[116th Congress Public Law 140]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 631]]
Public Law 116-140
116th Congress
An Act
To make certain improvements in the educational assistance benefits
under the laws administered by the Secretary of Veterans Affairs in the
case of changes to courses of education by reason of emergency
situations, and for other purposes. <<NOTE: Apr. 28, 2020 - [H.R.
6322]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Student Veteran
Coronavirus Response Act of 2020. 38 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Veteran Coronavirus Response
Act of 2020''.
SEC. 2. <<NOTE: 38 USC 3031 note.>> COVERED PERIOD DEFINED.
For purposes of this Act, the term ``covered period'' means the
period beginning on March 1, 2020, and ending on December 21, 2020.
SEC. 3. <<NOTE: 38 USC 3485 note.>> PAYMENT OF WORK-STUDY
ALLOWANCES DURING EMERGENCY SITUATIONS.
During <<NOTE: Applicability.>> the covered period, the Secretary
of Veterans Affairs shall apply section 3485 of title 38, United States
Code, as if it were amended by adding at the end the following new
subsection:
``(f)(1) In case of an individual who is in receipt of work-study
allowance pursuant to an agreement described in subsection (a)(3) as of
the date on which an emergency situation occurs and who is unable to
continue to perform qualifying work-study activities described in
subsection (a)(4) by reason of the emergency situation--
``(A) the Secretary may continue to pay work-study allowance
under this section or make deductions described in subsection
(e)(1) during the period of such emergency situation,
notwithstanding the inability of the individual to perform such
work-study activities by reason of such emergency situation; and
``(B) at the option of the individual, the Secretary shall
extend the agreement described in subsection (a)(3) with the
individual for any subsequent period of enrollment initiated
during the emergency situation, notwithstanding the inability of
the individual to perform work-study activities described in
subsection (a)(4) by reason of such emergency situation.
``(2) <<NOTE: Determination.>> The amount of work-study allowance
payable to an individual under paragraph (1)(A) during the period of an
emergency situation shall be an amount determined by the Secretary but
may not exceed the amount that would be payable under subsection (a)(2)
if the individual worked 25 hours per week paid during such period.''.
[[Page 134 STAT. 632]]
SEC. 4. <<NOTE: 38 USC 3680 note.>> PAYMENT OF ALLOWANCES TO
VETERANS ENROLLED IN EDUCATIONAL INSTITUTIONS
CLOSED FOR EMERGENCY SITUATIONS.
(a) In General.--During the covered period, the Secretary may pay
allowances to an eligible veteran or eligible person under section
3680(a)(2)(A) of title 38, United States Code, if the veteran or person
is enrolled in a program or course of education that--
(1) is provided by an educational institution that is closed
by reason of an emergency situation; or
(2) is suspended by reason of an emergency situation.
(b) <<NOTE: Time period.>> Amount of Allowance.--The total number
of weeks for which allowances may be paid under this section may not
exceed four weeks.
(c) Not Counted for Purposes of Limitation.--Any amount paid under
this section shall not be counted for purposes of the limitation on
allowanced under section 3680(a)(2)(A) of title 38, United States Code.
SEC. 5. <<NOTE: 38 USC 3699 note.>> PROHIBITION OF CHARGE TO
ENTITLEMENT OF STUDENTS UNABLE TO PURSUE A
PROGRAM OF EDUCATION DUE TO AN EMERGENCY
SITUATION.
During <<NOTE: Applicability.>> the covered period, the Secretary
of Veterans Affairs shall apply section 3699(b)(1) of title 38, United
States Code, as if it were amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking ``and'' at the end
and inserting ``or'' ; and
(3) by adding at the end the following new subparagraph:
``(C) the temporary closure of an educational
institution or the temporary closure or termination of a
course or program of education by reason of an emergency
situation; and''.
SEC. 6. <<NOTE: Applicability.>> EXTENSION OF TIME LIMITATIONS
FOR USE OF ENTITLEMENT.
(a) <<NOTE: 38 USC 3031 note.>> Montgomery GI Bill.--During the
covered period, the Secretary of Veterans Affairs shall apply section
3031 of title 38, United States Code, as if it were amended by adding at
the end the following new subsection:
``(i) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing the
individual's chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise
applicable under this section because the educational institution closed
(temporarily or permanently) under an established policy based on an
Executive order of the President or due to an emergency situation, such
10-year period--
``(1) shall not run during the period the individual is so
prevented from pursuing such program; and
``(2) shall again begin running on the first day after the
individual is able to resume pursuit of a program of education
with educational assistance under this chapter.''.
(b) <<NOTE: 38 USC 3321 note.>> Post-9/11 Educational Assistance.--
(1) In general.--During the covered period, the Secretary of
Veterans Affairs shall apply section 3321(b)(1) of such title as
if it were amended--
(A) by inserting ``(A)'' before ``Subsections'';
[[Page 134 STAT. 633]]
(B) by striking ``and (d)'' and inserting ``(d), and
(i)''; and by adding at the end the following new
subparagraph:
``(B) Subsection (i) of section 3031 (as described in
section 6 of the Student Veteran Coronavirus Response Act of
2020) shall apply with respect to the running of the 15-year
period described in paragraphs (4)(A) and (5)(A) of this
subsection in the same manner as such subsection applies under
section 3031 with respect to the running of the 10-year period
described in section 3031(a).''.
