[117th Congress Public Law 76]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 1517]]
Public Law 117-76
117th Congress
An Act
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. <<NOTE: Dec.
21, 2021 - [H.R. 5545]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Responsible
Education Mitigating Options and Technical Extensions Act.>>
SECTION 1. <<NOTE: 38 USC 101 note.>> 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.''.
[[Page 135 STAT. 1518]]
(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) <<NOTE: Determination.>> 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) <<NOTE: 38 USC 3679 note.>> 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) <<NOTE: Determination.>> 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.''.
[[Page 135 STAT. 1519]]
(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) <<NOTE: Regulations.>> 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) <<NOTE: 38 USC 3680 note.>> 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 135 STAT. 1520]]
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) <<NOTE: 38 USC 3031 note, 3103 note.>> 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 <<NOTE: 38 USC 3001 note prec.>> 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 <<NOTE: 134 Stat. 4964.>> 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 <<NOTE: 134 Stat. 4964.>> 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 <<NOTE: 38 USC 3687
note.>> 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
[[Page 135 STAT. 1521]]
Congressional Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved December 21, 2021.
LEGISLATIVE HISTORY--H.R. 5545:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Dec. 8, considered and passed House.
Dec. 15, considered and passed Senate.
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