[House Report 118-449]
[From the U.S. Government Publishing Office]


118th Congress     }                                     {    Report
                         HOUSE OF REPRESENTATIVES
  2nd Session      }                                     {    118-449

======================================================================



 
            VETERANS EDUCATION TRANSPARENCY AND TRAINING ACT

                                _______
                                

 April 9, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Bost, from the Committee on Veterans' Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5914]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 5914) to amend title 38, United States Code, to 
improve the processes to approve programs of education for 
purposes of the educational assistance programs of the 
Department of Veterans Affairs, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     5
Subcommittee Consideration.......................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
Statement of General Performance Goals and Objectives............     6
Earmarks and Tax and Tariff Benefits.............................     6
Committee Cost Estimate..........................................     6
Budget Authority and Congressional Budget Office Estimate........     7
Federal Mandates Statement.......................................     8
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Statement on Duplication of Federal Programs.....................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     9

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Veterans Education Transparency and 
Training Act'' or the ``VETT Act''.

SEC. 2. PROCESSES TO APPROVE PROGRAMS OF EDUCATION FOR PURPOSES OF THE 
                    EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT 
                    OF VETERANS AFFAIRS.

  (a) Limitation of Disapproval of Programs of Education for Failure To 
Provide Certain Forms.--Section 3679(f)(5) of title 38, United States 
Code, is amended--
          (1) in subparagraph (A), by striking ``this paragraph'' and 
        inserting ``this subparagraph'';
          (2) in subparagraph (B), by striking ``this paragraph'' and 
        inserting ``subparagraph (A)''; and
          (3) by adding at the end the following new subparagraph:
  ``(C) If an educational institution cannot provide to an individual a 
form under paragraph (1) that contains all of the information required 
under subparagraph (A) of such paragraph, the educational institution 
shall provide to such individual, with the form under such paragraph, a 
notice--
          ``(i) that specifies what such information may be inaccurate 
        or incomplete; and
          ``(ii) that includes, in place of the information that may be 
        inaccurate or incomplete, the best estimate available on the 
        date of such notice.''.
  (b) Publication of Information About Training for School Certifying 
Officials.--The Secretary of Veterans Affairs shall establish a website 
to serve as a central location for the publication of information about 
the training that the Department of Veterans Affairs provides for 
school certifying officials and shall update such information on a 
regular basis.

SEC. 3. MODIFICATION OF RULES FOR APPROVAL OF COMMERCIAL DRIVER 
                    EDUCATION PROGRAMS FOR PURPOSES OF EDUCATIONAL 
                    ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS 
                    AFFAIRS.

  (a) In General.--Section 3680A(e) of title 38, United States Code, is 
amended--
          (1) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) though (C), respectively;
          (2) in the matter before subparagraph (A), as redesignated by 
        paragraph (1), by inserting ``(1)'' before ``The Secretary'';
          (3) in paragraph (1)(B), as redesignated by paragraph (1), by 
        inserting ``except as provided in paragraph (2),'' before ``the 
        course''; and
          (4) by adding at the end the following new paragraph (2):
  ``(2)(A) Subject to this paragraph, a commercial driver education 
program is exempt from paragraph (1)(B) for a branch of an educational 
institution if the commercial driver education program offered at the 
branch by the educational institution--
          ``(i) is appropriately licensed; and
          ``(ii)(I) the branch is located in a State in which the same 
        commercial driver education program is offered by the same 
        educational institution at another branch of that educational 
        institution in the same State that is approved for purposes of 
        this chapter by a State approving agency or the Secretary when 
        acting in the role of a State approving agency; or
          ``(II)(aa) the branch is located in a State in which the same 
        commercial driver education program is not offered at another 
        branch of the same educational institution in the same State; 
        and
          ``(bb) the branch has been operating for a period of at least 
        one year using the same curriculum as a commercial driver 
        education program offered by the educational institution at 
        another location that is approved for purposes of this chapter 
        by a State approving agency or the Secretary when acting in the 
        role of a State approving agency.
  ``(B)(i) In order for a commercial driver education program of an 
educational institution offered at a branch described in paragraph 
(1)(B) to be exempt under subparagraph (A) of this paragraph, the 
educational institution shall submit to the Secretary each year that 
paragraph (1)(B) would otherwise apply a report that demonstrates that 
the curriculum at the new branch is the same as the curriculum at the 
primary location.
  ``(ii) Reporting under clause (i) shall be submitted in accordance 
with such requirements as the Secretary shall establish in consultation 
with the State approving agencies.
  ``(C)(i) The Secretary may withhold an exemption under subparagraph 
(A) for any educational institution or branch of an educational 
institution as the Secretary considers appropriate.
  ``(ii) In making any determination under clause (i), the Secretary 
may consult with the Secretary of Transportation on the performance of 
a provider of a commercial driver program, including the status of the 
provider within the Training Provider Registry of the Federal Motor 
Carrier Safety Administration when appropriate.
  ``(D) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives a notification not 
later than 30 days after the Secretary grants an exemption under this 
paragraph. Such notification shall identify the educational institution 
and branch of such educational institution granted such exemption.''.
  (b) Implementation.--
          (1) Establishment of requirements.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Veterans Affairs shall establish requirements under section 
        3680A(e)(2)(B)(ii) of such title, as added by subsection (a).
          (2) Rulemaking.--In promulgating any rules to carry out 
        paragraph (2) of section 3680A(e) of title 38, United States 
        Code, as added by subsection (a), the Secretary of Veterans 
        Affairs shall consult with State approving agencies.
          (3) Applicability.--The amendments made by subsection (a) 
        shall apply to commercial driver education programs on and 
        after the day that is 180 days after the date on which the 
        Secretary establishes the requirements under paragraph (1) of 
        this subsection.

