US Codex
Pub. L.
Notes

Title II — Economic Opportunity Matters

118th Congress · Approved Jan 2, 2025 · 138 Stat. 2706 · Lineage

TITLE II Economic Opportunity Matters

Subtitle A Educational Assistance

SEC. 201. Temporary Expansion of Eligibility for Marine Gunnery Sergeant John David Fry Scholarship.

(a)
In General.— The Secretary of Veterans Affairs shall treat an individual described in subsection (b) as a covered individual described in section 3311(b) of title 38, United States Code.
(b)
Covered Individual Described.— An individual described in this subsection is an individual who is the child or spouse of a person—
(1)
who dies from a service-connected disability during the 120-day period immediately following the day on which the person was discharged or released from duty as a member of the Armed Forces (without regard to whether such duty was active duty); and
(2)
(A)
who received an honorable discharge; or
(B)
whose service in the Armed Forces is characterized by the Secretary concerned as honorable service.
(c)
Applicability.— This section shall apply with respect to—
(1)
deaths that occur before, on, or after the date of the enactment of this Act; and
(2)
a quarter, semester, or term, as applicable, commencing—
(A)
on or after August 1, 2025; and
(B)
before October 1, 2027.

SEC. 202. Removal of Expiration on Entitlement to Marine Gunnery Sergeant John David Fry Scholarship for Surviving Spouses.

Section 3311(f) of title 38, United States Code, is amended—
(1)
by striking paragraph (2);
(2)
by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;
(3)
in paragraph (2), as redesignated by paragraph (2) of this section, by striking “ in paragraph (4)” and inserting “ in paragraph (3)”; and
(4)
in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking “ under paragraph (3)” and inserting “ under paragraph (2)”.

SEC. 203. Sole Liability for Transferred Educational Assistance by an Individual Who Fails to Complete a Service Agreement.

Subsection (i) of section 3319 of title 38, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “ In the event” and inserting “ Subject to paragraph (2), in the event”; and
(B)
by inserting “ of this title” after “ section 3685”;
(2)
in subparagraph (A) of paragraph (2)—
(A)
in the heading, by striking “ In general” and inserting “ Sole liability”; and
(B)
by striking “ under paragraph (1)” and inserting “ for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of section 3685 of this title”; and
(3)
in subparagraph (B) of paragraph (2)—
(A)
in the matter preceding clause (i), by striking “ Subparagraph (A) shall not apply” and inserting “ Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of section 3685 of this title”; and
(B)
in clause (ii), by inserting “ of this title” after “ section 3311(c)(4)”.

SEC. 205. Relationship of Participation by an Educational Institution in Certain Federal Student Financial Aid Programs to Approval of Such Institution for Purposes of Department of Veterans Affairs Educational Assistance Programs.

Paragraph (4) of section 3675(b) of title 38, United States Code, is amended to read as follows:

“(4) The educational institution—

“(A) is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or

“(B) does not participate in such a program and the Secretary has waived the requirement under this paragraph with respect to the educational institution, and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver, because the Secretary determines that the educational institution—

“(i) elects not to participate in such a program;

“(ii) cannot participate in such a program; or

“(iii) is in the process of making a good-faith effort to submit an initial application for approval to participate in such a program, except that a waiver under this clause may not be provided for a period of longer than 36 months.”

SEC. 206. Expansion of Department of Veterans Affairs Oversight of Certain Educational Institutions.

(a)
Additional Requirement for Approval.— Section 3675(b) of title 38, United States Code, as amended by section 205, is further amended by adding at the end the following new paragraph:

“(5) The educational institution agrees to, not later than 30 days after any date on which such educational institution becomes subject to an action or event described in section 3673(e)(3) of this title, submit to the State approving agency, or the Secretary when acting in the role of a State approving agency, a notification of such action or event in such form and containing such information as the Secretary determines appropriate.”

(b)
Additional Requirement for Approval of Nonaccredited Courses.—
(1)
In general.— Section 3676(c) of such title is amended—
(A)
by redesignating paragraphs (14) through (16) as paragraphs (15) through (17), respectively; and
(B)
by inserting after paragraph (13) the following new paragraph:

“(14) The institution agrees to, not later than 30 days after any date on which such institution becomes subject to an action or event described in section 3673(e)(3) of this title, submit to the State approving agency, or the Secretary when acting in the role of a State approving agency, a notification of such action or event in such form and containing such information as the Secretary determines appropriate.”

(2)
Conforming amendments.— Such title is further amended—
(A)
in section 3672(b)(2)(C), by striking “ paragraph (14) or (15)” and inserting “ paragraph (15) or (16)”;
(B)
in section 3675(b)(3), by striking “ (14), (15), and (16)” and inserting “ (15), (16), and (17)”;
(C)
in section 3679(d), by striking “ described in paragraph (14) or (15)” and inserting “ described in paragraph (15) or (16)”; and
(D)
in section 3680A(a)(4)(C)(iii), by striking “ section 3676(c)(14) and (15)” and inserting “ section 3676(c)(15) and (16)”.
(c)
Additional Grounds for Suspension of Approval.— Section 3679(f)(1) of such title is amended by adding at the end the following new subparagraph:

“(I) Comply with the notification requirements under sections 3675(b)(5) and 3676(c)(14) of this title, when applicable.”

