Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency

Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency

Updated January 5, 2022
Special Authorities for Veterans’ Educational Assistance
Programs During the COVID-19 Emergency
On January 31, 2020, the Secretary of Health and Human
entitlement program that provides job training and other
Services declared a public health emergency (COVID-19
employment-related services to veterans with service-
emergency) under Section 319 of the Public Health Service
connected disabilities. In many cases, VR&E provides
Act (42 U.S.C. §247d). The Department of Veterans Affairs
educational assistance. For a detailed description of VR&E,
(VA) and veterans’ educational assistance beneficiaries
see CRS Report RL34627, Veterans’ Benefits: The Veteran
raised concerns that abrupt disruptions to programs of
Readiness and Employment Program.
education, educational institutions, and employment could
negatively impact the short-term finances of beneficiaries
Continued GI Bill Payments for Distance Learning
and their continued pursuit of educational programs. In
Many programs of education offered in part or exclusively
response, special authorities were enacted, and amended, by
through distance learning may be approved for GI Bill

purposes, but unaccredited programs and certificate
P.L. 116-128 on March 21, 2020;
programs that are offered by entities other than a limited
 the Student Veteran Coronavirus Response Act of 2020
group of educational institutions cannot.
(P.L. 116-140) on April 28, 2020;

P.L. 116-128, as amended, allows the VA to continue to
the Continuing Appropriations Act, 2021 and Other
provide GI Bill benefits during the covered period for
Extensions Act (P.L. 116-159) on October 1, 2020;
courses at educational institutions and training
 the Johnny Isakson and David P. Roe, M.D. Veterans
establishments that are converted from approved in-
Health Care and Benefits Improvement Act of 2020
residence courses to distance learning by reason of an
(P.L. 116-315) on January 5, 2021; and
emergency or health-related situation.
 the Responsible Education Mitigating Options and
P.L. 116-128, as amended, further permits the VA to pay
Technical Extensions Act (REMOTE Act; P.L. 117-76)
the Post-9/11 GI Bill housing stipend at the higher in-
on December 21, 2021.
residence rates for those converted courses throughout the
same period. Without the special authority, Post-9/11 GI
The authorities reduce the effect of such disruptions on
Bill beneficiaries enrolled exclusively via distance learning
beneficiaries by extending benefits or not reducing benefit
are eligible for no more than one-half the national average
levels during the covered period from March 1, 2020,
of in-residence housing stipends.
through June 1, 2022. 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 In Focus 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,
P.L. 116-140, as amended, requires that the VA not charge
Veterans’ Educational Assistance Programs and Benefits:
entitlement for an incomplete course or program if a
A Primer.
beneficiary is unable to receive credit or lost training time
under one of two conditions: (1) the temporary closure of
The Veteran Readiness and Employment program (VR&E;
an educational institution or training establishment due to
formerly Vocational Rehabilitation and Employment) is an
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Special Authorities for Veterans’ Educational Assistance Programs During the COVID-19 Emergency
an emergency situation or (2) the temporary termination of
program was modified by reason of the COVID-19
a course or program of education due to an emergency
emergency.
situation.
Continued Work Study Allowances
Under P.L. 116-315, as amended, entitlement is not charged
The Veterans Work Study Program allows GI Bill and
for an incomplete course or program if a beneficiary is
VR&E beneficiaries to receive additional financial
unable to receive credit or lost training time under one of
assistance in exchange for employment.
two conditions: (1) the closure of an educational institution
or the full or partial cancellation of a course or program by
P.L. 116-140, as amended, authorizes the VA to provide
reason of the COVID-19 emergency or (2) the disapproval
Work Study payments during the covered period in
of a course because the course was modified by reason of
accordance with a Work Study agreement in effect on
the COVID-19 emergency. This special authority applies
March 1, 2020, despite the participant’s inability to perform
only to the Post-9/11 GI Bill housing allowance and other
