[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7939 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     December 20, 2022.
    Resolved, That the bill from the House of Representatives (H.R. 
7939) entitled ``An Act to make permanent certain educational 
assistance benefits under the laws administered by the Secretary of 
Veterans Affairs in the case of changes to courses of education by 
reason of emergency situations, and for other purposes.'', do pass with 
the following

                               AMENDMENT:

             Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Auto and 
Education Improvement Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Educational assistance benefits during emergency situations.
Sec. 3. Extension of time limitations for use of entitlement.
Sec. 4. Extension of payment of vocational rehabilitation subsistence 
                            allowances.
Sec. 5. Payment of work-study allowances during emergency situations.
Sec. 6. Payment of allowances to veterans enrolled in educational 
                            institutions closed for emergency 
                            situations.
Sec. 7. Apprenticeship or on-job training requirements.
Sec. 8. Prohibition of charge to entitlement of students unable to 
                            pursue a program of education due to an 
                            emergency situation.
Sec. 9. Department of Veterans Affairs approval of certain study-abroad 
                            programs.
Sec. 10. Eligibility for educational assistance under Department of 
                            Veterans Affairs Post-9/11 Educational 
                            Assistance Program of certain individuals 
                            who receive sole survivorship discharges.
Sec. 11. Uniform application for Department of Veterans Affairs 
                            approval of courses of education.
Sec. 12. Notice requirements for Department of Veterans Affairs 
                            education surveys.
Sec. 13. Exception to requirement to submit verification of enrollment 
                            of certain individuals.
Sec. 14. Expansion of eligibility for self-employment assistance under 
                            veteran readiness and employment program.
Sec. 15. Possible definitions of certain terms relating to educational 
                            assistance.
Sec. 16. Extension of certain limits on payments of pension.
Sec. 17. Termination of certain consumer contracts by servicemembers 
                            and dependents who enter into contracts 
                            after receiving military orders for 
                            permanent change of station but then 
                            receive stop movement orders due to an 
                            emergency situation.
Sec. 18. Residence for tax purposes.
Sec. 19. Portability of professional licenses of members of the 
                            uniformed services and their spouses.
Sec. 20. Provision of nonarticulating trailers as adaptive equipment.
Sec. 21. Eligibility for Department of Veterans Affairs provision of 
                            additional automobile or other conveyance.
Sec. 22. Department of Veterans Affairs treatment of certain vehicle 
                            modifications as medical services.
Sec. 23. Determination of budgetary effects.

SEC. 2. EDUCATIONAL ASSISTANCE BENEFITS DURING EMERGENCY SITUATIONS.

    (a) In General.--Chapter 36 of title 38, United States Code, is 
amended--
            (1) by redesignating subchapters I and II as subchapters II 
        and III, respectively; and
            (2) by inserting before subchapter II, as so redesignated, 
        the following new subchapter:

