[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9961-H9968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STUDENT VETERAN EMERGENCY RELIEF ACT OF 2022
Mr. TAKANO. Madam Speaker, I move to suspend the rules and concur in
the Senate 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Auto and Education Improvement Act of 2022''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Educational assistance benefits during emergency situations.
Sec. 3. Extension of time limitations for use of entitlement.
Sec. 4. Extension of payment of vocational rehabilitation subsistence
allowances.
Sec. 5. Payment of work-study allowances during emergency situations.
Sec. 6. Payment of allowances to veterans enrolled in educational
institutions closed for emergency situations.
Sec. 7. Apprenticeship or on-job training requirements.
Sec. 8. Prohibition of charge to entitlement of students unable to
pursue a program of education due to an emergency
situation.
Sec. 9. Department of Veterans Affairs approval of certain study-abroad
programs.
Sec. 10. Eligibility for educational assistance under Department of
Veterans Affairs Post-9/11 Educational Assistance Program
of certain individuals who receive sole survivorship
discharges.
Sec. 11. Uniform application for Department of Veterans Affairs
approval of courses of education.
Sec. 12. Notice requirements for Department of Veterans Affairs
education surveys.
Sec. 13. Exception to requirement to submit verification of enrollment
of certain individuals.
Sec. 14. Expansion of eligibility for self-employment assistance under
veteran readiness and employment program.
Sec. 15. Possible definitions of certain terms relating to educational
assistance.
Sec. 16. Extension of certain limits on payments of pension.
Sec. 17. Termination of certain consumer contracts by servicemembers
and dependents who enter into contracts after receiving
military orders for permanent change of station but then
receive stop movement orders due to an emergency
situation.
Sec. 18. Residence for tax purposes.
Sec. 19. Portability of professional licenses of members of the
uniformed services and their spouses.
Sec. 20. Provision of nonarticulating trailers as adaptive equipment.
Sec. 21. Eligibility for Department of Veterans Affairs provision of
additional automobile or other conveyance.
Sec. 22. Department of Veterans Affairs treatment of certain vehicle
modifications as medical services.
Sec. 23. Determination of budgetary effects.
SEC. 2. EDUCATIONAL ASSISTANCE BENEFITS DURING EMERGENCY
SITUATIONS.
(a) In General.--Chapter 36 of title 38, United States
Code, is amended--
(1) by redesignating subchapters I and II as subchapters II
and III, respectively; and
(2) by inserting before subchapter II, as so redesignated,
the following new subchapter:
``SUBCHAPTER I--EMERGENCY SITUATIONS
``Sec. 3601. Definition of emergency situation
``In this chapter, the term `emergency situation' means a
situation that--
``(1) the President declares is an emergency; and
``(2) the Secretary determines is an emergency for purposes
of the laws administered by the Secretary.
``Sec. 3602. Continuation of educational assistance benefits
during emergency situations
``(a) Authority.--(1) If the Secretary determines under
subsection (c) that an individual is negatively affected by
an emergency situation, the Secretary may provide educational
assistance to that individual under the laws administered by
the Secretary as if such negative effects did not occur.
``(2) The authority under this section is in addition to
the other authorities of the Secretary to provide benefits in
emergency situations, but in no case may the Secretary
provide more than a total of four weeks of additional
educational assistance by reason of any other such authority
and this section.
``(b) Housing and Allowances.--In providing educational
assistance to an individual pursuant to subsection (a), the
Secretary may--
``(1) continue to pay a monthly housing stipend under
chapter 33 of this title, during a month the individual would
have been enrolled in a program of education or training but
for the emergency situation at the same rate such stipend
would have been payable if the individual had not been
negatively affected by the
[[Page H9962]]
emergency situation, except that the total number of weeks
for which stipends may continue to be so payable may not
exceed four weeks; and
``(2) continue to pay payments or subsistence allowances
under chapters 30, 31, 32, 33, and 35 of this title and
chapter 1606 of title 10 during a month for a period of time
that the individual would have been enrolled in a program of
education or training but for the emergency situation, except
that the total number of weeks for which payments or
allowances may continue to be so payable may not exceed four
weeks.
``(c) Determination of Negative Effects.--The Secretary
shall determine that an individual was negatively affected by
an emergency situation if--
``(1) the individual is enrolled in a covered program of
education of an educational institution or enrolled in
training at a training establishment and is pursuing such
program or training using educational assistance under the
laws administered by the Secretary;
``(2) the educational institution or training establishment
certifies to the Secretary that such program or training is
truncated, delayed, relocated, canceled, partially canceled,
converted from being on-site to being offered by distance
learning, or otherwise modified or made unavailable by reason
of the emergency situation; and
``(3) the Secretary determines that the modification to
such program or training specified under paragraph (2) would
reduce the amount of educational assistance (including with
respect to monthly housing stipends, payments, or subsistence
allowances) that would be payable to the individual but for
the emergency situation.
``(d) Effect on Entitlement Period.--If the Secretary
determines that an individual who received assistance under
this section did not make progress toward the completion of
the program of education in which the individual is enrolled
during the period for which the individual received such
assistance, any assistance provided pursuant to this section
shall not be counted for purposes of determining the total
amount of an individual's entitlement to educational
assistance, housing stipends, or payments or subsistence
allowances under chapters 30, 31, 32, and 35 of this title
and chapter 1606 of title 10.
``Sec. 3603. Continuation of educational assistance benefits
for certain programs of education converted to distance
learning by reason of emergency situations
``In the case of a program of education approved by a State
approving agency, or the Secretary when acting in the role of
a State approving agency, that is converted from being
offered on-site at an educational institution or training
establishment to being offered by distance learning by reason
of an emergency or health-related situation, as determined by
the Secretary, the Secretary may continue to provide
educational assistance under the laws administered by the
Secretary without regard to such conversion, including with
respect to paying any--
``(1) monthly housing stipends under chapter 33 of this
title; or
``(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of this title and chapter 1606 of title 10.