(d)
Deadline for Risk-based Surveys Database.— The Secretary of Veterans Affairs shall establish the database required under section 3673A(c) of title 38, United States Code, by not later than 180 days after the date of the enactment of this Act.

SEC. 207. Requirement That Educational Institutions Approved for Purposes of Department of Veterans Affairs Educational Assistance Programs Provide Digital Official Transcripts.

(a)
Requirement.— Section 3675(b) of title 38, United States Code, as amended by sections 205 and 206, is further amended by adding at the end the following new paragraph:

“(6) The educational institution makes available to each eligible person or veteran a copy of the person or veteran’s official transcript in a digital format.”

(b)
Conforming Amendments.—
(1)
Approval of courses.— Section 3672(b)(2)(A) of such title is amended by striking “ (b)(1) and (b)(2)” and inserting “ paragraphs (1), (2), and (6) of section 3675(b)”.
(2)
Approval of nonaccredited courses.— Section 3676(c) of such title is amended—
(A)
by redesignating paragraph (17) as paragraph (18); and
(B)
by inserting after paragraph (16) the following new paragraph (17):

“(17) In the case of a course that leads to a standard college degree, the educational institution satisfies the requirements of section 3675(b)(6) of this title.”

(3)
Conforming amendments.— Section 3675(b)(3) of such title is amended by striking “ (15), (16), and (17)” and inserting “ (15), (16), and (18)”.
(c)
Effective Date.— The amendments made by this section shall take effect on August 1, 2025, and apply with respect to a quarter, semester, or term, as applicable, commencing on or after such date.

SEC. 208. Payment of Full Monthly Housing Stipend for Veterans Enrolled in Final Semester Using Educational Assistance under Post-9/11 Educational Assistance Program.

(a)
Housing Allowance.— Section 3680(a)(3) of title 38, United States Code, is amended—
(1)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by redesignating each subordinate provision and the margins thereof accordingly);
(2)
by striking “ Notwithstanding paragraph (1)” and inserting “ (A) Notwithstanding paragraph (1)”;
(3)
by striking “ , including a monthly housing stipend described in section 3313(c) of this title,”; and
(4)
by adding at the end the following new subparagraph (B):

“(B) For purposes of providing a monthly housing stipend described in section 3313(c) to an eligible veteran or eligible person for whom the Secretary is providing educational assistance under chapter 33 of this title during a period that is the last semester, term, or academic period pursuant to subparagraph (A), the Secretary shall treat the veteran or person as pursuing a program of education on a full-time basis.”

(b)
Application.— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2025.

SEC. 209. Modification of Rules for Approval of Commercial Driver Education Programs for Purposes of Educational Assistance Programs of the Department of Veterans Affairs.

(a)
In General.— Subsection (a)(4) of section 2 of the Veteran Improvement Commercial Driver License Act of 2023 (Public Law 118–95) is amended, in the matter to be inserted as the new paragraph (2) of section 3680A(e) of title 38, United States Code—
(1)
in subparagraph (A)—
(A)
in the matter preceding clause (i), by striking “ the commercial driver education program offered at the branch by the educational institution—” and inserting and em dash; and
(B)
by striking clauses (i) and (ii) and inserting the following:

“(i) the commercial driver education program offered at the branch by the educational institution is approved for purposes of this chapter by a State approving agency (or the Secretary when acting in the role of a State approving agency); and

“(ii)

(I) such branch is located in a State in which such educational institution offers such commercial driver education program at another branch of such educational institution; or

“(II) such branch—

“(aa) has been operating for at least one year; and

“(bb) offers such commercial driver education program, using the same curriculum as another branch of such educational institution.”

; and

(2)
by adding at the end the following new subparagraph:

“(D) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a notification not later than 30 days after the Secretary grants an exemption under subparagraph (A). Such notification shall identify the educational institution, and the branch thereof, granted such exemption.”

(b)
Implementation.— Section 2(b) of such Act is amended—
(1)
in paragraph (2), by striking “ 180 days” and inserting “ 365 days”; and
(2)
by adding at the end the following new paragraphs:

“(3) Regulations.—In prescribing any regulation to carry out the amendments made by subsection (a), the Secretary of Veterans Affairs shall consult with State approving agencies designated under section 3671 of such title.

“(4) GAO study.—Not later than 365 days after the applicability date under paragraph (2), the Comptroller General of the United States shall—

“(A) conduct a study to—

“(i) determine the effects of the amendments made by subsection (a); and

“(ii) the feasibility and advisability of similarly amending the rules for approval of programs of education for other vocational programs of education; and

“(B) submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the findings of the Comptroller General with respect to such study.”

(c)
Effective Date.— The amendments made by this section shall take effect as if included in such Act on the date of the enactment of such Act.

SEC. 210. Provision of Certificates of Eligibility and Award Letters Using Electronic Means.

(a)
In General.— Chapter 36 of title 38, United States Code, is amended by inserting after section 3698 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

Ҥ 3698A. Provision of certificates of eligibility and award letters using electronic means

“(a) Requirement.—Except as provided by subsection (b), the Secretary shall provide to an individual the following documents using electronic means:

“(1) A certificate of eligibility for the entitlement of the individual to covered educational assistance.

“(2) An award letter regarding the authorization of the individual to receive covered educational assistance.

