US Codex
Bill
Notes

H.R. 7105 — what changed

Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

From Introduced in House to Engrossed in House. 1 section amended, 17 added, and 2 removed between Introduced in House and Engrossed in House.

Section 1 Short title; table of contents

(a)
added Short title— This Act may be cited as the “Dependable Employment and Living Improvements for Veterans Economic Recovery Act” or the “DELIVER Act”.
(b)
added Table of contents— The table of contents for this Act is as follows:

removed This Act may be cited as the “Homeless Veterans Coronavirus Response Act of 2020”.

Sec. 2 Flexibility for the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency

removed
(a)
removed General support—
(1)
removed Use of funds— During a covered public health emergency, the Secretary of Veterans Affairs may use amounts appropriated or otherwise made available to the Department of Veterans Affairs to carry out sections 2011, 2012, 2031, and 2061 of title 38, United States Code, to provide to homeless veterans and veterans participating in the program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as “HUD–VASH”), as the Secretary determines is needed, the following:
(A)
removed Assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items).
(B)
removed Transportation required to support stability and health (such as for appointments with service providers, conducting housing searches, and obtaining food and supplies).
(C)
removed Communications equipment and services (such as tablets, smartphones, disposable phones, and related service plans) required to support stability and health (such as maintaining contact with service providers, prospective landlords, and family).
(D)
removed Such other assistance as the Secretary determines is needed.
(2)
removed Homeless veterans on land of the Department—
(A)
removed Collaboration— During a covered public health emergency, to the extent possible, the Secretary may collaborate with one or more organizations to manage use of land of the Department for homeless veterans for living and sleeping.
(B)
removed Elements— Collaboration under subparagraph (A) may include the provision by either the Secretary or the organization of food services and security for property, buildings, and other facilities owned or controlled by the Department.
(b)
removed Grant and Per Diem Program—
(1)
removed Limits on rates for per diem payments— Section 20013(b) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended—
(A)
removed by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(B)
removed in the matter preceding subparagraph (A), as so redesignated, by inserting “(1)” before “In the case”; and
(C)
removed by adding at the end the following:

removed “(2) If the Secretary waives any limit on grant amounts or rates for per diem payments under paragraph (1), notwithstanding section 2012(a)(2)(B) of such title, the maximum rate for per diem payments described in paragraph (1)(B) shall be three times the rate authorized for State homes for domiciliary care under section 1741 of such title.”

(2)
removed Use of per diem payments— During a covered public health emergency, a recipient of a grant or an eligible entity under the grant and per diem program of the Department (in this subsection referred to as the “program”) may use per diem payments under sections 2012 and 2061 of title 38, United States Code, to provide assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items) for—
(A)
removed homeless veterans; and
(B)
removed formerly homeless veterans residing in a facility operated wholly or in part by such a recipient or eligible entity receiving per diem payments under section 2012 of such title.
(3)
removed Additional transitional housing—
(A)
removed In general— During a covered public health emergency, under the program, the Secretary may provide amounts for additional transitional housing beds to facilitate access to housing and services provided to homeless veterans.
(B)
removed Notice; competition; period of performance— The Secretary may provide amounts under subparagraph (A)—
(i)
removed without notice or competition; and
(ii)
removed for a period of performance determined by the Secretary.
(4)
removed Inspections and Life Safety Code requirements—
(A)
removed In general— During a covered public health emergency, the Secretary may waive any requirement under subsection (b) or (c) of section 2012 of title 38, United States Code, in order to allow the recipient of a grant or an eligible entity under the program—
(i)
removed to quickly identify temporary alternate sites of care for homeless veterans that are suitable for habitation;
(ii)
removed to facilitate social distancing or isolation needs; or
(iii)
removed to facilitate activation or continuation of a program for which a grant has been awarded.
(B)
removed Limitation— The Secretary may waive a requirement pursuant to the authority provided by subparagraph (A) with respect to a facility of a recipient of a grant or an eligible entity under the program only if the facility meets applicable local safety requirements, including fire safety requirements.
(c)
removed Inspection and Life Safety Code requirements for therapeutic housing—
(1)
removed In general— During a covered public health emergency, the Secretary may waive any inspection or life safety code requirement under subsection (c) of section 2032 of title 38, United States Code—
(A)
removed to allow quick identification of temporary alternate sites of care for homeless veterans that are suitable for habitation;
(B)
removed to facilitate social distancing or isolation needs; or
(C)
removed to facilitate the operation of housing under such section.
(2)
removed Limitation— The Secretary may waive a requirement pursuant to the authority provided by paragraph (1) with respect to a residence or facility referred to in such section 2032 only if the residence or facility, as the case may be, meets applicable local safety requirements, including fire safety requirements.
(d)
removed Access to Department of Veterans Affairs telehealth services— To the extent practicable, during a covered public health emergency, the Secretary shall ensure that veterans participating in or receiving services from a program under chapter 20 of title 38, United States Code, have access to telehealth services to which such veterans are eligible under the laws administered by the Secretary, including by ensuring that telehealth capabilities are available to—
(1)
removed such veterans;
(2)
removed case managers of the Department of programs for homeless veterans authorized under such chapter; and
(3)
removed community-based service providers for homeless veterans receiving funds from the Department through grants or contracts.
(e)
removed Definitions— In this section:
(1)
removed Covered public health emergency— The term covered public health emergency means an emergency with respect to COVID–19 declared by a Federal, State, or local authority.
(2)
removed Homeless veteran; veteran— The terms homeless veteran and veteran have the meanings given those terms in section 2002 of title 38, United States Code.
(3)
removed Telehealth—
(A)
removed In general— The term telehealth means the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health, and health administration.
(B)
removed Technologies— For purposes of subparagraph (A), telecommunications technologies include video conferencing, the internet, streaming media, and terrestrial and wireless communications.

