II 

116TH CONGRESS 

2D SESSION S. 3899 

To direct the Secretary of Veterans Affairs to carry out a retraining 

assistance program for unemployed veterans, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2020 

Mr. MORAN (for himself, Mr. TESTER, Mr. BLUMENTHAL, Mr. CRAMER, and 

Ms. HIRONO) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of Veterans Affairs to carry out 

a retraining assistance program for unemployed veterans, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Economic 

5 Recovery Act of 2020’’. 

6 SEC. 2. COVID–19 VETERAN RAPID RETRAINING ASSIST7 ANCE PROGRAM. 

8 (a) IN GENERAL.—The Secretary of Veterans Affairs 

9 shall carry out a program under which the Secretary shall 


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1 provide up to 12 months of retraining assistance to eligible 

2 veterans for the pursuit of covered programs of education. 

3 (b) ELIGIBLE VETERANS.— 

4 (1) IN GENERAL.—For purposes of this section, 

5 an eligible veteran is a veteran who— 

6 (A) as of the date of the submittal by the 

7 veteran of an application for assistance under 

8 this section— 

9 (i) is at least 25 years of age but not 

10 more than 60 years of age; 

11 (ii) is unemployed by reason of a cov12 ered public health emergency, as certified 

13 by the veteran; and 

14 (iii) is not eligible to receive edu15 cational assistance under chapter 30, 31, 

16 32, 33, or 35 of title 38, United States 

17 Code, or chapter 1606 or 1607 of title 10, 

18 United States Code; 

19 (B) is not enrolled in any Federal or State 

20 jobs program; 

21 (C) is not in receipt of compensation for a 

22 service-connected disability rated totally dis23 abling by reason of unemployability; and 

24 (D) will not be in receipt of unemployment 

25 compensation (as defined in section 85(b) of the 


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1 Internal Revenue Code of 1986), including any 

2 cash benefit received pursuant to subtitle A of 

3 title II of division A of the CARES Act (Public 

4 Law 116–136), as of the first day on which the 

5 veteran would pursue a covered program of 

6 education using retraining assistance under this 

7 section. 

8 (2) TREATMENT OF VETERANS WHO TRANSFER

9 ENTITLEMENT.—For purposes of paragraph 

10 (1)(A)(iii), a veteran who has transferred all of the 

11 veteran’s entitlement to educational assistance under 

12 section 3319 of title 38, United States Code, shall 

13 be considered to be a veteran who is not eligible to 

14 receive educational assistance under chapter 33 of 

15 such title. 

16 (3) FAILURE TO COMPLETE.—Any veteran who 

17 receives retraining assistance under this section to 

18 pursue a covered program of education and who fails 

19 to complete the program of education shall not be el20 igible to receive additional assistance under this sec21 tion. 

22 (c) COVERED PROGRAMS OF EDUCATION.— 

23 (1) IN GENERAL.—For purposes of this section, 

24 a covered program of education is a program of edu25 cation (as such term is defined in section 3452(b) of 


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1 title 38, United States Code) for training, pursued 

2 by the veteran on a full-time or part-time basis— 

3 (A)(i) that is approved under chapter 36 of 

4 title 38, United States Code; 

5 (ii) with respect to which a show cause 

6 order has not been issued by a State approving 

7 agency under such chapter during the five-year 

8 period preceding the date on which an eligible 

9 veteran begins to pursue such program; 

10 (iii) that does not lead to a bachelors or 

11 graduate degree; and 

12 (iv) that is designed to provide training for 

13 a high-demand occupation, as determined under 

14 paragraph (2); or 

15 (B) is a high technology program of edu16 cation offered by a qualified provider, under the 

17 meaning of such terms in section 116 of the 

18 Harry W. Colmery Veterans Educational As19 sistance Act of 2017 (Public Law 115–48; 38 

20 U.S.C. 3001 note). 

21 (2) DETERMINATION OF HIGH-DEMAND OCCU22 PATIONS.— 

23 (A) INITIAL IMPLEMENTATION.—In car24 rying out this section, to determine whether a 

25 covered program of education is designed to 


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1 provide training for high-demand occupations, 

2 the Secretary of Veterans Affairs shall use the 

3 list of high-demand occupations compiled by the 

4 Commissioner of Labor Statistics until the final 

5 list is issued under subparagraph (C). 