                  ``SUBCHAPTER I--EMERGENCY SITUATIONS

``Sec. 3601. Definition of emergency situation
    ``In this chapter, the term `emergency situation' means a situation 
that--
            ``(1) the President declares is an emergency; and
            ``(2) the Secretary determines is an emergency for purposes 
        of the laws administered by the Secretary.
``Sec. 3602. Continuation of educational assistance benefits during 
              emergency situations
    ``(a) Authority.--(1) If the Secretary determines under subsection 
(c) that an individual is negatively affected by an emergency 
situation, the Secretary may provide educational assistance to that 
individual under the laws administered by the Secretary as if such 
negative effects did not occur.
    ``(2) The authority under this section is in addition to the other 
authorities of the Secretary to provide benefits in emergency 
situations, but in no case may the Secretary provide more than a total 
of four weeks of additional educational assistance by reason of any 
other such authority and this section.
    ``(b) Housing and Allowances.--In providing educational assistance 
to an individual pursuant to subsection (a), the Secretary may--
            ``(1) continue to pay a monthly housing stipend under 
        chapter 33 of this title, during a month the individual would 
        have been enrolled in a program of education or training but 
        for the emergency situation at the same rate such stipend would 
        have been payable if the individual had not been negatively 
        affected by the emergency situation, except that the total 
        number of weeks for which stipends may continue to be so 
        payable may not exceed four weeks; and
            ``(2) continue to pay payments or subsistence allowances 
        under chapters 30, 31, 32, 33, and 35 of this title and chapter 
        1606 of title 10 during a month for a period of time that the 
        individual would have been enrolled in a program of education 
        or training but for the emergency situation, except that the 
        total number of weeks for which payments or allowances may 
        continue to be so payable may not exceed four weeks.
    ``(c) Determination of Negative Effects.--The Secretary shall 
determine that an individual was negatively affected by an emergency 
situation if--
            ``(1) the individual is enrolled in a covered program of 
        education of an educational institution or enrolled in training 
        at a training establishment and is pursuing such program or 
        training using educational assistance under the laws 
        administered by the Secretary;
            ``(2) the educational institution or training establishment 
        certifies to the Secretary that such program or training is 
        truncated, delayed, relocated, canceled, partially canceled, 
        converted from being on-site to being offered by distance 
        learning, or otherwise modified or made unavailable by reason 
        of the emergency situation; and
            ``(3) the Secretary determines that the modification to 
        such program or training specified under paragraph (2) would 
        reduce the amount of educational assistance (including with 
        respect to monthly housing stipends, payments, or subsistence 
        allowances) that would be payable to the individual but for the 
        emergency situation.
    ``(d) Effect on Entitlement Period.--If the Secretary determines 
that an individual who received assistance under this section did not 
make progress toward the completion of the program of education in 
which the individual is enrolled during the period for which the 
individual received such assistance, any assistance provided pursuant 
to this section shall not be counted for purposes of determining the 
total amount of an individual's entitlement to educational assistance, 
housing stipends, or payments or subsistence allowances under chapters 
30, 31, 32, and 35 of this title and chapter 1606 of title 10.
``Sec. 3603. Continuation of educational assistance benefits for 
              certain programs of education converted to distance 
              learning by reason of emergency situations
    ``In the case of a program of education approved by a State 
approving agency, or the Secretary when acting in the role of a State 
approving agency, that is converted from being offered on-site at an 
educational institution or training establishment to being offered by 
distance learning by reason of an emergency or health-related 
situation, as determined by the Secretary, the Secretary may continue 
to provide educational assistance under the laws administered by the 
Secretary without regard to such conversion, including with respect to 
paying any--
            ``(1) monthly housing stipends under chapter 33 of this 
        title; or
            ``(2) payments or subsistence allowances under chapters 30, 
        31, 32, and 35 of this title and chapter 1606 of title 10.
``Sec. 3604. Effects of closure of educational institution and 
              modification of courses by reason of emergency situation
    ``(a) Closure or Disapproval.--Any payment of educational 
assistance described in subsection (b) shall not--
            ``(1) be charged against any entitlement to educational 
        assistance of the individual concerned; or
            ``(2) be counted against the aggregate period for which 
        section 3695 of this title limits the receipt of educational 
        assistance by such individual.
    ``(b) Educational Assistance Described.--Subject to subsection (d), 
the payment of educational assistance described in this subsection is 
the payment of such assistance to an individual for pursuit of a course 
or program of education at an educational institution under chapter 30, 
31, 32, 33, or 35 of this title or chapter 1606 of title 10, if the 
Secretary determines that the individual--
            ``(1) was unable to complete such course or program as a 
        result of--
                    ``(A) the closure of the educational institution, 
                or the full or partial cancellation of a course or 
                program of education, by reason of an emergency 
                situation; or
                    ``(B) the disapproval of the course or a course 
                that is a necessary part of that program under this 
                chapter because the course was modified by reason of 
                such emergency; and
            ``(2) did not receive credit or lost training time, toward 
        completion of the program of education being so pursued.
    ``(c) Housing Assistance.--In this section, educational assistance 
includes, as applicable--
            ``(1) monthly housing stipends payable under chapter 33 of 
        this title for any month the individual would have been 
        enrolled in a course or program of education; and
            ``(2) payments or subsistence allowances under chapters 30, 
        31, 32, and 35 of this title and chapter 1606 of title 10 
        during a month the individual would have been enrolled in a 
        course or program of education.
    ``(d) Period Not Charged.--The period for which, by reason of this 
section, educational assistance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
this title shall not exceed the aggregate of--
            ``(1) the portion of the period of enrollment in the course 
        from which the individual did not receive credit or with 
        respect to which the individual lost training time, as 
        determined under subsection (b)(2); and
            ``(2) the period by which a monthly stipend is extended 
        under section 3680(a)(2)(B) of this title.
    ``(e) Continuing Pursuit of Disapproved Courses.--(1) The Secretary 
may treat a course of education that is disapproved under this chapter 
as being approved under this chapter with respect to an individual 
described in paragraph (2) if the Secretary determines, on a 
programmatic basis, that--
            ``(A) such disapproval is the result of an action described 
        in subsection (b)(1)(B); and
            ``(B) continuing pursuing such course is in the best 
        interest of the individual.
    ``(2) An individual described in this paragraph is an individual 
who is pursuing a course of education at an educational institution 
under chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 of 
title 10, as of the date on which the course is disapproved as 
described in subsection (b)(1)(B).
    ``(f) Status as Full-time Student for Purposes of Housing Stipend 
Calculation.--In the case of an individual who, as of the first day of 
an emergency situation was enrolled on a full-time basis in a program 
of education and was receiving educational assistance under chapter 33 
of this title or subsistence allowance under chapter 31 of this title, 
and for whom the Secretary makes a determination under subsection (b), 
the individual shall be treated as an individual enrolled in a program 
of education on a full-time basis for the purpose of calculating 
monthly housing stipends payable under chapter 33 of this title, or 
subsistence allowance payable under chapter 31 of this title, for any 
month the individual is enrolled in the program of education on a part-
time basis to complete any course of education that was partially or 
fully canceled by reason of the emergency situation.
    ``(g) Notice of Closures.--Not later than five business days after 
the date on which the Secretary receives notice that an educational 
institution will close or is closed by reason of an emergency 
situation, the Secretary shall provide to each individual who is 
enrolled in a course or program of education at such educational 
institution using entitlement to educational assistance under chapter 
30, 31, 32, 33, or 35 of this title, or chapter 1606 of title 10 notice 
of--
            ``(1) such closure and the date of such closure; and
            ``(2) the effect of such closure on the individual's 
        entitlement to educational assistance pursuant to this section.
``Sec. 3605. Payment of educational assistance in cases of withdrawal
    ``(a) In General.--In the case of any individual who withdraws from 
a program of education or training, other than a program by 
correspondence, in an educational institution under chapter 31, 34, or 
35 of this title for a covered reason during the period of an emergency 
situation, the Secretary shall find mitigating circumstances for 
purposes of section 3680(a)(1)(C)(ii) of this title.
    ``(b) Covered Reason.--In this section, the term `covered reason' 
means any reason related to an emergency situation, including--
            ``(1) illness, quarantine, or social distancing 
        requirements;
            ``(2) issues associated with accessibility;
            ``(3) access or availability of childcare;
            ``(4) providing care for a family member or cohabitants;
            ``(5) change of location or residence due to the emergency 
        situation or associated school closures;
            ``(6) employment changes or financial hardship; and
            ``(7) issues associated with changes in format or medium of 
        instruction.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended--
            (1) by striking the item relating to subchapter II and 
        inserting the following new item:

              ``subchapter iii-miscellaneous provisions''.

