[House Report 118-675]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-675
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
MONTGOMERY GI BILL SELECTED RESERVES TUITION FAIRNESS ACT OF 2024
_______
September 16, 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. 7323]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 7323) to amend title 38, United States Code, to
direct the Secretary of Veterans Affairs to disapprove courses
of education offered by a public institution of higher learning
that does not charge the in-State tuition rate to a veteran
using certain educational assistance under title 10 of such
Code, having considered the same, reports favorably thereon
with amendments and recommends that the bill as amended do
pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Subcommittee Consideration....................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
Earmarks and Tax and Tariff Benefits............................. 6
Committee Cost Estimate.......................................... 6
Budget Authority and Congressional Budget Office Estimate........ 6
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 amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Selected Reserves
Tuition Fairness Act of 2024''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED
BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO
NOT CHARGE VETERANS IN-STATE TUITION RATE FOR
PURPOSES OF SELECTED RESERVE EDUCATIONAL ASSISTANCE
PROGRAM.
(a) In General.--Subsection (c) of section 3679 of title 38, United
States Code, is amended--
(1) in paragraph (1), by inserting ``, or chapter 1606 of
title 10,'' after ``chapter 30, 31, 33, or 35 of this title'';
(2) in paragraph (2), by adding at the end the following new
subparagraph:
``(E) An individual who is entitled to assistance under
section 16131 of title 10.''; and
(3) in paragraph (6), by inserting ``, or chapter 1606 of
title 10'' before the period at the end.
(b) Conforming Amendments.--Subsection (e) of such section is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, or chapter
1606 of title 10,'' after ``chapter 31, 33, or 35 of
this title''; and
(B) in subparagraph (B), by striking ``chapter 31 33,
or 35 of this title'' and inserting ``chapter 31, 33,
or 35 of this title, or chapter 1606 of title 10''; and
(2) in paragraph (2), by striking ``chapter 31 33, or 35 of
this title'' and inserting ``chapter 31, 33, or 35 of this
title, or chapter 1606 of title 10''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to an academic period that begins on or after August 1, 2024.
SEC. 3. LIMITATION ON AMOUNT OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
PAYABLE FOR FLIGHT TRAINING UNDER POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 3313 of title 38, United States Code, is
amended--
(1) in subsection (g)(3)(C), by striking ``In the case'' and
inserting ``Subject to the limitation under subsection (m), in
the case''; and
(2) by adding at the end the following new subsection:
``(m) Limitation on Use of Entitlement for Flight Training.--(1)
Notwithstanding any other provision of this chapter and subject to
paragraph (2), the maximum total amount payable under this chapter for
tuition and fees in the case of an individual pursuing a degree-
granting or non-degree-granting program of flight training offered by a
public institution of higher learning is--
``(A) in the case of an individual who first pursues such a
program during the academic year beginning on August 1, 2025,
$108,480; and
``(B) in the case of an individual who first pursues such a
program during any subsequent academic year, the amount in
effect under this subsection for the previous academic year
beginning on August 1, as increased by the percentage increase
equal to the most recent percentage increase determined under
section 3015(h) of this title.
``(2) An individual who receives educational assistance under this
subsection may not receive more than the maximum total amount in effect
under paragraph (1) with respect to the individual, regardless of when
the individual pursues the program of flight training or how many such
programs the individual pursues.
``(3) An individual who receives educational assistance under this
subsection in an amount equal to less than the maximum total amount in
effect under paragraph (1) shall be entitled to additional educational
assistance under this chapter in an amount equal to the difference
between--
``(A) the amount the individual received under this
subsection, and
``(B) the maximum total amount in effect under paragraph
(1).''.
(b) Applicability.--The amendments made by subsection (a) shall take
effect on August 1, 2025, and shall apply with respect to an individual
who first pursues a program of flight training on or after August 1,
2025.
Amend the title so as to read:
A bill to amend title 38, United States Code, to direct the
Secretary of Veterans Affairs to disapprove courses of
education offered by a public institution of higher learning
that does not charge the in-State tuition rate to a veteran
using certain educational assistance under title 10 of such
Code, and for other purposes.
