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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1767 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 1767

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2024

    Received; read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 AN ACT

 
  To amend title 38, United States Code, to provide that educational 
   assistance paid under Department of Veterans Affairs educational 
assistance programs to an individual who pursued a program or course of 
 education that was suspended or terminated for certain reasons shall 
not be charged against the entitlement of the individual, 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 ``Student Veteran Benefit Restoration 
Act''.

SEC. 2. TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS OF EDUCATIONAL 
              INSTITUTIONS THAT VIOLATE CERTAIN PROHIBITIONS ON 
              ADVERTISING, SALES, AND ENROLLMENT PRACTICES.

    (a) Restoration of Entitlement.--Section 3696 of title 38, United 
States Code, is amended--
            (1) by redesignating subsections (i) through (l) as 
        subsections (j) through (m), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection (i):
    ``(i) Restoration of Entitlement.--Upon a final determination by 
the Under Secretary for Benefits under subsection (g), including the 
results of any appeal under subsection (i), that an educational 
institution or the owner of an educational institution violated 
subsection (a), (c), or (d), the Secretary may determine that any 
payment of educational assistance to an individual who used, or was 
enticed to use, entitlement to educational assistance under chapter 30, 
31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, 
to pursue a course or program of education at such educational 
institution during the time period when the violation occurred, and 
who, by reason of such violation, was unable to continue such course or 
program at such educational institution or was deprived (in the 
determination of the Secretary) of the expected value of such used 
entitlement, is not--
            ``(1) charged against any entitlement to educational 
        assistance of the individual; or
            ``(2) counted against the aggregate period for which 
        section 3695 of this title limits the receipt of educational 
        assistance by such individual.''.
    (b) Repayment of Funds.--
            (1) In general.--Subsection (h) of such section is 
        amended--
                    (A) in paragraph (4), by striking ``subsection 
                (i)'' and inserting ``subsection (j)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(5)(A) In addition to any other enforcement action taken under 
this subsection, upon a final determination by the Under Secretary for 
Benefits under subsection (g) that an educational institution or the 
owner of an educational institution violated subsection (a) or (c), the 
Secretary shall require the educational institution to repay to the 
Secretary all amounts of educational assistance under chapter 30, 31, 
32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, paid 
to the educational institution by or on behalf of an individual who 
pursued a course or program of education at the educational institution 
during the time period when the violation occurred.
    ``(B) As a condition of the approval of a course or program of 
education under this chapter, the educational institution offering the 
course or program shall agree that if Under Secretary of Benefits makes 
a final determination under subsection (g) that the educational 
institution or the owner of the educational institution violated 
subsection (a) or (c), the educational institution shall make the 
repayment required under subparagraph (A).
    ``(C) The Under Secretary shall establish a process for making a 
determination regarding the amount an educational institution or an 
owner of an educational institution is required to repay under 
subparagraph (A) in the case of a violation of subsection (a) or (c). 
Such process shall include--
            ``(i) clearly defined factors to be used to determine the 
        amount attributable to the violation, including the degree to 
        which individuals enrolled in a program of education offered by 
        the educational institution using entitlement to educational 
        assistance under chapter 30, 31, 32, 33, or 35 of this title or 
        chapter 1606 or 1607 of title 10 suffered a loss due to the 
        violation;
            ``(ii) a requirement that the Under Secretary provide 
        notice to the educational institution or the owner of the 
        educational institution that the Under Secretary is in the 
        process of making such a determination with respect to the 
        educational institution or owner; and
            ``(iii) a procedure under which the educational institution 
        or owner may provide such information to the Under Secretary as 
        the educational institution or owner determines appropriate 
        within a specified period of time outlined by the Secretary for 
        purposes of informing such determination.
    ``(D) A determination made pursuant to subparagraph (C) shall be--
            ``(i) made by the Under Secretary and may not be delegated; 
        and
            ``(ii) subject to review under section 7104(a) of this 
        title.''.
            (2) Disapproval.--Section 3679 of title 38, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(g) Notwithstanding any other provision of this chapter, in the 
case of an educational institution that the Secretary determines is 
required to repay to the Secretary an amount under section 3696(h)(5) 
of this title and does not repay such amount, the Secretary shall 
disapprove a course or program of education offered by the educational 
institution until the educational institution repays to the Secretary 
such amount.''.
            (3) Reinstatement.--Paragraph (2) of subsection (k) of 
        section 3696, as redesignated by subsection (a)(1), is 
        amended--
                    (A) in subparagraph (E)--
                            (i) by striking ``that''; and
                            (ii) by striking ``and'' at the end;
                    (B) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (C) by inserting after subparagraph (E) the 
                following new subparagraph (F):
            ``(F) the educational institution repays any amount 
        required to be repaid under subsection (h)(5); and''.

SEC. 3. MODIFICATION OF CERTAIN HOUSING LOAN FEES.

    The loan fee table in section 3729(b)(2) of title 38, United States 
Code, is amended by striking ``November 

              

15, 2031'' each place it appears and inserting ``November 29, 2031''.

            Passed the House of Representatives April 30, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```