Responsible Education Mitigating Options and Technical Extensions Act
Floor Speech
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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. 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.
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Mr. TAKANO. 5545, as amended.
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.
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Mr. TAKANO. 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. 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.
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