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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7105 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 7105

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT

 
To provide flexibility for the Secretary of Veterans Affairs in caring 
  for homeless veterans during a covered public health emergency, to 
  direct the Secretary of Veterans Affairs to carry out a retraining 
  assistance program for unemployed veterans, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Dependable 
Employment and Living Improvements for Veterans Economic Recovery Act'' 
or the ``DELIVER Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--ASSISTANCE FOR HOMELESS VETERANS

Sec. 101. Flexibility for the Secretary of Veterans Affairs in caring 
                            for homeless veterans during a covered 
                            public health emergency.
Sec. 102. Expansion of eligibility for HUD-VASH.
Sec. 103. Legal services for homeless veterans and veterans at risk for 
                            homelessness.
Sec. 104. Gap analysis of Department of Veterans Affairs Programs that 
                            provide assistance to women veterans who 
                            are homeless.
Sec. 105. Improvements to grants and agreements between the Secretary 
                            of Veterans Affairs and entities that 
                            provide services to homeless veterans.
Sec. 106. Repeal of sunset on authority to carry out program of 
                            referral and counseling services for 
                            veterans at risk for homelessness who are 
                            transitioning from certain institutions.
Sec. 107. Coordination of case management services for veterans 
                            receiving housing vouchers under Tribal 
                            HUD-VASH program.
Sec. 108. Contracting for HUD-VASH case managers.
Sec. 109. Report on HUD-VASH staffing, training, and data systems.
              TITLE II--RETRAINING ASSISTANCE FOR VETERANS

Sec. 201. COVID-19 Veteran Rapid Retraining Assistance Program.
Sec. 202. Access for the Secretaries of Labor and Veterans Affairs to 
                            the Federal directory of new hires.
Sec. 203. Expansion of eligible class of providers of high technology 
                            programs of education for veterans.
Sec. 204. Pilot program for off-base transition training for veterans 
                            and spouses.
Sec. 205. Grants for provision of transition assistance to members of 
                            the Armed Forces after separation, 
                            retirement, or discharge.
Sec. 206. One-year independent assessment of the effectiveness of 
                            Transition Assistance Program.
Sec. 207. Longitudinal study on changes to TAP.
Sec. 208. Department of Veterans Affairs loan fees.

               TITLE I--ASSISTANCE FOR HOMELESS VETERANS

SEC. 101. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING 
              FOR HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH 
              EMERGENCY.