Sec. 3 Emergency designations

removed
(a)
removed In general— This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b)
removed Designation in Senate— In the Senate, this Act is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.

Sec. 101 Flexibility for the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency

added
(a)
added General support—
(1)
added Use of funds— During a covered public health emergency, the Secretary of Veterans Affairs may use amounts appropriated or otherwise made available to the Department of Veterans Affairs to carry out sections 2011, 2012, 2031, and 2061 of title 38, United States Code, to provide to homeless veterans and veterans participating in the program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as “HUD–VASH”), as the Secretary determines is needed, the following:
(A)
added Assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items).
(B)
added Transportation required to support stability and health (such as for appointments with service providers, conducting housing searches, and obtaining food and supplies).
(C)
added Communications equipment and services (such as tablets, smartphones, disposable phones, and related service plans) required to support stability and health (such as maintaining contact with service providers, prospective landlords, and family).
(D)
added Such other assistance as the Secretary determines is needed.
(2)
added Homeless veterans on land of the Department—
(A)
added Collaboration— During a covered public health emergency, to the extent possible, the Secretary may collaborate with one or more organizations to manage use of land of the Department for homeless veterans for living and sleeping.
(B)
added Elements— Collaboration under subparagraph (A) may include the provision by either the Secretary or the organization of food services and security for property, buildings, and other facilities owned or controlled by the Department.
(b)
added Grant and Per Diem Program—
(1)
added Limits on rates for per diem payments— Section 20013(b) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended—
(A)
added by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(B)
added in the matter preceding subparagraph (A), as so redesignated, by inserting “(1)” before “In the case”; and
(C)
added by adding at the end the following:

added “(2) If the Secretary waives any limit on grant amounts or rates for per diem payments under paragraph (1), notwithstanding section 2012(a)(2)(B) of such title, the maximum rate for per diem payments described in paragraph (1)(B) shall be three times the rate authorized for State homes for domiciliary care under section 1741 of such title.”

(2)
added Use of per diem payments— During a covered public health emergency, a recipient of a grant or an eligible entity under the grant and per diem program of the Department (in this subsection referred to as the “program”) may use per diem payments under sections 2012 and 2061 of title 38, United States Code, to provide assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items) for—
(A)
added homeless veterans; and
(B)
added formerly homeless veterans residing in a facility operated wholly or in part by such a recipient or eligible entity receiving per diem payments under section 2012 of such title.
(3)
added Additional transitional housing—
(A)
added In general— During a covered public health emergency, under the program, the Secretary may provide amounts for additional transitional housing beds to facilitate access to housing and services provided to homeless veterans.
(B)
added Notice; competition; period of performance— The Secretary may provide amounts under subparagraph (A)—
(i)
added without notice or competition; and
(ii)
added for a period of performance determined by the Secretary.
(4)
added Inspections and Life Safety Code requirements—
(A)
added In general— During a covered public health emergency, the Secretary may waive any requirement under subsection (b) or (c) of section 2012 of title 38, United States Code, in order to allow the recipient of a grant or an eligible entity under the program—
(i)
added to quickly identify temporary alternate sites of care for homeless veterans that are suitable for habitation;
(ii)
added to facilitate social distancing or isolation needs; or
(iii)
added to facilitate activation or continuation of a program for which a grant has been awarded.
(B)
added Limitation— The Secretary may waive a requirement pursuant to the authority provided by subparagraph (A) with respect to a facility of a recipient of a grant or an eligible entity under the program only if the facility meets applicable local safety requirements, including fire safety requirements.
(c)
added Inspection and Life Safety Code requirements for therapeutic housing—
(1)
added In general— During a covered public health emergency, the Secretary may waive any inspection or life safety code requirement under subsection (c) of section 2032 of title 38, United States Code—
(A)
added to allow quick identification of temporary alternate sites of care for homeless veterans that are suitable for habitation;
(B)
added to facilitate social distancing or isolation needs; or
(C)
added to facilitate the operation of housing under such section.
(2)
added Limitation— The Secretary may waive a requirement pursuant to the authority provided by paragraph (1) with respect to a residence or facility referred to in such section 2032 only if the residence or facility, as the case may be, meets applicable local safety requirements, including fire safety requirements.
(d)
added Access to Department of Veterans Affairs telehealth services— To the extent practicable, during a covered public health emergency, the Secretary shall ensure that veterans participating in or receiving services from a program under chapter 20 of title 38, United States Code, have access to telehealth services to which such veterans are eligible under the laws administered by the Secretary, including by ensuring that telehealth capabilities are available to—
(1)
added such veterans;
(2)
added case managers of the Department of programs for homeless veterans authorized under such chapter; and
(3)
added community-based service providers for homeless veterans receiving funds from the Department through grants or contracts.
(e)
added Definitions— In this section:
(1)
added Covered public health emergency— The term covered public health emergency means an emergency with respect to COVID–19 declared by a Federal, State, or local authority.
(2)
added Homeless veteran; veteran— The terms homeless veteran and veteran have the meanings given those terms in section 2002 of title 38, United States Code.
(3)
added Telehealth—
(A)
added In general— The term telehealth means the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health, and health administration.
(B)
added Technologies— For purposes of subparagraph (A), telecommunications technologies include video conferencing, the internet, streaming media, and terrestrial and wireless communications.
(f)
added Emergency designations—
(1)
added In general— This section is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(2)
added Designation in Senate— In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.