``Sec. 3604. Effects of closure of educational institution
and modification of courses by reason of emergency
situation
``(a) Closure or Disapproval.--Any payment of educational
assistance described in subsection (b) shall not--
``(1) be charged against any entitlement to educational
assistance of the individual concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(b) Educational Assistance Described.--Subject to
subsection (d), the payment of educational assistance
described in this subsection is the payment of such
assistance to an individual for pursuit of a course or
program of education at an educational institution under
chapter 30, 31, 32, 33, or 35 of this title or chapter 1606
of title 10, if the Secretary determines that the
individual--
``(1) was unable to complete such course or program as a
result of--
``(A) the closure of the educational institution, or the
full or partial cancellation of a course or program of
education, by reason of an emergency situation; or
``(B) the disapproval of the course or a course that is a
necessary part of that program under this chapter because the
course was modified by reason of such emergency; and
``(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
``(c) Housing Assistance.--In this section, educational
assistance includes, as applicable--
``(1) monthly housing stipends payable under chapter 33 of
this title for any month the individual would have been
enrolled in a course or program of education; and
``(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of this title and chapter 1606 of title 10
during a month the individual would have been enrolled in a
course or program of education.
``(d) Period Not Charged.--The period for which, by reason
of this section, educational assistance is not charged
against entitlement or counted toward the applicable
aggregate period under section 3695 of this title shall not
exceed the aggregate of--
``(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2); and
``(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(e) Continuing Pursuit of Disapproved Courses.--(1) The
Secretary may treat a course of education that is disapproved
under this chapter as being approved under this chapter with
respect to an individual described in paragraph (2) if the
Secretary determines, on a programmatic basis, that--
``(A) such disapproval is the result of an action described
in subsection (b)(1)(B); and
``(B) continuing pursuing such course is in the best
interest of the individual.
``(2) An individual described in this paragraph is an
individual who is pursuing a course of education at an
educational institution under chapter 30, 31, 32, 33, or 35
of this title or chapter 1606 of title 10, as of the date on
which the course is disapproved as described in subsection
(b)(1)(B).
``(f) Status as Full-time Student for Purposes of Housing
Stipend Calculation.--In the case of an individual who, as of
the first day of an emergency situation was enrolled on a
full-time basis in a program of education and was receiving
educational assistance under chapter 33 of this title or
subsistence allowance under chapter 31 of this title, and for
whom the Secretary makes a determination under subsection
(b), the individual shall be treated as an individual
enrolled in a program of education on a full-time basis for
the purpose of calculating monthly housing stipends payable
under chapter 33 of this title, or subsistence allowance
payable under chapter 31 of this title, for any month the
individual is enrolled in the program of education on a part-
time basis to complete any course of education that was
partially or fully canceled by reason of the emergency
situation.
``(g) Notice of Closures.--Not later than five business
days after the date on which the Secretary receives notice
that an educational institution will close or is closed by
reason of an emergency situation, the Secretary shall provide
to each individual who is enrolled in a course or program of
education at such educational institution using entitlement
to educational assistance under chapter 30, 31, 32, 33, or 35
of this title, or chapter 1606 of title 10 notice of--
``(1) such closure and the date of such closure; and
``(2) the effect of such closure on the individual's
entitlement to educational assistance pursuant to this
section.
``Sec. 3605. Payment of educational assistance in cases of
withdrawal
``(a) In General.--In the case of any individual who
withdraws from a program of education or training, other than
a program by correspondence, in an educational institution
under chapter 31, 34, or 35 of this title for a covered
reason during the period of an emergency situation, the
Secretary shall find mitigating circumstances for purposes of
section 3680(a)(1)(C)(ii) of this title.
``(b) Covered Reason.--In this section, the term `covered
reason' means any reason related to an emergency situation,
including--
``(1) illness, quarantine, or social distancing
requirements;
``(2) issues associated with accessibility;
``(3) access or availability of childcare;
``(4) providing care for a family member or cohabitants;
``(5) change of location or residence due to the emergency
situation or associated school closures;
``(6) employment changes or financial hardship; and
``(7) issues associated with changes in format or medium of
instruction.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended--
(1) by striking the item relating to subchapter II and
inserting the following new item:
``subchapter iii-miscellaneous provisions''.
(2) by striking the item relating to subchapter I and
inserting the following new item:
``subchapter ii-state approving agencies''.
(3) by inserting before the item relating to subchapter II
the following new items:
``subchapter i-emergency situations
``3601. Definition of emergency situation.
``3602. Continuation of educational assistance benefits during
emergency situations.
``3603. Continuation of educational assistance benefits for certain
programs of education converted to distance learning by
reason of emergency situations.
``3604. Effects of closure of educational institution and modification
of courses by reason of emergency situation.
``3605. Payment of educational assistance in cases of withdrawal.''.
(c) Conforming Repeals.--The following provisions of law
are repealed:
(1) Sections 1102, 1103, and 1104 of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315).
(2) Public Law 116-128.
SEC. 3. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT.
(a) Montgomery BI Bill.--Section 3031 of title 38, United
States Code, is amended by adding at the end the following
new subsection:
``(i) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing
the individual's chosen program of education before the
expiration of the 10-year period for the use of entitlement
under this chapter otherwise applicable under this section
because the educational institution or training establishment
closed (temporarily or permanently) under an established
policy based on an Executive order of the President or due to
an emergency situation, such 10-year period--
[[Page H9963]]
``(1) shall not run during the period the individual is so
prevented from pursuing such program; and
``(2) shall again begin running on the first day after the
individual is able to resume pursuit of a program of
education with educational assistance under this chapter.''.
(b) Post-9/11 Educational Assistance.--
(1) In general.--Section 3321(b)(1) of such title is
amended--
(A) by inserting ``(A)'' before ``Subsections'';
(B) in subparagraph (A), as designated by subparagraph (A),
by striking ``and (d)'' and inserting ``(d), and (i)''; and
(C) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 shall apply with
respect to the running of the 15-year period described in
paragraphs (4)(A) and (5)(A) of this subsection in the same
manner as such subsection applies under section 3031 of this
title with respect to the running of the 10-year period
described in section 3031(a) of this title.''.
