I 

116TH CONGRESS 

2D SESSION H. R. 8483 

To amend title 38, United States Code, to make certain modifications to 

the educational assistance programs of the Department of Veterans Affairs in light of the COVID-19 emergency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2020 

Mr. CUNNINGHAM (for himself, Mr. BILIRAKIS, Mr. TAKANO, Mr. LEVIN of 

California, Mr. PAPPAS, Mr. ROSE of New York, and Ms. BROWNLEY of 

California) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committees on Armed 

Services, and the Budget, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 38, United States Code, to make certain 

modifications to the educational assistance programs of 

the Department of Veterans Affairs in light of the 

COVID-19 emergency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pandemic Assistance 

5 for Student Veterans Act of 2020’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘covered program of education’’ 

4 means a program of education (as defined in section 

5 3002 of title 38, United States Code) approved by 

6 a State approving agency, or the Secretary of Vet7 erans Affairs when acting in the role of a State ap8 proving agency. 

9 (2) The term ‘‘COVID–19 emergency’’ means 

10 the public health emergency declared pursuant to 

11 section 319 of the Public Health Service Act on Jan12 uary 31, 2020, entitled ‘‘Determination that a Pub13 lic Health Emergency Exists Nationwide as the Re14 sult of the 2019 Novel Coronavirus’’. 

15 (3) The term ‘‘educational institution’’ has the 

16 meaning given that term in section 3452(c) of title 

17 38, United States Code, and includes an institution 

18 of higher learning (as defined in such section). 

19 (4) The term ‘‘State approving agency’’ has the 

20 meaning given that term in section 3671 of title 38, 

21 United States Code. 

22 (5) The term ‘‘training establishment’’ has the 

23 meaning given that term in section 3452(e) of title 

24 38, United States Code. 


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1 (6) The term ‘‘training’’ includes on-job train2 ing and apprenticeship programs and vocational re3 habilitation programs. 

4 SEC. 3. CONTINUATION OF DEPARTMENT OF VETERANS AF5 FAIRS EDUCATIONAL ASSISTANCE BENEFITS 

6 DURING COVID–19 EMERGENCY. 

7 (a) AUTHORITY.—If the Secretary of Veterans Af8 fairs determines under subsection (c) that an individual 

9 is negatively affected by the COVID–19 emergency, the 

10 Secretary may provide educational assistance to that indi11 vidual under the laws administered by the Secretary as 

12 if such negative effects did not occur. The authority under 

13 this section is in addition to the authority provided under 

14 section 1 of Public Law 116–128 (38 U.S.C. 3001 note 

15 prec.), but in no case may the Secretary provide more than 

16 a total of four weeks of additional educational assistance 

17 by reason of section 4 of the Student Veteran Coronavirus 

18 Response Act of 2020 (Public Law 116–140; 38 U.S.C. 

19 3680 note) and this section. 

20 (b) HOUSING AND ALLOWANCES.—In providing edu21 cational assistance to an individual pursuant to subsection 

22 (a), the Secretary may— 

23 (1) continue to pay a monthly housing stipend 

24 under chapter 33 of title 38, United States Code, 

25 during a month the individual would have been enVerDate Sep 11 2014 04:13 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8483.IH H8483

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1 rolled in a program of education or training but for 

2 the COVID–19 emergency at the same rate such sti3 pend would have been payable if the individual had 

4 not been negatively affected by the COVID–19 emer5 gency, except that the total number of weeks for 

6 which stipends may continue to be so payable may 

7 not exceed four weeks; and 

8 (2) continue to pay payments or subsistence al9 lowances under chapters 30, 31, 32, 33, and 35 of 

10 such title and chapter 1606 of title 10, United 

11 States Code, during a month for a period of time 

12 that the individual would have been enrolled in a 

13 program of education or training but for the 

14 COVID–19 emergency, except that the total number 

15 of weeks for which payments or allowances may con16 tinue to be so payable may not exceed four weeks. 