            (2) by striking the item relating to subchapter I and 
        inserting the following new item:

               ``subchapter ii-state approving agencies''.

            (3) by inserting before the item relating to subchapter II 
        the following new items:

                   ``subchapter i-emergency situations

``3601. Definition of emergency situation.
``3602. Continuation of educational assistance benefits during 
                            emergency situations.
``3603. Continuation of educational assistance benefits for certain 
                            programs of education converted to distance 
                            learning by reason of emergency situations.
``3604. Effects of closure of educational institution and modification 
                            of courses by reason of emergency 
                            situation.
``3605. Payment of educational assistance in cases of withdrawal.''.
    (c) Conforming Repeals.--The following provisions of law are 
repealed:
            (1) Sections 1102, 1103, and 1104 of the Johnny Isakson and 
        David P. Roe, M.D. Veterans Health Care and Benefits 
        Improvement Act of 2020 (Public Law 116-315).
            (2) Public Law 116-128.

SEC. 3. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT.

    (a) Montgomery BI Bill.--Section 3031 of title 38, United States 
Code, is amended by adding at the end the following new subsection:
    ``(i) In the case of an individual eligible for educational 
assistance under this chapter who is prevented from pursuing the 
individual's chosen program of education before the expiration of the 
10-year period for the use of entitlement under this chapter otherwise 
applicable under this section because the educational institution or 
training establishment closed (temporarily or permanently) under an 
established policy based on an Executive order of the President or due 
to an emergency situation, such 10-year period--
            ``(1) shall not run during the period the individual is so 
        prevented from pursuing such program; and
            ``(2) shall again begin running on the first day after the 
        individual is able to resume pursuit of a program of education 
        with educational assistance under this chapter.''.
    (b) Post-9/11 Educational Assistance.--
            (1) In general.--Section 3321(b)(1) of such title is 
        amended--
                    (A) by inserting ``(A)'' before ``Subsections'';
                    (B) in subparagraph (A), as designated by 
                subparagraph (A), by striking ``and (d)'' and inserting 
                ``(d), and (i)''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) Subsection (i) of section 3031 shall apply with 
        respect to the running of the 15-year period described in 
        paragraphs (4)(A) and (5)(A) of this subsection in the same 
        manner as such subsection applies under section 3031 of this 
        title with respect to the running of the 10-year period 
        described in section 3031(a) of this title.''.
            (2) Transfer period.--Section 3319(h)(5) of such title is 
        amended--
                    (A) in subparagraph (A), by inserting ``or (C)'' 
                after ``subparagraph (B)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Emergency situations.--In any case in which 
                the Secretary determines that an individual to whom 
                entitlement is transferred under this section has been 
                prevented from pursuing the individual's chosen program 
                of education before the individual attains the age of 
                26 years because the educational institution or 
                training establishment closed (temporarily or 
                permanently) under an established policy based on an 
                Executive order of the President or due to an emergency 
                situation, the Secretary shall extend the period during 
                which the individual may use such entitlement for a 
                period equal to the number of months that the 
                individual was so prevented from pursuing the program 
                of education, as determined by the Secretary.''.
    (c) Vocational Rehabilitation and Training.--
            (1) Period for use.--Section 3103 of such title is 
        amended--
                    (A) in subsection (a), by striking ``or (g)'' and 
                inserting ``(g), or (h)''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(h) In any case in which the Secretary determines that a veteran 
has been prevented from participating in a vocational rehabilitation 
program under this chapter within the 12-year period of eligibility 
prescribed in subsection (a) due to an emergency situation, such 12-
year period--
            ``(1) shall not run during the period the individual is so 
        prevented from participating such program; and
            ``(2) shall again begin running on the first day after the 
        individual is able to resume participation in such program.''.
            (2) Duration of program.--Section 3105(b) of such title is 
        amended--
                    (A) in paragraph (1), by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3)(A) In any case in which the Secretary determines that a 
veteran has been prevented from participating in counseling and 
placement and postplacement services described in paragraphs (2) and 
(5) of section 3104(a) of this title due to an emergency situation, the 
Secretary shall extend the period during which the Secretary may 
provide such counseling and placement and postplacement services for 
the veteran for a period equal to the number of months that the veteran 
was so prevented from participating in such counseling and services, as 
determined by the Secretary.
    ``(B) In any case in which the Secretary determines that a veteran 
has been prevented from participating in a vocational rehabilitation 
program under this chapter due to an emergency situation, the Secretary 
shall extend the period of the veteran's vocational rehabilitation 
program for a period equal to the number of months that the veteran was 
so prevented from participating in the vocational rehabilitation 
program, as determined by the Secretary.''.
    (d) Educational Assistance for Members of the Selected Reserve.--
Section 16133(b) of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(5) In any case in which the Secretary concerned 
        determines that a person entitled to educational assistance 
        under this chapter has been prevented from using such person's 
        entitlement due to an emergency situation, the Secretary 
        concerned shall extend the period of entitlement prescribed in 
        subsection (a) for a period equal to the number of months that 
        the person was so prevented from using such entitlement, as 
        determined by the Secretary.''.
    (e) Emergency Situation Defined.--
            (1) Post-9/11 educational assistance program.--Section 3301 
        of title 38, United States Code, is amended--
                    (A) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The term `emergency situation' has the meaning given 
        such term in section 3601 of this title.''.
            (2) MGIB.--Section 3002 of such title is amended by adding 
        at the end the following new paragraph:
            ``(9) The term `emergency situation' has the meaning given 
        such term in section 3601 of this title.''.
            (3) Vocational rehabilitation and training.--
                    (A) In general.--Section 3101 of such title is 
                amended--
                            (i) by redesignating paragraphs (1) through 
                        (9) as paragraphs (2) through (10), 
                        respectively; and
                            (ii) by inserting before paragraph (2), as 
                        redesignated by clause (i), the following new 
                        paragraph:
            ``(10) The term `emergency situation' has the meaning given 
        such term in section 3601 of this title.''.
                    (B) Conforming amendments.--Such title is amended--
                            (i) in section 1728(a)(4)(A), by striking 
                        ``section 3101(9) of'' and inserting ``section 
                        3101 of''; and
                            (ii) in section 3695(b), by striking ``in 
                        section 3101(5)'' and inserting ``in section 
                        3101''.
            (4) Educational assistance for members of the selected 
        reserve.--Section 16133 of title 10, United States Code, is 
        amended by adding at the end the following new subsection:
    ``(c) In this section, the term `emergency situation' has the 
meaning given such term in section 3601 of title 38.''.
    (f) Conforming Repeal.--Section 6 of the Student Veteran 
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.

