[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2845-S2846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 709. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY 
                   PROGRAM.

       (a) High Technology Program.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3699C. High technology program

       ``(a) Establishment.--(1) The Secretary shall carry out a 
     program under which the Secretary provides covered 
     individuals with the opportunity to enroll in high technology 
     programs of education that the Secretary determines provide 
     training or skills sought by employers in a relevant field or 
     industry.
       ``(2) Not more than 6,000 covered individuals may 
     participate in the program under this section in any fiscal 
     year.
       ``(b) Amount of Assistance.--(1) The Secretary shall 
     provide, to each covered individual who pursues a high 
     technology program of education under this section, 
     educational assistance in amounts equal to the amounts 
     provided under section 3313(c)(1) of this title, including 
     with respect to the housing stipend described in that section 
     and in accordance with the treatment of programs that are 
     distance learning and programs that are less than half-time.
       ``(2) Under paragraph (1), the Secretary shall provide such 
     amounts of educational assistance to a covered individual for 
     each of the following:
       ``(A) A high technology program of education.
       ``(B) A second such program if--
       ``(i) the second such program begins at least 18 months 
     after the covered individual graduates from the first such 
     program; and
       ``(ii) the covered individual uses educational assistance 
     under chapter 33 of this title to pursue the second such 
     program.
       ``(c) Contracts.--(1) For purposes of carrying out 
     subsection (a), the Secretary shall seek to enter into 
     contracts with any number of qualified providers of high 
     technology programs of education for the provision of such 
     programs to covered individuals. Each such contract shall 
     provide for the conditions under which the Secretary may 
     terminate the contract with the provider and the procedures 
     for providing for the graduation of students who were 
     enrolled in a program provided by such provider in the case 
     of such a termination.
       ``(2) A contract under this subsection shall provide that 
     the Secretary shall pay to a provider--
       ``(A) upon the enrollment of a covered individual in the 
     program, 25 percent of the cost of the tuition and other fees 
     for the program of education for the individual;
       ``(B) upon graduation of the individual from the program, 
     25 percent of such cost; and
       ``(C) 50 percent of such cost upon--
       ``(i) the successful employment of the covered individual 
     for a period--
       ``(I) of 180 days in the field of study of the program; and
       ``(II) that begins not later than 180 days following 
     graduation of the covered individual from the program;
       ``(ii) the employment of the individual by the provider for 
     a period of one year; or
       ``(iii) the enrollment of the individual in a program of 
     education to continue education in such field of study.
       ``(3) For purposes of this section, a provider of a high 
     technology program of education is qualified if--
       ``(A) the provider employs instructors whom the Secretary 
     determines are experts in their respective fields in 
     accordance with paragraph (5);
       ``(B) the provider has successfully provided the high 
     technology program for at least one year;
       ``(C) the provider does not charge tuition and fees to a 
     covered individual who receives assistance under this section 
     to pursue such program that are higher than the tuition and 
     fees charged by such provider to another individual; and
       ``(D) the provider meets the approval criteria developed by 
     the Secretary under paragraph (4).
       ``(4)(A) The Secretary shall prescribe criteria for 
     approving providers of a high technology program of education 
     under this section.
       ``(B) In developing such criteria, the Secretary may 
     consult with State approving agencies.
       ``(C) Such criteria are not required to meet the 
     requirements of section 3672 of this title.
       ``(D) Such criteria shall include the job placement rate, 
     in the field of study of a program of education, of covered 
     individuals who complete such program of education.
       ``(5) The Secretary shall determine whether instructors are 
     experts under paragraph (3)(A) based on evidence furnished to 
     the Secretary by the provider regarding the ability of the 
     instructors to--
       ``(A) identify professions in need of new employees to 
     hire, tailor the programs to meet market needs, and identify 
     the employers likely to hire graduates;
       ``(B) effectively teach the skills offered to covered 
     individuals;
       ``(C) provide relevant industry experience in the fields of 
     programs offered to incoming covered individuals; and
       ``(D) demonstrate relevant industry experience in such 
     fields of programs.
       ``(6) In entering into contracts under this subsection, the 
     Secretary shall give preference to a provider of a high 
     technology program of education--
       ``(A) from which at least 70 percent of graduates find 
     full-time employment in the field of study of the program 
     during the 180-day period beginning on the date the student 
     graduates from the program; or
       ``(B) that offers tuition reimbursement for any student who 
     graduates from such a program and does not find employment 
     described in subparagraph (A).
       ``(d) Effect on Other Entitlement.--(1) If a covered 
     individual enrolled in a high technology program of education 
     under this section has remaining entitlement to educational 
     assistance under chapter 30, 32, 33, 34, or 35 of this title, 
     entitlement of the individual to educational assistance under 
     this section shall be charged at the rate of one month of 
     such remaining entitlement for each such month of educational 
     assistance under this section.
       ``(2) The Secretary may not consider enrollment in a high 
     technology program of education under this section to be 
     assistance under a provision of law referred to in section 
     3695 of this title.
       ``(e) Requirements for Educational Institutions.--(1) The 
     Secretary shall not approve the enrollment of any covered 
     individual, not already enrolled, in any high technology 
     programs of education under this section for any period 
     during which the Secretary finds that more than 85 percent of 
     the students enrolled in the program are having all or part 
     of their tuition, fees, or other charges paid to or for them 
     by the educational institution or by the Department of 
     Veterans Affairs under this title or under chapter 1606 or 
     1607 of title 10, except with respect to tuition, fees, or 
     other charges that are paid under a payment plan at an 
     educational institution that the Secretary determines has a 
     history of offering payment plans that are completed not 
     later than 180 days after the end of the applicable term, 
     quarter, or semester.
       ``(2) The Secretary may waive a requirement of paragraph 
     (1) if the Secretary determines, pursuant to regulations 
     which the Secretary shall prescribe, such waiver to be in the 
     interest of the covered individual and the Federal 
     Government. Not later than 30 days after the Secretary waives 
     such a requirement, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report regarding such waiver.
       ``(3)(A)(i) The Secretary shall establish and maintain a 
     process by which an educational institution may request a 
     review of a determination that the educational institution 
     does not meet the requirements of paragraph (1).
       ``(ii) The Secretary may consult with a State approving 
     agency regarding such process or such a review.
       ``(iii) Not later than 180 days after the Secretary 
     establishes or revises a process under this subparagraph, the 
     Secretary shall submit to the Committee on Veterans' Affairs 
     of the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report regarding such process.
       ``(B) An educational institution that requests a review 
     under subparagraph (A)--
       ``(i) shall request the review not later than 30 days after 
     the start of the term, quarter, or semester for which the 
     determination described in subparagraph (A) applies; and
       ``(ii) may include any information that the educational 
     institution believes the Department should have taken into 
     account when making the determination, including with respect 
     to any mitigating circumstances.
       ``(f) Annual Reports.--Not later than one year after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2024, and annually thereafter until