Purpose and Summary
H.R. 7323, the ``Montgomery GI Bill Selected Reserves
Tuition Fairness Act of 2024,'' was introduced by Rep. Derrick
Van Orden of Wisconsin on February 13, 2024. The bill, as
amended, would add chapter 1606 of Title 10, United States
Code, to the list of entitlement chapters allowed for in-state
tuition waivers.
This legislation, as amended, also includes the text of
H.R. 7613, the ``Veterans Flight Training Responsibility Act of
2024'', which was introduced by Rep. Thomas Kean of New Jersey
on March 11, 2024. This bill would create an entitlement cap to
limit the use of entitlement at public institutions of higher
learning to $108,480 and would allow individuals to use
entitlement year-round without worry of running out of
entitlement during an academic year.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``Montgomery GI Bill Selected
Reserves Tuition Fairness Act of 2024.''
Section 2: Department of Veterans Affairs Disapproval of Courses
Offered by Public Institutions of Higher Learning That Do Not
Charge Veteran In-State Tuition Rate for Purposes of Selected
Reserve Education Assistance Program
Under current law, 38 U.S.C. Sec. 3679(c)(1) allows an in-
state waiver for Chapter 30, 31, 33, or 35 education
entitlements; however, an individual using Montgomery GI Bill
Selected Reserves (chapter 1606 of Title 10) would not be
eligible for the in-state waiver. The in-state waiver allows an
individual who is using veterans benefits for education to pay
the same amount of tuition as a resident of the state. The bill
would correct this discrepancy and create parity in education
entitlement.
Under the bill, a covered individual for the in-state
waiver would be a veteran who lived where the institution of
higher learning (IHL) is located and enrolls in the school
within three years of discharge, or an individual who is using
transferred entitlement. This section would include another
education entitlement to the in-state waiver and allow veterans
using chapter 1606 of Title 10 to receive the same reduced
tuition paid by other veterans and individuals they are taking
classes with. The Committee believes that by including chapter
1606 of Title 10 in the in-state waiver, more veterans would
attain an education and use the benefit they earned.
Section 3: Limitation on Amount of Entitlement to Educational
Assistance Payable for Flight Training Under Post-9/11
Educational Assistance Program of Department of Veterans
Affairs
The Committee has heard concerns from veterans enrolled in
flight training programs exhausting the amount of GI bill
entitlement available to them in a year before the spring and
summer months. Consequently, these veterans are not able to fly
during the months with the best flight training weather unless
they paid out of pocket. Additionally, the Committee has heard
complaints of overcharging at some schools from veterans
previously enrolled in the program.
This section would modify 38 U.S.C. Sec. 3313 related to
flight training programs offered at public institutions of
higher learning. It would create a limit that an individual
using Post 9/11 GI Bill benefits can use for flight training
tuition and fees at a degree-granting or non-degree-granting
public institution of higher learning. Currently, there is no
cap on fees as long as it is at the in-state tuition rate. In
many cases this means there is no effective cap at all. Under
this section, individuals would use up to 36 months of
entitlement with a cap of up to $108,480. Individuals would
also be allowed to use entitlement at a faster rate which would
allow them to attend school and flight training year-round. Any
unused amount under the cap would be transferrable back to an
equivalent number of months of the Post 9/11 GI Bill.
Amending this section would improve the ability of veterans
attending a flight training program and provide fiscal
oversight of flight programs at public institutions of higher
learning. Creating a maximum amount that can be charged for
flight training could potentially save millions of dollars in
Chapter 33 entitlement for VA. Data received from VA shows that
99% of individuals attending a flight program at a public
institution of higher learning do not pay over $100,000. This
means that this legislation would only impact the most
expensive schools and would prevent schools from overcharging
veterans and VA. The Committee believes this proposed
legislation is a step forward in limiting excessive charges by
schools.
Hearings
On March 20, 2023, the Subcommittee on Economic Opportunity
held a legislative hearing on H.R. 7323 and other bills that
were pending before the subcommittee.
The following witnesses testified:
Ms. Melissa Cohen, Executive Director of Outreach,
Transition, and Economic Development, U.S. Department
of Veterans Affairs; Mr. Nathan Sanfilippo, Executive
Director of Multichannel Technology at Veterans
Experience Office, U.S. Department of Veterans Affairs;
Mr. Thomas Alphonso, Assistant Director of Education
Services, U.S. Department of Veterans Affairs; Mr.