                          Purpose and Summary

    H.R. 5914, the ``Veterans Education Training and 
Transparency Act,'' was introduced by Rep. Derrick Van Orden of 
Wisconsin on October 10, 2023. The bill, as amended, would 
require schools to provide the best estimate available on the 
cost of attending a school to an education benefit recipient, 
but would also notify the recipient that the information may be 
inaccurate or incomplete. This bill would also require the 
Department of Veterans Affairs (VA) to establish an online hub 
with all the updates and training from VA that would 
continuously update for School Certifying Officials (SCO) to 
access.
    This legislation, as amended, also includes the text of 
H.R. 2830, the ``Veteran Improvement Commercial Driver License 
Act of 2023'' which was introduced by Rep. Chuck Edwards of 
North Carolina on April 25, 2023. This bill would revise the 
rules for VA approval of commercial driver education programs 
and expand reporting requirements for Commercial Driving 
License (CDL) programs.

                  Background and Need for Legislation


Section 1: Short Title

    This Act may be cited as the ``Veterans Education Training 
and Transparency'' or the ``VETT Act.''

Section 2: Processes to Approve Programs of Education for Purposes of 
        the Educational Assistance Programs of the Department of 
        Veterans Affairs

    Under current law, 38 U.S.C. Sec. 3679(f)(5) requires all 
schools to provide an accurate cost estimate for education 
benefit recipients when the student is accepted into college. 
This section would amend this statute to allow a school that 
cannot provide accurate information, to satisfy the requirement 
of the statute by providing the best information available at 
the time and specifying what information may be inaccurate or 
incomplete.
    In the past, schools have had to satisfy the requirements 
of the current statute by providing inaccurate information to 
student veterans or dependents regarding the costs of their 
post-service education. Information on the cost is sometimes 
inaccurate because an individual listed themselves as a veteran 
but had not yet been awarded eligibility by VA, or the 
prospective student was under 18, and the school was unable to 
estimate the individual's tuition because of their age. The 
Committee believes that as a result, the current statute 
resulted in many individuals being misled or unable to 
accurately estimate the cost of their post-service educational 
expenses because the school was still required to provide this 
information even if it was inaccurate. To address this issue, 
the Committee believes flexibility should be provided to the 
educational institution by allowing a second option for a 
school that is unable to estimate the tuition. This section 
would allow an educational institution that is unable to 
provide this data, to provide an explanation as to why it 
cannot be provided and provide the best estimate of cost 
available.
    This section would also require VA to create an online hub 
for School Certifying Officials (SCO) to access updates and 
training materials. The hub would serve as a central location 
for the publication of information from VA, which would be 
regularly updated to ensure the most recent information is 
available. Currently, if a new SCO starts a job, they are 
unable to access old updates because VA only sends that 
information to SCOs on the list and does not publish them on a 
separate site. Training sessions are handled in a similar 
manner and are unable to be found in a central location or 
website. This section would give SCOs, specifically new 
employees, the option to access old updates. The Committee 
believes this would provide school employees with a better 
understanding of Enrollment Manager and other updates that have 
been provided by VA.

Section 3: Modification of Rules for Approval of Commercial Driver 
        Education Programs for the Purposes of Educational Assistance 
        Programs of The Department of Veterans Affairs

    This section would modify 38 U.S.C. Sec. 3680A(e) related 
to the regulations governing commercial driver education 
programs. This section would allow a G.I. Bill approved school 
which has been operating for at least two years without any 
issues, to set up a second location to enroll veterans 
immediately if the new facility is in the same state as the 
original program. Initially a school would not be able to 
immediately enroll veterans using G.I. bill benefits in the 
school if the program was more than 75 miles away. The main 
branch campus would have to show that its new location would 
follow the same curriculum. If a school wishes to expand across 
state borders, they would have to wait to enroll students 
utilizing VA benefits for one year.
    Additionally, this section would require schools that are 
authorized to immediately enroll GI Bill beneficiaries in 
Commercial Driver License (CDL) schools to submit more detailed 
reports to VA. Finally, VA would be required to submit to the 
Committees on Veterans' Affairs of the House and Senate a 
notification that the Secretary has granted an exemption to the 
original rule not less than 30 days after such exemption is 
granted. This would allow committee staff to analyze the usage 
of the program by CDL schools and its benefit for veterans.

