THRIVE Act
Bill: H.R.2523 | Sponsor: Rep. Levin, Mike (D-CA)
Policy area: Armed Forces and National Security

Summary:
Training in High-demand Roles to Improve Veteran Employment Act or the THRIVE Act
This bill makes updates to Department of Veterans Affairs (VA) training and education policies and programs, including by amending the American Rescue Plan Act of 2021 and the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.
(Sec. 2) In implementing the VA's rapid retraining assistance program, the list of high-demand occupations must be prepared in conjunction with the Department of Labor. The VA may add and remove occupations as appropriate.
The bill excludes programs pursued solely through distance learning on a half-time basis or less from the housing stipend available to those participating in the retraining program.
The VA must contact program participants to notify them about employment placement services after they begin the program and upon either completion of the program or termination of participation in the program.
The VA must seek to enter a memorandum of understanding with one or more qualified nonprofit organizations for the purpose of facilitating the employment of veterans who participate in the program.
The Government Accountability Office must report on the outcomes and effectiveness of the retraining program.
(Sec. 3) The VA must provide veterans and members of the Armed Forces with information about whether (1) a postsecondary education institution is listed on the College Navigator website as being affiliated with a certain religion, (2) an institution is minority serving, and (3) an institution is gender-specific. The VA must provide information about postsecondary education and training opportunities in a searchable format.
(Sec. 5) The bill includes for-profit educational institutions that are converted to public educational institutions in the annual risk-based survey the state approving agency must conduct.
(Sec. 6) The VA must take certain disciplinary action when any person with whom an educational institution has an agreement for marketing, advertising, educational programs, recruiting, or admissions services engages in specified behaviors, such as providing a type of incentive payment to persons engaged in student recruiting. Under the bill, such disciplinary actions may include suspending the approval of courses and programs offered by the institution or revoking the approval of courses and programs.

[117th Congress Public Law 16]
[From the U.S. Government Publishing Office]



[[Page 279]]

     TRAINING IN HIGH-DEMAND ROLES TO IMPROVE VETERAN EMPLOYMENT ACT

[[Page 135 STAT. 280]]

Public Law 117-16
117th Congress

                                 An Act


 
 To amend the American Rescue Plan Act of 2021 to improve the COVID-19 
 Veteran Rapid Retraining Assistance program, to make certain technical 
corrections to the Johnny Isakson and David P. Roe, M.D. Veterans Health 
        Care and Benefits Improvement Act of 2020, and for other 
            purposes. <<NOTE: June 8, 2021 -  [H.R. 2523]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Training in 
High-demand Roles to Improve Veteran Employment Act.>> 
SECTION 1 <<NOTE: 38 USC 101 note.>> . SHORT TITLE.

    This Act may be cited as the ``Training in High-demand Roles to 
Improve Veteran Employment Act'' or the ``THRIVE Act''.
SEC. 2. IMPROVEMENTS TO COVID-19 VETERAN RAPID RETRAINING 
                    ASSISTANCE PROGRAM.

    (a) In General.--Section 8006 of the American Rescue Plan Act of 
2021 (Public Law 117-2) <<NOTE: Ante, p. 113.>>  is amended--
            (1) by striking paragraph (3) of subsection (c) and 
        inserting the following new paragraph (3):
            ``(3) Determination of high-demand occupations.--
                    ``(A) Initial implementation.--In carrying out this 
                section, the Secretary shall use the list of high-demand 
                occupations prepared in conjunction with the Secretary 
                of Labor.
                    ``(B) Modifications.--The Secretary of Veterans 
                Affairs may add and remove occupations from the list 
                under subparagraph (A) as the Secretary determines 
                appropriate.'';
            (2) in subsection (d)(3)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``(other than such a program pursued solely 
                through distance learning on a half-time basis or 
                less)'' after ``a covered program of education under the 
                retraining assistance program under this section''; and
                    (B) in subparagraph (C), by striking ``less than a 
                half-time basis'' and inserting ``a half-time basis or 
                less'';
            (3) by redesignating subsections (f), (g), and (h) as 
        subsections (k), (l), and (m), respectively;
            (4) by inserting after subsection (e) the following new 
        subsections:

    ``(f) <<NOTE: Consultation. Deadlines.>>  Employee Assistance.--The 
Secretary of Veterans Affairs, in consultation with the Secretary of 
Labor, shall contact each veteran who pursues a covered program of 
education under this section--
            ``(1) <<NOTE: Notification.>>  not later than 30 days after 
        the date on which the veteran begins the program of education to 
        notify the veteran

[[Page 131 STAT. 281]]

        of the availability of employment placement services upon 
        completion of the program; and
            ``(2) 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.

