[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7939 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7939
To make permanent certain 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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2022
Mr. Levin of California (for himself and Ms. Mace) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs, and in addition to the Committees on Armed Services, andthe
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 make permanent certain 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Student Veteran
Emergency Relief Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Educational assistance benefits during emergency situations.
Sec. 3. Extension of time limitations for use of entitlement.
Sec. 4. Extension of payment of vocational rehabilitation subsistence
allowances.
Sec. 5. Payment of work-study allowances during emergency situations.
Sec. 6. Payment of allowances to veterans enrolled in educational
institutions closed for emergency
situations.
Sec. 7. Apprenticeship or on-job training requirements.
Sec. 8. Prohibition of charge to entitlement of students unable to
pursue a program of education due to an
emergency situation.
Sec. 9. Emergency designations.
SEC. 2. EDUCATIONAL ASSISTANCE BENEFITS DURING EMERGENCY SITUATIONS.
(a) In General.--Chapter 36 of title 38, United States Code, is
amended--
(1) by redesignating subchapters I and II as subchapters II
and III, respectively; and
(2) by inserting before subchapter II, as so redesignated,
the following new subchapter:
``SUBCHAPTER I--EMERGENCY SITUATIONS
``Sec. 3601. Definition of emergency situation
``In this chapter, the term `emergency situation' means a situation
that--
``(1) the President declares is an emergency; and
``(2) the Secretary determines is an emergency for purposes
of the laws administered by the Secretary.
``Sec. 3602. Continuation of educational assistance benefits during
emergency situations
``(a) Authority.--If the Secretary determines under subsection (c)
that an individual is negatively affected by an emergency situation,
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 other authorities of the Secretary to provide benefits in
emergency situations, but in no case may the Secretary provide more
than a total of four weeks of additional educational assistance by
reason of any other such authority and this section.
``(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 of this title, during a month the individual would
have been enrolled in a program of education or training but
for the emergency situation at the same rate such stipend would
have been payable if the individual had not been negatively
affected by the emergency situation, except that the total
number of weeks for which stipends may continue to be so
payable may not exceed four weeks; and
``(2) continue to pay payments or subsistence allowances
under chapters 30, 31, 32, 33, and 35 of this title and chapter
1606 of title 10 during a month for a period of time that the
individual would have been enrolled in a program of education
or training but for the emergency situation, except that the
total number of weeks for which payments or allowances may
continue to be so payable may not exceed four weeks.
``(c) Determination of Negative Effects.--The Secretary shall
determine that an individual was negatively affected by an emergency
situation 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 emergency situation; 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
emergency situation.
``(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 this title and chapter 1606 of title 10.
``Sec. 3603. Continuation of educational assistance benefits for
certain programs of education converted to distance
learning by reason of emergency situations
``In the case of a program of education approved by a State
approving agency, or the Secretary when acting in the role of a State
approving agency, that is converted from being offered on-site at an
educational institution or training establishment to being offered by
distance learning by reason of an emergency or health-related
situation, as determined by the Secretary, the Secretary may continue
to provide educational assistance under the laws administered by the
Secretary without regard to such conversion, including with respect to
paying any--
``(1) monthly housing stipends under chapter 33 of this
title; or
``(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of this title and chapters 1606 and 1607 of
title 10.
``Sec. 3604. Effects of closure of educational institution and
modification of courses by reason of emergency situation
``(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 this title 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 this title or chapter 1606 of title 10, if the
Secretary determines that the individual--
``(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 an emergency
situation; or
``(B) the disapproval of the course or a course
that is a necessary part of that program under this
chapter because the course was modified by reason of
such emergency; and
``(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 of
this title for any month the individual would have been
enrolled in a course or program of education; and
``(2) payments or subsistence allowances under chapters 30,
31, 32, and 35 of this title and chapter 1606 of title 10
during a month the individual would have been enrolled in a
course or program of education.