Sec. 102 Expansion of eligibility for HUD–VASH

added
(a)
added HUD provisions— Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following new subparagraph:

added “(D) Veteran defined—In this paragraph, the term veteran has the meaning given that term in section 2002(b) of title 38, United States Code.”

(b)
added VHA case managers— Subsection (b) of section 2003 of title 38, United States Code, is amended by adding at the end the following: “In the case of vouchers provided under the HUD–VASH program under section 8(o)(19) of such Act, for purposes of the preceding sentence, the term veteran shall have the meaning given such term in section 2002(b) of this title.”.
(c)
added Annual report—
(1)
added In general— Not less frequently than once each year, 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 on the homelessness services provided under programs of the Department of Veterans Affairs, including services under the program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as “HUD-VASH”).
(2)
added Included information— Each such annual report shall include, with respect to the year preceding the submittal of the report—
(A)
added a statement of the number of eligible individuals who were furnished such homelessness services;
(B)
added the number of individuals furnished such services under each such program, disaggregated by the number of men who received such services and the number of women who received such services; and
(C)
added such other information the Secretary determines appropriate.

Sec. 103 Legal services for homeless veterans and veterans at risk for homelessness

added
(a)
added In general— Chapter 20 of title 38, United States Code, is amended by inserting after section 2022 the following new section:

added “2022A. Legal services for homeless veterans and veterans at risk for homelessness

added “(a) Grants—Subject to the availability of appropriations provided for such purpose, the Secretary of Veterans Affairs shall make grants to eligible entities that provide legal services to homeless veterans and veterans at risk for homelessness.

added “(b) Criteria

added “(1) The Secretary shall—

added “(A) establish criteria and requirements for grants under this section, including criteria for entities eligible to receive such grants; and

added “(B) publish such criteria and requirements in the Federal Register.

added “(2) In establishing criteria and requirements under paragraph (1), the Secretary shall—

added “(A) take into consideration any criteria and requirements needed with respect to carrying out this section in rural communities, Tribal lands, and the territories and possessions of the United States; and

added “(B) consult with organizations that have experience in providing services to homeless veterans, including veterans service organizations, the Equal Justice Works AmeriCorps Veterans Legal Corps, and other organizations the Secretary determines appropriate.

added “(c) Eligible entities—The Secretary may make a grant under this section to an entity applying for such a grant only if the applicant for the grant—

added “(1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;

added “(2) demonstrates that adequate financial support will be available to carry out the services for which the grant is sought consistent with the application;

added “(3) agrees to meet the applicable criteria and requirements established under subsection (b)(1); and

added “(4) has, as determined by the Secretary, demonstrated the capacity to meet such criteria and requirements.

added “(d) Use of funds—Grants under this section shall be used to provide homeless veterans and veterans at risk for homelessness the following legal services:

added “(1) Legal services related to housing, including eviction defense, representation in landlord-tenant cases, and representation in foreclosure cases.

added “(2) Legal services related to family law, including assistance in court proceedings for child support, divorce, estate planning, and family reconciliation.

added “(3) Legal services related to income support, including assistance in obtaining public benefits.

added “(4) Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver’s license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing.

added “(5) Legal services related to requests to upgrade the characterization of a discharge or dismissal of a former member of the Armed Forces under section 1553 of title 10.

added “(6) Such other legal services as the Secretary determines appropriate.

added “(e) Funds for women veterans—For any fiscal year, not less than 10 percent of the amount authorized to be appropriated for grants under this section shall be used to provide legal services described in subsection (d) to women veterans.

added “(f) Locations—To the extent practicable, the Secretary shall make grants under this section to eligible entities in a manner that is equitably distributed across the geographic regions of the United States, including with respect to—

added “(1) rural communities;

added “(2) Tribal lands;

added “(3) Native Americans; and

added “(4) Tribal organizations.

added “(g) Reports—On a biennial basis, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on grants under this section. To the extent feasible, each such report shall include the following with respect to the year covered by the report:

added “(1) The number of homeless veterans and veterans at risk for homelessness assisted.

added “(2) A description of the legal services provided.

added “(3) A description of the legal matters addressed.

added “(4) An analysis by the Secretary with respect to the operational effectiveness and cost-effectiveness of the services provided.”