James Rodriguez, Assistant Secretary for Veterans'
Employment and Training Service, 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. Nadine Bullock-Pottinga, Chief
Development Officer, Hire Heroes USA; Mr. Gregory John,
Founder and President, Infinity Flight Group, and Mr.
Matthew Schwartzman, Director, Legislation and Military
Policy, Reserve Organization of America.
The following organizations and members submitted
statements for the record:
Representative Ken Calvert of California, Disabled
American Veterans, The American Legion, Veterans
Education Success, United Services Automobile
Association, RecruitMilitary, Orion Talent, Military
Talent Pipeline, Semper Forward, and ZeroMils.
Subcommittee Consideration
On April 17, 2024, the Subcommittee on Economic Opportunity
held a markup on H.R. 7323. There were no amendments offered to
the bill at the Subcommittee markup.
A motion by Rep. Levin of California to favorably forward
H.R. 7323 to the Full Committee was adopted by voice vote.
An amendment in the nature of a substitute to H.R.
7613 offered by Subcommittee Chair Van Orden was
adopted by voice vote. The amendment in the nature of a
substitute raised the entitlement cap from $100,000 to
$108,480 and established a process for turning
entitlement into the tuition cap and changed the cap
from ``flight fees'' to ``flight tuition and fees.''
A motion by Rep. Levin of California to favorably forward
H.R. 7613 to the Full Committee was adopted by voice vote.
Committee Consideration
On May 1, 2024, the Full Committee met in open markup
session, a quorum being present, and ordered H.R. 7323, 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. 7323, adopted by the Subcommittee on
Economic Opportunity. The amendment also added the
provisions of H.R. 7613 with changes from the
introduced text. The new language would establish a
process for flight school tuition cap to be reverted
back to Post 9/11 GI Bill entitlement.
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. 7323, 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. 7323, as
amended, 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. 7323, as amended, are to include
Chapter 1606 of title 10 as an eligible entitlement for an in-
state tuition waiver. Additionally, the goal is to allow
individuals using entitlement for public institutions of higher
education flight programs to go to school faster and reduce
fraud in those programs.
Earmarks and Tax and Tariff Benefits
H.R. 7323, 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. 7323 would make changes to education benefit programs
administered by the Department of Veterans Affairs (VA). The
costs of those programs are paid from mandatory appropriations.
CBO estimates that enacting the bill would decrease direct
spending by $4 million and increase spending subject to
appropriation by $3 million, over the 2024-2034 period. The
costs of the legislation, detailed in Table 1, fall within
budget function 700 (veterans benefits and services). For
purposes of this estimate, CBO assumed H.R. 7323 would be
enacted late in fiscal year 2024.
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 7323
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2024-2029 2024-2034
--------------------------------------------------------------------------------------------------------------------------------------------------------
DECREASES (-) IN DIRECT SPENDING
Estimated Budget Authority........................... 0 * * -1 * -1 * -1 * -1 * -2 -4
Estimated Outlays.................................... 0 * * -1 * -1 * -1 * -1 * -2 -4
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization.............................. 0 3 0 0 0 0 0 0 0 0 0 3 3
Estimated Outlays.................................... 0 2 1 * 0 0 0 0 0 0 0 3 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
*= between -$500,000 and $500,000.
Direct spending: H.R. 7323 would limit some education
benefits for veterans. The limit on payments for flight
training programs would reduce direct spending, whereas the
prohibition on paying out-of-state tuition rates would not, in
CBO's estimation, affect direct spending.
Flight training limit: Section 3 would limit the maximum
amount of tuition and fees that VA would pay to public
educational institutions on behalf of beneficiaries of the
Post-9/11 GI Bill who enroll in flight training programs.
Currently, VA pays an amount equivalent to in-state tuition
and fees at public educational institutions for students
enrolled in degree-granting programs of education. Benefits are
paid for up to 36 months of enrollment in approved programs and
also can include housing allowances and book stipends. Although
there are practical limitations, there is no specified cap on
the total amount of benefits that can be paid for a person
attending a public institution under current law.
