Continue VET TEC Authorization Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1877 To amend title 38, United States Code, to require the Secretary of Veterans Affairs to carry out a program under which the Secretary provides certain individuals with the opportunity to enroll in high technology programs of education that the Secretary determines provide training or skills sought by employers in a relevant field or industry, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 8, 2023 Mr. BRAUN (for himself, Mr. RUBIO, and Mr. TILLIS) 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 require the Sec- retary of Veterans Affairs to carry out a program under which the Secretary provides certain individuals with the opportunity to enroll in high technology programs of education that the Secretary determines provide training or skills sought by employers in a relevant field or indus- try, 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 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1877 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Continue VET TEC 2 Authorization Act of 2023’’. 3 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECH- 4 NOLOGY PROGRAM. 5 (a) HIGH TECHNOLOGY PROGRAM.— 6 (1) IN GENERAL.—Chapter 36 of title 38, 7 United States Code, is amended by adding at the 8 end the following new section: 9 ‘‘§ 3699C. High technology program 10 ‘‘(a) ESTABLISHMENT.—(1) The Secretary shall 11 carry out a program under which the Secretary provides 12 covered individuals with the opportunity to enroll in high 13 technology programs of education that the Secretary de- 14 termines provide training or skills sought by employers in 15 a relevant field or industry. 16 ‘‘(2) Not more than 6,000 covered individuals may 17 participate in the program under this section in any fiscal 18 year. 19 ‘‘(b) AMOUNT OF ASSISTANCE.—(1) The Secretary 20 shall provide, to each covered individual who pursues a 21 high technology program of education under this section, 22 educational assistance in amounts equal to the amounts 23 provided under section 3313(c)(1) of this title, including 24 with respect to the housing stipend described in that sec- 25 tion and in accordance with the treatment of programs 26 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1877 IS that are distance learning and programs that are less than 1 half-time. 2 ‘‘(2) Under paragraph (1), the Secretary shall pro- 3 vide such amounts of educational assistance to a covered 4 individual for each of the following: 5 ‘‘(A) A high technology program of education. 6 ‘‘(B) A second such program if— 7 ‘‘(i) the second such program begins at 8 least 18 months after the covered individual 9 graduates from the first such program; and 10 ‘‘(ii) the covered individual uses edu- 11 cational assistance under chapter 33 of this 12 title to pursue the second such program. 13 ‘‘(c) CONTRACTS.—(1) For purposes of carrying out 14 subsection (a), the Secretary shall seek to enter into con- 15 tracts with any number of qualified providers of high tech- 16 nology programs of education for the provision of such 17 programs to covered individuals. Each such contract shall 18 provide for the conditions under which the Secretary may 19 terminate the contract with the provider and the proce- 20 dures for providing for the graduation of students who 21 were enrolled in a program provided by such provider in 22 the case of such a termination. 23 ‘‘(2) A contract under this subsection shall provide 24 that the Secretary shall pay to a provider— 25 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1877 IS ‘‘(A) upon the enrollment of a covered indi- 1 vidual in the program, 25 percent of the cost of the 2 tuition and other fees for the program of education 3 for the individual; 4 ‘‘(B) upon graduation of the individual from 5 the program, 25 percent of such cost; and 6 ‘‘(C) 50 percent of such cost upon— 7 ‘‘(i) the successful employment of the cov- 8 ered individual for a period— 9 ‘‘(I) of 180 days in the field of study 10 of the program; and 11 ‘‘(II) that begins not later than 180 12 days following graduation of the covered 13 individual from the program; 14 ‘‘(ii) the employment of the individual by 15 the provider for a period of one year; or 16 ‘‘(iii) the enrollment of the individual in a 17 program of education to continue education in 18 such field of study. 