[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2523 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 2523

 To amend the American Rescue Plan Act of 2021 to improve the COVID-19 
Veteran Rapid Retraining Assistance program, to make certain technical 
   corrections to the Johnny Isakson and David P. Roe, M.D. Veterans 
    Health Care and Benefits Improvement Act of 2020, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2021

   Mr. Levin of California (for himself and Mr. Bost) introduced the 
   following bill; which was referred to the Committee on Veterans' 
 Affairs, and in addition to the Committee on the Budget, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the American Rescue Plan Act of 2021 to improve the COVID-19 
Veteran Rapid Retraining Assistance program, to make certain technical 
   corrections to the Johnny Isakson and David P. Roe, M.D. Veterans 
    Health Care and Benefits Improvement Act of 2020, 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 ``Training in High-demand Roles to 
Improve Veteran Employment Act'' or the ``THRIVE Act''.

SEC. 2. IMPROVEMENTS TO COVID-19 VETERAN RAPID RETRAINING ASSISTANCE 
              PROGRAM.

    Section 8006 of the American Rescue Plan Act of 2021 (Public Law 
117-2) is amended--
            (1) by striking paragraph (3) of subsection (c) and 
        inserting the following new paragraph (3):
            ``(3) Determination of high-demand occupations.--
                    ``(A) Initial implementation.--In carrying out this 
                section, the Secretary shall use the list of high-
                demand occupations prepared in conjunction with the 
                Secretary of Labor.
                    ``(B) Modifications.--The Secretary of Veterans 
                Affairs may add and remove occupations from the list 
                under subparagraph (A) as the Secretary determines 
                appropriate.'';
            (2) in subsection (d)(3)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``(other than such a program pursued solely 
                through distance learning on a half-time basis or 
                less)'' after ``a covered program of education under 
                the retraining assistance program under this section''; 
                and
                    (B) in subparagraph (C), by striking ``less than a 
                half-time basis'' and inserting ``a half-time basis or 
                less'';
            (3) by redesignating subsections (f), (g), and (h) as 
        subsections (k), (l), and (m), respectively;
            (4) by inserting after subsection (e) the following new 
        subsections:
    ``(f) Employee Assistance.--The Secretary of Veterans Affairs, in 
consultation with the Secretary of Labor, shall contact each veteran 
who pursues a covered program of education under this section--
            ``(1) 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
            ``(2) 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.
    ``(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) Comptroller General Report.--Not later than 180 days after 
the termination of the retraining assistance program under subsection 
(l), 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.'';
            (5) in subsection (l), as so redesignated, by striking ``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'' and inserting ``No retraining assistance may be paid 
        under this section for a covered program of education that 
        begins on or after December 11, 2022'';
            (6) in subsection (m), as so redesignated, by inserting at 
        the end the following new sentences: ``Amounts made available 
        to carry out this section shall be deposited in the Department 
        of Veterans Affairs, Veterans Benefits Administration, 
        Readjustment Benefits account. If any amounts so appropriated 
        are deposited into a different account of the Department, the 
        Secretary shall transfer an amount equal to such deposited 
        amounts from the account to which the amounts were deposited to 
        the Department of Veterans Affairs, Veterans Benefits 
        Administration, Readjustment Benefits account. Not more than 
        $386,000,000 may be obligated or expended to carry out this 
        section.''; and
            (7) by adding at the end the following new subsection:
    ``(n) 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.''.

SEC. 3. INFORMATION PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS ABOUT 
              POSTSECONDARY EDUCATIONAL INSTITUTIONS.

