[Congressional Record Volume 167, Number 212 (Wednesday, December 8, 2021)]
[House]
[Pages H7468-H7470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 RESPONSIBLE EDUCATION MITIGATING OPTIONS AND TECHNICAL EXTENSIONS ACT

  Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5545) to extend certain expiring provisions of law relating 
to benefits provided under Department of Veterans Affairs educational 
assistance programs during COVID-19 pandemic, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5545

       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.

[[Page H7469]]

  


     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous material on H.R. 5545, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5545, as amended, the 
Responsible Education Mitigating Options and Technical Extensions Act, 
or the REMOTE Act. This bill is an urgent extension of flexibilities 
for student veterans using their educational assistance benefits as the 
COVID-19 pandemic wears on.
  H.R. 5545, as amended, extends the Student Veteran Coronavirus 
Response Act of 2020 through the spring 2022 term.
  When my Student Veteran Coronavirus Response Act was signed into law 
in April 2020, I am not sure many of us would have foreseen that 19 
months later the COVID-19 pandemic would still affect everyday life for 
veterans and their families across the country.
  And since then, we have extended these flexibilities for student 
veterans three times as the pandemic remains a public health emergency 
throughout the country and the world. Still, many college students 
remain unable to return to campus.
  H.R. 5545, as amended, would extend remote learning waivers for 
student veterans through the spring 2022 term and ensure they will 
continue receiving full housing benefits despite not taking on-campus 
courses.
  We have been negotiating this bill with the minority for months and, 
while this bill is not the exact version that I would prefer, student 
veterans are simply too important to let these benefits lapse.
  A majority of students have already enrolled in their spring classes, 
having signed up as early as this past October or November. They 
selected their classes with the hope that we, in Congress, would act to 
extend these flexibilities through the spring term. We cannot wait any 
longer to pass this critical piece of legislation for our student 
veterans.
  New cases of the virus are up. There is a new variant, leading some 
States to declare a new state of emergency, and it is clear, COVID-19 
is not behind us. The emergency persists, and we cannot walk away from 
our duty to assist student veterans now.
  Without this legislation, student veterans who planned and started 
out the school year remotely--reasonably thinking they would be able to 
stay in status for the entire school year--will have to figure out a 
plan to get back to taking on-campus classes in order to receive their 
monthly allowance for housing.
  This legislation is to address this specific emergency now. This is 
not setting precedent for any future emergencies, nor is it setting a 
standard for treating future education terms impacted by COVID-19.
  Should we have to extend these provisions again next year, we should 
use the same emergency designations we have used three times in the 
past. We know these provisions are not for new benefits. They are to 
maintain existing benefits and existing spending.
  Additionally, this bill ensures student bodies at U.S. universities 
remain diverse and allows for the continued recruitment of foreign 
students. It also simplifies the verification process for tuition 
reimbursement for certain educational institutions to minimize unneeded 
paperwork for student veterans.
  Student veterans should be able to focus on their studies, not on 
whether they are going to receive their earned VA benefits. And that is 
why I introduced this bill, with my House Veterans' Affairs Committee 
colleagues, Representative Trone and Representative   Mike Levin, to 
ease the burden on student veterans during these persistently uncertain 
times.
  Now, this legislation is endorsed by numerous VSOs, such as the 
Student Veterans of America, the American Legion, the VFW, American 
Council on Education, Tragedy Assistance for Survivors, Association of 
Public and Land-grant Universities, and the National Association of 
Veterans' Program Administrators, and countless others.
  Finally, the legislation includes an additional provision from 
Representatives Lamb and Mann. The text of this section of the bill 
would help the Department address diversity and equity within the 
workforce. It removes a 1997 law that limits the number of VA 
counselors who can advise employees on equal employment opportunity 
issues.
  VA has roughly doubled in size since 1997, and VA requested for this 
limit to be removed to allow the Department to hire additional 
counselors to support the needs of a growing workforce and help ensure 
that VA is a welcoming place for all employees.
  I wish to thank Speaker Pelosi and Majority Leader Hoyer for bringing 
this legislation to the floor; and I urge the rest of my colleagues to 
support this legislation to ensure student veterans are able to access 
the benefits they have earned and continue their studies during the 
spring semester.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5545, as amended, the REMOTE 
Act. I am pleased to support this bill, which is very similar to my 
bill, H.R. 5509, the Student Veteran COVID-19 Protection Act of 2021. 
This bill will help address urgent needs of student veterans who are 
impacted by COVID-19.
  At the beginning of the pandemic, Congress worked to ensure that 
student veterans' GI bill housing allowance payments were not cut when 
in-person classes were moved online.

