Effects of closure of educational institution and modification of courses by reason of emergency situation

38 U.S.C. § 3604

• Title: 38 — Veterans' Benefits
• Chapter: SUBCHAPTER I—EMERGENCY SITUATIONS

Text

(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 five 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.

History

(Added Pub. L. 117–333, §2(a)(2), Jan. 5, 2023, 136 Stat. 6123.)