    (a) General Support.--
            (1) Use of funds.--During a covered public health 
        emergency, the Secretary of Veterans Affairs may use amounts 
        appropriated or otherwise made available to the Department of 
        Veterans Affairs to carry out sections 2011, 2012, 2031, and 
        2061 of title 38, United States Code, to provide to homeless 
        veterans and veterans participating in the program carried out 
        under section 8(o)(19) of the United States Housing Act of 1937 
        (42 U.S.C. 1437f(o)(19)) (commonly referred to as ``HUD-
        VASH''), as the Secretary determines is needed, the following:
                    (A) Assistance required for safety and survival 
                (such as food, shelter, clothing, blankets, and hygiene 
                items).
                    (B) Transportation required to support stability 
                and health (such as for appointments with service 
                providers, conducting housing searches, and obtaining 
                food and supplies).
                    (C) Communications equipment and services (such as 
                tablets, smartphones, disposable phones, and related 
                service plans) required to support stability and health 
                (such as maintaining contact with service providers, 
                prospective landlords, and family).
                    (D) Such other assistance as the Secretary 
                determines is needed.
            (2) Homeless veterans on land of the department.--
                    (A) Collaboration.--During a covered public health 
                emergency, to the extent possible, the Secretary may 
                collaborate with one or more organizations to manage 
                use of land of the Department for homeless veterans for 
                living and sleeping.
                    (B) Elements.--Collaboration under subparagraph (A) 
                may include the provision by either the Secretary or 
                the organization of food services and security for 
                property, buildings, and other facilities owned or 
                controlled by the Department.
    (b) Grant and Per Diem Program.--
            (1)  Limits on rates for per diem payments.--Section 
        20013(b) of the Coronavirus Aid, Relief, and Economic Security 
        Act (Public Law 116-136) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) in the matter preceding subparagraph (A), as so 
                redesignated, by inserting ``(1)'' before ``In the 
                case''; and
                    (C) by adding at the end the following:
    ``(2) If the Secretary waives any limit on grant amounts or rates 
for per diem payments under paragraph (1), notwithstanding section 
2012(a)(2)(B) of such title, the maximum rate for per diem payments 
described in paragraph (1)(B) shall be three times the rate authorized 
for State homes for domiciliary care under section 1741 of such 
title.''.
            (2) Use of per diem payments.--During a covered public 
        health emergency, a recipient of a grant or an eligible entity 
        under the grant and per diem program of the Department (in this 
        subsection referred to as the ``program'') may use per diem 
        payments under sections 2012 and 2061 of title 38, United 
        States Code, to provide assistance required for safety and 
        survival (such as food, shelter, clothing, blankets, and 
        hygiene items) for--
                    (A) homeless veterans; and
                    (B) formerly homeless veterans residing in a 
                facility operated wholly or in part by such a recipient 
                or eligible entity receiving per diem payments under 
                section 2012 of such title.
            (3) Additional transitional housing.--
                    (A) In general.--During a covered public health 
                emergency, under the program, the Secretary may provide 
                amounts for additional transitional housing beds to 
                facilitate access to housing and services provided to 
                homeless veterans.
                    (B) Notice; competition; period of performance.--
                The Secretary may provide amounts under subparagraph 
                (A)--
                            (i) without notice or competition; and
                            (ii) for a period of performance determined 
                        by the Secretary.
            (4) Inspections and life safety code requirements.--
                    (A) In general.--During a covered public health 
                emergency, the Secretary may waive any requirement 
                under subsection (b) or (c) of section 2012 of title 
                38, United States Code, in order to allow the recipient 
                of a grant or an eligible entity under the program--
                            (i) to quickly identify temporary alternate 
                        sites of care for homeless veterans that are 
                        suitable for habitation;
                            (ii) to facilitate social distancing or 
                        isolation needs; or
                            (iii) to facilitate activation or 
                        continuation of a program for which a grant has 
                        been awarded.
                    (B) Limitation.--The Secretary may waive a 
                requirement pursuant to the authority provided by 
                subparagraph (A) with respect to a facility of a 
                recipient of a grant or an eligible entity under the 
                program only if the facility meets applicable local 
                safety requirements, including fire safety 
                requirements.
    (c) Inspection and Life Safety Code Requirements for Therapeutic 
Housing.--
            (1) In general.--During a covered public health emergency, 
        the Secretary may waive any inspection or life safety code 
        requirement under subsection (c) of section 2032 of title 38, 
        United States Code--
                    (A) to allow quick identification of temporary 
                alternate sites of care for homeless veterans that are 
                suitable for habitation;
                    (B) to facilitate social distancing or isolation 
                needs; or
                    (C) to facilitate the operation of housing under 
                such section.
            (2) Limitation.--The Secretary may waive a requirement 
        pursuant to the authority provided by paragraph (1) with 
        respect to a residence or facility referred to in such section 
        2032 only if the residence or facility, as the case may be, 
        meets applicable local safety requirements, including fire 
        safety requirements.
    (d) Access to Department of Veterans Affairs Telehealth Services.--
To the extent practicable, during a covered public health emergency, 
the Secretary shall ensure that veterans participating in or receiving 
services from a program under chapter 20 of title 38, United States 
Code, have access to telehealth services to which such veterans are 
eligible under the laws administered by the Secretary, including by 
ensuring that telehealth capabilities are available to--
            (1) such veterans;
            (2) case managers of the Department of programs for 
        homeless veterans authorized under such chapter; and
            (3) community-based service providers for homeless veterans 
        receiving funds from the Department through grants or 
        contracts.
    (e) Definitions.--In this section:
            (1) Covered public health emergency.--The term ``covered 
        public health emergency'' means an emergency with respect to 
        COVID-19 declared by a Federal, State, or local authority.
            (2) Homeless veteran; veteran.--The terms ``homeless 
        veteran'' and ``veteran'' have the meanings given those terms 
        in section 2002 of title 38, United States Code.
            (3) Telehealth.--
                    (A) In general.--The term ``telehealth'' means the 
                use of electronic information and telecommunications 
                technologies to support and promote long-distance 
                clinical health care, patient and professional health-
                related education, public health, and health 
                administration.
                    (B) Technologies.--For purposes of subparagraph 
                (A), ``telecommunications technologies'' include video 
                conferencing, the internet, streaming media, and 
                terrestrial and wireless communications.
    (f) Emergency Designations.--
            (1) In general.--This section is designated as an emergency 
        requirement pursuant to section 4(g) of the Statutory Pay-As-
        You-Go Act of 2010 (2 U.S.C. 933(g)).
            (2) Designation in senate.--In the Senate, this section is 
        designated as an emergency requirement pursuant to section 
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
        resolution on the budget for fiscal year 2018.

SEC. 102. EXPANSION OF ELIGIBILITY FOR HUD-VASH.

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

SEC. 103. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT RISK FOR 
              HOMELESSNESS.

