116 HR 5545 IH: Responsible Education Mitigating Options and Technical Extensions Act
U.S. House of Representatives
2021-10-08
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I
117th CONGRESS
1st Session
H. R. 5545
IN THE HOUSE OF REPRESENTATIVES
October 8, 2021
Mr. Trone (for himself, Mr. Takano, and Mr. Levin of California) introduced the following bill; which was referred to the Committee on Veterans' Affairs, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To extend certain expiring provisions of law relating to benefits provided under Department of Veterans Affairs educational assistance programs during COVID–19 pandemic.
1.

Short title
This Act may be cited as the “Responsible Education Mitigating Options and Technical Extensions Act” or the “REMOTE Act”.
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”.
3.

Modification of certain requirements of educational institutions relating to enrollment verification and foreign students and institutions
(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 rate tuition and fee structure that would make the submission 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)
When determining whether an educational institution has complied with subparagraph (B), 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 pursuant to 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 located in a foreign country or that substantially complies with this subsection by providing to a covered individual the information described in this subsection on a form or template developed by the Secretary of Education.”.
(2)

Application date
Beginning on June 15, 2022, an educational institution may submit an application for a waiver, under subsection (f)(5) of section 3679 of title 38, United States Code.
(3)

Conforming amendment
Section 3696 of such title is amended—
(A)
in subsection (c)—
(i)
by inserting “(1)” before “An educational institution”;
(ii)
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
(iii)
by adding at the end the following new paragraph:
“(2)
When determining whether an educational institution has complied with paragraph (1), the Under Secretary for Benefits shall construe the requirements of such paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education pursuant to section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).”.
4.

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.