[117th Congress Public Law 174]
[From the U.S. Government Publishing Office]
[[Page 2103]]
ENSURING THE BEST SCHOOLS FOR VETERANS ACT OF 2022
[[Page 136 STAT. 2104]]
Public Law 117-174
117th Congress
An Act
To amend title 38, United States Code, to improve the process by which
the Secretary of Veterans Affairs determines whether an educational
institution meets requirements relating to the percentage of students
who receive educational assistance furnished by the Secretary, and for
other purposes. <<NOTE: Aug. 26, 2022 - [S. 4458]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ensuring the
Best Schools for Veterans Act of 2022.>>
SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Ensuring the Best Schools for
Veterans Act of 2022''.
SEC. 2. DETERMINATIONS RELATING TO PERCENTAGE OF STUDENTS OF
EDUCATIONAL INSTITUTION WHO RECEIVE
EDUCATIONAL ASSISTANCE BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Subsection (d) of section 3680A of title 38, United
States Code, is amended to read as follows:
``(d)(1) <<NOTE: Deadline.>> 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) <<NOTE: Waiver authority. Regulations.>> 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) <<NOTE: Review.>> 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) <<NOTE: Deadline. Applicability.>> 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
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account when making the determination, including with respect to
any mitigating circumstances.
``(C) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Time period. Verification.>> 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;
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``(C) in a farm cooperative training course; or
``(D) in a course described in subsection (g).''.
(b) <<NOTE: 38 USC 3680A note.>> Application.--The amendment made
by subsection (a) shall apply with respect to a quarter, semester, or
term, as applicable, commencing on or after the date of the enactment of
this Act.
Approved August 26, 2022.
LEGISLATIVE HISTORY--S. 4458:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Aug. 4, considered and passed Senate.
Aug. 12, considered and passed House.
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