                                Hearings

    On November 2, 2023, the Subcommittee on Economic 
Opportunity held a legislative hearing on H.R. 5914 and other 
bills that were pending before the subcommittee.
    The following witnesses testified:
          Mr. Joseph Garcia, Executive Director of Education 
        Service, U.S. Department of Veterans Affairs; Mr. Nick 
        Pamperin, Executive Director Veterans Readiness and 
        Employment Services, U.S. Department of Veterans 
        Affairs; Mr. James Ruhlman, Deputy Director of 
        Education Services, U.S. Department of Veterans 
        Affairs; Ms. Margarita Devlin, Deputy Assistant 
        Secretary for Operations and Management, U.S. 
        Department of Labor; Ms. Kristina Keenan, Deputy 
        Director, National Legislative Service, Veterans of 
        Foreign Wars of the United States; Mr. Marquis 
        Barefield, Assistant National Legislative Director, 
        Disabled American Veterans; Ms. Tammy Barlet, Vice 
        President of Government Affairs, Student Veterans of 
        America; Mr. Joseph W. Wescott II, Legislative 
        Director, National Association of State Approving 
        Agencies, Inc., and Mr. Micheal Hazard, Veterans in 
        Piping Program Manager, United Association of 
        Journeyman and Apprentices of the Plumbing and 
        Pipefitting Industry of the United States and Canada.
    The following organizations submitted statements for the 
record:
          Commercial Vehicle Training Association, National 
        Association of State Workforce Agencies, The American 
        Legion, Veterans Education Project, and Veterans 
        Education Success.

                       Subcommittee Consideration

    On November 15, 2023, the Subcommittee on Economic 
Opportunity held a markup on the legislation included in the 
text of this bill. There were no amendments to this bill at the 
Subcommittee level.
    A motion by Rep. Levin of California to favorably forward 
H.R. 5914 to the full committee was adopted by voice vote.

                        Committee Consideration

    On December 5, 2023, the full Committee met in open markup 
session, a quorum being present, and ordered H.R. 5914, as 
amended, to be reported favorably to the House of 
Representatives by voice vote. During consideration of the 
bill, the following amendments were considered:
          An amendment in the nature of a substitute offered by 
        Rep. Derrick Van Orden of Wisconsin that included the 
        text of H.R. 5914, adopted by the Subcommittee on 
        Economic Opportunity, would require schools to provide 
        the best cost information available for an individual 
        using a VA education benefits along with an explanation 
        of any information that cannot be accurately provided. 
        The amendment also added the provisions of H.R. 2830 
        with changes from the introduced text. The new language 
        would allow approved driver education programs that 
        have been in business for at least two years to 
        establish a second location that would be allowed to 
        enroll veterans more quickly than under current law.
    The amendment in the nature of a substitute, as amended, 
was approved by voice vote.
    A motion by Ranking Member Takano of California to report 
H.R. 5914, as amended, favorably to the House of 
Representatives was agreed to by voice vote.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, no recorded votes were taken on 
amendments or in connection with ordering H.R. 5914, as 
amended, reported to the House.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives of H.R. 5914, as amended, are to provide 
more accuracy in reporting the costs of education to GI bill 
recipients and provide more current information to schools 
participating in the VA education benefits program. 
Additionally, the goal is to allow for expedited enrollment of 
veterans in Commercial Driver License programs that have a 
proven record of success.

                  Earmarks and Tax and Tariff Benefits

    H.R. 5914 as amended, does not contain any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        Committee Cost Estimate

    The Committee adopts as its own the Congressional Budget 
Office cost estimate on this measure.

     Budget Authority and Congressional Budget Office Cost Estimate

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT}


    H.R. 5914 would change the process for approval of 
commercial driver education programs by the Department of 
Veterans Affairs (VA). VA pays benefits to or on behalf of 
students who are enrolled in approved education or training 
programs. Such programs include courses that do not lead to a 
standard college degree and are offered by for-profit or non-
profit schools. Under current law, those programs must be 
offered by such schools for at least two years before VA can 
approve enrollment for students receiving VA education 
benefits.
    The bill would allow VA to waive that two-year requirement 
for any commercial driver education program that is licensed 
and offered by schools that meet specified criteria. Such 
schools would have to either offer the same program that is 
already approved by VA at another location within the same 
state or have offered the same program already approved within 
another state for at least one year. Schools seeking a waiver 
would be required to annually demonstrate to VA that the 
curriculum for the program is the same as that for the already 
approved locations.
    CBO expects that most students who enroll in the commercial 
driver education programs that would be approved under the bill 
would otherwise use the VA benefits to which they are entitled 
to enroll in another education or training program under 
current law. Moreover, many programs approved under the bill 
would eventually be approved under current law because the bill 
would not change any approval criteria. Accordingly, the bill 
would affect which programs are approved for VA education 
benefits at a given point in time but would not significantly 
increase the overall amount of education benefits paid.
    The CBO staff contact for this estimate is Paul B.A. 
Holland. The estimate was reviewed by Christina Hawley Anthony, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 5914, as 
amended.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be created by H.R. 
5914, as amended.

                  Applicability to Legislative Branch

    The Committee finds that H.R. 5914, as amended, does not 
relate to the terms and conditions of employment or access to 
public services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

              Statement on Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 52, as amended, would establish or reauthorize a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 would establish the short title of the bill as 
``Veterans Training and Transparency Act'' or ``VETT Act.''

