[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5545 Received in Senate (RDS)]
<DOC>
117th CONGRESS
1st Session
H. R. 5545
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2021
Received
_______________________________________________________________________
AN ACT
To extend certain expiring provisions of law relating to benefits
provided under Department of Veterans Affairs educational assistance
programs during COVID-19 pandemic, 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 ``Responsible Education Mitigating
Options and Technical Extensions Act'' or the ``REMOTE Act''.
SEC. 2. EXTENSIONS OF CERTAIN PROVISIONS OF LAW RELATING TO BENEFITS
PROVIDED UNDER DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL
ASSISTANCE PROGRAMS DURING COVID-19 PANDEMIC.
(a) Extension of Student Veteran Coronavirus Response Act of
2020.--Section 2 of the Student Veteran Coronavirus Response Act of
2020 (Public Law 116-140; 38 U.S.C. 3031 note), as amended by section
5202(a) of the Department of Veterans Affairs Expiring Authorities Act
of 2020 (Division E of Public Law 116-159), is further amended by
striking ``December 21, 2021'' and inserting ``June 1, 2022''.
(b) Extension of Period for Continuation of Department of Veterans
Affairs Educational Assistance Benefits for Certain Programs of
Education Converted to Distance Learning by Reason of Emergencies and
Health-related Situations.--Section 1(b) of Public Law 116-128 (38
U.S.C. 3001 note prec.), as amended by section 5202(b) of the
Department of Veterans Affairs Expiring Authorities Act of 2020
(Division E of Public Law 116-159), is further amended by striking
``December 21, 2021'' and inserting ``June 1, 2022''.
SEC. 3. AMENDMENTS TO REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS
PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PROGRAMS OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Waiver of Verification of Enrollment for Certain Educational
Institutions.--Section 3313(l) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Waiver.--The Secretary may waive the requirements of
this subsection for an educational institution that the
Secretary has determined uses a flat tuition and fee structure
that would make the use of a second verification under this
subsection unnecessary.''.
(b) Limitations on Authority to Disapprove of Courses.--
(1) In general.--Subsection (f) of section 3679 of title
38, United States Code, is amended--
(A) in paragraph (2)(B)--
(i) by inserting ``, except for the
recruitment of foreign students residing in
foreign countries who are not eligible to
receive Federal student assistance'' after
``assistance''; and
(ii) by adding at the end the following new
subparagraph:
``(C) In determining whether a violation of subparagraph
(B) has occurred, the State approving agency, or the Secretary
when acting in the place of the State approving agency, shall
construe the requirements of this paragraph in accordance with
the regulations and guidance prescribed by the Secretary of
Education under section 487(a)(20) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(20)).'';
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following
new paragraph (7):
``(7) This subsection shall not apply to an educational
institution--
``(A) located in a foreign country; or
``(B) that provides to a covered individual consumer
information regarding costs of the program of education
(including financial aid available to such covered individual)
using a form or template developed by the Secretary of
Education.''.
(2) Application date.--The Secretary of Veterans Affairs
may not carry out subsection (f) of section 3679 of title 38,
United States Code, until August 1, 2022, except that,
beginning on June 15, 2022, an educational institution may
submit an application for a waiver under paragraph (5) of such
subsection.
(3) Conforming amendments.--Subsection (c) of section 3696
of such title is amended--
(A) by inserting ``(1)'' before ``An educational'';
(B) by inserting ``, except for the recruitment of
foreign students residing in foreign countries who are
not eligible to receive Federal student assistance''
after ``assistance''; and
(C) by adding at the end the following new
paragraph:
``(2) In determining whether a violation of paragraph (1) has
occurred, the Under Secretary for Benefits shall construe the
requirements of this paragraph in accordance with the regulations and
guidance prescribed by the Secretary of Education under section
487(a)(20) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(20)).''.
(c) Exemption of Foreign Schools From Certain Requirements.--
(1) Information relating to tests.--Section 3689(c) of
title 38, United States Code, is amended by adding at the end
the following new paragraph:
``(3) Subparagraph (G) of paragraph (1) shall not apply with
respect to an educational institution located in a foreign country.''.
