November 6, 2020
Special Authorities for Veterans’ Educational Assistance
Programs During the COVID-19 Emergency
On March 13, 2020, President Donald Trump declared the
see CRS Report RL34627, Veterans’ Benefits: The
Coronavirus Disease 2019 (COVID-19) outbreak a national
Vocational Rehabilitation and Employment Program.
emergency, beginning March 1, 2020. The Department of
Veterans Affairs (VA) and veterans’ educational assistance
Continued GI Bill Payments for Distance
beneficiaries raised concerns that abrupt disruptions to
Learning
programs of education, educational institutions, and
Programs of education offered in part or exclusively
employment could negatively impact the short-term
through distance learning may be approved for GI Bill
finances of beneficiaries and their continued pursuit of
purposes if they meet the requirements in 38 U.S.C. Section
educational programs. In response, special authorities were
3680A(a)(4) and, as applicable, 38 U.S.C. Section
enacted by
3523(a)(4), in addition to other statutory and regulatory
requirements.
P.L. 116-128 on March 21, 2020, and
P.L. 116-128, as amended by P.L. 116-159, allows the VA
the Student Veteran Coronavirus Response Act of 2020
to continue to provide GI Bill benefits from March 1, 2020,
(P.L. 116-140) on April 28, 2020.
through December 21, 2021, for courses at educational
institutions that are converted from approved in-residence
The special authorities were extended by Section 5202 of
courses to distance learning by reason of an emergency or
the Continuing Appropriations Act, 2021 and Other
health-related situation. VA guidance applies the special
Extensions Act (P.L. 116-159). These authorities and one
authority to on-the-job and apprenticeship programs as
administrative action reduce the effect of such disruptions
well.
on some beneficiaries by either extending benefits or not
reducing benefit levels during the period beginning on
In the absence of the special authority, programs of
March 1, 2020, and through December 21, 2021.
education that are transitioned to distance learning must be
approved for beneficiaries to continue receiving benefits.
After a brief introduction to veterans’ educational
Some of these programs of education that were converted
assistance programs, this InFocus describes the special
as a result of the COVID-19 emergency would not
authorities granted by the statutes.
otherwise be approvable for distance learning. For example,
prior to P.L. 116-128, nonaccredited programs were not
Veterans’ Educational Assistance
eligible to be approved if they were offered by distance
Programs
learning.
Veterans educational assistance programs, including the GI
P.L. 116-128, as amended by P.L. 116-159, further permits
Bills, provide benefits or services to eligible
the VA to pay the Post-9/11 GI Bill housing stipend at the
servicemembers and veterans and their family members, as
higher in-residence rates for those converted courses
applicable, to help such individuals pursue education or
throughout the same period. Without the special authority,
training. The GI Bills are entitlement programs that provide
Post-9/11 GI Bill beneficiaries enrolled exclusively via
financial assistance while recipients are enrolled in
distance learning are eligible for no more than one-half the
approved programs of education, which include training
national average of in-residence housing stipends.
programs. Other educational assistance programs, including
Work Study, either provide grant aid or help eligible
GI Bill Payments for Closed Educational
individuals take advantage of the GI Bills. For a detailed
Institutions and Suspended Courses
description of the programs, see CRS Report R42785,
Veterans’ Educational Assistance Programs and Benefits:
Since the 1970s, the VA has had authority to pay GI Bill
A Primer.
and VR&E allowances during periods when an educational
institution temporarily closes under an established policy
The Veteran Readiness and Employment program (VR&E;
based on an executive order of the President or due to an
formerly Vocational Rehabilitation and Employment) is an
emergency situation. In 2011, such allowances were limited
entitlement program that provides job training and other
to four weeks in any 12-month interval.
employment-related services to veterans with service-
connected disabilities. In many cases, VR&E provides
P.L. 116-140, as amended by P.L. 116-159, authorizes the
educational assistance. For a detailed description of VR&E,
VA to provide up to an additional four weeks (eight weeks
total) of GI Bill and VR&E payments during the period
https://crsreports.congress.gov
Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency
beginning on March 1, 2020, and ending on December 21,
Extension of GI Bill Delimiting Date
2021, if an educational institution closes or the program of
Many GI Bill participants must use their GI Bill entitlement
education is suspended due to an emergency situation. VA
before a delimiting date—the date after which no GI Bill
guidance indicates that the special authority “only provides
benefits may be paid. When applicable, the delimiting date
protection for stoppage in training when the school ceases
operations completely (temporary or permanent)” and that
generally occurs after a specified number of years following
it does not apply “if the educational institution remains
an individual’s last discharge or release from active duty, or
when a dependent child reaches a specified age. Some Post-
partially open (continues to provide training to some
9/11 GI Bill participants, such as those whose last discharge
students) but must discontinue training to students enrolled
in select programs or individual classes.”
or release from active duty was on or after January 1, 2013,
are not subject to a delimiting date.
Continued Work Study Allowances
P.L. 116-140, as amended by P.L. 116-159, exempts from
The Veterans Work Study Program allows GI Bill and
the time limitation the period during which an individual is
VR&E beneficiaries to receive additional financial
prevented from pursuing a program of education because
assistance in exchange for employment.
the educational institution closed (temporarily or
permanently) under an established policy based on an
P.L. 116-140, as amended by P.L. 116-159, authorizes the
executive order of the President or due to an emergency
VA to provide Work Study payments during the period
situation. The authority is limited to closures occurring
from March 1, 2020, to December 21, 2021, in accordance
during the period beginning on March 1, 2020, and ending
with a Work Study agreement in effect on March 1, 2020,
on December 21, 2021. The authority applies to the
despite the participant’s inability to perform such work by
following:
reason of an emergency situation. The amount of the Work
Study allowance paid during the emergency period must not
the Montgomery GI Bill-Active Duty (MGIB-AD) 10-
exceed the full-time amount specified in the agreement. The
year limitation,
special authority further requires the VA to extend an
agreement in effect on March 1, 2020, for a subsequent
the Post-9/11 GI Bill 15-year limitation and age
period if requested by the eligible Work Study participant
limitation for children using transferred benefits,
during the emergency.
the VR&E 12-year limitation and the period of a
Restoration of GI Bill Entitlement for
vocational rehabilitation program, and
Students Unable to Pursue a Program of
Education
the Montgomery GI Bill-Selected Reserve (MGIB-SR)
limitation.
In general, the GI Bills provide eligible persons a 36-month
(or its equivalent in part-time educational assistance)
Suspension of Debt Collections
entitlement to educational assistance; while VR&E provides
48 months. Most GI Bill payments are associated with a
When a beneficiary or educational institution receives
number of months or days of entitlement. Such payments
educational assistance payments for which the beneficiary
reduce the available entitlement period.
or institution is not eligible, a debt may be created. A debt
may be variously resolved through repayment, benefit
P.L. 116-140, as amended by P.L. 116-159, requires that
offsets, waivers, compromises, dispute resolution, and
the VA restore entitlement for an incomplete course if a
hardship refunds, as applicable.
beneficiary is unable to receive credit or lost training time
under one of two conditions. The conditions are the
Starting on April 3, 2020, through the end of 2020, the VA
temporary closure of an educational institution or the
has announced that it is suspending the collection of
temporary termination of a course or program of education
institutions’ and veterans’ debt, including for debts under
by reason of an emergency situation during the period
the jurisdiction of the Department of the Treasury.
beginning on March 1, 2020, and ending on December 21,
2021.
Cassandria Dortch, Specialist in Education Policy
IF11685
https://crsreports.congress.gov
Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency
Disclaimer
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https://crsreports.congress.gov | IF11685 · VERSION 1 · NEW