``(d) Period Not Charged.--The period for which, by reason of this
section, educational assistance is not charged against entitlement or
counted toward the applicable aggregate period under section 3695 of
this title 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 this title.
``(e) Continuing Pursuit of Disapproved Courses.--(1) The Secretary
may treat a course of education that is disapproved under this chapter
as being approved under this chapter with respect to an individual
described in paragraph (2) if the Secretary determines, on a
programmatic basis, that--
``(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) 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 this title or chapter 1606 of
title 10, as of the date on which the course is disapproved as
described in subsection (b)(1)(B).
``(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
an emergency situation was enrolled on a full-time basis in a program
of education and was receiving educational assistance under chapter 33
of this title or subsistence allowance under chapter 31 of this title,
and for whom the Secretary makes a determination under subsection (b),
the individual shall be treated as an individual enrolled in a program
of education on a full-time basis for the purpose of calculating
monthly housing stipends payable under chapter 33 of this title, or
subsistence allowance payable under chapter 31 of this title, for any
month the individual is enrolled in the program of education on a part-
time basis to complete any course of education that was partially or
fully canceled by reason of the emergency situation.
``(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 an emergency
situation, 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 this title, or chapter 1606 of title 10 notice
of--
``(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.
``Sec. 3605. Payment of educational assistance in cases of withdrawal
``(a) In General.--In the case of any individual who withdraws from
a program of education or training, other than a program by
correspondence, in an educational institution under chapter 31, 34, or
35 of this title for a covered reason during the period of an emergency
situation, the Secretary shall find mitigating circumstances for
purposes of section 3680(a)(1)(C)(ii) of this title.
``(b) Covered Reason.--In this section, the term `covered reason'
means any reason related to an emergency situation, including--
``(1) illness, quarantine, or social distancing
requirements;
``(2) issues associated with accessibility;
``(3) access or availability of childcare;
``(4) providing care for a family member or cohabitants;
``(5) change of location or residence due to the emergency
situation or associated school closures;
``(6) employment changes or financial hardship; and
``(7) issues associated with changes in format or medium of
instruction.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended--
(1) by striking the item relating to subchapter II and
inserting the following new item:
``subchapter iii-miscellaneous provisions'';
(2) by striking the item relating to subchapter I and
inserting the following new item:
``subchapter ii-state approving agencies'';
and
(3) by inserting before the item relating to subchapter II
the following new items:
``subchapter i-emergency situations
``3601. Definition of emergency situation.
``3602. Continuation of educational assistance benefits during
emergency situations.
``3603. Continuation of educational assistance benefits for certain
programs of education converted to distance
learning by reason of emergency situations.
``3604. Effects of closure of educational institution and modification
of courses by reason of emergency
situation.
``3605. Payment of educational assistance in cases of withdrawal.''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Sections 1102, 1103, and 1104 of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315).
(2) Public Law 116-128.
SEC. 3. 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 or
training establishment 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) Post-9/11 Educational Assistance.--
(1) In general.--Section 3321(b)(1) of such title is
amended--
(A) by inserting ``(A)'' before ``Subsections'';
and
(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 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) of such title 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 or
training establishment 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) 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:
``(h) 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) 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) 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 due to an emergency situation, 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 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) 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 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.''.
(e) Emergency Situation Defined.--
(1) Post-9/11 educational assistance program.--Section 3301
of title 38, United States Code, is amended by adding at the
end the following new paragraph:
``(5) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(2) MGIB.--Section 3002 of such title is amended by adding
at the end the following new paragraph:
``(9) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(3) Vocational rehabilitation and training.--Section 3101
of such title is amended by adding at the end the following new
paragraph:
``(10) The term `emergency situation' has the meaning given
such term in section 3601 of this title.''.
(4) Educational assistance for members of the selected
reserve.--Section 16133 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) The term `emergency situation' has the meaning given such
term in section 3601 of title 38.''.
(f) Conforming Repeal.--Section 6 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.
SEC. 4. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE
ALLOWANCES.
