Pandemic Assistance for Student Veterans Act of 2020
This bill addresses the administration of educational assistance programs of the Department of Veterans Affairs (VA) in relation to the COVID-19 emergency,
Specifically, the VA must provide educational assistance, including housing stipends and allowances, to individuals who are negatively affected by the COVID-19 emergency.
The bill ensures that entitlement to educational assistance will not be charged or counted against the aggregate period in situations where an individual was unable to complete a course or program due to the COVID-19 emergency.
The VA must treat an individual's withdrawal from a program of education due to COVID-19 between March 1, 2020, and December 21, 2021, as a mitigating circumstance and not charge the individual's educational assistance entitlement.
The bill modifies the time limitation for use of Montgomery Bill benefits or vocational rehabilitation benefits during the pandemic so the window of eligibility does not expire during the COVID-19 emergency.
Additionally, the bill adjusts the administration of certain benefits for veterans participating in an apprenticeship or other on-job training during the period between March 1, 2020, and December 21, 2021, including by proportionately reducing the 120-hour monthly training requirement to reflect an individual's period of unemployment without a reduction in training assistance.
The bill expands educational assistance to include programs or courses of education at training establishments (e.g., establishment providing apprentice or other on-job training) during the COVID-19 emergency.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8483 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8483
To amend title 38, United States Code, to make certain modifications to
the educational assistance programs of the Department of Veterans
Affairs in light of the COVID-19 emergency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 1, 2020
Mr. Cunningham (for himself, Mr. Bilirakis, Mr. Takano, Mr. Levin of
California, Mr. Pappas, Mr. Rose of New York, and Ms. Brownley of
California) introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committees on
Armed Services, and the Budget, 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 amend title 38, United States Code, to make certain modifications to
the educational assistance programs of the Department of Veterans
Affairs in light of 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 ``Pandemic Assistance for Student
Veterans Act of 2020''.
SEC. 2. 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.
SEC. 3. 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. 4. 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. 5. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF WITHDRAWAL.
(a) In General.--In the case of any individual who withdraws from a
program of education or training, other than a program by
correspondence, in an educational institution under chapter 31, 34, or
35 of title 38, United States Code, for a covered reason during the
period beginning on March 1, 2020, and ending on December 21, 2021, the
Secretary of Veterans Affairs shall find mitigating circumstances for
purposes of section 3680(a)(1)(C)(ii) of title 38, United States Code.
(b) Covered Reason.--In this section, the term ``covered reason''
means any reason related to the COVID-19 emergency, including--
(1) illness, quarantine, or social distancing requirements;
(2) issues associated with COVID-19 testing accessibility;
(3) access or availability of childcare;
(4) providing care for a family member or cohabitants;
(5) change of location or residence due to COVID-19 or
associated school closures;
(6) employment changes or financial hardship; and
(7) issues associated with changes in format or medium of
instruction.
SEC. 6. MODIFICATION OF TIME LIMITATIONS ON USE OF ENTITLEMENT.
(a) Montgomery GI Bill.--The subsection (i) temporarily added to
section 3031 of title 38, United States Code, by subsection (a) of
section 6 of the Student Veteran Coronavirus Response Act of 2020
(Public Law 116-140) is amended--
(1) in paragraph (1), by striking ``the period the
individual is so prevented from pursuing such program'' and
inserting ``the period beginning on March 1, 2020, and ending
on December 21, 2021''; and
(2) in paragraph (2), by striking ``the first day after the
individual is able to resume pursuit of a program of education
with educational assistance under this chapter'' and inserting
``December 22, 2021''.
(b) Vocational Rehabilitation and Training.--The subsection (g)
temporarily added to section 3103 of title 38, United States Code, by
subsection (c) of such section 6 is amended--
(1) in paragraph (1), by striking ``the period the
individual is so prevented from participating such program''
and inserting ``the period beginning on March 1, 2020, and
ending on December 21, 2021''; and
(2) in paragraph (2), by striking ``the first day after the
individual is able to resume participation in such program''
and inserting ``December 22, 2021''.
SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.
(a) In General.--During the period described in subsection (b),
subsection (e) of section 3687 of title 38, United States Code, shall
be applied by substituting the following for paragraph (2):
``(2)(A) Subject to subparagraphs (B) and (C), for any
month in which an individual fails to complete 120 hours of
training, the entitlement otherwise chargeable under paragraph
(1) shall be reduced in the same proportion as the monthly
training assistance allowance payable is reduced under
subsection (b)(3).