(b)
added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2022 the following new item:
(c)
added Criteria— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the criteria and requirements in the Federal Register pursuant to subsection (b)(1) of section 2022A of title 38, United States Code, as added by subsection (a).

Sec. 104 Gap analysis of Department of Veterans Affairs Programs that provide assistance to women veterans who are homeless

added
(a)
added In general— The Secretary of Veterans Affairs shall complete an analysis of programs of the Department of Veterans Affairs that provide assistance to women veterans who are homeless or precariously housed to identify the areas in which such programs are failing to meet the needs of such women.
(b)
added Report— Not later than 270 days after the date of the enactment of this Act, 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 analysis completed under subsection (a).

Sec. 105 Improvements to grants and agreements between the Secretary of Veterans Affairs and entities that provide services to homeless veterans

added
(a)
added Increase in per diem payments— Subsection (a)(2)(B) of section 2012 of title 38, United States Code, is amended—
(1)
added by striking clause (i) and inserting the following:

added “(i) Except as provided in clause (ii) or (iii) and subject to the availability of appropriations, the Secretary shall determine the rate under this paragraph, which—

added “(I) may not—

added “(aa) be lower than the amount in effect under this clause as in effect immediately preceding the enactment of the Dependable Employment and Living Improvements for Veterans Economic Recovery Act; or

added “(bb) exceed the amount that is 115 percent of the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of this title, as the Secretary may increase from time to time under subsection (c) of that section; and

added “(II) may be determined on the basis of locality.”

(2)
added by adding at the end the following new clause:

added “(iii) With respect to a homeless veteran who has care of a minor dependent while receiving services from the grant recipient or eligible entity, the daily cost of care shall be the sum of the daily cost of care determined under subparagraph (A) plus, for each such minor dependent, an amount that equals 50 percent of such daily cost of care.”

(b)
added Reimbursement of certain fees— Such section is further amended by adding at the end the following new subsection:

added “(e) Reimbursement of entities for certain fees—The Secretary may reimburse the recipient of a grant under section 2011, 2012, 2013, or 2061 of this title for fees charged to that grant recipient for the use of the homeless management information system described in section 402 of the McKinney-Vento Homeless Assistance Act (Public Law 100–77; 42 U.S.C. 11630a)—

added “(1) in amounts the Secretary determines to be reasonable; and

added “(2) if the Secretary determines that the grant recipient is unable to obtain information contained in such system through other means and at no cost to the grant recipient.”

Sec. 106 Repeal of sunset on authority to carry out program of referral and counseling services for veterans at risk for homelessness who are transitioning from certain institutions

added

added Section 2023 of title 38, United States Code, is amended—

(1)
added by striking subsection (d); and
(2)
added by redesignating subsection (e) as subsection (d).

Sec. 107 Coordination of case management services for veterans receiving housing vouchers under Tribal HUD-VASH program

added

added Section 2003 of title 38, United States Code, is amended by adding at the end the following new subsection:

added “(c) MOU on IHS assistance—The Secretary may enter into a memorandum of understanding with the Secretary of Health and Human Services under which case managers of the Indian Health Service may provide case management assistance to veterans who receive housing vouchers under the Tribal HUD-VASH program of the Department of Housing and Urban Development.”

Sec. 108 Contracting for HUD-VASH case managers

added
(a)
added In general— Section 304 of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154; 38 U.S.C. 2041 note) is amended—
(1)
added in subsection (a)—
(A)
added by inserting “(1)” before “The Secretary”;
(B)
added by adding at the end the following new paragraphs:

added “(2)

added “(A) Subject to subparagraphs (B) and (C), the director of a covered medical center shall seek to enter into a contract or agreement described in paragraph (1).

added “(B) A contract or agreement under subparagraph (A) may require that a case manager employed by an eligible entity have credentials equivalent to those of a case manager of the Department.

added “(C) The Secretary may waive the requirement under subparagraph (A) if the Secretary determines that fulfilling such requirement is infeasible. If the Secretary grants such a waiver, the Secretary shall submit, not later than 90 days after granting such waiver, to the Committees on Veterans’ Affairs of the Senate and House of Representatives, a report containing—

added “(i) an explanation of that determination;

added “(ii) a plan to increase the number of case managers of the Department; and

added “(iii) a plan for the covered medical center to increase use of such vouchers.

added “(D) In this paragraph, the term covered medical center means a medical center of the Department that the Secretary determines—

added “(i) had more than 15 percent of all vouchers allocated to that medical center under the program described in paragraph (1) through the fiscal year preceding such determination go unused due to a lack of case management services provided by the Secretary; and

added “(ii) has a case manager position that has been vacant for at least nine consecutive months immediately preceding the date of such determination.”