such work by reason of an emergency situation. The
GI Bill and VR&E subsistence allowance payments.
amount of the Work Study allowance must not exceed the
full-time amount specified in the agreement. The special
With respect to apprenticeship or on-the-job training under
authority further requires the VA to extend an agreement in
the Montgomery GI Bill-Active Duty (MGIB-AD), Post-
effect on March 1, 2020, for a subsequent period if
9/11 GI Bill, and Montgomery GI Bill-Selected Reserve
requested by the participant during the covered period.
(MGIB-SR), P.L. 116-315, as amended, proportionally
reduces the entitlement charged to beneficiaries who cannot
Extension of GI Bill Delimiting Date
complete 120 training hours in a month due to
unemployment without reducing the training allowance.
Many GI Bill participants must use their GI Bill entitlement
before a delimiting date—the date after which no benefits
Continued Payments for Closed Schools and
may be paid. The delimiting date generally occurs after a
Modified Courses
specified number of years following an individual’s last
The VA has special authority during the covered period to
discharge or release from active duty, or when a dependent
provide up to four aggregate weeks of GI Bill or VR&E
child reaches a specified age. Some Post-9/11 GI Bill
payments for the following closed school and modified or
participants are not subject to a delimiting date.
unavailable course situations:
P.L. 116-140, as amended, exempts from the time limitation
 If an educational institution or training establishment
a prescribed period during which the beneficiary was
closes or a program is suspended due to an emergency
unable to pursue a program of education as a result of an
situation, P.L. 116-140, as amended, authorizes the VA
executive order of the President or due to an emergency
to provide up to four weeks of payments but no more
situation during the covered period. The whole covered
than the period of time that the beneficiary would have
period is exempt from the MGIB-AD, Post-9/11 GI Bill,
been enrolled but for the emergency. GI Bill and VR&E
and VR&E year limitation if an individual is so prevented
entitlement is not charged for the up to four-week
because an educational institution or training establishment
period.
closed (temporarily or permanently). For Post-9/11 GI Bill
child transferees, the exemption period is limited to the
 If an educational institution or training establishment
number of months that the individual was so prevented
modifies or makes unavailable a course by reason of the
because an educational institution or training establishment
COVID-19 emergency such that a beneficiary’s
closed (temporarily or permanently). For the MGIB-SR
payment is reduced, the VA is authorized to provide up
period, the exemption period is limited to the number of
to four weeks of payments at an unreduced level. In
months that the individual was so prevented from using
addition, entitlement is not charged for the up to four-
entitlement.
week period if the beneficiary did not make progress
No Debt for Student Withdrawal
toward the completion of the program of education.
GI Bill and VR&E payments for courses from which
P.L. 116-315, as amended, further permits the VA to pay
beneficiaries withdraw are overpayments if the student’s
the Post-9/11 GI Bill housing stipend and VR&E
course grade is nonpunitive and there are no mitigating
subsistence allowance at the full-time enrollment rate for
circumstances. P.L. 116-315, as amended, defines a
those beneficiaries who had been enrolled full-time on
withdrawal during the covered period for any reason related
March 1, 2020, but reduced their enrollment rate because of
to the COVID-19 emergency as a mitigating circumstance.
the partial or full cancellation of course(s) by reason of the
Suspension of Debt Collections
COVID-19 emergency. Without the special authority,
beneficiaries enrolled part-time would receive reduced
When GI Bill or VR&E payments are made for which a
payments.
beneficiary is not eligible, a debt may be created. A debt
may be resolved through repayment or various debt relief
Under P.L. 116-315, as amended, the VA may continue
options. The VA suspended collection of VA benefit debts
paying benefits, if it is in the individual’s best interest, to
incurred between April 1, 2020, and September 30, 2021,
GI Bill and VR&E beneficiaries who remain enrolled in
including for debts under the jurisdiction of the Department
courses or programs disapproved because the course or
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

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