(2) Transfer period.--Section 3319(h)(5) of such title is
amended--
(A) in subparagraph (A), by inserting ``or (C)'' after
``subparagraph (B)''; and
(B) by adding at the end the following new subparagraph:
``(C) Emergency situations.--In any case in which the
Secretary determines that an individual to whom entitlement
is transferred under this section has been prevented from
pursuing the individual's chosen program of education before
the individual attains the age of 26 years because the
educational institution or training establishment closed
(temporarily or permanently) under an established policy
based on an Executive order of the President or due to an
emergency situation, the Secretary shall extend the period
during which the individual may use such entitlement for a
period equal to the number of months that the individual was
so prevented from pursuing the program of education, as
determined by the Secretary.''.
(c) Vocational Rehabilitation and Training.--
(1) Period for use.--Section 3103 of such title is
amended--
(A) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(B) by adding at the end the following new subsection:
``(h) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the 12-year
period of eligibility prescribed in subsection (a) due to an
emergency situation, such 12-year period--
``(1) shall not run during the period the individual is so
prevented from participating such program; and
``(2) shall again begin running on the first day after the
individual is able to resume participation in such
program.''.
(2) Duration of program.--Section 3105(b) of such title is
amended--
(A) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following new paragraph:
``(3)(A) In any case in which the Secretary determines that
a veteran has been prevented from participating in counseling
and placement and postplacement services described in
paragraphs (2) and (5) of section 3104(a) of this title due
to an emergency situation, the Secretary shall extend the
period during which the Secretary may provide such counseling
and placement and postplacement services for the veteran for
a period equal to the number of months that the veteran was
so prevented from participating in such counseling and
services, as determined by the Secretary.
``(B) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter due to an emergency
situation, the Secretary shall extend the period of the
veteran's vocational rehabilitation program for a period
equal to the number of months that the veteran was so
prevented from participating in the vocational rehabilitation
program, as determined by the Secretary.''.
(d) Educational Assistance for Members of the Selected
Reserve.--Section 16133(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(5) In any case in which the Secretary concerned
determines that a person entitled to educational assistance
under this chapter has been prevented from using such
person's entitlement due to an emergency situation, the
Secretary concerned shall extend the period of entitlement
prescribed in subsection (a) for a period equal to the number
of months that the person was so prevented from using such
entitlement, as determined by the Secretary.''.
(e) Emergency Situation Defined.--
(1) Post-9/11 educational assistance program.--Section 3301
of title 38, United States Code, is amended--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(2) MGIB.--Section 3002 of such title is amended by adding
at the end the following new paragraph:
``(9) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(3) Vocational rehabilitation and training.--
(A) In general.--Section 3101 of such title is amended--
(i) by redesignating paragraphs (1) through (9) as
paragraphs (2) through (10), respectively; and
(ii) by inserting before paragraph (2), as redesignated by
clause (i), the following new paragraph:
``(10) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(B) Conforming amendments.--Such title is amended--
(i) in section 1728(a)(4)(A), by striking ``section 3101(9)
of'' and inserting ``section 3101 of''; and
(ii) in section 3695(b), by striking ``in section 3101(5)''
and inserting ``in section 3101''.
(4) Educational assistance for members of the selected
reserve.--Section 16133 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) In this section, the term `emergency situation' has
the meaning given such term in section 3601 of title 38.''.
(f) Conforming Repeal.--Section 6 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is
repealed.
SEC. 4. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION
SUBSISTENCE ALLOWANCES.
(a) In General.--Section 3104 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(e) In the case of any veteran whom the Secretary
determines is satisfactorily following a program of
employment services provided under subsection (a)(5) during
the period of an emergency situation, the Secretary may pay
the veteran a subsistence allowance, as prescribed in section
3108 of this title for full-time training for the type of
program that the veteran was pursuing, for two additional
months, if the Secretary determines that the veteran is
negatively affected by the emergency situation.''.
(b) Conforming Repeal.--Section 8 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is
repealed.
SEC. 5. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY
SITUATIONS.
(a) In General.--Section 3485 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(f)(1) In case of an individual who is in receipt of
work-study allowance pursuant to an agreement described in
subsection (a)(3) as of the date on which an emergency
situation occurs and who is unable to continue to perform
qualifying work-study activities described in subsection
(a)(4) by reason of the emergency situation--
``(A) the Secretary may continue to pay work-study
allowance under this section or make deductions described in
subsection (e)(1) during the period of such emergency
situation, notwithstanding the inability of the individual to
perform such work-study activities by reason of such
emergency situation; and
``(B) at the option of the individual, the Secretary shall
extend the agreement described in subsection (a)(3) with the
individual for any subsequent period of enrollment initiated
during the emergency situation, notwithstanding the inability
of the individual to perform work-study activities described
in subsection (a)(4) by reason of such emergency situation.
``(2) The amount of work-study allowance payable to an
individual under paragraph (1)(A) during the period of an
emergency situation shall be an amount determined by the
Secretary but may not exceed the amount that would be payable
under subsection (a)(2) if the individual worked 25 hours per
week paid during such period.
``(3) The term `emergency situation' has the meaning given
that term in section 3601 of this title.''.
(b) Conforming Repeal.--Section 3 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is
repealed.
SEC. 6. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN
EDUCATIONAL INSTITUTIONS CLOSED FOR EMERGENCY
SITUATIONS.
(a) In General.--Section 3680 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Payments During Emergency Situations.--(1) The
Secretary may pay allowances to an eligible veteran or
eligible person under subsection (a)(2)(A), if the veteran or
person is enrolled in a program or course of education that--
``(A) is provided by an educational institution or training
establishment that is closed by reason of an emergency
situation; or
``(B) is suspended by reason of an emergency situation.
``(2) The total number of weeks for which allowances may be
paid by reason of this subsection may not exceed four weeks.
``(3) Any amount paid under this subsection shall not be
counted for purposes of the limitation on allowances under
subsection (a)(2)(A).''.
(b) Conforming Repeal.--Section 4 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is
repealed.
SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.
