Public Law 116–128: To authorize the Secretary of Veterans Affairs to treat certain programs of education converted to distance learning by reason of emergencies and health-related situations in the same manner as programs of education pursued at educational institutions, and for other purposes.

public-law-116-128Public Law 116-128Statute

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PUBLIC LAW 116–128—MAR. 21, 2020
134 STAT. 221
Public Law
116–128
116th Congress
An Act
To authorize the Secretary of Veterans Affairs to treat certain programs of education converted to distance learning by reason of emergencies and health-related situations in the same manner as programs of education pursued at educational institutions, and for other purposes.

Mar. 21, 2020

[S. 3503]

  Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,
SECTION 1.

38 USC 3001 note prec.

CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED SITUATIONS.

(a)

In General.—

Determination.

In the case of a program of education approved by a State approving agency, or the Secretary of Veterans Affairs when acting in the role of a State approving agency, that is converted from being offered on-site at an educational institution 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 title 38, United States Code; or
(2)
payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapters 1606 and 1607 of title 10, United States Code.
(b)

Applicability Period.—

Subsection (a) shall apply during the period beginning on March 1, 2020, and ending on December 21, 2020.
(c)

Definitions.—

In this section:
(1)

Educational institution.—

The term “
educational institution
” has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section).
(2)

Program of education.—

The term “
program of education
” has the meaning given that term in section 3002 of title 38, United States Code.
(3)

State approving agency.—

The term “
State approving agency
” has the meaning given that term in section 3671 of title 38, United States Code.134 STAT. 222
SEC. 2.

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.
Approved March 21, 2020.

LEGISLATIVE HISTORY—S. 3503:

CONGRESSIONAL RECORD, Vol. 166 (2020):

Mar. 16, considered and passed Senate.

Mar. 19, considered and passed House.

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