[117th Congress Public Law 16]
[From the U.S. Government Publishing Office]
[[Page 279]]
TRAINING IN HIGH-DEMAND ROLES TO IMPROVE VETERAN EMPLOYMENT ACT
[[Page 135 STAT. 280]]
Public Law 117-16
117th Congress
An Act
To amend the American Rescue Plan Act of 2021 to improve the COVID-19
Veteran Rapid Retraining Assistance program, to make certain technical
corrections to the Johnny Isakson and David P. Roe, M.D. Veterans Health
Care and Benefits Improvement Act of 2020, and for other
purposes. <<NOTE: June 8, 2021 - [H.R. 2523]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Training in
High-demand Roles to Improve Veteran Employment Act.>>
SECTION 1 <<NOTE: 38 USC 101 note.>> . SHORT TITLE.
This Act may be cited as the ``Training in High-demand Roles to
Improve Veteran Employment Act'' or the ``THRIVE Act''.
SEC. 2. IMPROVEMENTS TO COVID-19 VETERAN RAPID RETRAINING
ASSISTANCE PROGRAM.
(a) In General.--Section 8006 of the American Rescue Plan Act of
2021 (Public Law 117-2) <<NOTE: Ante, p. 113.>> is amended--
(1) by striking paragraph (3) of subsection (c) and
inserting the following new paragraph (3):
``(3) Determination of high-demand occupations.--
``(A) Initial implementation.--In carrying out this
section, the Secretary shall use the list of high-demand
occupations prepared in conjunction with the Secretary
of Labor.
``(B) Modifications.--The Secretary of Veterans
Affairs may add and remove occupations from the list
under subparagraph (A) as the Secretary determines
appropriate.'';
(2) in subsection (d)(3)--
(A) in the matter preceding subparagraph (A), by
inserting ``(other than such a program pursued solely
through distance learning on a half-time basis or
less)'' after ``a covered program of education under the
retraining assistance program under this section''; and
(B) in subparagraph (C), by striking ``less than a
half-time basis'' and inserting ``a half-time basis or
less'';
(3) by redesignating subsections (f), (g), and (h) as
subsections (k), (l), and (m), respectively;
(4) by inserting after subsection (e) the following new
subsections:
``(f) <<NOTE: Consultation. Deadlines.>> Employee Assistance.--The
Secretary of Veterans Affairs, in consultation with the Secretary of
Labor, shall contact each veteran who pursues a covered program of
education under this section--
``(1) <<NOTE: Notification.>> not later than 30 days after
the date on which the veteran begins the program of education to
notify the veteran
[[Page 131 STAT. 281]]
of the availability of employment placement services upon
completion of the program; and
``(2) not later than 14 days after the date on which the
veteran completes, or terminates participation in, such program
to facilitate the provision of employment placement services to
such veteran.
``(g) Nonprofit Organization.--
``(1) <<NOTE: Memorandum.>> In general.--The Secretary of
Veterans Affairs shall seek to enter into a memorandum of
understanding with one or more qualified nonprofit organizations
for the purpose of facilitating the employment of veterans who
participate in the retraining assistance program under this
section.
``(2) Qualified nonprofit organization.--For purposes of
this subsection, a qualified nonprofit organization is a
nonprofit organization that--
``(A) is an association of businesses; and
``(B) has at least two years of experience providing
job placement services for veterans.
``(h) <<NOTE: Coordination. Time periods.>> Follow up Outreach.--
The Secretary of Veterans Affairs, in coordination with the Secretary of
Labor, shall contact each veteran who completes a covered program of
education under the retraining assistance program under this section 30,
60, 90, and 180 days after the veteran completes such program of
education to ask the veteran about the experience of the veteran in the
retraining assistance program and the veteran's employment status.