(a) In General.--Section 3687(e) of title 38, United States
Code, is amended by striking paragraph (2) and inserting the
following new paragraph (2):
``(2)(A) Subject to subparagraphs (B) and (C), for any
month in which an individual fails to complete 120 hours of
training, the entitlement otherwise chargeable under
paragraph (1) shall be reduced in the same proportion as the
monthly training assistance allowance payable is reduced
under subsection (b)(3).
``(B) In the case of an individual who is unemployed by
reason of an emergency situation during any month, the 120-
hour requirement under subparagraph (A) for that month shall
be reduced proportionately to reflect the individual's period
of unemployment, except that the
[[Page H9964]]
amount of monthly training assistance otherwise payable to
the individual under subsection (b)(3) shall not be reduced.
``(C) Any period during which an individual is unemployed
by reason of an emergency situation shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(D) Any amount by which the entitlement of an individual
is reduced under subparagraph (A) shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(E)(i) In the case of an individual who fails to complete
120 hours of training during a month, but who completed more
than 120 hours of training during the preceding month, the
individual may apply the number of hours in excess of 120
that the individual completed for that month to the month for
which the individual failed to complete 120 hours. If the
addition of such excess hours results in a total of 120 hours
or more, the individual shall be treated as an individual who
has completed 120 hours of training for that month. Any
excess hours applied to a different month under this
subparagraph may only be applied to one such month.
``(F) This paragraph applies to amounts described in
section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this
title and section 16131(d)(2) of title 10.
``(G) In this paragraph:
``(i) The term `unemployed' includes being furloughed or
being scheduled to work zero hours.
``(ii) The term `fails to complete 120 hours of training'
means, with respect to an individual, that during any month,
the individual completes at least one hour, but fewer than
120 hours, of training, including in a case in which the
individual is unemployed for part of, but not the whole,
month.''.
(b) Conforming Repeal.--Section 1106 of the Johnny Isakson
and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315) is repealed.
SEC. 8. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS
UNABLE TO PURSUE A PROGRAM OF EDUCATION DUE TO
AN EMERGENCY SITUATION.
(a) Permanent Applicability.--Section 3699(b)(1) of title
38, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking ``and'' at the end
and inserting ``or'' ; and
(3) by adding at the end the following new subparagraph:
``(C) the temporary closure of an educational institution
or training establishment or the temporary closure or
termination of a course or program of education by reason of
an emergency situation; and''.
(b) Conforming Repeal.--Section 5 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is
repealed.
SEC. 9. DEPARTMENT OF VETERANS AFFAIRS APPROVAL OF CERTAIN
STUDY-ABROAD PROGRAMS.
(a) In General.--Section 3680A(f) of title 38, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``The Secretary'' and inserting ``(1)
Except as provided in paragraph (2), the Secretary''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a covered study-abroad course, the
Secretary may approve the course for a period of not more
than five years, if the contract or other written agreement
under which the course is offered provides that--
``(i) the educational institution that offers a course that
is approved under this chapter agrees--
``(I) to assume responsibility for the quality and content
of the covered study-abroad course; and
``(II) to serve as the certifying official for the course
for purposes of this chapter; and
``(ii) the educational institution that offers the covered
study-abroad course agrees to seek the approval of the course
under this chapter by not later than five years after the
date of the agreement.
``(B) In this paragraph, the term `covered study-abroad
course' means a course that--
``(i) is provided as a part of a program of education
offered by an educational institution under a contract or
other written agreement by another educational institution
that offers a course that is approved under this chapter;
``(ii) is provided at a location in a foreign country; and
``(iii) has not been approved under this chapter.''.
(b) Treatment of Certain Courses.--In the case of any
covered study-abroad course, under the meaning given such
term in subparagraph (B) of paragraph (2) of subsection (f)
of section 3680A of title 38, United States Code, as added by
subsection (a), that is being offered under a contract or
other written agreement as of the date of the enactment of
this Act, the Secretary of Veterans Affairs may approve such
course under such paragraph (2) for the five-year period
beginning on the date of the enactment of this Act, if such
contract or other written agreement meets the criteria
provided in subparagraph (A) of such paragraph.
SEC. 10. ELIGIBILITY FOR EDUCATIONAL ASSISTANCE UNDER
DEPARTMENT OF VETERANS AFFAIRS POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM OF CERTAIN
INDIVIDUALS WHO RECEIVE SOLE SURVIVORSHIP
DISCHARGES.
(a) Short Title.--This section may be cited as the ``Sgt.
Wolf Kyle Weninger Veterans Education Fairness Act of 2022''.
(b) Eligibility.--Subsection (b)(2) of section 3311 of
title 38, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``who'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting such clause two ems
to the right;
(3) by inserting before clause (i), as so redesignated, the
following new subparagraph (A):
``(A) who--'';
(4) in subparagraph (A)(ii), as so redesignated--
(A) by striking ``in subparagraph (A)'' and inserting ``in
clause (i)''; and
(B) by striking the period and inserting ``or by reason of
a sole survivorship discharge (as that term is defined in
section 1174(i) of title 10); or''; and
(5) by adding at the end the following new subparagraph
(B):
``(B) who--
``(i) commencing on or after September 11, 2001, completes
at least 30 continuous days of service described in
subsection (d) (1) or (2); and
``(ii) after completion of service described in clause (i),
is discharged or released by reason of a sole survivorship
discharge (as that term is defined in section 1174(i) of
title 10).''.
(c) Conforming Amendment.--Subsection (d) of such section
is amended by striking ``The following'' and inserting
``Except as provided in subsection (b)(2)(B), the
following''.
SEC. 11. UNIFORM APPLICATION FOR DEPARTMENT OF VETERANS
AFFAIRS APPROVAL OF COURSES OF EDUCATION.
(a) In General.--Subchapter I of chapter 36 of title 38,
United States Code, is amended by inserting after section
3672 the following new section:
``Sec. 3672A. Uniform application
``(a) In General.--(1) The Secretary, in partnership with
State approving agencies, educational institutions, and
training establishments, shall require the use of a uniform
application by any educational institution or training
establishment seeking the approval of a new course of
education under this chapter.
