VET–TEC Authorization Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1678 To amend title 38, United States Code, to reauthorize the high technology program of the Department of Veterans Affairs, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 18, 2023 Mr. KING (for himself and Mr. CRAMER) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to reauthorize the high technology program of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘VET–TEC Authoriza- 4 tion Act of 2023’’. 5 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECH- 6 NOLOGY PROGRAM. 7 (a) HIGH TECHNOLOGY PROGRAM.— 8 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1678 IS (1) IN GENERAL.—Chapter 36 of title 38, 1 United States Code, is amended by adding at the 2 end the following new section: 3 ‘‘§ 3699C. High technology program 4 ‘‘(a) ESTABLISHMENT.—(1) The Secretary shall 5 carry out a program under which the Secretary provides 6 covered individuals with the opportunity to enroll in high 7 technology programs of education that the Secretary de- 8 termines provide training or skills sought by employers in 9 a relevant field or industry. 10 ‘‘(2) Not more than 6,000 covered individuals may 11 participate in the program under this section in any fiscal 12 year. 13 ‘‘(b) AMOUNT OF ASSISTANCE.—(1) The Secretary 14 shall provide, to each covered individual who pursues a 15 high technology program of education under this section, 16 educational assistance in amounts equal to the amounts 17 provided under section 3313(c)(1) of this title, including 18 with respect to the housing stipend described in that sec- 19 tion and in accordance with the treatment of programs 20 that are distance learning and programs that are less than 21 half-time. 22 ‘‘(2) Under paragraph (1), the Secretary shall pro- 23 vide such amounts of educational assistance to a covered 24 individual for each of the following: 25 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1678 IS ‘‘(A) A high technology program of education. 1 ‘‘(B) A second such program if— 2 ‘‘(i) the second such program begins at 3 least 18 months after the covered individual 4 graduates from the first such program; and 5 ‘‘(ii) the covered individual uses edu- 6 cational assistance under chapter 33 of this 7 title to pursue the second such program. 8 ‘‘(c) CONTRACTS.—(1) For purposes of carrying out 9 subsection (a), the Secretary shall seek to enter into con- 10 tracts with any number of qualified providers of high tech- 11 nology programs of education for the provision of such 12 programs to covered individuals. Each such contract shall 13 provide for the conditions under which the Secretary may 14 terminate the contract with the provider and the proce- 15 dures for providing for the graduation of students who 16 were enrolled in a program provided by such provider in 17 the case of such a termination. 18 ‘‘(2) A contract under this subsection shall provide 19 that the Secretary shall pay to a provider— 20 ‘‘(A) upon the enrollment of a covered indi- 21 vidual in the program, 25 percent of the cost of the 22 tuition and other fees for the program of education 23 for the individual; 24 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1678 IS ‘‘(B) upon graduation of the individual from 1 the program, 25 percent of such cost; and 2 ‘‘(C) 50 percent of such cost upon— 3 ‘‘(i) the successful employment of the cov- 4 ered individual for a period— 5 ‘‘(I) of 180 days in the field of study 6 of the program; and 7 ‘‘(II) that begins not later than 180 8 days following graduation of the covered 9 individual from the program; 10 ‘‘(ii) the employment of the individual by 11 the provider for a period of one year; or 12 ‘‘(iii) the enrollment of the individual in a 13 program of education to continue education in 14 such field of study. 15 ‘‘(3) For purposes of this section, a provider of a high 16 technology program of education is qualified if— 17 ‘‘(A) the provider employs instructors whom the 18 Secretary determines are experts in their respective 19 fields in accordance with paragraph (5); 20 ‘‘(B) the provider has successfully provided the 21 high technology program for at least one year; 22 ‘‘(C) the provider does not charge tuition and 23 fees to a covered individual who receives assistance 24 under this section to pursue such program that are 25 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1678 IS higher than the tuition and fees charged by such 1 provider to another individual; and 2 ‘‘(D) the provider meets the approval criteria 3 developed by the Secretary under paragraph (4). 