I 

118TH CONGRESS 

2D SESSION H. R. 7895 

To amend title 38, United States Code, to provide for the restoration of 

entitlement of individuals entitled to educational assistance under the 

laws administered by the Secretary of Veterans Affairs who use such 

entitlement to pursue a course or program of education at an educational 

institution found to have violated certain prohibitions on advertising, 

sales, and enrollment practices, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2024 

Mr. BOST introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for the 

restoration of entitlement of individuals entitled to educational assistance under the laws administered by the 

Secretary of Veterans Affairs who use such entitlement 

to pursue a course or program of education at an educational institution found to have violated certain prohibitions on advertising, sales, and enrollment practices, 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Recoupment of Ex3 penditures for Student Tuition Outlays and Restoration 

4 of Entitlement Act’’ or the ‘‘RESTORE Act’’. 

5 SEC. 2. TREATMENT BY DEPARTMENT OF VETERANS AF6 FAIRS OF EDUCATIONAL INSTITUTIONS THAT 

7 VIOLATE CERTAIN PROHIBITIONS ON ADVER8 TISING, SALES, AND ENROLLMENT PRAC9 TICES. 

10 (a) RESTORATION OF ENTITLEMENT.—Section 3696 

11 of title 38, United States Code, is amended— 

12 (1) by redesignating subsections (i) through (l) 

13 as subsections (j) through (m), respectively; and 

14 (2) by inserting after subsection (h) the fol15 lowing new subsection (i): 

16 ‘‘(i) RESTORATION OF ENTITLEMENT.—Upon a final 

17 determination by the Under Secretary for Benefits under 

18 subsection (g), including the results of any appeal under 

19 subsection (i), that an educational institution or the owner 

20 of an educational institution violated subsection (a), (c), 

21 or (d), the Secretary may determine that any payment of 

22 educational assistance to an individual who used entitle23 ment to educational assistance under chapter 30, 31, 32, 

24 33, or 35 of this title, or chapter 1606 or 1607 of title 

25 10, to pursue a course or program of education at such 

26 educational institution during the time period when the 


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1 violation occurred, and who was unable to continue such 

2 course or program at such educational institution by rea3 son of such violation, is not— 

4 ‘‘(1) charged against any entitlement to edu5 cational assistance of the individual; or 

6 ‘‘(2) counted against the aggregate period for 

7 which section 3695 of this title limits the receipt of 

8 educational assistance by such individual.’’. 

9 (b) REPAYMENT OF FUNDS.— 

10 (1) IN GENERAL.—Subsection (h) of such sec11 tion is amended— 

12 (A) in paragraph (4), by striking ‘‘sub13 section (i)’’ and inserting ‘‘subsection (j)’’; and 

14 (B) by adding at the end the following new 

15 paragraph: 

16 ‘‘(5)(A) In addition to any other enforcement action 

17 taken under this subsection, upon a final determination 

18 by the Under Secretary for Benefits under subsection (g) 

19 that an educational institution or the owner of an edu20 cational institution violated subsection (a), (c), or (d), the 

21 Secretary shall require the educational institution to repay 

22 to the Secretary all amounts of educational assistance 

23 under chapter 30, 31, 32, 33, or 35 of this title, or chapter 

24 1606 or 1607 of title 10, paid to the educational institu25 tion by or on behalf of an individual who pursued a course 


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1 or program of education at the educational institution dur2 ing the time period when the violation occurred. 

3 ‘‘(B) As a condition of the approval of a course or 

4 program of education under this chapter, the educational 

5 institution offering the course or program shall agree that 

6 if Under Secretary of Benefits makes a final determina7 tion under subsection (g) that the educational institution 

8 or the owner of the educational institution violated sub9 section (a), (c), or (d), the educational institution shall 

10 make the repayment required under subparagraph (A). 

11 ‘‘(C) The Under Secretary shall establish a process 

12 for making a determination regarding the amount an edu13 cational institution or an owner of an educational institu14 tion is required to repay under subparagraph (A) in the 

15 case of a violation of subsection (a), (c), or (d). Such proc16 ess shall include— 

17 ‘‘(i) clearly defined factors to be used to deter18 mine the amount attributable to the violation, in19 cluding the degree to which individuals enrolled in a 

20 program of education offered by the educational in21 stitution using entitlement to educational assistance 

22 under chapter 30, 31, 32, 33, or 35 of this title or 

23 chapter 1606 or 1607 of title 10 suffered a loss due 

24 to the violation; 


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1 ‘‘(ii) a requirement that the Under Secretary 

2 provide notice to the educational institution or the 

3 owner of the educational institution that the Under 

4 Secretary is in the process of making such a deter5 mination with respect to the educational institution 

6 or owner; and 

7 ‘‘(iii) a procedure under which the educational 

8 institution or owner may provide such information to 

9 the Under Secretary as the educational institution or 

10 owner determines appropriate within a specified pe11 riod of time outlined by the Secretary for purposes 

12 of informing such determination. 

13 ‘‘(D) A determination made pursuant to subpara14 graph (C) shall be— 

15 ‘‘(i) made by the Under Secretary and may not 

16 be delegated; and 

17 ‘‘(ii) subject to review under section 7104(a) of 

18 this title.’’. 

19 (2) DISAPPROVAL.—Section 3679 of title 38, 

20 United States Code, is amended by adding at the 

21 end the following new subsection: 

22 ‘‘(g) Notwithstanding any other provision of this 

23 chapter, in the case of an educational institution that the 

24 Secretary determines is required to repay to the Secretary 

25 an amount under section 3696(h)(5) of this title and does 


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1 not repay such amount, the Secretary shall disapprove a 

2 course or program of education offered by the educational 

3 institution until the educational institution repays to the 

4 Secretary such amount.’’. 

5 (3) REINSTATEMENT.—Paragraph (2) of sub6 section (k) of section 3696, as redesignated by sub7 section (a)(1), is amended— 

8 (A) in subparagraph (E)— 

9 (i) by striking ‘‘that’’; and 

10 (ii) by striking ‘‘and’’ at the end; 

11 (B) by redesignating subparagraph (F) as 

12 subparagraph (G); and 

13 (C) by inserting after subparagraph (E) 

14 the following new subparagraph (F): 

15 ‘‘(F) the educational institution repays any 

16 amount required to be repaid under subsection 

17 (h)(5); and’’. 

18 (c) APPLICABILITY.—The amendments made by this 

19 section shall apply with respect to a violation that occurs 

20 on or after the date that is 180 days after the date of 

21 the enactment of this Act. 

Æ 


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