    (a) Additional Information To Be Provided.--Subsection (c) of 
section 3698 of title 38, United States Code, is amended--
            (1) in paragraph (1)(C)--
                    (A) in clause (xi), by striking ``and'' at the end;
                    (B) in clause (xii), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
                    ``(xiii) whether the institution is listed on the 
                College Navigator website as affiliated with a religion 
                and, if so, which religious denomination;
                    ``(xiv) whether the Secretary of Education or other 
                head of a department or agency of the Federal 
                Government has determined that the institution is a 
                minority serving institution and, if so, which one or 
                more types of minority serving institutions; and
                    ``(xv) whether the institution is gender 
                specific.''; and
            (2) in paragraph (2), by adding at the end the following 
        new sentence: ``To the extent practicable, the Secretary shall 
        ensure that such information is provided in a searchable 
        format.''.
    (b) Definition.--Subsection (f) of such section is amended by 
adding at the end the following new paragraphs:
            ``(3) The term `College Navigator website' has the meaning 
        given that term in section 132 of the Higher Education Act (20 
        U.S.C. 1015a).
            ``(4) The term `minority serving institution' means any of 
        the following:
                    ``(A) A part B institution, as such term is defined 
                in section 322(2) of the Higher Education Act (20 
                U.S.C. 1061(2)).
                    ``(B) A Hispanic-serving institution, as such term 
                is defined in section 502(a)(5) of such Act (20 U.S.C. 
                1101a(5)).
                    ``(C) A Tribal College or University, as such term 
                is defined in section 316(b)(3) of such Act (20 U.S.C. 
                1059c(b)(3)).
                    ``(D) A predominantly Black institution, as such 
                term is defined in section 318(b)(6) of such Act (20 
                U.S.C. 1059e(b)(6)).
                    ``(E) A Native American-serving, nontribal 
                institution, as such term is defined in section 
                319(b)(2) of such Act (20 U.S.C. 1059f(b)(6)).
                    ``(F) An Alaska Native-serving institution or 
                Native Hawaiian-serving institution, as such terms are 
                defined in section 317(b) of such Act (20 U.S.C. 
                1059d(b)).
                    ``(G) An Asian American and Native American Pacific 
                Islander-serving institution, as such term is defined 
                in section 320(b) of such Act (20 U.S.C. 1059g(b)).''.
    (c) Application.--The amendments made by this section shall apply 
with respect to the information provided under section 3698 of title 
38, United States Code, beginning on the date that is two years after 
the date of the enactment of this Act.

SEC. 4. DELAY OF EFFECTIVE DATE FOR LIMITATION ON COLOCATION AND 
              ADMINISTRATION OF STATE APPROVING AGENCIES.

    Section 1024 of the Johnny Isakson and David P. Roe, M.D. Veterans 
Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) 
is amended to read as follows:

``SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF STATE 
              APPROVING AGENCIES.

    ``(a) In General.--Section 3671 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ```(c) The Secretary may not recognize a State department or agency 
as the State approving agency for a State for purposes of this chapter 
if such department or agency is administered at, or colocated with, a 
university or university system that offers courses or programs of 
education that are subject to approval under this chapter by the State 
approving agency for that State.'.
    ``(b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is one year after the date of the 
enactment of this Act.''.

SEC. 5. CLARIFICATION OF APPLICABILITY OF TREATMENT OF CERTAIN FOR-
              PROFIT EDUCATIONAL INSTITUTIONS.

    (a) Clarification.--Section 1022(c) of the Johnny Isakson and David 
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 
(Public Law 116-315) is amended by inserting ``, or the conversion of a 
for-profit educational institution to a public educational 
institution,'' after ``nonprofit educational institution''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply as if included in the enactment of the Johnny Isakson and David 
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 
(Public Law 116-315).

SEC. 6. CLARIFICATIONS REGARDING REQUIREMENTS FOR EDUCATIONAL 
              INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL ASSISTANCE 
              PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.

    Subsection (f) of section 3679 of title 38, United States Code, as 
added by section 1018 of the Johnny Isakson and David P. Roe, M.D. 
Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 
116-315), is amended--
            (1) in paragraph (1)(E), by inserting ``, to the maximum 
        extent practicable,'' after ``including'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, or any person with whom the institution 
                has an agreement to provide educational programs, 
                marketing, advertising, recruiting or admissions 
                services,'' after ``educational institution'';
                    (B) in paragraph (A)(ii), by striking ``1-month'' 
                and inserting ``one-month''; and
                    (C) by striking subparagraph (B) and inserting the 
                following new subparagraph (B):
            ``(B) Provides a commission, bonus, or other incentive 
        payment based directly or indirectly on success in securing 
        enrollments or financial aid to any persons or entities engaged 
        in any student recruiting or admission activities or in making 
        decisions regarding the award of student financial 
        assistance.'';
            (3) in paragraph (4)(A), by striking clause (ii) and 
        inserting the following new clauses:
            ``(ii) Suspending the approval of the courses and programs 
        of education offered by the educational institution by 
        disapproving new enrollments of eligible veterans and eligible 
        persons in each course or program of education offered by that 
        educational institution.
            ``(iii) Revoking the approval of the courses and programs 
        of education offered by the educational institution by 
        disapproving all enrollments of eligible veterans and eligible 
        persons in each course or program of education offered by that 
        educational institution''; and
            (4) in paragraph (5)(A), by striking ``1-academic-year 
        period'' and inserting ``one-academic-year period''.