(2)
added in subsection (b)(2)—
(A)
added in the matter before subparagraph (A), by striking “, including because—” and inserting a period; and
(B)
added by striking subparagraphs (A), (B), and (C).
(b)
added Effective date— The amendments made by this section shall take effect on the first day of the first fiscal year to begin on or after the date of the enactment of this Act.

Sec. 109 Report on HUD-VASH staffing, training, and data systems

added

added Not later than 180 days after the date of the enactment of this Act, and every three years thereafter, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes the following:

(1)
added An assessment of the hiring needs of the program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as “HUD-VASH”), including—
(A)
added identification of the number of HUD-VASH case managers as of the date of the report including—
(i)
added the total number of vacancies; and
(ii)
added the vacancies at each medical center of the Department of Veterans Affairs;
(B)
added the number of HUD-VASH case managers that the Secretaries of Veterans Affairs and Housing and Urban Development determine necessary to meet the needs of the Department and program; and
(C)
added the amount of turnover among HUD-VASH case managers and whether the turnover was planned or unexpected.
(2)
added An assessment of how compensation, including recruitment and retention incentives, for HUD-VASH case managers affects turnover, and what percentage of retention compensation is provided to case managers at each medical center of the Department of Veterans Affairs (compared to other positions).
(3)
added A comparison of compensation described in paragraph (2) with the compensation provided to State, local, and nongovernmental housing employees at comparable training and experience levels.
(4)
added Examples of how the Departments have worked with non-Federal partners (such as local governments, nongovernmental organizations, veterans service organizations, and employee unions) to meet the staffing needs of the HUD-VASH program.
(5)
added Examples of how medical centers of the Department of Veterans Affairs with high retention rates for HUD-VASH case managers have been able to maintain their staffing levels.