Section 2. Processes to approve programs of education for purposes of 
        the educational assistance programs of the Department of 
        Veterans Affairs

    This section would amend 38 U.S.C. Sec. 3679(f)(5). The 
proposed amendment would add a new subparagraph: ``(C) If an 
educational institution cannot provide to an individual a form 
under paragraph (1) that contains all of the information 
required under subparagraph (A) of such paragraph, the 
educational institution shall provide to such individual, with 
the form under such paragraph, a notice.'' The notice would 
need to specify what information is inaccurate or incomplete 
and provide the best estimate available. If this section were 
to be passed into law, it would ensure that veterans receive 
accurate information about the estimated costs of their 
education.
    This section would also establish a website as the central 
location for all updates and training materials for school 
certifying officials to allow the schools access to the most 
current information available.

Section 3. Modification of rules for approval of commercial driver 
        education programs for the purposes of educational assistance 
        programs of the Department of Veterans Affairs

    This section would amend 38 U.S.C. Sec. 3680A(e) to allow 
VA to approve certain commercial driver education programs for 
participation in the GI Bill program more efficiently if they 
meet certain requirements. If an approved school has been in 
business for at least two years without any issues, is 
appropriately licensed, and approved by the State Approving 
Agency (SAA) it would be able to establish a second location 
that would allow veterans to enroll immediately. This section 
would also amend section 3680(A)e(2)(B)(ii) to increase 
reporting requirements for schools that are authorized to 
enroll GI Bill beneficiaries in CDL schools immediately. The 
Secretary would be required to identify the educational 
institution and branch granted such exemption and notify the 
House and Senate Committees on Veterans Affairs within 30 days 
of such exemption.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 38, UNITED STATES CODE