    (a) In General.--Chapter 20 of title 38, United States Code, is 
amended by inserting after section 2022 the following new section:
``Sec. 2022A. Legal services for homeless veterans and veterans at risk 
              for homelessness
    ``(a) Grants.--Subject to the availability of appropriations 
provided for such purpose, the Secretary of Veterans Affairs shall make 
grants to eligible entities that provide legal services to homeless 
veterans and veterans at risk for homelessness.
    ``(b) Criteria.--(1) The Secretary shall--
            ``(A) establish criteria and requirements for grants under 
        this section, including criteria for entities eligible to 
        receive such grants; and
            ``(B) publish such criteria and requirements in the Federal 
        Register.
    ``(2) In establishing criteria and requirements under paragraph 
(1), the Secretary shall--
            ``(A) take into consideration any criteria and requirements 
        needed with respect to carrying out this section in rural 
        communities, Tribal lands, and the territories and possessions 
        of the United States; and
            ``(B) consult with organizations that have experience in 
        providing services to homeless veterans, including veterans 
        service organizations, the Equal Justice Works AmeriCorps 
        Veterans Legal Corps, and other organizations the Secretary 
        determines appropriate.
    ``(c) Eligible Entities.--The Secretary may make a grant under this 
section to an entity applying for such a grant only if the applicant 
for the grant--
            ``(1) is a public or nonprofit private entity with the 
        capacity (as determined by the Secretary) to effectively 
        administer a grant under this section;
            ``(2) demonstrates that adequate financial support will be 
        available to carry out the services for which the grant is 
        sought consistent with the application;
            ``(3) agrees to meet the applicable criteria and 
        requirements established under subsection (b)(1); and
            ``(4) has, as determined by the Secretary, demonstrated the 
        capacity to meet such criteria and requirements.
    ``(d) Use of Funds.--Grants under this section shall be used to 
provide homeless veterans and veterans at risk for homelessness the 
following legal services:
            ``(1) Legal services related to housing, including eviction 
        defense, representation in landlord-tenant cases, and 
        representation in foreclosure cases.
            ``(2) Legal services related to family law, including 
        assistance in court proceedings for child support, divorce, 
        estate planning, and family reconciliation.
            ``(3) Legal services related to income support, including 
        assistance in obtaining public benefits.
            ``(4) Legal services related to criminal defense, including 
        defense in matters symptomatic of homelessness, such as 
        outstanding warrants, fines, and driver's license revocation, 
        to reduce recidivism and facilitate the overcoming of reentry 
        obstacles in employment or housing.
            ``(5) Legal services related to requests to upgrade the 
        characterization of a discharge or dismissal of a former member 
        of the Armed Forces under section 1553 of title 10.
            ``(6) Such other legal services as the Secretary determines 
        appropriate.
    ``(e) Funds for Women Veterans.--For any fiscal year, not less than 
10 percent of the amount authorized to be appropriated for grants under 
this section shall be used to provide legal services described in 
subsection (d) to women veterans.
    ``(f) Locations.--To the extent practicable, the Secretary shall 
make grants under this section to eligible entities in a manner that is 
equitably distributed across the geographic regions of the United 
States, including with respect to--
            ``(1) rural communities;
            ``(2) Tribal lands;
            ``(3) Native Americans; and
            ``(4) Tribal organizations.
    ``(g) Reports.--On a biennial basis, the Secretary shall submit to 
the Committees on Veterans' Affairs of the House of Representatives and 
the Senate a report on grants under this section. To the extent 
feasible, each such report shall include the following with respect to 
the year covered by the report:
            ``(1) The number of homeless veterans and veterans at risk 
        for homelessness assisted.
            ``(2) A description of the legal services provided.
            ``(3) A description of the legal matters addressed.
            ``(4) An analysis by the Secretary with respect to the 
        operational effectiveness and cost-effectiveness of the 
        services provided.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2022 the following new item:

``2022A. Legal services for homeless veterans and veterans at risk for 
                            homelessness.''.
    (c) Criteria.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
establish the criteria and requirements in the Federal Register 
pursuant to subsection (b)(1) of section 2022A of title 38, United 
States Code, as added by subsection (a).

SEC. 104. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS THAT 
              PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS.

    (a) In General.--The Secretary of Veterans Affairs shall complete 
an analysis of programs of the Department of Veterans Affairs that 
provide assistance to women veterans who are homeless or precariously 
housed to identify the areas in which such programs are failing to meet 
the needs of such women.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the analysis completed 
under subsection (a).

SEC. 105. IMPROVEMENTS TO GRANTS AND AGREEMENTS BETWEEN THE SECRETARY 
              OF VETERANS AFFAIRS AND ENTITIES THAT PROVIDE SERVICES TO 
              HOMELESS VETERANS.

