[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2523 Enrolled Bill (ENR)]
H.R.2523
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty-one
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Training in High-demand Roles to
Improve Veteran Employment Act'' or the ``THRIVE Act''.

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PROGRAM.
(a) In General.--Section 8006 of the American Rescue Plan Act of
2021 (Public Law 117-2) 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) 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) 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
``(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) 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) 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) 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 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) 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).

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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) 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:
``(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) 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.

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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)
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.''.

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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) is amended by inserting ``, or the conversion of a
for-profit educational institution to a public educational
institution,'' after ``nonprofit educational institution''.
(b) 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).

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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), 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''.

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(a) Title 38.--Title 38, United States Code, is amended as follows:
(1) 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), is amended to read as
follows:
``(l) Verification of Enrollment.--
``(1) In general.--The Secretary shall require--
``(A) each educational institution to submit to the
Secretary verification of each individual who is enrolled in 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) 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) 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, 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, 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)--
(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), by striking ``subchapter'' and
inserting ``chapter''.
(4) In section 5501--
(A) in subsection (a)(1), by striking ``of such title'' and
inserting ``of title 38, United States Code''; and
(B) in subsection (b), by striking ``section 1164'' each
place it appears and inserting ``section 1166''.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Training in High-demand Roles to Improve Veteran Employment Act — HR. 2523

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