I 

116TH CONGRESS 

1ST SESSION H. R. 4085 

To amend title 38, United States Code, to make certain improvements in 

the educational assistance programs of the Department of Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2019 

Mr. BILIRAKIS introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to make certain 

improvements in the educational assistance programs of 

the Department of Veterans Affairs, 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 ‘‘Student Veteran Em5 powerment Act of 2019’’. 


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1 SEC. 2. CHARGE TO ENTITLEMENT TO EDUCATIONAL AS2 SISTANCE FOR INDIVIDUALS WHO DO NOT 

3 TRANSFER CREDITS FROM CERTAIN DIS4 APPROVED PROGRAMS OF EDUCATION. 

5 (a) IN GENERAL.—Subsection (c) of section 3699 of 

6 title 38, United States Code, is amended to read as fol7 lows: 

8 ‘‘(c) PERIOD NOT CHARGED.—(1) The period for 

9 which, by reason of this subsection, educational assistance 

10 is not charged against entitlement or counted toward the 

11 applicable aggregate period under section 3695 of this title 

12 shall not exceed the aggregate of— 

13 ‘‘(A) the portion of the period of enrollment in 

14 the course from which the individual did not receive 

15 credit or with respect to which the individual lost 

16 training time, as determined under subsection 

17 (b)(2); and 

18 ‘‘(B) the period by which a monthly stipend is 

19 extended under section 3680(a)(2)(B) of this title. 

20 ‘‘(2)(A) An individual described in paragraph (2) who 

21 transfers fewer than 12 credits from a program of edu22 cation that is disapproved as described in subsection 

23 (b)(1)(B) shall be deemed to be an individual who did not 

24 receive such credits, as described in subsection (b)(2), ex25 cept that the period for which such individual’s entitle26 ment is not charged shall be the entire period of the indiVerDate Sep 11 2014 00:20 Aug 15, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4085.IH H4085

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1 vidual’s enrollment in the program of education. In car2 rying out this subparagraph, the Secretary, in consultation 

3 with the Secretary of Education, shall establish procedures 

4 to determine whether the individual transferred credits to 

5 a comparable course or program of education. 

6 ‘‘(B) An individual described in this paragraph is an 

7 individual who is enrolled in a course or program of edu8 cation discontinued as described in subsection (b)(1)(B) 

9 during the period beginning on the date that is 120 days 

10 before the date of such discontinuance and ending on the 

11 date of such discontinuance.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall take effect on the date that is 180 

14 days after the date of the enactment of this Act. 

15 SEC. 3. ADDITIONAL REQUIREMENTS FOR APPROVAL OF 

16 EDUCATIONAL INSTITUTIONS FOR PURPOSES 

17 OF THE EDUCATIONAL ASSISTANCE PRO18 GRAMS OF THE DEPARTMENT OF VETERANS 

19 AFFAIRS. 

20 (a) IN GENERAL.—Section 3675(b) of title 38, 

21 United States Code, is amended by adding at the end the 

22 following new paragraphs: 

23 ‘‘(4) The educational institution is approved 

24 and participates in a program under title IV of the 

25 Higher Education Act of 1965 (20 U.S.C. 1070 et 


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1 seq.) or the Secretary has waived the requirement 

2 under this paragraph with respect to an educational 

3 institution and submits to the Committees on Vet4 erans’ Affairs of the Senate and House of Rep5 resentatives notice of such waiver for each calendar 

6 quarter for which such waiver applies. 

7 ‘‘(5) The educational institution has agreed to 

8 abide by the Principles of Excellence under Execu9 tive Order 13607, as in effect on the date of the en10 actment of this paragraph, or the Secretary has 

11 waived the requirement under this paragraph with 

12 respect to an educational institution and submits to 

13 the Committees on Veterans’ Affairs of the Senate 

14 and House of Representatives notice of such waiver 

15 for each calendar quarter for which such waiver ap16 plies.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall take effect on the date that is 180 

19 days after the date of the enactment of this Act. 

20 SEC. 4. OVERSIGHT OF EDUCATIONAL INSTITUTIONS 

21 PLACED ON HEIGHTENED CASH MONITORING 

22 STATUS BY SECRETARY OF EDUCATION. 

23 (a) IN GENERAL.—Section 3673 of title 38, United 

24 States Code, is amended by adding at the end the fol25 lowing new subsection: 


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1 ‘‘(e) NOTICE OF CASH MONITORING STATUS.—(1) If 

2 the Secretary receives notice under paragraph (2) with re3 spect to an educational institution, the Secretary shall pro4 vide such notice to the State approving agency for the 

5 State where the educational institution is located by not 

6 later than 30 days after the date on which the Secretary 

7 receives such notice. Not later than 60 days after receiving 

8 such notice, the State approving agency shall perform a 

9 risk-based oversight visit to the educational institution. 

10 ‘‘(2) Notice under this paragraph is any of the fol11 lowing: 

12 ‘‘(A) Notice from the Secretary of Education 

13 that pursuant to section 487(c)(1)(B) of the Higher 

14 Education Act of 1965 (20 U.S.C. 1094) an edu15 cational institution is receiving payments under the 

16 heightened cash monitoring payment method. 

17 ‘‘(B) Notice that the Attorney General, the 

18 Federal Trade Commission, or any other Federal de19 partment or agency has taken legal action against 

20 an educational institution relating to misleading 

21 marketing status or misconduct, as defined by the 

22 Secretary of Veterans Affairs. 

23 ‘‘(3) If a State approving agency disapproves or sus24 pends an educational institution, the State approving 

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1 sion to the Secretary and to the other State approving 

2 agencies. Upon receipt of notice relating to an educational 

3 institution under this paragraph, a State approving agen4 cy shall perform a risk-based oversight visit to the edu5 cational institution. 

6 ‘‘(4) This subsection shall be carried out using 

7 amounts made available pursuant to section 3674(a)(4) 

8 of this title as long as such amounts remain available.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on the date that is 180 

11 days after the date of the enactment of this Act. 

12 SEC. 5. VERIFICATION OF ENROLLMENT FOR PURPOSES OF 

13 RECEIPT OF POST-9/11 EDUCATIONAL ASSIST14 ANCE BENEFITS. 

15 (a) IN GENERAL.—Section 3313 of title 38, United 

16 States Code, is amended by adding at the end the fol17 lowing new subsection: 

18 ‘‘(l) VERIFICATION OF ENROLLMENT.—The Sec19 retary shall require each individual who is enrolled in a 

20 course or program of education and is receiving edu21 cational assistance under this chapter to submit to the 

22 Secretary verification of such enrollment for each month 

23 during which the individual is so enrolled and receiving 

24 such educational assistance. Verification under this subVerDate Sep 11 2014 00:20 Aug 15, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4085.IH H4085

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1 section shall be in an electronic form prescribed by the 

2 Secretary.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect on August 1, 2020. 

Æ 


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