The bill would limit the amount of tuition and fee payments
for students who first enroll in a flight training program at a
public institution after the 2024-2025 academic year to a
lifetime total of $108,480 (increased each year thereafter to
account for inflation). Limiting total payments for the tuition
and fees of flight training would reduce benefit costs under
the Post-9/11 GI Bill. On the basis of data from VA, CBO
estimates that annual benefit payments for roughly 15 flight
trainees would be reduced by an average of $30,000 over the
next 10 years. Consequently, enacting the bill would decrease
direct spending by $4 million over the 2024-2034 period, CBO
estimates.
In-state tuition: Section 2 would generally prohibit VA
from paying any VA education benefits to students enrolled at
public schools that charge beneficiaries of the Mongomery GI
Bill--Selected Reserve (MGIB-SR) tuition and fees at amounts
higher than the rates charged to state residents if those
beneficiaries are living in the state where the school is
located, regardless of whether they are state residents.
Under the MGIB-SR, VA pays monthly benefits to eligible
members of the federal reserves and National Guard. Those
members may receive payments for up to 36 months while they are
enrolled in school. The amount is determined by the number of
college credits the members earn during an academic term
(currently, $466 per month for full-time enrollment in 2024)
and is adjusted annually for inflation. Many schools offer in-
state tuition to students receiving MGIB-SR benefits, and CBO
anticipates schools that do not would choose to do so if the
bill is enacted. As a result, MGIB-SR students enrolled in
those schools would pay less for tuition.
Payment rates under MGIB-SR are not based on tuition rates.
Thus, reducing tuition for beneficiaries would not affect the
amount of their benefits. Consequently, CBO estimates that
enacting section 2 would not affect direct spending.
Spending subject to appropriation: Implementing the limit
on flight training benefits would require changes to the
information technology systems used by VA to manage education
benefits. On the basis of information from VA, CBO estimates
that those changes would cost $3 million over the 2024-2029
period; such spending would be subject to the availability of
appropriated funds.
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. 7323, 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.
7323, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 7323, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of
section102(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. 7323, 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
``Montgomery GI Bill Selected Reserves Tuition Fairness Act of
2024.''
Section 2. Department of Veterans Affairs disapproval of courses
offered by public institutions of higher learning that do not
charge veteran in-state tuition rate for purposes of Selected
Reserve Education Assistance program
This section would amend 38 U.S.C. Sec. 3679 (c) to which
grants an in-state waiver for Chapter 30, 31, 33, or 35
education entitlements, to allow an individual using Montgomery
GI Bill Selected Reserves (chapter 1606 of title 10) to be
eligible for the in-state waiver as well. This section would
also establish an effective date for this legislation on August
1, 2024.
Section 3. Limitation on amount of entitlement to educational
assistance payable for flight training under Post-9/11
Educational Assistance program of Department of Veterans
Affairs
This section would amend 38 U.S.C. Sec. 3313 by adding a
new subsection (m). This new subsection would create a maximum
amount of entitlement usable for degree-granting and non-
degree-granting programs of flight training offered by a public
institution of higher learning. This amount would be set to
$108,480 and would increase at the same rate as Chapter 33 at
private schools. The individual would reduce their cap while
paying for flight tuition and fees but would be able to
transfer their flight training cap back to their entitlement.
This section would establish an effective date for this
section on August 1, 2025.
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 33--POST-9/11 EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER II--EDUCATIONAL ASSISTANCE
* * * * * * *
Sec. 3313. Educational assistance: amount; payment
(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a program
covered by subsections (e) and (f)) the amounts specified in
subsection (c) to meet the expenses of such individual's
subsistence, tuition, fees, and other educational costs for
pursuit of such program of education.
(b) Approved Programs of Education.--A program of education
is an approved program of education for purposes of this
chapter if the program of education is approved for purposes of
chapter 30 (including approval by the State approving agency
concerned).
