[Congressional Record Volume 168, Number 135 (Friday, August 12, 2022)]
[House]
[Pages H7704-H7705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           ENSURING THE BEST SCHOOLS FOR VETERANS ACT OF 2022

  Mr. TAKANO. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (S. 4458) 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, and ask 
for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The text of the bill is as follows:

                                S. 4458

       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

[[Page H7705]]

     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.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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