115 HR 1669 : VET–TEC Authorization Act of 2023
U.S. House of Representatives
2023-05-30
text/xml
EN
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IIB
118th CONGRESS
1st Session
H. R. 1669
IN THE SENATE OF THE UNITED STATES
May 30, 2023
Received; read twice and referred to the Committee on Veterans' Affairs
AN ACT
To amend title 38, United States Code, to make permanent the high technology pilot program of the Department of Veterans Affairs, and for other purposes.
1.

Short title
This Act may be cited as the “VET–TEC Authorization Act of 2023”.
2.

Department of Veterans Affairs high technology program
(a)

High technology program
(1)

In general
Chapter 36 of title 38, United States Code, is amended by adding at the end the following new section:
“3699C.

High technology program
(a)

Establishment
(1)
The Secretary shall carry out a program under which the Secretary provides covered individuals with the opportunity to enroll in high technology programs of education that the Secretary determines provide training or skills sought by employers in a relevant field or industry.
(2)
Not more than 6,000 covered individuals may participate in the program under this section in any fiscal year.
(b)

Amount of assistance
(1)
The Secretary shall provide, to each covered individual who pursues a high technology program of education under this section, educational assistance in amounts equal to the amounts provided under section 3313(c)(1) of this title, including with respect to the housing stipend described in that section and in accordance with the treatment of programs that are distance learning and programs that are less than half-time.
(2)
Under paragraph (1), the Secretary shall provide such amounts of educational assistance to a covered individual for each of the following:
(A)
A high technology program of education.
(B)
A second such program if—
(i)
the second such program begins at least 18 months after the covered individual graduates from the first such program; and
(ii)
the covered individual uses educational assistance under chapter 33 of this title to pursue the second such program.
(c)

Contracts
(1)
For purposes of carrying out subsection (a), the Secretary shall seek to enter into contracts with any number of qualified providers of high technology programs of education for the provision of such programs to covered individuals. Each such contract shall provide for the conditions under which the Secretary may terminate the contract with the provider and the procedures for providing for the graduation of students who were enrolled in a program provided by such provider in the case of such a termination.
(2)
A contract under this subsection shall provide that the Secretary shall pay to a provider—
(A)
upon the enrollment of a covered individual in the program, 25 percent of the cost of the tuition and other fees for the program of education for the individual;
(B)
upon graduation of the individual from the program, 25 percent of such cost; and
(C)
50 percent of such cost upon—
(i)
the successful employment of the covered individual for a period—
(I)
of 180 days in the field of study of the program; and
(II)
that begins not later than 180 days following graduation of the covered individual from the program;
(ii)
the employment of the individual by the provider for a period of one year; or
(iii)
the enrollment of the individual in a program of education to continue education in such field of study.
(3)
For purposes of this section, a provider of a high technology program of education is qualified if—
(A)
the provider employs instructors whom the Secretary determines are experts in their respective fields in accordance with paragraph (5);
(B)
the provider has successfully provided the high technology program for at least one year;
(C)
the provider does not charge tuition and fees to a covered individual who receives assistance under this section to pursue such program that are higher than the tuition and fees charged by such provider to another individual; and
(D)
the provider meets the approval criteria developed by the Secretary under paragraph (4).
(4)
(A)
The Secretary shall prescribe criteria for approving providers of a high technology program of education under this section.
(B)
In developing such criteria, the Secretary may consult with State approving agencies.
(C)
Such criteria are not required to meet the requirements of section 3672 of this title.
(D)
Such criteria shall include the job placement rate, in the field of study of a program of education, of covered individuals who complete such program of education.
(5)
The Secretary shall determine whether instructors are experts under paragraph (3)(A) based on evidence furnished to the Secretary by the provider regarding the ability of the instructors to—
(A)
identify professions in need of new employees to hire, tailor the programs to meet market needs, and identify the employers likely to hire graduates;
(B)
effectively teach the skills offered to covered individuals;
(C)
provide relevant industry experience in the fields of programs offered to incoming covered individuals; and
(D)
demonstrate relevant industry experience in such fields of programs.
(6)
In entering into contracts under this subsection, the Secretary shall give preference to a provider of a high technology program of education—
(A)
from which at least 70 percent of graduates find full-time employment in the field of study of the program during the 180-day period beginning on the date the student graduates from the program; or
(B)
that offers tuition reimbursement for any student who graduates from such a program and does not find employment described in subparagraph (A).
(d)

Effect on other entitlement
(1)
If a covered individual enrolled in a high technology program of education under this section has remaining entitlement to educational assistance under chapter 30, 32, 33, 34, or 35 of this title, entitlement of the individual to educational assistance under this section shall be charged at the rate of one month of such remaining entitlement for each such month of educational assistance under this section.
(2)
The Secretary may not consider enrollment in a high technology program of education under this section to be assistance under a provision of law referred to in section 3695 of this title.
(e)

