[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 134 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 134

 To direct the Secretary of Veterans Affairs to carry out a retraining 
  assistance program for unemployed veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

 Mr. Moran (for himself and Mr. Tester) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Veterans Affairs to carry out a retraining 
  assistance program for unemployed veterans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COVID-19 VETERAN RAPID RETRAINING ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of Veterans Affairs shall carry out 
a program under which the Secretary shall provide up to 12 months of 
retraining assistance to an eligible veteran for the pursuit of a 
covered program of education.
    (b) Eligible Veterans.--
            (1) In general.--For purposes of this section, an eligible 
        veteran is a veteran who--
                    (A) as of the date of the receipt by the Department 
                of Veterans Affairs of the application for assistance 
                under this section, is at least 22 years of age but not 
                more than 66 years of age;
                    (B) as of such date, is unemployed by reason of a 
                covered public health emergency, as certified by the 
                veteran;
                    (C) as of such date, is not eligible to receive 
                educational assistance under chapter 30, 31, 32, 33, or 
                35 of title 38, United States Code, or chapter 1606 of 
                title 10, United States Code;
                    (D) is not enrolled in any Federal or State jobs 
                program;
                    (E) is not in receipt of compensation for a 
                service-connected disability rated totally disabling by 
                reason of unemployability; and
                    (F) will not be in receipt of unemployment 
                compensation (as defined in section 85(b) of the 
                Internal Revenue Code of 1986), including any cash 
                benefit received pursuant to subtitle A of title II of 
                division A of the CARES Act (Public Law 116-136), as of 
                the first day on which the veteran would receive a 
                housing stipend payment under this section.
            (2) Treatment of veterans who transfer entitlement.--For 
        purposes of paragraph (1)(C), a veteran who has transferred all 
        of the veteran's entitlement to educational assistance under 
        section 3319 of title 38, United States Code, shall be 
        considered to be a veteran who is not eligible to receive 
        educational assistance under chapter 33 of such title.
            (3) Failure to complete.--Any veteran who receives 
        retraining assistance under this section to pursue a covered 
        program of education and who fails to complete the program of 
        education shall not be eligible to receive additional 
        assistance under this section.
    (c) Covered Programs of Education.--
            (1) In general.--For purposes of this section, a covered 
        program of education is a program of education (as such term is 
        defined in section 3452(b) of title 38, United States Code) for 
        training, pursued on a full-time or part-time basis--
                    (A) that--
                            (i) is approved under chapter 36 of such 
                        title;
                            (ii) does not lead to a bachelors or 
                        graduate degree; and
                            (iii) is designed to provide training for a 
                        high-demand occupation, as determined under 
                        paragraph (3); or
                    (B) that is a high technology program of education 
                offered by a qualified provider, under the meaning 
                given such terms in section 116 of the Harry W. Colmery 
                Veterans Educational Assistance Act of 2017 (Public Law 
                115-48; 38 U.S.C. 3001 note).
            (2) Accredited programs.--In the case of an accredited 
        program of education, the program of education shall not be 
        considered a covered program of education under this section if 
        the program has received a show cause order from the accreditor 
        of the program during the five-year period preceding the date 
        of the enactment of this Act.
            (3) Determination of high-demand occupations.--
                    (A) Initial implementation.--In carrying out this 
                section, to determine whether a program of education is 
                designed to provide training for high-demand 
                occupations, the Secretary of Veterans Affairs shall 
                use the list of high-demand occupations compiled by the 
                Commissioner of Labor Statistics until the final list 
                is issued under subparagraph (C).
                    (B) Study required.--
                            (i) In general.--The Secretary shall enter 
                        into an agreement with a federally funded 
                        research and development corporation or another 
                        appropriate non-Department of Veterans Affairs 
                        entity for the conduct of a study to determine 
                        which occupations are high-demand occupations.
                            (ii) Deadline.--The study described in 
                        clause (i) shall be completed not later than 90 
                        days after the date of the enactment of this 
                        Act.
                    (C) Final list.--The Secretary--
                            (i) may add or remove an occupation from 
                        the list in use pursuant to subparagraph (A) 
                        during the 90-day period following the 
                        completion of the study required by 
                        subparagraph (B);
                            (ii) shall issue a final list of high-
                        demand occupations for use under this section 
                        by not later than 90 days after the date of the 
                        completion of the study; and
                            (iii) shall make such final list publicly 
                        available on a website of the Department.
                    (D) Use of list.--The Secretary shall use the final 
                list issued under subparagraph (C) to determine whether 
                a program of education is designed to provide training 
                for high-demand occupations.
