117TH CONGRESS 

2D SESSION S. 4458 

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. 
2 

†S 4458 ES

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’’. 

6 SEC. 2. DETERMINATIONS RELATING TO PERCENTAGE OF 

7 STUDENTS OF EDUCATIONAL INSTITUTION 

8 WHO RECEIVE EDUCATIONAL ASSISTANCE BY 

9 DEPARTMENT OF VETERANS AFFAIRS. 

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

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

12 follows: 

13 ‘‘(d)(1) The Secretary shall not approve the enroll14 ment of any eligible veteran, not already enrolled, in any 

15 course for any period during which the Secretary finds 

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

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

18 charges paid to or for them by the educational institution 

19 or by the Department of Veterans Affairs under this title 

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

21 tuition, fees, or other charges that are paid under a pay22 ment plan at an educational institution that the Secretary 

23 determines has a history of offering payment plans that 

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

25 the applicable term, quarter, or semester. 
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1 ‘‘(2) The Secretary may waive the requirements of 

2 paragraph (1), in whole or in part, if the Secretary deter3 mines, pursuant to regulations which the Secretary shall 

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

5 and the Federal Government. 

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

7 which an educational institution may request a review of 

8 a determination that the educational institution does not 

9 meet the requirements of paragraph (1). 

10 ‘‘(B) An educational institution that requests a re11 view under subparagraph (A)— 

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

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

14 for which the determination described in subpara15 graph (A) applies; and 

16 ‘‘(ii) may include any information that the edu17 cational institution believes the Department should 

18 have taken into account when making the deter19 mination, including with respect to any mitigating 

20 circumstances. 

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

22 initial decision for each review requested under subpara23 graph (A) by not later than 30 days after the date of the 

24 request, to the extent feasible. 
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1 ‘‘(D) An educational institution may request the Sec2 retary to review the decision by the Under Secretary under 

3 subparagraph (C). The Secretary shall review each deci4 sion so requested and, pursuant to such review, shall issue 

5 a final decision sustaining, modifying, or overturning the 

6 decision by the Under Secretary. 

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

8 without regard to any review process carried out by the 

9 Secretary under chapter 51 of this title. 

10 ‘‘(4) Paragraph (1) shall not apply to any course of11 fered by an educational institution if— 

12 ‘‘(A) the majority of courses offered by the edu13 cational institution are approved under section 3672 

14 or 3675 of this title; and 

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

16 receiving assistance under this title or under chapter 

17 1606 of title 10 who are enrolled in such institution 

18 equals 35 percent or less of the total student enroll19 ment at such institution (computed separately for 

20 the main campus and any branch or extension of 

21 such institution). 

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

23 offered by an educational institution if— 
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1 ‘‘(i) the majority of courses offered by the edu2 cational institution are approved under section 3676 

3 of this title; and 

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

5 receiving assistance under this title or under chapter 

6 1606 of title 10 who are enrolled in such institution 

7 equals 35 percent or less of the total student enroll8 ment at such institution (computed separately for 

9 the main campus and any branch or extension of 

10 such institution). 

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

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

13 respect to any course otherwise covered by such subpara14 graph if the Secretary has reason to believe that the en15 rollment of veterans and persons described in clause (ii) 

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

17 the total student enrollment in such course. 

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

19 institution that meets the requirements of paragraph (4) 

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

21 basis to verify meeting such requirements. During such 

22 biennial period in which an educational institution is cov23 ered by such verification, the Secretary may not require 

24 the educational institution to submit information with re25 spect to meeting the requirements of paragraph (1). 
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1 ‘‘(7) Paragraph (1) shall not apply with respect to 

2 the enrollment of a veteran— 

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

4 than 10 students are having all or part of their tui5 tion, fees, or other charges paid to or for them by 

6 the educational institution or by the Department of 

7 Veterans Affairs under this title or under chapter 

8 1606 of title 10; 

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

10 3019, 3034(a)(3), 3234, or 3241(a)(2) of this title; 

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

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

13 (b) APPLICATION.—The amendment made by sub14 section (a) shall apply with respect to a quarter, semester, 

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

16 of the enactment of this Act. 

Passed the Senate August 4, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 4458 

AN ACT 

To amend title 38, United States Code, to improve 

other purposes. sistance furnished by the Secretary, and for centage of students who receive educational astution meets requirements relating to the perAffairs determines whether an educational instithe process by which the Secretary of Veterans