           *       *       *       *       *       *       *
PART III--READJUSTMENT AND RELATED BENEFITS

           *       *       *       *       *       *       *


CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS

           *       *       *       *       *       *       *



SUBCHAPTER II--STATE APPROVING AGENCIES

           *       *       *       *       *       *       *



Sec. 3679. Disapproval of courses

  (a)(1) Except as provided by paragraph (2), any course 
approved for the purposes of this chapter which fails to meet 
any of the requirements of this chapter (including failure to 
comply with a risk-based survey under this chapter or secure an 
affirmation of approval by the appropriate State approving 
agency following the survey) shall be immediately disapproved 
by the Secretary or the appropriate State approving agency. An 
educational institution which has its courses disapproved by 
the Secretary or a State approving agency will be notified of 
such disapproval by a certified or registered letter of 
notification and a return receipt secured.
  (2) In the case of a course of education that would be 
subject to disapproval under paragraph (1) solely for the 
reason that the Secretary of Education withdraws the 
recognition of the accrediting agency that accredited the 
course, the Secretary of Veterans Affairs, in consultation with 
the Secretary of Education, and notwithstanding the withdrawal, 
may continue to treat the course as an approved course of 
education under this chapter for a period not to exceed 18 
months from the date of the withdrawal of recognition of the 
accrediting agency, unless the Secretary of Veterans Affairs or 
the appropriate State approving agency determines that there is 
evidence to support the disapproval of the course under this 
chapter. The Secretary shall provide to any veteran enrolled in 
such a course of education notice of the status of the course 
of education.
  (3) In this section, the term ``risk-based survey'' means a 
risk-based survey developed under section 3673A(a) of this 
title.
  (b) Each State approving agency shall notify the Secretary of 
each course which it has disapproved under this section. The 
Secretary shall notify the State approving agency of the 
Secretary's disapproval of any educational institution under 
chapter 31 of this title.
  (c)(1) Notwithstanding any other provision of this chapter 
and subject to paragraphs (3) through (6), the Secretary shall 
disapprove a course of education provided by a public 
institution of higher learning if the institution charges 
tuition and fees for that course for covered individuals who 
are pursuing the course with educational assistance under 
chapter 30, 31, 33, or 35 of this title while living in the 
State in which the institution is located at a rate that is 
higher than the rate the institution charges for tuition and 
fees for that course for residents of the State in which the 
institution is located, regardless of the covered individual's 
State of residence.
  (2) For purposes of this subsection, a covered individual is 
any individual as follows:
          (A) A veteran who was discharged or released from a 
        period of not fewer than 90 days of service in the 
        active military, naval, air, or space service.
          (B) An individual who is entitled to assistance 
        under--
                  (i) section 3311(b)(8) of this title; or
                  (ii) section 3319 of this title by virtue of 
                the individual's relationship to--
                          (I) a veteran described in 
                        subparagraph (A); or
                          (II) a member of the uniformed 
                        services described in section 3319(b) 
                        of this title who is serving on active 
                        duty.
          (C) An individual who is entitled to rehabilitation 
        under section 3102(a) of this title.
          (D) An individual who is entitled to assistance under 
        section 3510 of this title.
  (3) If after enrollment in a course of education that is 
subject to disapproval under paragraph (1) by reason of 
paragraph (2)(A), (2)(B), or (2)(C) a covered individual 
pursues one or more courses of education at the same public 
institution of higher learning while remaining continuously 
enrolled (other than during regularly scheduled breaks between 
courses, semesters or terms) at that institution of higher 
learning, any course so pursued by the covered individual at 
that institution of higher learning while so continuously 
enrolled shall also be subject to disapproval under paragraph 
(1).
  (4)(A) It shall not be grounds to disapprove a course of 
education under paragraph (1) if a public institution of higher 
learning requires a covered individual pursuing a course of 
education at the institution to demonstrate an intent, by means 
other than satisfying a physical presence requirement, to 
establish residency in the State in which the institution is 
located, or to satisfy other requirements not relating to the 
establishment of residency, in order to be charged tuition and 
fees for that course at a rate that is equal to or less than 
the rate the institution charges for tuition and fees for that 
course for residents of the State.
  (B) To the extent feasible, the Secretary shall make publicly 
available on the internet website of the Department a database 
explaining any requirements described in subparagraph (A) that 
are established by a public institution of higher learning for 
an individual to be charged tuition and fees at a rate that is 
equal to or less than the rate the institution charges for 
tuition and fees for residents of the State in which the 
institution is located. The Secretary shall disapprove a course 
of education provided by such an institution that does not 
provide the Secretary--
          (i) an initial explanation of such requirements; and
          (ii) not later than 90 days after the date on which 
        any such requirements change, the updated requirements.
  (5) The Secretary may waive such requirements of paragraph 
(1) as the Secretary considers appropriate.
  (6) Disapproval under paragraph (1) shall apply only with 
respect to educational assistance under chapters 30, 31, 33, 
and 35 of this title.
  (d) Notwithstanding any other provision of this chapter, the 
Secretary or the applicable State approving agency shall 
disapprove a course of education described in paragraph (14) or 
(15) of section 3676(c) of this title unless the educational 
institution providing the course of education--
          (1) publicly discloses any conditions or additional 
        requirements, including training, experience, or 
        examinations, required to obtain the license, 
        certification, or approval for which the course of 
        education is designed to provide preparation; and
          (2) makes each disclosure required by paragraph (1) 
        in a manner that the Secretary considers prominent (as 
        specified by the Secretary in regulations prescribed 
        for purposes of this subsection).
  (e)(1) Notwithstanding any other provision of this chapter, 
beginning on August 1, 2019, a State approving agency, or the 
Secretary when acting in the role of the State approving 
agency, shall disapprove a course of education provided by an 
educational institution that has in effect a policy that is 
inconsistent with any of the following:
          (A) A policy that permits any covered individual to 
        attend or participate in the course of education during 
        the period beginning on the date on which the 
        individual provides to the educational institution a 
        certificate of eligibility for entitlement to 
        educational assistance under chapter 31, 33, or 35 of 
        this title and ending on the earlier of the following 
        dates:
                  (i) The date on which the Secretary provides 