17 (c) DETERMINATION OF NEGATIVE EFFECTS.—The 

18 Secretary shall determine that an individual was nega19 tively affected by the COVID–19 emergency if— 

20 (1) the individual is enrolled in a covered pro21 gram of education of an educational institution or 

22 enrolled in training at a training establishment and 

23 is pursuing such program or training using edu24 cational assistance under the laws administered by 

25 the Secretary; 


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1 (2) the educational institution or training estab2 lishment certifies to the Secretary that such pro3 gram or training is truncated, delayed, relocated, 

4 canceled, partially canceled, converted from being 

5 on-site to being offered by distance learning, or oth6 erwise modified or made unavailable by reason of the 

7 COVID–19 emergency; and 

8 (3) the Secretary determines that the modifica9 tion to such program or training specified under 

10 paragraph (2) would reduce the amount of edu11 cational assistance (including with respect to month12 ly housing stipends, payments, or subsistence allow13 ances) that would be payable to the individual but 

14 for the COVID–19 emergency. 

15 (d) EFFECT ON ENTITLEMENT PERIOD.—If the Sec16 retary determines that an individual who received assist17 ance under this section did not make progress toward the 

18 completion of the program of education in which the indi19 vidual is enrolled during the period for which the indi20 vidual received such assistance, any assistance provided 

21 pursuant to this section shall not be counted for purposes 

22 of determining the total amount of an individual’s entitle23 ment to educational assistance, housing stipends, or pay24 ments or subsistence allowances under chapters 30, 31, 


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1 32, and 35 of such title and chapter 1606 of title 10, 

2 United States Code. 

3 (e) APPLICABILITY PERIOD.—This section shall 

4 apply during the period beginning on March 1, 2020, and 

5 ending on December 21, 2021. 

6 SEC. 4. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITU7 TION AND MODIFICATION OF COURSES BY 

8 REASON OF COVID-19 EMERGENCY. 

9 (a) CLOSURE OR DISAPPROVAL.—Any payment of 

10 educational assistance described in subsection (b) shall 

11 not— 

12 (1) be charged against any entitlement to edu13 cational assistance of the individual concerned; or 

14 (2) be counted against the aggregate period for 

15 which section 3695 of title 38, United States Code, 

16 limits the receipt of educational assistance by such 

17 individual. 

18 (b) EDUCATIONAL ASSISTANCE DESCRIBED.—Sub19 ject to subsection (d), the payment of educational assist20 ance described in this subsection is the payment of such 

21 assistance to an individual for pursuit of a course or pro22 gram of education at an educational institution under 

23 chapter 30, 31, 32, 33, or 35 of title 38, United States 

24 Code, or chapter 1606 of title 10, United States Code, 

25 if the Secretary determines that the individual— 


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1 (1) was unable to complete such course or pro2 gram as a result of— 

3 (A) the closure of the educational institu4 tion, or the full or partial cancellation of a 

5 course or program of education, by reason of 

6 the COVID-19 emergency; or 

7 (B) the disapproval of the course or a 

8 course that is a necessary part of that program 

9 under chapter 36 of title 38, United States 

10 Code, because the course was modified by rea11 son of such emergency; and 

12 (2) did not receive credit or lost training time, 

13 toward completion of the program of education being 

14 so pursued. 

15 (c) HOUSING ASSISTANCE.—In this section, edu16 cational assistance includes, as applicable— 

17 (1) monthly housing stipends payable under 

18 chapter 33 of title 38, United States Code, for any 

19 month the individual would have been enrolled in a 

20 course or program of education; and 

21 (2) payments or subsistence allowances under 

22 chapters 30, 31, 32, and 35 of such title and chap23 ter 1606 of title 10, United States Code, during a 

24 month the individual would have been enrolled in a 

25 course or program of education. 


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1 (d) PERIOD NOT CHARGED.—The period for which, 

2 by reason of this subsection, educational assistance is not 

3 charged against entitlement or counted toward the appli4 cable aggregate period under section 3695 of title 38, 

5 United States Code, shall not exceed the aggregate of— 

6 (1) the portion of the period of enrollment in 

7 the course from which the individual did not receive 

8 credit or with respect to which the individual lost 

9 training time, as determined under subsection 

10 (b)(2); and 

11 (2) the period by which a monthly stipend is ex12 tended under section 3680(a)(2)(B) of title 38, 

13 United States Code. 

14 (e) CONTINUING PURSUIT OF DISAPPROVED

15 COURSES.— 

16 (1) IN GENERAL.—The Secretary may treat a 

17 course of education that is disapproved under chap18 ter 36 of title 38, United States Code, as being ap19 proved under such chapter with respect to an indi20 vidual described in paragraph (2) if the Secretary 

21 determines, on a programmatic basis, that— 

22 (A) such disapproval is the result of an ac23 tion described in subsection (b)(1)(B); and 

24 (B) continuing pursuing such course is in 

25 the best interest of the individual. 


