SEC. 2. DETERMINATIONS RELATING TO PERCENTAGE OF 
STUDENTS OF EDUCATIONAL INSTITUTION 
WHO RECEIVE EDUCATIONAL ASSISTANCE BY 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Subsection (d) of section 3680A 
is amended to read as follows: 
‘‘(d)(1) The Secretary shall not approve the enroll-
ment of any eligible veteran, not already enrolled, in any 
course for any period during which the Secretary finds 
that more than 85 percent of the students enrolled in the 
course are having all or part of their tuition, fees, or other 
charges paid to or for them by the educational institution 
or by the Department of Veterans Affairs under this title 
or under chapter 1606 of title 10, except with respect to 
tuition, fees, or other charges that are paid under a pay-
ment plan at an educational institution that the Secretary 
determines has a history of offering payment plans that 
are completed not later than 180 days after the end of 
the applicable term, quarter, or semester. 
‘‘(2) The Secretary may waive the requirements of 
paragraph (1), in whole or in part, if the Secretary deter-
mines, pursuant to regulations which the Secretary shall 
prescribe, it to be in the interest of the eligible veteran 
and the Federal Government. 
‘‘(3)(A) The Secretary shall establish a process by 
which an educational institution may request a review of 
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a determination that the educational institution does not 
meet the requirements of paragraph (1). 
‘‘(B) An educational institution that requests a re-
view under subparagraph (A)— 
‘‘(i) shall request the review not later than 30 
days after the start of the term, quarter, or semester 
for which the determination described in subpara-
graph (A) applies; and 
‘‘(ii) may include any information that the edu-
cational institution believes the Department should 
have taken into account when making the deter-
mination, including with respect to any mitigating 
circumstances. 
‘‘(C) The Under Secretary of Benefits shall issue an 
initial decision for each review requested under subpara-
graph (A) by not later than 30 days after the date of the 
request, to the extent feasible. 
‘‘(D) An educational institution may request the Sec-
retary to review the decision by the Under Secretary under 
subparagraph (C). The Secretary shall review each deci-
sion so requested and, pursuant to such review, shall issue 
a final decision sustaining, modifying, or overturning the 
decision by the Under Secretary. 
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‘‘(E) The Secretary shall carry out this paragraph 
without regard to any review process carried out by the 
Secretary under chapter 51 of this title. 
‘‘(4) Paragraph (1) shall not apply to any course of-
fered by an educational institution if— 
‘‘(A) the majority of courses offered by the edu-
cational institution are approved under section 3672 
or 3675 of this title; and 
‘‘(B) the total number of veterans and persons 
receiving assistance under this title or under chapter 
1606 of title 10 who are enrolled in such institution 
equals 35 percent or less of the total student enroll-
ment at such institution (computed separately for 
the main campus and any branch or extension of 
such institution). 
‘‘(5)(A) Paragraph (1) shall not apply to any course 
offered by an educational institution if— 
‘‘(i) the majority of courses offered by the edu-
cational institution are approved under section 3676 
of this title; and 
‘‘(ii) the total number of veterans and persons 
receiving assistance under this title or under chapter 
1606 of title 10 who are enrolled in such institution 
equals 35 percent or less of the total student enroll-
ment at such institution (computed separately for 
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the main campus and any branch or extension of 
such institution). 
‘‘(B) Notwithstanding subparagraph (A), on a case 
by case basis, the Secretary may apply paragraph (1) with 
respect to any course otherwise covered by such subpara-
graph if the Secretary has reason to believe that the en-
rollment of veterans and persons described in clause (ii) 
of such subparagraph may be in excess of 85 percent of 
the total student enrollment in such course. 
‘‘(6) The Secretary shall ensure that an educational 
institution that meets the requirements of paragraph (4) 
or (5) submits information to the Secretary on a biennial 
basis to verify meeting such requirements. During such 
biennial period in which an educational institution is cov-
ered by such verification, the Secretary may not require 
the educational institution to submit information with re-
spect to meeting the requirements of paragraph (1). 
‘‘(7) Paragraph (1) shall not apply with respect to 
the enrollment of a veteran— 
‘‘(A) in a program of education for which fewer 
than 10 students are having all or part of their tui-
tion, fees, or other charges paid to or for them by 
the educational institution or by the Department of 
Veterans Affairs under this title or under chapter 
1606 of title 10; 
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‘‘(B) in a course offered pursuant to section 
3019, 3034(a)(3), 3234, or 3241(a)(2) of this title; 
‘‘(C) in a farm cooperative training course; or 
‘‘(D) in a course described in subsection (g).’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply with respect to a quarter, semester, 
or term, as applicable, commencing on or after the date 
of the enactment of this Act. 
Æ 
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