Sec. 201 COVID–19 Veteran Rapid Retraining Assistance Program

added
(a)
added In general— The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall provide up to 12 months of retraining assistance to an eligible veteran for the pursuit of a covered program of education. Such retraining assistance shall be in addition to any other entitlement to educational assistance or benefits for which a veteran is, or has been, eligible.
(b)
added Eligible veterans—
(1)
added In general— For purposes of this section, the term eligible veteran means a veteran who—
(A)
added as of the date of the receipt by the Department of Veterans Affairs of the application for assistance under this section, is at least 22 years of age but not more than 66 years of age;
(B)
added as of such date, is unemployed by reason of the covered public health emergency, as certified by the veteran;
(C)
added as of such date, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code;
(D)
added is not enrolled in any Federal or State jobs program;
(E)
added is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; and
(F)
added will not be in receipt of unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986), including any cash benefit received pursuant to subtitle A of title II of division A of the CARES Act (Public Law 116–136), as of the first day on which the veteran would receive a housing stipend payment under this section.
(2)
added Treatment of veterans who transfer entitlement— For purposes of paragraph (1)(C), a veteran who has transferred all of the veteran’s entitlement to educational assistance under section 3319 of title 38, United States Code, shall be considered to be a veteran who is not eligible to receive educational assistance under chapter 33 of such title.
(3)
added Failure to complete— A veteran who receives retraining assistance under this section to pursue a program of education and who fails to complete the program of education shall not be eligible to receive additional assistance under this section.
(c)
added Covered programs of education—
(1)
added In general— For purposes of this section, a covered program of education is a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, pursued on a full-time or part-time basis—
(A)
added that—
(i)
added is approved under chapter 36 of such title;
(ii)
added does not lead to a bachelors or graduate degree; and
(iii)
added is designed to provide training for a high-demand occupation, as determined under paragraph (3); or
(B)
added that is a high technology program of education offered by a qualified provider, under the meaning given such terms in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 note).
(2)
added Accredited programs— In the case of an accredited program of education, the program of education shall not be considered a covered program of education under this section if the program has received a show cause order from the accreditor of the program during the five-year period preceding the date of the enactment of this Act.
(3)
added Determination of high-demand occupations—
(A)
added Initial implementation— In carrying out this section, the Secretary shall use the list of high-demand occupations compiled by the Commissioner of Labor Statistics until the final list under subparagraph (C) is complete.
(B)
added Study required— The Secretary of Veterans Affairs shall enter into an agreement with a federally funded research and development corporation or another appropriate non-Department entity for the conduct of a study to determine which occupations are high-demand occupations. Such study shall be completed not later than 90 days after the date of the enactment of this Act.
(C)
added Final list— The Secretary—
(i)
added may add or remove occupation from the list in use pursuant to subparagraph (A) during the 90-day period following the completion of the study required by subparagraph (B);
(ii)
added shall issue a final list of high-demand occupations for use under this section by not later than 90 days after the date of the completion of the study; and
(iii)
added shall make such final list publicly available on a website of the Department.
(D)
added Use of list— The Secretary shall use the list developed under this paragraph in order to apply the requirement that retraining assistance under this section is used for training for a high-demand occupation, but the Secretary may remove occupations from the list as the Secretary determines appropriate.
(4)
added Full-time defined— For purposes of this subsection, the term full-time has the meaning given such term under section 3688 of title 38, United States Code.
(d)
added Amount of assistance—
(1)
added Retraining assistance— The Secretary of Veterans Affairs shall provide to an eligible veteran pursuing a covered program of education under the retraining assistance program under this section an amount equal to the amount of educational assistance payable under section 3313(c)(1)(A) of title 38, United States Code, for each month the veteran pursues the covered program of education. Such amount shall be payable directly to the educational institution offering the covered program of education pursued by the veteran as follows:
(A)
added 50 percent of the total amount payable shall be paid when the eligible veteran begins the program of education.
(B)
added 25 percent of the total amount payable shall be paid when the eligible veteran completes the program of education.
(C)
added 25 percent of the total amount payable shall be paid when the eligible veteran finds employment in a field related to the program of education.
(2)
added Failure to complete—
(A)
added Pro-rated payments— In the case of a veteran who pursues a covered program of education under the retraining assistance program under this section, but who does not complete the program of education, the Secretary shall pay to the educational institution offering such program of education a pro-rated amount based on the number of months the veteran pursued the program of education in accordance with this paragraph.
(B)
added Payment otherwise due upon completion of program— The Secretary shall pay to the educational institution a pro-rated amount under paragraph (1)(B) when the veteran provides notice to the educational institution that the veteran no longer intends to pursue the program of education.
(C)
added Nonrecovery from veteran— In the case of a veteran referred to in subparagraph (A), the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (1)(B) had the veteran completed the program of education.
(D)
added Payment due upon employment—
(i)
added Veterans who find employment— In the case of a veteran referred to in subparagraph (A) who finds employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education, the Secretary shall pay to the educational institution a pro-rated amount under paragraph (1)(C) when the veteran finds such employment.
(ii)
added Veterans who do not find employment— In the case of a veteran referred to in subparagraph (A) who does not find employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education—
(I)
added the Secretary shall not make a payment to the educational institution under paragraph (1)(C); and
(II)
added the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (1)(C) had the veteran found employment during such 180-day period.
(3)
added Housing stipend— For each month that an eligible veteran pursues a covered program of education under the retraining assistance program under this section, the Secretary shall pay to the veteran a monthly housing stipend in an amount equal to—
(A)
added in the case of a covered program of education leading to a degree, or a covered program of education not leading to a degree, at an institution of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) pursued on more than a half-time basis, the amount specified under subsection (c)(1)(B) of section 3313 of title 38, United States Code;
(B)
added in the case of a covered program of education other than a program of education leading to a degree at an institution other than an institution of higher learning pursued on more than a half-time basis, the amount specified under subsection (g)(3)(A)(ii) of such section; or
(C)
added in the case of a covered program of education pursued on less than a half-time basis, or a covered program of education pursued solely through distance learning on more than a half-time basis, the amount specified under subsection (c)(1)(B)(iii) of such section.
(4)
added Failure to find employment— The Secretary shall not make a payment under paragraph (1)(C) with respect to an eligible veteran who completes or fails to complete a program of education under the retraining assistance program under this section if the veteran fails to find employment in a field related to the program of education within the 180-period beginning on the date on which the veteran withdraws from or completes the program.
(e)
added No transferability— Retraining assistance provided under this section may not be transferred to another individual.
(f)
added Employment assistance—
(1)
added In general— The Secretary of Labor shall contact each veteran who pursues a covered program of education under this section—
(A)
added not later than 30 days after the date on which the veteran begins the program of education to notify the veteran of the availability of employment placement services upon completion of the program; and
(B)
added 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.
(2)
added Provision of information— The Secretary of Veterans Affairs shall provide to the Secretary of Labor such information as may be necessary to carry out paragraph (1).
(g)
added Nonprofit organization—
(1)
added 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)
added Qualified nonprofit organization— For purposes of this subsection, a qualified nonprofit organization is a nonprofit organization that—
(A)
added is an association of businesses; and
(B)
added has at least two years of experience providing job placement services for veterans.
(h)
added 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)
added 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)
added The percentage of such veterans who found employment before the end of the second calendar quarter after exiting the program.
(2)
added The percentage of such veterans who found employment before the end of the fourth calendar quarter after exiting the program.
(3)
added The median earnings of all such veterans for the second quarter after exiting the program.
(4)
added The percentage of such veterans who attain a recognized postsecondary credential during the 12-month period after exiting the program.
(j)
added Limitation— Not more than 17,250 eligible veterans may receive retraining assistance under this section.
(k)
added Termination— 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.
(l)
added GAO report— Not later than 180 days after the termination of the retraining assistance program under subsection (k), 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.
(m)
added Definitions— In this section:
(1)
added The term covered public health emergency means the declaration—
(A)
added 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)
added 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)
added The term veteran means—
(A)
added 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)
added 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)
added The term active service has the meaning given such term in section 101 of title 10, United States Code.
(n)
added Funding—
(1)
added In general— For each fiscal year for which the Secretary provides retraining assistance under this section, such sums as may be necessary shall be made available for such assistance from funds appropriated to, or otherwise made available to, the Department for the payment of readjustment benefits.
(2)
added Administrative costs— There is authorized to be appropriated $15,000,000 to carry out administrative functions of this section.
(o)
added Initiation of payments— The Secretary may begin providing retraining assistance under this section on the date that is 180 days after the date of the enactment of this Act.

