Sec. 211. VETERANS RETRAINING ASSISTANCE PROGRAM
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## SEC. 211 VETERANS RETRAINING ASSISTANCE PROGRAM **[**[38 U.S.C. 4100 note](/us/usc/t38/s4100)**]** ###
(a)Program Authorized ####
(1)In general Not later than July 1, 2012, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, establish and commence a program of retraining assistance for eligible veterans. ####
(2)Number of eligible veterans The number of unique eligible veterans who participate in the program established under paragraph
(1)may not exceed— #####
(A)45,000 during fiscal year 2012; and #####
(B)54,000 during the period beginning October 1, 2012, and ending March 31, 2014. ###
(b)Retraining Assistance Except as provided by subsection (k), each veteran who participates in the program established under subsection (a)(1) shall be entitled to up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs. Such retraining assistance may only be used by the veteran to pursue a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, on a full-time basis, that— ####
(1)is approved under chapter 36 of such title; ####
(2)is offered by a community college or technical school; ####
(3)leads to an associate degree or a certificate (or other similar evidence of the completion of the program of education or training); ####
(4)is designed to provide training for a high-demand occupation, as determined by the Commissioner of Labor Statistics; and ####
(5)begins on or after July 1, 2012. ###
(c)Monthly Certification Each veteran who participates in the program established under subsection (a)(1) shall certify to the Secretary of Veterans Affairs the enrollment of the veteran in a program of education described in subsection
(b)for each month in which the veteran participates in the program. ###
(d)Amount of Assistance The monthly amount of the retraining assistance payable under this section is the amount in effect under section 3015(a)(1) of title 38, United States Code. ###
(e)Eligibility ####
(1)In general For purposes of this section, an eligible veteran is a veteran who— #####
(A)as of the date of the submittal of the application for assistance under this section, is at least 35 years of age but not more than 60 years of age; #####
(B)was last discharged from active duty service in the Armed Forces under conditions other than dishonorable; #####
(C)as of the date of the submittal of the application for assistance under this section, is unemployed; #####
(D)as of the date of the submittal of the application for assistance under this section, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code; #####
(E)is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; #####
(F)was not and is not enrolled in any Federal or State job training program at any time during the 180-day period ending on the date of the submittal of the application for assistance under this section; and #####
(G)by not later than October 1, 2013, submits to the Secretary of Labor an application for assistance under this section containing such information and assurances as that Secretary may require. ####
(2)Determination of eligibility #####
(A)Determination by secretary of labor ######
(i)In general For each application for assistance under this section received by the Secretary of Labor from an applicant, the Secretary of Labor shall determine whether the applicant is eligible for such assistance under subparagraphs (A), (C), (F), and
(G)of paragraph (1). ######
(ii)Referral to secretary of veterans affairs If the Secretary of Labor determines under clause
(i)that an applicant is eligible for assistance under this section, the Secretary of Labor shall forward the application of such applicant to the Secretary of Veterans Affairs in accordance with the terms of the agreement required by subsection (h). #####
(B)Determination by secretary of veterans affairs For each application relating to an applicant received by the Secretary of Veterans Affairs under subparagraph (A)(ii), the Secretary of Veterans Affairs shall determine under subparagraphs (B), (D), and
(E)of paragraph
(1)whether such applicant is eligible for assistance under this section. ###
(f)Employment Assistance For each veteran who participates in the program established under subsection (a)(1), the Secretary of Labor shall contact such veteran not later than 30 days after the date on which the veteran completes, or terminates participation in, such program to facilitate employment of such veteran and availability or provision of employment placement services to such veteran. ###
(g)Charging of Assistance Against Other Entitlement Assistance provided under this section shall be counted against the aggregate period for which section 3695 of title 38, United States Code, limits the individual’s receipt of educational assistance under laws administered by the Secretary of Veterans Affairs. ###
(h)Joint Agreement ####
(1)In general The Secretary of Veterans Affairs and the Secretary of Labor shall enter into an agreement to carry out this section. ####
(2)Appeals process The agreement required by paragraph
(1)shall include establishment of a process for resolving disputes relating to and appeals of decisions of the Secretaries under subsection (e)(2). ###
(i)Report ####
(1)In general Not later than July 1, 2014, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, submit to the appropriate committees of Congress a report on the retraining assistance provided under this section. ####
(2)Elements The report required by paragraph
(1)shall include the following: #####
(A)The total number of— ######
(i)eligible veterans who participated; and ######
(ii)associates degrees or certificates awarded (or other similar evidence of the completion of the program of education or training earned). #####
(B)Data related to the employment status of eligible veterans who participated. ###
(j)Funding Payments under this section shall be made from amounts appropriated to or otherwise made available to the Department of Veterans Affairs for the payment of readjustment benefits. Not more than $2,000,000 shall be made available from such amounts for information technology expenses (not including personnel costs) associated with the administration of the program established under subsection (a)(1). ###
(k)Termination of Authority The authority to make payments under this section shall terminate on March 31, 2014. ###
(l)Appropriate Committees of Congress Defined In this section, the term “appropriate committees of Congress” means— ####
(1)the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pension of the Senate; and ####
(2)the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives. ## Subtitle B Improving the Transition Assistance Program
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Sec. 211
VETERANS RETRAINING ASSISTANCE PROGRAM
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