Title: A bill to amend title 38, United States Code, to provide for payment of work-study allowances during a public health emergency relating to COVID-19 and for allowances to veterans enrolled in educational institutions closed for emergency situations, and for other purposes.
Policy area: Armed Forces and National Security

Summary:
This bill addresses education programs and assistance for veterans during emergency situations.
Specifically, the bill authorizes the Department of Veterans Affairs (VA) to continue paying work-study allowances during the COVID-19 public health emergency period.
The VA is also authorized to continue paying educational assistance and subsistence allowances between March 1-December 21, 2020, for programs of education that are suspended due to an emergency situation or school closure.
An educational assistance payment shall not be charged against an individual's entitlement to educational assistance if an individual was unable to complete a course or program due to the temporary closure of an educational institution or the temporary termination of a program by reason of an emergency situation occurring between March 1-December 21, 2020. This includes assistance related to training and rehabilitation programs for veterans with service-connected disabilities.
The bill extends the time limitation for using educational assistance under the Montgomery GI Bill and the Post-9/11 GI Bill when institutions are closed due to an executive order or emergency situation occurring between March 1-December 21, 2020. It also extends the time limitation for participation in a vocational rehabilitation program when such participation is prevented due to an executive order or emergency situation occurring between March 1-December 21, 2020.
The bill authorizes the VA to pay a subsistence allowance for two additional months to a veteran following a program of employment services from March 1-December 21, 2020, for full-time training for the type of program the veteran was pursuing.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3678 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3678

 To amend title 38, United States Code, to provide for payment of work-
study allowances during a public health emergency relating to COVID-19 
  and for allowances to veterans enrolled in educational institutions 
        closed for emergency situations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2020

   Mr. Moran (for himself, Mr. Tester, Mr. Cassidy, Mr. Tillis, Mr. 
    Rounds, Mrs. Blackburn, Ms. Sinema, Mr. Booker, Mr. Brown, Mr. 
  Blumenthal, Mrs. Murray, Mrs. Loeffler, Ms. Hirono, and Mr. Inhofe) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to provide for payment of work-
study allowances during a public health emergency relating to COVID-19 
  and for allowances to veterans enrolled in educational institutions 
        closed for emergency situations, and for other purposes.

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

SECTION 1. PAYMENT BY DEPARTMENT OF VETERANS AFFAIRS OF WORK-STUDY 
              ALLOWANCES DURING PUBLIC HEALTH EMERGENCY RELATING TO 
              COVID-19.

    (a) In General.--In the case of an individual who is in receipt of 
work-study allowance pursuant to an agreement described in subsection 
(a)(3) of section 3485 of title 38, United States Code, as of the date 
on which a covered public health emergency occurs and who is unable to 
continue to perform qualifying work-study activities described in 
subsection (a)(4) of such section by reason of the covered public 
health emergency--
            (1) the Secretary may continue to pay work-study allowance 
        under such section or make deductions described in subsection 
        (e)(1) of such section during the period of the covered public 
        health emergency, notwithstanding the inability of the 
        individual to perform such work-study activities by reason of 
        the covered public health emergency; and
            (2) at the option of the individual, the Secretary shall 
        extend the agreement described in subsection (a)(3) of such 
        section with the individual for any subsequent period of 
        enrollment initiated during the covered public health 
        emergency, notwithstanding the inability of the individual to 
        perform work-study activities described in subsection (a)(4) by 
        reason of the covered public health emergency.
    (b) Amount Payable.--The amount of work-study allowance payable to 
an individual under subsection (a)(1) during the period of a covered 
public health emergency shall be an amount determined by the Secretary 
but may not exceed the amount that would be payable under subsection 
(a)(2) of such section if the individual worked 25 hours per week paid 
during such period.
    (c) Covered Public Health Emergency Defined.--In this section, the 
term ``covered public health emergency'' means an emergency with 
respect to COVID-19 declared by a Federal, State, or local authority.

SEC. 2. TEMPORARY AUTHORITY FOR PAYMENT BY DEPARTMENT OF VETERANS 
              AFFAIRS OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL 
              INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS.

    (a) In General.--During the period beginning on March 1, 2020, and 
ending on December 21, 2020, 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) 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. 3. TEMPORARY PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS 
              UNABLE TO PURSUE A PROGRAM OF EDUCATION DUE TO AN 
              EMERGENCY SITUATION.

    Section 3699(b)(1) of title 38, United States Code, is 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 occurring during the period 
                beginning on March 1, 2020, and ending on December 21, 
                2020; and''.

SEC. 4. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT.

    (a) Montgomery GI Bill.--Section 3031 of title 38, United States 
Code, is 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 
occurring during the period beginning on March 1, 2020, and ending on 
December 21, 2020, 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) Post-9/11 Educational Assistance.--
            (1) In general.--Section 3321(b)(1) of such title is 
        amended--
                    (A) by inserting ``(A)'' before ``Subsections'';
                    (B) by striking ``and (d)'' and inserting ``(d), 
                and (i)''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) Subsection (i) of section 3031 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) Transfer period.--Section 3319(h)(5) is amended--
                    (A) in subparagraph (A) by inserting ``or (C)'' 
                after ``subparagraph (B)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) 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 occurring during the 
                period beginning on March 1, 2020, and ending on 
                December 21, 2020, 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) Vocational Rehabilitation and Training.--
            (1) Period for use.--Section 3103 of such title is 
        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 12-year period of eligibility 
prescribed in subsection (a) by reason of an Executive order of the 
President or due to an emergency situation occurring during the period 
beginning on March 1, 2020, and ending on December 21, 2020, 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) Duration of program.--Section 3105(b) of such title is 
        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 occurring during the period beginning 
on March 1, 2020, and ending on December 21, 2020, the Secretary 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 occurring during the period 
beginning on March 1, 2020, and ending on December 21, 2020, 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) Educational Assistance for Members of the Selected Reserve.--
Section 16133(b) of title 10, United States Code, is 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 
occurring during the period beginning on March 1, 2020, and ending on 
December 21, 2020, 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. 5. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR 
              VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL.

    (a) Entitlement.--During the period beginning on March 1, 2020, and 
ending on December 21, 2020, section 3699 of title 38, United States 
Code, shall read as if it was amended by striking ``chapter 30,'' each 
time it appears and inserting ``chapter 30, 31,''.
    (b) Payment of Subsistence Allowances.--During the period beginning 
on March 1, 2020, section 3680(a)(2)(B) of title 38, United States 
Code, shall read as if it was 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. 6. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE 
              ALLOWANCES.

    In the case of any veteran who 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 period beginning on March 1, 2020, and ending on December 
21, 2020, 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. 7. 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) of H. Con. Res. 
71 (115th Congress), the concurrent resolution on the budget for fiscal 
year 2018.
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