S.Amdt. 4805Senate117th Congress (2021-2023)2nd degree

S.Amdt. 4805

Submitted November 18, 2021

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Senate amendment submitted

November 18, 2021

Text

Submitted

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.
______