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1 (2) INDIVIDUAL DESCRIBED.—An individual de2 scribed in this paragraph is an individual who is 

3 pursuing a course of education at an educational in4 stitution under chapter 30, 31, 32, 33, or 35 of title 

5 38, United States Code, or chapter 1606 of title 10, 

6 United States Code, as of the date on which the 

7 course is disapproved as described in subsection 

8 (b)(1)(B). 

9 (f) STATUS AS FULL-TIME STUDENT FOR PURPOSES

10 OF HOUSING STIPEND CALCULATION.—In the case of an 

11 individual who, as of the first day of the COVID-19 emer12 gency was enrolled on a full-time basis in a program of 

13 education and was receiving educational assistance under 

14 chapter 33 of title 38, United States Code, or subsistence 

15 allowance under chapter 31 of such title, and for whom 

16 the Secretary makes a determination under subsection (b), 

17 the individual shall be treated as an individual enrolled 

18 in a program of education on a full-time basis for the pur19 pose of calculating monthly housing stipends payable 

20 under chapter 33 of title 38, United States Code, or sub21 sistence allowance payable under chapter 31 of such title, 

22 for any month the individual is enrolled in the program 

23 of education on a part-time basis to complete any course 

24 of education that was partially or fully canceled by reason 

25 of the COVID-19 emergency. 


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1 (g) NOTICE OF CLOSURES.—Not later than 5 busi2 ness days after the date on which the Secretary receives 

3 notice that an educational institution will close or is closed 

4 by reason of the COVID-19 emergency, the Secretary shall 

5 provide to each individual who is enrolled in a course or 

6 program of education at such educational institution using 

7 entitlement to educational assistance under chapter 30, 

8 31, 32, 33, or 35 of title 38, United States Code, or chap9 ter 1606 of title 10, United States Code, notice of— 

10 (1) such closure and the date of such closure; 

11 and 

12 (2) the effect of such closure on the individual’s 

13 entitlement to educational assistance pursuant to 

14 this section. 

15 (h) APPLICABILITY.—This section shall apply with 

16 respect to the closure of an educational institution, or the 

17 cancellation or modification of a course or program of edu18 cation, that occurs during the period beginning on March 

19 1, 2020, and ending on December 21, 2021. 

20 SEC. 5. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES 

21 OF WITHDRAWAL. 

22 (a) IN GENERAL.—In the case of any individual who 

23 withdraws from a program of education or training, other 

24 than a program by correspondence, in an educational in25 stitution under chapter 31, 34, or 35 of title 38, United 


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1 States Code, for a covered reason during the period begin2 ning on March 1, 2020, and ending on December 21, 

3 2021, the Secretary of Veterans Affairs shall find miti4 gating circumstances for purposes of section 

5 3680(a)(1)(C)(ii) of title 38, United States Code. 

6 (b) COVERED REASON.—In this section, the term 

7 ‘‘covered reason’’ means any reason related to the COVID8 19 emergency, including— 

9 (1) illness, quarantine, or social distancing re10 quirements; 

11 (2) issues associated with COVID-19 testing ac12 cessibility; 

13 (3) access or availability of childcare; 

14 (4) providing care for a family member or co15 habitants; 

16 (5) change of location or residence due to 

17 COVID-19 or associated school closures; 

18 (6) employment changes or financial hardship; 

19 and 

20 (7) issues associated with changes in format or 

21 medium of instruction. 

