[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Pages S8493-S8494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4805. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year

[[Page S8494]]

2022 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

                     Subtitle __--Veterans Matters

     SEC. ___. 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. ___. 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. ___. 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. ___. BUDGETARY EFFECTS.

       (a) In General.--Amounts provided to carry out the 
     amendments made by this subtitle 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 subtitle 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.
                                 ______