SEC. 4. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE 
              ALLOWANCES.

    (a) In General.--Section 3104 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e) In the case of any veteran whom the Secretary determines is 
satisfactorily following a program of employment services provided 
under subsection (a)(5) during the period of an emergency situation, 
the Secretary may pay the veteran a subsistence allowance, as 
prescribed in section 3108 of this title for full-time training for the 
type of program that the veteran was pursuing, for two additional 
months, if the Secretary determines that the veteran is negatively 
affected by the emergency situation.''.
    (b) Conforming Repeal.--Section 8 of the Student Veteran 
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.

SEC. 5. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY SITUATIONS.

    (a) In General.--Section 3485 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(f)(1) In case of an individual who is in receipt of work-study 
allowance pursuant to an agreement described in subsection (a)(3) as of 
the date on which an emergency situation occurs and who is unable to 
continue to perform qualifying work-study activities described in 
subsection (a)(4) by reason of the emergency situation--
            ``(A) the Secretary may continue to pay work-study 
        allowance under this section or make deductions described in 
        subsection (e)(1) during the period of such emergency 
        situation, notwithstanding the inability of the individual to 
        perform such work-study activities by reason of such emergency 
        situation; and
            ``(B) at the option of the individual, the Secretary shall 
        extend the agreement described in subsection (a)(3) with the 
        individual for any subsequent period of enrollment initiated 
        during the emergency situation, notwithstanding the inability 
        of the individual to perform work-study activities described in 
        subsection (a)(4) by reason of such emergency situation.
    ``(2) The amount of work-study allowance payable to an individual 
under paragraph (1)(A) during the period of an emergency situation 
shall be an amount determined by the Secretary but may not exceed the 
amount that would be payable under subsection (a)(2) if the individual 
worked 25 hours per week paid during such period.
    ``(3) The term `emergency situation' has the meaning given that 
term in section 3601 of this title.''.
    (b) Conforming Repeal.--Section 3 of the Student Veteran 
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.

SEC. 6. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL 
              INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS.

    (a) In General.--Section 3680 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h) Payments During Emergency Situations.--(1) The Secretary may 
pay allowances to an eligible veteran or eligible person under 
subsection (a)(2)(A), if the veteran or person is enrolled in a program 
or course of education that--
            ``(A) is provided by an educational institution or training 
        establishment that is closed by reason of an emergency 
        situation; or
            ``(B) is suspended by reason of an emergency situation.
    ``(2) The total number of weeks for which allowances may be paid by 
reason of this subsection may not exceed four weeks.
    ``(3) Any amount paid under this subsection shall not be counted 
for purposes of the limitation on allowances under subsection 
(a)(2)(A).''.
    (b) Conforming Repeal.--Section 4 of the Student Veteran 
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.

SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.

