[Congressional Record Volume 170, Number 73 (Monday, April 29, 2024)]
[House]
[Pages H2696-H2698]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STUDENT VETERAN BENEFIT RESTORATION ACT
Mr. BOST. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1767) to amend title 38, United States Code, to provide that
educational assistance paid under Department of Veterans Affairs
educational assistance programs to an individual who pursued a program
or course of education that was suspended or terminated for certain
reasons shall not be charged against the entitlement of the individual,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1767
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 ``Student Veteran Benefit
Restoration Act''.
SEC. 2. TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS OF
EDUCATIONAL INSTITUTIONS THAT VIOLATE CERTAIN
PROHIBITIONS ON ADVERTISING, SALES, AND
ENROLLMENT PRACTICES.
(a) Restoration of Entitlement.--Section 3696 of title 38,
United States Code, is amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Restoration of Entitlement.--Upon a final
determination by the Under Secretary for Benefits under
subsection (g), including the results of any appeal under
subsection (i), that an educational institution or the owner
of an educational institution violated subsection (a), (c),
or (d), the Secretary may determine that any payment of
educational assistance to an individual who used, or was
enticed to use, entitlement to educational assistance under
chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606
or 1607 of title 10, to pursue a course or program of
education at such educational institution during the time
period when the violation occurred, and who, by reason of
such violation, was unable to continue such course or program
at such educational institution or was deprived (in the
determination of the Secretary) of the expected value of such
used entitlement, is not--
``(1) charged against any entitlement to educational
assistance of the individual; or
``(2) counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.''.
(b) Repayment of Funds.--
(1) In general.--Subsection (h) of such section is
amended--
(A) in paragraph (4), by striking ``subsection (i)'' and
inserting ``subsection (j)''; and
(B) by adding at the end the following new paragraph:
``(5)(A) In addition to any other enforcement action taken
under this subsection, upon a final determination by the
Under Secretary for Benefits under subsection (g) that an
educational institution or the owner of an educational
institution violated subsection (a) or (c), the Secretary
shall require the educational institution to repay to the
Secretary all amounts of educational assistance under chapter
30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607
of title 10, paid to the educational institution by or on
behalf of an individual who pursued a course or program of
education at the educational institution during the time
period when the violation occurred.
``(B) As a condition of the approval of a course or program
of education under this chapter, the educational institution
offering the course or program shall agree that if Under
Secretary of Benefits makes a final determination under
subsection (g) that the educational institution or the owner
of the educational institution violated subsection (a) or
(c), the educational institution shall make the repayment
required under subparagraph (A).
``(C) The Under Secretary shall establish a process for
making a determination regarding the amount an educational
institution or an owner of an educational institution is
required to repay under subparagraph (A) in the case of a
violation of subsection (a) or (c). Such process shall
include--
``(i) clearly defined factors to be used to determine the
amount attributable to the violation, including the degree to
which individuals enrolled in a program of education offered
by the educational institution using entitlement to
educational assistance under chapter 30, 31, 32, 33, or 35 of
this title or chapter 1606 or 1607 of title 10 suffered a
loss due to the violation;
``(ii) a requirement that the Under Secretary provide
notice to the educational institution or the owner of the
educational institution that the Under Secretary is in the
process of making such a determination with respect to the
educational institution or owner; and
``(iii) a procedure under which the educational institution
or owner may provide such information to the Under Secretary
as the educational institution or owner determines
appropriate within a specified period of time outlined by the
Secretary for purposes of informing such determination.
``(D) A determination made pursuant to subparagraph (C)
shall be--
``(i) made by the Under Secretary and may not be delegated;
and
``(ii) subject to review under section 7104(a) of this
title.''.
(2) Disapproval.--Section 3679 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Notwithstanding any other provision of this chapter,
in the case of an educational institution that the Secretary
determines is required to repay to the Secretary an amount
under section 3696(h)(5) of this title and does not repay
such amount, the Secretary shall disapprove a course or
program of education offered by the educational institution
until the educational institution repays to the Secretary
such amount.''.
(3) Reinstatement.--Paragraph (2) of subsection (k) of
section 3696, as redesignated by subsection (a)(1), is
amended--
(A) in subparagraph (E)--
(i) by striking ``that''; and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) the educational institution repays any amount
required to be repaid under subsection (h)(5); and''.
SEC. 3. MODIFICATION OF CERTAIN HOUSING LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38,
United States Code, is amended by striking ``November 15,
2031'' each place it appears and inserting ``November 29,
2031''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Bost) and the gentleman from California (Mr. Takano) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. BOST. Madam Speaker, I ask unanimous consent that all Members
[[Page H2697]]
may have 5 legislative days in which to revise and extend their remarks
on H.R. 1767, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 1767, as amended,
introduced by my friend and colleague Representative Ramirez from my
home State of Illinois.
The bill on the floor today is the result of good, bipartisan work to
improve the lives of veterans. I am pleased that Representative Ramirez
was willing to work with me and make the changes that I believe were
necessary to get this bill moving forward.
H.R. 1767, as amended, would restore the GI Bill benefits to student
veterans who were harmed by misrepresentation or fraud of an
educational institution.
The GI Bill is one of the very best benefits a veteran earns for
their service. No veteran should be unable to use their benefits to
receive an education because a fraudulent school stole their GI Bill.
However, adequate due process to ensure a fair system for both veterans
and schools is necessary.
This Congress, we have seen the Biden White House weaponize the
Department of Education and use student loans for political gain. Their
decision to act without listening to Congress or the courts will cost
American taxpayers billions of dollars. We cannot let the VA become
another Department of Education, despite there being some people who
would like to see that happen.
