GI Bill Amendments Enacted in the 116th Congress: Non-COVID-19-Related

GI Bill Amendments Enacted in the 116th Congress: Non-COVID-19-Related

November 9, 2021
GI Bill Amendments Enacted in the 116th Congress: Non-
COVID-19-Related
The U.S. Department of Veterans Affairs (VA) administers
of the Armed Forces. Effective for academic terms
several GI Bills that provide grant aid to eligible veterans
beginning on or after August 1, 2021, P.L. 116-315 expands
and servicemembers and their dependents who are enrolled
eligibility to the dependents of servicemembers who, on or
in approved educational and training programs. The Post-
after September 11, 2001, die
9/11 GI Bill, originally enacted by the Post-9/11 Veterans’
Educational Assistance Act of 2008 (Title V of the
 in the line of duty while serving on duty other than
Supplemental Appropriations Act, 2008 [P.L. 110-252]), is
active duty as a member of the Armed Forces, or
the most heavily used program. It provided an estimated
$10 billion to over 600,000 participants in FY2021.
 from a service-connected disability while a member of
Approximately 240,000 participants are estimated to
the Selected Reserve.
receive $1.6 billion in benefits under four other GI Bills,
which include the Montgomery GI Bill-Active Duty
Transferability
(MGIB-AD). Prior to passage of the Post-9/11 GI Bill, the
Post-9/11 GI Bill-eligible servicemembers with at least six
most heavily used GI Bill was the MGIB-AD, enacted as
years of service and an agreement to serve four additional
Title VII of the Department of Defense Authorization Act,
years may designate one or more dependents to receive all
1985 (P.L. 98-525). For more information on veterans
or a portion of their Post-9/11 GI Bill entitlement. The U.S.
educational assistance programs, see CRS Report R42785,
Department of Defense (DOD) issued a policy limiting
Veterans’ Educational Assistance Programs and Benefits:
transferability to eligible servicemembers with at least 6 but
A Primer.
no more than 16 years of service, and an agreement to serve
4 additional years. Section 578 of P.L. 116-92 prevented
Several laws enacted in the 116th Congress amended the GI
DOD from implementing the policy and prevented DOD
Bills. Some provided temporary special authorities to
from limiting eligibility to transfer benefits based on a
address the COVID-19 emergency. (For a brief summary of
maximum number of years of service in the Armed Forces.
these special authorities, see CRS In Focus IF11685,
Special Authorities for Veterans’ Educational Assistance
Overpayments
Programs During the COVID-19 Emergency). Others
Prior to P.L. 116-315, Post-9/11 GI Bill participants were
established permanent authorities.
responsible for most overpayments of tuition and fees and
of Yellow Ribbon overpayments that resulted from
This In Focus summarizes key permanent authorities that
changing their rate of pursuit. Under P.L. 116-315, and
made consequential modifications to the benefits and
effective January 5, 2021, such overpayments are the
administration of the GI Bills. Most of the amendments
responsibility of the educational institution. The educational
discussed herein were enacted by the Johnny Isakson and
institution may seek repayment from the participant.
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (P.L. 116-315). A key policy
Amendment to the MGIB-AD: Reduction
goal was also achieved by an amendment enacted in the
in Eligibility
National Defense Authorization Act for Fiscal Year 2020
During the first 12 months of active military service and
(P.L. 116-92). Other amendments enacted in the 116th
unless servicemembers opt out, DOD generally deducts
Congress providing incremental GI Bill modifications are
$1,200 from servicemembers’ pay to secure their MGIB-
outside the scope of this report. This In Focus begins with a
AD eligibility. MGIB-AD is currently used by few
summary of significant amendments to the Post-9/11 GI
individuals and rarely provides a higher level of benefits
Bill, followed by a summary of one amendment to the
than the Post-9/11 GI Bill. The VA requires some
MGIB-AD. It concludes with a summary of key
applicants who are eligible for both the Post-9/11 GI Bill
amendments affecting the administration of all of the GI
and MGIB-AD to irrevocably relinquish eligibility for the
Bills.
MGIB-AD in order to receive Post-9/11 GI Bill benefits.
Amendments to the Post-9/11 GI Bill
Under P.L. 116-315, beginning in 2023 members of the
active component will have additional time to opt out of the
Marine Gunnery Sergeant John David Fry
MGIB-AD before DOD deducts their pay. Members of the
Scholarship Program
active component who first enter active duty after
Prior to P.L. 116-315, the Fry Scholarship provided Post-
September 30, 2030, will not qualify for MGIB-AD
9/11 GI Bill entitlement to the dependents of
eligibility. P.L. 116-315 does not affect MGIB-AD
servicemembers who, on or after September 11, 2001, die
eligibility for members of the Selected Reserve.
in the line of duty while serving on active duty as a member
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GI Bill Amendments Enacted in the 116th Congress: Non-COVID-19-Related
A 2021 court decision (Rudisill v. McDonough, 4 F.4th
about their federal educational benefits, with the intention
1297, 1304-05 (Fed. Cir. 2021)) allows individuals with
of preventing aggressive or deceptive recruiting practices
more than one period of separately qualifying service to