6 (B) STUDY REQUIRED.— 

7 (i) IN GENERAL.—The Secretary shall 

8 enter into an agreement with a federally 

9 funded research and development corpora10 tion or another appropriate entity outside 

11 of the Department of Veterans Affairs for 

12 the conduct of a study to determine which 

13 occupations are high-demand occupations. 

14 (ii) DEADLINE.—The study described 

15 in clause (i) shall be completed not later 

16 than 30 days after the date of the enact17 ment of this Act. 

18 (C) FINAL LIST.—The Secretary— 

19 (i) may add or remove one or more 

20 occupations from the list in use pursuant 

21 to subparagraph (A) during the 60-day pe22 riod following the completion of the study 

23 required by subparagraph (B); 

24 (ii) shall issue a final list of high-de25 mand occupations for use under this secVerDate Sep 11 2014 20:03 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 tion by not later than 60 days after the 

2 date of the completion of the study; and 

3 (iii) shall make such final list publicly 

4 available on a website of the Department. 

5 (D) USE OF LIST.—The Secretary shall 

6 use the final list issued under subparagraph (C) 

7 to determine whether a program of education is 

8 designed to provide training for high-demand 

9 occupations. 

10 (E) REMOVAL OF OCCUPATIONS.—The 

11 Secretary may remove occupations from the 

12 final list issued under subparagraph (C) as the 

13 Secretary determines appropriate. 

14 (d) AMOUNT OF ASSISTANCE.— 

15 (1) RETRAINING ASSISTANCE.—The Secretary 

16 of Veterans Affairs shall provide to an eligible vet17 eran pursuing a covered program of education under 

18 the retraining assistance program under this section 

19 an amount equal to the amount of educational as20 sistance payable under section 3313(c)(1)(A) of title 

21 38, United States Code. 

22 (2) PAYMENTS.—Amounts described in para23 graph (1) shall be payable directly to the educational 

24 institution offering the covered program of education 

25 pursued by the veteran as follows: 


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1 (A) 50 percent of the total amount payable 

2 shall be paid on the date on which the eligible 

3 veteran begins the covered program of edu4 cation. 

5 (B) 25 percent of the total amount payable 

6 shall be paid on the date on which the eligible 

7 veteran completes the covered program of edu8 cation. 

9 (C) 25 percent of the total amount payable 

10 shall be paid on the date on which the eligible 

11 veteran finds employment in a field related to 

12 the covered program of education. 

13 (3) FAILURE TO COMPLETE.—In the case of an 

14 eligible veteran who pursues a covered program of 

15 education under the retraining assistance program 

16 under this section, but who does not complete the 

17 program of education, the Secretary shall pay to the 

18 educational institution offering such program of edu19 cation a pro-rated amount based on the number of 

20 months the veteran pursued the program of edu21 cation— 

22 (A) under paragraph (2)(B), which shall 

23 be payable on the date on which the veteran 

24 provides notice to the educational institution 


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1 that the veteran no longer intends to pursue the 

2 program of education; and 

3 (B) under paragraph (2)(C), which shall 

4 by payable only if the veteran finds employment 

5 in a field related to the program of education 

6 during the 180-day period beginning on the 

7 date on which the veteran withdraws from the 

8 program of education. 