(a) In General.--Section 3104 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(f) In the case of any veteran whom the Secretary of Veterans
Affairs determines is satisfactorily following a program of employment
services provided under subsection (a)(5) during the period of an
emergency situation, the Secretary may pay the veteran a subsistence
allowance, as prescribed in section 3108 of this title for full-time
training for the type of program that the veteran was pursuing, for two
additional months, if the Secretary determines that the veteran is
negatively affected by the emergency situation.''.
(b) Conforming Repeal.--Section 8 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.
SEC. 5. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY SITUATIONS.
(a) In General.--Section 3485 of title 38, United States Code, is
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) 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.
``(3) The term `emergency situation' has the meaning given that
term in section 3601 of this title.''.
(b) Conforming Repeal.--Section 3 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.
SEC. 6. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL
INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS.
(a) In General.--Section 3680 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(h) Payments During Emergency Situations.--(1) The Secretary may
pay allowances to an eligible veteran or eligible person under
subsection (a)(2)(A), if the veteran or person is enrolled in a program
or course of education that--
``(A) is provided by an educational institution or training
establishment that is closed by reason of an emergency
situation; or
``(B) is suspended by reason of an emergency situation.
``(2) The total number of weeks for which allowances may be paid by
reason of this subsection may not exceed four weeks.
``(3) Any amount paid under this subsection shall not be counted
for purposes of the limitation on allowances under subsection
(a)(2)(A).''.
(b) Conforming Repeal.--Section 4 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.
SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.
(a) In General.--Section 3687(e) of title 38, United States Code,
is amended by striking paragraph (2) and inserting the following new
paragraph (2):
``(2)(A) Subject to subparagraphs (B) and (C), for any month in
which an individual fails to complete 120 hours of training, the
entitlement otherwise chargeable under paragraph (1) shall be reduced
in the same proportion as the monthly training assistance allowance
payable is reduced under subsection (b)(3).
``(B) In the case of an individual who is unemployed by reason of
an emergency situation during any month, the 120-hour requirement under
subparagraph (A) for that month shall be reduced proportionately to
reflect the individual's period of unemployment, except that the amount
of monthly training assistance otherwise payable to the individual
under subsection (b)(3) shall not be reduced.
``(C) Any period during which an individual is unemployed by reason
of an emergency situation shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(D) Any amount by which the entitlement of an individual is
reduced under subparagraph (A) shall not--
``(i) be charged against any entitlement to educational
assistance of the individual; or
``(ii) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(E) In the case of an individual who fails to complete 120 hours
of training during a month, but who completed more than 120 hours of
training during the preceding month, the individual may apply the
number of hours in excess of 120 that the individual completed for that
month to the month for which the individual failed to complete 120
hours. If the addition of such excess hours results in a total of 120
hours or more, the individual shall be treated as an individual who has
completed 120 hours of training for that month. Any excess hours
applied to a different month under this subparagraph may only be
applied to one such month.
``(F) This paragraph applies to amounts described in section
3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section
16131(d)(2) of title 10.
``(G) In this paragraph:
``(i) The term `unemployed' includes being furloughed or
being scheduled to work zero hours.
``(ii) The term `fails to complete 120 hours of training'
means, with respect to an individual, that during any month,
the individual completes at least one hour, but fewer than 120
hours, of training, including in a case in which the individual
is unemployed for part of, but not the whole, month.''.
(b) Conforming Repeal.--Section 1106 of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of
2020 (Public Law 116-315) is repealed.
SEC. 8. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO
PURSUE A PROGRAM OF EDUCATION DUE TO AN EMERGENCY
SITUATION.
(a) Permanent Applicability.--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 training establishment or the temporary
closure or termination of a course or program of
education by reason of an emergency situation; and''.
(b) Conforming Repeal.--Section 5 of the Student Veteran
Coronavirus Response Act of 2020 (Public Law 116-140) is repealed.
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) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for fiscal
year 2018.
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