“(b) Election to Opt Out.—An individual may elect to receive the documents specified in subsection (a) by mail rather than through electronic means under subsection (a). An individual may revoke such an election at any time, by means prescribed by the Secretary.

“(c) Covered Educational Assistance.—In this section, the term ‘covered educational assistance’ means educational assistance under chapter 30, 33, or 35 of this title, or section 3699C of this title.”

(b)
Clerical Amendment.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3698 the following new item:

“3698A. Provision of certificates of eligibility and award letters using electronic means.”.

SEC. 211. Retroactive Effective Date of Law Regarding Charge to Entitlement to Educational Assistance for Individuals Who Do Not Transfer Credits from Certain Closed or Disapproved Programs of Education.

Section 3699(c)(2) of title 38, United States Code, is amended by striking subparagraph (C) and inserting the following new subparagraph (C):

“(C) This paragraph, including clauses (ii) and (iii) of subparagraph (A), shall apply with respect to the closure or discontinuation of a course or program of education, as described in subsection (b)(1), that occurs during the period beginning on August 1, 2021, and ending on September 30, 2025.”

SEC. 212. Department of Veterans Affairs High Technology Program.

(a)
High Technology Program.—
(1)
In general.— Chapter 36 of title 38, United States Code, as amended by section 210, is amended by adding at the end the following new section:

Ҥ 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 4,000 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, except as provided in paragraph (3), 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.

“(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, such entitlement shall be charged at the rate of one month of such entitlement for each month of educational assistance provided 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 Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the operation of program under this section during the year covered by the report. Each such report shall include each of the following:

“(1) The number of covered individuals enrolled in the program, disaggregated by type of educational institution, during the year covered by the report.

“(2) The number of covered individuals who completed a high technology program of education under the program during the year covered by the report.

“(3) The average employment rate of covered individuals who completed such a program of education during such year, as of 180 days after the date of completion.

“(4) The average length of time between the completion of such a program of education and employment.

“(5) The total number of covered individuals who completed a program of education under the program and who, as of the date of the submission of the report, are employed in a position related to technology.

“(6) The average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology, in various geographic areas determined by the Secretary.

“(7) The average salary of all individuals employed in positions related to technology in the geographic areas determined under subparagraph (F), and the difference, if any, between such average salary and the average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology.

“(8) The number of covered individuals who completed a program of education under the program and who subsequently enrolled in a second program of education under the program.

“(g) Collection of Information; Consultation.—

(1) The Secretary shall develop practices to use to collect information about covered individuals and providers of high technology programs of education.

“(2) For the purpose of carrying out program under this section, the Secretary may consult with providers of high technology programs of education and may establish an advisory group made up of representatives of such providers, private employers in the technology field, and other relevant groups or entities, as the Secretary determines necessary.

“(h) Definitions.—In this section:

“(1) The term ‘covered individual’ means any of the following:

“(A) A veteran whom the Secretary determines—

“(i) served an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training) and was discharged or released therefrom under conditions other than dishonorable; and

“(ii) has not attained the age of 62.

“(B) A member of the Armed Forces that the Secretary determines will become a veteran described in subparagraph (A) fewer than 180 days after the date of such determination.

“(2) The term ‘high technology program of education’ means a program of education—

“(A) offered by a public or private educational institution;

“(B) if offered by an institution of higher learning, that is provided directly by such institution rather than by an entity other than such institution under a contract or other agreement;

“(C) that does not lead to a degree;

“(D) that has a term of not less than six and not more than 28 weeks; and

“(E) that provides instruction in computer programming, computer software, media application, data processing, or information sciences.

“(i) Termination.—The Secretary may not provide educational assistance under this section for a high technology program of education that begins after September 30, 2027.”

(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—

“(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 Secretary may not, under this section, pay a provider for a high technology program of education that begins after 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 section 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).”

SEC. 213. Notice of Changes to Department of Veterans Affairs Policies and Guidance Affecting the Educational Assistance Programs of the Department.

(a)
In General.— Subchapter III of chapter 36 of title 38, United States Code, as amended by sections 210 and 212, is further amended by adding at the end the following new section:

Ҥ 3699D. Notice of changes to policies and guidance relating to educational assistance programs

“In the case of any change to any policy or guidance provided by the Secretary that relates to any educational assistance program of the Department, the Secretary may not implement the change before the date that is 90 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of, and justification for, the change.”

(b)
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:

“3699D. Notice of changes to policies and guidance relating to educational assistance programs.”.

SEC. 214. Payment of Va Educational Assistance via Electronic Fund Transfer to a Foreign Institution of Higher Education.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall update the payment system of the Department of Veterans Affairs to allow for electronic fund transfer of educational assistance, administered by the Secretary, to a foreign institution of higher education that—
(1)
provides an approved course of education to an eligible recipient of such assistance; and
(2)
does not have—
(A)
an employer identification number; or
(B)
an account with a domestic bank.

SEC. 215. Improving Transparency and Accountability of Educational Institutions for Purposes of Veterans Educational Assistance.