9 (4) HOUSING STIPEND.—For each month that 

10 an eligible veteran pursues a covered program of 

11 education under the retraining assistance program 

12 under this section, the Secretary shall pay to the 

13 veteran a monthly housing stipend in an amount 

14 equal to— 

15 (A) in the case of a covered program of 

16 education at an institution of higher learning 

17 (as that term is defined in section 3452(f) of 

18 title 38, United States Code) pursued on more 

19 than a half-time basis, the amount specified 

20 under subsection (c)(1)(B) of section 3313 of 

21 title 38, United States Code; 

22 (B) in the case of a covered program of 

23 education at an institution other than an insti24 tution of higher learning pursued on more than 


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1 a half-time basis, the amount specified under 

2 subsection (g)(3)(A)(ii) of such section; 

3 (C) in the case of a covered program of 

4 education pursued on less than a half-time 

5 basis, the amount specified under subsection 

6 (f)(2)(A)(ii) of such section; or 

7 (D) in the case of a covered program of 

8 education pursued solely through distance 

9 learning on more than a half-time basis, the 

10 amount specified under subsection (c)(1)(B)(iii) 

11 of such section. 

12 (5) FAILURE TO FIND EMPLOYMENT.—The 

13 Secretary shall not make a payment under para14 graph (2)(C) with respect to an eligible veteran who 

15 completes or fails to completes a covered program of 

16 education under the retraining assistance program 

17 under this section if the veteran fails to find employ18 ment in a field related to the program of education 

19 within the 180-period beginning on the date on 

20 which the veteran withdraws from or completes the 

21 program. 

22 (e) USE OF ASSISTANCE.—Each eligible veteran who 

23 receives retraining assistance under this section may use 

24 such assistance only to pursue a covered program of edu25 cation. 


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1 (f) RELATION TO OTHER EDUCATIONAL ASSISTANCE

2 AND BENEFITS.—Retraining assistance provided under 

3 this section shall be in addition to any other entitlement 

4 to educational assistance or benefits for which an eligible 

5 veteran is, or has been, eligible 

6 (g) NO TRANSFERABILITY.—Retraining assistance 

7 provided under this section may not be transferred to an8 other individual. 

9 (h) EMPLOYMENT ASSISTANCE.— 

10 (1) IN GENERAL.—The Secretary of Labor shall 

11 contact each eligible veteran who pursues a covered 

12 program of education under this section— 

13 (A) not later than 30 days after the date 

14 on which the veteran begins the program of 

15 education to notify the veteran of the avail16 ability of employment placement services upon 

17 completion of the program; and 

18 (B) not later than 14 days after the date 

19 on which the veteran completes, or terminates 

20 participation in, such program to facilitate the 

21 provision of employment placement services to 

22 such veteran. 

23 (2) PROVISION OF INFORMATION.—The Sec24 retary of Veterans Affairs shall provide to the SecVerDate Sep 11 2014 20:03 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 retary of Labor such information as may be nec2 essary to carry out paragraph (1). 

3 (i) NONPROFIT ORGANIZATION.— 

4 (1) IN GENERAL.—The Secretary of Veterans 

5 Affairs may enter into a memorandum of under6 standing with one or more qualified nonprofit orga7 nizations for the purpose of facilitating the employ8 ment of eligible veterans who participate in the re9 training assistance program under this section. 

10 (2) QUALIFIED NONPROFIT ORGANIZATION.— 

11 For purposes of this subsection, a qualified non12 profit organization is a nonprofit organization 

13 that— 

14 (A) is an association of businesses; and 

15 (B) has at least two years of experience 

16 providing job placement services for veterans. 

17 (j) FOLLOW UP OUTREACH.—The Secretary of Vet18 erans Affairs, in coordination with the Secretary of Labor, 

19 shall contact each veteran who completes a covered pro20 gram of education under the retraining assistance pro21 gram under this section 30 days, 60 days, 90 days, and 

22 180 days after the veteran completes such program of edu23 cation to ask the veteran about— 

24 (1) the experience of the veteran in the retrain25 ing assistance program; and 


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1 (2) the veteran’s employment status. 

2 (k) TIME FRAME FOR PARTICIPATION.—An eligible 

3 veteran who participates in the retraining assistance pro4 gram under this section shall— 

5 (1) begin a program of education by not later 

6 than 150 days after the date of the enactment of 

7 this Act; and 

8 (2) complete such program of education by not 

9 later than 17 months after the date of the enact10 ment of this Act. 