                payment for such course of education to such 
                institution.
                  (ii) The date that is 90 days after the date 
                on which the educational institution certifies 
                for tuition and fees following receipt from the 
                student such certificate of eligibility.
          (B) A policy that ensures that the educational 
        institution will not impose any penalty, including the 
        assessment of late fees, the denial of access to 
        classes, libraries, or other institutional facilities, 
        or the requirement that a covered individual borrow 
        additional funds, on any covered individual because of 
        the individual's inability to meet his or her financial 
        obligations to the institution due to the delayed 
        disbursement of a payment to be provided by the 
        Secretary under chapter 31 33, or 35 of this title.
  (2) For purposes of this subsection, a covered individual is 
any individual who is entitled to educational assistance under 
chapter 31 33, or 35 of this title.
  (3) The Secretary may waive such requirements of paragraph 
(1) as the Secretary considers appropriate.
  (4) It shall not be inconsistent with a policy described in 
paragraph (1) for an educational institution to require a 
covered individual to take the following additional actions:
          (A) Submit a certificate of eligibility for 
        entitlement to educational assistance not later than 
        the first day of a course of education for which the 
        individual has indicated the individual wishes to use 
        the individual's entitlement to educational assistance.
          (B) Submit a written request to use such entitlement.
          (C) Provide additional information necessary to the 
        proper certification of enrollment by the educational 
        institution.
  (f)(1) Except as provided by paragraph (5), a State approving 
agency, or the Secretary when acting in the role of the State 
approving agency, shall take an action described in paragraph 
(4)(A) if the State approving agency or the Secretary, when 
acting in the role of the State approving agency, determines 
that an educational institution does not perform any of the 
following:
          (A) Prior to the enrollment of a covered individual 
        in a course of education at the educational 
        institution, provide the individual with a form that 
        contains information personalized to the individual 
        that describes--
                  (i) the estimated total cost of the course, 
                including tuition, fees, books, supplies, and 
                any other additional costs;
                  (ii) an estimate of the cost for living 
                expenses for students enrolled in the course;
                  (iii) the amount of the costs under clauses 
                (i) and (ii) that are covered by the 
                educational assistance provided to the 
                individual under chapter 30, 31, 32, 33, or 35 
                of this title, or chapter 1606 or 1607 of title 
                10, as the case may be;
                  (iv) the type and amount of Federal financial 
                aid not administered by the Secretary and 
                financial aid offered by the institution that 
                the individual may qualify to receive;
                  (v) an estimate of the amount of student loan 
                debt the individual would have upon graduation;
                  (vi) information regarding graduation rates;
                  (vii) job-placement rates for graduates of 
                the course, if available;
                  (viii) information regarding the acceptance 
                by the institution of transfer of credits, 
                including military credits;
                  (ix) any conditions or additional 
                requirements, including training, experience, 
                or examinations, required to obtain the 
                license, certification, or approval for which 
                the course of education is designed to provide 
                preparation; and
                  (x) other information to facilitate 
                comparison by the individual of aid packages 
                offered by different educational institutions.
          (B) Not later than 15 days after the date on which 
        the institution (or the governing body of the 
        institution) determines tuition rates and fees for an 
        academic year that is different than the amount being 
        charged by the institution, provide a covered 
        individual enrolled in a course of education at the 
        educational institution with the form under 
        subparagraph (A) that contains updated information.
          (C) Maintain policies to--
                  (i) inform each covered individual enrolled 
                in a course of education at the educational 
                institution of the availability of Federal 
                financial aid not administered by the Secretary 
                and financial aid offered by the institution; 
                and
                  (ii) alert such individual of the potential 
                eligibility of the individual for such 
                financial aid before packaging or arranging 
                student loans or alternative financing programs 
                for the individual.
          (D) Maintain policies to--
                  (i) prohibit the automatic renewal of a 
                covered individual in courses and programs of 
                education; and
                  (ii) ensure that each covered individual 
                approves of the enrollment of the individual in 
                a course.
          (E) Provide to a covered individual enrolled in a 
        course of education at the educational institution with 
        information regarding the requirements to graduate from 
        such course, including, to the maximum extent 
        practicable, information regarding when required 
        classes will be offered and a timeline to graduate.
          (F) With respect to an accredited educational 
        institution, obtain the approval of the accrediting 
        agency for each new course or program of the 
        institution before enrolling covered individuals in 
        such courses or programs if the accrediting agency 
        determines that such approval is appropriate under the 
        substantive change requirements of the accrediting 
        agency regarding the quality, objectives, scope, or 
        control of the institution.
          (G) Maintain a policy that--
                  (i) ensures that members of the Armed Forces, 
                including the reserve components and the 
                National Guard, who enroll in a course of 
                education at the educational institution may be 
                readmitted at such institution if such members 
                are temporarily unavailable or have to suspend 
                such enrollment by reason of serving in the 
                Armed Forces; and
                  (ii) otherwise accommodates such members 
                during short absences by reason of such 
                service.
          (H) Designate an employee of the educational 
        institution to serve as a point of contact for covered 
        individuals and the family of such individuals needing 
        assistance with respect to academic counseling, 
        financial counseling, disability counseling, and other 
        information regarding completing a course of education 
        at such institution, including by referring such 
        individuals and family to the appropriate persons for 
        such counseling and information.
  (2) Except as provided by paragraph (5), a State approving 
agency, or the Secretary when acting in the role of the State 
