Text: H.R.6322 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-140 (04/28/2020)

 
[116th Congress Public Law 140]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 631]]

Public Law 116-140
116th Congress

                                 An Act


 
  To make certain improvements in the 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. <<NOTE: Apr. 28, 2020 -  [H.R. 
                                6322]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Student Veteran 
Coronavirus Response Act of 2020. 38 USC 101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Veteran Coronavirus Response 
Act of 2020''.
SEC. 2. <<NOTE: 38 USC 3031 note.>>  COVERED PERIOD DEFINED.

    For purposes of this Act, the term ``covered period'' means the 
period beginning on March 1, 2020, and ending on December 21, 2020.
SEC. 3. <<NOTE: 38 USC 3485 note.>>  PAYMENT OF WORK-STUDY 
                    ALLOWANCES DURING EMERGENCY SITUATIONS.

    During <<NOTE: Applicability.>>  the covered period, the Secretary 
of Veterans Affairs shall apply section 3485 of title 38, United States 
Code, as if it were 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) <<NOTE: Determination.>>  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.''.

[[Page 134 STAT. 632]]

SEC. 4. <<NOTE: 38 USC 3680 note.>>  PAYMENT OF ALLOWANCES TO 
                    VETERANS ENROLLED IN EDUCATIONAL INSTITUTIONS 
                    CLOSED FOR EMERGENCY SITUATIONS.

    (a) In General.--During the covered period, 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) <<NOTE: Time period.>>  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. 5. <<NOTE: 38 USC 3699 note.>>  PROHIBITION OF CHARGE TO 
                    ENTITLEMENT OF STUDENTS UNABLE TO PURSUE A 
                    PROGRAM OF EDUCATION DUE TO AN EMERGENCY 
                    SITUATION.

    During <<NOTE: Applicability.>>  the covered period, the Secretary 
of Veterans Affairs shall apply section 3699(b)(1) of title 38, United 
States Code, as if it were 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; and''.
SEC. 6. <<NOTE: Applicability.>>  EXTENSION OF TIME LIMITATIONS 
                    FOR USE OF ENTITLEMENT.

    (a) <<NOTE: 38 USC 3031 note.>>  Montgomery GI Bill.--During the 
covered period, the Secretary of Veterans Affairs shall apply section 
3031 of title 38, United States Code, as if it were 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, 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) <<NOTE: 38 USC 3321 note.>>  Post-9/11 Educational Assistance.--
            (1) In general.--During the covered period, the Secretary of 
        Veterans Affairs shall apply section 3321(b)(1) of such title as 
        if it were amended--
                    (A) by inserting ``(A)'' before ``Subsections'';

[[Page 134 STAT. 633]]

                    (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 (as described in 
        section 6 of the Student Veteran Coronavirus Response Act of 
        2020) 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) <<NOTE: 38 USC 3319 note.>>  Transfer period.--During 
        the covered period, the Secretary of Veterans Affairs shall 
        apply section 3319(h)(5) of such title as if it were amended--
                    (A) in subparagraph (A) by inserting ``or (C)'' 
                after ``subparagraph (B)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) <<NOTE: Determinations.>>  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, 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) <<NOTE: Determinations.>>  Vocational Rehabilitation and 
Training.--
            (1) <<NOTE: 38 USC 3103 note.>>  Period for use.--During the 
        covered period, the Secretary of Veterans affairs shall apply 
        section 3103 of such title as if it were 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 twelve-year period of eligibility 
prescribed in subsection (a) by reason of an Executive order of the 
President or 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) <<NOTE: 38 USC 3105 note.>>  Duration of program.--
        During the covered period, the Secretary of Veterans Affairs 
        shall apply section 3105(b) of such title as if it were 
        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, the Secretary

[[Page 134 STAT. 634]]

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, 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) <<NOTE: 38 USC 16133 note.>>  Educational Assistance for Members 
of the Selected Reserve.--During the covered period, the Secretary 
concerned shall apply section 16133(b) of title 10, United States Code, 
as if it were 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, 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. 7. <<NOTE: Applicability.>>  RESTORATION OF ENTITLEMENT TO 
                    REHABILITATION PROGRAMS FOR VETERANS AFFECTED 
                    BY SCHOOL CLOSURE OR DISAPPROVAL.

    (a) <<NOTE: 38 USC 3699 note.>>  Entitlement.--During the covered 
period, the Secretary of Veterans Affairs shall apply section 3699 of 
title 38, United States Code, as if it were amended by striking 
``chapter 30,'' each time it appears and inserting ``chapter 30, 31,''.

    (b) <<NOTE: 38 USC 3680 note.>>  Payment of Subsistence 
Allowances.--During the covered period, the Secretary of Veterans 
Affairs shall apply section 3680(a)(2)(B) of title 38, United States 
Code, as if it were 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. 8. <<NOTE: 38 USC 3108 note.>>  EXTENSION OF PAYMENT OF 
                    VOCATIONAL REHABILITATION SUBSISTENCE 
                    ALLOWANCES.

    In <<NOTE: Determination. Time period.>>  the case of any veteran 
whom 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 covered period, 
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. 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)

[[Page 134 STAT. 635]]

of H. Con. Res. 71 (115th Congress), the concurrent resolution on the 
budget for fiscal year 2018.

    Approved April 28, 2020.

LEGISLATIVE HISTORY--H.R. 6322:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Mar. 31, considered and passed House.
            Apr. 21, considered and passed Senate.

                                  <all>

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