                    (E) Removal of occupations.--The Secretary may 
                remove occupations from the final list issued under 
                subparagraph (C) as the Secretary determines 
                appropriate.
            (4) Full-time defined.--In this subsection, the term 
        ``full-time'' has the meaning given such term under section 
        3688 of title 38, United States Code.
    (d) Amount of Assistance.--
            (1) Retraining assistance.--The Secretary of Veterans 
        Affairs shall provide to an eligible veteran pursuing a covered 
        program of education under the retraining assistance program 
        under this section an amount equal to the amount of educational 
        assistance payable under section 3313(c)(1)(A) of title 38, 
        United States Code.
            (2) Payments.--Amounts described in paragraph (1) shall be 
        payable directly to the educational institution offering the 
        covered program of education pursued by the veteran as follows:
                    (A) 50 percent of the total amount payable shall be 
                paid on the date on which the eligible veteran begins 
                the covered program of education.
                    (B) 25 percent of the total amount payable shall be 
                paid on the date on which the eligible veteran 
                completes the covered program of education.
                    (C) 25 percent of the total amount payable shall be 
                paid on the date on which the eligible veteran finds 
                employment in a field related to the covered program of 
                education.
            (3) Failure to complete.--
                    (A) Pro-rated payments.--In the case of an eligible 
                veteran who pursues a covered program of education 
                under the retraining assistance program under this 
                section, but who does not complete the program of 
                education, the Secretary shall pay to the educational 
                institution offering such program of education a pro-
                rated amount based on the number of months the veteran 
                pursued the program of education in accordance with 
                this paragraph.
                    (B) Payment otherwise due upon completion of 
                program.--The Secretary shall pay to the educational 
                institution a pro-rated amount under paragraph (2)(B) 
                when the veteran provides notice to the educational 
                institution that the veteran no longer intends to 
                pursue the program of education.
                    (C) Nonrecovery from veteran.--In the case of a 
                veteran referred to in subparagraph (A), the 
                educational institution may not seek payment from the 
                veteran for any amount that would have been payable 
                under paragraph (2)(B) had the veteran completed the 
                program of education.
                    (D) Payment due upon employment.--
                            (i) Veterans who find employment.--In the 
                        case of a veteran referred to in subparagraph 
                        (A) who finds employment in a field related to 
                        the program of education during the 180-day 
                        period beginning on the date on which the 
                        veteran withdraws from the program of 
                        education, the Secretary shall pay to the 
                        educational institution a pro-rated amount 
                        under paragraph (2)(C) when the veteran finds 
                        such employment.
                            (ii) Veterans who do not find employment.--
                        In the case of a veteran referred to in 
                        subparagraph (A) who does not find employment 
                        in a field related to the program of education 
                        during the 180-day period beginning on the date 
                        on which the veteran withdraws from the program 
                        of education--
                                    (I) the Secretary shall not make a 
                                payment to the educational institution 
                                under paragraph (2)(C); and
                                    (II) the educational institution 
                                may not seek payment from the veteran 
                                for any amount that would have been 
                                payable under paragraph (2)(C) had the 
                                veteran found employment during such 
                                180-day period.
            (4) Housing stipend.--For each month that an eligible 
        veteran pursues a covered program of education under the 
        retraining assistance program under this section, the Secretary 
        shall pay to the veteran a monthly housing stipend in an amount 
        equal to--
                    (A) in the case of a covered program of education 
                at an institution of higher learning (as that term is 
                defined in section 3452(f) of title 38, United States 
                Code) pursued on more than a half-time basis, the 
                amount specified under subsection (c)(1)(B) of section 
                3313 of title 38, United States Code;
                    (B) in the case of a covered program of education 
                at an institution other than an institution of higher 
                learning pursued on more than a half-time basis, the 
                amount specified under subsection (g)(3)(A)(ii) of such 
                section; or
                    (C) in the case of a covered program of education 
                pursued on less than a half-time basis, or a covered 
                program of education pursued solely through distance 
                learning on more than a half-time basis, the amount 
                specified under subsection (c)(1)(B)(iii) of such 
                section.
            (5) Failure to find employment.--The Secretary shall not 
        make a payment under paragraph (2)(C) with respect to an 
        eligible veteran who completes or fails to complete a covered 
        program of education under the retraining assistance program 
        under this section if the veteran fails to find employment in a 
        field related to the program of education within the 180-period 
        beginning on the date on which the veteran withdraws from or 
        completes the program.
    (e) Relation to Other Educational Assistance and Benefits.--
Retraining assistance provided under this section shall be in addition 
to any other entitlement to educational assistance or benefits for 
which an eligible veteran is, or has been, eligible.
