or economy that has been
significantly impacted by the covered public health
emergency (as such term is defined in section
201(l)(1)).
(e) Amount of Grant.--A grant under this section shall be in an
amount that does not exceed 50 percent of the amount required by the
organization to provide the services described in subsection (b).
(f) Deadline.--The Secretary shall carry out this section not later
than six months after the effective date of this Act.
(g) Termination.--The authority to provide a grant under this
section shall terminate on the date that is five years after the date
on which the Secretary implements the grant program under this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 206. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF
TRANSITION ASSISTANCE PROGRAM.
(a) Independent Assessment.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the covered officials, shall enter into an agreement
with an appropriate entity with experience in adult education to carry
out a one-year independent assessment of the Transition Assistance
Program under sections 1142 and 1144 of title 10, United States Code
(in this section referred to as ``TAP''), including--
(1) the effectiveness of TAP for members of each military
department during the entire military life cycle;
(2) the appropriateness of the TAP career readiness
standards;
(3) a review of information that is provided to the
Department of Veterans Affairs under TAP, including mental
health data;
(4) whether TAP effectively addresses the challenges
veterans face entering the civilian workforce and in
translating experience and skills from military service to the
job market;
(5) whether TAP effectively addresses the challenges faced
by the families of veterans making the transition to civilian
life;
(6) appropriate metrics regarding TAP outcomes for members
of the Armed Forces one year after separation, retirement, or
discharge from the Armed Forces;
(7) what the Secretary, in consultation with the covered
officials and veterans service organizations determine to be
successful outcomes for TAP;
(8) whether members of the Armed Forces achieve successful
outcomes for TAP, as determined under paragraph (7);
(9) how the Secretary and the covered officials provide
feedback to each other regarding such outcomes;
(10) recommendations for the Secretaries of the military
departments regarding how to improve outcomes for members of
the Armed Forces after separation, retirement, and discharge;
and
(11) other topics the Secretary and the covered officials
determine would aid members of the Armed Forces as they
transition to civilian life.
(b) Report.--Not later than 90 days after the completion of the
independent assessment under subsection (a), the Secretary and the
covered officials, shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives and the Committees on Armed
Services of the Senate and House of Representatives--
(1) the findings and recommendations (including recommended
legislation) of the independent assessment prepared by the
entity described in subsection (a); and
(2) responses of the Secretary and the covered officials to
the findings and recommendations described in paragraph (1).
(c) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Secretary of Defense;
(B) the Secretary of Labor;
(C) the Administrator of the Small Business
Administration; and
(D) the Secretaries of the military departments.
(2) The term ``military department'' has the meaning given
that term in section 101 of title 10, United States Code.
SEC. 207. LONGITUDINAL STUDY ON CHANGES TO TAP.
(a) Study.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs, in consultation with
the Secretaries of Defense and Labor and the Administrator of the Small
Business Administration, shall conduct a five-year longitudinal study
regarding the Transition Assistance Program under sections 1142 and
1144 of title 10, United States Code (in this section referred to as
``TAP''), on three separate cohorts of members of the Armed Forces who
have separated from the Armed Forces, including--
(1) a cohort that has attended TAP counseling as
implemented on the date of the enactment of this Act;
(2) a cohort that attends TAP counseling after the
Secretaries of Defense and Labor implement changes recommended
in the report under section 206(b); and
(3) a cohort that has not attended TAP counseling.
(b) Progress Reports.--Not later than 90 days after the date that
is one year after the date of the initiation of the study under
subsection (a) and annually thereafter for the three subsequent years,
the Secretaries of Veterans Affairs, Defense, and Labor, and the
Administrator of the Small Business Administration, shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives and the Committees on Armed Services of the Senate and
House of Representatives a progress report of activities under the
study during the immediately preceding year.
(c) Final Report.--Not later than 180 days after the completion of
the study under subsection (a), the Secretaries of Veterans Affairs,
Defense, and Labor, and the Administrator of the Small Business
Administration, shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives and the Committees on Armed
Services of the Senate and House of Representatives a report of final
findings and recommendations based on the study.
(d) Elements.--The final report under subsection (c) shall include
information regarding the following:
(1) The percentage of each cohort that received
unemployment benefits during the study.
(2) The numbers of months members of each cohort were
employed during the study.
(3) Annual starting and ending salaries of members of each
cohort who were employed during the study.
(4) How many members of each cohort enrolled in an
institution of higher learning, as that term is defined in
section 3452(f) of title 38, United States Code.
(5) The academic credit hours, degrees, and certificates
obtained by members of each cohort during the study.
(6) The annual income of members of each cohort.
(7) The total household income of members of each cohort.
(8) How many members of each cohort own their principal
residences.
(9) How many dependents that members of each cohort have.
(10) The percentage of each cohort that achieves a
successful outcome for TAP, as determined under section
206(a)(7).
(11) Other criteria the Secretaries and the Administrator
of the Small Business Administration determine appropriate.
SEC. 208. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking subparagraph (E) and inserting the
following:
----------------------------------------------------------------------------------------------------------------
(E)(i) Interest rate reduction refinancing 0.50 0.50 NA
loan issued before January 1, 2021
----------------------------------------------------------------------------------------------------------------
(E)(ii) Interest rate reduction 0.85 0.85 NA
refinancing loan issued on or after
January 1, 2021, and before January 15,
2027
----------------------------------------------------------------------------------------------------------------
(E)(iii) Interest rate reduction 0.50 0.50 NA
refinancing loan issued on or after
January 15, 2027
----------------------------------------------------------------------------------------------------------------
Passed the House of Representatives September 23, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.