(a)
Requirement Relating to G.I. Bill Comparison Tool.—
(1)
Requirement to maintain tool.— The Secretary of Veterans Affairs shall maintain the G.I. Bill Comparison Tool that was established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving service members, veterans, spouses, and other family members) and in effect on the day before the date of enactment of this Act, or a successor tool, to provide relevant and timely information about programs of education approved under chapter 36 of title 38, United States Code, and the educational institutions that offer such programs.
(2)
Data retention.— The Secretary shall ensure that historical data that is reported via the tool maintained under paragraph (1) remains easily and prominently accessible on the benefits.va.gov website, or a successor website, for a period of not less than six years from the date of initial publication.
(b)
Providing Timely and Relevant Education Information to Veterans, Members of the Armed Forces, and Other Individuals.—
(1)
In general.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall make such changes to the tool maintained under subsection (a) as the Secretary of Veterans Affairs determines appropriate to ensure that such tool is an effective and efficient method for providing information pursuant to section 3698(b)(5) of title 38, United States Code.
(2)
Memorandum of understanding required.— Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into a memorandum of understanding with the Secretary of Education and the heads other relevant Federal agencies, as the Secretary of Veterans Affairs determines appropriate, to obtain information on outcomes with respect to individuals who are entitled to educational assistance under the laws administered by the Secretary of Veterans Affairs and who are attending educational institutions. Such memorandum of understanding may include data sharing or computer matching agreements.
(3)
Modification of scope of comprehensive policy on providing education information.— Section 3698 of title 38, United States Code, is amended—
(A)
in subsection (a), by striking “ veterans and members of the Armed Forces” and inserting “ individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs”; and
(B)
in subsection (b)(5)—
(i)
by striking “ veterans and members of the Armed Forces” and inserting “ individuals described in subsection (a)”; and
(ii)
by striking “ the veteran or member” and inserting “ the individual”.
(4)
G.I. bill comparison tool required disclosures.— Paragraph (1) of subsection (c) of such section is amended—
(A)
by striking subparagraph (B) and inserting the following:

“(B) for each individual described in subsection (a) seeking information provided under subsection (b)(5), the name of each Federal student aid program, and a description of each such program, from which the individual may receive educational assistance; and”

(B)
in subparagraph (C)—
(i)
in clause (i), by inserting “ and a definition of each type of institution” before the semicolon;
(ii)
in clause (iv), by inserting “ and if so, which programs” before the semicolon;
(iii)
by striking clause (v) and inserting the following:

“(v) the average annual cost and the total cost to earn an associate’s degree and a bachelor’s degree, with available cost information on any other degree or credential the institution awards;”

(iv)
in clause (vi), by inserting before the semicolon the following:

“(I) the type of beneficiary of educational assistance;

“(II) individuals who received a credential and individuals who did not; and

“(III) individuals using educational assistance under laws administered by the Secretary and individuals who are not;”

(v)
in clause (xiv), by striking “ and” at the end;
(vi)
in clause (xv), by striking the period at the end and inserting a semicolon; and
(vii)
by adding at the end the following new clauses:

“(xvi) the number of veterans or members who completed covered education at the institution leading to—

“(I) a degree, disaggregated by type of program, including—

“(aa) an associate degree;

“(bb) a bachelor’s degree; and

“(cc) a postbaccalaureate degree; and

“(II) a certificate or professional license, disaggregated by type of certificate or professional license;

“(xvii) programs available and the average time for completion of each program;

“(xviii) employment rate and median income of graduates of the institution in general two and five years after graduation, disaggregated by—

“(I) specific program; and

“(II) individuals using educational assistance under laws administered by the Secretary and individuals who are not; and

“(xix) the number of individuals using educational assistance under laws administered by the Secretary who are enrolled in the both the institution and specific program per year.”

(5)
Clarity and anonymity of information provided.— Paragraph (2) of such subsection is amended—
(A)
by inserting “ (A)” before “ To the extent”; and
(B)
by adding at the end the following new subparagraph:

“(B) The Secretary shall ensure that information provided pursuant to subsection (b)(5) is provided in a manner that is easy for, and accessible to, individuals described in subsection (a).

“(C) In providing information pursuant to subsection (b)(5), the Secretary shall maintain the anonymity of individuals described in subsection (a) and, to the extent that a portion of any data would undermine such anonymity, ensure that such data is not made available pursuant to such subsection.”

(c)
Improvements for Student Feedback.—
(1)
In general.— Subsection (b)(2) of such section is amended—
(A)
by amending subparagraph (A) to read as follows:

“(A) provides institutions of higher learning—

“(i) up to 30 days to review and respond to feedback from individuals described in subsection (a) and address issues regarding the feedback before the feedback is published; and

“(ii) if an institution of higher learning contests the accuracy of the feedback, the opportunity to challenge the inclusion of such data with an official appointed by the Secretary;”

(B)
in subparagraph (B), by striking “ and” at the end;
(C)
in subparagraph (C), by striking “ that conforms with criteria for relevancy that the Secretary shall determine.” and inserting “ , and responses from institutions of higher learning to such feedback, that conform with criteria for relevancy that the Secretary shall determine;”; and
(D)
by adding at the end the following new subparagraphs:

“(D) for each institution of higher learning that is approved under this chapter, retains, maintains, and publishes all of such feedback for not less than six years; and

“(E) is easily accessible to individuals described in subsection (a) and to the general public.”

