[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7939 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7939
_______________________________________________________________________
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.
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 ``Student Veteran
Emergency Relief 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. Department of Veterans Affairs loan fees.
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. 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.--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. 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 5 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 Gi 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'';
and
(B) by striking ``and (d)'' and inserting ``(d),
and (i)''; and 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 with
respect to the running of the 10-year period described in
section 3031(a).''.
(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 twelve-year period of eligibility
prescribed in subsection (a) due to an emergency situation, such
twelve-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 section 3104(a)(2)
and (5) 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 by adding at the
end the following new paragraph:
``(5) 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.--Section 3101
of such title is amended by adding at the end the following new
paragraph:
``(10) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(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) 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 of Veterans
Affairs 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) 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 to--
``(I) assume responsibility for the quality and
content of the covered study-abroad course; and
``(II) 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);
(3) by inserting before clause (i), as so redesignated, the
following new subparagraph (A):
``(A) who--'';
(4) in clause (ii), as so redesignated--
(A) by striking ``subparagraph (A)'' and inserting
``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, 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.
``(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.
``(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 ten
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 Committees
on Veterans' Affairs of the Senate and 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. 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 ``January 14, 2031'' each place it appears
and inserting ``January 19, 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. 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.
Passed the House of Representatives September 14, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 7939
_______________________________________________________________________
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.