Ensuring the Best Schools for Veterans Act of 2022
Bill: S.4458 | Sponsor: Sen. Tester, Jon (D-MT)
Policy area: Armed Forces and National Security

Summary:
Ensuring the Best Schools for Veterans Act of 2022
This act makes adjustments to the process by which the Department of Veterans Affairs (VA) evaluates programs of education for violations of the 85/15 Rule.
The rule generally prohibits the VA from approving the enrollment of a veteran in any course at an educational institution where more than 85% of the students are having all or part of their tuition or other charges paid by the institution or the VA.
The act adds an exception for tuition or charges paid under a payment plan at an educational institution with a history of offering payment plans that are completed within 180 days after the end of the applicable term, quarter, or semester.
The act also requires the VA to establish a process by which an educational institution may request a review of a determination that the institution has more than 85% of enrolled students that have all or part of their tuition or other charges paid by the institution or the VA.
The act adjusts the existing 35% exemption by exempting courses from the 85/15 Rule if the majority of courses at the institution are approved by the state approving agency, and the total number of veterans, reservists, or eligible beneficiaries who are enrolled at the institution equals 35% or less of the total student enrollment at the institution.
Additionally, the 85/15 Rule does not apply with respect to the enrollment of a veteran in a program of education with fewer than 10 students who are having all or part of their tuition or other charges paid to or for them by the educational institution or the VA.

[117th Congress Public Law 174]
[From the U.S. Government Publishing Office]



[[Page 2103]]

           ENSURING THE BEST SCHOOLS FOR VETERANS ACT OF 2022

[[Page 136 STAT. 2104]]

Public Law 117-174
117th Congress

                                 An Act


 
 To amend title 38, United States Code, to improve the process by which 
  the Secretary of Veterans Affairs determines whether an educational 
 institution meets requirements relating to the percentage of students 
 who receive educational assistance furnished by the Secretary, and for 
          other purposes. <<NOTE: Aug. 26, 2022 -  [S. 4458]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ensuring the 
Best Schools for Veterans Act of 2022.>> 
SECTION 1. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Ensuring the Best Schools for 
Veterans Act of 2022''.
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 of title 38, United 
States Code, is amended to read as follows:
    ``(d)(1) <<NOTE: Deadline.>>  The Secretary shall not approve the 
enrollment 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 payment 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) <<NOTE: Waiver authority. Regulations.>>  The Secretary may 
waive the requirements of paragraph (1), in whole or in part, if the 
Secretary determines, pursuant to regulations which the Secretary shall 
prescribe, it to be in the interest of the eligible veteran and the 
Federal Government.

    ``(3)(A) <<NOTE: Review.>>  The Secretary shall establish a process 
by which an educational institution may request a review of a 
determination that the educational institution does not meet the 
requirements of paragraph (1).

    ``(B) An educational institution that requests a review under 
subparagraph (A)--
            ``(i) <<NOTE: Deadline. Applicability.>>  shall request the 
        review not later than 30 days after the start of the term, 
        quarter, or semester for which the determination described in 
        subparagraph (A) applies; and
            ``(ii) may include any information that the educational 
        institution believes the Department should have taken into

[[Page 136 STAT. 2105]]

        account when making the determination, including with respect to 
        any mitigating circumstances.

    ``(C) <<NOTE: Deadline.>>  The Under Secretary of Benefits shall 
issue an initial decision for each review requested under subparagraph 
(A) by not later than 30 days after the date of the request, to the 
extent feasible.

    ``(D) An educational institution may request the Secretary to review 
the decision by the Under Secretary under subparagraph (C). The 
Secretary shall review each decision so requested and, pursuant to such 
review, shall issue a final decision sustaining, modifying, or 
overturning the decision by the Under Secretary.
    ``(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 offered by an 
educational institution if--
            ``(A) the majority of courses offered by the educational 
        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 enrollment 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 educational 
        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 enrollment at such institution (computed 
        separately for the main campus and any branch or extension of 
        such institution).

    ``(B) <<NOTE: Applicability.>>  Notwithstanding subparagraph (A), on 
a case by case basis, the Secretary may apply paragraph (1) with respect 
to any course otherwise covered by such subparagraph if the Secretary 
has reason to believe that the enrollment 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) <<NOTE: Time period. Verification.>>  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 covered by such verification, the 
Secretary may not require the educational institution to submit 
information with respect 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 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;
            ``(B) in a course offered pursuant to section 3019, 
        3034(a)(3), 3234, or 3241(a)(2) of this title;

[[Page 136 STAT. 2106]]

            ``(C) in a farm cooperative training course; or
            ``(D) in a course described in subsection (g).''.

    (b) <<NOTE: 38 USC 3680A note.>>  Application.--The amendment made 
by subsection (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.

    Approved August 26, 2022.

LEGISLATIVE HISTORY--S. 4458:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Aug. 4, considered and passed Senate.
            Aug. 12, considered and passed House.

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