19 ‘‘(3) For purposes of this section, a provider of a high 20 technology program of education is qualified if— 21 ‘‘(A) the provider employs instructors whom the 22 Secretary determines are experts in their respective 23 fields in accordance with paragraph (5); 24 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1877 IS ‘‘(B) the provider has successfully provided the 1 high technology program for at least one year; 2 ‘‘(C) the provider does not charge tuition and 3 fees to a covered individual who receives assistance 4 under this section to pursue such program that are 5 higher than the tuition and fees charged by such 6 provider to another individual; and 7 ‘‘(D) the provider meets the approval criteria 8 developed by the Secretary under paragraph (4). 9 ‘‘(4)(A) The Secretary shall prescribe criteria for ap- 10 proving providers of a high technology program of edu- 11 cation under this section. 12 ‘‘(B) In developing such criteria, the Secretary may 13 consult with State approving agencies. 14 ‘‘(C) Such criteria are not required to meet the re- 15 quirements of section 3672 of this title. 16 ‘‘(D) Such criteria shall include the job placement 17 rate, in the field of study of a program of education, of 18 covered individuals who complete such program of edu- 19 cation. 20 ‘‘(5) The Secretary shall determine whether instruc- 21 tors are experts under paragraph (3)(A) based on evidence 22 furnished to the Secretary by the provider regarding the 23 ability of the instructors to— 24 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1877 IS ‘‘(A) identify professions in need of new em- 1 ployees to hire, tailor the programs to meet market 2 needs, and identify the employers likely to hire grad- 3 uates; 4 ‘‘(B) effectively teach the skills offered to cov- 5 ered individuals; 6 ‘‘(C) provide relevant industry experience in the 7 fields of programs offered to incoming covered indi- 8 viduals; and 9 ‘‘(D) demonstrate relevant industry experience 10 in such fields of programs. 11 ‘‘(6) In entering into contracts under this subsection, 12 the Secretary shall give preference to a provider of a high 13 technology program of education— 14 ‘‘(A) from which at least 70 percent of grad- 15 uates find full-time employment in the field of study 16 of the program during the 180-day period beginning 17 on the date the student graduates from the program; 18 or 19 ‘‘(B) that offers tuition reimbursement for any 20 student who graduates from such a program and 21 does not find employment described in subparagraph 22 (A). 23 ‘‘(d) EFFECT ON OTHER ENTITLEMENT.—(1) If a 24 covered individual enrolled in a high technology program 25 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1877 IS of education under this section has remaining entitlement 1 to educational assistance under chapter 30, 32, 33, 34, 2 or 35 of this title, entitlement of the individual to edu- 3 cational assistance under this section shall be charged at 4 the rate of one month of such remaining entitlement for 5 each such month of educational assistance under this sec- 6 tion. 7 ‘‘(2) The Secretary may not consider enrollment in 8 a high technology program of education under this section 9 to be assistance under a provision of law referred to in 10 section 3695 of this title. 11 ‘‘(e) REQUIREMENTS FOR EDUCATIONAL INSTITU- 12 TIONS.—(1) The Secretary shall not approve the enroll- 13 ment of any covered individual, not already enrolled, in 14 any high technology programs of education under this sec- 15 tion for any period during which the Secretary finds that 16 more than 85 percent of the students enrolled in the pro- 17 gram are having all or part of their tuition, fees, or other 18 charges paid to or for them by the educational institution 19 or by the Department of Veterans Affairs under this title 20 or under chapter 1606 or 1607 of title 10, except with 21 respect to tuition, fees, or other charges that are paid 22 under a payment plan at an educational institution that 23 the Secretary determines has a history of offering pay- 24 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1877 IS ment plans that are completed not later than 180 days 1 after the end of the applicable term, quarter, or semester. 2 ‘‘(2) The Secretary may waive a requirement of para- 3 graph (1) if the Secretary determines, pursuant to regula- 4 tions which the Secretary shall prescribe, such waiver to 5 be in the interest of the covered individual and the Federal 6 Government. Not later than 30 days after the Secretary 7 waives such a requirement, the Secretary shall submit to 8 the Committees on Veterans’ Affairs of the Senate and 9 House of Representatives a report regarding such waiver. 