``(B) In the case of an individual who is unemployed during
any month, the 120-hour requirement under subparagraph (A) for
that month shall be reduced proportionately to reflect the
individual's period of unemployment, except that the amount of
monthly training assistance otherwise payable to the individual
under subsection (b)(3) shall not be reduced.
``(C) Any period during which an individual is unemployed
shall not--
``(i) be charged against any entitlement to
educational assistance of the individual; or
``(ii) be counted against the aggregate period for
which section 3695 of this title limits the receipt of
educational assistance by such individual.
``(D) Any amount by which the entitlement of an individual
is reduced under subparagraph (A) shall not--
``(i) be charged against any entitlement to
educational assistance of the individual; or
``(ii) be counted against the aggregate period for
which section 3695 of this title limits the receipt of
educational assistance by such individual.
``(E) In the case of an individual who fails to complete
120 hours of training during a month, but who completed more
than 120 hours of training during the preceding month, the
individual may apply the number of hours in excess of 120 that
the individual completed for that month to the month for which
the individual failed to complete 120 hours. If the addition of
such excess hours results in a total of 120 hours or more, the
individual shall be treated as an individual who has completed
120 hours of training for that month. Any excess hours applied
to a different month under this subparagraph may only be
applied to one such month.
``(F) This paragraph applies to amounts described in
section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this title
and section 16131(d)(2) of title 10.
``(G) In this paragraph:
``(i) The term `unemployed' includes being
furloughed or being scheduled to work zero hours.
``(ii) The term `fails to complete 120 hours of
training' means, with respect to an individual, that
during any month, the individual completes at least one
hour, but fewer than 120 hours, of training, including
in a case in which the individual is unemployed for
part of, but not the whole, month.''.
(b) Applicability Period.--The period described in this section is
the period beginning on March 1, 2020, and ending on December 21, 2021.
SEC. 8. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN PROVISIONS
RELATED TO COVID-19 EMERGENCY.
(a) Continuation of Benefits.--Section 1 of Public Law 116-128 is
amended--
(1) in subsection (a), by inserting ``or a training
establishment'' after ``an educational institution''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Training establishment.--The term `training
establishment' has the meaning given such term in section
3452(e) of title 38, United States Code.''.
(b) Payment of Allowances.--Section 4(a)(1) of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3680
note) is amended by inserting ``or a training establishment'' after
``educational institution''.
(c) Prohibition of Charge to Entitlement.--The subparagraph (C)
temporarily added to section 3699(b)(1) of title 38, United States
Code, by section 5 of the Student Veteran Coronavirus Response Act of
2020 (Public Law 116-140; 38 U.S.C. 3699 note) is amended by inserting
``or training establishment'' after ``educational institution''.
(d) Extension of Time Limitations.--
(1) MGIB.--The subsection (i) temporarily added to section
3031 of title 38, United States Code, by subsection (a) of
section 6 of the Student Veteran Coronavirus Response Act of
2020 (Public Law 116-140), as amended by section 6 of this Act,
is further amended by inserting ``or training establishment''
after ``educational institution''.
(2) Transfer period.--The subparagraph (C) temporarily
added to section 3319(h)(5) of such title by section 6 of the
Student Veteran Coronavirus Response Act of 2020 (Public Law
116-140) is amended by inserting ``or training establishment''
after ``educational institution''.
SEC. 9. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STUDENT VETERAN
CORONAVIRUS RESPONSE ACT.
Section 4 of the Student Veteran Coronavirus Response Act of 2020
(Public Law 116-140) is amended--
(1) in subsection (b)--
(A) by striking ``may not exceed four weeks.'' and
inserting ``may not exceed the shorter of the
following:''; and
(B) by adding at the end the following new
paragraphs:
``(1) The period of time that the eligible veteran or
eligible person would have been enrolled in a program of
education or training but for the emergency situation.
``(2) Four weeks.''; and
(2) by adding at the end the following new subsection:
``(e) Entitlement Not Charged.--Any payment of allowances under
this section shall not--
``(1) be charged against any entitlement to educational
assistance of the eligible veteran or eligible person
concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title 38, United States Code, limits the
receipt of educational assistance by such eligible veteran or
eligible person.''.
SEC. 10. EMERGENCY DESIGNATIONS.
(a) In General.--This Act is 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, this Act is 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Armed Services, and the Budget, 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 Committees on Armed Services, and the Budget, 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 Committees on Armed Services, and the Budget, 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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