4 ‘‘(4)(A) The Secretary shall prescribe criteria for ap- 5 proving providers of a high technology program of edu- 6 cation under this section. 7 ‘‘(B) In developing such criteria, the Secretary may 8 consult with State approving agencies. 9 ‘‘(C) Such criteria are not required to meet the re- 10 quirements of section 3672 of this title. 11 ‘‘(D) Such criteria shall include the job placement 12 rate, in the field of study of a program of education, of 13 covered individuals who complete such program of edu- 14 cation. 15 ‘‘(5) The Secretary shall determine whether instruc- 16 tors are experts under paragraph (3)(A) based on evidence 17 furnished to the Secretary by the provider regarding the 18 ability of the instructors to— 19 ‘‘(A) identify professions in need of new em- 20 ployees to hire, tailor the programs to meet market 21 needs, and identify the employers likely to hire grad- 22 uates; 23 ‘‘(B) effectively teach the skills offered to cov- 24 ered individuals; 25 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1678 IS ‘‘(C) provide relevant industry experience in the 1 fields of programs offered to incoming covered indi- 2 viduals; and 3 ‘‘(D) demonstrate relevant industry experience 4 in such fields of programs. 5 ‘‘(6) In entering into contracts under this subsection, 6 the Secretary shall give preference to a provider of a high 7 technology program of education— 8 ‘‘(A) from which at least 70 percent of grad- 9 uates find full-time employment in the field of study 10 of the program during the 180-day period beginning 11 on the date the student graduates from the program; 12 or 13 ‘‘(B) that offers tuition reimbursement for any 14 student who graduates from such a program and 15 does not find employment described in subparagraph 16 (A). 17 ‘‘(d) EFFECT ON OTHER ENTITLEMENT.—(1) If a 18 covered individual enrolled in a high technology program 19 of education under this section has remaining entitlement 20 to educational assistance under chapter 30, 32, 33, 34, 21 or 35 of this title, entitlement of the individual to edu- 22 cational assistance under this section shall be charged at 23 the rate of one month of such remaining entitlement for 24 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1678 IS each such month of educational assistance under this sec- 1 tion. 2 ‘‘(2) The Secretary may not consider enrollment in 3 a high technology program of education under this section 4 to be assistance under a provision of law referred to in 5 section 3695 of this title. 6 ‘‘(e) REQUIREMENTS FOR EDUCATIONAL INSTITU- 7 TIONS.—(1) The Secretary shall not approve the enroll- 8 ment of any covered individual, not already enrolled, in 9 any high technology programs of education under this sec- 10 tion for any period during which the Secretary finds that 11 more than 85 percent of the students enrolled in the pro- 12 gram are having all or part of their tuition, fees, or other 13 charges paid to or for them by the educational institution 14 or by the Department of Veterans Affairs under this title 15 or under chapter 1606 or 1607 of title 10, except with 16 respect to tuition, fees, or other charges that are paid 17 under a payment plan at an educational institution that 18 the Secretary determines has a history of offering pay- 19 ment plans that are completed not later than 180 days 20 after the end of the applicable term, quarter, or semester. 21 ‘‘(2) The Secretary may waive a requirement of para- 22 graph (1) if the Secretary determines, pursuant to regula- 23 tions which the Secretary shall prescribe, such waiver to 24 be in the interest of the covered individual and the Federal 25 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1678 IS Government. Not later than 30 days after the Secretary 1 waives such a requirement, the Secretary shall submit to 2 the Committees on Veterans’ Affairs of the Senate and 3 House of Representatives a report regarding such waiver. 4 ‘‘(3)(A)(i) The Secretary shall establish and maintain 5 a process by which an educational institution may request 6 a review of a determination that the educational institu- 7 tion does not meet the requirements of paragraph (1). 8 ‘‘(ii) The Secretary may consult with a State approv- 9 ing agency regarding such process or such a review. 10 ‘‘(iii) Not later than 180 days after the Secretary es- 11 tablishes or revises a process under this subparagraph, the 12 Secretary shall submit to the Committees on Veterans’ Af- 13 fairs of the Senate and House of Representatives a report 14 regarding such process. 