Requirements for educational institutions
(1)
The Secretary shall not approve the enrollment of any covered individual, not already enrolled, in any high technology programs of education under this section for any period during which the Secretary finds that more than 85 percent of the students enrolled in the program are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 1606 or 1607 of title 10, except with respect to tuition, fees, or other charges that are paid under a payment plan at an educational institution that the Secretary determines has a history of offering payment plans that are completed not later than 180 days after the end of the applicable term, quarter, or semester.
(2)
The Secretary may waive a requirement of paragraph (1) if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, such waiver to be in the interest of the covered individual and the Federal Government. Not later than 30 days after the Secretary waives such a requirement, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding such waiver.
(3)
(A)
(i)
The Secretary shall establish and maintain a process by which an educational institution may request a review of a determination that the educational institution does not meet the requirements of paragraph (1).
(ii)
The Secretary may consult with a State approving agency regarding such process or such a review.
(iii)
Not later than 180 days after the Secretary establishes or revises a process under this subparagraph, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding such process.
(B)
An educational institution that requests a review under subparagraph (A)—
(i)
shall request the review not later than 30 days after the start of the term, quarter, or semester for which the determination described in subparagraph (A) applies; and
(ii)
may include any information that the educational institution believes the Department should have taken into account when making the determination, including with respect to any mitigating circumstances.
(f)

Annual reports
Not later than one year after the date of the enactment of this section, and annually thereafter until the termination date specified in subsection (i), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the operation of program under this section during the year covered by the report. Each such report shall include each of the following:
(1)
The number of covered individuals enrolled in the program, disaggregated by type of educational institution, during the year covered by the report.
(2)
The number of covered individuals who completed a high technology program of education under the program during the year covered by the report.
(3)
The average employment rate of covered individuals who completed such a program of education during such year, as of 180 days after the date of completion.
(4)
The average length of time between the completion of such a program of education and employment.
(5)
The total number of covered individuals who completed a program of education under the program and who, as of the date of the submission of the report, are employed in a position related to technology.
(6)
The average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology, in various geographic areas determined by the Secretary.
(7)
The average salary of all individuals employed in positions related to technology in the geographic areas determined under subparagraph (F), and the difference, if any, between such average salary and the average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology.
(8)
The number of covered individuals who completed a program of education under the program and who subsequently enrolled in a second program of education under the program.
(g)

Collection of information; consultation
(1)
The Secretary shall develop practices to use to collect information about covered individuals and providers of high technology programs of education.
(2)
For the purpose of carrying out program under this section, the Secretary may consult with providers of high technology programs of education and may establish an advisory group made up of representatives of such providers, private employers in the technology field, and other relevant groups or entities, as the Secretary determines necessary.
(h)

Definitions
In this section:
(1)
The term “covered individual” means any of the following:
(A)
A veteran whom the Secretary determines—
(i)
served an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training) and was discharged or released therefrom under conditions other than dishonorable; and
(ii)
has not attained the age of 62.
(B)
A member of the Armed Forces that the Secretary determines will become a veteran described in subparagraph (A) fewer than 180 days after the date of such determination.
(2)
The term high technology program of education means a program of education—
(A)
offered by a public or private educational institution;
(B)
if offered by an institution of higher learning, that is provided directly by such institution rather than by an entity other than such institution under a contract or other agreement;
(C)
that does not lead to a degree;
(D)
that has a term of not less than six and not more than 28 weeks; and
(E)
that provides instruction in computer programming, computer software, media application, data processing, or information sciences.
(i)

Termination
The authority to carry out a program under this section shall terminate on September 30, 2028.”.
(2)

Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3699B the following new item:
“3699C. High technology program.”.
(b)

Effect on high technology pilot program
Section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 note) is amended—
(1)
in subsection (g), by striking paragraph (6); and
(2)
by striking subsection (h) and inserting the following new subsection (h):
“(h)

Termination
The authority to carry out a pilot program under this section shall terminate on September 30, 2023.”.
(c)