    (a) In General.--Section 3687(e) of title 38, United States Code, 
is amended by striking paragraph (2) and inserting the following new 
paragraph (2):
    ``(2)(A) Subject to subparagraphs (B) and (C), for any month in 
which an individual fails to complete 120 hours of training, the 
entitlement otherwise chargeable under paragraph (1) shall be reduced 
in the same proportion as the monthly training assistance allowance 
payable is reduced under subsection (b)(3).
    ``(B) In the case of an individual who is unemployed by reason of 
an emergency situation during any month, the 120-hour requirement under 
subparagraph (A) for that month shall be reduced proportionately to 
reflect the individual's period of unemployment, except that the amount 
of monthly training assistance otherwise payable to the individual 
under subsection (b)(3) shall not be reduced.
    ``(C) Any period during which an individual is unemployed by reason 
of an emergency situation shall not--
            ``(i) be charged against any entitlement to educational 
        assistance of the individual; or
            ``(ii) be counted against the aggregate period for which 
        section 3695 of this title limits the receipt of educational 
        assistance by such individual.
    ``(D) Any amount by which the entitlement of an individual is 
reduced under subparagraph (A) shall not--
            ``(i) be charged against any entitlement to educational 
        assistance of the individual; or
            ``(ii) be counted against the aggregate period for which 
        section 3695 of this title limits the receipt of educational 
        assistance by such individual.
    ``(E)(i) In the case of an individual who fails to complete 120 
hours of training during a month, but who completed more than 120 hours 
of training during the preceding month, the individual may apply the 
number of hours in excess of 120 that the individual completed for that 
month to the month for which the individual failed to complete 120 
hours. If the addition of such excess hours results in a total of 120 
hours or more, the individual shall be treated as an individual who has 
completed 120 hours of training for that month. Any excess hours 
applied to a different month under this subparagraph may only be 
applied to one such month.
    ``(F) This paragraph applies to amounts described in section 
3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section 
16131(d)(2) of title 10.
    ``(G) In this paragraph:
            ``(i) The term `unemployed' includes being furloughed or 
        being scheduled to work zero hours.
            ``(ii) The term `fails to complete 120 hours of training' 
        means, with respect to an individual, that during any month, 
        the individual completes at least one hour, but fewer than 120 
        hours, of training, including in a case in which the individual 
        is unemployed for part of, but not the whole, month.''.
    (b) Conforming Repeal.--Section 1106 of the Johnny Isakson and 
David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 
2020 (Public Law 116-315) is repealed.

SEC. 8. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO 
              PURSUE A PROGRAM OF EDUCATION DUE TO AN EMERGENCY 
              SITUATION.

    (a) Permanent Applicability.--Section 3699(b)(1) of title 38, 
United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B)(ii), by striking ``and'' at the end 
        and inserting ``or'' ; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the temporary closure of an educational 
                institution or training establishment or the temporary 
                closure or termination of a course or program of 
                education by reason of an emergency situation; and''.
    (b) Conforming Repeal.--Section 5 of the Student Veteran 
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.

SEC. 9. DEPARTMENT OF VETERANS AFFAIRS APPROVAL OF CERTAIN STUDY-ABROAD 
              PROGRAMS.

    (a) In General.--Section 3680A(f) of title 38, United States Code, 
is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``The Secretary'' and inserting ``(1) 
        Except as provided in paragraph (2), the Secretary''; and
            (3) by adding at the end the following new paragraph:
    ``(2)(A) In the case of a covered study-abroad course, the 
Secretary may approve the course for a period of not more than five 
years, if the contract or other written agreement under which the 
course is offered provides that--
            ``(i) the educational institution that offers a course that 
        is approved under this chapter agrees--
                    ``(I) to assume responsibility for the quality and 
                content of the covered study-abroad course; and
                    ``(II) to serve as the certifying official for the 
                course for purposes of this chapter; and
            ``(ii) the educational institution that offers the covered 
        study-abroad course agrees to seek the approval of the course 
        under this chapter by not later than five years after the date 
        of the agreement.
    ``(B) In this paragraph, the term `covered study-abroad course' 
means a course that--
            ``(i) is provided as a part of a program of education 
        offered by an educational institution under a contract or other 
        written agreement by another educational institution that 
        offers a course that is approved under this chapter;
            ``(ii) is provided at a location in a foreign country; and
            ``(iii) has not been approved under this chapter.''.
    (b) Treatment of Certain Courses.--In the case of any covered 
study-abroad course, under the meaning given such term in subparagraph 
(B) of paragraph (2) of subsection (f) of section 3680A of title 38, 
United States Code, as added by subsection (a), that is being offered 
under a contract or other written agreement as of the date of the 
enactment of this Act, the Secretary of Veterans Affairs may approve 
such course under such paragraph (2) for the five-year period beginning 
on the date of the enactment of this Act, if such contract or other 
written agreement meets the criteria provided in subparagraph (A) of 
such paragraph.

SEC. 10. ELIGIBILITY FOR EDUCATIONAL ASSISTANCE UNDER DEPARTMENT OF 
              VETERANS AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM 
              OF CERTAIN INDIVIDUALS WHO RECEIVE SOLE SURVIVORSHIP 
              DISCHARGES.

    (a) Short Title.--This section may be cited as the ``Sgt. Wolf Kyle 
Weninger Veterans Education Fairness Act of 2022''.
    (b) Eligibility.--Subsection (b)(2) of section 3311 of title 38, 
United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``who'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting such clause two ems 
        to the right;
            (3) by inserting before clause (i), as so redesignated, the 
        following new subparagraph (A):
                    ``(A) who--'';
            (4) in subparagraph (A)(ii), as so redesignated--
                    (A) by striking ``in subparagraph (A)'' and 
                inserting ``in clause (i)''; and
                    (B) by striking the period and inserting ``or by 
                reason of a sole survivorship discharge (as that term 
                is defined in section 1174(i) of title 10); or''; and
            (5) by adding at the end the following new subparagraph 
        (B):
                    ``(B) who--
                            ``(i) commencing on or after September 11, 
                        2001, completes at least 30 continuous days of 
                        service described in subsection (d) (1) or (2); 
                        and
                            ``(ii) after completion of service 
                        described in clause (i), is discharged or 
                        released by reason of a sole survivorship 
                        discharge (as that term is defined in section 
                        1174(i) of title 10).''.
    (c) Conforming Amendment.--Subsection (d) of such section is 
amended by striking ``The following'' and inserting ``Except as 
provided in subsection (b)(2)(B), the following''.

