IIB 

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. 

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


ssavage on LAPJG3WLY3PROD with BILLS
2 

HR 1767 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Student Veteran Ben3 efit Restoration Act’’. 

4 SEC. 2. TREATMENT BY DEPARTMENT OF VETERANS AF5 FAIRS OF EDUCATIONAL INSTITUTIONS THAT 

6 VIOLATE CERTAIN PROHIBITIONS ON ADVER7 TISING, SALES, AND ENROLLMENT PRAC8 TICES. 

9 (a) RESTORATION OF ENTITLEMENT.—Section 3696 

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

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

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

13 (2) by inserting after subsection (h) the fol14 lowing new subsection (i): 

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

16 determination by the Under Secretary for Benefits under 

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

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

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

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

21 educational assistance to an individual who used, or was 

22 enticed to use, entitlement to educational assistance under 

23 chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 

24 or 1607 of title 10, to pursue a course or program of edu25 cation at such educational institution during the time pe26 riod when the violation occurred, and who, by reason of 


ssavage on LAPJG3WLY3PROD with BILLS
3 

HR 1767 RFS

1 such violation, was unable to continue such course or pro2 gram at such educational institution or was deprived (in 

3 the determination of the Secretary) of the expected value 

4 of such used entitlement, is not— 

5 ‘‘(1) charged against any entitlement to edu6 cational assistance of the individual; or 

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

8 which section 3695 of this title limits the receipt of 

9 educational assistance by such individual.’’. 

10 (b) REPAYMENT OF FUNDS.— 

11 (1) IN GENERAL.—Subsection (h) of such sec12 tion is amended— 

13 (A) in paragraph (4), by striking ‘‘sub14 section (i)’’ and inserting ‘‘subsection (j)’’; and 

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

16 paragraph: 

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

18 taken under this subsection, upon a final determination 

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

20 that an educational institution or the owner of an edu21 cational institution violated subsection (a) or (c), the Sec22 retary shall require the educational institution to repay to 

23 the Secretary all amounts of educational assistance under 

24 chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 

25 or 1607 of title 10, paid to the educational institution by 


ssavage on LAPJG3WLY3PROD with BILLS
4 

HR 1767 RFS

1 or on behalf of an individual who pursued a course or pro2 gram of education at the educational institution during 

3 the time period when the violation occurred. 

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

5 program of education under this chapter, the educational 

6 institution offering the course or program shall agree that 

7 if Under Secretary of Benefits makes a final determina8 tion under subsection (g) that the educational institution 

9 or the owner of the educational institution violated sub10 section (a) or (c), the educational institution shall make 

11 the repayment required under subparagraph (A). 

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

13 for making a determination regarding the amount an edu14 cational institution or an owner of an educational institu15 tion is required to repay under subparagraph (A) in the 

16 case of a violation of subsection (a) or (c). Such process 

17 shall include— 

18 ‘‘(i) clearly defined factors to be used to deter19 mine the amount attributable to the violation, in20 cluding the degree to which individuals enrolled in a 

21 program of education offered by the educational in22 stitution using entitlement to educational assistance 

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

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

25 to the violation; 


ssavage on LAPJG3WLY3PROD with BILLS
5 

HR 1767 RFS

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 


ssavage on LAPJG3WLY3PROD with BILLS
6 

HR 1767 RFS

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 SEC. 3. MODIFICATION OF CERTAIN HOUSING LOAN FEES. 

19 The loan fee table in section 3729(b)(2) of title 38, 

20 United States Code, is amended by striking ‘‘November 


ssavage on LAPJG3WLY3PROD with BILLS
7 

HR 1767 RFS

1 15, 2031’’ each place it appears and inserting ‘‘November 

2 29, 2031’’. 

Passed the House of Representatives April 30, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


ssavage on LAPJG3WLY3PROD with BILLS