Title: Ensuring the Best Schools for Veterans Act of 2022
Policy area: Armed Forces and National Security

Summary:
Ensuring the Best Schools for Veterans Act of 2022
This bill 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 bill 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 bill 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 bill 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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4458 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4458

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2022

 Mr. Tester (for himself and Mr. Moran) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
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.

    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 ``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) 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) 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) 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) 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 
        account when making the determination, including with respect 
        to any mitigating circumstances.
    ``(C) 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) 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) 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;
            ``(C) in a farm cooperative training course; or
            ``(D) in a course described in subsection (g).''.
    (b) 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.
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