(2) <<NOTE: 38 USC 3319 note.>> Transfer period.--During
the covered period, the Secretary of Veterans Affairs shall
apply section 3319(h)(5) of such title as if it were amended--
(A) in subparagraph (A) by inserting ``or (C)''
after ``subparagraph (B)''; and
(B) by adding at the end the following new
subparagraph:
``(C) <<NOTE: Determinations.>> Emergency
situations.--In any case in which the Secretary
determines that an individual to whom entitlement is
transferred under this section has been prevented from
pursuing the individual's chosen program of education
before the individual attains the age of 26 years
because the educational institution closed (temporarily
or permanently) under an established policy based on an
Executive order of the President or due to an emergency
situation, the Secretary shall extend the period during
which the individual may use such entitlement for a
period equal to the number of months that the individual
was so prevented from pursuing the program of education,
as determined by the Secretary.''.
(c) <<NOTE: Determinations.>> Vocational Rehabilitation and
Training.--
(1) <<NOTE: 38 USC 3103 note.>> Period for use.--During the
covered period, the Secretary of Veterans affairs shall apply
section 3103 of such title as if it were amended--
(A) in subsection (a), by striking ``or (e)'' and
inserting ``(e), or (g)''; and
(B) by adding at the end the following new
subsection:
``(g) In any case in which the Secretary determines that a veteran
has been prevented from participating in a vocational rehabilitation
program under this chapter within the twelve-year period of eligibility
prescribed in subsection (a) by reason of an Executive order of the
President or due to an emergency situation, such twelve-year period--
``(1) shall not run during the period the individual is so
prevented from participating such program; and
``(2) shall again begin running on the first day after the
individual is able to resume participation in such program.''.
(2) <<NOTE: 38 USC 3105 note.>> Duration of program.--
During the covered period, the Secretary of Veterans Affairs
shall apply section 3105(b) of such title as if it were
amended--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) In any case in which the Secretary determines that a
veteran has been prevented from participating in counseling and
placement and postplacement services described in section 3104(a)(2) and
(5) of this title by reason of an Executive order of the President or
due to an emergency situation, the Secretary
[[Page 134 STAT. 634]]
shall extend the period during which the Secretary may provide such
counseling and placement and postplacement services for the veteran for
a period equal to the number of months that the veteran was so prevented
from participating in such counseling and services, as determined by the
Secretary.
``(B) In any case in which the Secretary determines that a veteran
has been prevented from participating in a vocational rehabilitation
program under this chapter by reason of an Executive order of the
President or due to an emergency situation, the Secretary shall extend
the period of the veteran's vocational rehabilitation program for a
period equal to the number of months that the veteran was so prevented
from participating in the vocational rehabilitation program, as
determined by the Secretary.''.
(d) <<NOTE: 38 USC 16133 note.>> Educational Assistance for Members
of the Selected Reserve.--During the covered period, the Secretary
concerned shall apply section 16133(b) of title 10, United States Code,
as if it were amended by adding at the end the following new paragraph:
``(5) In any case in which the Secretary concerned determines that a
person entitled to educational assistance under this chapter has been
prevented from using such person's entitlement by reason of an Executive
order of the President or due to an emergency situation, the Secretary
concerned shall extend the period of entitlement prescribed in
subsection (a) for a period equal to the number of months that the
person was so prevented from using such entitlement, as determined by
the Secretary.''.
SEC. 7. <<NOTE: Applicability.>> RESTORATION OF ENTITLEMENT TO
REHABILITATION PROGRAMS FOR VETERANS AFFECTED
BY SCHOOL CLOSURE OR DISAPPROVAL.
(a) <<NOTE: 38 USC 3699 note.>> Entitlement.--During the covered
period, the Secretary of Veterans Affairs shall apply section 3699 of
title 38, United States Code, as if it were amended by striking
``chapter 30,'' each time it appears and inserting ``chapter 30, 31,''.
(b) <<NOTE: 38 USC 3680 note.>> Payment of Subsistence
Allowances.--During the covered period, the Secretary of Veterans
Affairs shall apply section 3680(a)(2)(B) of title 38, United States
Code, as if it were amended--
(1) by inserting ``or a subsistence allowance described in
section 3108'' before ``, during''; and
(2) by inserting ``or allowance'' after ``such a stipend''.
SEC. 8. <<NOTE: 38 USC 3108 note.>> EXTENSION OF PAYMENT OF
VOCATIONAL REHABILITATION SUBSISTENCE
ALLOWANCES.
In <<NOTE: Determination. Time period.>> the case of any veteran
whom the Secretary of Veterans Affairs determines is satisfactorily
following a program of employment services provided under section
3104(a)(5) of title 38, United States Code, during the covered period,
the Secretary may pay the veteran a subsistence allowance, as prescribed
in section 3108 of such title for full-time training for the type of
program that the veteran was pursuing, for two additional months.
SEC. 9. EMERGENCY DESIGNATIONS.
(a) In General.--This Act is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act is designated as
an emergency requirement pursuant to section 4112(a)
[[Page 134 STAT. 635]]
of H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018.
Approved April 28, 2020.
LEGISLATIVE HISTORY--H.R. 6322:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
Mar. 31, considered and passed House.
Apr. 21, considered and passed Senate.
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