[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5509 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5509

To amend title 38, United States Code, the Johnny Isakson and David P. 
 Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, 
   and the Student Veteran Coronavirus Response Act of 2020 to make 
  certain improvements to the educational assistance programs of the 
        Department of Veterans Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2021

   Mr. Bost introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, the Johnny Isakson and David P. 
 Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, 
   and the Student Veteran Coronavirus Response Act of 2020 to make 
  certain improvements to the educational assistance programs of the 
        Department of Veterans Affairs, 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 ``Student Veteran COVID-19 Protection 
Act of 2021''.

SEC. 2. 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. 3. 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, 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. 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) 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) The term ``program of education'' has the meaning given 
        that term in section 3002 of title 38, United States Code.
            (3) The term ``State approving agency'' has the meaning 
        given that term in section 3671 of title 38, United States 
        Code.

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''.
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