SEC. 11. UNIFORM APPLICATION FOR DEPARTMENT OF VETERANS AFFAIRS 
              APPROVAL OF COURSES OF EDUCATION.

    (a) In General.--Subchapter I of chapter 36 of title 38, United 
States Code, is amended by inserting after section 3672 the following 
new section:
``Sec. 3672A. Uniform application
    ``(a) In General.--(1) The Secretary, in partnership with State 
approving agencies, educational institutions, and training 
establishments, shall require the use of a uniform application by any 
educational institution or training establishment seeking the approval 
of a new course of education under this chapter.
    ``(2) The Secretary shall maintain one uniform application for 
institutions of higher learning and one such application for other 
educational institutions and training establishments.
    ``(3) In the case of any State that uses approval criteria not 
covered by a uniform application under this section, the State 
approving agency for that State shall require the use of the uniform 
application and may require the submittal of additional information.
    ``(b) Requirements.--The uniform application required under 
subsection (a) shall meet the following requirements:
            ``(1) A requirement that the appropriate executive of the 
        educational institution or training establishment seeking the 
        approval of a course of education attests on behalf of the 
        educational institution or training establishment that the 
        educational institution or training establishment--
                    ``(A) is in compliance with all applicable laws and 
                regulations relating to the approval of courses of 
                education under this chapter; and
                    ``(B) during the five-year period preceding the 
                date of the application--
                            ``(i) has not been subject to, or been 
                        party to a contract with any individual or 
                        entity that has been subject to, any adverse 
                        administrative or judicial action that--
                                    ``(I) related to the instruction or 
                                training, including with respect to the 
                                quality of education, provided by the 
                                institution or establishment; and
                                    ``(II) resulted in a fine or 
                                penalty in an amount equal to or more 
                                than five percent of the amount of 
                                funding provided to the institution or 
                                establishment under title IV of the 
                                Higher Education Act of 1965 for the 
                                fiscal year preceding the year in which 
                                the application is submitted; or
                            ``(ii) has not employed an individual, or 
                        been party to a contract with any individual or 
                        entity, that has been convicted of a Federal 
                        fraud charge related to the instruction or 
                        training provided by the institution or 
                        establishment.
            ``(2) In the case of any educational institution or 
        training establishment that is not participating in title IV of 
        the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), a 
        requirement for the inclusion of--
                    ``(A) a copy of--
                            ``(i) the articles of incorporation filed 
                        on behalf of the institution or establishment 
                        or proof of licensing to operate as an 
                        educational institution or training 
                        establishment in the State where the 
                        institution or establishment is located; and
                            ``(ii) the financial position of the 
                        institution or establishment, as prepared by an 
                        appropriate third-party entity; or
                    ``(B) other adequate evidence, as determined by the 
                Secretary, that the institution or establishment is 
                authorized to provide post-secondary education or 
                training in the State where the institution or 
                establishment is located.
            ``(3) In the case of any course of education that is 
        offered by an educational institution or training establishment 
        that has never offered a course of education that was approved 
        under this chapter, a requirement for the inclusion of 
        information about the course of education covered by the 
        application, including--
                    ``(A) the number of students who have entered and 
                graduated from the course during the preceding two-year 
                period; and
                    ``(B) if available, the cohort default rate for 
                funds provided to the institution or establishment 
                under title IV of the Higher Education Act of 1965 (20 
                U.S.C. 1070 et seq.).
            ``(4) In the case of any educational institution or 
        training establishment that is not an institution of higher 
        learning, a requirement for the inclusion of--
                    ``(A) a list of individuals who will serve as fully 
                qualified instructors for the course of education, as 
                of the date of the application, and an attestation that 
                such individuals--
                            ``(i) have a degree or other training, as 
                        appropriate, in the field of the course;
                            ``(ii) effectively teach the skills offered 
                        under the course; and
                            ``(iii) have demonstrated relevant industry 
                        experience in the field of the course; and
                    ``(B) a list of individuals who will serve as 
                career services employees for students enrolled in the 
                course and an attestation that such individuals are 
                skilled at identifying professions in the relevant 
                industry that are in need of new employees to hire, 
                tailoring the course of education to meet market needs, 
                and identifying the employers likely to hire graduates.
    ``(c) Requirements for State Approving Agencies.--During the 
approval process with respect to a uniform application submitted by an 
educational institution or training establishment, a State approving 
agency, or the Secretary when acting in the role of a State approving 
agency, shall contact the Secretary of Education to determine whether 
the course of education subject to such approval process has withdrawn, 
or been denied or suspended, from receiving for benefits under title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
    ``(d) Appropriate Executive.--In this section, the appropriate 
executive of an educational institution or training establishment is a 
senior executive official, senior administrator, owner, or operator 
designated by the institution or establishment.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
3672 the following new item:

``3672A. Uniform application.''.
    (c) Applicability.--The application required by section 3672A of 
title 38, United States Code, as added by subsection (a), shall--
            (1) be developed by not later than October 1, 2023; and
            (2) be required for the approval of any new course of 
        education proposed on or after that day.

SEC. 12. NOTICE REQUIREMENTS FOR DEPARTMENT OF VETERANS AFFAIRS 
              EDUCATION SURVEYS.