11 (l) LIMITATION.—Not more than 35,000 eligible vet12 erans may receive retraining assistance under this section. 

13 (m) TERMINATION.—No retraining assistance may 

14 be paid under this section after the date that is 17 months 

15 after the date of the enactment of this Act. 

16 (n) GAO REPORT.—Not later than 180 days after 

17 the termination of the retraining assistance program 

18 under subsection (m), the Comptroller General of the 

19 United States shall submit to the Committee on Veterans’ 

20 Affairs of the Senate and the Committee on Veterans’ Af21 fairs of the House of Representatives a report on the out22 comes and effectiveness of the program. 

23 (o) DEFINITIONS.—In this section: 

24 (1) ACTIVE MILITARY, NAVAL, OR AIR SERVICE; 

25 DISCHARGE OR RELEASE.—The terms ‘‘active miliVerDate Sep 11 2014 20:03 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 tary, naval, or air service’’ and ‘‘discharge or re2 lease’’ have the meanings given those terms in sec3 tion 101 of title 38, United States Code. 

4 (2) COVERED PUBLIC HEALTH EMERGENCY.— 

5 The term ‘‘covered public health emergency’’ 

6 means— 

7 (A) the public health emergency declared 

8 by the Secretary of Health and Human Services 

9 under section 319 of the Public Health Service 

10 Act (42 U.S.C. 247d) on January 31, 2020, 

11 with respect to Coronavirus Disease 2019 

12 (COVID–19); or 

13 (B) a domestic emergency declared, based 

14 on an outbreak of Coronavirus Disease 2019 

15 (COVID–19), by the President, the Secretary of 

16 Homeland Security, or a State or local author17 ity. 

18 (3) VETERAN.—The term ‘‘veteran’’ means— 

19 (A) a person who served in the active mili20 tary, naval, or air service, and who was dis21 charged or released therefrom under conditions 

22 other than dishonorable; or 

23 (B) a member of a reserve component of 

24 the Armed Forces who serves on active duty 

25 pursuant to section 502(f) of title 32, United 


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1 States Code, for a period of 30 days or longer 

2 by reason of a covered public health emergency. 

3 (p) FUNDING.— 

4 (1) IN GENERAL.—For each fiscal year for 

5 which the Secretary of Veterans Affairs provides re6 training assistance under this section, such sums as 

7 may be necessary shall be made available for such 

8 assistance from— 

9 (A) funds appropriated to, or otherwise 

10 made available to, the Department of Veterans 

11 Affairs for the payment of readjustment bene12 fits; and 

13 (B) funds appropriated to the Department 

14 under the CARES Act (Public Law 116–136). 

15 (2) ADMINISTRATIVE COSTS.—The Secretary 

16 may use up to $10,000,000 for administrative costs 

17 associated with carrying out this section from funds 

18 appropriated to, or otherwise made available to, the 

19 Department, including funds appropriated to the 

20 Department under the CARES Act (Public Law 

21 116–136). 


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1 SEC. 3. ACCESS FOR THE SECRETARIES OF LABOR AND 

2 VETERANS AFFAIRS TO THE FEDERAL DIREC3 TORY OF NEW HIRES. 

4 Section 453A(h) of the Social Security Act (42 

5 U.S.C. 653a(h)) is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(4) VETERAN EMPLOYMENT.—The Secretaries 

8 of Labor and of Veterans Affairs shall have access 

9 to information reported by employers pursuant to 

10 subsection (b) of this section for purposes of track11 ing employment of veterans.’’. 