22 SEC. 6. MODIFICATION OF TIME LIMITATIONS ON USE OF 

23 ENTITLEMENT. 

24 (a) MONTGOMERY GI BILL.—The subsection (i) tem25 porarily added to section 3031 of title 38, United States 


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1 Code, by subsection (a) of section 6 of the Student Vet2 eran Coronavirus Response Act of 2020 (Public Law 116– 

3 140) is amended— 

4 (1) in paragraph (1), by striking ‘‘the period 

5 the individual is so prevented from pursuing such 

6 program’’ and inserting ‘‘the period beginning on 

7 March 1, 2020, and ending on December 21, 2021’’; 

8 and 

9 (2) in paragraph (2), by striking ‘‘the first day 

10 after the individual is able to resume pursuit of a 

11 program of education with educational assistance 

12 under this chapter’’ and inserting ‘‘December 22, 

13 2021’’. 

14 (b) VOCATIONAL REHABILITATION AND TRAINING.— 

15 The subsection (g) temporarily added to section 3103 of 

16 title 38, United States Code, by subsection (c) of such sec17 tion 6 is amended— 

18 (1) in paragraph (1), by striking ‘‘the period 

19 the individual is so prevented from participating 

20 such program’’ and inserting ‘‘the period beginning 

21 on March 1, 2020, and ending on December 21, 

22 2021’’; and 

23 (2) in paragraph (2), by striking ‘‘the first day 

24 after the individual is able to resume participation in 

25 such program’’ and inserting ‘‘December 22, 2021’’. 


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1 SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING REQUIRE2 MENTS. 

3 (a) IN GENERAL.—During the period described in 

4 subsection (b), subsection (e) of section 3687 of title 38, 

5 United States Code, shall be applied by substituting the 

6 following for paragraph (2): 

7 ‘‘(2)(A) Subject to subparagraphs (B) and (C), 

8 for any month in which an individual fails to com9 plete 120 hours of training, the entitlement other10 wise chargeable under paragraph (1) shall be re11 duced in the same proportion as the monthly train12 ing assistance allowance payable is reduced under 

13 subsection (b)(3). 

14 ‘‘(B) In the case of an individual who is unem15 ployed during any month, the 120-hour requirement 

16 under subparagraph (A) for that month shall be re17 duced proportionately to reflect the individual’s pe18 riod of unemployment, except that the amount of 

19 monthly training assistance otherwise payable to the 

20 individual under subsection (b)(3) shall not be re21 duced. 

22 ‘‘(C) Any period during which an individual is 

23 unemployed shall not— 

24 ‘‘(i) be charged against any entitlement to 

25 educational assistance of the individual; or 


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1 ‘‘(ii) be counted against the aggregate pe2 riod for which section 3695 of this title limits 

3 the receipt of educational assistance by such in4 dividual. 

5 ‘‘(D) Any amount by which the entitlement of 

6 an individual is reduced under subparagraph (A) 

7 shall not— 

8 ‘‘(i) be charged against any entitlement to 

9 educational assistance of the individual; or 

10 ‘‘(ii) be counted against the aggregate pe11 riod for which section 3695 of this title limits 

12 the receipt of educational assistance by such in13 dividual. 

14 ‘‘(E) In the case of an individual who fails to 

15 complete 120 hours of training during a month, but 

16 who completed more than 120 hours of training dur17 ing the preceding month, the individual may apply 

18 the number of hours in excess of 120 that the indi19 vidual completed for that month to the month for 

20 which the individual failed to complete 120 hours. If 

21 the addition of such excess hours results in a total 

22 of 120 hours or more, the individual shall be treated 

23 as an individual who has completed 120 hours of 

24 training for that month. Any excess hours applied to 


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1 a different month under this subparagraph may only 

2 be applied to one such month. 

3 ‘‘(F) This paragraph applies to amounts de4 scribed in section 3313(g)(3)(B)(iv) and section 

5 3032(c)(2) of this title and section 16131(d)(2) of 

6 title 10. 

7 ‘‘(G) In this paragraph: 

8 ‘‘(i) The term ‘unemployed’ includes being 

9 furloughed or being scheduled to work zero 

10 hours. 

11 ‘‘(ii) The term ‘fails to complete 120 hours 

12 of training’ means, with respect to an indi13 vidual, that during any month, the individual 

14 completes at least one hour, but fewer than 120 

15 hours, of training, including in a case in which 

16 the individual is unemployed for part of, but 

17 not the whole, month.’’. 

18 (b) APPLICABILITY PERIOD.—The period described 

19 in this section is the period beginning on March 1, 2020, 

20 and ending on December 21, 2021. 