(2)
Accessibility from g.i. bill comparison tool.— The Secretary shall ensure that—
(A)
the feedback tracked and published under subsection (b)(2) of such section, as amended by paragraph (1), is prominently displayed in the tool maintained under subsection (a) of this section; and
(B)
when such tool displays information for an institution of higher learning, the applicable feedback is also displayed for such institution of higher learning.
(d)
Training for Provision of Education Counseling Services.—
(1)
In general.— Not less than one year after the date of the enactment of this Act, the Secretary shall ensure that personnel employed by the Department of Veteran Affairs, or a contractor of the Department, to provide education benefits counseling, vocational or transition assistance, or similar functions, including employees or contractors of the Department who provide such counseling or assistance as part of the Transition Assistance Program, are trained on how—
(A)
to use properly the tool maintained under subsection (a); and
(B)
to provide appropriate educational counseling services to individuals described in section 3698(a) of such title, as amended by subsection (b)(3)(A).
(2)
Transition assistance program defined.— In this subsection, the term “Transition Assistance Program” means the program of counseling, information, and services under section 1142 of title 10, United States Code.

Subtitle B Employment and Training

SEC. 221. Improvements to Reemployment Rights of Members of the Armed Forces.

(a)
USERRA Purposes.— Section 4301(a)(1) of title 38, United States Code, is amended by striking “ encourage noncareer service in the uniformed services” and inserting “ encourage service in the uniformed services”.
(b)
Prohibition of Retaliation.— Subsection (b) of section 4311 of title 38, United States Code, is amended by inserting “ or other retaliatory action” after “ employment action”.
(c)
Expansion of Injunctive Relief.— Subsection (e) of section 4323 of such title is amended—
(1)
by striking “ The court shall use” and inserting “ (1) The court shall use”; and
(2)
by adding at the end the following new paragraphs:

“(2) A person bringing an action to enforce a provision of this chapter pursuant to subsection (a) shall be entitled to an injunction under paragraph (1) if such person demonstrates—

“(A) a violation—

“(i) of the provisions of this chapter; or

“(ii) of the provisions of this chapter is threatened or is imminent;

“(B) the harm to the person outweighs the injury to the employer;

“(C) a likelihood of success on the merits of such action; and

“(D) awarding such relief is in the public interest.

“(3) The court may not deny a motion for injunctive relief on the basis that a party bringing an action to enforce a provision of this chapter may be awarded wages unearned due to an unlawful termination or denial of employment at the conclusion of such action.”

(d)
Damages Against a State or Private Employer.— Section 4323 of such title is further amended, in paragraph (1) of subsection (d), by striking subparagraph (C) and inserting the following new subparagraphs:

“(C) The court may require the employer to pay the person the amount referred to in subparagraph (B) and interest on such amount, calculated at a rate of 3 percent per year.

“(D) The court may require the employer to pay the person the greater of $50,000 or the amount equal to the amounts referred to in subparagraphs (B) and (C) as liquidated damages, if the court determines that the employer knowingly failed to comply with the provisions of this chapter.”

(e)
Mandatory Attorney Fees Award in Successful Actions for Reemployment.—
(1)
MSPB actions.— Paragraph (4) of subsection (c) of section 4324 of such title is amended—
(A)
by striking “ may, in its discretion,” and inserting “ shall”; and
(B)
by adding at the end the following new sentence: “ The Board may, in its discretion, award reasonable attorney fees in a case settled before the issuance of an order if the person can demonstrate that significant attorney fees were incurred and that justice requires such an award.”.
(2)
Federal circuit actions.— Subsection (d) of such section is amended by adding at the end the following new paragraph:

“(3) In such Federal Circuit proceeding, the court shall award such person reasonable attorney fees, expert witness fees, and other litigation expenses if such person—

“(A) prevails in such Federal Circuit proceeding; and

“(B) is not represented by the Special Counsel in such Federal Circuit proceeding.”

(3)
Actions against a state or private employer.— Paragraph (2) of section 4323(h) of such title is amended—
(A)
by striking “ subsection (a)(2)” and inserting “ subsection (a)(3)”; and
(B)
by striking “ the court may award any such person who prevails in such action or proceeding reasonable attorney fees” and inserting “ the court shall award any such person who prevails in such action or proceeding reasonable attorney fees”.
(f)
GAO Review and Report on USERRA.—
(1)
Review.— The Comptroller General of the United States shall review the methods through which the Secretary of Labor, acting through the Veterans’ Employment and Training Service, processes actions for relief under chapter 43 of title 38, United States Code.
(2)
Elements.— Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes—
(A)
the findings of the review required under paragraph (1);
(B)
an identification of the number of actions for relief under chapter 43 of title 38, United States Code, initiated during the period covered by the report, disaggregated by size of employer and geographic region;
(C)
an identification of the number of such actions for relief that were erroneously dismissed, as determined by the Comptroller General;
(D)
an identification of the number of such actions for relief that were referred to the Department of Justice; and
(E)
an assessment of trends, if any, in such actions for relief initiated during such period.
(g)
GAO Review of Protections for Members of the Uniformed Services by Federal Intelligence Agencies.—
(1)
In general.— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the processes and procedures adopted and used by the intelligence community to provide the protections for members of the uniformed services otherwise established under chapter 43 of title 38, United States Code.
(2)
Definitions.— In this subsection:
(A)
The term “appropriate congressional committees” means the Committees on Veterans’ Affairs of the House of Representatives and Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate.
(B)
The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

SEC. 222. Review of Investigations Manual of Veterans’ Employment and Training Service.