    (a) Risk-based Survey.--Section 3673A of title 38, United States 
Code, is amended by adding at the end the following new subsection:
    ``(d) Notice.--To the maximum amount feasible, the Secretary, or a 
State approving agency, as applicable, shall provide not more than one 
business day of notice to an educational institution before conducting 
a targeted risk-based survey of the institution under this section.''.
    (b) Compliance Surveys.--Section 3693 of title 38, United States 
Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) To the maximum extent feasible, the Secretary, or a State 
approving agency, as applicable, shall provide not more than 10 
business days of notice to an educational institution or training 
establishment before conducting a compliance survey of the institution 
or establishment under this section.''.

SEC. 13. EXCEPTION TO REQUIREMENT TO SUBMIT VERIFICATION OF ENROLLMENT 
              OF CERTAIN INDIVIDUALS.

     Section 3313(l) of title 38, United States Code, is amended--
            (1) in paragraph (1), by striking ``The Secretary'' and 
        inserting ``Except as provided in paragraph (4), the 
        Secretary''; and
            (2) by striking paragraph (4) and inserting the following 
        new paragraph (4):
            ``(4) Exception.--An educational institution is not 
        required to submit verification of an individual under 
        paragraph (1)(A) if--
                    ``(A) the individual is enrolled in a course or 
                program of education offered by the educational 
                institution on at least a full-time basis before the 
                date on which the individual is able to withdraw from 
                the course or program of education without penalty;
                    ``(B) the educational institution charges the same 
                amount of tuition and fees for students who are 
                enrolled on a full-time basis and students who are 
                enrolled on a more-than-full-time basis; and
                    ``(C) the individual remains enrolled in the course 
                or program of education after the date on which the 
                individual is able to withdraw from the course or 
                program of education without penalty.''.

SEC. 14. EXPANSION OF ELIGIBILITY FOR SELF-EMPLOYMENT ASSISTANCE UNDER 
              VETERAN READINESS AND EMPLOYMENT PROGRAM.

    (a) Expansion of Eligibility.--Paragraph (12) of subsection (a) of 
section 3104 of title 38, United States Code, is amended to read as 
follows:
            ``(12) Such license fees and essential equipment, supplies, 
        and minimum stocks of materials as the Secretary determines to 
        be necessary for a veteran to begin self-employment and are 
        within the criteria and cost limitations that the Secretary 
        shall prescribe in regulations for the furnishing of such fees, 
        equipment, supplies, and stocks.''.
    (b) Priority.--Subsection (c)(1) of such section is amended by 
inserting before the first period the following: ``, including with 
respect to providing priority for services under subsection (a)(12) to 
veterans with the most severe service-connected disabilities who 
require homebound training or self-employment, or both homebound 
training and self-employment''.
    (c) Technical Amendments.--Section 3117 of such title is amended--
            (1) in subsection (a)(2)(C), by striking ``this clause'' 
        and inserting ``this subparagraph''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``insure'' and 
                inserting ``ensure''; and
                    (B) in paragraph (2), by striking ``clause'' both 
                places it appears and inserting ``paragraph''.

SEC. 15. POSSIBLE DEFINITIONS OF CERTAIN TERMS RELATING TO EDUCATIONAL 
              ASSISTANCE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report containing possible 
definitions of the Secretary for each of the following terms:
            (1) Student services.
            (2) Marketing.
            (3) Classroom instruction.

SEC. 16. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.

    Section 5503(d)(7) of title 38, United States Code, is amended by 
striking ``October 30, 2028'' and inserting ``November 30, 2031''.

SEC. 17. TERMINATION OF CERTAIN CONSUMER CONTRACTS BY SERVICEMEMBERS 
              AND DEPENDENTS WHO ENTER INTO CONTRACTS AFTER RECEIVING 
              MILITARY ORDERS FOR PERMANENT CHANGE OF STATION BUT THEN 
              RECEIVE STOP MOVEMENT ORDERS DUE TO AN EMERGENCY 
              SITUATION.

    (a) In General.--Section 305A of the Servicemembers Civil Relief 
Act (50 U.S.C. 3956) is amended--
            (1) in the section heading, by striking ``telephone, 
        multichannel video programming, and internet access service'' 
        and inserting ``certain consumer'';
            (2) in subsection (a)--
                    (A) in the heading, by adding ``or Dependent of a 
                Servicemember'' at the end;
                    (B) in paragraph (1)--
                            (i) by striking ``after the date the 
                        servicemember receives military orders to 
                        relocate for a period of not less than 90 days 
                        to a location that does not support the 
                        contract.'' and inserting ``after--''; and
                            (ii) by adding at the end the following:
                    ``(A) the date the servicemember receives military 
                orders to relocate for a period of not less than 90 
                days to a location that does not support the contract; 
                or
                    ``(B) the date the servicemember, while in military 
                service, receives military orders for a permanent 
                change of station, thereafter enters into the contract, 
                and then receives a stop movement order issued by the 
                Secretary of Defense or the Secretary of Homeland 
                Security in response to a local, national, or global 
                emergency, effective for an indefinite period or for a 
                period of not less than 30 days, that prevents the 
                servicemember from using the services provided under 
                the contract.''; and
                    (C) in paragraph (4), by adding at the end the 
                following new subparagraph:
                    ``(D) The spouse or dependent of a servicemember, 
                described in paragraph (1)(B), who accompanies such 
                servicemember during the period of relocation.'';
            (3) by striking subsection (b) and inserting the following:
    ``(b) Covered Contracts.--A contract described in this subsection 
is a contract--
            ``(1) for--
                    ``(A) commercial mobile service;
                    ``(B) telephone exchange service;
                    ``(C) internet access service;
                    ``(D) multichannel video programming service;
                    ``(E) a gym membership or fitness program; or
                    ``(F) home security services; and
            ``(2) entered into by a servicemember before receiving the 
        military orders referred to in subsection (a)(1).''; and
            (4) in subsection (g)--
                    (A) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively; and
                    (B) by inserting, after paragraph (1), the 
                following new paragraph (2):
            ``(2) The terms `military orders' and `permanent change of 
        station' have the meanings given such terms in section 305.''.
    (b) Retroactive Application.--The amendments made by this section 
shall apply to stop movement orders issued on or after March 1, 2020.