    (a) Increase in Per Diem Payments.--Subsection (a)(2)(B) of section 
2012 of title 38, United States Code, is amended--
            (1) by striking clause (i) and inserting the following:
    ``(i) Except as provided in clause (ii) or (iii) and subject to the 
availability of appropriations, the Secretary shall determine the rate 
under this paragraph, which--
            ``(I) may not--
                    ``(aa) be lower than the amount in effect under 
                this clause as in effect immediately preceding the 
                enactment of the Dependable Employment and Living 
                Improvements for Veterans Economic Recovery Act; or
                    ``(bb) exceed the amount that is 115 percent of the 
                rate authorized for State homes for domiciliary care 
                under subsection (a)(1)(A) of section 1741 of this 
                title, as the Secretary may increase from time to time 
                under subsection (c) of that section; and
            ``(II) may be determined on the basis of locality.''; and
            (2) by adding at the end the following new clause:
    ``(iii) With respect to a homeless veteran who has care of a minor 
dependent while receiving services from the grant recipient or eligible 
entity, the daily cost of care shall be the sum of the daily cost of 
care determined under subparagraph (A) plus, for each such minor 
dependent, an amount that equals 50 percent of such daily cost of 
care.''.
    (b) Reimbursement of Certain Fees.--Such section is further amended 
by adding at the end the following new subsection:
    ``(e) Reimbursement of Entities for Certain Fees.--The Secretary 
may reimburse the recipient of a grant under section 2011, 2012, 2013, 
or 2061 of this title for fees charged to that grant recipient for the 
use of the homeless management information system described in section 
402 of the McKinney-Vento Homeless Assistance Act (Public Law 100-77; 
42 U.S.C. 11630a)--
            ``(1) in amounts the Secretary determines to be reasonable; 
        and
            ``(2) if the Secretary determines that the grant recipient 
        is unable to obtain information contained in such system 
        through other means and at no cost to the grant recipient.''.

SEC. 106. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF 
              REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR 
              HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN 
              INSTITUTIONS.

    Section 2023 of title 38, United States Code, is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsection (e) as subsection (d).

SEC. 107. COORDINATION OF CASE MANAGEMENT SERVICES FOR VETERANS 
              RECEIVING HOUSING VOUCHERS UNDER TRIBAL HUD-VASH PROGRAM.

    Section 2003 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) MOU on IHS Assistance.--The Secretary may enter into a 
memorandum of understanding with the Secretary of Health and Human 
Services under which case managers of the Indian Health Service may 
provide case management assistance to veterans who receive housing 
vouchers under the Tribal HUD-VASH program of the Department of Housing 
and Urban Development.''.

SEC. 108. CONTRACTING FOR HUD-VASH CASE MANAGERS.

    (a) In General.--Section 304 of the Honoring America's Veterans and 
Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 38 
U.S.C. 2041 note) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``The Secretary'';
                    (B) by adding at the end the following new 
                paragraphs:
    ``(2)(A) Subject to subparagraphs (B) and (C), the director of a 
covered medical center shall seek to enter into a contract or agreement 
described in paragraph (1).
    ``(B) A contract or agreement under subparagraph (A) may require 
that a case manager employed by an eligible entity have credentials 
equivalent to those of a case manager of the Department.
    ``(C) The Secretary may waive the requirement under subparagraph 
(A) if the Secretary determines that fulfilling such requirement is 
infeasible. If the Secretary grants such a waiver, the Secretary shall 
submit, not later than 90 days after granting such waiver, to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives, a report containing--
            ``(i) an explanation of that determination;
            ``(ii) a plan to increase the number of case managers of 
        the Department; and
            ``(iii) a plan for the covered medical center to increase 
        use of such vouchers.
    ``(D) In this paragraph, the term `covered medical center' means a 
medical center of the Department that the Secretary determines--
            ``(i) had more than 15 percent of all vouchers allocated to 
        that medical center under the program described in paragraph 
        (1) through the fiscal year preceding such determination go 
        unused due to a lack of case management services provided by 
        the Secretary; and
            ``(ii) has a case manager position that has been vacant for 
        at least nine consecutive months immediately preceding the date 
        of such determination.''; and
            (2) in subsection (b)(2)--
                    (A) in the matter before subparagraph (A), by 
                striking ``, including because--'' and inserting a 
                period; and
                    (B) by striking subparagraphs (A), (B), and (C).
    (b) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year to begin on or after 
the date of the enactment of this Act.

SEC. 109. REPORT ON HUD-VASH STAFFING, TRAINING, AND DATA SYSTEMS.