    ``(g) Nonprofit Organization.--
            ``(1) <<NOTE: Memorandum.>>  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) <<NOTE: Coordination. Time periods.>>  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) <<NOTE: Time period.>>  The percentage of such 
        veterans who attain a recognized postsecondary credential during 
        the 12-month period after exiting the program.

    ``(j) Comptroller General Report.--Not later than 180 days after the 
termination of the retraining assistance program under subsection (l), 
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.'';
            (5) <<NOTE: Effective date.>>  in subsection (l), as so 
        redesignated, by striking ``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'' and inserting ``No 
        retraining assistance may be paid under this section for a 
        covered program of education that begins on or after December 
        11, 2022'';
            (6) in subsection (m), as so redesignated, by striking the 
        period at the end and inserting the following: ``, which shall 
        be carried out as if such section were authorized for the 
        payment of readjustment and rehabilitation benefits to or on 
        behalf

[[Page 131 STAT. 282]]

        of veterans under chapters 30, 31, and 41 of title 38, United 
        States Code. Not more than $386,000,000 may be obligated or 
        expended to carry out this section.''; and
            (7) by adding at the end the following new subsection:

    ``(n) 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.''.

    (b) <<NOTE: 38 USC 3001 note prec.>>  Effective Date.--The 
amendments made by subsection (a) shall apply as if included in the 
enactment of the American Rescue Plan Act of 2021 (Public Law 117-2).
SEC. 3. INFORMATION PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS 
                    ABOUT POSTSECONDARY EDUCATIONAL INSTITUTIONS.

    (a) Additional Information To Be Provided.--Subsection (c) of 
section 3698 of title 38, United States Code, is amended--
            (1) in paragraph (1)(C)--
                    (A) in clause (xi), by striking ``and'' at the end;
                    (B) in clause (xii), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
                    ``(xiii) whether the institution is listed on the 
                College Navigator website as affiliated with a religion 
                and, if so, which religious denomination;
                    ``(xiv) <<NOTE: Determination.>>  whether the 
                Secretary of Education or other head of a department or 
                agency of the Federal Government has determined that the 
                institution is a minority serving institution and, if 
                so, which one or more types of minority serving 
                institutions; and
                    ``(xv) whether the institution is gender 
                specific.''; and
            (2) in paragraph (2), by adding at the end the following new 
        sentence: ``To the extent practicable, the Secretary shall 
        ensure that such information is provided in a searchable 
        format.''.

    (b) Definition.--Subsection (f) of such section is amended by adding 
at the end the following new paragraphs:
            ``(3) The term `College Navigator website' has the meaning 
        given that term in section 132 of the Higher Education Act (20 
        U.S.C. 1015a).
            ``(4) The term `minority serving institution' means any of 
        the following:

[[Page 131 STAT. 283]]

                    ``(A) A part B institution, as such term is defined 
                in section 322(2) of the Higher Education Act (20 U.S.C. 
                1061(2)).
                    ``(B) A Hispanic-serving institution, as such term 
                is defined in section 502(a)(5) of such Act (20 U.S.C. 
                1101a(5)).
                    ``(C) A Tribal College or University, as such term 
                is defined in section 316(b)(3) of such Act (20 U.S.C. 
                1059c(b)(3)).
                    ``(D) A predominantly Black institution, as such 
                term is defined in section 318(b)(6) of such Act (20 
                U.S.C. 1059e(b)(6)).
                    ``(E) A Native American-serving, nontribal 
                institution, as such term is defined in section 
                319(b)(2) of such Act (20 U.S.C. 1059f(b)(6)).
                    ``(F) An Alaska Native-serving institution or Native 
                Hawaiian-serving institution, as such terms are defined 
                in section 317(b) of such Act (20 U.S.C. 1059d(b)).
                    ``(G) An Asian American and Native American Pacific 
                Islander-serving institution, as such term is defined in 
                section 320(b) of such Act (20 U.S.C. 1059g(b)).''.