(c) Programs of Education Leading to a Degree Pursued at
Institutions of Higher Learning on More Than Half-time Basis.--
The amounts payable under this subsection for pursuit of an
approved program of education leading to a degree at an
institution of higher learning (as that term is defined in
section 3452(f)) are amounts as follows:
(1) In the case of an individual entitled to
educational assistance under this chapter by reason of
paragraph (1), (2), (8), (9), (10), or (11) of section
3311(b), amounts as follows:
(A) An amount equal to the following:
(i) In the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees.
(ii) In the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(B) A monthly stipend in an amount as
follows:
(i) Except as provided in clauses
(ii) and (iii), for each month an
individual pursues a program of
education on more than a half-time
basis, a monthly housing stipend equal
to the product of--
(I) the monthly amount of the
basic allowance for housing
payable under section 403 of
title 37 for a member with
dependents in pay grade E-5
residing in the military
housing area that encompasses
all or the majority portion of
the ZIP code area in which is
located the campus of the
institution of higher learning
where the individual physically
participates in a majority of
classes, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(ii) In the case of an individual
pursuing a program of education at a
foreign institution of higher learning
on more than a half-time basis, for
each month the individual pursues the
program of education, a monthly housing
stipend equal to the product of--
(I) the national average of
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(iii) In the case of an individual
pursuing a program of education solely
through distance learning on more than
a half-time basis, a monthly housing
stipend equal to 50 percent of the
amount payable under clause (ii) if the
individual were otherwise entitled to a
monthly housing stipend under that
clause for pursuit of the program of
education.
(iv) For the first month of each
quarter, semester, or term, as
applicable, of the program of education
pursued by the individual, a lump sum
amount for books, supplies, equipment,
and other educational costs with
respect to such quarter, semester, or
term in the amount equal to--
(I) $1,000, multiplied by
(II) the fraction which is
the portion of a complete
academic year under the program
of education that such quarter,
semester, or term constitutes.
(2) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(3), amounts equal to 90 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(3) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(4), amounts equal to 80 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(4) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(5), amounts equal to 70 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(5) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(6), amounts equal to 60 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(6) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(7), amounts equal to 50 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(d) Frequency of Payment.--
(1) Quarter, semester, or term payments.--Payment of
the amounts payable under subsection (c)(1)(A), and of
similar amounts payable under paragraphs (2) through
(6) of subsection (c), for pursuit of a program of
education shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(2) Monthly payments.--Payment of the amount payable
under subsection (c)(1)(B), and of similar amounts
payable under paragraphs (2) through (6) of subsection
(c), for pursuit of a program of education shall be
made on a monthly basis.
(3) Regulations.--The Secretary shall prescribe in
regulations methods for determining the number of
months (including fractions thereof) of entitlement of
an individual to educational assistance under this
chapter that are chargeable under this chapter for an
advance payment of amounts under paragraphs (1) and (2)
for pursuit of a program of education on a quarter,
semester, term, or other basis.
(e) Programs of Education Leading to a Degree Pursued on
Active Duty for a Period of More Than 30 Days on More Than
Half-time Basis.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education leading to a degree while on active duty
for a period of more than 30 days.
(2) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
pursuing a program of education leading to a degree
while on active duty for a period of more than 30 days
are as follows:
(A) Subject to subparagraph (C), an amount
equal to the lesser of--
(i) in the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
(ii) in the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h);
or
(iii) the amount of the charges of
the educational institution as elected
by the individual in the manner
specified in section 3014(b)(1).
(B) Subject to subparagraph (C), for the
first month of each quarter, semester, or term,
as applicable, of the program of education
pursued by the individual, a lump sum amount
for books, supplies, equipment, and other
educational costs with respect to such quarter,
semester, or term in the amount equal to--
(i) $1,000, multiplied by
(ii) the fraction of a complete
academic year under the program of
education that such quarter, semester,
or term constitutes.
(C) In the case of an individual entitled to
educational assistance by reason of paragraphs
(3) through (7) of section 3311(b), the amounts
payable to the individual pursuant to
subparagraphs (A)(i), (A)(ii), and (B) shall be
the amounts otherwise determined pursuant to
such subparagraphs multiplied by the same
percentage applicable to the monthly amounts
payable to the individual under paragraphs (2)
through (6) of subsection (c).
