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                                                                                            November  6,2020

Special Authorities for Veterans' Educational Assistance

Programs During the COVID-19 Emergency


On March  13, 2020, President Donald Trump declared the
Coronavirus Dis ease 2019 (COVID-19) outbreak a national
emergency, beginning March 1,2020. The Departmentof
Veterans Affairs (VA) and veterans' educational assistance
beneficiaries raised concerns that abrupt disruptions to
programs of education, educational institutions, and
employment  could negatively impact the short-term
finances of beneficiaries and their continued pursuit of
educationalprograms. In response, special authorities were
enactedby

  P.L. 116-128 on March 21,2020, and

  the Student Veteran Coronavirus Response Act of 2020
   (P.L. 116-140) on April28, 2020.

The special authorities were extendedby Section 5202 of
the Continuing Appropriations Act, 2021 and Other
Extensions Act(P.L. 116-159). These authorities andone
administrative actionreduce the effect ofsuchdisruptions
on some beneficiaries by either extending benefits ornot
reducing benefit levels during the period beginning on
March  1, 2020, and through December 21, 2021.

After a brief introduction to veterans' educational
as s is tance programs, this InFocus describes the special
authorities granted by the statutes.




Veterans educational as sistanceprograms, including the GI
Bills, provide benefits or services to eligible
servicemembers and veterans and their family members, as
applicable, to help such individuals pursue education or
training. The GI Bills are entitlement programs that provide
financial assistance while recipients are enrolled in
approved programs of education, which include training
programs. Other educational assistance programs, including
Work  Study, eitherprovide grant aid orhelp eligible
individuals take advantage ofthe GI Bills. Fora detailed
description of the programs, see CRS Report R42785,
Veterans'Educational Assistance Programs and Benefits:
A Primer.

The Veteran Readiness and Employment program(VR&E;
formerly Vocational Rehabilitation and Employment) is an
entitlement programthat provides job training and other
employment-related services to veterans with service-
connected disabilities. In many cases, VR&E provides
educational as sistance. For a detailed description of VR&E,


see CRS Report RL34627, Veterans 'Benefits: The
Vocational Rehabilitation andEmploymentProgram.

Leanum ,ing

Programs ofeducationofferedin part orexclusively
through dis tance learning may be approved for GI Bill
purposes if they meet the requirements in 38 U.S.C. Section
3680A(a)(4) and, as applicable, 38 U.S.C. Section
3523(a)(4), in addition to others tatutory and regulatory
requirements.

P.L. 116-128, as amended by P.L. 116-159, allows the VA
to continue to provide GI Bill benefits fromMarch 1,2020,
through December 21,2021, for courses at educational
institutions that are converted fromapproved in -residence
courses to distance learning by reason of an emergency or
health-related situation. VA guidance applies the special
authority to on-the-job and apprenticeship programs as
well.

In the absence of the special authority, programs of
education that are transitioned to dis tance learning mus t be
approved for beneficiaries to continue receiving benefits.
Some  of thes e programs of education that were converted
as a result of the COVID-19 emergency would not
otherwise be approvable for distance learning. For example,
prior to P.L. 116-128, nonaccredited programs were not
eligible to be approved if they were offered by distance
learning.

P.L. 116-128, as amended byP.L. 116-159, furtherpermits
the VA to pay the Post-9/11 GI Bill housing stipend at the
higher in-residencerates for those converted courses
throughout the s ame period. Without the special authority,
Post-9/11 G Bill beneficiaries enrolled exclusivelyvia
distance learning are eligible for no more than one-half the
national averageofin-residence housing stipends.

Gi'~   Sil ayrnen'tor Ck)SedEdct   na

Since the 1970s, the VA has had authority to pay GI Bill
and VR&E  allowances during periods when an educational
institution temporarily closes under an established policy
b as ed on an executive order of the President or due to an
emergency  situation. In 2011, such allowances were limited
to four weeks in any 12-month interval.

P.L. 116-140, as amended by P.L. 116-159, authorizes the
VA  to provide up to an additional four weeks (eight weeks
total) of GI Bill and VR&E payments during theperiod


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