Approval of certain high technology programs
Section 3680A of title 38, United States Code, is amended—
(1)
in subsection (a), by striking paragraph (4) and inserting the following:
“(4)
Any independent study program except—
(A)
an independent study program (including such a program taken over open circuit television) that—
(i)
is accredited by an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b);
(ii)
leads to—
(I)
a standard college degree;
(II)
a certificate that reflects educational attainment offered by an institution of higher learning; or
(III)
a certificate that reflects graduation from a course of study offered by—
- (aa)
an area career and technical education school (as defined in subparagraphs (C) and (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3))) that provides education at the postsecondary level; or
- (bb)
a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))) that provides education at the postsecondary level; and
(iii)
in the case of a program described in clause (ii)(III)—
(I)
provides training aligned with the requirements of employers in the State or local area where the program is located, which may include in-demand industry sectors or occupations;
(II)
provides a student, upon graduation from the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, which may include a credential recognized by industry or sector partnerships in the State or local area where the industry is located; and
(III)
meets such content and instructional standards as may be required to comply with the criteria under section 3676(c)(14) and (15) of this title; or
(B)
an online high technology program of education (as defined in subsection (h)(2) of section 3699C of this title)—
(i)
the provider of which has entered into a contract with the Secretary under subsection (c) of such section;
(ii)
that has been provided to covered individuals (as defined in subsection (h)(1) of such section) under such contract for a period of at least five years;
(iii)
regarding which the Secretary has determined that the average employment rate of covered individuals who graduated from such program of education is 65 percent or higher for the year preceding such determination; and
(iv)
that satisfies the requirements of subsection (e) of such section.”; and
(2)
in subsection (d), by adding at the end the following:
“(8)
Paragraph (1) shall not apply to the enrollment of a veteran in an online high technology program described in subsection (a)(4)(B).”.
(d)

Effective date
The amendments made by subsections (a) and (c) shall take effect on October 1, 2023.
3.

Burial allowance for certain veterans who die at home while in receipt of hospice care furnished by Department of Veterans Affairs
(a)

In general
Subsection (a)(2)(A) of section 2303 of title 38, United States Code, is further amended—
(1)
in clause (i), by striking “; or” and inserting a semicolon;
(2)
in clause (ii)(III), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following new clause:
“(iii)
a home or other setting at which the deceased veteran was, at the time of death, receiving hospice care pursuant to section 1717(a) of this title if such care was directly preceded by the Secretary furnishing to the veteran hospital care or nursing home care described in subclause (I), (II), or (III) of clause (ii).”.
(b)

Applicability
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to deaths occurring on or after the date that is 180 days after the date of the enactment of this Act.
4.

Inclusion of non-degree flight training in certain rehabilitation programs for certain veterans with service-connected disabilities
Section 3101 of title 38, United States Code, is amended—
(1)
in paragraph (7), by adding at the end the following: “A rehabilitation program may include a program that includes flight training and does not lead to a degree.”; and
(2)
by redesignating the first paragraph (10) as paragraph (1).
5.

Sole liability for transferred educational assistance by an individual who fails to complete a service agreement
Subsection (i) of section 3319 of title 38, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “In the event” and inserting “Subject to paragraph (2), in the event”; and
(B)
by inserting “of this title” after “section 3685”;
(2)
in subparagraph (A) of paragraph (2)—
(A)
in the heading, by striking “In general” and inserting “Sole liability”; and
(B)
by striking “under paragraph (1)” and inserting “for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of section 3685 of this title”; and
(3)
in subparagraph (B) of paragraph (2)—
(A)
in the matter preceding clause (i), by striking “Subparagraph (A) shall not apply” and inserting “Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of section 3685 of this title”; and
(B)
in clause (ii), by inserting “of this title” after “section 3311(c)(4)”.
6.

Increase of Department of Veterans Affairs educational assistance for programs of education in Republic of Philippines
(a)

Short title
This section may be cited as the “Filipino Education Fairness Act”.
(b)

Increase
Section 3532 of title 38, United States Code, is amended—
(1)
by striking subsection (d); and
(2)
by redesignating subsections (e) through (g) as subsections (d) through (f), respectively.
7.

Provision of certificates of eligibility and award letters using electronic means
Chapter 36 of title 38, United States Code, is amended by inserting after section 3698 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):
“3698A.

Provision of certificates of eligibility and award letters using electronic means
(a)

Requirement
Except as provided by subsection (b), the Secretary shall provide to an individual the following documents using electronic means:
(1)
A certificate of eligibility for the entitlement of the individual to covered educational assistance.
(2)
An award letter regarding the authorization of the individual to receive covered educational assistance.
(b)

Election To opt out
An individual may elect to receive the documents specified in subsection (a) by mail rather than through electronic means under subsection (a). An individual may revoke such an election at any time, by means prescribed by the Secretary.
(c)

Covered educational assistance
In this section, the term covered educational assistance means educational assistance under chapter 30, 33, or 35, or section 3699C, of this title.”.
8.

Department of Veterans Affairs housing loan fees
The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking “November 14, 2031” each place it appears and inserting “April 30, 2032”.
Passed the House of Representatives May 24, 2023.
Cheryl L. Johnson,
Clerk.
Lisa P. Grant,
Deputy Clerk.