Public Law 117–16 — Training in High-demand Roles to Improve Veteran Employment Act (June 8, 2021)
Summary
Public Law 117–16, approved June 8, 2021, is the Training in High-demand Roles to Improve Veteran Employment Act, or the THRIVE Act. It amends the American Rescue Plan Act of 2021 to improve the COVID–19 Veteran Rapid Retraining Assistance program and makes technical corrections to the Johnny Isakson and David P. Roe Veterans Health Care and Benefits Improvement Act of 2020. Section 2 provides that no retraining assistance may be paid for a covered program of education that begins on or after December 11, 2022, and states that not more than $386,000,000 may be obligated or expended to carry out the section.
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“Public Law 117–16 — Training in High-demand Roles to Improve Veteran Employment Act (June 8, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plaw-plaw-117publ16-plaw-117publ16/
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PUBLIC LAW 117–16—JUNE 8, 2021
TRAINING IN HIGH-DEMAND ROLES TO
IMPROVE VETERAN EMPLOYMENT ACT
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135 STAT. 280 PUBLIC LAW 117–16—JUNE 8, 2021
Public Law 117–16
117th Congress
An Act
To amend the American Rescue Plan Act of 2021 to improve the COVID–19 Veteran
June 8, 2021 Rapid Retraining Assistance program, to make certain technical corrections to
[H.R. 2523] 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
Training in High- the United States of America in Congress assembled,
demand Roles to
Improve Veteran SECTION 1. SHORT TITLE.
Employment Act.
38 USC 101 note. 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
Ante, p. 113. 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:
Consultation. ‘‘(f) EMPLOYEE ASSISTANCE.—The Secretary of Veterans Affairs,
Deadlines. in consultation with the Secretary of Labor, shall contact each
veteran who pursues a covered program of education under this
section—
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Notification. ‘‘(1) not later than 30 days after the date on which the
veteran begins the program of education to notify the veteran
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PUBLIC LAW 117–16—JUNE 8, 2021 135 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) IN GENERAL.—The Secretary of Veterans Affairs shall Memorandum.
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, Coordination.
in coordination with the Secretary of Labor, shall contact each Time periods.
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- Time period.
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 Effective date.
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
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be carried out as if such section were authorized for the pay-
ment of readjustment and rehabilitation benefits to or on behalf
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135 STAT. 282 PUBLIC LAW 117–16—JUNE 8, 2021
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.’’.
38 USC 3001 (b) EFFECTIVE DATE.—The amendments made by subsection
note prec. (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;
Determination. ‘‘(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).
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‘‘(4) The term ‘minority serving institution’ means any of
the following:
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PUBLIC LAW 117–16—JUNE 8, 2021 135 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) APPLICATION.—The amendments made by this section shall Effective date.
apply with respect to the information provided under section 3698 38 USC 3698
of title 38, United States Code, beginning on the date that is note.
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: 38 USC 3671 and
note.
‘‘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 38 USC 3699B
‘‘, or the conversion of a for-profit educational institution to a note.
public educational institution,’’ after ‘‘nonprofit educational institu-
tion’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 38 USC 3699B
shall apply as if included in the enactment of the Johnny Isakson note.
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and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116–315).
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135 STAT. 284 PUBLIC LAW 117–16—JUNE 8, 2021
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
134 Stat. 4946. 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:
38 USC 1101 (1) The second section 1164, as added by section 5501
prec. 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
38 USC 3313. 1010 of such Act (as effective on August 1, 2021), is amended
to read as follows:
‘‘(l) VERIFICATION OF ENROLLMENT.—
Requirements. ‘‘(1) IN GENERAL.—The Secretary shall require—
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Deadlines. ‘‘(A) each educational institution to submit to the Sec-
retary verification of each individual who is enrolled in
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PUBLIC LAW 117–16—JUNE 8, 2021 135 STAT. 285
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 Time period.
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, 38 USC 3673A.
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 38 USC 3679.
(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) 38 USC 3696.
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)— 38 USC 2408
(A) in the heading, by striking ‘‘EFFECTIVE DATE’’ and note.
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 38 USC 1101
inserting ‘‘chapter’’. prec.
(4) In section 5501—
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(A) in subsection (a)(1), by striking ‘‘of such title’’ and 38 USC 1166.
inserting ‘‘of title 38, United States Code’’; and
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135 STAT. 286 PUBLIC LAW 117–16—JUNE 8, 2021
(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.
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.
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