[[Page S2846]]

     the termination date specified in subsection (i), the 
     Secretary shall submit to the Committee on Veterans' Affairs 
     of the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report on the operation of program 
     under this section during the year covered by the report. 
     Each such report shall include each of the following:
       ``(1) The number of covered individuals enrolled in the 
     program, disaggregated by type of educational institution, 
     during the year covered by the report.
       ``(2) The number of covered individuals who completed a 
     high technology program of education under the program during 
     the year covered by the report.
       ``(3) The average employment rate of covered individuals 
     who completed such a program of education during such year, 
     as of 180 days after the date of completion.
       ``(4) The average length of time between the completion of 
     such a program of education and employment.
       ``(5) The total number of covered individuals who completed 
     a program of education under the program and who, as of the 
     date of the submission of the report, are employed in a 
     position related to technology.
       ``(6) The average salary of a covered individual who 
     completed a program of education under the program and who is 
     employed in a position related to technology, in various 
     geographic areas determined by the Secretary.
       ``(7) The average salary of all individuals employed in 
     positions related to technology in the geographic areas 
     determined under subparagraph (F), and the difference, if 
     any, between such average salary and the average salary of a 
     covered individual who completed a program of education under 
     the program and who is employed in a position related to 
     technology.
       ``(8) The number of covered individuals who completed a 
     program of education under the program and who subsequently 
     enrolled in a second program of education under the program.
       ``(g) Collection of Information; Consultation.--(1) The 
     Secretary shall develop practices to use to collect 
     information about covered individuals and providers of high 
     technology programs of education.
       ``(2) For the purpose of carrying out program under this 
     section, the Secretary may consult with providers of high 
     technology programs of education and may establish an 
     advisory group made up of representatives of such providers, 
     private employers in the technology field, and other relevant 
     groups or entities, as the Secretary determines necessary.
       ``(h) Definitions.--In this section:
       ``(1) The term `covered individual' means any of the 
     following:
       ``(A) A veteran whom the Secretary determines--
       ``(i) served an aggregate of at least 36 months on active 
     duty in the Armed Forces (including service on active duty in 
     entry level and skill training) and was discharged or 
     released therefrom under conditions other than dishonorable; 
     and
       ``(ii) has not attained the age of 62.
       ``(B) A member of the Armed Forces that the Secretary 
     determines will become a veteran described in subparagraph 
     (A) fewer than 180 days after the date of such determination.
       ``(2) The term `high technology program of education' means 
     a program of education--
       ``(A) offered by a public or private educational 
     institution;
       ``(B) if offered by an institution of higher learning, that 
     is provided directly by such institution rather than by an 
     entity other than such institution under a contract or other 
     agreement;
       ``(C) that does not lead to a degree;
       ``(D) that has a term of not less than six and not more 
     than 28 weeks; and
       ``(E) that provides instruction in computer programming, 
     computer software, media application, data processing, or 
     information sciences.
       ``(i) Termination.--The authority to carry out a program 
     under this section shall terminate on September 30, 2028.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3699B the following new item:

``3699C. High technology program.''.
       (b) Effect on High Technology Pilot Program.--Section 116 
     of the Harry W. Colmery Veterans Educational Assistance Act 
     of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended--
       (1) in subsection (g), by striking paragraph (6); and
       (2) by striking subsection (h) and inserting the following 
     new subsection (h):
       ``(h) Termination.--The authority to carry out a pilot 
     program under this section shall terminate September 30, 
     2023.''.
       (c) Approval of Certain High Technology Programs.--Section 
     3680A of title 38, United States Code, is amended--
       (1) in subsection (a), by striking paragraph (4) and 
     inserting the following:
       ``(4) Any independent study program except--
       ``(A) an independent study program (including such a 
     program taken over open circuit television) that--
       ``(i) is accredited by an accrediting agency or association 
     recognized by the Secretary of Education under subpart 2 of 
     part H of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1099b);
       ``(ii) leads to--

       ``(I) a standard college degree;
       ``(II) a certificate that reflects educational attainment 
     offered by an institution of higher learning; or
       ``(III) a certificate that reflects graduation from a 
     course of study offered by--

       ``(aa) an area career and technical education school (as 
     defined in subparagraphs (C) and (D) of section 3(3) of the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (20 U.S.C. 2302(3))) that provides education at the 
     postsecondary level; or
       ``(bb) a postsecondary vocational institution (as defined 
     in section 102(c) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(c))) that provides education at the postsecondary 
     level; and
       ``(iii) in the case of a program described in clause 
     (ii)(III)--

       ``(I) provides training aligned with the requirements of 
     employers in the State or local area where the program is 
     located, which may include in-demand industry sectors or 
     occupations;
       ``(II) provides a student, upon graduation from the 
     program, with a recognized postsecondary credential that is 
     recognized by employers in the relevant industry, which may 
     include a credential recognized by industry or sector 
     partnerships in the State or local area where the industry is 
     located; and
       ``(III) meets such content and instructional standards as 
     may be required to comply with the criteria under section 
     3676(c)(14) and (15) of this title; or

       ``(B) an online high technology program of education (as 
     defined in subsection (h) of section 3699C of this title)--
       ``(i) the provider of which has entered into a contract 
     with the Secretary under subsection (c) of such section;
       ``(ii) that has been provided to covered individuals (as 
     defined in subsection (h) of such section) under such 
     contract for a period of at least five years;
       ``(iii) regarding which the Secretary has determined that 
     the average employment rate of covered individuals who 
     graduated from such program of education is 65 percent or 
     higher for the year preceding such determination; and
       ``(iv) that satisfies the requirements of subsection (e) of 
     such section.''; and
       (2) in subsection (d), by adding at the end the following:
       ``(8) Paragraph (1) shall not apply to the enrollment of a 
     veteran in an online high technology program described in 
     subsection (a)(4)(B).''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (c) shall take effect on October 1, 2023.
       (e) Recission of Certain Amounts Appropriated by American 
     Rescue Plan Act of 2021.--Of the amounts appropriated by 
     section 8002 of the American Rescue Plan Act of 2021 (Public 
     Law 117-2) that remain unobligated on the date of the 
     enactment of this Act, $700,000,000 is rescinded.
                                 ______