For this reason, H.R. 1767, as amended, would provide schools with a
route for due process and appeal. Let me be clear: A school found
guilty of fraud would still have to repay the entitlement, even with
the additional due process provisions we have included in the bill.
This proposed solution would rely on VA to make decisions about
schools participating in the GI Bill program rather than leaving the
decisionmaking process to an entirely different agency.
I thank the broader veteran community for their support of this bill,
as amended. I also thank my colleague Representative Ramirez and the
minority staff for helping us to get this bill into a good place.
Madam Speaker, I urge all my colleagues to support H.R. 1767, as
amended, and I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise to express my support for H.R. 1767, as
amended, a bill that will help some veterans have their earned GI Bill
benefits restored in cases of fraud.
The language before us is a narrower fix than our committee
considered last summer, so while I will be supporting this bill, I want
to send a message to some student veterans who, unfortunately, won't be
helped by this legislation today. We hear them. We will not stop
working on a comprehensive fix for all student veterans impacted by
fraudulent actors in higher education.
I thank Representative Ramirez for her tireless efforts on behalf of
student veterans. From her first days in Congress, she has put student
veterans first, and it is only right that she can lead the House in
restoring benefits for our student veterans.
I thank Chairman Bost for working with us on this language to get it
to a place where he can support it. I look forward to working with him
and his staff on improving this bill in the Senate to ensure that no
student veterans are left out.
{time} 2015
It is, frankly, quite disappointing and shocking that student
veterans lack the same access to relief that student loan borrowers
have generally. At a minimum, our veterans deserve the same protections
that traditional student loan borrowers can receive, especially when an
educational institution closes, is suspended, or has terminated a
program due to a determination of fraud.
This bill does not get us all the way there, but I refuse to let
perfect be the enemy of the good. This bill will help student veterans.
Madam Speaker, for that reason, I urge support, and I reserve the
balance of my time.
Mr. BOST. Madam Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 5 minutes to the gentlewoman from
Illinois (Mrs. Ramirez), who is my very good friend and a coauthor of
this important piece of legislation. She also serves on the Disability
Assistance and Memorial Affairs Subcommittee and the Economic
Opportunity Subcommittee of the House Veterans' Affairs Committee.
Mrs. RAMIREZ. Madam Speaker, I rise today to urge the passage of H.R.
1767, the Student Veteran Benefit Restoration Act.
When I came to Congress about 16 months ago, I made a commitment to
deliver legislative victories and every possible resource that would
positively impact Illinois-03. During my first term, through our work
on the Veterans' Affairs Committee, I have made it a priority to
advocate for equity for our veterans and to ensure they have access to
every single benefit and resource they have rightfully earned. That
work includes protecting them from bad actors seeking to exploit them
for the benefits they deserve.
It is why I am so proud that this bill, H.R. 1767, the Student
Veteran Benefit Restoration Act, passed through committee with
bipartisan support and has come to the floor today.
I thank Congressman Mike Levin for being an original cosponsor with
me. Also, I thank Veterans' Affairs Committee Chairman Bost, Ranking
Member Takano, and the fantastic committee staff because we don't
acknowledge the work that they do enough. I thank them for all of their
support and leadership in moving this bill through committee.
I also thank Veterans Education Success and Student Veterans of
America for leading the effort to protect our student veterans from bad
actors seeking to exploit their benefits.
I thank the National Educational Association and the Hispanic
Association of Colleges and Universities, HACU, for their support of my
bill and the work they do on behalf of student veterans and all
students.
I also want to take the time to express my gratitude to my staff and
the rest of the committee staff for the countless hours that they have
spent, majority and minority, working on this bill. I thank them for
their efforts. I am grateful for Justin Vogt, who has been and
continues to be instrumental to this work.
Access to quality education is one of the promises we have made to
our veterans, and we have to deliver.
The educational benefits provided by the GI Bill have been
instrumental in helping veterans gain economic security and access to
postsecondary education. Moreover, these benefits have helped ensure
that student veterans are fully supported to transition back into
civilian life.
This bill starts the long-overdue process of restoring the GI Bill
benefits of student veterans who were defrauded by for-profit colleges
and universities. This bill will help veterans like Army veteran
Christopher Brown from Des Plaines, Illinois, who was promised a
quality education that would be covered by his benefits, but ITT Tech
instead used all of his benefits and left him with $95,000 of debt.
Because of this bill, thousands of veterans across the country will
now have a pathway to be able to seek restoration.
I thank our ranking member, again, for his endless commitment, and I
thank our chairman, as well.
I believe that today is the beginning of the journey of making sure
that every single veteran in this country is able to go to school and
is able to have an opportunity to seek the education that they deserve.
Madam Speaker, yes, my bill was negotiated and amended, and I look
forward to working together to ensure full parity for veteran students
as we continue to do this work in the coming months and in the coming
Congress and certainly making sure that this bill passes the Senate.
We have come a long way in the fight to protect our student veterans
and passing H.R. 1767.
Madam Speaker, I urge my colleagues to support its swift passage
[[Page H2698]]
today, and I look forward to it becoming law.
Mr. TAKANO. Madam Speaker, in closing, I ask all of my colleagues to
join me in passing H.R. 1767, as amended, the Student Veteran Benefit
Restoration Act, and I yield back the balance of my time.
Mr. BOST. Madam Speaker, once again, I encourage all of our Members
to support this bill, as well as the other bills we have moved here
tonight.
Madam Speaker, I thank the ranking member and staff on both sides of
the aisle for the work they have done, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Bost) that the House suspend the rules and
pass the bill, H.R. 1767, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BOST. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________