    (f) No Transferability.--Retraining assistance provided under this 
section may not be transferred to another individual.
    (g) Employment Assistance.--
            (1) In general.--The Secretary of Labor shall contact each 
        eligible veteran who pursues a covered program of education 
        under this section--
                    (A) not later than 30 days after the date on which 
                the veteran begins the program of education to notify 
                the veteran of the availability of employment placement 
                services upon completion of the program; and
                    (B) not later than 14 days after the date on which 
                the veteran completes, or terminates participation in, 
                such program to facilitate the provision of employment 
                placement services to such veteran.
            (2) Provision of information.--The Secretary of Veterans 
        Affairs shall provide to the Secretary of Labor such 
        information as may be necessary to carry out paragraph (1).
    (h) Nonprofit Organization.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        seek to enter into a memorandum of understanding with one or 
        more qualified nonprofit organizations for the purpose of 
        facilitating the employment of eligible veterans who 
        participate in the retraining assistance program under this 
        section.
            (2) Qualified nonprofit organization.--For purposes of this 
        subsection, a qualified nonprofit organization is a nonprofit 
        organization that--
                    (A) is an association of businesses; and
                    (B) has at least two years of experience providing 
                job placement services for veterans.
    (i) Follow up Outreach.--The Secretary of Veterans Affairs, in 
coordination with the Secretary of Labor, shall contact each veteran 
who completes a covered program of education under the retraining 
assistance program under this section 30 days, 60 days, 90 days, and 
180 days after the veteran completes such program of education to ask 
the veteran about--
            (1) the experience of the veteran in the retraining 
        assistance program; and
            (2) the veteran's employment status.
    (j) Quarterly Reports.--Not later than one year after the date of 
the enactment of this Act, and quarterly thereafter, the Secretary of 
Labor 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 the following information about veterans who 
participate in the retraining assistance program under this section:
            (1) The percentage of such veterans who found employment 
        before the end of the second calendar quarter after exiting the 
        program.
            (2) The percentage of such veterans who found employment 
        before the end of the fourth calendar quarter after exiting the 
        program.
            (3) The median earnings of all such veterans for the second 
        quarter after exiting the program.
            (4) The percentage of such veterans who attain a recognized 
        postsecondary credential during the 12-month period after 
        exiting the program.
    (k) Limitation.--Not more than 35,000 eligible veterans may receive 
retraining assistance under this section.
    (l) Termination.--No retraining assistance may be paid under this 
section after the date that is 21 months after the date of the 
enactment of this Act.
    (m) GAO Report.--Not later than 180 days after the termination of 
the retraining assistance program under subsection (l), the Comptroller 
General of the United States shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a report on the outcomes and effectiveness of 
the program.
    (n) Funding.--
            (1) In general.--For each fiscal year for which the 
        Secretary of Veterans Affairs provides retraining assistance 
        under this section, such sums as may be necessary shall be made 
        available for such assistance from funds appropriated to, or 
        otherwise made available to, the Department of Veterans Affairs 
        for the payment of readjustment benefits.
            (2) Administrative costs.--There is authorized to be 
        appropriated $15,000,000 for administrative costs associated 
        with carrying out this section for each fiscal year for which 
        the Secretary provides retraining assistance under this 
        section.
    (o) Initiation of Payments.--The Secretary of Veterans Affairs may 
begin providing retraining assistance under this section on the date 
that is 180 days after the date of the enactment of this Act.
    (p) Definitions.--In this section:
            (1) Active military, naval, or air service; discharge or 
        release.--The terms ``active military, naval, or air service'' 
        and ``discharge or release'' have the meanings given those 
        terms in section 101 of title 38, United States Code.
            (2) Active service.--The term ``active service'' has the 
        meaning given such term in section 101 of title 10, United 
        States Code.
            (3) Covered public health emergency.--The term ``covered 
        public health emergency'' means--
                    (A) the public health emergency declared by the 
                Secretary of Health and Human Services under section 
                319 of the Public Health Service Act (42 U.S.C. 247d) 
                on January 31, 2020, with respect to Coronavirus 
                Disease 2019 (COVID-19); or
                    (B) a domestic emergency declared, based on an 
                outbreak of Coronavirus Disease 2019 (COVID-19), by the 
                President, the Secretary of Homeland Security, or a 
                State or local authority.
            (4) Veteran.--The term ``veteran'' means--
                    (A) a person who served in the active military, 
                naval, or air service, and who was discharged or 
                released therefrom under conditions other than 
                dishonorable; or
                    (B) a member of a reserve component of the Armed 
                Forces who performs active service for a period of 30 
                days or longer by reason of a covered public health 
                emergency.
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