``(2) The Secretary shall maintain one uniform application
for institutions of higher learning and one such application
for other educational institutions and training
establishments.
``(3) In the case of any State that uses approval criteria
not covered by a uniform application under this section, the
State approving agency for that State shall require the use
of the uniform application and may require the submittal of
additional information.
``(b) Requirements.--The uniform application required under
subsection (a) shall meet the following requirements:
``(1) A requirement that the appropriate executive of the
educational institution or training establishment seeking the
approval of a course of education attests on behalf of the
educational institution or training establishment that the
educational institution or training establishment--
``(A) is in compliance with all applicable laws and
regulations relating to the approval of courses of education
under this chapter; and
``(B) during the five-year period preceding the date of the
application--
``(i) has not been subject to, or been party to a contract
with any individual or entity that has been subject to, any
adverse administrative or judicial action that--
``(I) related to the instruction or training, including
with respect to the quality of education, provided by the
institution or establishment; and
``(II) resulted in a fine or penalty in an amount equal to
or more than five percent of the amount of funding provided
to the institution or establishment under title IV of the
Higher Education Act of 1965 for the fiscal year preceding
the year in which the application is submitted; or
``(ii) has not employed an individual, or been party to a
contract with any individual or entity, that has been
convicted of a Federal fraud charge related to the
instruction or training provided by the institution or
establishment.
``(2) In the case of any educational institution or
training establishment that is not participating in title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
a requirement for the inclusion of--
``(A) a copy of--
``(i) the articles of incorporation filed on behalf of the
institution or establishment or proof of licensing to operate
as an educational institution or training establishment in
the State where the institution or establishment is located;
and
``(ii) the financial position of the institution or
establishment, as prepared by an appropriate third-party
entity; or
``(B) other adequate evidence, as determined by the
Secretary, that the institution or establishment is
authorized to provide post-secondary education or training in
the State where the institution or establishment is located.
``(3) In the case of any course of education that is
offered by an educational institution or training
establishment that has never offered a course of education
that was approved under this chapter, a requirement for the
inclusion of information about the course of education
covered by the application, including--
``(A) the number of students who have entered and graduated
from the course during the preceding two-year period; and
``(B) if available, the cohort default rate for funds
provided to the institution or establishment under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
[[Page H9965]]
``(4) In the case of any educational institution or
training establishment that is not an institution of higher
learning, a requirement for the inclusion of--
``(A) a list of individuals who will serve as fully
qualified instructors for the course of education, as of the
date of the application, and an attestation that such
individuals--
``(i) have a degree or other training, as appropriate, in
the field of the course;
``(ii) effectively teach the skills offered under the
course; and
``(iii) have demonstrated relevant industry experience in
the field of the course; and
``(B) a list of individuals who will serve as career
services employees for students enrolled in the course and an
attestation that such individuals are skilled at identifying
professions in the relevant industry that are in need of new
employees to hire, tailoring the course of education to meet
market needs, and identifying the employers likely to hire
graduates.
``(c) Requirements for State Approving Agencies.--During
the approval process with respect to a uniform application
submitted by an educational institution or training
establishment, a State approving agency, or the Secretary
when acting in the role of a State approving agency, shall
contact the Secretary of Education to determine whether the
course of education subject to such approval process has
withdrawn, or been denied or suspended, from receiving for
benefits under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.).
``(d) Appropriate Executive.--In this section, the
appropriate executive of an educational institution or
training establishment is a senior executive official, senior
administrator, owner, or operator designated by the
institution or establishment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3672 the following new item:
``3672A. Uniform application.''.
(c) Applicability.--The application required by section
3672A of title 38, United States Code, as added by subsection
(a), shall--
(1) be developed by not later than October 1, 2023; and
(2) be required for the approval of any new course of
education proposed on or after that day.
SEC. 12. NOTICE REQUIREMENTS FOR DEPARTMENT OF VETERANS
AFFAIRS EDUCATION SURVEYS.
(a) Risk-based Survey.--Section 3673A of title 38, United
States Code, is amended by adding at the end the following
new subsection:
``(d) Notice.--To the maximum amount feasible, the
Secretary, or a State approving agency, as applicable, shall
provide not more than one business day of notice to an
educational institution before conducting a targeted risk-
based survey of the institution under this section.''.
(b) Compliance Surveys.--Section 3693 of title 38, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) To the maximum extent feasible, the Secretary, or a
State approving agency, as applicable, shall provide not more
than 10 business days of notice to an educational institution
or training establishment before conducting a compliance
survey of the institution or establishment under this
section.''.
SEC. 13. EXCEPTION TO REQUIREMENT TO SUBMIT VERIFICATION OF
ENROLLMENT OF CERTAIN INDIVIDUALS.
Section 3313(l) of title 38, United States Code, is
amended--
(1) in paragraph (1), by striking ``The Secretary'' and
inserting ``Except as provided in paragraph (4), the
Secretary''; and
(2) by striking paragraph (4) and inserting the following
new paragraph (4):
``(4) Exception.--An educational institution is not
required to submit verification of an individual under
paragraph (1)(A) if--
``(A) the individual is enrolled in a course or program of
education offered by the educational institution on at least
a full-time basis before the date on which the individual is
able to withdraw from the course or program of education
without penalty;
``(B) the educational institution charges the same amount
of tuition and fees for students who are enrolled on a full-
time basis and students who are enrolled on a more-than-full-
time basis; and
``(C) the individual remains enrolled in the course or
program of education after the date on which the individual
is able to withdraw from the course or program of education
without penalty.''.
SEC. 14. EXPANSION OF ELIGIBILITY FOR SELF-EMPLOYMENT
ASSISTANCE UNDER VETERAN READINESS AND
EMPLOYMENT PROGRAM.
(a) Expansion of Eligibility.--Paragraph (12) of subsection
(a) of section 3104 of title 38, United States Code, is
amended to read as follows:
``(12) Such license fees and essential equipment, supplies,
and minimum stocks of materials as the Secretary determines
to be necessary for a veteran to begin self-employment and
are within the criteria and cost limitations that the
Secretary shall prescribe in regulations for the furnishing
of such fees, equipment, supplies, and stocks.''.