12 SEC. 4. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF 

13 HIGH TECHNOLOGY PROGRAMS OF EDU14 CATION FOR VETERANS. 

15 Section 116 of the Harry W. Colmery Veterans Edu16 cational Assistance Act of 2017 (Public Law 115–48; 38 

17 U.S.C. 3001 note) is amended— 

18 (1) in subsection (b), by adding at the end the 

19 following: ‘‘The Secretary shall treat an individual as 

20 an eligible veteran if the Secretary determines that 

21 the individual shall become an eligible veteran fewer 

22 than 180 days after the date of such determina23 tion.’’; 

24 (2) in subsection (c)— 

25 (A) in paragraph (3)(A), by striking ‘‘has 

26 been operational for at least 2 years’’ and inVerDate Sep 11 2014 20:03 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 serting ‘‘employs instructors whom the Sec2 retary determines are experts in their respective 

3 fields in accordance with paragraph (6)’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(6) EXPERTS.—The Secretary shall determine 

7 whether instructors are experts under paragraph 

8 (3)(A) based on evidence furnished to the Secretary 

9 by the provider regarding the ability of the instruc10 tors to— 

11 ‘‘(A) identify professions in need of new 

12 employees to hire, tailor the programs to meet 

13 market needs, and identify the employers likely 

14 to hire graduates; 

15 ‘‘(B) effectively teach the skills offered to 

16 eligible veterans; 

17 ‘‘(C) provide relevant industry experience 

18 in the fields of programs offered to incoming el19 igible veterans; and 

20 ‘‘(D) demonstrate relevant industry experi21 ence in such fields of programs.’’; 

22 (3) in subsection (d), in the matter preceding 

23 paragraph (1), by inserting ‘‘(not including an indi24 vidual described in the second sentence of subsection 

25 (b))’’ after ‘‘each eligible veteran’’; 


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1 (4) in subsection (e), in the matter preceding 

2 paragraph (1), by inserting ‘‘, including a part-time 

3 program shorter than six months in duration,’’ after 

4 ‘‘means a program of education’’; 

5 (5) in subsection (g), by striking 

6 ‘‘$15,000,000’’ and inserting ‘‘$45,000,000’’; and 

7 (6) by adding at the end the following new sub8 section (i): 

9 ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF AS10 SISTANCE.—The Secretary may not consider enrollment in 

11 a high technology program of education under this section 

12 to be assistance under a provision of law referred to in 

13 section 3695 of title 38, United States Code.’’. 

14 SEC. 5. PILOT PROGRAM FOR OFF-BASE TRANSITION 

15 TRAINING FOR VETERANS AND SPOUSES. 

16 (a) EXTENSION OF PILOT PROGRAM.—Subsection 

17 (a) of section 301 of the Dignified Burial and Other Vet18 erans’ Benefits Improvement Act of 2012 (Public Law 

19 112–260; 10 U.S.C. 1144 note) is amended— 

20 (1) by striking ‘‘During the two-year period be21 ginning on the date of the enactment of this Act’’ 

22 and inserting ‘‘During the five-year period beginning 

23 on the date of the enactment of the Veterans Eco24 nomic Recovery Act of 2020’’; and 


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1 (2) by striking ‘‘to assess the feasibility and ad2 visability of providing such program to eligible indi3 viduals at locations other than military installa4 tions’’. 

5 (b) LOCATIONS.—Subsection (c) of such section is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) in the paragraph heading, by striking 

9 ‘‘STATES’’ and inserting ‘‘LOCATIONS’’; and 

10 (B) by striking ‘‘not less than three and 

11 not more than five States’’ and inserting ‘‘not 

12 fewer than 50 locations in States (as defined in 

13 section 101 of title 38, United States Code)’’; 

14 (2) in paragraph (2), by striking ‘‘at least two’’ 

15 and inserting ‘‘at least 20’’; and 

16 (3) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(5) PREFERENCES.—In selecting States for 

19 participation in the pilot program, the Secretary 

20 shall provide a preference for any State with— 

21 ‘‘(A) a high rate of usage of unemployment 

22 benefits for recently separated members of the 

23 Armed Forces; or 


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1 ‘‘(B) a labor force or economy that has 

2 been significantly impacted by a covered public 

3 health emergency. 

