[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4422-S4424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2190. Mr. KING (for himself and Mr. Cramer) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 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. ___. 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.
``(3) No covered individual may receive a housing stipend
under this subsection for any month if such individual is in
receipt of a housing stipend under chapter 33 of this title
for that month.
``(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.
[[Page S4423]]
``(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) If a covered individual enrolled in a high technology
program of education under this section does not have
remaining entitlement to educational assistance under chapter
30, 32, 33, 34, or 35 of this title, any educational
assistance provided to such individual under this section
shall be provided in addition to the entitlement that the
individual has used.
``(3) 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.
``(4)(A) An application for enrollment in a high technology
program of education under this section shall include notice
of the requirements relating to use of entitlement under
paragraphs (1) and (2), including--
``(i) in the case of the enrollment of an individual
referred to under paragraph (1), the amount of entitlement
that is typically charged for such enrollment;
``(ii) an identification of any methods that may be
available for minimizing the amount of entitlement required
for such enrollment; and
``(iii) an element requiring applicants to acknowledge
receipt of the notice under this subparagraph.
``(B) If the Secretary approves the enrollment of a covered
individual in a high technology program of education under
this section, the Secretary shall deliver electronically to
the individual an award letter that provides notice of such
approval and includes specific information describing how
paragraphs (1) and (2) will be applied to the individual if
the individual chooses to enroll in the program.
``(e) Requirements for Educational Institutions.--(1) The
Secretary shall not approve the enrollment of any covered
individual, not already enrolled, in any high technology
programs of education under this section for any period
during which the Secretary finds that more than 85 percent of
the students enrolled in the program are having all or part
of their tuition, fees, or other charges paid to or for them
by the educational institution or by the Department of
Veterans Affairs under this title or under chapter 1606 or
1607 of title 10, except with respect to tuition, fees, or
other charges that are paid under a payment plan at an
educational institution that the Secretary determines has a
history of offering payment plans that are completed not
later than 180 days after the end of the applicable term,
quarter, or semester.
``(2) The Secretary may waive a requirement of paragraph
(1) if the Secretary determines, pursuant to regulations
which the Secretary shall prescribe, such waiver to be in the
interest of the covered individual and the Federal
Government. Not later than 30 days after the Secretary waives
such a requirement, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report regarding such waiver.
``(3)(A)(i) The Secretary shall establish and maintain a
process by which an educational institution may request a
review of a determination that the educational institution
does not meet the requirements of paragraph (1).
``(ii) The Secretary may consult with a State approving
agency regarding such process or such a review.
``(iii) Not later than 180 days after the Secretary
establishes or revises a process under this subparagraph, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report regarding
such process.
``(B) An educational institution that requests a review
under subparagraph (A)--
``(i) shall request the review not later than 30 days after
the start of the term, quarter, or semester for which the
determination described in subparagraph (A) applies; and
``(ii) may include any information that the educational
institution believes the Department should have taken into
account when making the determination, including with respect
to any mitigating circumstances.
``(f) Annual Reports.--Not later than one year after the
date of the enactment of this section, and annually
thereafter until the termination date specified in subsection
(i), the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the operation of
programs 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, 2030.''.
(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) by amending subsection (d) to read as follows:
``(d) Housing Stipend.--
``(1) In general.--Except as provided under paragraph (2),
the Secretary shall pay to each eligible veteran (not
including an individual described in the second sentence of
subsection (b)) who is enrolled in a high technology program
of education under the pilot program on a full-time or part-
time basis a monthly housing stipend equal to the product--
[[Page S4424]]
``(A) of--
``(i) in the case of a veteran pursuing resident training,
the monthly amount of the basic allowance for housing payable
under section 403 of title 37, United States Code, for a
member with dependents in pay grade E-5 residing in the
military housing area that encompasses all or the majority
portion of the ZIP code area in which is located the campus
of the institution where the individual physically
participates in a majority of classes; or
``(ii) in the case of a veteran pursuing a program of
education through distance learning, a monthly amount equal
to 50 percent of the national average of the monthly amount
of the basic allowance for housing payable under section 403
of title 37, United States Code, for a member with dependents
in pay grade E-5, multiplied by
``(B) the lesser of--
``(i) 1.0; or
``(ii) the number of course hours borne by the individual
in pursuit of the program of education involved, divided by
the minimum number of course hours required for full-time
pursuit of such program of education, rounded to the nearest
multiple of 10.
``(2) Bar to dual eligibility.--No covered individual may
receive a housing stipend under this subsection for any month
if such individual is in receipt of a housing stipend under
chapter 33 of title 38, United States Code, for that
month.'';
(2) in subsection (g), by striking paragraph (6); and
(3) by striking subsection (h) and inserting the following
new subsection (h):
``(h) Termination.--The authority to carry out a pilot
program under this section shall terminate on September 30,
2024.''.
(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 sections
3676(c)(14) and (15) of this title; or
``(B) an online high technology program of education (as
defined in subsection (h)(2) of section 3699C of this
title)--
``(i) the provider of which has entered into a contract
with the Secretary under subsection (c) of such section;
``(ii) that has been provided to covered individuals (as
defined in subsection (h)(1) of such section) under such
contract for a period of at least five years;
``(iii) regarding which the Secretary has determined that
the average employment rate of covered individuals who
graduated from such program of education is 65 percent or
higher for the year preceding such determination; and
``(iv) that satisfies the requirements of subsection (e) of
such section.''; and
(2) in subsection (d), by adding at the end the following:
``(8) Paragraph (1) shall not apply to the enrollment of a
veteran in an online high technology program described in
subsection (a)(4)(B).''.
(d) Effective Date.--The amendments made by subsections (a)
and (c) shall take effect on the date of the enactment of
this Act.
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