10 ‘‘(3)(A)(i) The Secretary shall establish and maintain 11 a process by which an educational institution may request 12 a review of a determination that the educational institu- 13 tion does not meet the requirements of paragraph (1). 14 ‘‘(ii) The Secretary may consult with a State approv- 15 ing agency regarding such process or such a review. 16 ‘‘(iii) Not later than 180 days after the Secretary es- 17 tablishes or revises a process under this subparagraph, the 18 Secretary shall submit to the Committee on Veterans’ Af- 19 fairs of the Senate and the Committee on Veterans’ Af- 20 fairs of the House of Representatives a report regarding 21 such process. 22 ‘‘(B) An educational institution that requests a re- 23 view under subparagraph (A)— 24 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1877 IS ‘‘(i) shall request the review not later than 30 1 days after the start of the term, quarter, or semester 2 for which the determination described in subpara- 3 graph (A) applies; and 4 ‘‘(ii) may include any information that the edu- 5 cational institution believes the Department should 6 have taken into account when making the deter- 7 mination, including with respect to any mitigating 8 circumstances. 9 ‘‘(f) ANNUAL REPORTS.—Not later than one year 10 after the date of the enactment of the Continue VET TEC 11 Authorization Act of 2023, and annually thereafter until 12 the termination date specified in subsection (i), the Sec- 13 retary shall submit to the Committee on Veterans’ Affairs 14 of the Senate and the Committee on Veterans’ Affairs of 15 the House of Representatives a report on the operation 16 of program under this section during the year covered by 17 the report. Each such report shall include each of the fol- 18 lowing: 19 ‘‘(1) The number of covered individuals enrolled 20 in the program, disaggregated by type of educational 21 institution, during the year covered by the report. 22 ‘‘(2) The number of covered individuals who 23 completed a high technology program of education 24 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1877 IS under the program during the year covered by the 1 report. 2 ‘‘(3) The average employment rate of covered 3 individuals who completed such a program of edu- 4 cation during such year, as of 180 days after the 5 date of completion. 6 ‘‘(4) The average length of time between the 7 completion of such a program of education and em- 8 ployment. 9 ‘‘(5) The total number of covered individuals 10 who completed a program of education under the 11 program and who, as of the date of the submission 12 of the report, are employed in a position related to 13 technology. 14 ‘‘(6) 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, in various geographic areas deter- 18 mined by the Secretary. 19 ‘‘(7) The average salary of all individuals em- 20 ployed in positions related to technology in the geo- 21 graphic areas determined under subparagraph (F), 22 and the difference, if any, between such average sal- 23 ary and the average salary of a covered individual 24 who completed a program of education under the 25 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1877.IS S1877 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1877 IS program and who is employed in a position related 1 to technology. 2 ‘‘(8) The number of covered individuals who 3 completed a program of education under the pro- 4 gram and who subsequently enrolled in a second 5 program of education under the program. 6 ‘‘(g) COLLECTION OF INFORMATION; CONSULTA- 7 TION.—(1) The Secretary shall develop practices to use 8 to collect information about covered individuals and pro- 9 viders of high technology programs of education. 10 ‘‘(2) For the purpose of carrying out program under 11 this section, the Secretary may consult with providers of 12 high technology programs of education and may establish 13 an advisory group made up of representatives of such pro- 14 viders, private employers in the technology field, and other 15 relevant groups or entities, as the Secretary determines 16 necessary. 17 ‘‘(h) DEFINITIONS.—In this section: 18 ‘‘(1) The term ‘covered individual’ means any of 19 the following: 20 ‘‘(A) A veteran whom the Secretary deter- 21 mines— 22 ‘‘(i) served an aggregate of at least 36 23 months on active duty in the Armed 24 Forces (including service on active duty in 25 VerDate Sep 11 2014 04:38 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00011 F [Text truncated for display. Full text available on Congress.gov.]