approving agency, shall take an action described in paragraph 
(4)(A) if the State approving agency, the Secretary, or any 
Federal agency, determines that an educational institution, or 
any person with whom the institution has an agreement to 
provide educational programs, marketing, advertising, 
recruiting or admissions services, does any of the following:
          (A) Carries out deceptive or persistent recruiting 
        techniques, including on military installations, that 
        may include--
                  (i) misrepresentation (as defined in section 
                3696(e)(2)(B) of this title) or payment of 
                incentive compensation;
                  (ii) during any one-month period making three 
                or more unsolicited contacts to a covered 
                individual, including contacts by phone, email, 
                or in-person; or
                  (iii) engaging in same-day recruitment and 
                registration.
          (B) Provides a commission, bonus, or other incentive 
        payment based directly or indirectly on success in 
        securing enrollments or financial aid to any persons or 
        entities engaged in any student recruiting or admission 
        activities or in making decisions regarding the award 
        of student financial assistance, except for the 
        recruitment of foreign students residing in foreign 
        countries who are not eligible to receive Federal 
        student assistance.
          (C) In determining whether a violation of 
        subparagraph (B) has occurred, the State approving 
        agency, or the Secretary when acting in the place of 
        the State approving agency, shall construe the 
        requirements of this paragraph in accordance with the 
        regulations and guidance prescribed by the Secretary of 
        Education under section 487(a)(20) of the Higher 
        Education Act of 1965 (20 U.S.C. 1094(a)(20)).
  (3) A State approving agency, or the Secretary when acting in 
the role of the State approving agency, shall take an action 
described in paragraph (4)(A) if the State approving agency or 
the Secretary, when acting in the role of the State approving 
agency, determines that an educational institution is the 
subject of a negative action made by the accrediting agency 
that accredits the institution, including any of the following:
          (A) Accreditor sanctions.
          (B) Accreditation probation.
          (C) The loss of accreditation or candidacy for 
        accreditation.
  (4)(A) An action described in this subparagraph is any of the 
following:
          (i) Submitting to the Secretary a recommendation that 
        the Secretary publish a warning on the internet website 
        of the Department described in section 3698(c)(2) of 
        this title, or such other similar internet website of 
        the Department, that describes how an educational 
        institution is failing to meet a requirement under 
        paragraph (1), (2), or (3).
          (ii) Suspending the approval of the courses and 
        programs of education offered by the educational 
        institution by disapproving new enrollments of eligible 
        veterans and eligible persons in each course or program 
        of education offered by that educational institution.
          (iii) Revoking the approval of the courses and 
        programs of education offered by the educational 
        institution by disapproving all enrollments of eligible 
        veterans and eligible persons in each course or program 
        of education offered by that educational institution
  (B)(i) The Secretary shall establish guidelines to ensure 
that the actions described in subparagraph (A) are applied in a 
proportional and uniform manner by State approving agencies, or 
the Secretary when acting in the role of the State approving 
agency.
  (ii) Each State approving agency and the Secretary, when 
acting in the role of the State approving agency, shall adhere 
to the guidelines established under clause (i).
  (C) The State approving agency, in consultation with the 
Secretary, or the Secretary when acting in the role of the 
State approving agency, may limit an action described in 
subparagraph (A)(ii) to individuals not enrolled at the 
educational institution before the period described in such 
subparagraph.
  (5)(A) The Secretary may waive the requirements of paragraph 
(1) or waive the requirements of paragraph (2) with respect to 
an educational institution for a one-academic-year period 
beginning in August of the year in which the waiver is made. A 
single educational institution may not receive waivers under 
[this paragraph] this subparagraph for more than 2 consecutive 
academic years.
  (B) To be considered for a waiver under [this paragraph] 
subparagraph (A), an educational institution shall submit to 
the Secretary an application prior to the first day of the 
academic year for which the waiver is sought.
  (C) If an educational institution cannot provide to an 
individual a form under paragraph (1) that contains all of the 
information required under subparagraph (A) of such paragraph, 
the educational institution shall provide to such individual, 
with the form under such paragraph, a notice--
          (i) that specifies what such information may be 
        inaccurate or incomplete; and
          (ii) that includes, in place of the information that 
        may be inaccurate or incomplete, the best estimate 
        available on the date of such notice.
  (6) Not later than October 1 of each year, the Secretary 
shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives the following reports:
          (A) A report, which shall be made publicly available, 
        that includes the following:
                  (i) A summary of each action described in 
                paragraph (4)(A) made during the year covered 
                by the report, including--
                          (I) the name of the educational 
                        institution;
                          (II) the type of action taken;
                          (III) the rationale for the action, 
                        including how the educational 
                        institution was not in compliance with 
                        this subsection;
                          (IV) the length of time that the 
                        educational institution was not in such 
                        compliance; and
                          (V) whether the educational 
                        institution was also not in compliance 
                        with this subsection during any of the 
                        2 years prior to the year covered by 
                        the report.
                  (ii) A summary and justifications for the 
                waivers made under paragraph (5) during the 
                year covered by the report, including the total 
                number of waivers each educational institution 
                has received.
          (B) A report containing the recommendations of the 
        Secretary with respect to any legislative actions the 
        Secretary determines appropriate to ensure that this 
        subsection is carried out in a manner that is 
        consistent with the requirements that educational 
        institutions must meet for purposes of other 
        departments or agencies of the Federal Government.
  (7) This subsection shall not apply to an educational 
institution--
          (A) located in a foreign country; or
          (B) that provides to a covered individual consumer 
        information regarding costs of the program of education 
        (including financial aid available to such covered 
        individual) using a form or template developed by the 
        Secretary of Education.
  (8) In this subsection, the term ``covered individual'' means 
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 or 1607 of title 10.