(3) Quarter, semester, or term payments.--Payment of
the amount payable under paragraph (2) for pursuit of a
program of education shall be made for the entire
quarter, semester, or term, as applicable, of the
program of education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at the rate of one month for each such month.
(f) Programs of Education Pursued on Half-Time Basis or
Less.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education on half-time basis or less whether a
program of education pursued on active duty, a program
of education leading to a degree, or a program of
education other than a program of education leading to
a degree.
(2) Amount of assistance.--The educational assistance
payable under this chapter to an individual pursuing a
program of education covered by this subsection on
half-time basis or less is the amounts as follows:
(A) The amount equal to the lesser of--
(i) the actual net cost for in-State
tuition and fees assessed by the
institution of higher learning for the
program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
or
(ii) the maximum amount that would be
payable to the individual for the
program of education under paragraph
(1)(A) of subsection (c), or under the
provisions of paragraphs (2) through
(6) of subsection (c) applicable to the
individual, for the program of
education if the individual were
entitled to amounts for the program of
education under subsection (c) rather
than this subsection.
(B) A stipend in an amount equal to the
amount of the appropriately reduced amount of
the lump sum amount for books, supplies,
equipment, and other educational costs
otherwise payable to the individual under
subsection (c).
(3) Quarter, term, or semester payments.--Payment of
the amounts payable to an individual under paragraph
(2) for pursuit of a program of education on half-time
basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at a percentage of a month equal to--
(A) the number of course hours borne by the
individual in pursuit of the program of
education involved, divided by
(B) the number of course hours for full-time
pursuit of such program of education.
(g) Programs of Education Other Than Programs of Education
Leading to a Degree.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education other than a program of education leading
to a degree at an institution other than an institution
of higher learning (as that term is defined in section
3452(f)).
(2) Pursuit on half-time basis or less.--The payment
of educational assistance under this chapter for
pursuit of a program of education otherwise described
in paragraph (1) on a half-time basis or less is
governed by subsection (f).
(3) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
entitled to educational assistance under this chapter
who is pursuing an approved program of education
covered by this subsection are as follows:
(A) In the case of an individual enrolled in
a program of education (other than a program
described in subparagraphs (B) through (D)) in
pursuit of a certificate or other non-college
degree, the following:
(i) Subject to clause (iv), an amount
equal to the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965 (20 U.S.C.
1070a(b))) that is
provided directly to
the institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(ii) Except in the case of an
individual pursuing a program of
education on a half-time or less basis
and subject to clause (iv), a monthly
housing stipend equal to the product--
(I) of--
(aa) in the case of
an individual pursuing
resident training, the
monthly amount of the
basic allowance for
housing payable under
section 403 of title 37
for a member with
dependents in pay grade
E-5 residing in the
military housing area
that encompasses all or
the majority portion of
the ZIP code area in
which is located the
campus of the
institution of where
the individual
physically participates
in a majority of
classes; or
(bb) in the case of
an individual pursuing
a program of education
through distance
learning, a monthly
amount equal to 50
percent of the amount
payable under item
(aa), multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education involved,
divided by the minimum
number of course hours
required for full-time
pursuit of such program
of education, rounded
to the nearest multiple
of 10.
(iii) Subject to clause (iv), a
monthly stipend in an amount equal to
$83 for each month (or pro rata amount
for a partial month) of training
pursued for books, supplies, equipment,
and other educational costs.
(iv) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (7) of
section 3311(b), the amounts payable
pursuant to clauses (i), (ii), and
(iii) shall be the amounts otherwise
determined pursuant to such clauses
multiplied by the same percentage
applicable to the monthly amounts
payable to the individual under
paragraphs (2) through (6) of
subsection (c).
(B) In the case of an individual pursuing a
full-time program of apprenticeship or other
on-job training, amounts as follows:
(i) Subject to clauses (iii) and
(iv), for each month the individual
pursues the program of education, a
monthly housing stipend equal to--
(I) during the first six-
month period of the program,
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5 residing in the
military housing area that
encompasses all or the majority
portion of the ZIP code area in
which is located the employer
at which the individual pursues
such program;
(II) during the second six-
month period of the program, 80
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(III) during the third six-
month period of the program, 60
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(IV) during the fourth six-
month period of such program,
40 percent of the monthly
amount of the basic allowance
for housing payable as
described in subclause (I); and
(V) during any month after
the first 24 months of such
program, 20 percent of the
monthly amount of the basic
allowance for housing payable
as described in subclause (I).