    Not later than 180 days after the date of the enactment of this 
Act, and every three years thereafter, the Secretary of Veterans 
Affairs shall submit to the Committees on Veterans' Affairs of the 
House of Representatives and the Senate a report that includes the 
following:
            (1) An assessment of the hiring needs of the program 
        carried out under section 8(o)(19) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as 
        ``HUD-VASH''), including--
                    (A) identification of the number of HUD-VASH case 
                managers as of the date of the report including--
                            (i) the total number of vacancies; and
                            (ii) the vacancies at each medical center 
                        of the Department of Veterans Affairs;
                    (B) the number of HUD-VASH case managers that the 
                Secretaries of Veterans Affairs and Housing and Urban 
                Development determine necessary to meet the needs of 
                the Department and program; and
                    (C) the amount of turnover among HUD-VASH case 
                managers and whether the turnover was planned or 
                unexpected.
            (2) An assessment of how compensation, including 
        recruitment and retention incentives, for HUD-VASH case 
        managers affects turnover, and what percentage of retention 
        compensation is provided to case managers at each medical 
        center of the Department of Veterans Affairs (compared to other 
        positions).
            (3) A comparison of compensation described in paragraph (2) 
        with the compensation provided to State, local, and 
        nongovernmental housing employees at comparable training and 
        experience levels.
            (4) Examples of how the Departments have worked with non-
        Federal partners (such as local governments, nongovernmental 
        organizations, veterans service organizations, and employee 
        unions) to meet the staffing needs of the HUD-VASH program.
            (5) Examples of how medical centers of the Department of 
        Veterans Affairs with high retention rates for HUD-VASH case 
        managers have been able to maintain their staffing levels.