(b) Priority.--Subsection (c)(1) of such section is amended
by inserting before the first period the following: ``,
including with respect to providing priority for services
under subsection (a)(12) to veterans with the most severe
service-connected disabilities who require homebound training
or self-employment, or both homebound training and self-
employment''.
(c) Technical Amendments.--Section 3117 of such title is
amended--
(1) in subsection (a)(2)(C), by striking ``this clause''
and inserting ``this subparagraph''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``insure'' and inserting
``ensure''; and
(B) in paragraph (2), by striking ``clause'' both places it
appears and inserting ``paragraph''.
SEC. 15. POSSIBLE DEFINITIONS OF CERTAIN TERMS RELATING TO
EDUCATIONAL ASSISTANCE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report containing possible definitions of
the Secretary for each of the following terms:
(1) Student services.
(2) Marketing.
(3) Classroom instruction.
SEC. 16. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``October 30, 2028'' and inserting
``November 30, 2031''.
SEC. 17. TERMINATION OF CERTAIN CONSUMER CONTRACTS BY
SERVICEMEMBERS AND DEPENDENTS WHO ENTER INTO
CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR
PERMANENT CHANGE OF STATION BUT THEN RECEIVE
STOP MOVEMENT ORDERS DUE TO AN EMERGENCY
SITUATION.
(a) In General.--Section 305A of the Servicemembers Civil
Relief Act (50 U.S.C. 3956) is amended--
(1) in the section heading, by striking ``telephone,
multichannel video programming, and internet access service''
and inserting ``certain consumer'';
(2) in subsection (a)--
(A) in the heading, by adding ``or Dependent of a
Servicemember'' at the end;
(B) in paragraph (1)--
(i) by striking ``after the date the servicemember receives
military orders to relocate for a period of not less than 90
days to a location that does not support the contract.'' and
inserting ``after--''; and
(ii) by adding at the end the following:
``(A) the date the servicemember receives military orders
to relocate for a period of not less than 90 days to a
location that does not support the contract; or
``(B) the date the servicemember, while in military
service, receives military orders for a permanent change of
station, thereafter enters into the contract, and then
receives a stop movement order issued by the Secretary of
Defense or the Secretary of Homeland Security in response to
a local, national, or global emergency, effective for an
indefinite period or for a period of not less than 30 days,
that prevents the servicemember from using the services
provided under the contract.''; and
(C) in paragraph (4), by adding at the end the following
new subparagraph:
``(D) The spouse or dependent of a servicemember, described
in paragraph (1)(B), who accompanies such servicemember
during the period of relocation.'';
(3) by striking subsection (b) and inserting the following:
``(b) Covered Contracts.--A contract described in this
subsection is a contract--
``(1) for--
``(A) commercial mobile service;
``(B) telephone exchange service;
``(C) internet access service;
``(D) multichannel video programming service;
``(E) a gym membership or fitness program; or
``(F) home security services; and
``(2) entered into by a servicemember before receiving the
military orders referred to in subsection (a)(1).''; and
(4) in subsection (g)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) The terms `military orders' and `permanent change of
station' have the meanings given such terms in section
305.''.
(b) Retroactive Application.--The amendments made by this
section shall apply to stop movement orders issued on or
after March 1, 2020.
SEC. 18. RESIDENCE FOR TAX PURPOSES.
Section 511(a) of the Servicemembers Civil Relief Act (50
U.S.C. 4001(a)) is amended by striking paragraph (2) and
inserting the following:
``(2) Spouses.--A spouse of a servicemember shall neither
lose nor acquire a residence or domicile for purposes of
taxation with respect to the person, personal property, or
income of the spouse by reason of being absent or present in
any tax jurisdiction of the United States solely to be with
the servicemember in compliance with the servicemember's
military orders.
``(3) Election.--For any taxable year of the marriage, a
servicemember and the spouse of such servicemember may elect
to use for purposes of taxation, regardless of the date on
which the marriage of the servicemember and the spouse
occurred, any of the following:
``(A) The residence or domicile of the servicemember.
``(B) The residence or domicile of the spouse.
``(C) The permanent duty station of the servicemember.''.
SEC. 19. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF
THE UNIFORMED SERVICES AND THEIR SPOUSES.
(a) In General.--Title VII of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting
after section 705 (50 U.S.C. 4025) the following new section:
``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF
SERVICEMEMBERS AND THEIR SPOUSES.
``(a) In General.--In any case in which a servicemember or
the spouse of a servicemember
[[Page H9966]]
has a covered license and such servicemember or spouse
relocates his or her residency because of military orders for
military service to a location that is not in the
jurisdiction of the licensing authority that issued the
covered license, such covered license shall be considered
valid at a similar scope of practice and in the discipline
applied for in the jurisdiction of such new residency for the
duration of such military orders if such servicemember or
spouse--
``(1) provides a copy of such military orders to the
licensing authority in the jurisdiction in which the new
residency is located;
``(2) remains in good standing with--
``(A) the licensing authority that issued the covered
license; and
``(B) every other licensing authority that has issued to
the servicemember or the spouse of a servicemember a license
valid at a similar scope of practice and in the discipline
applied in the jurisdiction of such licensing authority;
``(3) submits to the authority of the licensing authority
in the new jurisdiction for the purposes of standards of
practice, discipline, and fulfillment of any continuing
education requirements.
``(b) Interstate Licensure Compacts.--If a servicemember or
spouse of a servicemember is licensed and able to operate in
multiple jurisdictions through an interstate licensure
compact, with respect to services provided in the
jurisdiction of the interstate licensure compact by a
licensee covered by such compact, the servicemember or spouse
of a servicemember shall be subject to the requirements of
the compact or the applicable provisions of law of the
applicable State and not this section.
``(c) Covered License Defined.--In this section, the term
`covered license' means a professional license or
certificate--
``(1) that is in good standing with the licensing authority
that issued such professional license or certificate;
``(2) that the servicemember or spouse of a servicemember
has actively used during the two years immediately preceding
the relocation described in subsection (a); and
``(3) that is not a license to practice law.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 705 the following new item:
``Sec. 705A. Portability of professional licenses of servicemembers and
their spouses.''.
