Updated December 17, 2021
Special Authorities for Veterans’ Educational Assistance
Programs During the COVID-19 Emergency
On January 31, 2020, the Secretary of Health and Human
The Veteran Readiness and Employment program (VR&E;
Services declared a public health emergency (COVID-19
formerly Vocational Rehabilitation and Employment) is an
emergency) under Section 319 of the Public Health Service
entitlement program that provides job training and other
Act (42 U.S.C. §247d). The Department of Veterans Affairs
employment-related services to veterans with service-
(VA) and veterans’ educational assistance beneficiaries
connected disabilities. In many cases, VR&E provides
raised concerns that abrupt disruptions to programs of
educational assistance. For a detailed description of VR&E,
education, educational institutions, and employment could
see CRS Report RL34627, Veterans’ Benefits: The Veteran
negatively impact the short-term finances of beneficiaries
Readiness and Employment Program.
and their continued pursuit of educational programs. In
response, special authorities were enacted, and amended, by
Continued GI Bill Payments for Distance Learning
Many programs of education offered in part or exclusively
P.L. 116-128 on March 21, 2020;
through distance learning may be approved for GI Bill
the Student Veteran Coronavirus Response Act of 2020
purposes, but unaccredited programs and certificate
(P.L. 116-140) on April 28, 2020;
programs that are not offered by a limited group of
educational institutions cannot.
the Continuing Appropriations Act, 2021 and Other
Extensions Act (P.L. 116-159) on October 1, 2020; and
P.L. 116-128, as amended by P.L. 116-159 and P.L. 116-
the Johnny Isakson and David P. Roe, M.D. Veterans
315, allows the VA to continue to provide GI Bill benefits
Health Care and Benefits Improvement Act of 2020
during the covered period for courses at educational
(P.L. 116-315) on January 5, 2021.
institutions and training establishments that are converted
from approved in-residence courses to distance learning by
The authorities reduce the effect of such disruptions on
reason of an emergency or health-related situation.
beneficiaries by extending benefits or not reducing benefit
levels during the covered period from March 1, 2020,
P.L. 116-128, as amended by P.L. 116-159, further permits
through December 21, 2021. The REMOTE Act (H.R.
the VA to pay the Post-9/11 GI Bill housing stipend at the
5545), as passed by the House on December 8, 2021, and
higher in-residence rates for those converted courses
the Senate on December 15, 2021, would extend the
throughout the same period. Without the special authority,
covered period to June 1, 2022, if signed into law by the
Post-9/11 GI Bill beneficiaries enrolled exclusively via
President.
distance learning are eligible for no more than one-half the
national average of in-residence housing stipends.
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
In general, the GI Bills provide eligible persons a 36-month
assistance programs, this In Focus describes the special
(or its part-time equivalent) entitlement to educational
authorities and administrative action.
assistance, while VR&E provides 48 months. Most GI Bill
and VR&E payments reduce a beneficiary’s available
Veterans’ Educational Assistance Programs
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,
P.L. 116-140, as amended by P.L. 116-159 and P.L. 116-
Veterans’ Educational Assistance Programs and Benefits:
315, requires that the VA not charge entitlement for an
A Primer.
incomplete course or program if a beneficiary is unable to
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Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency
receive credit or lost training time under one of two
disapproved because the course or program was modified
conditions: (1) the temporary closure of an educational
by reason of the COVID-19 emergency.
institution or training establishment due to an emergency
situation or (2) the temporary termination of a course or
Continued Work Study Allowances
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 Bill 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. GI Bill and VR&E entitlement is not
(temporarily or permanently). For Post-9/11 GI Bill child
charged for the up to four-week period.
transferees, the exemption period is limited to the number
of months that the individual was so prevented because an
If an educational institution or training establishment
educational institution or training establishment closed
modifies or makes unavailable a course by reason of the
(temporarily or permanently). For the MGIB-SR period, the
COVID-19 emergency such that a beneficiary’s
exemption period is limited to the number of months that
payment is reduced, the VA is authorized to provide up
the individual was so prevented from using entitlement.
to four weeks of payments at an unreduced level. In
No Debt for Student Withdrawal
addition, entitlement is not charged for the up to four-
week period if the beneficiary did not make progress
GI Bill and VR&E payments for courses from which
toward the completion of the program of education.
beneficiaries withdraw are overpayments if the student’s
course grade is nonpunitive and there are no mitigating
P.L. 116-315 further permits the VA to pay the Post-9/11
circumstances. P.L. 116-315 defines a withdrawal for any
GI Bill housing stipend and VR&E subsistence allowance
reason related to the COVID-19 emergency as a mitigating
at the full-time enrollment rate for those beneficiaries who
circumstance during the covered period.
had been enrolled full-time on March 1, 2020, but reduced
Suspension of Debt Collections
their enrollment rate because of the partial or full
cancellation of course(s) by reason of the COVID-19
When GI Bill or VR&E payments are made for which a
emergency. Without the special authority, beneficiaries
beneficiary is not eligible, a debt may be created. A debt
enrolled part-time receive reduced payments.
may be resolved through repayment or various debt relief
options. The VA has suspended collection of VA benefit
Under P.L. 116-315, the VA may continue paying benefits,
debts incurred between April 1, 2020, and September 30,
if it is in the individual’s best interest, to GI Bill and VR&E
2021, including for debts under the jurisdiction of the
beneficiaries who remain enrolled in courses or programs
Department of the Treasury.
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Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency
IF11685
Cassandria Dortch, Specialist in Education Policy
Disclaimer
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https://crsreports.congress.gov | IF11685 · VERSION 4 · UPDATED