              TITLE II--RETRAINING ASSISTANCE FOR VETERANS

SEC. 201. COVID-19 VETERAN RAPID RETRAINING ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of Veterans Affairs shall carry out 
a program under which the Secretary shall provide up to 12 months of 
retraining assistance to an eligible veteran for the pursuit of a 
covered program of education. Such retraining assistance shall be in 
addition to any other entitlement to educational assistance or benefits 
for which a veteran is, or has been, eligible.
    (b) Eligible Veterans.--
            (1) In general.--For purposes of this section, the term 
        ``eligible veteran'' means a veteran who--
                    (A) as of the date of the receipt by the Department 
                of Veterans Affairs of the application for assistance 
                under this section, is at least 22 years of age but not 
                more than 66 years of age;
                    (B) as of such date, is unemployed by reason of the 
                covered public health emergency, as certified by the 
                veteran;
                    (C) as of such date, is not eligible to receive 
                educational assistance under chapter 30, 31, 32, 33, or 
                35 of title 38, United States Code, or chapter 1606 of 
                title 10, United States Code;
                    (D) is not enrolled in any Federal or State jobs 
                program;
                    (E) is not in receipt of compensation for a 
                service-connected disability rated totally disabling by 
                reason of unemployability; and
                    (F) will not be in receipt of unemployment 
                compensation (as defined in section 85(b) of the 
                Internal Revenue Code of 1986), including any cash 
                benefit received pursuant to subtitle A of title II of 
                division A of the CARES Act (Public Law 116-136), as of 
                the first day on which the veteran would receive a 
                housing stipend payment under this section.
            (2) Treatment of veterans who transfer entitlement.--For 
        purposes of paragraph (1)(C), a veteran who has transferred all 
        of the veteran's entitlement to educational assistance under 
        section 3319 of title 38, United States Code, shall be 
        considered to be a veteran who is not eligible to receive 
        educational assistance under chapter 33 of such title.
            (3) Failure to complete.--A veteran who receives retraining 
        assistance under this section to pursue a program of education 
        and who fails to complete the program of education shall not be 
        eligible to receive additional assistance under this section.
    (c) Covered Programs of Education.--
            (1) In general.--For purposes of this section, a covered 
        program of education is a program of education (as such term is 
        defined in section 3452(b) of title 38, United States Code) for 
        training, pursued on a full-time or part-time basis--
                    (A) that--
                            (i) is approved under chapter 36 of such 
                        title;
                            (ii) does not lead to a bachelors or 
                        graduate degree; and
                            (iii) is designed to provide training for a 
                        high-demand occupation, as determined under 
                        paragraph (3); or
                    (B) that is a high technology program of education 
                offered by a qualified provider, under the meaning 
                given such terms in section 116 of the Harry W. Colmery 
                Veterans Educational Assistance Act of 2017 (Public Law 
                115-48; 38 U.S.C. 3001 note).
            (2) Accredited programs.--In the case of an accredited 
        program of education, the program of education shall not be 
        considered a covered program of education under this section if 
        the program has received a show cause order from the accreditor 
        of the program during the five-year period preceding the date 
        of the enactment of this Act.
            (3) Determination of high-demand occupations.--
                    (A) Initial implementation.--In carrying out this 
                section, the Secretary shall use the list of high-
                demand occupations compiled by the Commissioner of 
                Labor Statistics until the final list under 
                subparagraph (C) is complete.
                    (B) Study required.--The Secretary of Veterans 
                Affairs shall enter into an agreement with a federally 
                funded research and development corporation or another 
                appropriate non-Department entity for the conduct of a 
                study to determine which occupations are high-demand 
                occupations. Such study shall be completed not later 
                than 90 days after the date of the enactment of this 
                Act.
                    (C) Final list.--The Secretary--
                            (i) may add or remove occupation from the 
                        list in use pursuant to subparagraph (A) during 
                        the 90-day period following the completion of 
                        the study required by subparagraph (B);
                            (ii) shall issue a final list of high-
                        demand occupations for use under this section 
                        by not later than 90 days after the date of the 
                        completion of the study; and
                            (iii) shall make such final list publicly 
                        available on a website of the Department.
                    (D) Use of list.--The Secretary shall use the list 
                developed under this paragraph in order to apply the 
                requirement that retraining assistance under this 
                section is used for training for a high-demand 
                occupation, but the Secretary may remove occupations 
                from the list as the Secretary determines appropriate.
            (4) Full-time defined.--For purposes of this subsection, 
        the term ``full-time'' has the meaning given such term under 
        section 3688 of title 38, United States Code.
    (d) Amount of Assistance.--
            (1) Retraining assistance.--The Secretary of Veterans 
        Affairs shall provide to an eligible veteran pursuing a covered 
        program of education under the retraining assistance program 
        under this section an amount equal to the amount of educational 
        assistance payable under section 3313(c)(1)(A) of title 38, 
        United States Code, for each month the veteran pursues the 
        covered program of education. Such amount shall be payable 
        directly to the educational institution offering the covered 
        program of education pursued by the veteran as follows:
                    (A) 50 percent of the total amount payable shall be 
                paid when the eligible veteran begins the program of 
                education.
                    (B) 25 percent of the total amount payable shall be 
                paid when the eligible veteran completes the program of 
                education.
                    (C) 25 percent of the total amount payable shall be 
                paid when the eligible veteran finds employment in a 
                field related to the program of education.
            (2) Failure to complete.--
                    (A) Pro-rated payments.--In the case of a veteran 
                who pursues a covered program of education under the 
                retraining assistance program under this section, but 
                who does not complete the program of education, the 
                Secretary shall pay to the educational institution 
                offering such program of education a pro-rated amount 
                based on the number of months the veteran pursued the 
                program of education in accordance with this paragraph.
                    (B) Payment otherwise due upon completion of 
                program.--The Secretary shall pay to the educational 
                institution a pro-rated amount under paragraph (1)(B) 
                when the veteran provides notice to the educational 
                institution that the veteran no longer intends to 
                pursue the program of education.
                    (C) Nonrecovery from veteran.--In the case of a 
                veteran referred to in subparagraph (A), the 
                educational institution may not seek payment from the 
                veteran for any amount that would have been payable 
                under paragraph (1)(B) had the veteran completed the 
                program of education.
                    (D) Payment due upon employment.--
                            (i) Veterans who find employment.--In the 
                        case of a veteran referred to in subparagraph 
                        (A) who finds employment in a field related to 