Sec. 202 Access for the Secretaries of Labor and Veterans Affairs to the Federal directory of new hires

added

added Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is amended by adding at the end the following new paragraph:

added “(4) Veteran employment—The Secretaries of Labor and of Veterans Affairs shall have access to information reported by employers pursuant to subsection (b) of this section for purposes of tracking employment of veterans.”

Sec. 203 Expansion of eligible class of providers of high technology programs of education for veterans

added

added 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)
added in subsection (b), by adding at the end the following: “The Secretary shall treat an individual as an eligible veteran if the Secretary determines that the individual shall become an eligible veteran fewer than 180 days after the date of such determination. If an individual treated as an eligible veteran by reason of the preceding sentence does anything to make the veteran ineligible during the 180-day period referred to in such sentence, the Secretary may require the veteran to repay any benefits received by such veteran by reason of such sentence.”;
(2)
added in subsection (c)—
(A)
added in paragraph (3)(A), by striking “has been operational for at least 2 years” and inserting “employs instructors whom the Secretary determines are experts in their respective fields in accordance with paragraph (6)”; and
(B)
added by adding at the end the following new paragraph:

added “(6) Experts—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—

added “(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;

added “(B) effectively teach the skills offered to eligible veterans;

added “(C) provide relevant industry experience in the fields of programs offered to incoming eligible veterans; and

added “(D) demonstrate relevant industry experience in such fields of programs.”

(3)
added in subsection (d), in the matter preceding paragraph (1)—
(A)
added by inserting “(not including an individual described in the second sentence of subsection (b))” after “each eligible veteran”; and
(B)
added by inserting “or part-time” after “full-time”;
(4)
added in subsection (g), by striking “$15,000,000” and inserting “$45,000,000”; and
(5)
added by adding at the end the following new subsection (i):

added “(i) Prohibition on certain accounting of assistance—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 title 38, United States Code.”

Sec. 204 Pilot program for off-base transition training for veterans and spouses

added
(a)
added Extension of pilot program— Subsection (a) of section 301 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 10 U.S.C. 1144 note) is amended—
(1)
added by striking “During the two-year period beginning on the date of the enactment of this Act” and inserting “During the 5-year period beginning on the date of the enactment of the Dependable Employment and Living Improvements for Veterans Economic Recovery Act”; and
(2)
added by striking “to assess the feasibility and advisability of providing such program to eligible individuals at locations other than military installations”.
(b)
added Locations— Subsection (c) of such section is amended—
(1)
added in paragraph (1), by striking “not less than three and not more than five States” and inserting “not fewer than 50 locations in States (as defined in section 101 of title 38, United States Code)”;
(2)
added in paragraph (2), by striking “at least two” and inserting “at least 20”; and
(3)
added by adding at the end the following new paragraphs:

added “(5) Preferences—In selecting States for participation in the pilot program, the Secretary shall provide a preference for any State with—

added “(A) a high rate of usage of unemployment benefits for recently separated members of the Armed Forces; or

added “(B) a labor force or economy that has been significantly impacted by the covered public health emergency.

added “(6) Covered public health emergency—In this subsection, the term covered public health emergency means the declaration—

added “(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

added “(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.”

(c)
added Annual report— Subsection (e) of such section is amended by adding at the end the following new sentence: “Each such report shall include information about the employment outcomes of the eligible individuals who received such training during the year covered by the report.”.
(d)
added Conforming repeal— Subsection (f) of such section is repealed.