``(i) Quarterly Reports.--Not later than the date that is one year
after the date of the enactment of this Act, and quarterly thereafter,
the Secretary of Labor shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report containing
the following information about veterans who participate in the
retraining assistance program under this section:
``(1) The percentage of such veterans who found employment
before the end of the second calendar quarter after exiting the
program.
``(2) The percentage of such veterans who found employment
before the end of the fourth calendar quarter after exiting the
program.
``(3) The median earnings of all such veterans for the
second quarter after exiting the program.
``(4) <<NOTE: Time period.>> The percentage of such
veterans who attain a recognized postsecondary credential during
the 12-month period after exiting the program.
``(j) Comptroller General Report.--Not later than 180 days after the
termination of the retraining assistance program under subsection (l),
the Comptroller General shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
outcomes and effectiveness of the program.'';
(5) <<NOTE: Effective date.>> in subsection (l), as so
redesignated, by striking ``No retraining assistance may be paid
under this section after the date that is 21 months after the
date of the enactment of this Act'' and inserting ``No
retraining assistance may be paid under this section for a
covered program of education that begins on or after December
11, 2022'';
(6) in subsection (m), as so redesignated, by striking the
period at the end and inserting the following: ``, which shall
be carried out as if such section were authorized for the
payment of readjustment and rehabilitation benefits to or on
behalf
[[Page 131 STAT. 282]]
of veterans under chapters 30, 31, and 41 of title 38, United
States Code. Not more than $386,000,000 may be obligated or
expended to carry out this section.''; and
(7) by adding at the end the following new subsection:
``(n) Definitions.--In this section:
``(1) The term `covered public health emergency' means the
declaration--
``(A) of a public health emergency, based on an
outbreak of COVID-19 by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
``(B) of a domestic emergency, based on an outbreak
of COVID-19 by the President, the Secretary of Homeland
Security, or State, or local authority.
``(2) The term `veteran' means--
``(A) a person who served in the active military,
naval, or air service, and who was discharged or
released therefrom under conditions other than
dishonorable; or
``(B) a member of a reserve component of the Armed
Forces who performs active service for a period of 30
days or longer by reason of the covered public health
emergency.
``(3) The term `active service' has the meaning given such
term in section 101 of title 10, United States Code.''.
(b) <<NOTE: 38 USC 3001 note prec.>> Effective Date.--The
amendments made by subsection (a) shall apply as if included in the
enactment of the American Rescue Plan Act of 2021 (Public Law 117-2).
SEC. 3. INFORMATION PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS
ABOUT POSTSECONDARY EDUCATIONAL INSTITUTIONS.
(a) Additional Information To Be Provided.--Subsection (c) of
section 3698 of title 38, United States Code, is amended--
(1) in paragraph (1)(C)--
(A) in clause (xi), by striking ``and'' at the end;
(B) in clause (xii), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(xiii) whether the institution is listed on the
College Navigator website as affiliated with a religion
and, if so, which religious denomination;
``(xiv) <<NOTE: Determination.>> whether the
Secretary of Education or other head of a department or
agency of the Federal Government has determined that the
institution is a minority serving institution and, if
so, which one or more types of minority serving
institutions; and
``(xv) whether the institution is gender
specific.''; and
(2) in paragraph (2), by adding at the end the following new
sentence: ``To the extent practicable, the Secretary shall
ensure that such information is provided in a searchable
format.''.
(b) Definition.--Subsection (f) of such section is amended by adding
at the end the following new paragraphs:
``(3) The term `College Navigator website' has the meaning
given that term in section 132 of the Higher Education Act (20
U.S.C. 1015a).
``(4) The term `minority serving institution' means any of
the following:
[[Page 131 STAT. 283]]
``(A) A part B institution, as such term is defined
in section 322(2) of the Higher Education Act (20 U.S.C.
1061(2)).
``(B) A Hispanic-serving institution, as such term
is defined in section 502(a)(5) of such Act (20 U.S.C.
1101a(5)).
``(C) A Tribal College or University, as such term
is defined in section 316(b)(3) of such Act (20 U.S.C.
