Restoring Education Access for Student Veterans Act
This bill authorizes the Department of Veterans Affairs to provide certain educational assistance benefits, including housing stipends and allowances, to individuals who are negatively affected by the COVID-19 emergency.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8415 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8415
To provide for the continuation of certain educational assistance
benefits during the COVID-19 emergency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2020
Mr. Cisneros (for himself and Mr. Bergman) introduced the following
bill; which was referred to the Committee on Veterans' Affairs, and in
addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the continuation of certain educational assistance
benefits during the COVID-19 emergency, and for other purposes.
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 ``Restoring Education Access for
Student Veterans Act''.
SEC. 2. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL
ASSISTANCE BENEFITS DURING COVID-19 EMERGENCY.
(a) Authority.--If the Secretary of Veterans Affairs determines
under subsection (c) that an individual is negatively affected by the
COVID-19 emergency, the Secretary may provide educational assistance to
that individual under the laws administered by the Secretary as if such
negative effects did not occur. The authority under this section is in
addition to the authority provided under section 1 of Public Law 116-
128 (38 U.S.C. 3001 note prec.), but in no case may the Secretary
provide more than a total of four weeks of additional educational
assistance by reason of section 4 of the Student Veteran Coronavirus
Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3680 note) and this
section.
(b) Housing and Allowances.--In providing educational assistance to
an individual pursuant to subsection (a), the Secretary may--
(1) continue to pay a monthly housing stipend under chapter
33 of title 38, United States Code, during a month the
individual would have been enrolled in a program of education
or training but for the COVID-19 emergency at the same rate
such stipend would have been payable if the individual had not
been negatively affected by the COVID-19 emergency, except that
the total number of weeks for which stipends may continue to be
so payable may not exceed four weeks; and
(2) continue to pay payments or subsistence allowances
under chapters 30, 31, 32, 33, and 35 of such title and chapter
1606 of title 10, United States Code, during a month for a
period of time that the individual would have been enrolled in
a program of education or training but for the COVID-19
emergency, except that the total number of weeks for which
payments or allowances may continue to be so payable may not
exceed four weeks.
(c) Determination of Negative Effects.--The Secretary shall
determine that an individual was negatively affected by the COVID-19
emergency if--
(1) the individual is enrolled in a covered program of
education of an educational institution or enrolled in training
at a training establishment and is pursuing such program or
training using educational assistance under the laws
administered by the Secretary;
(2) the educational institution or training establishment
certifies to the Secretary that such program or training is
truncated, delayed, relocated, canceled, partially canceled,
converted from being on-site to being offered by distance
learning, or otherwise modified or made unavailable by reason
of the COVID-19 emergency; and
(3) the Secretary determines that the modification to such
program or training specified under paragraph (2) would reduce
the amount of educational assistance (including with respect to
monthly housing stipends, payments, or subsistence allowances)
that would be payable to the individual but for the COVID-19
emergency.
(d) Effect on Entitlement Period.--If the Secretary determines that
an individual who received assistance under this section did not make
progress toward the completion of the program of education in which the
individual is enrolled during the period for which the individual
received such assistance, any assistance provided pursuant to this
section shall not be counted for purposes of determining the total
amount of an individual's entitlement to educational assistance,
housing stipends, or payments or subsistence allowances under chapters
30, 31, 32, and 35 of such title and chapter 1606 of title 10, United
States Code.
(e) Applicability Period.--This section shall apply during the
period beginning on March 1, 2020, and ending on December 21, 2021.
SEC. 3. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND MODIFICATION
OF COURSES BY REASON OF COVID-19 EMERGENCY.
(a) Closure or Disapproval.--Any payment of educational assistance
described in subsection (b) shall not--
(1) be charged against any entitlement to educational
assistance of the individual concerned; or
(2) be counted against the aggregate period for which
section 3695 of title 38, United States Code, limits the
receipt of educational assistance by such individual.