and providing such individuals high-quality academic and
receive up to 48 months of entitlement under more than one
student support services. For example, institutions were
GI Bill. Implementation of the decision might increase
encouraged to voluntarily designate a point of contact for
MGIB-AD utilization in the future.
academic and financial advising to assist such individuals
with the successful completion of their studies. P.L. 116-
Amendments Affecting All of the GI Bills 315 requires that educational institutions meet most of the
previously voluntary standards and additional disclosure
Additional Relief for Closed Schools
standards or risk disapproval for GI Bill purposes as of
Generally, GI Bill recipients are entitled to benefits equal to
August 1, 2021. P.L. 116-315 additionally provides the VA
a specified number of months of full-time enrollment. Prior
authority to waive these requirements for an educational
to P.L. 116-315, those individuals who did not receive
institution for a limited period.
credit or lost training time as a result of an educational
institution closing had their entitlement restored. For
U.S. Department of Education (ED) Oversight Activities
closures occurring after September 29, 2017, the amount
restored was commensurate with the portion of the period
ED evaluates some institutions of higher education to
of enrollment not completed due to closure. Under P.L.
certify their eligibility to participate in and administer
116-315, the amount of entitlement restored for closures
student aid programs authorized under Title IV of the
occurring after July 31, 2021, and before September 30,
Higher Education Act (HEA). If ED has concerns about an
2023, is based on the entire period of the individual’s
institution’s financial responsibility or administrative
enrollment in the closed school if the individual transferred
capability, ED may impose a variety of sanctions and
fewer than 12 credits and if the individual was so enrolled
corrective actions, including but not limited to placing it on
within 120 days of the closure.
an HEA Title IV funds payment method known as
Heightened Cash Monitoring 2 (HCM2) or giving it
Requirements of Approved Programs of Education
provisional certification to participate in the Title IV aid
GI Bill benefits are only paid to individuals pursuing
programs. Under P.L. 116-315, an SAA must conduct a
programs of education approved for GI Bill purposes.
risk-based survey of an educational institution if ED places
Programs of education meeting statutory and regulatory
it on HCM2 or gives it provisional certification. This does
requirements are approved by a state approving agency
not apply to programs of education offered by institutions
(SAA) and/or the VA. The SAA or VA may suspend or
that do not participate in the Title IV aid programs.
disapprove a program of education as a result of a survey or
other information.
Accreditation
Misleading Advertising and Enrollment Practices
Programs of education, and their educational institutions,
are not required to be accredited for GI Bill approval.
Prior to P.L. 116-315, programs of education offered by an
However, accreditation reduces the initial approval criteria
institution that utilized advertising, sales, or enrollment
they must meet. Effective August 1, 2021, P.L. 116-315
practices of any type that were erroneous, deceptive, or
establishes the following requirements for accredited
misleading were disapproved for GI Bill purposes based on
educational institutions:
the findings and results of a Federal Trade Commission
(FTC) investigation. As of August 1, 2021, P.L. 116-315
 Accredited educational institutions must participate in a
requires the Under Secretary of the VA to develop a process
Title IV aid program for their programs of education to
for investigating and taking action on an institution based
be approvable for GI Bill purposes, unless the VA
on evidence of substantial misrepresentation, including but
waives this requirement.
not limited to an FTC investigation or SAA survey. If
substantial misrepresentation is determined, the Under
 Although standard college degree programs offered by
Secretary of the VA must take action, ranging from
accredited public or private nonprofit educational
notifying current enrollees to disapproving programs of
institutions are provided deemed approved status, those
education. Also under P.L. 116-315, an SAA must conduct
at risk of losing accreditation (e.g., through a notice of
a risk-based survey of an educational institution if punitive
probation) lose their deemed approved status. Deemed
action is taken by the U.S. Attorney General, the FTC, or
approved programs must meet the least initial approval
any other federal agency for misconduct or misleading
criteria for GI Bill purposes.
marketing practices that would violate GI Bill standards.
 An SAA must conduct a risk-based survey if an
Principles of Excellence
educational institution is at risk of losing accreditation.
Executive Order 13607 encouraged educational institutions
Cassandria Dortch, Specialist in Education Policy
to provide meaningful information to servicemembers and
veterans and their families about the institutions’ financial
IF11970
cost and quality to assist such individuals in making choices

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GI Bill Amendments Enacted in the 116th Congress: Non-COVID-19-Related

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