[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.

                          ____________________