[Congressional Record Volume 168, Number 131 (Thursday, August 4, 2022)]
[Senate]
[Pages S4033-S4034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENSURING THE BEST SCHOOLS FOR VETERANS ACT OF 2022
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
Committee on Veterans' Affairs be discharged from further consideration
of
[[Page S4034]]
S. 4458 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (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.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Mr. SCHUMER. I ask unanimous consent that the bill be considered read
a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. SCHUMER. I know of no further debate on the bill.
The PRESIDING OFFICER. If there is no further debate on the bill, the
bill having been read the third time, the question is, Shall the bill
pass?
The bill (S. 4458) was passed as follows:
S. 4458
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.
Mr. SCHUMER. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________