(a)
In General.— Not later than one year after the date of the enactment of this Act, and once every two years thereafter for the period of five years beginning on such date, the Secretary of Labor, shall review the manual of the Department of Labor titled “Veterans’ Employment and Training Service Investigations Manual: USERRA, VEOA, and VP” (or a successor manual) and make such revisions to such manual as the Secretary determines appropriate.
(b)
Report.— Not later than 90 days after any date on which the Secretary completes a review required under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate—
(1)
a report that includes a description of any revision to such manual made pursuant to such review; and
(2)
a copy of the entire such manual which—
(A)
shall be provided to the Chairman and Ranking Member of each such committee; and
(B)
may contain a separate addendum for portions of the manual that contain law enforcement sensitive materials.

SEC. 223. Warrior Training Advancement Course.

(a)
Reports Required.—
(1)
Initial report.— Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on WARTAC.
(2)
Annual report.— One year after the submission of the report required under paragraph (1) and annually thereafter, the Secretary shall submit to such Committees a report that contains the elements under paragraphs (1) and (3) of subsection (b) with regards to the preceding year.
(3)
Elements.— Except as provided in subsection (a)(2), the reports under this subsection shall include the following elements:
(A)
Best practices.— With regards to best practices of WARTAC—
(i)
how many covered members have applied to participate in WARTAC;
(ii)
how many covered members have participated in WARTAC;
(iii)
how the Secretary provides training to covered members during TAP;
(iv)
how many covered members have completed WARTAC; and
(v)
any other information the Secretary determines appropriate.
(B)
Cost savings.— With regards to cost savings of WARTAC—
(i)
how much money the Secretary determines WARTAC saves the United States each fiscal year;
(ii)
how much money the Secretary determines WARTAC has saved the United States since its establishment; and
(iii)
the determination of the Secretary whether other Federal agencies may save money by establishing a program similar to WARTAC.
(C)
Hiring.— With regards to hiring covered members who complete WARTAC—
(i)
how the Secretary identifies positions in the Department of Veterans Affairs for which such covered members may qualify;
(ii)
the grades of such positions on the General Schedule under section 5332 of title 5, United States Code; and
(iii)
how many such covered members the Secretary has hired to such positions.
(4)
Distribution.— Not later than 30 days after submitting the report under paragraph (1), the Secretary of Veterans Affairs shall transmit a copy of such report to the head of each Federal agency.
(5)
Definitions.— In this subsection:
(A)
The term “covered member” means members of the Armed Forces participating in TAP.
(B)
The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
(C)
The term “WARTAC” means the Warrior Training Advancement Course of the Veterans Benefit Administration, in which the Secretary provides training to covered members so such covered members may qualify for certain employment in the Veterans Benefit Administration.
(b)
Best Practices for Other Departments.— The Assistant Secretary of Labor for Veterans’ Employment and Training shall, in consultation with the Secretary of Veterans Affairs, establish guidelines containing best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include the findings of the initial report required under subsection (a)(1).
(c)
Pilot Program.—
(1)
Establishment.— The Secretary of the Interior shall, in consultation with the Secretary of Labor and the Secretary of Veterans Affairs, establish a pilot program to proactively inform veterans of available employment positions that relate to the conservation and resource management activities of the Department of the Interior.
(2)
Positions.— The Secretary of the Interior shall—
(A)
identify vacant positions in the Department of the Interior that are appropriate to fill using the pilot program; and
(B)
to the maximum extent practicable, provide assistance to veterans in selecting one or more vacant positions to apply to, for which that veteran may be best qualified.
(3)
Reports.—
(A)
Implementation report.— Not later than one year after the date on which the pilot program under paragraph (1) commences, the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly provide to the appropriate congressional committees a report on the implementation of the pilot program.
(B)
Final report.— Not later than 30 days after the date on which the pilot program under paragraph (1) terminates under paragraph (4), the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly submit to the appropriate congressional committees a report on the pilot program that includes the following:
(i)
The number of veterans who applied to participate in the pilot program.
(ii)
The number of such veterans employed under the pilot program.
(iii)
The number of veterans identified in clause (ii) who transitioned to full-time positions with the Federal Government after participating in the pilot program.
(iv)
Any other information the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor determine appropriate with respect to measuring the effectiveness of the pilot program.
(4)
Termination.— The authority to carry out the pilot program under this subsection shall terminate on the date that is two years after the date on which the pilot program commences.
(5)
Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Veterans’ Affairs and the Committee on Energy and Natural Resources of the Senate; and
(B)
the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives.
(d)
Outdoor Recreation Program Attendance.— The Secretary of the Interior and the Secretary of Agriculture are encouraged to work with the Secretary of Defense and the Secretary of Veterans Affairs to ensure members of the Armed Forces and veterans have access to outdoor recreation and outdoor-related volunteer and wellness programs as part of the basic services provided to such members and veterans.

Subtitle C Home Loans

SEC. 231. Improvements to Program for Direct Housing Loans Made to Native American Veterans by the Secretary of Veterans Affairs.

