II 

117TH CONGRESS 

2D SESSION S. 4458 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2022 

Mr. TESTER (for himself and Mr. MORAN) introduced the following bill; which 

was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring the Best 

5 Schools for Veterans Act of 2022’’. 


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1 SEC. 2. DETERMINATIONS RELATING TO PERCENTAGE OF 

2 STUDENTS OF EDUCATIONAL INSTITUTION 

3 WHO RECEIVE EDUCATIONAL ASSISTANCE BY 

4 DEPARTMENT OF VETERANS AFFAIRS. 

5 (a) IN GENERAL.—Subsection (d) of section 3680A 

6 of title 38, United States Code, is amended to read as 

7 follows: 

8 ‘‘(d)(1) The Secretary shall not approve the enroll9 ment of any eligible veteran, not already enrolled, in any 

10 course for any period during which the Secretary finds 

11 that more than 85 percent of the students enrolled in the 

12 course are having all or part of their tuition, fees, or other 

13 charges paid to or for them by the educational institution 

14 or by the Department of Veterans Affairs under this title 

15 or under chapter 1606 of title 10, except with respect to 

16 tuition, fees, or other charges that are paid under a pay17 ment plan at an educational institution that the Secretary 

18 determines has a history of offering payment plans that 

19 are completed not later than 180 days after the end of 

20 the applicable term, quarter, or semester. 

21 ‘‘(2) The Secretary may waive the requirements of 

22 paragraph (1), in whole or in part, if the Secretary deter23 mines, pursuant to regulations which the Secretary shall 

24 prescribe, it to be in the interest of the eligible veteran 

25 and the Federal Government. 


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1 ‘‘(3)(A) The Secretary shall establish a process by 

2 which an educational institution may request a review of 

3 a determination that the educational institution does not 

4 meet the requirements of paragraph (1). 

5 ‘‘(B) An educational institution that requests a re6 view under subparagraph (A)— 

7 ‘‘(i) shall request the review not later than 30 

8 days after the start of the term, quarter, or semester 

9 for which the determination described in subpara10 graph (A) applies; and 

11 ‘‘(ii) may include any information that the edu12 cational institution believes the Department should 

13 have taken into account when making the deter14 mination, including with respect to any mitigating 

15 circumstances. 

16 ‘‘(C) The Under Secretary of Benefits shall issue an 

17 initial decision for each review requested under subpara18 graph (A) by not later than 30 days after the date of the 

19 request, to the extent feasible. 

20 ‘‘(D) An educational institution may request the Sec21 retary to review the decision by the Under Secretary under 

22 subparagraph (C). The Secretary shall review each deci23 sion so requested and, pursuant to such review, shall issue 

24 a final decision sustaining, modifying, or overturning the 

25 decision by the Under Secretary. 


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1 ‘‘(E) The Secretary shall carry out this paragraph 

2 without regard to any review process carried out by the 

3 Secretary under chapter 51 of this title. 

4 ‘‘(4) Paragraph (1) shall not apply to any course of5 fered by an educational institution if— 

6 ‘‘(A) the majority of courses offered by the edu7 cational institution are approved under section 3672 

8 or 3675 of this title; and 

9 ‘‘(B) the total number of veterans and persons 

10 receiving assistance under this title or under chapter 

11 1606 of title 10 who are enrolled in such institution 

12 equals 35 percent or less of the total student enroll13 ment at such institution (computed separately for 

14 the main campus and any branch or extension of 

15 such institution). 

16 ‘‘(5)(A) Paragraph (1) shall not apply to any course 

17 offered by an educational institution if— 

18 ‘‘(i) the majority of courses offered by the edu19 cational institution are approved under section 3676 

20 of this title; and 

21 ‘‘(ii) the total number of veterans and persons 

22 receiving assistance under this title or under chapter 

23 1606 of title 10 who are enrolled in such institution 

24 equals 35 percent or less of the total student enroll25 ment at such institution (computed separately for 


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1 the main campus and any branch or extension of 

2 such institution). 

3 ‘‘(B) Notwithstanding subparagraph (A), on a case 

4 by case basis, the Secretary may apply paragraph (1) with 

5 respect to any course otherwise covered by such subpara6 graph if the Secretary has reason to believe that the en7 rollment of veterans and persons described in clause (ii) 

8 of such subparagraph may be in excess of 85 percent of 

9 the total student enrollment in such course. 

10 ‘‘(6) The Secretary shall ensure that an educational 

11 institution that meets the requirements of paragraph (4) 

12 or (5) submits information to the Secretary on a biennial 

13 basis to verify meeting such requirements. During such 

14 biennial period in which an educational institution is cov15 ered by such verification, the Secretary may not require 

16 the educational institution to submit information with re17 spect to meeting the requirements of paragraph (1). 

18 ‘‘(7) Paragraph (1) shall not apply with respect to 

19 the enrollment of a veteran— 

20 ‘‘(A) in a program of education for which fewer 

21 than 10 students are having all or part of their tui22 tion, fees, or other charges paid to or for them by 

23 the educational institution or by the Department of 

24 Veterans Affairs under this title or under chapter 

25 1606 of title 10; 


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1 ‘‘(B) in a course offered pursuant to section 

2 3019, 3034(a)(3), 3234, or 3241(a)(2) of this title; 

3 ‘‘(C) in a farm cooperative training course; or 

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

5 (b) APPLICATION.—The amendment made by sub6 section (a) shall apply with respect to a quarter, semester, 

7 or term, as applicable, commencing on or after the date 

8 of the enactment of this Act. 

Æ 


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