SEC. 20. PROVISION OF NONARTICULATING TRAILERS AS ADAPTIVE
EQUIPMENT.
Section 3901(2) of title 38, United States Code, is
amended--
(1) by striking ``and special'' and inserting ``special'';
and
(2) by striking ``conveyance.'' and inserting ``conveyance,
and nonarticulating trailers solely designed to transport
powered wheelchairs, powered scooters, or other similar
mobility devices.''.
SEC. 21. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS
PROVISION OF ADDITIONAL AUTOMOBILE OR OTHER
CONVEYANCE.
Section 3903(a) of title 38, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may provide or assist in providing an
eligible person with an additional automobile or other
conveyance under this chapter--
``(A) if more than 30 years have elapsed since the eligible
person most recently received an automobile or other
conveyance under this chapter; or
``(B) beginning on the day that is 10 years after date of
the enactment of the Veterans Auto and Education Improvement
Act of 2022, if more than 10 years have elapsed since the
eligible person most recently received an automobile or other
conveyance under this chapter.''.
SEC. 22. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF CERTAIN
VEHICLE MODIFICATIONS AS MEDICAL SERVICES.
Section 1701(6) of title 38, United States Code, is amended
by adding at the end the following new subparagraph:
``(I) The provision of medically necessary van lifts,
raised doors, raised roofs, air conditioning, and wheelchair
tiedowns for passenger use.''.
SEC. 23. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to insert extraneous material on H.R. 7939, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 7939, as amended, the
Veterans Auto and Education Improvement Act of 2022.
This comprehensive package from Chairman Levin of the Subcommittee on
Economic Opportunity includes several improvements for student veterans
and disabled veterans who require modified vehicles for transportation.
This bill passed the House in September with bipartisan support. The
Senate combined the original bill with H.R. 3304, Representative
Fletcher's CARS for Vets Act, which also passed with bipartisan
support. The Senate passed this amended package unanimously last night,
and I am urging this House to move speedily to pass this important
legislation, which is supported by Disabled American Veterans,
Paralyzed Veterans of America, Veterans Education Success, Student
Veterans of America, Veterans of Foreign Wars, and the VA.
The COVID-19 pandemic exposed many flaws in student veteran benefits.
We never could have anticipated the need to shift nearly all students
to remote learning, but without action, the VA would have been forced
to cut housing benefits for hundreds of thousands of student veterans
nationwide because the students technically were no longer attending
classes in person.
However, my committee and the House acted swiftly during 2020,
passing several crucial acts, including my Student Veteran Coronavirus
Response Act of 2020, which was swiftly signed into law. These actions
meant student veterans were protected from losing their benefits, but
only for a limited time.
While I am relieved we never left student veterans without their
benefits, we came far too close too many times.
H.R. 7939, as amended, does away with these artificial benefit cliffs
for student veterans and makes permanent many of the student veteran
protections passed as short-term measures during 2020 and 2021.
That means the next time there is an emergency, be it a flood,
tornado, another pandemic, or another event that forces them to take
their classes online for a short period of time, the VA will be ready
to fully pay out benefits to student veterans who are forced to attend
classes remotely.
I thank Subcommittee Chairman Levin for introducing H.R. 7939, as
amended, to safeguard these benefits.
In addition, included in this legislation is H.R. 5752, also from
Chairman Levin. This provision will allow servicemembers to get out of
contracts they may be wrongly bound to because of their orders.
Families suffered fines, excessive bills, and damage to their credit
scores due to circumstances completely outside of their control.
Also from Chairman Levin, H.R. 7939, as amended, includes the text
from H.R. 7369, the VENTURE Act, which allows more disabled veterans to
use the self-employment track for the Veteran Readiness and Employment
program. Previously, this option was only available to a very small
cohort of veterans. The VENTURE Act keeps prioritization of several
disabled veterans but also allows additional veterans to pursue this
option if they wish.
Significantly, H.R. 7939, as amended, includes H.R. 3304, the CARS
for Vets Act, which I was honored to introduce with Congresswoman
Fletcher. Currently, disabled veterans are only allowed a single grant
to modify a vehicle to provide them mobility. That means there are cars
that are 30 or even 40 years old on the road because the veteran has no
other option.
The CARS for Vets Act finally expands the eligibility for disabled
veterans to obtain vehicles modified for their disabilities more than
once.
Madam Speaker, I urge my colleagues to support this legislation, and
I reserve the balance of my time.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 7939, as amended, the
Veterans Auto and Education Improvement Act of 2022. I am supportive of
the entire package, but I am especially pleased that five Republican
proposals have been included.
This bill includes Congressman Joyce's language that would extend
[[Page H9967]]
full post-9/11 GI Bill benefits to servicemembers who have been
discharged under DOD's sole survivor rules. This issue directly
impacted Congressman Joyce's constituents, the Weninger family. Their
son, Marine Sergeant Weninger, tragically passed away in 2020. I am
happy to honor Sergeant Weninger for his service and provide this
education benefit to his brother.
I thank his family, Congressman Joyce, and the Tragedy Assistance
Program for Survivors for bringing this important issue to our
attention.
This package also includes the text of Congressman Moore's bill that
would improve the way schools are approved for the GI Bill. Recently,
there has been a rise in schools abusing this benefit. This proposal
would help prevent GI Bill fraud and protect taxpayers' investments in
the benefits. This bill would make it much harder for a bad school to
be approved for GI Bill benefits before they can potentially harm
veterans.
I thank the VA Office of Inspector General for their hard work to
protect veterans and for helping us draft this text.
Another proposal in this bill would amend the Servicemembers Civil
Relief Act to make it easier for military spouses to transfer
employment licenses across State lines. This bipartisan proposal would
allow spouses to transfer their State-based medical and professional
licenses when they move due to their spouse's military orders.
This is an important change, introduced by Congressman Mike Garcia,
that would help reduce unemployment among military spouses.