(a)
General Authorities and Requirements.—
(1)
Direct housing loans to native american veterans.— Section 3762(a) of title 38, United States Code, is amended to read as follows:

“(a) The Secretary may make a direct housing loan to a Native American veteran under this subchapter if the Secretary ensures the following:

“(1) That each Native American veteran to whom the Secretary makes a direct housing loan under this subchapter—

“(A) holds, possesses, or purchases using the proceeds of the loan a meaningful interest in a lot or dwelling (or both) that is located on trust land; and

“(B) will purchase, construct, or improve (as the case may be) a dwelling on the lot using the proceeds of the loan.

“(2) That each such Native American veteran will convey to the Secretary by an appropriate instrument the interest referred to in paragraph (1)(A) as security for a direct housing loan under this subchapter.

“(3) That the Secretary, including the Secretary’s employees or agents, may enter upon the trust land for the purposes of carrying out such actions as the Secretary determines are necessary, including—

“(A) to evaluate the advisability of the loan;

“(B) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan; and

“(C) to manage any servicing or post-foreclosure activities, including acquisition, property inspections, and property management.

“(4) That there are established standards and procedures that apply to the foreclosure of the interest conveyed by a Native American veteran pursuant to paragraph (2), including—

“(A) procedures for foreclosing the interest; and

“(B) procedures for the resale of the lot or dwelling (or both) purchased, constructed, or improved using the proceeds of the loan.

“(5) That the loan is made in a responsible and prudent manner, subject to standards and procedures as are necessary for the reasonable protection of the financial interests of the United States.”

(2)
Memorandums of understanding, agreements, and determinations.— Section 3762(b) of such title is amended to read as follows:

“(b)

(1) To carry out the purpose of subsection (a), the Secretary may—

“(A) enter into a memorandum of understanding with a tribal organization, other entity, or individual;

“(B) rely on agreements or determinations of other Federal agencies to guarantee, insure, or make loans on trust land; and

“(C) enter into other agreements or take such other actions as the Secretary determines necessary.

“(2) If the Secretary determines that the requirements under subsection (a) are not being enforced by a tribal organization, other entity, or individual that is a party to any memorandum of understanding, agreement, or determination described in paragraph (1), the Secretary may cease making new direct housing loans to Native American veterans under this subchapter within the area of the authority of the tribal organization, other entity, or individual (as the case may be).”

(b)
Direct Loans to Native American Veterans To Refinance Existing Mortgage Loans.— Section 3762(h) of such title is amended to read as follows:

“(h) The Secretary may make direct loans to Native American veterans in order to enable such veterans to refinance existing mortgage loans for any of the following purposes:

“(1) To refinance an existing loan made under this section, if the loan—

“(A) meets the requirements set forth in subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of this title;

“(B) will bear an interest rate at least one percentage point less than the interest rate borne by the loan being refinanced; and

“(C) complies with paragraphs (2) and (3) of section 3710(e) of this title, except that for the purposes of this subsection the reference to subsection (a)(8) of section 3710 of this title in such paragraphs (2) and (3) shall be deemed to be a reference to this subsection.

“(2) To refinance an existing mortgage loan not made under this section on a dwelling owned and occupied by the veteran as the veteran’s home, if all of the following requirements are met:

“(A) The loan will be secured by the same dwelling as was the loan being refinanced.

“(B) The loan will provide the veteran with a net tangible benefit.

“(C) The nature and condition of the property is such as to be suitable for dwelling purposes.

“(D) The amount of the loan does not exceed either of the following:

“(i) 100 percent of the reasonable value of the dwelling, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).

“(ii) An amount equal to the sum of the balance of the loan being refinanced and such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan.

“(E) Notwithstanding subparagraph (D), if a loan is made for both the purpose of this paragraph and to make energy efficiency improvements, the loan must not exceed either of the following:

“(i) 100 percent of the reasonable value of the dwelling as improved for energy efficiency, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).

“(ii) The amount referred to under subparagraph (D)(ii), plus the applicable amount specified under section 3710(d)(2) of this title.

“(F) The loan meets all other requirements the Secretary may establish under this subchapter.

“(G) The existing mortgage being refinanced is a first lien on the property and secured of record.

“(3) To refinance an existing mortgage loan to repair, alter, or improve a dwelling owned by the veteran and occupied by the veteran as the veteran’s home, if all of the following requirements are met:

“(A) The loan will be secured by the same dwelling as was the loan being refinanced.

“(B) The nature and condition of the property is such as to be suitable for dwelling purposes, and the repair, alteration, or improvement substantially protects or improves the basic livability or utility of such property.

“(C) The amount of the loan, including the costs of repairs, alterations, and improvements, does not exceed either of the following:

“(i) 100 percent of the reasonable value of the dwelling as repaired, altered, or improved, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).

“(ii) An amount equal to the sum of—

“(I) the balance of the loan being refinanced;

“(II) the actual cost of repairs, alterations, or improvements; and

“(III) such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan.

“(D) The loan meets all other requirements the Secretary may establish under this subchapter.

“(E) The existing mortgage loan being refinanced is a first lien on the property and secured of record.”

(c)
Expansion of Outreach Program on Availability of Direct Housing Loans for Native American Veterans.— Section 3762(i)(2) of such title is amended by adding at the end the following new subparagraph:

“(G) Pursuant to subsection (g)(4), assisting Native American veterans in qualifying for mortgage financing by—

“(i) partnering with local service providers, such as tribal organizations, tribally designated housing entities, Native community development financial institutions, and nonprofit organizations, for conducting outreach, homebuyer education, housing counseling, and post-purchase education; and

“(ii) providing other technical assistance as needed.