(ii) Subject to clauses (iii) and
(iv), a monthly stipend in an amount
equal to $83 for each month (or pro
rata amount for each partial month) of
training pursued for books, supplies,
equipment, and other educational costs.
(iii) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (7) of
sections 3311(b), the amounts payable
pursuant to clauses (i) and (ii) shall
be the amounts otherwise determined
pursuant to such clauses multiplied by
the same percentage applicable to the
monthly amounts payable to the
individual under paragraphs (2) through
(6) of subsection (c).
(iv) In any month in which an
individual pursuing a program of
education consisting of a program of
apprenticeship or other on-job training
fails to complete 120 hours of
training, the amount of monthly
educational assistance allowance
payable under clauses (i) and (iii) to
the individual shall be limited to the
same proportion of the applicable rate
determined under this subparagraph as
the number of hours worked during such
month, rounded to the nearest eight
hours, bears to 120 hours.
(C) [In the case] Subject to the limitation
under subsection (m), in the case of an
individual enrolled in a program of education
consisting of flight training (regardless of
the institution providing such program of
education), an amount equal to--
(i) the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$10,000; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (8) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (7) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (6) of subsection (c).
(D) In the case of an individual enrolled in
a program of education that is pursued
exclusively by correspondence (regardless of
the institution providing such program of
education), an amount equal to--
(i) the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution concerned for
the program of education after
the application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees.
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011, $8,500;
or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (8) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (7) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (6) of subsection (c).
(4) Frequency of payment.--
(A) Quarter, semester, or term payments.--
Payment of the amounts payable under paragraph
(3)(A)(i) for pursuit of a program of education
shall be made for the entire quarter, semester,
or term, as applicable, of the program of
education.
(B) Monthly payments.--Payment of the amounts
payable under paragraphs (3)(A)(ii) and
(3)(B)(i) for pursuit of a program of education
shall be made on a monthly basis.
(C) Lump sum payments.--
(i) Payment for the amount payable
under paragraphs (3)(A)(iii) and
(3)(B)(ii) shall be paid to the
individual for the first month of each
quarter, semester, or term, as
applicable, of the program education
pursued by the individual.
(ii) Payment of the amount payable
under paragraph (3)(C) for pursuit of a
program of education shall be made upon
receipt of certification for training
completed by the individual and
serviced by the training facility.
(D) Quarterly payments.--Payment of the
amounts payable under paragraph (3)(D) for
pursuit of a program of education shall be made
quarterly on a pro rata basis for the lessons
completed by the individual and serviced by the
institution.
(5) Charge against entitlement for certificate and
other non-college degree programs.--
(A) In general.--In the case of amounts paid
under paragraph (3)(A)(i) for pursuit of a
program of education, the charge against
entitlement to educational assistance under
this chapter of the individual for whom such
payment is made shall be one month for each
of--
(i) the amount so paid, divided by
(ii) subject to subparagraph (B), the
amount equal to one-twelfth of the
amount applicable in the academic year
in which the payment is made under
paragraph (3)(A)(i)(II).
(B) Pro rata adjustment based on certain
eligibility.--If the amount otherwise payable
with respect to an individual under paragraph
(3)(A)(i) is subject to a percentage adjustment
under paragraph (3)(A)(iv), the amount
applicable with respect to the individual under
subparagraph (A)(ii) shall be the amount
otherwise determined pursuant to such
subparagraph subject to a percentage adjustment
equal to the percentage adjustment applicable
with respect to the individual under paragraph
(3)(A)(iv).
(h) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under paragraphs (2) through (6) of
subsection (c)), (e)(2), and (f)(2)(A), and under subparagraphs
(A)(i), (C), and (D) of subsection (g)(3), shall be paid
directly to the educational institution concerned.
(i) Determination of Housing Stipend Payments for Academic
Years.--Any monthly housing stipend payable under this section
during the academic year beginning on August 1 of a calendar
year shall be determined utilizing rates for basic allowances
for housing payable under section 403 of title 37 in effect as
of January 1 of such calendar year.