SUBCHAPTER III--MISCELLANEOUS PROVISIONS

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Sec. 3680A. Disapproval of enrollment in certain courses

  (a) The Secretary shall not approve the enrollment of an 
eligible veteran in any of the following:
          (1) Any bartending course or personality development 
        course.
          (2) Any sales or sales management course which does 
        not provide specialized training within a specific 
        vocational field.
          (3) Any type of course which the Secretary finds to 
        be avocational or recreational in character (or the 
        advertising for which the Secretary finds contains 
        significant avocational or recreational themes) unless 
        the veteran submits justification showing that the 
        course will be of bona fide use in the pursuit of the 
        veteran's present or contemplated business or 
        occupation.
          (4) Any independent study program except an 
        independent study program (including such a program 
        taken over open circuit television) that--
                  (A) is accredited by an accrediting agency or 
                association recognized by the Secretary of 
                Education under subpart 2 of part H of title IV 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1099b);
                  (B) leads to--
                          (i) a standard college degree;
                          (ii) a certificate that reflects 
                        educational attainment offered by an 
                        institution of higher learning; or
                          (iii) a certificate that reflects 
                        completion of a course of study offered 
                        by--
                                  (I) an area career and 
                                technical education school (as 
                                defined in subparagraphs (C) 
                                and (D) of section 3(3) of the 
                                Carl D. Perkins Career and 
                                Technical Education Act of 2006 
                                (20 U.S.C. 2302(3))) that 
                                provides education at the 
                                postsecondary level; or
                                  (II) a postsecondary 
                                vocational institution (as 
                                defined in section 102(c) of 
                                the Higher Education Act of 
                                1965 (20 U.S.C. 1002(c))) that 
                                provides education at the 
                                postsecondary level; and
                  (C) in the case of a program described in 
                subparagraph (B)(iii)--
                          (i) provides training aligned with 
                        the requirements of employers in the 
                        State or local area where the program 
                        is located, which may include in-demand 
                        industry sectors or occupations; and
                          (ii) provides a student, upon 
                        completion of the program, with a 
                        recognized postsecondary credential 
                        that is recognized by employers in the 
                        relevant industry, which may include a 
                        credential recognized by industry or 
                        sector partnerships in the State or 
                        local area where the industry is 
                        located; and
                          (iii) meets such content and 
                        instructional standards as may be 
                        required to comply with the criteria 
                        under section 3676(c)(14) and (15) of 
                        this title.
  (b) Except to the extent otherwise specifically provided in 
this title or chapter 106 of title 10, the Secretary shall not 
approve the enrollment of an eligible veteran in any course of 
flight training other than one given by an educational 
institution of higher learning for credit toward a standard 
college degree the eligible veteran is seeking.
  (c) The Secretary shall not approve the enrollment of an 
eligible veteran in any course to be pursued by radio.
  (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).
  (e)(1) The Secretary may not approve the enrollment of an 
eligible veteran in a course not leading to a standard college 
degree offered by a proprietary profit or proprietary nonprofit 
educational institution if--
          [(1)] (A) the educational institution has been 
        operating for less than two years;
          [(2)] (B) except as provided in paragraph (2), the 
        course is offered at a branch of the educational 
        institution and the branch has been operating for less 
        than two years; or
          [(3)] (C) following either a change in ownership or a 
        complete move outside its original general locality, 
        the educational institution does not retain 
        substantially the same faculty, student body, and 
        courses as before the change in ownership or the move 
        outside the general locality (as determined in 
        accordance with regulations the Secretary shall 
        prescribe) unless the educational institution following 
        such change or move has been in operation for at least 
        two years.
  (2)(A) Subject to this paragraph, a commercial driver 
education program is exempt from paragraph (1)(B) for a branch 
of an educational institution if the commercial driver 
education program offered at the branch by the educational 
institution--
          (i) is appropriately licensed; and
          (ii)(I) the branch is located in a State in which the 
        same commercial driver education program is offered by 
        the same educational institution at another branch of 
        that educational institution in the same State that is 
        approved for purposes of this chapter by a State 
        approving agency or the Secretary when acting in the 
        role of a State approving agency; or
          (II)(aa) the branch is located in a State in which 
        the same commercial driver education program is not 
        offered at another branch of the same educational 
        institution in the same State; and
          (bb) the branch has been operating for a period of at 
        least one year using the same curriculum as a 
        commercial driver education program offered by the 
        educational institution at another location that is 
        approved for purposes of this chapter by a State 
        approving agency or the Secretary when acting in the 
        role of a State approving agency.
  (B)(i) In order for a commercial driver education program of 
an educational institution offered at a branch described in 
paragraph (1)(B) to be exempt under subparagraph (A) of this 
paragraph, the educational institution shall submit to the 
Secretary each year that paragraph (1)(B) would otherwise apply 
a report that demonstrates that the curriculum at the new 
branch is the same as the curriculum at the primary location.
  (ii) Reporting under clause (i) shall be submitted in 
accordance with such requirements as the Secretary shall 
establish in consultation with the State approving agencies.
  (C)(i) The Secretary may withhold an exemption under 
subparagraph (A) for any educational institution or branch of 
an educational institution as the Secretary considers 
appropriate.
  (ii) In making any determination under clause (i), the 
Secretary may consult with the Secretary of Transportation on 
the performance of a provider of a commercial driver program, 
including the status of the provider within the Training 
Provider Registry of the Federal Motor Carrier Safety 
Administration when appropriate.
  (D) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives a 
notification not later than 30 days after the Secretary grants 
an exemption under this paragraph. Such notification shall 
identify the educational institution and branch of such 
educational institution granted such exemption.
  (f)(1) Except as provided in paragraph (2), the Secretary may 
not approve the enrollment of an eligible veteran in a course 
as a part of a program of education offered by an educational 
institution if the course is provided under contract by another 
educational institution or entity and--
          (A) the Secretary would be barred under subsection 
        (e) from approving the enrollment of an eligible 
        veteran in the course of the educational institution or 
        entity providing the course under contract; or
          (B) the educational institution or entity providing 
        the course under contract has not obtained approval for 
        the course under this chapter.
  (2)(A) In the case of a covered study-abroad course, the 
Secretary may approve the course for a period of not more than 
five years, if the contract or other written agreement under 
which the course is offered provides that--
          (i) the educational institution that offers a course 
        that is approved under this chapter agrees--
                  (I) to assume responsibility for the quality 
                and content of the covered study-abroad course; 
                and
                  (II) to serve as the certifying official for 
                the course for purposes of this chapter; and
          (ii) the educational institution that offers the 
        covered study-abroad course agrees to seek the approval 
        of the course under this chapter by not later than five 
        years after the date of the agreement.
  (B) In this paragraph, the term ``covered study-abroad 
course'' means a course that--
          (i) is provided as a part of a program of education 
        offered by an educational institution under a contract 
        or other written agreement by another educational 
        institution that offers a course that is approved under 
        this chapter;
          (ii) is provided at a location in a foreign country; 
        and
          (iii) has not been approved under this chapter.
  (g) Notwithstanding subsections (e) and (f)(1), the Secretary 
may approve the enrollment of an eligible veteran in a course 
approved under this chapter if the course is offered by an 
educational institution under contract with the Department of 
Defense or the Department of Homeland Security and is given on 
or immediately adjacent to a military base, Coast Guard 
station, National Guard facility, or facility of the Selected 
Reserve.
  (h) In this section, the terms ``State or local area'', 
``recognized postsecondary credential'', ``industry or sector 
partnership'', and ``in-demand industry sector or occupation'' 
have the meaning given such terms in section 3 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3102).

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