(2) Examination of records.--Section 3690(c) of title 38,
United States Code, is amended--
(A) by striking ``Notwithstanding'' and inserting
``(1) Except as provided in paragraph (2),
notwithstanding''; and
(B) by adding at the end the following new
paragraph:
``(2) Paragraph (1) does not apply to the records and accounts--
``(A) of an educational institution located in a foreign
country; and
``(B) that pertain to an individual who is not receiving
educational assistance under this chapter.''.
SEC. 4. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE
``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3680(a) of title 38, United States Code,
is amended--
(1) in paragraph (1), in the matter before subparagraph
(A), by striking ``in paragraph (2)'' and inserting ``in
paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1), in the case of an
eligible veteran or eligible person who is pursuing a program
of education on less than a half-time basis during a period
that is the last semester, term, or academic period the veteran
or person will be enrolled in the program of education because
the veteran or person will complete the program of education at
the end of that semester, term, or academic period, the
Secretary may, pursuant to such regulations as the Secretary
shall prescribe, provide to the veteran or person educational
assistance under chapter 30, 31, 32, 33, 34, or 35 of this
title or under chapter 1606 of title 10, including a monthly
housing stipend described in section 3313(c) of this title, on
the basis of the total number of credits or courses in which
the veteran or person is enrolled, if--
``(A) the number of credits the veteran or person
needs to complete the program of education is less than
the number of credits that would constitute enrollment
on a more than half-time basis for that last semester,
term, or academic period; and
``(B) the veteran or person--
``(i) is enrolled in, or has completed,
every course offered by the program of
education during the last semester, term, or
academic period in which the veteran or person
is enrolled in the program of education; and
``(ii) enrolls in an additional course that
is not required for the completion of such
program of education and the enrollment in the
non-required course in addition to the required
course or courses in which the veteran or
person is enrolled constitutes enrollment on
more than a half-time basis.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2022, and apply with respect to any semester,
term, or academic period that begins on or after that date.
SEC. 5. EXTENSION OF RELIEF RELATING TO VETERANS EDUCATIONAL
ASSISTANCE.
(a) Extension of Modification of Time Limitations on Use of
Entitlement to Montgomery GI Bill and Vocational Rehabilitation and
Training.--Section 1105 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 by striking ``December 21, 2021'' each place it
appears and inserting ``June 1, 2022''.
(b) Extension of Continuation of Department of Veterans Affairs
Educational Assistance Benefits During COVID-19 Emergency.--Section
1102(e) of such Act is amended by striking ``December 21, 2021'' and
inserting ``June 1, 2022''.
(c) Extension of Provisions Relating to Effects of Closure of
Educational Institution and Modification of Courses by Reason of COVID-
19 Emergency.--Section 1103(h) of such Act is amended by striking
``December 21, 2021'' and inserting ``June 1, 2022''.
(d) Extension of Provision Relating to Payment of Educational
Assistance in Cases of Withdrawal.--Section 1104(a) of such Act is
amended by striking ``December 21, 2021'' and inserting ``June 1,
2022''.
(e) Extension of Provision Relating to Apprenticeship or On-Job
Training Requirements.--Section 1106(b) of such Act is amended by
striking ``December 21, 2021'' and inserting ``June 1, 2022''.
(f) Extension of Payment of Work-Study Allowances During Emergency
Situation.--Section 3 of the Student Veteran Coronavirus Response Act
of 2020 (Public Law 116-140; 38 U.S.C. 3485 note) is amended by
striking ``During the covered period'' and inserting ``During the
period beginning on March 1, 2020, and ending on June 1, 2022''.
SEC. 6. ADJUSTMENTS OF CERTAIN LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``October 1, 2030'' each place it appears
and inserting ``January 14, 2031''.
SEC. 7. ELIMINATION OF CAP ON FULL-TIME EMPLOYEES OF THE DEPARTMENT OF
VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY
COUNSELING.
(a) In General.--Section 516 of title 38, United States Code, is
amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report regarding the effect of the amendment under
subsection (a).
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 Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives December 8, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.