15 ‘‘(B) An educational institution that requests a re- 16 view under subparagraph (A)— 17 ‘‘(i) shall request the review not later than 30 18 days after the start of the term, quarter, or semester 19 for which the determination described in subpara- 20 graph (A) applies; and 21 ‘‘(ii) may include any information that the edu- 22 cational institution believes the Department should 23 have taken into account when making the deter- 24 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1678 IS mination, including with respect to any mitigating 1 circumstances. 2 ‘‘(f) ANNUAL REPORTS.—Not later than one year 3 after the date of the enactment of this section, and annu- 4 ally thereafter until the termination date specified in sub- 5 section (i), the Secretary shall submit to the Committee 6 on Veterans’ Affairs of the Senate and the Committee on 7 Veterans’ Affairs of the House of Representatives a report 8 on the operation of programs under this section during 9 the year covered by the report. Each such report shall in- 10 clude each of the following: 11 ‘‘(1) The number of covered individuals enrolled 12 in the program, disaggregated by type of educational 13 institution, during the year covered by the report. 14 ‘‘(2) The number of covered individuals who 15 completed a high technology program of education 16 under the program during the year covered by the 17 report. 18 ‘‘(3) The average employment rate of covered 19 individuals who completed such a program of edu- 20 cation during such year, as of 180 days after the 21 date of completion. 22 ‘‘(4) The average length of time between the 23 completion of such a program of education and em- 24 ployment. 25 VerDate Sep 11 2014 22:40 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1678 IS ‘‘(5) The total number of covered individuals 1 who completed a program of education under the 2 program and who, as of the date of the submission 3 of the report, are employed in a position related to 4 technology. 5 ‘‘(6) The average salary of a covered individual 6 who completed a program of education under the 7 program and who is employed in a position related 8 to technology, in various geographic areas deter- 9 mined by the Secretary. 10 ‘‘(7) The average salary of all individuals em- 11 ployed in positions related to technology in the geo- 12 graphic areas determined under subparagraph (F), 13 and the difference, if any, between such average sal- 14 ary and the average salary of a covered individual 15 who completed a program of education under the 16 program and who is employed in a position related 17 to technology. 18 ‘‘(8) The number of covered individuals who 19 completed a program of education under the pro- 20 gram and who subsequently enrolled in a second 21 program of education under the program. 22 ‘‘(g) COLLECTION OF INFORMATION; CONSULTA- 23 TION.—(1) The Secretary shall develop practices to use 24 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1678 IS to collect information about covered individuals and pro- 1 viders of high technology programs of education. 2 ‘‘(2) For the purpose of carrying out program under 3 this section, the Secretary may consult with providers of 4 high technology programs of education and may establish 5 an advisory group made up of representatives of such pro- 6 viders, private employers in the technology field, and other 7 relevant groups or entities, as the Secretary determines 8 necessary. 9 ‘‘(h) DEFINITIONS.—In this section: 10 ‘‘(1) The term ‘covered individual’ means any of 11 the following: 12 ‘‘(A) A veteran whom the Secretary deter- 13 mines— 14 ‘‘(i) served an aggregate of at least 36 15 months on active duty in the Armed 16 Forces (including service on active duty in 17 entry level and skill training) and was dis- 18 charged or released therefrom under condi- 19 tions other than dishonorable; and 20 ‘‘(ii) has not attained the age of 62. 21 ‘‘(B) A member of the Armed Forces that 22 the Secretary determines will become a veteran 23 described in subparagraph (A) fewer than 180 24 days after the date of such determination. 25 VerDate Sep 11 2014 05:13 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1678.IS S1678 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1678 IS ‘‘(2) The term ‘high technology program of edu- 1 cation’ means a program of education— 2 ‘‘(A) offere [Text truncated for display. 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