    (c) <<NOTE: Effective date. 38 USC 3698 note.>>  Application.--The 
amendments made by this section shall apply with respect to the 
information provided under section 3698 of title 38, United States Code, 
beginning on the date that is two years after the date of the enactment 
of this Act.
SEC. 4. DELAY OF EFFECTIVE DATE FOR LIMITATION ON COLOCATION AND 
                    ADMINISTRATION OF STATE APPROVING AGENCIES.

    Section 1024 of the Johnny Isakson and David P. Roe, M.D. Veterans 
Health Care and Benefits Improvement Act of 2020 (Public Law 116-
315) <<NOTE: 38 USC 3671 and note.>>  is amended to read as follows:
``SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF STATE 
                          APPROVING AGENCIES.

    ``(a) In General.--Section 3671 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    `` `(c) The Secretary may not recognize a State department or agency 
as the State approving agency for a State for purposes of this chapter 
if such department or agency is administered at, or colocated with, a 
university or university system that offers courses or programs of 
education that are subject to approval under this chapter by the State 
approving agency for that State.'.
    ``(b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is one year after the date of the enactment 
of this Act.''.
SEC. 5. CLARIFICATION OF APPLICABILITY OF TREATMENT OF CERTAIN 
                    FOR-PROFIT EDUCATIONAL INSTITUTIONS.

    (a) Clarification.--Section 1022(c) of the Johnny Isakson and David 
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 
(Public Law 116-315) <<NOTE: 38 USC 3699B note.>>  is amended by 
inserting ``, or the conversion of a for-profit educational institution 
to a public educational institution,'' after ``nonprofit educational 
institution''.

    (b) <<NOTE: 38 USC 3699B note.>>  Effective Date.--The amendment 
made by subsection (a) shall apply as if included in the enactment of 
the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and 
Benefits Improvement Act of 2020 (Public Law 116-315).

[[Page 131 STAT. 284]]

SEC. 6. CLARIFICATIONS REGARDING REQUIREMENTS FOR EDUCATIONAL 
                    INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL 
                    ASSISTANCE PROGRAMS OF THE DEPARTMENT OF 
                    VETERANS AFFAIRS.

    Subsection (f) of section 3679 of title 38, United States Code, as 
added by section 1018 of the Johnny Isakson and David P. Roe, M.D. 
Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 
116-315) <<NOTE: 134 Stat. 4946.>> , is amended--
            (1) in paragraph (1)(E), by inserting ``, to the maximum 
        extent practicable,'' after ``including'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, or any person with whom the institution 
                has an agreement to provide educational programs, 
                marketing, advertising, recruiting or admissions 
                services,'' after ``educational institution'';
                    (B) in paragraph (A)(ii), by striking ``1-month'' 
                and inserting ``one-month''; and
                    (C) by striking subparagraph (B) and inserting the 
                following new subparagraph (B):
            ``(B) Provides a commission, bonus, or other incentive 
        payment based directly or indirectly on success in securing 
        enrollments or financial aid to any persons or entities engaged 
        in any student recruiting or admission activities or in making 
        decisions regarding the award of student financial 
        assistance.'';
            (3) in paragraph (4)(A), by striking clause (ii) and 
        inserting the following new clauses:
            ``(ii) Suspending the approval of the courses and programs 
        of education offered by the educational institution by 
        disapproving new enrollments of eligible veterans and eligible 
        persons in each course or program of education offered by that 
        educational institution.
            ``(iii) Revoking the approval of the courses and programs of 
        education offered by the educational institution by disapproving 
        all enrollments of eligible veterans and eligible persons in 
        each course or program of education offered by that educational 
        institution''; and
            (4) in paragraph (5)(A), by striking ``1-academic-year 
        period'' and inserting ``one-academic-year period''.
SEC. 7. TECHNICAL CORRECTIONS.

