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H.R. 2523 — Training in High-demand Roles to Improve Veteran Employment Act (THRIVE Act)

Summary

House bill 2523, enrolled in the One Hundred Seventeenth Congress, first session, an Act to amend the American Rescue Plan Act of 2021 to improve the COVID–19 Veteran Rapid Retraining Assistance program and to make certain technical corrections to the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020. Section 1 gives the short title Training in High-demand Roles to Improve Veteran Employment Act, or the THRIVE Act. Section 2 amends section 8006 of the American Rescue Plan Act of 2021 and provides that the Secretary of Veterans Affairs may add and remove occupations from the list of high-demand occupations. Section 8 states how the budgetary effects are determined under the Statutory Pay-As-You-Go Act of 2010.

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Congressional materials
Document type
Bills Bills 117Hr2523Enr Bills 117Hr2523Enr
Case
Bills Bills 117Hr2523Enr Bills 117Hr2523Enr

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“H.R. 2523 — Training in High-demand Roles to Improve Veteran Employment Act (THRIVE Act).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr2523enr-bills-117hr2523enr/, SHA-256 2eb065e29940baf06dce2cb31f8e2d07780a6d550baca164050f17b24417e398.

Full text

H. R. 2523



               One Hundred Seventeenth Congress
                           of the
                   United States of America
                                 AT T H E F I R S T S E S S I O N

                      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,
             SECTION 1. 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) 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 appro-
                        priate.’’;
                        (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 sub-
                  sections (k), (l), and (m), respectively;
                        (4) by inserting after subsection (e) the following new sub-
                  sections:
                  ‘‘(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
                            H. R. 2523—2

     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 non-
     profit 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 employ-
     ment before the end of the second calendar quarter after exiting
     the program.
           ‘‘(2) The percentage of such veterans who found employ-
     ment 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 recog-
     nized 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 Commit-
tees 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 pay-
     ment of readjustment and rehabilitation benefits to or on behalf
                             H. R. 2523—3

     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 Serv-
           ices 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 there-
           from 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).
SEC. 3. INFORMATION PROVIDED BY DEPARTMENT OF VETERANS
         AFFAIRS ABOUT POSTSECONDARY EDUCATIONAL INSTITU-
         TIONS.
     (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 for-
     mat.’’.
     (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:
                            H. R. 2523—4

              ‘‘(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.
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) 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 CER-
         TAIN FOR-PROFIT EDUCATIONAL INSTITUTIONS.
     (a) CLARIFICATION.—Section 1022(c) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits Improve-
ment 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 institu-
tion’’.
     (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).
                             H. R. 2523—5
SEC. 6. CLARIFICATIONS REGARDING REQUIREMENTS FOR EDU-
        CATIONAL INSTITUTIONS PARTICIPATING IN THE EDU-
        CATIONAL 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 ‘‘edu-
          cational 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 pay-
     ment based directly or indirectly on success in securing enroll-
     ments 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 dis-
     approving 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 dis-
     approving all enrollments of eligible veterans and eligible per-
     sons 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) 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 Sec-
           retary verification of each individual who is enrolled in
                              H. R. 2523—6

          a course or program of education at the educational institu-
          tion and is receiving educational assistance under this
          chapter—
                     ‘‘(i) not later than such time as the Secretary deter-
                mines 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 pro-
                gram of education without penalty; and
                ‘‘(B) each individual who is enrolled in a course or
          program of education and is receiving educational assist-
          ance 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 sub-
    section shall be in an electronic form prescribed by the Sec-
    retary.
          ‘‘(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
                           H. R. 2523—7

            (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 Com-
mittee, 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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