4 ‘‘(6) COVERED PUBLIC HEALTH EMERGENCY

5 DEFINED.—In this subsection, the term ‘covered 

6 public health emergency’ means— 

7 ‘‘(A) the public health emergency declared 

8 by the Secretary of Health and Human Services 

9 under section 319 of the Public Health Service 

10 Act (42 U.S.C. 247d) on January 31, 2020, 

11 with respect to Coronavirus Disease 2019 

12 (COVID–19); or 

13 ‘‘(B) a domestic emergency declared, based 

14 on an outbreak of Coronavirus Disease 2019 

15 (COVID–19), by the President, the Secretary of 

16 Homeland Security, or a State or local author17 ity.’’. 

18 (c) ANNUAL REPORT.—Subsection (e) of such section 

19 is amended by adding at the end the following new sen20 tence: ‘‘Each such report shall include information about 

21 the employment outcomes of the eligible individuals who 

22 received such training during the year covered by the re23 port.’’. 

24 (d) CONFORMING REPEAL.—Subsection (f) of such 

25 section is repealed. 


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1 SEC. 6. GRANTS FOR PROVISION OF TRANSITION ASSIST2 ANCE TO MEMBERS OF THE ARMED FORCES 

3 AFTER SEPARATION, RETIREMENT, OR DIS4 CHARGE. 

5 (a) IN GENERAL.—The Secretary of Veterans Affairs 

6 shall make grants to eligible organizations for the provi7 sion of transition assistance to members of the Armed 

8 Forces who are separated, retired, or discharged from the 

9 Armed Forces, and spouses of such members. 

10 (b) USE OF FUNDS.—The recipient of a grant under 

11 this section shall use the grant to provide to members of 

12 the Armed Forces and spouses described in subsection (a) 

13 resume assistance, interview training, job recruitment 

14 training, and related services leading directly to successful 

15 transition, as determined by the Secretary. 

16 (c) ELIGIBLE ORGANIZATIONS.—To be eligible for a 

17 grant under this section, an organization shall submit to 

18 the Secretary an application containing such information 

19 and assurances as the Secretary, in consultation with the 

20 Secretary of Labor, may require. 

21 (d) PRIORITY.—In making grants under this section, 

22 the Secretary shall give priority to an organization that— 

23 (1) provides multiple forms of services described 

24 in subsection (b); or 

25 (2) is located in a State with— 


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1 (A) a high rate of unemployment among 

2 veterans; 

3 (B) a high rate of usage of unemployment 

4 benefits for recently separated members of the 

5 Armed Forces; or 

6 (C) a labor force or economy that has been 

7 significantly impacted by a covered public 

8 health emergency (as such term is defined in 

9 section 2(o)(2)). 

10 (e) AMOUNT OF GRANT.—A grant under this section 

11 shall be in an amount that does not exceed 50 percent 

12 of the amount required by the organization to provide the 

13 services described in subsection (b). 

14 (f) DEADLINE.—The Secretary shall carry out this 

15 section not later than six months after the date of the 

16 enactment of this Act. 

17 (g) TERMINATION.—The authority to provide a grant 

18 under this section shall terminate on the date that is five 

19 years after the date on which the Secretary implements 

20 the grant program under this section. 

21 (h) FUNDING.— 

22 (1) IN GENERAL.—For each fiscal year for 

23 which the Secretary makes grants for transition as24 sistance under this section, such sums as may be 

25 necessary shall be made available for such assistance 


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1 from funds appropriated to, or otherwise made avail2 able to, the Department of Veterans Affairs, includ3 ing funds appropriated under the CARES Act (Pub4 lic Law 116–136). 

5 (2) ADMINISTRATIVE COSTS.—The Secretary 

6 may use up to $10,000,000 for administrative costs 

7 associated with carrying out this section from funds 

8 appropriated to, or otherwise made available to, the 

9 Department, including funds appropriated to the 

10 Department under the CARES Act (Public Law 

11 116–136). 

Æ 


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