(j) Determination of Monthly Housing Stipends During Active
Duty Service.--For any month during which an individual who is
entitled to a monthly housing stipend under this section is
performing active duty service, the Secretary shall determine
the amount of such stipend payable to such individual for such
month on a pro rata basis for the period of such month during
which the individual is not performing active duty service.
(k) Provision of Housing Stipend Payment Information.--
(1) In general.--The Secretary shall furnish to
individuals receiving educational assistance under this
chapter documentation that verifies the amount of the
monthly housing stipend the individual receives under
this section.
(2) Manner.--The Secretary shall make such
documentation available to the individual using an
internet website in the same manner the Secretary
provides documentation verifying compensation and other
benefits furnished by the Secretary to individuals.
(l) Verification of Enrollment.--
(1) In general.--Except as provided in paragraph (4),
the Secretary shall require--
(A) each educational institution to submit to
the Secretary verification of each individual
who is enrolled in a course or program of
education at the educational institution and is
receiving educational assistance under this
chapter--
(i) not later than such time as the
Secretary determines reasonable after
the date on which the individual is
enrolled; and
(ii) not later than such time as the
Secretary determines reasonable after
the last date on which a student is
able to withdraw from the course or
program of education without penalty;
and
(B) each individual who is enrolled in a
course or program of education and is receiving
educational assistance under this chapter to
submit to the Secretary verification of such
enrollment for each month during which the
individual is so enrolled and receiving such
educational assistance.
(2) Form of verification.--Verification under this
subsection shall be in an electronic form prescribed by
the Secretary.
(3) Failure to submit verification.--If an individual
fails to submit the verification required under
paragraph (1)(B) for two consecutive months, the
Secretary may not make a monthly housing stipend
payment to the individual under this section until the
individual submits such verification.
(4) Exception.--An educational institution is not
required to submit verification of an individual under
paragraph (1)(A) if--
(A) the individual is enrolled in a course or
program of education offered by the educational
institution on at least a full-time basis
before the date on which the individual is able
to withdraw from the course or program of
education without penalty;
(B) the educational institution charges the
same amount of tuition and fees for students
who are enrolled on a full-time basis and
students who are enrolled on a more-than-full-
time basis; and
(C) the individual remains enrolled in the
course or program of education after the date
on which the individual is able to withdraw
from the course or program of education without
penalty.
(m) Limitation on Use of Entitlement for Flight Training.--
(1) Notwithstanding any other provision of this chapter and
subject to paragraph (2), the maximum total amount payable
under this chapter for tuition and fees in the case of an
individual pursuing a degree-granting or non-degree-granting
program of flight training offered by a public institution of
higher learning is--
(A) in the case of an individual who first pursues
such a program during the academic year beginning on
August 1, 2025, $108,480; and
(B) in the case of an individual who first pursues
such a program during any subsequent academic year, the
amount in effect under this subsection for the previous
academic year beginning on August 1, as increased by
the percentage increase equal to the most recent
percentage increase determined under section 3015(h) of
this title.
(2) An individual who receives educational assistance under
this subsection may not receive more than the maximum total
amount in effect under paragraph (1) with respect to the
individual, regardless of when the individual pursues the
program of flight training or how many such programs the
individual pursues.
(3) An individual who receives educational assistance under
this subsection in an amount equal to less than the maximum
total amount in effect under paragraph (1) shall be entitled to
additional educational assistance under this chapter in an
amount equal to the difference between--
(A) the amount the individual received under this
subsection, and
(B) the maximum total amount in effect under
paragraph (1).
* * * * * * *
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, or chapter 1606 of
title 10, 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.
(E) An individual who is entitled to assistance under
section 16131 of title 10.
(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, or chapter 1606 of title 10 .
(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, or chapter 1606 of title 10, 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]
chapter 31, 33, or 35 of this title, or chapter 1606 of
title 10 .
(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] chapter 31, 33, or 35 of
this title, or chapter 1606 of title 10 .
(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 for more than 2 consecutive academic years.
(B) To be considered for a waiver under this paragraph, 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.
(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.
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