SEC. 7. TECHNICAL CORRECTIONS.

    (a) Title 38.--Title 38, United States Code, is amended as follows:
            (1) The second section 1164, as added by section 5501 the 
        Johnny Isakson and David P. Roe, M.D. Veterans Health Care and 
        Benefits Improvement Act of 2020 (Public Law 116-315), is 
        redesignated as section 1166 and transferred so as to appear 
        after section 1165 (and the table of sections at the beginning 
        of chapter 11 of such title is conformed accordingly).
            (2) Subsection (l) of section 3313, as added by section 
        1010 of such Act (as effective on August 1, 2021), is amended 
        to read as follows:
    ``(l) Verification of Enrollment.--
            ``(1) In general.--The Secretary shall require--
                    ``(A) each educational institution to submit to the 
                Secretary verification of each individual who is 
                enrolled in a course or program of education at the 
                educational institution and is receiving educational 
                assistance under this chapter--
                            ``(i) not later than such time as the 
                        Secretary determines reasonable after the date 
                        on which the individual is enrolled; and
                            ``(ii) not later than such time as the 
                        Secretary determines reasonable after the last 
                        date on which a student is able to withdraw 
                        from the course or program of education without 
                        penalty; and
                    ``(B) each individual who is enrolled in a course 
                or program of education and is receiving educational 
                assistance under this chapter to submit to the 
                Secretary verification of such enrollment for each 
                month during which the individual is so enrolled and 
                receiving such educational assistance.
            ``(2) Form of verification.--Verification under this 
        subsection shall be in an electronic form prescribed by the 
        Secretary.
            ``(3) Failure to submit verification.--If an individual 
        fails to submit the verification required under paragraph 
        (1)(B) for two consecutive months, the Secretary may not make a 
        monthly housing stipend payment to the individual under this 
        section until the individual submits such verification.''.
            (3) Section 3673A, as added by section 1013 of such Act, is 
        amended--
                    (A) in subsection (a), by striking ``searchable''; 
                and
                    (B) in subsection (c), by inserting ``searchable'' 
                before ``database''.
            (4) The subsection (f) of section 3679, as added by section 
        1017 of such Act, is redesignated as paragraph (3) of 
        subsection (a) of such section 3679 and is transferred so as to 
        appear after paragraph (2) of such subsection.
            (5) Section 3696(g)(4)(A)(iii)(III), as amended by section 
        1020 of such Act, is amended by striking ``paragraph (3)(B) of 
        this subsection'' and inserting ``paragraph (3)''.
    (b) Johnny Isakson and David P. Roe, M.D. Veterans Health Care and 
Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, 
M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public 
Law 116-315) is amended as follows:
            (1) In section 1013(a)(1), by inserting ``of title 38'' 
        after ``of chapter 36''.
            (2) In section 2205(c)--
                    (A) in the heading, by striking ``Effective Date'' 
                and inserting ``Applicability''; and
                    (B) by striking ``the date that is two years after 
                the date of the enactment of this Act'' and inserting 
                ``the date of the enactment of this Act and shall apply 
                with respect to grants applications submitted on or 
                after the date that is two years after the date of the 
                enactment of this Act.''
            (3) In section 4101(b), by striking ``subchapter'' and 
        inserting ``chapter''.
            (4) In section 5501--
                    (A) in subsection (a)(1), by striking ``of such 
                title'' and inserting ``of title 38, United States 
                Code''; and
                    (B) in subsection (b), by striking ``section 1164'' 
                each place it appears and inserting ``section 1166''.

SEC. 8. 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.
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