1059c(b)(3)).
``(D) A predominantly Black institution, as such
term is defined in section 318(b)(6) of such Act (20
U.S.C. 1059e(b)(6)).
``(E) A Native American-serving, nontribal
institution, as such term is defined in section
319(b)(2) of such Act (20 U.S.C. 1059f(b)(6)).
``(F) An Alaska Native-serving institution or Native
Hawaiian-serving institution, as such terms are defined
in section 317(b) of such Act (20 U.S.C. 1059d(b)).
``(G) An Asian American and Native American Pacific
Islander-serving institution, as such term is defined in
section 320(b) of such Act (20 U.S.C. 1059g(b)).''.
(c) <<NOTE: Effective date. 38 USC 3698 note.>> Application.--The
amendments made by this section shall apply with respect to the
information provided under section 3698 of title 38, United States Code,
beginning on the date that is two years after the date of the enactment
of this Act.
SEC. 4. DELAY OF EFFECTIVE DATE FOR LIMITATION ON COLOCATION AND
ADMINISTRATION OF STATE APPROVING AGENCIES.
Section 1024 of the Johnny Isakson and David P. Roe, M.D. Veterans
Health Care and Benefits Improvement Act of 2020 (Public Law 116-
315) <<NOTE: 38 USC 3671 and note.>> is amended to read as follows:
``SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF STATE
APPROVING AGENCIES.
``(a) In General.--Section 3671 of title 38, United States Code, is
amended by adding at the end the following new subsection:
`` `(c) The Secretary may not recognize a State department or agency
as the State approving agency for a State for purposes of this chapter
if such department or agency is administered at, or colocated with, a
university or university system that offers courses or programs of
education that are subject to approval under this chapter by the State
approving agency for that State.'.
``(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the enactment
of this Act.''.
SEC. 5. CLARIFICATION OF APPLICABILITY OF TREATMENT OF CERTAIN
FOR-PROFIT EDUCATIONAL INSTITUTIONS.
(a) Clarification.--Section 1022(c) of the Johnny Isakson and David
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315) <<NOTE: 38 USC 3699B note.>> is amended by
inserting ``, or the conversion of a for-profit educational institution
to a public educational institution,'' after ``nonprofit educational
institution''.
(b) <<NOTE: 38 USC 3699B note.>> Effective Date.--The amendment
made by subsection (a) shall apply as if included in the enactment of
the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and
Benefits Improvement Act of 2020 (Public Law 116-315).
[[Page 131 STAT. 284]]
SEC. 6. CLARIFICATIONS REGARDING REQUIREMENTS FOR EDUCATIONAL
INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL
ASSISTANCE PROGRAMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
Subsection (f) of section 3679 of title 38, United States Code, as
added by section 1018 of the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020 (Public Law
116-315) <<NOTE: 134 Stat. 4946.>> , is amended--
(1) in paragraph (1)(E), by inserting ``, to the maximum
extent practicable,'' after ``including'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``, or any person with whom the institution
has an agreement to provide educational programs,
marketing, advertising, recruiting or admissions
services,'' after ``educational institution'';
(B) in paragraph (A)(ii), by striking ``1-month''
and inserting ``one-month''; and
(C) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) Provides a commission, bonus, or other incentive
payment based directly or indirectly on success in securing
enrollments or financial aid to any persons or entities engaged
in any student recruiting or admission activities or in making
decisions regarding the award of student financial
assistance.'';
(3) in paragraph (4)(A), by striking clause (ii) and
inserting the following new clauses:
``(ii) Suspending the approval of the courses and programs
of education offered by the educational institution by
disapproving new enrollments of eligible veterans and eligible
persons in each course or program of education offered by that
educational institution.
``(iii) Revoking the approval of the courses and programs of
education offered by the educational institution by disapproving
all enrollments of eligible veterans and eligible persons in
each course or program of education offered by that educational
institution''; and
(4) in paragraph (5)(A), by striking ``1-academic-year
period'' and inserting ``one-academic-year period''.