[[Page H7470]]

  The current authorization for this protection expires on December 21, 
2021. H.R. 5545, as amended, would extend it through June 1 of 2021. 
This would provide veterans and schools with the certainty that 
students will not see a reduction in their monthly housing checks this 
school year.

  The bill also includes changes to ensure that GI bill students can 
attend foreign schools and give American schools time to comply with 
new consumer protection rules.
  It includes a change to the VA's rounding-out policy to allow 
students to retain their full monthly housing allowance, even if they 
finish their program-required coursework early.
  Finally, it also includes language sponsored by Congressman Lamb and 
Congressman Mann to remove the cap on the equal employment opportunity 
counselors at the VA. There is no place for discrimination at the VA. I 
am pleased that we can, once again, pass this important provision to 
help employees avail themselves of their right for a safe workplace.
  The costs of this bill are fully paid for by extending current VA 
home loan funding fees for a few months into 2030. This is a bipartisan 
offset that has been used multiple times in previous Congresses.
  This issue of whether to offset the estimated $220 million mandatory 
costs associated with this bill has been an issue of disagreement for 
many weeks, and I want to thank Chairman Takano for working with me and 
finding a mutually beneficial solution that is paid for and can quickly 
pass the Senate. This is win for the veterans, schools, and taxpayers 
alike.

                              {time}  1030

  In the vast majority of circumstances, I strongly believe that 
Congress should do our job and pay for this new spending. We have a 
responsibility to pay for our bills, just like every American does. 
However, that does not mean that I will not consider the use of 
emergency spending when it is appropriate and necessary in the future 
as new emergencies may arise.
  Before I close, I would like to thank the dozens of higher education 
groups and veterans service organizations that have advocated for the 
passage of this needed extension and reform.
  I want to especially thank the American Council on Education and the 
Student Veterans of America for their continued support for this fully 
paid for legislation. They understand that if these changes are not 
made soon, many schools will be forced to stop accepting students who 
are using the GI Bill. I agree with them that such an outcome is simply 
unacceptable.
  While I wish we could have enacted these protections weeks ago, I am 
glad we are taking care of them today on a bipartisan basis that 
protects veterans and taxpayers alike.
  I, again, want to thank Chairman Takano for working with me and 
others on this issue, as well as our colleagues, Senators Tester and 
Moran, for their support.
  I urge all of my colleagues to support this bill, and I reserve the 
balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland (Mr. Trone), my good friend and the author of H.R. 5545, as 
amended. He is a member of the House Veterans' Affairs Committee and an 
active member on the Subcommittee on Economic Opportunity and the 
Subcommittee on Oversight and Investigations.
  Mr. TRONE. Mr. Speaker, I rise today in support of our bill, the 
REMOTE Learning Act, to protect veterans' education benefits.
  Last year, Congress prevented cuts to veterans' tuition payments as 
students transitioned to online learning. This helped folks stay in 
school during the pandemic, which remains one of the most challenging 
times to pursue higher education.
  Unfortunately, these benefits are at risk once again. By law, the 
Department of Veterans Affairs is required to cut housing benefits for 
student veterans who are taking classes remotely. This doesn't make 
sense during a global pandemic.
  While some colleges and professors have chosen to keep classes 
remote, many student veterans have opted to live on campus. We need to 
act now to ensure our veterans receive the necessary flexibility to 
achieve academic success.
  The REMOTE Learning Act will extend remote learning waivers, ensure 
veterans receive full housing benefits, allow universities to continue 
recruiting foreign students so that student bodies can remain diverse, 
and minimize paperwork for tuition reimbursement.
  Our veterans deserve a world-class education. They deserve to earn 
their degrees on time. Some of these brave servicemembers have waited 
their whole lives to get their degrees. The negative effects of the 
pandemic shouldn't hinder them from doing that. We have a 
responsibility to help.
  I want to thank Chairman Takano and Chairman Levin for their 
leadership on this bill and for all the hard work they have done to 
protect our veterans. It is time to pass this bill and give the 
veterans the benefits they have earned.
  Mr. BOST. Mr. Speaker, in closing, I just want to let everyone know 
that I am very much in support of this legislation. I encourage my 
colleagues to support it as well, and I yield back the balance of my 
time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume 
for the purpose of closing.
  Mr. Speaker, I appreciate the work and cooperation of the ranking 
member, and I appreciate that he stands squarely behind this 
legislation.
  What is at stake at the very end of this year is the housing of our 
Nation's student veterans, numbering in the tens of thousands. We need 
swift passage of this bill and the companion bill in the Senate.
  I urge all Members of the House to support this bill, and I urge our 
Senate colleagues to act on this expeditiously.
  Mr. Speaker, I ask all of my colleagues to join me in passing H.R. 
5545, as amended, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 5545, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``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, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________