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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1669 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  1st Session
                                H. R. 1669

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 30, 2023

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

_______________________________________________________________________

                                 AN ACT

 
   To amend title 38, United States Code, to make permanent the high 
technology pilot program of the Department of Veterans Affairs, 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.

    This Act may be cited as the ``VET-TEC Authorization Act of 2023''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PROGRAM.

    (a) High Technology Program.--
            (1) In general.--Chapter 36 of title 38, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 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 6,000 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 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.
    ``(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, entitlement of the individual to 
educational assistance under this section shall be charged at the rate 
of one month of such remaining entitlement for each such month of 
educational assistance under this section.
    ``(2) 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.
    ``(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 authority to carry out a program under this 
section shall terminate on September 30, 2028.''.
            (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) in subsection (g), by striking paragraph (6); and
            (2) by striking subsection (h) and inserting the following 
        new subsection (h):
    ``(h) Termination.--The authority to carry out a pilot program 
under this section shall terminate on September 30, 2023.''.
    (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).''.
    (d) Effective Date.--The amendments made by subsections (a) and (c) 
shall take effect on October 1, 2023.

SEC. 3. BURIAL ALLOWANCE FOR CERTAIN VETERANS WHO DIE AT HOME WHILE IN 
              RECEIPT OF HOSPICE CARE FURNISHED BY DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, 
United States Code, is further amended--
            (1) in clause (i), by striking ``; or'' and inserting a 
        semicolon;
            (2) in clause (ii)(III), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new clause:
                    ``(iii) a home or other setting at which the 
                deceased veteran was, at the time of death, receiving 
                hospice care pursuant to section 1717(a) of this title 
                if such care was directly preceded by the Secretary 
                furnishing to the veteran hospital care or nursing home 
                care described in subclause (I), (II), or (III) of 
                clause (ii).''.
    (b) Applicability.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply with 
respect to deaths occurring on or after the date that is 180 days after 
the date of the enactment of this Act.

SEC. 4. INCLUSION OF NON-DEGREE FLIGHT TRAINING IN CERTAIN 
              REHABILITATION PROGRAMS FOR CERTAIN VETERANS WITH 
              SERVICE-CONNECTED DISABILITIES.

    Section 3101 of title 38, United States Code, is amended--
            (1) in paragraph (7), by adding at the end the following: 
        ``A rehabilitation program may include a program that includes 
        flight training and does not lead to a degree.''; and
            (2) by redesignating the first paragraph (10) as paragraph 
        (1).

SEC. 5. 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. 6. INCREASE OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL 
              ASSISTANCE FOR PROGRAMS OF EDUCATION IN REPUBLIC OF 
              PHILIPPINES.

    (a) Short Title.--This section may be cited as the ``Filipino 
Education Fairness Act''.
    (b) Increase.--Section 3532 of title 38, United States Code, is 
amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e) through (g) as 
        subsections (d) through (f), respectively.

SEC. 7. PROVISION OF CERTIFICATES OF ELIGIBILITY AND AWARD LETTERS 
              USING ELECTRONIC MEANS.

    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):
``Sec. 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, or section 3699C, of this title.''.

SEC. 8. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN FEES.

    The loan fee table in section 3729(b)(2) of title 38, United States 
Code, is amended by striking ``November 14, 2031'' each place it 
appears and inserting ``April 30, 2032''.

            Passed the House of Representatives May 24, 2023.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Lisa P. Grant,

                                                          Deputy Clerk.
```