SEC. 7. TECHNICAL CORRECTIONS.
(a) Title 38.--Title 38, United States Code, is amended as follows:
(1) <<NOTE: 38 USC 1101 prec.>> The second section 1164, as
added by section 5501 the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315), is redesignated as section 1166 and
transferred so as to appear after section 1165 (and the table of
sections at the beginning of chapter 11 of such title is
conformed accordingly).
(2) Subsection (l) of section 3313, as added by section 1010
of such Act (as effective on August 1, 2021) <<NOTE: 38 USC
3313.>> , is amended to read as follows:
``(l) Verification of Enrollment.--
``(1) <<NOTE: Requirements.>> In general.--The Secretary
shall require--
``(A) <<NOTE: Deadlines.>> each educational
institution to submit to the Secretary verification of
each individual who is enrolled in
[[Page 131 STAT. 285]]
a course or program of education at the educational
institution and is receiving educational assistance
under this chapter--
``(i) not later than such time as the
Secretary determines reasonable after the date on
which the individual is enrolled; and
``(ii) not later than such time as the
Secretary determines reasonable after the last
date on which a student is able to withdraw from
the course or program of education without
penalty; and
``(B) each individual who is enrolled in a course or
program of education and is receiving educational
assistance under this chapter to submit to the Secretary
verification of such enrollment for each month during
which the individual is so enrolled and receiving such
educational assistance.
``(2) Form of verification.--Verification under this
subsection shall be in an electronic form prescribed by the
Secretary.
``(3) <<NOTE: Time period.>> Failure to submit
verification.--If an individual fails to submit the verification
required under paragraph (1)(B) for two consecutive months, the
Secretary may not make a monthly housing stipend payment to the
individual under this section until the individual submits such
verification.''.
(3) <<NOTE: 38 USC 3673A.>> Section 3673A, as added by
section 1013 of such Act, is amended--
(A) in subsection (a), by striking ``searchable'';
and
(B) in subsection (c), by inserting ``searchable''
before ``database''.
(4) The subsection (f) of section 3679, as added by section
1017 of such Act, <<NOTE: 38 USC 3679.>> is redesignated as
paragraph (3) of subsection (a) of such section 3679 and is
transferred so as to appear after paragraph (2) of such
subsection.
(5) Section 3696(g)(4)(A)(iii)(III), as amended by section
1020 of such Act, <<NOTE: 38 USC 3696.>> is amended by striking
``paragraph (3)(B) of this subsection'' and inserting
``paragraph (3)''.
(b) Johnny Isakson and David P. Roe, M.D. Veterans Health Care and
Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe,
M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public
Law 116-315) is amended as follows:
(1) In section 1013(a)(1), by inserting ``of title 38''
after ``of chapter 36''.
(2) In section 2205(c)-- <<NOTE: 38 USC 2408 note.>>
(A) in the heading, by striking ``Effective Date''
and inserting ``Applicability''; and
(B) by striking ``the date that is two years after
the date of the enactment of this Act'' and inserting
``the date of the enactment of this Act and shall apply
with respect to grants applications submitted on or
after the date that is two years after the date of the
enactment of this Act.''.
(3) In section 4101(b), <<NOTE: 38 USC 1101 prec.>> by
striking ``subchapter'' and inserting ``chapter''.
(4) In section 5501--
(A) in subsection (a)(1), <<NOTE: 38 USC 1166.>> by
striking ``of such title'' and inserting ``of title 38,
United States Code''; and
[[Page 131 STAT. 286]]
(B) in subsection (b), by striking ``section 1164''
each place it appears and inserting ``section 1166''.
SEC. 8. 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.
Approved June 8, 2021.
LEGISLATIVE HISTORY--H.R. 2523:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Apr. 20, considered and passed House.
May 28, considered and passed Senate.
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