This bill includes the text of H.R. 4702, originally introduced by
Congressman Cawthorn, that would help clarify which State a military
spouse can file taxes in when their family is deployed to a new State.
Finally, I am happy to see that H.R. 3304, the AUTO for Veterans Act,
is included in the bill today. This addition would help disabled
veterans purchase and adapt a vehicle 10 years after the purchase of
their first vehicle.
This proposal is very similar to H.R. 1361, the bill sponsored by
Congressman Meuser, who has been working on improving the adaptive auto
purchasing process for several Congresses.
I thank the PVA and the DAV for their continued advocacy for this
proposal.
Madam Speaker, I urge all of my colleagues to support H.R. 7939, and
I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I want to give my gratitude to the
gentleman from Montana for not calling for a roll call vote on the bill
to honor Colonel Rasmuson. I think the heart of the Freedom Caucus has
grown three times, just like the heart of another character near the
Eve of Christmas.
Madam Speaker, I thank the gentleman and the Freedom Caucus, and I
reserve the balance of my time.
Mr. BOST. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Garcia), who has worked so hard on this and other
pieces of legislation, but this one in particular.
{time} 1700
Mr. GARCIA of California. Madam Speaker, I thank Chairman Takano and
Ranking Member Bost for their support of H.R. 7939, which also contains
the text of one of my bills I have been working on for the last year
called the Military Spouse Licensing Relief Act.
In the midst of one of the most challenging moments for our military
in terms of recruitment and retention, what this bill does is it allows
the spouse of Active-Duty members to effectively cross-deck their
professional licenses if they are a realtor, doctor, nurse, teacher,
beautician, cosmetologist, whatever their profession is, across State
lines when they get orders from one State to the next.
Right now the national unemployment average is roughly 3.7 percent,
but when you look at the spouses of Active-Duty military members, that
number is a staggering 20 percent unemployment rate.
We have roughly 34 percent of the spouses of our Active-Duty members
who are actually licensed professionals who would benefit from this
very important piece of legislation.
This legislation would require that spouses who receive reciprocity
are in good standing with their original licensing jurisdiction and
requires military spouses abide by the new State's rules and
regulations regarding the standards and practices and continuing
education as required by their license.
This bill, above all things, would ensure that we ease the burden of
our Active-Duty military families. This is a win for military families
and a win for our Nation's security, but it is also a win for local
communities that are in desperate need of teachers, nurses, doctors,
and professionals and what they bring to the table. By the way, it is
also a win for the government because it will now enjoy the tax revenue
from those dual-income families. Hopefully, this translates into better
recruitment and better retention for our military.
Madam Speaker, I urge strong support of H.R. 7939 containing the text
of the Military Spouse Licensing Relief Act, and I thank the Veterans'
Affairs Committee for their support on this.
Mr. TAKANO. Madam Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. BOST. Madam Speaker, in closing, I encourage all of my colleagues
to support this bill, and I yield back the balance of my time.
Mr. TAKANO. Madam Speaker, I ask all my colleagues to join me in
passing H.R. 7939, as amended, and I yield back the balance of my time.
Mr. JOYCE of Ohio. Madam Speaker, I include in the Record the
following letter to Chairman Takano regarding H.R. 7939, the Veterans
Auto and Education Improvement Act of 2022.
Congress of the United States,
House of Representatives,
Washington, DC, December 21, 2022.
Chairman Takano, Our nation's servicemembers and veterans
epitomize the spirit of service to one's nation that is
embedded into the soul of our nation. The men and women who
serve in the United States Armed Forces exemplify an
unparalleled degree of bravery, selflessness, and patriotism.
One of those men is the late Sgt. Wolfgang Kyle Weninger,
affectionately known by family and friends as, ``Wolf.'' Sgt.
Weninger served our country honorably in the United States
Marine Corps and was selected to serve in the elite Marine
Forces Special Operations Command. Tragically, Wolf passed
away as the result of an accident that occurred during a
training exercise. In the words of his father, Wolf ``lived
as a Marine and died as one.''
Sgt. Weninger's memory deserves to be honored, which is why
I urge passage of the Student Veterans Emergency Relief Act
of 2022, which includes the language of my legislation, H.R.
7746, the Sgt. Wolf Kyle Weninger Veterans Education Fairness
Act of 2022. As a result of Wolf's death, his brother, who
was also serving in the Armed Forces, sought a sole
survivorship discharge in order to return home to support his
grieving family. The unintended consequence of this discharge
being granted was that, despite having served over two years
serving in the United States Armed Forces, he did not meet
the three-year requirement of continuous service to qualify
for assistance under the Post-9/11 Veterans Educational
Assistance Act.
Veterans like Sgt. Weninger's brother should not be
disadvantaged as a result of unforeseen circumstances that
compel them to leave the service and support their family
amidst a tragedy. Access to educational assistance under the
modern G.I. Bill is of paramount importance for veterans
seeking to make a successful transition into civilian life
and underscores our nation's commitment to support those who
have fought for our freedoms. This discrepancy that exists
under current law, which prevents veterans from accessing
financial assistance through the G.I. Bill solely because
they were forced to seek a sole survivorship discharge, is
fundamentally unfair.
Fortunately, H.R. 7746 fixes this problem. My legislation
provides a simple but important correction to existing law,
amending Title 38 of the United States Code to provide for
the eligibility of educational assistance under the Post-9/11
Educational Assistance Program of certain veterans who
received a sole survivorship discharge. The measure will
ensure that any servicemember who has completed 30 continuous
days of active duty service, and was then forced to leave
their position as a result of seeking a sole survivorship
discharge, remains eligible for the educational assistance
afforded under the G.I. Bill. If passed, it will permanently
rectify the existing flaw in federal law that prevents
honorable veterans who sought a sole survivorship discharge
from receiving educational assistance.
I urge you and all of my colleagues to support this
commonsense legislation, and to uphold Congress' sworn duty
to support the men and women who risk their lives so that
every American may remain free.
Sincerely,
David. P Joyce,
Member of Congress.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 7939.
[[Page H9968]]
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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