SEC. 18. RESIDENCE FOR TAX PURPOSES.

    Section 511(a) of the Servicemembers Civil Relief Act (50 U.S.C. 
4001(a)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Spouses.--A spouse of a servicemember shall neither 
        lose nor acquire a residence or domicile for purposes of 
        taxation with respect to the person, personal property, or 
        income of the spouse by reason of being absent or present in 
        any tax jurisdiction of the United States solely to be with the 
        servicemember in compliance with the servicemember's military 
        orders.
            ``(3) Election.--For any taxable year of the marriage, a 
        servicemember and the spouse of such servicemember may elect to 
        use for purposes of taxation, regardless of the date on which 
        the marriage of the servicemember and the spouse occurred, any 
        of the following:
                    ``(A) The residence or domicile of the 
                servicemember.
                    ``(B) The residence or domicile of the spouse.
                    ``(C) The permanent duty station of the 
                servicemember.''.

SEC. 19. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF THE 
              UNIFORMED SERVICES AND THEIR SPOUSES.

    (a) In General.--Title VII of the Servicemembers Civil Relief Act 
(50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50 
U.S.C. 4025) the following new section:

``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF SERVICEMEMBERS AND 
              THEIR SPOUSES.

    ``(a) In General.--In any case in which a servicemember or the 
spouse of a servicemember has a covered license and such servicemember 
or spouse relocates his or her residency because of military orders for 
military service to a location that is not in the jurisdiction of the 
licensing authority that issued the covered license, such covered 
license shall be considered valid at a similar scope of practice and in 
the discipline applied for in the jurisdiction of such new residency 
for the duration of such military orders if such servicemember or 
spouse--
            ``(1) provides a copy of such military orders to the 
        licensing authority in the jurisdiction in which the new 
        residency is located;
            ``(2) remains in good standing with--
                    ``(A) the licensing authority that issued the 
                covered license; and
                    ``(B) every other licensing authority that has 
                issued to the servicemember or the spouse of a 
                servicemember a license valid at a similar scope of 
                practice and in the discipline applied in the 
                jurisdiction of such licensing authority;
            ``(3) submits to the authority of the licensing authority 
        in the new jurisdiction for the purposes of standards of 
        practice, discipline, and fulfillment of any continuing 
        education requirements.
    ``(b) Interstate Licensure Compacts.--If a servicemember or spouse 
of a servicemember is licensed and able to operate in multiple 
jurisdictions through an interstate licensure compact, with respect to 
services provided in the jurisdiction of the interstate licensure 
compact by a licensee covered by such compact, the servicemember or 
spouse of a servicemember shall be subject to the requirements of the 
compact or the applicable provisions of law of the applicable State and 
not this section.
    ``(c) Covered License Defined.--In this section, the term `covered 
license' means a professional license or certificate--
            ``(1) that is in good standing with the licensing authority 
        that issued such professional license or certificate;
            ``(2) that the servicemember or spouse of a servicemember 
        has actively used during the two years immediately preceding 
        the relocation described in subsection (a); and
            ``(3) that is not a license to practice law.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 705 
the following new item:

``Sec. 705A. Portability of professional licenses of servicemembers and 
                            their spouses.''.

SEC. 20. PROVISION OF NONARTICULATING TRAILERS AS ADAPTIVE EQUIPMENT.

    Section 3901(2) of title 38, United States Code, is amended--
            (1) by striking ``and special'' and inserting ``special''; 
        and
            (2) by striking ``conveyance.'' and inserting ``conveyance, 
        and nonarticulating trailers solely designed to transport 
        powered wheelchairs, powered scooters, or other similar 
        mobility devices.''.

SEC. 21. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS PROVISION OF 
              ADDITIONAL AUTOMOBILE OR OTHER CONVEYANCE.

    Section 3903(a) of title 38, United States Code, is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
    ``(3) The Secretary may provide or assist in providing an eligible 
person with an additional automobile or other conveyance under this 
chapter--
            ``(A) if more than 30 years have elapsed since the eligible 
        person most recently received an automobile or other conveyance 
        under this chapter; or
            ``(B) beginning on the day that is 10 years after date of 
        the enactment of the Veterans Auto and Education Improvement 
        Act of 2022, if more than 10 years have elapsed since the 
        eligible person most recently received an automobile or other 
        conveyance under this chapter.''.

SEC. 22. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF CERTAIN VEHICLE 
              MODIFICATIONS AS MEDICAL SERVICES.

    Section 1701(6) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
                    ``(I) The provision of medically necessary van 
                lifts, raised doors, raised roofs, air conditioning, 
                and wheelchair tiedowns for passenger use.''.

SEC. 23. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                               H.R. 7939

_______________________________________________________________________

                               AMENDMENT