21 SEC. 8. INCLUSION OF TRAINING ESTABLISHMENTS IN CER22 TAIN PROVISIONS RELATED TO COVID-19 

23 EMERGENCY. 

24 (a) CONTINUATION OF BENEFITS.—Section 1 of 

25 Public Law 116–128 is amended— 


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1 (1) in subsection (a), by inserting ‘‘or a train2 ing establishment’’ after ‘‘an educational institu3 tion’’; and 

4 (2) in subsection (c), by adding at the end the 

5 following new paragraph: 

6 ‘‘(4) TRAINING ESTABLISHMENT.—The term 

7 ‘training establishment’ has the meaning given such 

8 term in section 3452(e) of title 38, United States 

9 Code.’’. 

10 (b) PAYMENT OF ALLOWANCES.—Section 4(a)(1) of 

11 the Student Veteran Coronavirus Response Act of 2020 

12 (Public Law 116–140; 38 U.S.C. 3680 note) is amended 

13 by inserting ‘‘or a training establishment’’ after ‘‘edu14 cational institution’’. 

15 (c) PROHIBITION OF CHARGE TO ENTITLEMENT.— 

16 The subparagraph (C) temporarily added to section 

17 3699(b)(1) of title 38, United States Code, by section 5 

18 of the Student Veteran Coronavirus Response Act of 2020 

19 (Public Law 116–140; 38 U.S.C. 3699 note) is amended 

20 by inserting ‘‘or training establishment’’ after ‘‘edu21 cational institution’’. 

22 (d) EXTENSION OF TIME LIMITATIONS.— 

23 (1) MGIB.—The subsection (i) temporarily 

24 added to section 3031 of title 38, United States 

25 Code, by subsection (a) of section 6 of the Student 


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1 Veteran Coronavirus Response Act of 2020 (Public 

2 Law 116–140), as amended by section 6 of this Act, 

3 is further amended by inserting ‘‘or training estab4 lishment’’ after ‘‘educational institution’’. 

5 (2) TRANSFER PERIOD.—The subparagraph (C) 

6 temporarily added to section 3319(h)(5) of such title 

7 by section 6 of the Student Veteran Coronavirus Re8 sponse Act of 2020 (Public Law 116–140) is amend9 ed by inserting ‘‘or training establishment’’ after 

10 ‘‘educational institution’’. 

11 SEC. 9. TREATMENT OF PAYMENT OF ALLOWANCES UNDER 

12 STUDENT VETERAN CORONAVIRUS RE13 SPONSE ACT. 

14 Section 4 of the Student Veteran Coronavirus Re15 sponse Act of 2020 (Public Law 116–140) is amended— 

16 (1) in subsection (b)— 

17 (A) by striking ‘‘may not exceed four 

18 weeks.’’ and inserting ‘‘may not exceed the 

19 shorter of the following:’’; and 

20 (B) by adding at the end the following new 

21 paragraphs: 

22 ‘‘(1) The period of time that the eligible veteran 

23 or eligible person would have been enrolled in a pro24 gram of education or training but for the emergency 

25 situation. 


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1 ‘‘(2) Four weeks.’’; and 

2 (2) by adding at the end the following new sub3 section: 

4 ‘‘(e) ENTITLEMENT NOT CHARGED.—Any payment 

5 of allowances under this section shall not— 

6 ‘‘(1) be charged against any entitlement to edu7 cational assistance of the eligible veteran or eligible 

8 person concerned; or 

9 ‘‘(2) be counted against the aggregate period 

10 for which section 3695 of this title 38, United States 

11 Code, limits the receipt of educational assistance by 

12 such eligible veteran or eligible person.’’. 

13 SEC. 10. EMERGENCY DESIGNATIONS. 

14 (a) IN GENERAL.—This Act is designated as an 

15 emergency requirement pursuant to section 4(g) of the 

16 Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

17 (b) DESIGNATION IN SENATE.—In the Senate, this 

18 Act is designated as an emergency requirement pursuant 

19 to section 4112(a) of H. Con. Res. 71 (115th Congress), 

20 the concurrent resolution on the budget for fiscal year 

21 2018. 

Æ 


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