                        the program of education during the 180-day 
                        period beginning on the date on which the 
                        veteran withdraws from the program of 
                        education, the Secretary shall pay to the 
                        educational institution a pro-rated amount 
                        under paragraph (1)(C) when the veteran finds 
                        such employment.
                            (ii) Veterans who do not find employment.--
                        In the case of a veteran referred to in 
                        subparagraph (A) who does not find employment 
                        in a field related to the program of education 
                        during the 180-day period beginning on the date 
                        on which the veteran withdraws from the program 
                        of education--
                                    (I) the Secretary shall not make a 
                                payment to the educational institution 
                                under paragraph (1)(C); and
                                    (II) the educational institution 
                                may not seek payment from the veteran 
                                for any amount that would have been 
                                payable under paragraph (1)(C) had the 
                                veteran found employment during such 
                                180-day period.
            (3) Housing stipend.--For each month that an eligible 
        veteran pursues a covered program of education under the 
        retraining assistance program under this section, the Secretary 
        shall pay to the veteran a monthly housing stipend in an amount 
        equal to--
                    (A) in the case of a covered program of education 
                leading to a degree, or a covered program of education 
                not leading to a degree, at an institution of higher 
                learning (as that term is defined in section 3452(f) of 
                title 38, United States Code) pursued on more than a 
                half-time basis, the amount specified under subsection 
                (c)(1)(B) of section 3313 of title 38, United States 
                Code;
                    (B) in the case of a covered program of education 
                other than a program of education leading to a degree 
                at an institution other than an institution of higher 
                learning pursued on more than a half-time basis, the 
                amount specified under subsection (g)(3)(A)(ii) of such 
                section; or
                    (C) in the case of a covered program of education 
                pursued on less than a half-time basis, or a covered 
                program of education pursued solely through distance 
                learning on more than a half-time basis, the amount 
                specified under subsection (c)(1)(B)(iii) of such 
                section.
            (4) Failure to find employment.--The Secretary shall not 
        make a payment under paragraph (1)(C) with respect to an 
        eligible veteran who completes or fails to complete a program 
        of education under the retraining assistance program under this 
        section if the veteran fails to find employment in a field 
        related to the program of education within the 180-period 
        beginning on the date on which the veteran withdraws from or 
        completes the program.
    (e) No Transferability.--Retraining assistance provided under this 
section may not be transferred to another individual.
    (f) Employment Assistance.--
            (1) In general.--The Secretary of Labor shall contact each 
        veteran who pursues a covered program of education under this 
        section--
                    (A) not later than 30 days after the date on which 
                the veteran begins the program of education to notify 
                the veteran of the availability of employment placement 
                services upon completion of the program; and
                    (B) not later than 14 days after the date on which 
                the veteran completes, or terminates participation in, 
                such program to facilitate the provision of employment 
                placement services to such veteran.
            (2) Provision of information.--The Secretary of Veterans 
        Affairs shall provide to the Secretary of Labor such 
        information as may be necessary to carry out paragraph (1).
    (g) Nonprofit Organization.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        seek to enter into a memorandum of understanding with one or 
        more qualified nonprofit organizations for the purpose of 
        facilitating the employment of veterans who participate in the 
        retraining assistance program under this section.
            (2) Qualified nonprofit organization.--For purposes of this 
        subsection, a qualified nonprofit organization is a nonprofit 
        organization that--
                    (A) is an association of businesses; and
                    (B) has at least two years of experience providing 
                job placement services for veterans.
    (h) Follow up Outreach.--The Secretary of Veterans Affairs, in 
coordination with the Secretary of Labor shall contact each veteran who 
completes a covered program of education under the retraining 
assistance program under this section 30, 60, 90, and 180 days after 
the veteran completes such program of education to ask the veteran 
about the experience of the veteran in the retraining assistance 
program and the veteran's employment status.
    (i) Quarterly Reports.--Not later than the date that is one year 
after the date of the enactment of this Act, and quarterly thereafter, 
the Secretary of Labor shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives a report containing 
the following information about veterans who participate in the 
retraining assistance program under this section:
            (1) The percentage of such veterans who found employment 
        before the end of the second calendar quarter after exiting the 
        program.
            (2) The percentage of such veterans who found employment 
        before the end of the fourth calendar quarter after exiting the 
        program.
            (3) The median earnings of all such veterans for the second 
        quarter after exiting the program.
            (4) The percentage of such veterans who attain a recognized 
        postsecondary credential during the 12-month period after 
        exiting the program.
    (j) Limitation.--Not more than 17,250 eligible veterans may receive 
retraining assistance under this section.
    (k) Termination.--No retraining assistance may be paid under this 
section after the date that is 21 months after the date of the 
enactment of this Act.
    (l) GAO Report.--Not later than 180 days after the termination of 
the retraining assistance program under subsection (k), the Comptroller 
General shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives a report on the outcomes and 
effectiveness of the program.
    (m) Definitions.--In this section:
            (1) The term ``covered public health emergency'' means the 
        declaration--
                    (A) of a public health emergency, based on an 
                outbreak of COVID-19 by the Secretary of Health and 
                Human Services under section 319 of the Public Health 
                Service Act (42 U.S.C. 247d); or
                    (B) of a domestic emergency, based on an outbreak 
                of COVID-19 by the President, the Secretary of Homeland 
                Security, or State, or local authority.
            (2) The term ``veteran'' means--
                    (A) a person who served in the active military, 
                naval, or air service, and who was discharged or 
                released therefrom under conditions other than 
                dishonorable; or
                    (B) a member of a reserve component of the Armed 
                Forces who performs active service for a period of 30 
                days or longer by reason of the covered public health 
                emergency.
            (3) The term ``active service'' has the meaning given such 
        term in section 101 of title 10, United States Code.
    (n) Funding.--
            (1) In general.--For each fiscal year for which the 
        Secretary provides retraining assistance under this section, 
        such sums as may be necessary shall be made available for such 
        assistance from funds appropriated to, or otherwise made 
        available to, the Department for the payment of readjustment 
        benefits.
            (2) Administrative costs.--There is authorized to be 
        appropriated $15,000,000 to carry out administrative functions 
        of this section.
    (o) Initiation of Payments.--The Secretary may begin providing 
retraining assistance under this section on the date that is 180 days 
after the date of the enactment of this Act.

