[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9643-S9649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6578. Mr. HEINRICH (for Mr. Moran (for himself and Mr. Tester)) 
proposed an amendment to the bill H.R. 7939, 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; as 
follows:

        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.

[[Page S9644]]

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

[[Page S9645]]

     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.--

[[Page S9646]]

       (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,

[[Page S9647]]

     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;

[[Page S9648]]

       ``(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--

[[Page S9649]]

       ``(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.
                                 ______