(b) Educational Assistance Described.--Subject to subsection (d),
the payment of educational assistance described in this subsection is
the payment of such assistance to an individual for pursuit of a course
or program of education at an educational institution under chapter 30,
31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of
title 10, United States Code, if the Secretary determines that the
individual--
(1) was unable to complete such course or program as a
result of--
(A) the closure of the educational institution, or
the full or partial cancellation of a course or program
of education, by reason of the COVID-19 emergency; or
(B) the disapproval of the course or a course that
is a necessary part of that program under chapter 36 of
title 38, United States Code, because the course was
modified by reason of such emergency; and
(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
(c) Housing Assistance.--In this section, educational assistance
includes, as applicable--
(1) monthly housing stipends payable under chapter 33 of
title 38, United States Code, for any month the individual
would have been enrolled in a course or program of education;
and
(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of such title and chapter 1606 of title 10,
United States Code, during a month the individual would have
been enrolled in a course or program of education.
(d) Period Not Charged.--The period for which, by reason of this
subsection, educational assistance is not charged against entitlement
or counted toward the applicable aggregate period under section 3695 of
title 38, United States Code, shall not exceed the aggregate of--
(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2); and
(2) the period by which a monthly stipend is extended under
section 3680(a)(2)(B) of title 38, United States Code.
(e) Continuing Pursuit of Disapproved Courses.--
(1) In general.--The Secretary may treat a course of
education that is disapproved under chapter 36 of title 38,
United States Code, as being approved under such chapter with
respect to an individual described in paragraph (2) if the
Secretary determines, on a programmatic basis, that--
(A) such disapproval is the result of an action
described in subsection (b)(1)(B); and
(B) continuing pursuing such course is in the best
interest of the individual.
(2) Individual described.--An individual described in this
paragraph is an individual who is pursuing a course of
education at an educational institution under chapter 30, 31,
32, 33, or 35 of title 38, United States Code, or chapter 1606
of title 10, United States Code, as of the date on which the
course is disapproved as described in subsection (b)(1)(B).
(f) Status as Full-Time Student for Purposes of Housing Stipend
Calculation.--In the case of an individual who, as of the first day of
the COVID-19 emergency was enrolled on a full-time basis in a program
of education and was receiving educational assistance under chapter 33
of title 38, United States Code, or subsistence allowance under chapter
31 of such title, and for whom the Secretary makes a determination
under subsection (b), the individual shall be treated as an individual
enrolled in a program of education on a full-time basis for the purpose
of calculating monthly housing stipends payable under chapter 33 of
title 38, United States Code, or subsistence allowance payable under
chapter 31 of such title, for any month the individual is enrolled in
the program of education on a part-time basis to complete any course of
education that was partially or fully canceled by reason of the COVID-
19 emergency.
(g) Notice of Closures.--Not later than 5 business days after the
date on which the Secretary receives notice that an educational
institution will close or is closed by reason of the COVID-19
emergency, the Secretary shall provide to each individual who is
enrolled in a course or program of education at such educational
institution using entitlement to educational assistance under chapter
30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606
of title 10, United States Code, notice of--
(1) such closure and the date of such closure; and
(2) the effect of such closure on the individual's
entitlement to educational assistance pursuant to this section.
(h) Applicability.--This section shall apply with respect to the
closure of an educational institution, or the cancellation or
modification of a course or program of education, that occurs during
the period beginning on March 1, 2020, and ending on December 21, 2021.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``covered program of education'' means a
program of education (as defined in section 3002 of title 38,
United States Code) approved by a State approving agency, or
the Secretary of Veterans Affairs when acting in the role of a
State approving agency.
(2) The term ``COVID-19 emergency'' means the public health
emergency declared pursuant to section 319 of the Public Health
Service Act on January 31, 2020, entitled ``Determination that
a Public Health Emergency Exists Nationwide as the Result of
the 2019 Novel Coronavirus''.
(3) The term ``educational institution'' has the meaning
given that term in section 3452(c) of title 38, United States
Code, and includes an institution of higher learning (as
defined in such section).
(4) The term ``State approving agency'' has the meaning
given that term in section 3671 of title 38, United States
Code.
(5) The term ``training establishment'' has the meaning
given that term in section 3452(e) of title 38, United States
Code.
(6) The term ``training'' includes on-job training and
apprenticeship programs and vocational rehabilitation programs.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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