“(H) Attending conferences and conventions conducted by the network of Native community development financial institutions and other Native American homeownership organizations to provide information and training to Native community development financial institutions about the availability of the relending program under section 3762A of this title.”

(d)
Adequate Personnel.— Section 3762 of such title is amended by adding at the end the following new subsection:

“(k) The Secretary shall assign a sufficient number of personnel of the Department dedicated to carrying out the authority of the Secretary under this subchapter, including construction and valuation specialists to assist with issues unique to new construction and renovations on trust land.”

(e)
Definitions.— Section 3765 of such title is amended—
(1)
in paragraph (1)—
(A)
by amending subparagraph (C) to read as follows:

“(C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));”

(B)
in subparagraph (D), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following new subparagraphs:

“(E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or

“(F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans.”

; and

(2)
by adding at the end the following new paragraphs:

“(6) The term ‘community development financial institution’ has the meaning given that term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).

“(7) The term ‘Indian Tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

“(8) The term ‘Native community development financial institution’ means any entity—

“(A) that has been certified as a community development financial institution by the Secretary of the Treasury;

“(B) that is not less than 51 percent owned or controlled by Native Americans; and

“(C) for which not less than 51 percent of the activities of the entity serve Native Americans.

“(9) The term ‘net tangible benefit’ shall have such meaning as the Secretary determines appropriate, but shall include the refinance of an interim construction loan.

“(10) The term ‘other technical assistance’ means services to assist a Native American veteran to navigate the steps necessary for securing a mortgage loan on trust land, including pre-development activities related to utilities, identifying appropriate residential construction services, and obtaining lease clearances and title status reports from the applicable tribal organization or the Bureau of Indian Affairs.

“(11) The term ‘tribally designated housing entity’ has the meaning given that term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).”

(f)
Interest Rate Reduction Financing Loan.— Section 3729(b)(4)(F) of such title is amended by striking “ 3762(h)” and inserting “ 3762(h)(1)”.
(g)
Regulations.— Section 3761 of such title is amended by adding at the end the following new subsection:

“(c) The Secretary shall prescribe such regulations as may be necessary to carry out this subchapter.”

SEC. 232. Native Community Development Financial Institution Relending Program.

(a)
In General.— Subchapter V of chapter 37 of title 38, United States Code, is amended by inserting after section 3762 the following new section:

Ҥ 3762A. Native community development financial institution relending program

“(a) Purpose.—The Secretary may make a loan to a Native community development financial institution for the purpose of allowing the institution to relend loan amounts to qualified Native American veterans, subject to the requirements of this section.

“(b) Standards.—

(1) The Secretary shall establish standards to be used in evaluating whether to make a loan to a Native community development financial institution under this section.

“(2) In establishing standards under paragraph (1), the Secretary shall ensure that a Native community development financial institution—

“(A) is able to originate and service loans for single-family homes;

“(B) is able to operate the relending program in a manner consistent with the mission of the Department to serve veterans; and

“(C) uses loan amounts received under this section only for the purpose of relending, as described in subsection (c), to Native American veterans.

“(c) Relending Requirements.—

(1) A Native community development financial institution that receives a loan under this section shall use the loan amounts to make loans to Native American veterans residing on trust land.

“(2) A loan to a Native American veteran made by a Native community development financial institution under paragraph (1) shall—

“(A) be limited either to the purpose of purchase, construction, or improvement of a dwelling located on trust land or to the refinance of an existing mortgage loan for a dwelling on trust land, consistent with the requirements of section 3762(h) of this title; and

“(B) comply with such terms and conditions as the Secretary determines are necessary to protect against predatory lending, including the interest rate charged on a loan to a Native American veteran.

“(d) Repayment.—A loan made to a Native community development financial institution under this section shall—

“(1) be payable to the Secretary upon such terms and conditions as are prescribed in regulations pursuant to this subchapter; and

“(2) bear interest at a rate of one percent.

“(e) Oversight.—Subject to notice and opportunity for a hearing, whenever the Secretary finds with respect to loans made under subsection (a) or (c) that any Native community development financial institution has failed to maintain adequate loan accounting records, to demonstrate proper ability to service loans adequately, or to exercise proper credit judgment, or that such Native community development financial institution has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may take such actions as the Secretary determines necessary to protect veterans or the Government, such as requiring immediate repayment of any loans made under subsection (a) and the assignment to the Secretary of loans made under subsection (c).

“(f) Sunset.—The Secretary may not make a loan under this section after September 30, 2027.”

(b)
Clerical Amendment.— The table of sections at the beginning of chapter 37 of such title is amended by inserting after the item relating to section 3762 the following new item:

“3762A. Native community development financial institution relending program.”.

(c)
Native American Veteran Housing Loan Program Account.— Section 3763 of such title is amended by adding at the end the following new subsection:

“(c) Of amounts available in the Account, the Secretary may use for loans made under section 3762A of this title—

“(1) in fiscal year 2025, not more than $5,000,000; and

“(2) in any fiscal year after fiscal year 2025, an amount determined necessary by the Secretary to meet the demand for such loans.”