REMOTE Act
Bill: H.R.5545 | Sponsor: Rep. Trone, David J. (D-MD)
Policy area: Armed Forces and National Security

Summary:
Responsible Education Mitigating Options and Technical Extensions Act or the REMOTE Act
This act addresses the administration of certain Department of Veterans Affairs (VA) educational assistance benefits.
First, the act extends through June 1, 2022, certain adjustments for veterans' education benefits that were put in place due to COVID-19.
The act provides an exception from the imposition of specified disciplinary actions (e.g., suspending course and program approval) in situations where an educational institution provides a commission, bonus, or other incentive payment to entities engaged in student recruiting or admission activities related to recruiting foreign students who reside in foreign countries and are ineligible for federal student assistance.
Additionally, the act generally exempts from certain requirements and restrictions imposed by the VA or a state approving agency educational institutions (1) located in foreign countries, or (2) that provide information regarding the costs of a program of education using a form or template developed by the Department of Education.
The act also exempts educational institutions located in foreign countries from (1) having records and accounts that pertain to an individual who is not receiving VA educational assistance examined by government representatives, and (2) furnishing certain information related to tests that require payment.
The act authorizes the VA, in certain circumstances, to provide educational assistance (including a housing stipend) to veterans or eligible persons who are in their last academic period (e.g., semester) of a program of education and are pursuing the program on less than a half-time basis. Specifically, such assistance may be provided if the number of credits the person needs to complete the program of education is less than the number of credits that would constitute enrollment on more than a half-time basis for that last academic period and the person (1) is enrolled in or has completed every course offered by the program of education during that academic period, and (2) enrolls in an additional course that is not required for the program of education to reach enrollment on a more than a half-time basis.
The act extends certain loan fee rates through January 14, 2031, under the VA's home loan program.
Finally, the act removes the cap on the number of full-time VA employees who provide equal employment opportunity counseling.

[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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