S. 4458 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘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) 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 
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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; 
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‘‘(C) in a farm cooperative training course; or 

‘‘(D) in a course described in subsection (g).’’. 

(b) 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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.