SEC. 202. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO 
              THE FEDERAL DIRECTORY OF NEW HIRES.

    Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is 
amended by adding at the end the following new paragraph:
            ``(4) Veteran employment.--The Secretaries of Labor and of 
        Veterans Affairs shall have access to information reported by 
        employers pursuant to subsection (b) of this section for 
        purposes of tracking employment of veterans.''.

SEC. 203. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH TECHNOLOGY 
              PROGRAMS OF EDUCATION FOR VETERANS.

    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) in subsection (b), by adding at the end the following: 
        ``The Secretary shall treat an individual as an eligible 
        veteran if the Secretary determines that the individual shall 
        become an eligible veteran fewer than 180 days after the date 
        of such determination. If an individual treated as an eligible 
        veteran by reason of the preceding sentence does anything to 
        make the veteran ineligible during the 180-day period referred 
        to in such sentence, the Secretary may require the veteran to 
        repay any benefits received by such veteran by reason of such 
        sentence.'';
            (2) in subsection (c)--
                    (A) in paragraph (3)(A), by striking ``has been 
                operational for at least 2 years'' and inserting 
                ``employs instructors whom the Secretary determines are 
                experts in their respective fields in accordance with 
                paragraph (6)''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) Experts.--The Secretary shall determine whether 
        instructors are experts under paragraph (3)(A) based on 
        evidence furnished to the Secretary by the provider regarding 
        the ability of the instructors to--
                    ``(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 
                eligible veterans;
                    ``(C) provide relevant industry experience in the 
                fields of programs offered to incoming eligible 
                veterans; and
                    ``(D) demonstrate relevant industry experience in 
                such fields of programs.'';
            (3) in subsection (d), in the matter preceding paragraph 
        (1)--
                    (A) by inserting ``(not including an individual 
                described in the second sentence of subsection (b))'' 
                after ``each eligible veteran''; and
                    (B) by inserting ``or part-time'' after ``full-
                time'';
            (4) in subsection (g), by striking ``$15,000,000'' and 
        inserting ``$45,000,000''; and
            (5) by adding at the end the following new subsection (i):
    ``(i) Prohibition on Certain Accounting of Assistance.--The 
Secretary may not consider enrollment in a high technology program of 
education under this section to be assistance under a provision of law 
referred to in section 3695 of title 38, United States Code.''.

SEC. 204. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS 
              AND SPOUSES.

    (a) Extension of Pilot Program.--Subsection (a) of section 301 of 
the Dignified Burial and Other Veterans' Benefits Improvement Act of 
2012 (Public Law 112-260; 10 U.S.C. 1144 note) is amended--
            (1) by striking ``During the two-year period beginning on 
        the date of the enactment of this Act'' and inserting ``During 
        the 5-year period beginning on the date of the enactment of the 
        Dependable Employment and Living Improvements for Veterans 
        Economic Recovery Act''; and
            (2) by striking ``to assess the feasibility and 
        advisability of providing such program to eligible individuals 
        at locations other than military installations''.
    (b) Locations.--Subsection (c) of such section is amended--
            (1) in paragraph (1), by striking ``not less than three and 
        not more than five States'' and inserting ``not fewer than 50 
        locations in States (as defined in section 101 of title 38, 
        United States Code)'';
            (2) in paragraph (2), by striking ``at least two'' and 
        inserting ``at least 20''; and
            (3) by adding at the end the following new paragraphs:
            ``(5) Preferences.--In selecting States for participation 
        in the pilot program, the Secretary shall provide a preference 
        for any State with--
                    ``(A) a high rate of usage of unemployment benefits 
                for recently separated members of the Armed Forces; or
                    ``(B) a labor force or economy that has been 
                significantly impacted by the covered public health 
                emergency.
            ``(6) Covered public health emergency.--In this subsection, 
        the term `covered public health emergency' means the 
        declaration--
                    ``(A) of a public health emergency, based on an 
                outbreak of COVID-19 by the Secretary of Health and 
                Human Services under section 319 of the Public Health 
                Service Act (42 U.S.C. 247d); or
                    ``(B) of a domestic emergency, based on an outbreak 
                of COVID-19 by the President, the Secretary of Homeland 
                Security, or State, or local authority.''.
    (c) Annual Report.--Subsection (e) of such section is amended by 
adding at the end the following new sentence: ``Each such report shall 
include information about the employment outcomes of the eligible 
individuals who received such training during the year covered by the 
report.''.
    (d) Conforming Repeal.--Subsection (f) of such section is repealed.

SEC. 205. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF 
              THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR 
              DISCHARGE.

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

SEC. 206. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF 
              TRANSITION ASSISTANCE PROGRAM.

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

SEC. 207. LONGITUDINAL STUDY ON CHANGES TO TAP.

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

SEC. 208. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.

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

 
 
----------------------------------------------------------------------------------------------------------------
(E)(i) Interest rate reduction refinancing  0.50                    0.50                   NA
 loan issued before January 1, 2021
----------------------------------------------------------------------------------------------------------------
(E)(ii) Interest rate reduction             0.85                    0.85                   NA
 refinancing loan issued on or after
 January 1, 2021, and before January 15,
 2027
----------------------------------------------------------------------------------------------------------------
(E)(iii) Interest rate reduction            0.50                    0.50                   NA
 refinancing loan issued on or after
 January 15, 2027
----------------------------------------------------------------------------------------------------------------

            Passed the House of Representatives September 23, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```