[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4458 Enrolled Bill (ENR)]
S.4458
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To amend title 38, United States Code, to improve the process by which
the Secretary of Veterans Affairs determines whether an educational
institution meets requirements relating to the percentage of students
who receive educational assistance furnished by the Secretary, 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.
This Act may be cited as the ``Ensuring the Best Schools for
Veterans Act of 2022''.
SEC. 2. DETERMINATIONS RELATING TO PERCENTAGE OF STUDENTS OF
EDUCATIONAL INSTITUTION WHO RECEIVE EDUCATIONAL ASSISTANCE BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subsection (d) of section 3680A of title 38,
United States Code, is amended to read as follows:
``(d)(1) The Secretary shall not approve the enrollment of any
eligible veteran, not already enrolled, in any course for any period
during which the Secretary finds that more than 85 percent of the
students enrolled in the course are having all or part of their
tuition, fees, or other charges paid to or for them by the educational
institution or by the Department of Veterans Affairs under this title
or under chapter 1606 of title 10, except with respect to tuition,
fees, or other charges that are paid under a payment plan at an
educational institution that the Secretary determines has a history of
offering payment plans that are completed not later than 180 days after
the end of the applicable term, quarter, or semester.
``(2) The Secretary may waive the requirements of paragraph (1), in
whole or in part, if the Secretary determines, pursuant to regulations
which the Secretary shall prescribe, it to be in the interest of the
eligible veteran and the Federal Government.
``(3)(A) The Secretary shall establish a process by which an
educational institution may request a review of a determination that
the educational institution does not meet the requirements of paragraph
(1).
``(B) An educational institution that requests a review under
subparagraph (A)--
``(i) shall request the review not later than 30 days after the
start of the term, quarter, or semester for which the determination
described in subparagraph (A) applies; and
``(ii) may include any information that the educational
institution believes the Department should have taken into account
when making the determination, including with respect to any
mitigating circumstances.
``(C) The Under Secretary of Benefits shall issue an initial
decision for each review requested under subparagraph (A) by not later
than 30 days after the date of the request, to the extent feasible.
``(D) An educational institution may request the Secretary to
review the decision by the Under Secretary under subparagraph (C). The
Secretary shall review each decision so requested and, pursuant to such
review, shall issue a final decision sustaining, modifying, or
overturning the decision by the Under Secretary.
``(E) The Secretary shall carry out this paragraph without regard
to any review process carried out by the Secretary under chapter 51 of
this title.
``(4) Paragraph (1) shall not apply to any course offered by an
educational institution if--
``(A) the majority of courses offered by the educational
institution are approved under section 3672 or 3675 of this title;
and
``(B) the total number of veterans and persons receiving
assistance under this title or under chapter 1606 of title 10 who
are enrolled in such institution equals 35 percent or less of the
total student enrollment at such institution (computed separately
for the main campus and any branch or extension of such
institution).
``(5)(A) Paragraph (1) shall not apply to any course offered by an
educational institution if--
``(i) the majority of courses offered by the educational
institution are approved under section 3676 of this title; and
``(ii) the total number of veterans and persons receiving
assistance under this title or under chapter 1606 of title 10 who
are enrolled in such institution equals 35 percent or less of the
total student enrollment at such institution (computed separately
for the main campus and any branch or extension of such
institution).
``(B) Notwithstanding subparagraph (A), on a case by case basis,
the Secretary may apply paragraph (1) with respect to any course
otherwise covered by such subparagraph if the Secretary has reason to
believe that the enrollment of veterans and persons described in clause
(ii) of such subparagraph may be in excess of 85 percent of the total
student enrollment in such course.
``(6) The Secretary shall ensure that an educational institution
that meets the requirements of paragraph (4) or (5) submits information
to the Secretary on a biennial basis to verify meeting such
requirements. During such biennial period in which an educational
institution is covered by such verification, the Secretary may not
require the educational institution to submit information with respect
to meeting the requirements of paragraph (1).
``(7) Paragraph (1) shall not apply with respect to the enrollment
of a veteran--
``(A) in a program of education for which fewer than 10
students are having all or part of their tuition, fees, or other
charges paid to or for them by the educational institution or by
the Department of Veterans Affairs under this title or under
chapter 1606 of title 10;
``(B) in a course offered pursuant to section 3019, 3034(a)(3),
3234, or 3241(a)(2) of this title;
``(C) in a farm cooperative training course; or
``(D) in a course described in subsection (g).''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to a quarter, semester, or term, as applicable, commencing
on or after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.