Sec. 205 Grants for provision of transition assistance to members of the Armed Forces after separation, retirement, or discharge

added
(a)
added In general— The Secretary of Veterans Affairs shall make grants to eligible organizations for the provision of transition assistance to members of the Armed Forces who are separated, retired, or discharged from the Armed Forces, and spouses of such members.
(b)
added Use of funds— The recipient of a grant under this section shall use the grant to provide to members of the Armed Forces and spouses described in subsection (a) resume assistance, interview training, job recruitment training, and related services leading directly to successful transition, as determined by the Secretary.
(c)
added Eligible organizations— To be eligible for a grant under this section, an organization shall submit to the Secretary an application containing such information and assurances as the Secretary, in consultation with the Secretary of Labor, may require.
(d)
added Priority— In making grants under this section, the Secretary shall give priority to an organization that—
(1)
added provides multiple forms of services described in subsection (b); or
(2)
added is located in a State with—
(A)
added a high rate of veteran unemployment;
(B)
added a high rate of usage of unemployment benefits for recently separated members of the Armed Forces; or
(C)
added a labor force or economy that has been significantly impacted by the covered public health emergency (as such term is defined in section 201(l)(1)).
(e)
added Amount of grant— A grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (b).
(f)
added Deadline— The Secretary shall carry out this section not later than six months after the effective date of this Act.
(g)
added Termination— The authority to provide a grant under this section shall terminate on the date that is five years after the date on which the Secretary implements the grant program under this section.
(h)
added Authorization of appropriations— There is authorized to be appropriated $10,000,000 to carry out this section.

Sec. 206 One-year independent assessment of the effectiveness of Transition Assistance Program

added
(a)
added Independent assessment— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the covered officials, shall enter into an agreement with an appropriate entity with experience in adult education to carry out a one-year independent assessment of the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code (in this section referred to as “TAP”), including—
(1)
added the effectiveness of TAP for members of each military department during the entire military life cycle;
(2)
added the appropriateness of the TAP career readiness standards;
(3)
added a review of information that is provided to the Department of Veterans Affairs under TAP, including mental health data;
(4)
added whether TAP effectively addresses the challenges veterans face entering the civilian workforce and in translating experience and skills from military service to the job market;
(5)
added whether TAP effectively addresses the challenges faced by the families of veterans making the transition to civilian life;
(6)
added appropriate metrics regarding TAP outcomes for members of the Armed Forces one year after separation, retirement, or discharge from the Armed Forces;
(7)
added what the Secretary, in consultation with the covered officials and veterans service organizations determine to be successful outcomes for TAP;
(8)
added whether members of the Armed Forces achieve successful outcomes for TAP, as determined under paragraph (7);
(9)
added how the Secretary and the covered officials provide feedback to each other regarding such outcomes;
(10)
added recommendations for the Secretaries of the military departments regarding how to improve outcomes for members of the Armed Forces after separation, retirement, and discharge; and
(11)
added other topics the Secretary and the covered officials determine would aid members of the Armed Forces as they transition to civilian life.
(b)
added Report— Not later than 90 days after the completion of the independent assessment under subsection (a), the Secretary and the covered officials, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives—
(1)
added the findings and recommendations (including recommended legislation) of the independent assessment prepared by the entity described in subsection (a); and
(2)
added responses of the Secretary and the covered officials to the findings and recommendations described in paragraph (1).
(c)
added Definitions— In this section:
(1)
added The term covered officials means—
(A)
added the Secretary of Defense;
(B)
added the Secretary of Labor;
(C)
added the Administrator of the Small Business Administration; and
(D)
added the Secretaries of the military departments.
(2)
added The term military department has the meaning given that term in section 101 of title 10, United States Code.

Sec. 207 Longitudinal study on changes to TAP

added
(a)
added Study— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Labor and the Administrator of the Small Business Administration, shall conduct a five-year longitudinal study regarding the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code (in this section referred to as “TAP”), on three separate cohorts of members of the Armed Forces who have separated from the Armed Forces, including—
(1)
added a cohort that has attended TAP counseling as implemented on the date of the enactment of this Act;
(2)
added a cohort that attends TAP counseling after the Secretaries of Defense and Labor implement changes recommended in the report under section 206(b); and
(3)
added a cohort that has not attended TAP counseling.
(b)
added Progress reports— Not later than 90 days after the date that is one year after the date of the initiation of the study under subsection (a) and annually thereafter for the three subsequent years, the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a progress report of activities under the study during the immediately preceding year.
(c)
added Final report— Not later than 180 days after the completion of the study under subsection (a), the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a report of final findings and recommendations based on the study.
(d)
added Elements— The final report under subsection (c) shall include information regarding the following:
(1)
added The percentage of each cohort that received unemployment benefits during the study.
(2)
added The numbers of months members of each cohort were employed during the study.
(3)
added Annual starting and ending salaries of members of each cohort who were employed during the study.
(4)
added How many members of each cohort enrolled in an institution of higher learning, as that term is defined in section 3452(f) of title 38, United States Code.
(5)
added The academic credit hours, degrees, and certificates obtained by members of each cohort during the study.
(6)
added The annual income of members of each cohort.
(7)
added The total household income of members of each cohort.
(8)
added How many members of each cohort own their principal residences.
(9)
added How many dependents that members of each cohort have.
(10)
added The percentage of each cohort that achieves a successful outcome for TAP, as determined under section 206(a)(7).
(11)
added Other criteria the Secretaries and the Administrator of the Small Business Administration determine appropriate.

Sec. 208 Department of Veterans Affairs loan fees

added

added The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking subparagraph (E) and inserting the following: