Updated August 17, 2021
Special Authorities for Veterans’ Educational Assistance
Programs During the COVID-19 Emergency
On January 31, 2020, the Secretary of Health and Human
connected disabilities. In many cases, VR&E provides
Services declared a public health emergency (COVID-19
educational assistance. For a detailed description of VR&E,
emergency) under Section 319 of the Public Health Service
see CRS Report RL34627, Veterans’ Benefits: The Veteran
Act (42 U.S.C. §247d). The Department of Veterans Affairs
Readiness and Employment Program.
(VA) and veterans’ educational assistance beneficiaries
raised concerns that abrupt disruptions to programs of
Continued GI Bil Payments for Distance Learning
education, educational institutions, and employment could
Many programs of education offered in part or exclusively
negatively impact the short-term finances of beneficiaries
through distance learning may be approved for GI Bill
and their continued pursuit of educational programs. In
purposes, but unaccredited programs and certificate
response, special authorities were enacted, and amended, by
programs that are not offered by a limited group of
educational institutions cannot.
P.L. 116-128 on March 21, 2020;
P.L. 116-128, as amended by P.L. 116-159 and P.L. 116-
the Student Veteran Coronavirus Response Act of 2020
315, allows the VA to continue to provide GI Bill benefits
(P.L. 116-140) on April 28, 2020;
during the covered period for courses at educational
institutions and training establishments that are converted
the Continuing Appropriations Act, 2021 and Other
from approved in-residence courses to distance learning by
Extensions Act (P.L. 116-159) on October 1, 2020; and
reason of an emergency or health-related situation.
the Johnny Isakson and David P. Roe, M.D. Veterans
P.L. 116-128, as amended by P.L. 116-159, further permits
Health Care and Benefits Improvement Act of 2020
the VA to pay the Post-9/11 GI Bill housing stipend at the
(P.L. 116-315) on January 5, 2021.
higher in-residence rates for those converted courses
throughout the same period. Without the special authority,
The authorities reduce the effect of such disruptions on
Post-9/11 GI Bill beneficiaries enrolled exclusively via
beneficiaries by extending benefits or not reducing benefit
distance learning are eligible for no more than one-half the
levels during the covered period from March 1, 2020,
national average of in-residence housing stipends.
through December 21, 2021. Additionally, a VA
administrative action provides temporary debt relief.
Reduced Entitlement Charge for Participants
Unable to Pursue a Program of Education
After a brief introduction to veterans’ educational
assistance programs, this InFocus describes the special
In general, the GI Bills provide eligible persons a 36-month
authorities and administrative action.
(or its part-time equivalent) entitlement to educational
assistance, while VR&E provides 48 months. Most GI Bill
Veterans’ Educational Assistance Programs
and VR&E payments reduce a beneficiary’s available
entitlement. However, entitlement is not charged for
Veterans educational assistance programs, including the GI
payments related to (1) an incomplete course or program
Bills, provide benefits or services to eligible
for which the individual is unable to receive credit or lost
servicemembers and veterans and their family members, as
training time as a result of an educational institution
applicable, to help such individuals pursue education or
closing; (2) a necessary but disapproved course or program
training. The GI Bills are entitlement programs that provide
if disapproved by a subsequently established or modified
financial assistance while recipients are enrolled in
policy, regulation, or law; and (3) the Post-9/11 GI Bill
approved programs of education, which include training
housing allowance or VR&E subsistence allowance paid
programs. Other educational assistance programs, including
following either a permanent closure or such course
Work Study, either provide grant aid or help eligible
disapproval.
individuals take advantage of the GI Bills. For a detailed
description of the programs, see CRS Report R42785,
Veterans’ Educational Assistance Programs and Benefits:
P.L. 116-140, as amended by P.L. 116-159 and P.L. 116-
315, requires that the VA not charge entitlement for an
A Primer.
incomplete course or program if a beneficiary is unable to
receive credit or lost training time under one of two
The Veteran Readiness and Employment program (VR&E;
conditions: (1) the temporary closure of an educational
formerly Vocational Rehabilitation and Employment) is an
institution or training establishment due to an emergency
entitlement program that provides job training and other
employment-related services to veterans with service-
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Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency
situation or (2) the temporary termination of a course or
Continued Work Study Al owances
program of education due to an emergency situation.
The Veterans Work Study Program allows GI Bill and
VR&E beneficiaries to receive additional financial
Under P.L. 116-315, entitlement is not charged for an
assistance in exchange for employment.
incomplete course or program if a beneficiary is unable to
receive credit or lost training time under one of two
P.L. 116-140, as amended by P.L. 116-159, authorizes the
conditions: (1) the closure of an educational institution or
VA to provide Work Study payments during the covered
the full or partial cancellation of a course or program by
period in accordance with a Work Study agreement in
reason of the COVID-19 emergency or (2) the disapproval
effect on March 1, 2020, despite the participant’s inability
of a course because the course was modified by reason of
to perform such work by reason of an emergency situation.
the COVID-19 emergency. This special authority applies
The amount of the Work Study allowance must not exceed
only to the Post-9/11 GI Bill housing allowance and other
the full-time amount specified in the agreement. The special
GI Bill and VR&E subsistence allowance payments.
authority further requires the VA to extend an agreement in
effect on March 1, 2020, for a subsequent period if
With respect to apprenticeship or on-the-job training under
requested by the participant during the covered period.
the Montgomery GI Bill-Active Duty (MGIB-AD), Post-
9/11 GI Bill, and Montgomery GI Bill-Selected Reserve
Extension of GI Bil Delimiting Date
(MGIB-SR), P.L. 116-315 proportionally reduces the
entitlement charged to beneficiaries who cannot complete
Many GI Bill participants must use their GI Bill entitlement
120 training hours in a month due to unemployment
before a delimiting date—the date after which no benefits
without reducing the training allowance.
may be paid. The delimiting date generally occurs after a
specified number of years following an individual’s last
Continued Payments for Closed Schools and
discharge or release from active duty, or when a dependent
Modified Courses
child reaches a specified age. Some Post-9/11 GI Bill
The VA has special authority during the covered period to
participants are not subject to a delimiting date.
provide up to four aggregate weeks of GI Bill or VR&E
payments for the following closed school and modified or
P.L. 116-140, as amended by P.L. 116-159 and P.L. 116-
unavailable course situations:
315, exempts from the time limitation a prescribed period
during which the beneficiary was unable to pursue a
If an educational institution or training establishment
program of education as a result of an executive order of
closes or a program is suspended due to an emergency
the President or due to an emergency situation during the
situation, P.L. 116-140, as amended by P.L. 116-159
covered period. The whole covered period is exempt from
and P.L. 116-315, authorizes the VA to provide up to
the MGIB-AD, Post-9/11 GI Bill, and VR&E year
four weeks of payments but no more than the period of
limitation if an individual is so prevented because an
time that the beneficiary would have been enrolled but
educational institution or training establishment closed
for the emergency situation. GI Bill and VR&E
(temporarily or permanently). For Post-9/11 GI Bill child
entitlement is not charged for the up to four-week
transferees, the exemption period is limited to the number
period.
of months that the individual was so prevented because an
educational institution or training establishment closed
If an educational institution or training establishment
(temporarily or permanently). For the MGIB-SR period, the
modifies or makes unavailable a course by reason of the
exemption period is limited to the number of months that
COVID-19 emergency such that a beneficiary’s
the individual was so prevented from using entitlement.
payment is reduced, the VA is authorized to provide up
to four weeks of payments at a level that has not been so
No Debt for Student Withdrawal
reduced. In addition, entitlement is not charged for the
GI Bill and VR&E payments for courses from which
up to four-week period if the beneficiary did not make
beneficiaries withdraw are overpayments if the student’s
progress toward the completion of the program of
course grade is non-punitive and there are no mitigating
education.
circumstances. P.L. 116-315 defines a withdrawal for any
reason related to the COVID-19 emergency as a mitigating
P.L. 116-315 further permits the VA to pay the Post-9/11
circumstance during the covered period.
GI Bill housing stipend and VR&E subsistence allowance
at the full-time enrollment rate for those beneficiaries who
Suspension of Debt Col ections
had been enrolled full-time on March 1, 2020, but reduced
their enrollment rate because of the partial or full
When GI Bill or VR&E payments are made for which a
cancellation of course(s) by reason of the COVID-19
beneficiary is not eligible, a debt may be created. A debt
emergency. Without the special authority, beneficiaries
may be resolved through repayment or various debt relief
enrolled part-time receive reduced payments.
options. The VA has suspended collection of VA benefit
debts incurred between April 1, 2020, and September 30,
Under P.L. 116-315, the VA may continue paying benefits,
2021, including for debts under the jurisdiction of the
if it is in the individual’s best interest, to GI Bill and VR&E
Department of the Treasury.
beneficiaries who remain enrolled in courses or programs
disapproved because the course or program was modified
Cassandria Dortch, Specialist in Education Policy
by reason of the COVID-19 emergency.
IF11685
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Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency
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