[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3247 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3247
To extend certain expiring provisions of law relating to benefits
provided under Department of Veterans Affairs educational assistance
programs during the COVID-19 pandemic, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2021
Ms. Cortez Masto (for herself, Mr. Tester, Mr. Blumenthal, Ms. Rosen,
Ms. Hirono, Mr. Brown, and Mr. Kelly) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To extend certain expiring provisions of law relating to benefits
provided under Department of Veterans Affairs educational assistance
programs during the 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 of 2021'' or the ``REMOTE Act of
2021''.
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 Payment of Work-Study Allowances During Emergency
Situation.--Section 3 of the Student Veteran Coronavirus Response Act
of 2020 (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''.
(c) 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''.
(d) 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''.
(e) Extension of Continuation of Department of Veterans Affairs
Educational Assistance Benefits During COVID-19 Emergency.--Section
1102(e) 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'' and inserting ``June 1,
2022''.
(f) 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''.
(g) 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''.
(h) 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''.
SEC. 3. MODIFICATIONS 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. 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.
(a) In General.--In the case of a program of education approved by
a State approving agency, or the Secretary of Veterans Affairs when
acting in the role of a State approving agency, that is converted from
being offered on-site at an educational institution to being offered by
distance learning by reason of an emergency or health-related
situation, as determined by the Secretary, the Secretary may continue
to provide educational assistance under the laws administered by the
Secretary without regard to such conversion, including with respect to
paying any--
(1) monthly housing stipends under chapter 33 of title 38,
United States Code; or
(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of such title and chapters 1606 and 1607 of
title 10, United States Code.
(b) Applicability Period.--Subsection (a) shall apply during the
period beginning on December 21, 2021, and ending on June 1, 2022.
(c) Definitions.--In this section:
(1) Educational institution.--The term ``educational
institution'' has the meaning given that term in section 3452
of title 38, United States Code, and includes an institution of
higher learning (as defined in such section).
(2) Program of education.--The term ``program of
education'' has the meaning given that term in section 3002 of
title 38, United States Code.
(3) State approving agency.--The term ``State approving
agency'' has the meaning given that term in section 3671 of
title 38, United States Code.
SEC. 5. BUDGETARY EFFECTS.
(a) In General.--Amounts provided to carry out the amendments made
by this Act are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
(b) Designation in Senate.--In the Senate, amounts provided to
carry out the amendments made by this Act are designated as an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018.
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