    (a) Title 38.--Title 38, United States Code, is amended as follows:
            (1) <<NOTE: 38 USC 1101 prec.>>  The second section 1164, as 
        added by section 5501 the Johnny Isakson and David P. Roe, M.D. 
        Veterans Health Care and Benefits Improvement Act of 2020 
        (Public Law 116-315), is redesignated as section 1166 and 
        transferred so as to appear after section 1165 (and the table of 
        sections at the beginning of chapter 11 of such title is 
        conformed accordingly).
            (2) Subsection (l) of section 3313, as added by section 1010 
        of such Act (as effective on August 1, 2021) <<NOTE: 38 USC 
        3313.>> , is amended to read as follows:

    ``(l) Verification of Enrollment.--
            ``(1) <<NOTE: Requirements.>>  In general.--The Secretary 
        shall require--
                    ``(A) <<NOTE: Deadlines.>>  each educational 
                institution to submit to the Secretary verification of 
                each individual who is enrolled in

[[Page 131 STAT. 285]]

                a course or program of education at the educational 
                institution and is receiving educational assistance 
                under this chapter--
                          ``(i) not later than such time as the 
                      Secretary determines reasonable after the date on 
                      which the individual is enrolled; and
                          ``(ii) not later than such time as the 
                      Secretary determines reasonable after the last 
                      date on which a student is able to withdraw from 
                      the course or program of education without 
                      penalty; and
                    ``(B) each individual who is enrolled in a course or 
                program of education and is receiving educational 
                assistance under this chapter to submit to the Secretary 
                verification of such enrollment for each month during 
                which the individual is so enrolled and receiving such 
                educational assistance.
            ``(2) Form of verification.--Verification under this 
        subsection shall be in an electronic form prescribed by the 
        Secretary.
            ``(3) <<NOTE: Time period.>>  Failure to submit 
        verification.--If an individual fails to submit the verification 
        required under paragraph (1)(B) for two consecutive months, the 
        Secretary may not make a monthly housing stipend payment to the 
        individual under this section until the individual submits such 
        verification.''.
            (3) <<NOTE: 38 USC 3673A.>>  Section 3673A, as added by 
        section 1013 of such Act, is amended--
                    (A) in subsection (a), by striking ``searchable''; 
                and
                    (B) in subsection (c), by inserting ``searchable'' 
                before ``database''.
            (4) The subsection (f) of section 3679, as added by section 
        1017 of such Act, <<NOTE: 38 USC 3679.>>  is redesignated as 
        paragraph (3) of subsection (a) of such section 3679 and is 
        transferred so as to appear after paragraph (2) of such 
        subsection.
            (5) Section 3696(g)(4)(A)(iii)(III), as amended by section 
        1020 of such Act, <<NOTE: 38 USC 3696.>>  is amended by striking 
        ``paragraph (3)(B) of this subsection'' and inserting 
        ``paragraph (3)''.

    (b) Johnny Isakson and David P. Roe, M.D. Veterans Health Care and 
Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, 
M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public 
Law 116-315) is amended as follows:
            (1) In section 1013(a)(1), by inserting ``of title 38'' 
        after ``of chapter 36''.
            (2) In section 2205(c)-- <<NOTE: 38 USC 2408 note.>> 
                    (A) in the heading, by striking ``Effective Date'' 
                and inserting ``Applicability''; and
                    (B) by striking ``the date that is two years after 
                the date of the enactment of this Act'' and inserting 
                ``the date of the enactment of this Act and shall apply 
                with respect to grants applications submitted on or 
                after the date that is two years after the date of the 
                enactment of this Act.''.
            (3) In section 4101(b), <<NOTE: 38 USC 1101 prec.>>  by 
        striking ``subchapter'' and inserting ``chapter''.
            (4) In section 5501--
                    (A) in subsection (a)(1), <<NOTE: 38 USC 1166.>>  by 
                striking ``of such title'' and inserting ``of title 38, 
                United States Code''; and

[[Page 131 STAT. 286]]

                    (B) in subsection (b), by striking ``section 1164'' 
                each place it appears and inserting ``section 1166''.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.

    Approved June 8, 2021.

LEGISLATIVE HISTORY--H.R. 2523:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 167 (2021):
            Apr. 20, considered and passed House.
            May 28, considered and passed Senate.

                                  <all>