Restoring Education Access for Student Veterans Act

To provide for the continuation of certain educational assistance benefits during the COVID–19 emergency, and for other purposes. 1. Short title This Act may be cited as the Restoring Education Access for Student Veterans Act 2. Continuation of Department of Veterans Affairs educational assistance benefits during COVID–19 emergency (a) Authority If the Secretary of Veterans Affairs determines under subsection (c) that an individual is negatively affected by the COVID–19 emergency, the Secretary may provide educational assistance to that individual under the laws administered by the Secretary as if such negative effects did not occur. The authority under this section is in addition to the authority provided under section 1 of Public Law 116–128 38 U.S.C. 3001 Public Law 116–140 38 U.S.C. 3680 (b) Housing and allowances In providing educational assistance to an individual pursuant to subsection (a), the Secretary may— (1) continue to pay a monthly housing stipend under chapter 33 (2) continue to pay payments or subsistence allowances under chapters 30, 31, 32, 33, and 35 of such title and chapter 1606 (c) Determination of negative effects The Secretary shall determine that an individual was negatively affected by the COVID–19 emergency if— (1) the individual is enrolled in a covered program of education of an educational institution or enrolled in training at a training establishment and is pursuing such program or training using educational assistance under the laws administered by the Secretary; (2) the educational institution or training establishment certifies to the Secretary that such program or training is truncated, delayed, relocated, canceled, partially canceled, converted from being on-site to being offered by distance learning, or otherwise modified or made unavailable by reason of the COVID–19 emergency; and (3) the Secretary determines that the modification to such program or training specified under paragraph (2) would reduce the amount of educational assistance (including with respect to monthly housing stipends, payments, or subsistence allowances) that would be payable to the individual but for the COVID–19 emergency. (d) Effect on entitlement period If the Secretary determines that an individual who received assistance under this section did not make progress toward the completion of the program of education in which the individual is enrolled during the period for which the individual received such assistance, any assistance provided pursuant to this section shall not be counted for purposes of determining the total amount of an individual’s entitlement to educational assistance, housing stipends, or payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapter 1606 (e) Applicability period This section shall apply during the period beginning on March 1, 2020, and ending on December 21, 2021. 3. Effects of closure of educational institution and modification of courses by reason of COVID-19 emergency (a) Closure or disapproval Any payment of educational assistance described in subsection (b) shall not— (1) be charged against any entitlement to educational assistance of the individual concerned; or (2) be counted against the aggregate period for which section 3695 of title 38, United States Code, limits the receipt of educational assistance by such individual. (b) Educational assistance described Subject to subsection (d), the payment of educational assistance described in this subsection is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 (1) was unable to complete such course or program as a result of— (A) the closure of the educational institution, or the full or partial cancellation of a course or program of education, by reason of the COVID-19 emergency; or (B) the disapproval of the course or a course that is a necessary part of that program under chapter 36 (2) did not receive credit or lost training time, toward completion of the program of education being so pursued. (c) Housing assistance In this section, educational assistance includes, as applicable— (1) monthly housing stipends payable under chapter 33 (2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapter 1606 (d) Period not charged The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of title 38, United States Code, shall not exceed the aggregate of— (1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and (2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of title 38, United States Code. (e) Continuing pursuit of disapproved courses (1) In general The Secretary may treat a course of education that is disapproved under chapter 36 (A) such disapproval is the result of an action described in subsection (b)(1)(B); and (B) continuing pursuing such course is in the best interest of the individual. (2) Individual described An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 (f) Status as full-Time student for purposes of housing stipend calculation In the case of an individual who, as of the first day of the COVID-19 emergency was enrolled on a full-time basis in a program of education and was receiving educational assistance under chapter 33 chapter 33 (g) Notice of closures Not later than 5 business days after the date on which the Secretary receives notice that an educational institution will close or is closed by reason of the COVID-19 emergency, the Secretary shall provide to each individual who is enrolled in a course or program of education at such educational institution using entitlement to educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 (1) such closure and the date of such closure; and (2) the effect of such closure on the individual’s entitlement to educational assistance pursuant to this section. (h) Applicability This section shall apply with respect to the closure of an educational institution, or the cancellation or modification of a course or program of education, that occurs during the period beginning on March 1, 2020, and ending on December 21, 2021. 4. Definitions In this Act: (1) The term covered program of education (2) The term COVID–19 emergency Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (3) The term educational institution (4) The term State approving agency (5) The term training establishment (6) The term training

Summary: Restoring Education Access for Student Veterans Act This bill authorizes the Department of Veterans Affairs to provide certain educational assistance benefits, including housing stipends and allowances, to individuals who are negatively affected by the COVID-19 emergency.