S 4458 — Ensuring the Best Schools for Veterans Act of 2022

[Congressional[117th BillsCongress 117thPublic Congress]Law 174] [From the U.S.

Government Publishing Office] [S.[[Page 2103]] ENSURING THE BEST SCHOOLS FOR VETERANS ACT OF 2022 [[Page 136 STAT.

44582104]] EngrossedPublic inLaw Senate117-174 (ES)]117th <DOC>Congress 117thAn CONGRESSAct 2dTo Sessionamend S.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.

4458<<NOTE: _______________________________________________________________________ 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.

BeAug. it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

SHORT26, TITLE.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.

``(d)(1) The<<NOTE: 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)Deadline.>> The Secretary mayshall waivenot approve the requirementsenrollment of paragraphany (1),eligible inveteran, wholenot oralready enrolled, in part,any ifcourse for any period during which the Secretary determines,finds pursuantthat tomore regulationsthan which85 percent of the Secretarystudents shallenrolled prescribe,in itthe course are having all or part of their tuition, fees, or other charges paid to beor infor them by the interesteducational 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 eligibleSecretary veterandetermines andhas a history of offering payment plans that are completed not later than 180 days after the Federalend Government.of the applicable term, quarter, or semester.

``(3)(A)``(2) The<<NOTE: 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)Waiver Anauthority. 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;

andRegulations.>> ``(ii)The Secretary may includewaive anythe informationrequirements thatof theparagraph educational(1), institutionin believeswhole theor Departmentin shouldpart, haveif takenthe intoSecretary accountdetermines, whenpursuant makingto regulations which the determination,Secretary includingshall withprescribe, respectit to anybe mitigatingin circumstances.the interest of the eligible veteran and the Federal Government.

``(C)``(3)(A) The<<NOTE: 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.

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 [[Page 136 STAT.

2105]] 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.

``(B) Notwithstanding<<NOTE: 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)Applicability.>> TheNotwithstanding Secretarysubparagraph shall(A), ensureon thata ancase educationalby institutioncase thatbasis, meets the requirementsSecretary ofmay apply paragraph (4)(1) orwith (5)respect submitsto informationany tocourse otherwise covered by such subparagraph if the Secretary onhas areason biennialto basisbelieve tothat verifythe meetingenrollment of veterans and persons described in clause (ii) of such requirements.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.

``(C)[[Page in136 aSTAT. farm cooperative training course;

2106]] ``(C) in a farm cooperative training course;

(b) Application.--The<<NOTE: 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.

Passed38 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 Senatedate Augustof 4,the 2022.enactment of this Act.

Attest:Approved August 26, 2022.

Secretary.LEGISLATIVE HISTORY--S.

117th4458: CONGRESS 2d Session S.

4458--------------------------------------------------------------------------- _______________________________________________________________________CONGRESSIONAL ANRECORD, ACTVol. 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.

168 (2022):

Aug.

4, considered and passed Senate.